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Computational Intelligence and Operations Laboratory (CIOL) 2

{ "id": 202, "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 (ff) which was inserted by the section 2 of the War Injuries (Compensation Insurance) (Amendment) Ordinance, 1945 (XLI of 1945) was substituted by section 2 of the War Injuries (Compensation Insurance) (Amendment) Ordinance, 1965 (XXXIV of 1965)", "3 The word “Pakistan” was 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, comma and figure “Factories Act, 1965” were substituted for the words, comma and figure “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 “twenty-five poisha” were substituted for the words “four annas” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "6 The words “the Railway” were substituted for the words “any Government Railway” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "7 Clause (d) was omitted by section 8 of the War Injuries (Compensation Insurance) (Amendment) Ordinance, 1944 (LIV of 1944)" ], "name": "The War Injuries (Compensation Insurance) Act, 1943", "num_of_sections": 21, "published_date": "2nd September, 1943", "related_act": [ 192, 202, 75, 430, 250, 126 ], "repelled": false, "sections": [ { "act_id": 202, "details": "1. (1) This Act may be called the War Injuries (Compensation Insurance) Act, 1943. (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": "202", "section_id": 1 }, { "act_id": 202, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“adult” and “minor” have the meanings assigned to those expressions in the Workmen's Compensation Act, 1923; (b)\t“employer” includes any body of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer, and when the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, means the latter person while the workman is working for that other person; (c)\t“the Fund” means the War Injuries Compensation Insurance Fund constituted under section 11; (d)\t“gainfully occupied person” and “war injury” have the meanings assigned to those expressions in the War Injuries Ordinance, 1941; (e)\t“partial disablement” means, where the disablement is of a temporary nature such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time the injury was sustained, and where the disablement is of a permanent nature, such disablement as reduces his earning capacity in any employment which he was capable of undertaking at that time: Provided that every injury specified in items 2 to 9 of the First Schedule shall be deemed to result in permanent partial disablement; (f)\t“prescribed” means prescribed by rules made under section 20; 2(ff) “termination of hostilities” means the date declared under clause (3) of section 2 of the War Injuries Ordinance, 1941, to be the date of termination of hostilities; (g)\t“total disablement” means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time the injury was sustained: Provided that permanent total disablement shall be deemed to result from the permanent total loss of the sight of both eyes or from an injury specified in item 1 of the First Schedule or from any combination of injuries specified in items 2 to 9 of the First Schedule where the aggregate percentage of disability as specified in that Schedule against those injuries amounts to one hundred per cent; (h)\tthe “Scheme” means the War Injuries Compensation Insurance Scheme referred to in sub section (1) of section 7; (i)\t“wages” means wages as defined in the Workmen's Compensation Act, 1923, and “monthly wages” has the meaning assigned to that expression by section 5 of the Workmen's Compensation Act, 1923, and shall be calculated for the purposes of this Act in the manner laid down in that section; (j)\t“workman” means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employers' trade or business) who is employed in any of the employments specified in section 6.", "name": "Definitions", "related_acts": "192,192", "section_id": 2 }, { "act_id": 202, "details": "3. (1) There shall, subject to such conditions as may be specified in the Scheme, be payable by an employer, in respect of a war injury sustained by a gainfully occupied person who is a workman to whom this Act applies, compensation, in addition to any relief provided under the War Injuries Ordinance, 1941, of the amount and kind provided by section 5: Provided that where an employer has taken out a policy of insurance as required by sub section (1) of section 9 and has made all payments by way of premium thereon which are subsequently due from him in accordance with the provisions of the Scheme, or where by the provisions of sub section (1) of section 9 or of sub section (2) of section 12 the employer is not required to insure, the Government shall assume and discharge on behalf of the employer the employer's liability to pay compensation under this sub section. (2) The compensation payable under this Act shall be payable in accordance with the provisions made in this behalf contained in the Scheme. (3) This section shall be binding on the Government.", "name": "Compensation payable under the Act by whom and how payable", "related_acts": "192", "section_id": 3 }, { "act_id": 202, "details": "4. Where any person has a right apart from the provisions of this Act and of the War Injuries Ordinance, 1941, to receive compensation (whether in the form of gratuity, pension, compassionate payment or otherwise) or damages from an employer in respect of a war injury in respect of which compensation is payable under this Act, the right shall extend only to so much of such compensation or damages as exceeds the amount of compensation payable under this Act.", "name": "Limitation on right to receive compensation otherwise than under this Act and Ordinance VII of 1941", "related_acts": "192", "section_id": 4 }, { "act_id": 202, "details": "5. (1) The compensation payable under this Act shall be as follows, namely: (a) where death results from the injury- (i) in the case of an adult the amount payable in a like case under the Workmen's Compensation Act, 1923, reduced by seven hundred and twenty Taka, and (ii) in the case of a minor two hundred Taka; (b) where permanent total disablement results from the injury- (i) in the case of an adult the amount payable in a like case under the Workmen's Compensation Act, 1923, reduced by one thousand and eight Taka, and (ii) in the case of a minor the monthly payment payable in a like case to an adult under the Scheme made under the War Injuries Ordinance, 1941, for so long as he remains a minor, and thereafter as in the foregoing sub clause; (c) where permanent partial disablement results from the injury- (i) in the case of an injury specified in the First Schedule such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of disablement; (ii) in the case of an injury not specified in the First Schedule the percentage of such compensation specified in the First Schedule for a disablement held by a competent medical authority acting under the Scheme made under the War Injuries Ordinance, 1941, to be of corresponding degree; (iii) where more injuries than one are sustained- the aggregate of the compensation payable in respect of those injuries, so however as not to exceed in any case the compensation which would have been payable if permanent total disability had resulted from the injuries;  (d) where temporary disablement, whether total or partial, results from the injury- (i) in the case of an adult the half monthly payments payable in a like case under the Workmen's Compensation Act, 1923, reduced in each case for so long as he receives any payment under the Scheme made under the War Injuries Ordinance, 1941, by seven Taka, and (ii) in the case of a minor the half monthly payments payable in a like case under the Workmen's Compensation Act, 1923, for so long as he remains a minor, and thereafter as in the foregoing sub-clause. (2) Where the monthly wages of a workman are more than three hundred Taka, the compensation payable under this Act shall be the amount payable under the provisions of sub section (1) in the case of a workman whose monthly wages are more than two hundred Taka.", "name": "Amount of compensation", "related_acts": "192,192,192", "section_id": 5 }, { "act_id": 202, "details": "6. The workmen to whom this Act applies are- (a)\tworkmen employed in any employment or class of employment to which the 3* * * Essential Services (Maintenance) Act, 1952, has been declared under section 3 thereof to apply, whether such declaration is or is not subsequently revoked; (b) \tworkmen employed in any factory as defined in clause (j) of section 2 of the 4Factories Act, 1965; (c) \tworkmen employed in any mine within the meaning of the Mines Act, 1923; (d) \tworkmen employed in any major port; (e) \tworkmen employed on any estate which is maintained for the purpose of growing cinchona, coffee, rubber or tea, and on which on any one day in the preceding twelve months, twenty-five or more persons have been employed as workmen; (f) \tworkmen employed in any employment specified in this behalf by the Government by notification in the official Gazette.", "name": "Workmen to whom the Act applies", "related_acts": "250,126", "section_id": 6 }, { "act_id": 202, "details": "7. (1) The Government shall, by notification in the official Gazette, put into operation a scheme to be called the War Injuries Compensation Insurance Scheme whereby provision is made for all matters necessary to give effect to the purposes of this Act and whereby the Government undertakes, in relation to employers of workmen to whom this Act applies, the liabilities of insuring such employers against liabilities incurred by them to workmen under this Act and the Scheme. (2) The Scheme shall secure that any liability of the Government as insurer under the Scheme is determined by a policy of insurance issued in the prescribed form by a person acting on behalf of the Government. (3) The Scheme may provide that it shall come into operation or shall be deemed to have come into operation on such date not earlier than the date declared under clause (3) of section 2 of the War Injuries Ordinance, 1941, to be the date of the commencement of hostilities, as may be specified therein. (4) The Scheme may be amended at any time by the Government. (5) Without prejudice to the generality of the provisions of sub section (1), the Scheme may- (a)\tmake provisions regulating the payment of the compensation payable under this Act and the Scheme, including provision for punishment by fine not exceeding one thousand Taka for the contravention of any requirement of the Scheme; (b)\tmake provision specifying the persons to whom and the proportions and manner in which payments under this Act shall be made; (c)\tspecify conditions or circumstances which will disentitle a workman to the compensation payable under this Act, and make it an express or implied condition of any policy of insurance issued under the Scheme that the payment of compensation in defiance of such specification is not covered by the policy;  (d) \tspecify the conditions or circumstances under which the compensation payable to a workman may be withheld, cancelled, reduced or reviewed if the award made under the Scheme made under the War Injuries Ordinance, 1941, is withheld, cancelled, reduced or reviewed; (e)\tprovide for cases in which an employer has of his own accord undertaken a part or the whole of the liability imposed by this Act; (f)\tprovide for the final assessment of the total premium due on a policy of insurance under the Scheme either as the equivalent of all advance payments of premium already made by an employer, or as a percentage of the total wages bills of an employer for the periods with reference to which the amount of any advance payments made by him was fixed or as a percentage of the total wages bill of an employer for a period of not less than twelve or more than fifteen months immediately preceding the termination of hostilities, and for the assessment of the total premium due on a policy which has ceased to be in force before the termination of hostilities owing to the employer having gone out of business; (g)\tprovide for the recovery from an employer of the total premium due on a policy of insurance including provision for its recovery by periodic advance payments of an amount based on a percentage of his total wages bill for any prescribed period, the separate funding of the payments so made by each employer, and the eventual adjustment of the total premium as finally assessed against the total of such periodic payments: Provided that, where the amount of the periodic payment based on the total wages bill of the prescribed period is less than eight Taka, it shall be increased to eight Taka: Provided further that the first of such periodic payments shall subject to the aforesaid minimum of eight Taka be an amount representing not more than 5twenty-five poisha per hundred Taka of the wages bill for the period by reference to which the amount of the payment is fixed:  Provided further that such periodic payments shall not be more frequent than once in each quarter of a year: Provided further that the rate of any periodic payment after the first shall subject to the aforesaid minimum of eight Taka not be higher than the rate estimated to raise the amount in the Fund after repayment of the advances, if any, paid into the Fund by the Government under sub section (2) of section 11, to a sum of Taka fifteen lakhs.", "name": "War Injuries Compensation Insurance Scheme", "related_acts": "192,192", "section_id": 7 }, { "act_id": 202, "details": "8. The Government may employ or authorise the employment of any person or firm to act as its agents for any of the purposes of this Act, and may pay to persons or firms so employed such remuneration as the Government thinks fit.", "name": "Employment of agents by the Government", "related_acts": "", "section_id": 8 }, { "act_id": 202, "details": "9. (1) Every employer of workmen to whom this Act applies or is subsequently made applicable except an employer whose total wages bill for any quarter after the commencement of this Act has never exceeded fifteen hundred Taka shall, before such date as may be prescribed, or before the expiry of such period as\tmay be prescribed after his having first become such an employer, take out a policy of insurance issued in accordance with the Scheme, whereby he is insured until the termination of hostilities or until the date, if any, prior to the termination of hostilities at which he ceases to be an employer to whom this section applies, against all liabilities imposed on him by this Act. (2) Whoever contravenes the provisions of sub section (1) or, having taken out a policy of insurance as required by that sub section, fails to make any payment by way of premium thereon which is subsequently due from him in accordance with the provisions of the Scheme shall be punishable with fine which may extend to one thousand Taka and shall also be punishable with a further fine which may extend to five hundred Taka for every day after having been so convicted on which the contravention or failure continues. (3) This section shall not bind the Government nor, unless the Government by notification in the official Gazette, otherwise orders, 6the Railway.", "name": "Compulsory insurance", "related_acts": "", "section_id": 9 }, { "act_id": 202, "details": "10. (1) After the date on which the Scheme is put into operation no person shall, except as a person authorised by the Government as its agent to issue policies in pursuance of the Scheme, carry on the business of insuring employers in Bangladesh against the liabilities for insurance against which the Scheme provides. (2) Nothing in sub section (1) applies to any policy of insurance entered into before the date on which the Scheme is put into operation and current after that date or to any policy of insurance covering liabilities undertaken in excess of the liabilities imposed by this Act. (3) Whoever contravenes the provisions of sub section (1) shall be punishable with fine which may extend to five thousand Taka and with a further fine which may extend to one thousand Taka for every day after the first on which the contravention continues.", "name": "Prohibition of certain insurance business", "related_acts": "", "section_id": 10 }, { "act_id": 202, "details": "11. (1) The Government shall establish a fund for the purposes of this Act to be called the War Injuries Compensation Insurance Fund into which shall be paid all sums received by the Government by way of insurance premiums under the Scheme or by way of payments made on composition of offences under section 17 or by way of expenses or compensation awarded by a Court under section 545 of the Code of Criminal Procedure, 1898, out of any fine imposed under this Act, or by way of penalties imposed under the Scheme, and out of which shall be paid all sums required for the discharge by the Government of any of its liabilities under this Act or the Scheme, or for the payment by the Government of the remuneration and expenses of agents employed for the purposes of the Scheme, or for the payment by the Government of the costs of administering the Scheme: Provided that no payment from the Fund shall be made in discharge of any liability of the Government to pay compensation to workmen employed by it. (2) If at any time the sum standing to the credit of the Fund is less than the sum for the time being necessary for the adequate discharge of the purposes of the Fund, the Government shall pay into the Fund as an advance out of general revenues such amount as the Government considers necessary. (3) If when all payments which have to be made out of the Fund have been defrayed, any balance remains in the Fund, the balance shall be constituted into a Fund to be utilised and administered by the Government for the benefit of workmen. (4) The Government shall prepare in such form and manner as may be prescribed and shall publish every six months an account of all sums received into and paid out of the Fund.", "name": "War Injuries Compensation Insurance Fund", "related_acts": "75", "section_id": 11 }, { "act_id": 202, "details": "12. (1) Where a person (in this section referred to as the principal) uses, in the course of or for the purposes of his trade or business, the services of workmen temporarily lent or let on hire to him by arrangement with another person with whom the workmen have entered into contracts of service or apprenticeship, or in the course of or for the purposes of his trade or business, contracts with any other person for the execution by or under such other person of the whole or any part of any work which is ordinarily part of the trade or business of the principal (either such other person being in this section referred to as the contractor) the principal shall obtain from the contractor the name of the agent of the Government acting under section 8 with whom he intends to insure, and shall report to that agent the existence of his arrangement or contract with the contractor. (2) Notwithstanding anything elsewhere contained in this Act, in any such case as is referred to in sub section (1), it shall not be necessary for the contractor to insure against the liabilities imposed on him by this Act in respect of workmen employed by him whose services are lent or let on hire on such an arrangement or used in the execution of work on such a contract as is referred to in sub section (1), where the arrangement or contract is for a term of less than one month. (3) The Scheme may make provision for the supply, by a contractor to a principal, of any information necessary to enable the purposes of this section to be carried out including provision for punishment by fine not exceeding one thousand Taka for the contravention of any requirement of the Scheme.", "name": "Principals and contractors", "related_acts": "", "section_id": 12 }, { "act_id": 202, "details": "13. (1) Any person authorised in this behalf by the Government may, for the purpose of ascertaining whether the requirements of this Act and of the Scheme have been complied with, require any employer to submit to him such accounts, books or other documents or to furnish to him such information or to give such certificates as he may reasonably think necessary. (2) Whoever wilfully obstructs any person in the exercise of his powers under this section or fails without reasonable excuse to comply with any request made thereunder shall, in respect of each occasion on which any such obstruction or failure takes place, be punishable with fine which may extend to one thousand Taka. (3) Whoever in purporting to comply with his obligations under this section knowingly or recklessly makes a statement false in a material particular shall be punishable with fine which may extend to one thousand Taka.", "name": "Power of Government to obtain information", "related_acts": "", "section_id": 13 }, { "act_id": 202, "details": "14. (1) Without prejudice to the provisions of sub section (2) of section 9, where any person has failed to insure as or to the full amount required by this Act and the Scheme and has thereby evaded the payment by way of premium of any money which he would have had to pay in accordance with the provisions of the Scheme but for such failure, an officer authorised in this behalf by the Government may determine the amount payment of which has been so evaded, and the amount so determined shall be payable by such person and shall be recoverable from him as provided in sub section (2). (2) Any sum payable in accordance with the provisions of the Scheme by way of premium on a policy of insurance issued under the Scheme and any amount determined as payable under sub section (1) shall be recoverable as an arrear of land revenue. (3) Any person against whom a determination is made under sub section (1) may, within the prescribed period, appeal against such determination to the Government whose decision shall be final.", "name": "Recovery of premium unpaid", "related_acts": "", "section_id": 14 }, { "act_id": 202, "details": "15. Where an employer has failed to take out a policy of insurance as required by sub section (1) of section 9, or having taken out a policy of insurance as required by that sub section has failed to make the payments by way of premium thereon which are subsequently due from him in accordance with the provisions of the Scheme, payment of any compensation for the payment of which he is liable under this Act may be made out of the Fund, and the sum so paid together with a penalty of such amount not exceeding the sum so paid as may be determined by an officer authorised in this behalf by the Government shall be recoverable from the employer as an arrear of land revenue for payment into the Fund.", "name": "Payment of compensation where employer has failed to insure", "related_acts": "", "section_id": 15 }, { "act_id": 202, "details": "16. No prosecution for any offence punishable under this Act shall be instituted against any person except by or with the consent of the Government or an authority authorised in this behalf by the Government.", "name": "Limitation of prosecutions", "related_acts": "", "section_id": 16 }, { "act_id": 202, "details": "17. Any offence punishable under sub section (2) of section 9 may, either before or after the institution of the prosecution, be compounded by the Government or by any authority authorised in this behalf by the Government on payment for credit to the Fund of such sum as the Government or such authority, as the case may be, thinks fit.", "name": "Composition of offences", "related_acts": "", "section_id": 17 }, { "act_id": 202, "details": "18. (1) 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. (2) No suit shall be maintainable in any civil Court against the Government or a person acting as its agent under section 8 for the refund of any money paid or purporting to have been paid by way of premium on a policy of insurance taken out or purporting to have been taken out under this Act.", "name": "Bar of legal proceedings", "related_acts": "", "section_id": 18 }, { "act_id": 202, "details": "19. The Government shall exempt any employer from the provisions of this Act on the employer's request, if satisfied that he has before the commencement of this Act entered into a contract with insurers substantially covering the liabilities imposed on him by this Act, for so long as that contract continues.", "name": "Power to exempt employers", "related_acts": "", "section_id": 19 }, { "act_id": 202, "details": "20. (1) The Government may, by notification in the official Gazette, make rules to carry into effect the provisions, of this Act. (2) Without prejudice to the generality of the foregoing such rules may prescribe- (a) the principles to be followed in ascertaining the total wages bill of an employer, including provision for the exclusion therefrom of certain categories of wages or of certain elements included in the definition of wages; (b) the form of the policies of insurance referred to in sub-section (2) of section 7; (c) the period referred to in clause (g) of sub section (5) of section 7; 7* * * (e) the date and the period referred to in sub-section (1) of section 9; (f) the form of and the manner of preparing and publishing the account referred to in sub section (4) of section 11; (g) the periods referred to in sub section (3) of section 14.", "name": "Power to make rules", "related_acts": "", "section_id": 20 }, { "act_id": 202, "details": "21. Application of the Scheme to Acceding State or non Acceding State.- Omitted by section 7 of the War Injuries (Compensation Insurance) (Amendment) Ordinance, 1965 (XXXIV of 1965).", "name": "Omitted.", "related_acts": "", "section_id": 21 } ], "text": "An Act to impose on employers a liability to pay compensation to workmen sustaining war injuries and to provide for the insurance of employers against such liability.1♣ WHEREAS it is expedient to impose on employers a liability to pay compensation to workmen sustaining war injuries and to provide for the insurance of employers against such liability; It is hereby as follows:-" }

{ "id": 203, "lower_text": [ "1 Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Central 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 “or of any 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)", "3 The words “the Supreme Court” were substituted for the words “a High Court in Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "4 The words “the High Court Division” 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)", "5 Section 14A was added by section 4 of the Enemy Agents (Amendment) Ordinance, 1944 (Ordinance No. XI of 1944)" ], "name": "The Enemy Agents Ordinance, 1943", "num_of_sections": 18, "published_date": "9th January, 1943", "related_act": [ 24, 75, 203, 430 ], "repelled": false, "sections": [ { "act_id": 203, "details": "1. (1) This Ordinance may be called the Enemy Agents Ordinance, 1943. (2) It extends to the whole of Bangladesh and applies also- (i) \tto all citizens of Bangladesh and persons in the service of Government wherever they may be; and (ii)\tto persons on board any ship or aircraft registered in Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "203", "section_id": 1 }, { "act_id": 203, "details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“enemy” means any State at war with Bangladesh; (b)\t“enemy agent” means a person, not operating as a member of an enemy armed force, who is employed by, or works for, or acts on instructions received from, the enemy.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 203, "details": "3. Whoever is an enemy agent, or, with intent to aid the enemy, does, or attempts or conspires with any other person to do, any act which is designed or likely to give assistance to the naval, military or air operations of the enemy or to impede the naval, military or\tair operations of the Armed Forces of Bangladesh or the forces of a foreign power allied with Bangladesh 2* * * or to endanger life, shall be punishable with death.", "name": "Penalty for aiding the enemy", "related_acts": "", "section_id": 3 }, { "act_id": 203, "details": "4. (1) Any offence punishable under section 3 committed at any time after the 2nd day of September, 1939, whether committed before or after the commencement of this Ordinance, shall be triable under the provisions of this Ordinance. (2) Where a person is charged before a Special Judge with an offence punishable under section 3, he may be charged with and tried at the same trial for any other offence with which he might, under the Code of Criminal Procedure, 1898, be charged at one trial, and the procedure of this Ordinance shall apply to the trial of any such other offence.", "name": "Offences triable under this Ordinance", "related_acts": "75", "section_id": 4 }, { "act_id": 203, "details": "5. (1) For the trial of offences punishable under section 3, the Government may appoint as Special Judges, having jurisdiction throughout Bangladesh, any persons who have acted for a period of not less than two years in the exercise of the powers of a Sessions Judge or an Assistant Sessions Judge under the Code of Criminal Procedure, 1898. (2) A Special Judge shall try any offence punishable under section 3 which the Government by general or special order in writing directs to be tried by him, and may hold his sittings for the trial of any case in any place fixed by the Government.", "name": "Appointment and jurisdiction of Special Judges", "related_acts": "75", "section_id": 5 }, { "act_id": 203, "details": "6. (1) The Government may, at any stage of the proceedings before a Special Judge, transfer the case to another Special Judge. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, when a case is transferred under sub-section (1), the Special Judge to whom the case is transferred shall not be bound to re summon or re hear the witnesses or any of them unless he is satisfied that such a course is necessary in the interests of justice.", "name": "Transfer of cases from one Special Judge to another", "related_acts": "75", "section_id": 6 }, { "act_id": 203, "details": "7. (1) A Special Judge may take cognizance of an offence without the accused being committed to his Court for trial, and, in trying accused persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 1898, for the trial of warrant cases by Magistrates: Provided that a Special Judge shall ordinarily record a memorandum only of the substance of the evidence of each witness examined, may refuse to summon any witness if satisfied after examination of the accused that the evidence of such witness will not be material, and shall not be bound to adjourn any trial for any purpose unless such adjournment is in his opinion necessary in the interests of justice. (2) In matters not coming within the scope of sub section (1) the provisions of the Code of Criminal Procedure, 1898, so far as they are not inconsistent with this Ordinance, shall apply to the proceedings of a Special Judge; and for the purposes of the said provisions the Court of the Special Judge shall be deemed to be a Court of Session.", "name": "Procedure of Special Judges", "related_acts": "75,75", "section_id": 7 }, { "act_id": 203, "details": "8. A Special Judge may pass any sentence authorised by law.", "name": "Sentences by Special Judges", "related_acts": "", "section_id": 8 }, { "act_id": 203, "details": "9. (1) If in any proceedings before a Special Judge- (a) \ta person convicted is sentenced to death, or to transportation for life, or (b)\tthough no person is so sentenced, the Special Judge certifies that in his opinion the case has involved questions of special difficulty, whether of law or fact, or is one which for any other reason ought properly to be reviewed, the proceedings shall be submitted for review by a person appointed in this behalf by the Government, which person shall be chosen from the Judges of 3the Supreme Court, and the decision of that person shall be final. (2) Where any proceedings are so submitted for review, the Judge reviewing the proceedings may, exercise in his discretion any of the powers exercisable under section 439 of the Code of Criminal Procedure, 1898, by 4the High Court Division in the case of any proceeding to which the said section 439 refers: Provided that, where in the exercise of these powers the Judge reviewing the proceedings directs a re-trial of the accused, or directs further evidence to be taken, the reviewing Judge may direct the re trial to be held or the further evidence to be taken by the Special Judge by whom the case was tried in the first instance, or by any other Special Judge, or by a Special Judge to be appointed for the purpose by the Government. (3) The person appointed under sub section (1) to review the proceedings of a Special Judge may call for and examine the record of any proceedings before the Special Judge for the purpose of satisfying himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings of the Special Judge, and may exercise in the case of proceedings the record of which has been so called for any of the powers which would have been exercisable by him in the case of such proceedings had they been submitted to him for review under sub section (1).", "name": "Review of convictions", "related_acts": "75", "section_id": 9 }, { "act_id": 203, "details": "10. If, as respects any proceedings before a Special Judge or before a Judge reviewing under section 9 the proceedings of a Special Judge, the Special Judge or reviewing Judge, as the case may be, is satisfied that it is expedient in the interests of the public safety or the defence of Bangladesh so to do, such Judge may give directions that throughout or during any part of the proceedings such persons or classes of persons as the Judge may determine shall be excluded.", "name": "Hearing of proceedings in camera", "related_acts": "", "section_id": 10 }, { "act_id": 203, "details": "11. (1) In any proceedings before a Special Judge, and in proceedings before a Judge reviewing under section 9 the proceedings of a Special Judge when the reviewing Judge grants permission in this behalf, a person accused of an offence triable under this Ordinance may of right be defended by a pleader, but such pleader shall be a person whose name is entered in a list prepared in this behalf by the Government or who is otherwise approved by the Government. (2) A Special Judge, or a Judge reviewing under section 9 the proceedings of a Special Judge, may appoint a pleader whose name is entered in the list referred to in sub-section (1) or who is otherwise approved by the Government to defend at any stage of the proceedings a person accused of an offence triable under this Ordinance who has not himself engaged a pleader. (3) A Special Judge shall not be required to grant an adjournment for the purpose of securing the attendance of a pleader, if in the opinion of the Special Judge such adjournment would cause unreasonable delay in the disposal of the case.", "name": "Limitation on appearance of pleaders", "related_acts": "", "section_id": 11 }, { "act_id": 203, "details": "12. Notwithstanding anything contained in the Evidence Act, 1872, when the statement of any person has been recorded by any Magistrate, such statement may be admitted in evidence in any trial before a Special Judge, if such person is dead or cannot be found or is incapable of giving evidence.", "name": "Special rule of evidence", "related_acts": "24", "section_id": 12 }, { "act_id": 203, "details": "13. (1) When any accused in a trial before a Special Judge has by his voluntary act rendered himself incapable of appearing before the Court, or resists his production before it, or behaves before it in a persistently disorderly manner, the Court may, at any stage of the trial, by order in writing, made after such inquiry as it may think fit, dispense with the attendance of such accused for such period as it may think fit and proceed with the trial in his absence. (2) Where a plea is required in answer to a charge from an accused whose attendance has been dispensed with under sub-section (1), such accused shall be deemed not to plead guilty. (3) An order under sub section (1) dispensing with the attendance of an accused shall not affect his right of being represented by a pleader at any stage of the trial, or being present in person, if he has become capable of appearing, or appears in Court and undertakes to behave in an orderly manner. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, no finding, sentence or order passed in a trial before a Special Judge shall be held to be illegal by reason of any omission or irregularity whatsoever arising from the absence of any or all of the accused whose attendance has been dispensed with under sub section (1).", "name": "Special rule of procedure", "related_acts": "75", "section_id": 13 }, { "act_id": 203, "details": "14. Notwithstanding the provisions of the Code of Criminal Procedure, 1898, or of any other law for the time being in force, or of anything having the force of law by whatsoever authority made or done, there shall be no appeal from any order or sentence made or passed by a Special Judge or a reviewing Judge under this Ordinance and, save as provided in this Ordinance, no Court shall have authority to revise such order or sentence or to transfer any case from the Court of a Special Judge, or to make any order under section 491 of the Code of Criminal Procedure, 1898, or have any jurisdiction of any kind in respect of any proceedings under this Ordinance.", "name": "Exclusion of interference of other Courts", "related_acts": "75,75", "section_id": 14 }, { "act_id": 203, "details": "514A. (1) Notwithstanding the provisions of the Code of Criminal Procedure, 1898, or of any other law for the time being in force, or of anything having the force of law by whatsoever authority made or done, no person other than the accused or his pleader shall be entitled to be furnished with a copy of any part of the records of, or of any document relating to, any proceedings under this Ordinance. (2) Any such copy furnished to the accused or his pleader shall be kept by the person to whom it was furnished in his personal custody, and it shall be an offence punishable under section 16 for that person to show it to any person other than his pleader or his client as the case may be, or to divulge its contents except in the course of the proceedings for the purpose of which it was obtained. (3) Any such copy shall be returned to the authority from which it was obtained within ten days of the conclusion of the proceedings for the purpose of which it was furnished, and any failure so to do shall be punishable with the punishment provided for an offence under section 16.", "name": "Copies of proceedings", "related_acts": "75", "section_id": 15 }, { "act_id": 203, "details": "15. The provisions of the Code of Criminal Procedure, 1898, and of any other law for the time being in force in so far as they may be applicable and in so far as they are not inconsistent with the provisions of this Ordinance, shall apply to all matters connected with, arising from, or consequent upon, a trial under this Ordinance.", "name": "Application of ordinary law", "related_acts": "75", "section_id": 16 }, { "act_id": 203, "details": "16. Any person who, without the previous authorisation of the Government, discloses or publishes any information with respect to any proceedings or with respect to any person proceeded against under this Ordinance, shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.", "name": "Disclosure of information relating to proceedings under this Ordinance", "related_acts": "", "section_id": 17 }, { "act_id": 203, "details": "17. The Government 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": 18 } ], "text": "An Ordinance to provide for the trial and punishment of enemy agents and persons committing certain offences with intent to aid the enemy.1♣ WHEREAS an emergency has arisen which makes it necessary to provide for the trial and punishment of enemy agents and persons committing certain offences with intent to aid the enemy; 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": 204, "lower_text": [ "1 Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Central Government” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Standard Time (Interpretation of References) Ordinance, 1943", "num_of_sections": 2, "published_date": "20th January, 1943", "related_act": [ 204, 430 ], "repelled": false, "sections": [ { "act_id": 204, "details": "1. (1) This Ordinance may be called the Standard Time (Interpretation of References) Ordinance, 1943. (2) It shall come into force at once.", "name": "Short title and commencement", "related_acts": "204", "section_id": 1 }, { "act_id": 204, "details": "2. While any order of the Government is in force fixing Standard Time by reference to Greenwich Mean Time as being in advance of Greenwich Mean Time by an interval other than five and one half hours, any reference in any enactment in force in Bangladesh to Standard Time shall, notwithstanding that such reference may define Standard Time as being five and one half hours in advance of Greenwich Mean Time, be interpreted as a reference to Standard Time as fixed for the time being by the order of the Government.", "name": "Interpretation of references to Standard Time", "related_acts": "", "section_id": 2 } ], "text": "An Ordinance to provide for the interpretation in enactments in force in Bangladesh of references to Standard Time.1♣ WHEREAS an emergency has arisen which makes it necessary to provide for the interpretation in enactments in force in Bangladesh of references to Standard Time; 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": 205, "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)" ], "name": "The Military Stores (Unlawful Possession) Ordinance, 1943", "num_of_sections": 3, "published_date": "11th October, 1943", "related_act": [ 205, 430 ], "repelled": false, "sections": [ { "act_id": 205, "details": "1. (1) This Ordinance may be called the Military Stores (Unlawful Possession) Ordinance, 1943. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "205", "section_id": 1 }, { "act_id": 205, "details": "2. In this Ordinance “military stores” includes any article intended for use in the equipment of or for supply to the naval, military or air forces of Bangladesh or of any foreign Power allied with Bangladesh.", "name": "Definition", "related_acts": "", "section_id": 2 }, { "act_id": 205, "details": "3. Whoever is found or is proved to have been in possession of any article of military stores shall, if the Court sees reasonable grounds for believing such article to be or to have been the property of Government or of a foreign Power allied with Bangladesh, as the case may be, unless he proves that the article came into his possession lawfully, be punishable with imprisonment for a term which may extend to five years or with fine or with both.", "name": "Unlawful possession of military stores", "related_acts": "", "section_id": 3 } ], "text": "An Ordinance to make special provision for the punishment of the offence of unlawful possession of military stores.1♣ WHEREAS an emergency has arisen which renders it necessary to make special provision for the punishment of the offence of unlawful possession of military stores; 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": 206, "lower_text": [ "1 Throughout this Act, the words “Government” and “Taka” were substituted for the words “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 Throughout this Act, the word “Bangladesh” was substituted for the word “Pakistan” by Article 3 of the Finance Order, 1972 (President’s Order No. 77 of 1972).", "3 The word “Central” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "4 The word “Central” was 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 “Central” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "6 The words, figures, comma and brackets “except the areas of Export Processing Zones declared under section 10 of the Bangladesh Export Processing Zones Authority Act, 1980 (XXXVI of 1980)” were inserted by section 5 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986)", "7 Section 2 was substituted by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "8 Clause (aa) was inserted by section 2 (a) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন) (With effect from 1st July 2020).", "9 Clause (ll) was inserted by section 2 (b) of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন) (With effect from 1st July 2020).", "10 Sub-clauses (ii) and (iii) were substituted by section 5 of the Finance Act, 1981 (Act No. XI of 1981)", "11 The word “Commissioner” was substituted for the word “Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "12 The Explanation was added by section 6 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)", "13 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "14 The original sub-section (4) was substiutted as sub-sections (4), (5), (6) and (7) by section 4 of the Finance Act, 1966 (Act No. XI of 1966)", "15 Sub-section (4) was substituted by section 9 of the Finance Ordinance, 1977 (Ordinance No. XXIII of 1977)", "16 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "17 Sub-section (5) was substituted by section 9 of the Finance Ordinance, 1977 (Ordinance No. XXIII of 1977)", "18 Sub-section(6) was substituted by section 3 of the Finance (1971-72) Order, 1972 (President’s Order No. 52 of 1972)", "19 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "20 Section 3B was inserted by section 5 of the Finance Act, 1968 (Act No. XI of 1968)", "21 Section 3C was inserted by section 5 of the Finance Ordinance, 1984 (Ordinance No. XLII of 1984)", "22 Section 3A was added by section 4 of the Finance Act , 1964 (Act No. V of 1964)and sub-section (1) was ubstituted by section 3 of the Finance Ordinance, 1970(Ordinance No. XI of 1970)", "23 The figure “100” was substituted for the figure “40” by section 4 of the Finance Ordinance, 1976 (Ordinance No. XLV of 1976)", "24 The figure “30” was substituted for the figure “10” by section 4 of the Finance Ordinance, 1976 (Ordinance No. XLV of 1976)", "25 The figure “25” was substituted for the figure “10” by section 4 of the Finance Ordinance, 1976 (Ordinance No. XLV of 1976)", "26 The figure “25” was substituted for the figure “10” by section 4 of the Finance Ordinance, 1976 (Ordinance No. XLV of 1976)", "27 The figure “50” was substituted for the figure “20” by section 4 of the Finance Ordinance, 1976 (Ordinance No. XLV of 1976)", "28 The figure “35” was substituted for the figure “20” by section 4 of the Finance Ordinance, 1976 (Ordinance No. XLV of 1976)", "29 The figure “35” was substituted for the figure “20” by section 4 of the Finance Ordinance, 1976 (Ordinance No. XLV of 1976)", "30 The colon (:) was substituted for the full stop (.) at the end of sub-section (1) and thereafter the proviso was inserted by section 3 of the Finance Ordinance, 1985 (Ordinance No. XXXII of 1985)", "31 Section 3AA was substituted by section 3 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন) (With effect from 1st July 2020).", "32 Clause (b) was substituted by section 6 of the Finance Ordinance, 1978 (Ordinance No. XXI of 1978 )", "33 The words and comma “inclusive of the duty,” were omitted by section 5 of the Finance Ordinance, 1982 (Ordinance No. XVI of 1982)", "34 Sub-section (4) was inserted by section 5 of the Finance Act, 1979 (Act No. V of 1979.)", "35 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "36 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "37 Section 9, 9A, 9B, 9C and 9D were substituted for the previous section 9, by section 6 of the Finance Ordinance, 1978 (Ordinance No. XXI of 1978)", "38 The words “five lac or two times” were substituted for the words “five thousand or ten times” by section 4 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন) (With effect from 1st July 2020).", "39 Section 11 was substituted by section 5 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন) (With effect from 1st July 2020).", "40 The word “Central” was omitted by section 3 of the Excises and Salt (Amendment) Ordinance, 1978 (Ordinance No. XII of 1978)", "41 The words, comma and fiure “Customs Act, 1969 (IV of 1969), hereinafter referred to as the Customs Act” were substituted for the words, comma and fiure “Customs Act, 1969 (IV of 1969)” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "42 The words, figure and letter “or section 3 A” were inserted by section 9 of the Finance Ordinance, 1977 (Ordinance No. XXIII of 1977)", "43 Section 12A was added by the Tax Laws (Amendment) Ordinance, 1962 (Ordinance XXXI of 1962)", "44 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "45 The words “or services” were inserted by section 5 of the Finance Act, 1980 (Act No. XXIII of 1980)", "46 The Heading of Chapter III was substituted by section 5 of the Finance Act, 1980 (Act No. XXIII of 1980).", "47 Sections 13, 13A, 13B, 13C and 13D were substituted for the previous section 13, by section 5 of the Finance Act, 1980 (Act No. XXIII of 1980)", "48 The word “Commissioner” was substituted for the word “Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "49 The word “Commissioner” was substituted for the word “Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "50 The words “Additional Commissioner” were substituted for the words “Additional Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "51 The words “Joint Commissioner” were substituted for the words “Joint Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "52 The words “Deputy Commissioner” were substituted for the words “Deputy Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "53 The words “Assistant Commissioner” were substituted for the words “Assistant Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "54 The words “Revenue Officer” were substituted for the words “Superintendent” by section 6 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন) (With effect from 1st July 2020).", "55 The words “Additional Commissioner” were substituted for the words “Additional Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "56 The words “Joint Commissioner” were substituted for the words “Joint Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "57 The word “Commissioner” was substituted for the word “Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "58 The words “Deputy Commissioner” were substituted for the words “Deputy Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "59 The words “Additional Commissioner” were substituted for the words “Additional Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "60 The words “Joint Commissioner” were substituted for the words “Joint Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "61 The words “Assistant Commissioner” were substituted for the words “Assistant Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "62 The words “Deputy Commissioner” were substituted for the words “Deputy Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "63 The words “Joint Commissioner” were substituted for the words “Joint Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "64 The words “Assistant Commissioner” were substituted for the words “Assistant Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "65 The words “Excise Officer” were substituted for the words “National Excise Officer” by section 4 of the Finance Act (Act No. III of 1975)", "66 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "67 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)", "68 The words “Excise Officer” were substituted for the words “National Excise Officer” by section 4 of the Finance Act (Act No. III of 1975)", "69 The words and commas “Police, Customs, Commerce, Industry and Food” were substituted for the words and commas “Police and Customs” by section 5 of the Finance Act, 1980 (Act No. XXIII of 1980)", "70 The words “Excise Officer” were substituted for the words “National Excise Officer” by section 4 of the Finance Act (Act No. III of 1975)", "71 The word “Excise” was substituted for the words “Central Excise” by section 5 the Excises and Salt (Amendment) Ordinance, 1978 (Ordinance No. XII of 1978)", "72 The words “Excise Officer” were substituted for the words “National Excise Officer” by section 4 of the Finance Act (Act No. III of 1975)", "73 The words “Excise Officer” were substituted for the words “National Excise Officer” by section 4 of the Finance Act (Act No. III of 1975)", "74 The words “Excise Officer” were substituted for the words “National Excise Officer” by section 4 of the Finance Act (Act No. III of 1975)", "75 The words “Excise Officer” were substituted for the words “National Excise Officer” by section 4 of the Finance Act (Act No. III of 1975)", "76 The words “Excise Officer” were substituted for the words “National Excise Officer” by section 4 of the Finance Act (Act No. III of 1975)", "77 The words “Excise Officer” were substituted for the words “National Excise Officer” by section 4 of the Finance Act (Act No. III of 1975)", "78 The words “Excise Officer” were substituted for the words “National Excise Officer” by section 4 of the Finance Act (Act No. III of 1975)", "79 The words “Excise Officer” were substituted for the words “National Excise Officer” by section 4 of the Finance Act (Act No. III of 1975)", "80 The words “Excise Officer” were substituted for the words “National Excise Officer” by section 4 of the Finance Act (Act No. III of 1975)", "81 The words “Excise Officer” were substituted for the words “National Excise Officer” by section 4 of the Finance Act (Act No. III of 1975)", "82 The word “Excise” were substituted for the words “Central Excise” by section 7 of the Excises and Salt (Amendment) Ordinance, 1978 (Ordinance No. XII of 1978)", "83 The words “Excise Officer” were substituted for the words “National Excise Officer” by section 4 of the Finance Act (Act No. III of 1975)", "84 The words “Excise Officer” were substituted for the words “National Excise Officer” by section 4 of the Finance Act (Act No. III of 1975)", "85 The words “Collector of Excise” were substituted for the words “Collector of Central Excise” by section 4 of the Finance Act (Act No. III of 1975)", "86 The word “Commissioner” was substituted for the word “Collector ” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "87 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "88 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "89 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "90 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "91 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "92 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "93 The word “case” was substituted for the words “confiscation and penalty” by section 3 of the Finance (1971-72) Order, 1972 (President’s Order No. 52 of 1972).", "94 The words “in case” were inserted by section 3 of the Finance (1971-72) Order, 1972 (President’s Order No. 52 of 1972)", "95 The word “case” was substituted for the words “confiscation and penalty” by section 3 of the Finance (1971-72) Order, 1972 (President’s Order No. 52 of 1972)", "96 The words “Collector of Excise” were substituted for the words “Collector of Central Excise” by section 4 of the Finance Act (Act No. III of 1975)", "97 The word “Commissioner” was substituted for the word “Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "98 Clause (b) was substituted by section 5 of the Finance Act, 1980 (Act No. XXIII of 1980)", "99 The words “Additional Commissioner” were substituted for the words “Additional Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "100 The words “Joint Commissioner” were substituted for the words “Joint Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "101 The words “Deputy Commissioner” were substituted for the words “Deputy Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "102 The words “Assistant Commissioner” were substituted for the words “Assistant Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "103 The word “may” was substituted for the word “shall” by section 6 of the Finance Ordinance, 1978 (Ordinance No. XXI of 1978)", "104 Section 34A was inserted by section 5 of the Finance Act, 1968 (Act No. XI of 1968)", "105 Sub-section (1) and sub-section (1A) were substituted for the former sub-section (1) by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "106 Sub-section (1A) was renumbered as (1B) by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "107 The words “services or of” were inserted by section 5 of the Finance Ordinance , 1986 (Ordinance No. XLV of 1986)", "108 The word “Excise” were substituted for the words “Central Excise” by section 8 the Excises and Salt (Amendment) Ordinance, 1978 (Ordinance No. XII of 1978)", "109 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "110 Sub-sections (3) and (4) were inserted by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "111 Section 35A was inserted by section 4 of the Finance Act, 1966 (Act No. XI of 1966)", "112 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "113 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "114 Section 35B was inserted by section 9 of the Finance Ordinace, 1978 (Ordinance No. XXI of 1978)", "115 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "116 Section 36C was inserted by section 2 of the Finance Act,1996 (Act No. XVIII of 1996)", "117 The words “or 35B” were inserted by section 9 of the Finance Ordinace, 1978 (Ordinance No. XXI of 1978)", "118 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 9 of the Finance Ordinance, 1977 (Ordinance No. XXIII of 1977)", "119 Section 36A was inserted by section 9 of the Finance Ordinance, 1977 (Ordinance No. XXIII of 1977)", "120 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "121 The word “Commissioner” was substituted for the word “Collector ” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "122 The word “Commissioner” was substituted for the word “Collector ” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "123 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "124 Section 36B was inserted by section 9 of the Finance Ordinance, 1977 (Ordinance No. XXIII of 1977)", "125 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "126 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "127 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "128 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "129 The words “the bringing of excisable goods into Pakistan from the territory of any specified Ruler or Chief in Pakistan, or” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "130 Clause (iva) was inserted by section 9 of the Finance Ordinance, 1977 (Ordinance No. XXIII of 1977)", "131 Clause (ixa) was inserted by section 5 of the Finance Act, 1980 (Act No. XXIII of 1980)", "132 Clauses (xia) and (xib) were inserted by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "133 Clause (xic) was inserted by section 5 of the Finance Ordinance, 1982 (Ordinance No. XVI of 1982)", "134 Clause (xvii) was omitted by section 2 and the Schedule of the Tax Laws (Amendment) Ordinance, 1962 (XXXI of 1962)", "135 The word “Commissioner” was substituted for the word “Collector” by section 4 of the Finance Act, 1995 (Act No. XII of 1995)", "136 The word “Board” was substituted for the words “National Board of Revenue” by section 5 of the Finance Act, 1979 (Act No. V of 1979)", "137 The words “ten thousand taka” were substituted for the words “two thousand taka” by section 5 of the Finance Ordinance, 1984 (Ordinance No. XLII of 1984)", "138 The full-stop (.) was substituted for the colon (:) and the proviso was omitted by section 3 of the Finance (1971-72) Order, 1972 (President’s Order No. 52 of 1972)" ], "name": "The Excises and Salt Act, 1944", "num_of_sections": 59, "published_date": "24th February, 1944", "related_act": [ 522, 402, 403, 1303, 546, 675, 430, 687, 570, 699, 584, 75, 206, 604, 608, 354, 98, 617, 626 ], "repelled": false, "sections": [ { "act_id": 206, "details": "1. (1) This Act may be called the 5* * * Excises and Salt Act, 1944. (2) It extends to the whole of Bangladesh 6except the areas of Export Processing Zones declared under section 10 of the Bangladesh Export Processing Zones Authority Act, 1980 (XXXVI of 1980). (3) It 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": "206,608", "section_id": 1 }, { "act_id": 206, "details": "72. In this Act, unless there is anything repugnant in the subject or context,- (a) “admission” includes admission as a spectator or as one of an audience, and admission for the purpose of amusement by taking part in an entertainment; 8(aa) “associate”  means  such  a  relation  between  two or more persons as would make one act or reasonably expected to act in accordance with the intention of the other or make both acts or reasonably expected to act in accordance with the intention of a third person, and it also includes the following persons, namely— (a) a partner of a partnership; (b) a shareholder of a company; (c) a Trust and a beneficiary of such Trust; or (d) a joint venture for property development and the landowner as a partner of that joint venture, builder, or other related person, but does not include the persons with employment relations; (b) “Board” means the National Board of Revenue constituted under the National Board of Revenue Order, 1972 (P.O. No. 76 of 1972); (c) “broker” or “commission agent” means a person who, in the ordinary course of business, makes contracts for the sale or purchase of excisable goods for others; (d) “charge for admission” includes any payment made by a person who having been admitted to one part of a place of entertainment is subsequently admitted to another part thereof, for admission to which a payment involving a duty or a higher rate of duty is required, and any payment for seats or other accommodation in a place of entertainment; (e) “curing” includes wilting, drying, fermenting and any process for rendering an unmanufactured product fit for marketing or manufacture; (f) “distributor” means a person appointed by a manufacturer in or for a specified area to purchase excisable goods from him for sale to a wholesale dealer in that area; (g) “enterprise” includes a company, firm, establishment, institution, club or any other association of persons by whatever name called; (h) “entertainment” includes any cinema show, theatrical performance, musical performance, amusement, exhibition, show or performance in any other manner or by whatever name called, games and sports to which persons are admitted on payment;  (i) “Excise Officer” means any officer of the Excise Department or any person invested by the Board with any of the powers of an Excise Officer under this Act or the rules made thereunder; (j) “excisable goods” means goods specified in Part I of the First Schedule as being subject to a duty of excise and includes salt; (k) “excisable services” means services, facilities, utilities and entertainments specified in Part II of the First Schedule as being subject to a duty of excise; (l) “factory” means any premises, including the precincts thereof, wherein or in any part of which excisable goods other that salt are manufactured, or wherein or in any part of which any manufacturing process connected with the production of these goods is being carried on or is ordinarily carried on; 9(ll) “government entity” means— (a) a government or any of its ministries, divisions, or attached departments; (b) a semi-government entity or an autonomous body; (c) a state-owned enterprise; or (d) a local authority, council, or a similar organization; (m) “manufacture” includes any process incidental or ancillary to the completion of a manufactured product and any process of remanufacture, re-making, re-conditioning or repair and the process of packing or re-packing such product; and (i) in relation to tobacco, includes the preparation of cigarettes, cigars, cheroots, biris, cigarette or pipe or hookah tobacco, chewing tobacco or snuff; and 10(ii) in relation to salt, includes collection, removal, preparation, steeping, evaporation, boiling, or any one or more of these processes, the separation or purification of salt obtained in the manufacture of saltpetre, the separation of salt from earth or other substance so as to produce elementary salt and the excavation or removal of natural saline deposits or efflorescence: (iii) in relation to steel furniture, fittings and fixtures, footwear, all sorts and wooden furniture, all sorts, includes labelling, re-labelling, printing or marking the name of the shop or establishment or the trade mark of the goods or the container thereof, or printing or labelling of prices or adoption of any other process to render the product marketable to consumers;  and the word “manufacturer” shall be construed accordingly and shall include not only a person who employs hired labour in the production or manufacture of excisable goods, but also any person who engages in their production or manufacture on his own account if those goods are intended for sale and, in respect of gold and silver and products thereof, steel furniture, fittings and fixtures, footwear, all sorts and wooden furniture, all sorts, also any person dealing in such excisable goods who, whether or not he carries out any process of manufacture himself or through his employees or relatives, gets either directly or indirectly, any process of manufacture carried out on his behalf by any person who is not in his employee and any person so dealing in such goods in any capacity whatever shall be deemed to have manufactured such goods for all purposes of this Act; (n) “prescribed” means prescribed by rules made under this Act; (o) “sale” and “purchase”, with their grammatical variations and cognate expressions, mean any transfer of the possession of goods by one person to another in the ordinary course of trade or business for cash or deferred payment or other consideration; (p) “saltpetre” includes rasi, sajji, and all other substances manufactured from saline earth, and kharinun and every form of sulphate or carbonate of soda; (q) “salt factory” includes- (i) a place used or intended to be used in the manufacture of salt and all embankments, reservoirs, condensing and evaporating pans, buildings and waste places situated within the limits of such place as defined from time to time by 11Commissioner of Excise; (ii) all drying grounds and storage platforms and store-houses appertaining to any such place;  (iii) land on which salt is spontaneously produced; and a “private salt factory” is one not solely owned or not solely worked by the Government; (r) “wholesale dealer” means a person who buys or sells excisable goods wholesale for the purpose of trade or manufacture, and includes a broker or commission agent who, in addition to making contracts for the sale or purchase of excisable goods for others, stocks such goods belonging to others as an agent for the purpose of sale.", "name": "Definitions", "related_acts": "402", "section_id": 2 }, { "act_id": 206, "details": "3. (1) There shall be levied and collected in such manner as may be prescribed duties of excise on all excisable goods, produced or manufactured, and on all excisable services provided or rendered, in Bangladesh, as, and at the rates, set forth in the First Schedule. 12Explanation.- For the purpose of levy and collection of duties under this section, classification and description of excisable goods shall be as per First Schedule of the Customs Act, 1969 (IV of 1969). (2) The 13Board may, by notification in the official Gazette fix, for the purpose of levying the said duties, tariff values of any articles enumerated, either specifically or under general headings, in the First Schedule as chargeable with duty ad valorem and may alter any tariff values for the time being in force. (3) Different tariff values may be fixed for different classes or descriptions of the same article. 14 15(4) With the prior approval of the Government, the 16Board may, in lieu of levying and collecting under subsection (1) duties of excise on excisable goods and services, by notification in the official Gazette, levy and collect duties on the capacity of plants, machinery, undertakings, establishments, installations or premises producing or manufacturing such goods, or providing or rendering such services; and such notifications shall specify- (a)\tthe guiding principles for the determination of capacity, (b)\tthe capacity, as determined in accordance with such guiding principles of the plants, machinery, undertakings, establishments, installations or premises affected by it, (c)\tthe duty or the rate of duty on such capacity as determined, and (d)\tthe manner of collection of such duty. 17(5) The capacity of any plant or machinery or part thereof or establishments or premises producing or manufacturing excisable goods, or providing or rendering excisable services, specified in a notification under sub-section (4) shall, upon an application made to the Government within thirty days of the notification by any aggrieved person, be reviewed by a Standing Tribunal constituted under sub-section (6) to which the application shall be referred; and the decision of the Standing Tribunal confirming, reducing or increasing the capacity shall be final. 18(6) The Government shall, for the purpose of sub-section (5), constitute a Standing Tribunal consisting of not less than two persons each of whom may be either an officer not below the rank of a Joint Secretary to the said Government or a person who held such rank at the time of his retirement from service. (7)\tThe 19Board may, by notification in the official Gazette, at any time, cancel a notification under sub-section (4); and where a notification is so cancelled or, for any reason whatsoever, cannot be given effect to, the duty under sub-section (1), in lieu whereof the duty under sub-section (4) was levied by such notification, shall be levied and, with necessary adjustment, collected for the financial year during which such notification is cancelled or for the period for which it cannot be given effect to. Explanation.- For the purposes of this sub-section, an order of a Court suspending or staying the collection of the whole or any part of the duty under sub-section (4) shall be deemed to be a reason for which a notification under sub-section (4) cannot be given effect to.", "name": "Duties specified in the First Schedule to be levied", "related_acts": "354", "section_id": 3 }, { "act_id": 206, "details": "203B. Goods whereof any article liable to duty under this Act forms a part or ingredient shall be chargeable with the full duty which would be payable on such goods if they were entirely composed of such article, or, if composed of more than one article liable to duty, then with the full duty which would be payable on such goods if they were entirely composed of the article on which the highest amount of duty would be payable.", "name": "Goods particularly composed of dutiable articles", "related_acts": "", "section_id": 4 }, { "act_id": 206, "details": "213C. When for any reason, goods are, prima facie, classifiable under two or more headings of the First Schedule, the heading which provides the most specific description shall be preferred to headings providing a more general description.", "name": "Principle for determination of tariff classification", "related_acts": "", "section_id": 5 }, { "act_id": 206, "details": "223A. (1) The Government may, by notification in the official Gazette, levy, subject to such conditions, limitations and restrictions as it may deem fit to impose, a regulatory duty- (a) \ton any excisable goods or excisable services, in addition to the duty leviable under section 3, at a rate not exceeding 23100 per cent of the rate of duty leviable thereon under the said section, or, in the case of excisable goods, at a rate not exceeding 2430 per cent ad valorem or 2525 per cent of the retail price and, in the case of excisable services, 2625 per cent of the charges for such services; and (b)\ton any other goods or services, at a rate, in the case of goods, not exceeding 2750 per cent ad valorem or 2835 per cent. of the retail price and, in the case of services, not exceeding 2935 per cent of the charges for the services 30: Provided that, if the assessed amount has a fraction of less than five poisha, the assessment shall be rounded off to the next higher five poisha. (2) Any notification issued under sub section (1) shall, if not earlier rescinded, stand rescinded on the expiry of the financial year during which it was issued.", "name": "Regulatory duty of Excise", "related_acts": "", "section_id": 6 }, { "act_id": 206, "details": "313AA. (1) The Commissioner of Excise may, after giving a person an opportunity of being heard, determine the amount of duty of excise payable by such person, if the Commissioner reasonably believes that the person has made false or untrue statement in respect of payable duty of excises or if such person fails to pay the payable duty within the prescribed time.  (2) In the cases specified in sub-section (1), the Commissioner of Excise shall, within 45 (forty five) working days from the date of hearing, serve a notice of the determination of duty upon such person, which shall, along with other necessary particulars, contain the following matters, namely— (a) the reason for such determination, the amount of duty payable as a result of such determination and a description of the basis on or before such amount of duty is determined; (b) the date by which such duty shall be payable, but such date shall be at least 15 (fifteen) working days after the date on which the notice is served; and (c) the time and place of filing appeal against such determination of duty.  (3) The Commissioner of Excise shall not make a determination of duty for a duty period at the expiry of 5 (five) years after such tax period, unless a person wil fully neglects or commits a fraud in order to evade payment of duty, conceals or distorts any information, and any other offences under Value Added Tax and Supplementary Duty Act, 2012 (Act No. 47 of 2012).  (4) If a person fails to pay a payable duty on or before the due date of payment, he shall be liable to pay an interest at a simple rate of 2% (two percent) per month on the amount of payable duty, from the next day, after the date such payment becomes due until the date the payment is made. (5) Nothing in this section shall prevent a Commissioner of Excise from imposing a fine mentioned in section 9.", "name": "Determination of duty", "related_acts": "", "section_id": 7 }, { "act_id": 206, "details": "4. (1) Where under this Act any article is chargeable with duty at a rate dependent on the value of the article, such value shall be deemed to be the wholesale cash price for which an article of the like kind and quality is sold or is capable of being sold to the general body of retail traders or, if there is no general boy of retail traders, the general body of consumers on the day on which the article which is being assessed to duty is removed from the factory or warehouse, as the case may be, without any abatement or deduction whatever except the amounts of duty and sales tax then payable. (2) Where under this Act any article is chargeable with duty at a rate dependent on the retail price of the article, the retail price shall be the price fixed by the manufacturer, inclusive of all charges and taxes, at which any particular brand or variety of such article should be sold to the general body of consumers or, if more than one such price is so fixed for the same brand or variety, the highest such price. (3) Where under this Act any services, facilities and utilities are subject to duty at a rate dependent on the charges therefore and- (a) any such services, facilities or utilities are, in any case, rendered or provided free of charge or at a concessional rate, the duty shall be levied and collected on the amount which would have been charged for such services, facilities and utilities had they not been rendered or provided free of charge or at a concessional rate; and 32(b) the amount with reference to which the duty shall be levied shall be the total amount charged for all services, facilities, utilities, catering, supplies and merchandise provided or rendered, 33* * * which the recipient pays or would have to pay but for any special relationship between the parties in question.  34(4) Where under this Act any entertainment is subject to a duty dependent on the charge for admission to such entertainment and- (a) the proprietor or enterprise of an entertainment admits any person to any place of entertainment as a spectator or as an audience for the purpose of amusement by taking part in it without any payment or on payment of an amount less than the amount normally charged for admission thereto, the duty shall nevertheless be levied and collected on the amount which would have been charged for such entertainment had it not been provided free of charge or at a concessional rate; and (b) the amount with reference to which the duty shall be payable shall be the amount charged for admission to an entertainment, exclusive of the duty and any other tax, which a spectator or an audience pays or would have to pay but for any special relationship between the parties in question. Explanation.- For the purpose of clause (a),- (i) “proprietor”, in relation to any entertainment, includes any person responsible for the management thereof; and (ii) in case there are different classes of seats in the entertainment, ÔÇÿplace of entertainment' means the class to which such person is admitted.", "name": "Determination of value for the purposes of duty", "related_acts": "", "section_id": 8 }, { "act_id": 206, "details": "5. Power of Government to impose Customs duty on goods mentioned in the First Schedule.- 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 }, { "act_id": 206, "details": "6. The 35Board may, by notification in the official Gazette, provide that, from such date as may be specified in the notification, no person shall, except under the authority and in accordance with the terms and conditions of a licence granted under this Act, engage in- (a)\tthe production or manufacture or any process of the production or manufacture of any specified excisable goods or of saltpetre or of any specified component parts or ingredients of such goods or of specified containers of such goods, (b)\tthe wholesale purchase or sale (whether on his own account or as a broker or commission agent) or the storage of any excisable goods specified in this behalf in Part A of the Second Schedule, or (c)\tproviding or rendering any excisable services.", "name": "Certain operations to be subject to licence", "related_acts": "", "section_id": 10 }, { "act_id": 206, "details": "7. Every licence under section 6 shall be granted for such area, if any, for such period, subject to such restrictions and conditions, and in such form and containing such particulars, as may be prescribed.", "name": "Form and conditions of licence", "related_acts": "", "section_id": 11 }, { "act_id": 206, "details": "8. From such date as may be specified in this behalf by the 36Board by notification in the official Gazette, no person shall, except as provided by rules made under this Act, have in his possession any excisable goods specified in this behalf in Part B of the Second Schedule in excess of such quantity as may be prescribed for the purposes of this section as the maximum amount of such goods or of any variety of such goods which may be possessed at any one time by such a person.", "name": "Restriction on possession of excisable goods", "related_acts": "", "section_id": 12 }, { "act_id": 206, "details": "9A.\t Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) offences under section 9 shall be deemed to be non-cognizable within the meaning of that Code.", "name": "Certain offences to be non-cognizable", "related_acts": "75", "section_id": 13 }, { "act_id": 206, "details": "379. Whoever commits any of the following offences, namely:- (a) contravenes any of the provisions of a notification issued under section 6 or section 8; (b) evades in any manner the payment of any duty payable under this Act; (c) removes any excisable goods in contravention of any provision of this Act or any rule made thereunder or in any way concerns himself with such removal;  (d) acquires possession of, or in any way concerns himself in transporting, depositing, keeping, concealing, selling or purchasing or in any other manner deals with, any excisable goods which he knows or has reason to believe are liable to confiscation under this Act or any rule made thereunder; (e) fails to supply information which is required by rules made under this Act to supply, or unless with a reasonable belief, the burden of proving which shall be upon him, that the information supplied by him is true, supplies false information; (f) attempts to commit, or abets the commission of, any of the offences mentioned in clauses (a) and (b) of this section; (g) makes or attempts to make a deduction in the duty payable under sub-section (4) of section 3 on account of removal of goods for export, or to a licensed warehouse or a licensed factory, otherwise than in accordance with the provisions of the appropriate notification under the said sub-section (4), shall, for every such offence, be punishable with imprisonment for a term which may extend to three years or with fine which may extend to Taka 38five lac or two times the amount of duty involved, if any, whichever is greater, or with both.", "name": "Offences and penalties", "related_acts": "", "section_id": 14 }, { "act_id": 206, "details": "9B.\t(1) In any prosecution for an offence under this Act or the rules presumption made thereunder which requires a culpable mental state on the part of accused, the Court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation.- In this sub-section, “culpable mental state” includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the Court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.", "name": "Presumption of culpable mental state", "related_acts": "", "section_id": 15 }, { "act_id": 206, "details": "9C.\t (1) A statement made and signed by a person before any Excise Officer not below the rank of Superintendent during the course of any inquiry or proceeding under this Act shall be relevant, for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains- (a) \twhen the person who made the statement is dead or cannot be found or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expenses which, under the circumstances of the case, the Court considers unreasonable; or (b)\twhen the person who made the statement is examined as a witness in the case before the Court and the Court is of opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interests of justice. (2) The provisions of sub-section (1) shall, so far as may be, apply in relation to any proceedings under this Act, other than a proceeding before a Court, as they apply in relation to a proceeding before a Court.", "name": "Relevancy of statements under certain circumstances", "related_acts": "", "section_id": 16 }, { "act_id": 206, "details": "9D.\t (1) Where any person is convicted under this Act for contravention of any of the provisions thereof, the Court convicting the person shall be competent to cause the name and place of business or residence of such person, nature of the contravention, the fact that the person has been so convicted and such other particulars the Court may consider to be appropriate in the circumstances of the case, to be published at the expense of such person, in such newspapers or in such other manner as the Court may direct. (2) No publication under sub-section (1) shall be made until the period for preferring an appeal against the orders of the Court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed of. (3) The expenses of any publication under sub-section (1) shall be recoverable from the convicted person as if it were a fine imposed by the Court.", "name": "Power of Court to publish name, place of business, etc., of persons convicted under the Act", "related_acts": "", "section_id": 17 }, { "act_id": 206, "details": "10. Any Court trying an offence under this Chapter may order the forfeiture to Government of any goods in respect of which the Court is satisfied that an offence under this Chapter has been committed, and may also order the forfeiture of any receptacles, packages or coverings in which such goods are contained and the animals, vehicles, vessels or other conveyances used in carrying the goods, and any implements or machinery used in the manufacture of the goods.", "name": "Power of Courts to order forfeiture", "related_acts": "", "section_id": 18 }, { "act_id": 206, "details": "3911.  (1) When under this Act or any rules made there under, a duty is payable to the Government by any person or a penalty is adjudicated against any person or a notice or demand is served upon any person calling for the payment of any amount unpaid which may be payable by way of duty, penalty or under any bond or other instrument executed under the rules and such duty, penalty or other sum is not paid within the time it was required to be paid, an Excise Officer, not below the rank of Assistant Commissioner, may at any time— (a) deduct or require any other Excise, Customs or Value Added Tax (VAT) Officer to deduct the amount so payable from any money owing to such person or due which may be in the hands or at the disposal or under the control of such Officer or of the Government; (b) require, by a notice in writing, any person owing any money to the person from whom such duty or penalty or any other sum is recoverable or due, to pay to such officer the amount specified in the notice, or the whole of such money if it is less than the amount so recoverable or due, within 7 (seven) days of the receipt of the notice or within such longer time as may be allowed by such officer; (c) recover such amount by attachment and sale of excisable goods or any plant, machinery and equipment used for the manufacture of such goods or any other goods in the factory or bonded warehouse or in any premises where any excisable services are provided or rendered; (d) stop removal of any goods belonging to such person or his associates from Customs control in the sea port, airport, land port, any other Customs-station or from such factory, bonded warehouse or premises till such amount is paid or recovered in full; (e) require any officer of Customs to recover such amount by detaining and selling any goods belonging to such person which are under the control of the Customs authorities; (f) require, by a notice in writing, any Government Entity to stop any excisable services till such amount is paid or recovered in full; (g) require, by a notice in writing, any Scheduled Bank having deposit of money of the person from whom such duty or regulatory duty or penalty or any other sum is recoverable to pay to such officer the amount specified in the notice or to freeze the account or make the account inoperative on respect of the notice. (2) If the amount is not recovered from such person in the manner provided in sub-section (1), the Excise Officer may prepare a certificate signed by him specifying the amount due from the person liable to pay the same and send it to the Deputy Collector (DC) in which such person resides or owns any property or conducts his business and the said Collector shall, on receiving such certificate, proceed to recover the amount specified in the certificate as a public demand or as if it were an arrear of land revenue. (3) The Government may appoint one or more officers to exercise the powers of a Certificate-officer under the Public Demands Recovery Act, 1913 (Bengal Act III of 1913) for the purpose of recovering the amount specified in a certificate prepared under sub-section (2), and when more than one Certificate-officers are so appointed the Government may also specify their territorial or other jurisdiction.", "name": "Recovery of Government Dues", "related_acts": "98", "section_id": 19 }, { "act_id": 206, "details": "12. The Government may, by notification in the official Gazette, declare that any of the provisions of the 41Customs Act, 1969 (IV of 1969), hereinafter referred to as the Customs Act, relating to the levy of and exemption from customs duties, draw back of duty, warehousing, offences and penalties, confiscation, and procedure relating to offences and appeals shall, with such modifications and alterations as it may consider necessary or desirable to adapt them to the circumstances, be applicable in regard to like matters in respect of the duties imposed by section 3 42or section 3A.", "name": "Application of the provisions of Act IV of 1969 to * * * excise duties", "related_acts": "354", "section_id": 20 }, { "act_id": 206, "details": "4312A. (1) The Government may from time to time, by notification in the official Gazette, exempt, subject to such conditions, if any, as may be specified therein, any goods or class of goods or any services or class of services from the whole or any part of the duty leviable under this Act. (2) The 44Board may, by special order in each case, exempt from the payment of the whole or any part of the duty leviable under this Act, under circumstances of an exceptional nature to be stated, in such order, any goods 45or services on which such duty is leviable.", "name": "Exemptions", "related_acts": "", "section_id": 21 }, { "act_id": 206, "details": "13A. An Excise Officer appointed under section 13 shall exercise such powers and discharge such duties as are conferred or imposed on him by or under this Act; and he shall also be competent to exercise all powers and discharge all duties conferred or imposed upon any officer subordinate to him: Provided that, notwithstanding anything contained in this Act or the rules, the Board may, by general of special order, impose such limitations or conditions in the exercise of such powers and discharge of such duties as it thinks fit.", "name": "Powers and duties of Excise Officers", "related_acts": "", "section_id": 22 }, { "act_id": 206, "details": "13C. The Board may, by notification in the official Gazette, entrust, either conditionally or unconditionally, any functions of any Excise Officer under this Act or the rules to any officer of the Government.", "name": "Entrustment of functions of the Excise Officers to certain other officers", "related_acts": "", "section_id": 23 }, { "act_id": 206, "details": "4713. For the purposes of the Act and the rules made thereunder, the Board may, by notification in the official Gazette, appoint, in relation to any area specified in the notification, any person to be- (a) a 48Commissioner of Excise; (b) a 49Commissioner of Excise (Appeal); (c) an 50Additional Commissioner of Excise; (d) a 51Joint Commissioner of Excise; (e) a 52Deputy Commissioner of Excise; (f) an 53Assistant Commissioner of Excise; (g) a 54Revenue Officer of Excise; (h) an Excise Officer with any other designation.", "name": "Appointment of Excise Officers", "related_acts": "", "section_id": 24 }, { "act_id": 206, "details": "13B. The Board may, by notification in the official Gazette, and subject to such limitations or conditions, if any, as may be specified therein, empower by name or designation- (a)\tany 55Additional Commissioner of Excise or any 56Joint Commissionerof Excise to exercise any of the powers of a 57Commissioner of Excise under this Act or the rules; (b)\tany 58Deputy Commissioner of Excise to exercise any of the powers of an 59Additional Commissioner of Excise or a 60Joint Commissioner of Excise under this Act or the rules; (c)\tany 61Assistant Commissioner of Excise to exercise any of the powers of a 62Deputy Commissioner of Excise or a 63Joint Commissioner of Excise under this Act or the rules; (d) \tany other Excise Officer to exercise any of the powers of an 64Assistant Commissioner of Excise under this Act or the rules.", "name": "Delegation of powers", "related_acts": "", "section_id": 25 }, { "act_id": 206, "details": "13D. (1) Any Excise Officer duly empowered by the Board in this behalf may arrest any person whom he has reason to believe to be liable to punishment under this Act. (2) Any person accused or reasonably suspected of committing an offence under this Act or any rules made thereunder, who on demand of any officer duly empowered by the Board in this behalf refuses to give his name and residence, or who gives a name or residence, which such Officer has reason to believe to be false, may be arrested by such officer in order that his name and residence may be ascertained.", "name": "Power to arrest", "related_acts": "", "section_id": 26 }, { "act_id": 206, "details": "14. (1) Any 65Excise Officer duly empowered by the 66Board in this behalf shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry which such officer is making for any of the purposes of this Act. A summons to produce documents or other things may be for the production of certain specified documents or things or for the production of all documents or things of a certain description in the possession or under the control of the person summoned. (2) All persons so summoned shall be bound to attend, either in person or by an authorised agent, as such officer may direct; and all persons so summoned shall be bound to state the truth upon any subject respecting which they are examined or make statements and to produce such documents and other things as may be required: Provided that the exemptions under sections 132 and 133 of the Code of Civil Procedure, shall be applicable to requisitions for attendance under this section. (3) Every such inquiry as aforesaid shall be deemed to be a “judicial proceeding” within the meaning of section 193 and section 228 of the 67Penal Code.", "name": "Power to summon persons to give evidence and produce documents in inquiries under this Act", "related_acts": "", "section_id": 27 }, { "act_id": 206, "details": "15. All officers of 69Police, Customs, Commerce, Industry and Food and all officers of Government engaged in the collection of land revenue, and all village officers are hereby empowered and required to assist the 70Excise Officers in the execution of this Act.", "name": "Officers required to assist Excise Officers", "related_acts": "", "section_id": 28 }, { "act_id": 206, "details": "16. Every owner or occupier of land, the agent of any such owner or occupier, in charge of the management of that land, if contraband excisable goods are manufactured thereon, shall in the absence of reasonable excuse be bound to give notice of such manufacture to a Magistrate, or to an officer of the 71Excise, Customs, Police, or Land Revenue Department, immediately the fact comes to his knowledge.", "name": "Owners or occupiers of land to report manufacture of contraband excisable goods", "related_acts": "", "section_id": 29 }, { "act_id": 206, "details": "17. Any owner or occupier of land or any agent of such owner or occupier in charge of the management of that land, who wilfully connives at any offence against the provisions of this Act or of any rules made thereunder shall for every such offence be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred Taka, or with both.", "name": "Punishment for connivance at offences", "related_acts": "", "section_id": 30 }, { "act_id": 206, "details": "18. All searches made under this Act or any rules made thereunder and all arrests made under this Act shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1898, relating respectively to searches and arrests made under that Code.", "name": "Searches and arrests how to be made", "related_acts": "75", "section_id": 31 }, { "act_id": 206, "details": "19. Every person arrested under this Act shall be forwarded without delay to the nearest 72Excise Officer empowered to send persons so arrested to a Magistrate, or, if there is no such 73Excise Officer within a reasonable distance, to the officer in charge of the nearest police-station.", "name": "Disposal of persons arrested", "related_acts": "", "section_id": 32 }, { "act_id": 206, "details": "20. The officer in charge of a police station to whom any person is forwarded under section 19 shall either admit him to bail to appear before the Magistrate having jurisdiction, or in default of bail forward him in custody to such Magistrate.", "name": "Procedure to be followed by officer in charge of police-station", "related_acts": "", "section_id": 33 }, { "act_id": 206, "details": "21. (1) When any person is forwarded under section 19 to a 75Excise Officer empowered to send persons so arrested to a Magistrate, the 76Excise Officer shall proceed to inquire into the charge against him.  (2) For this purpose the 77Excise Officer may exercise the same powers and shall be subject to the same provisions as the officer in charge of a police station may exercise and is subject to under the Code of Criminal Procedure, 1898, when investigating a cognizable case:  Provided that- (a) if the 78Excise Officer is of opinion that there is sufficient evidence or reasonable ground of suspicion against the accused person, he shall either admit him to bail to appear before a Magistrate having jurisdiction in the case, or forward him in custody to such Magistrate; (b) if it appears to the 79Excise Officer that there is not sufficient evidence or reasonable ground of suspicion against the accused person, he shall release the accused person on his executing a bond, with or without sureties as the 80Excise Officer may direct, to appear, if and when so required before the Magistrate having jurisdiction, and shall make a full report of all the particulars of the case to his official superior.", "name": "Inquiry how to be made by Excise Officers against arrested persons", "related_acts": "75", "section_id": 34 }, { "act_id": 206, "details": "22. Any 82Excise or other officer exercising powers under this Act or under the rules made thereunder who (a)\twithout reasonable ground of suspicion searches or causes to be searched any house, boat or place; (b)\tvexatiously and unnecessarily detains, searches or arrests any person; (c)\tvexatiously and unnecessarily seizes the movable property of any person, on pretence of seizing or searching for any article liable to confiscation under this Act; (d)\tcommits, as such officer, any other act to the injury of any person, without having reason to believe that such act is required for the execution of his duty; shall, for every such offence, be punishable with fine which may extend to two thousand Taka. Any person wilfully and maliciously giving false information and so causing an arrest or a search to be made under this Act shall be punishable with fine which may extend to two thousand Taka or with imprisonment for a term which extend to two years or with both.", "name": "Vexatious search, seizure, etc., by Excise Officer", "related_acts": "", "section_id": 35 }, { "act_id": 206, "details": "23. Any 84Excise Officer who ceases or refuses to perform or withdraws himself from the duties of his office, unless he has obtained the express written permission of the 85 86Commissioner of Excise, or has given to his superior officer two months' notice in writing of his intention or has other lawful excuse, shall on conviction before a Magistrate be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to three months' pay, or with both.", "name": "Failure of Excise Officer in duty", "related_acts": "", "section_id": 36 }, { "act_id": 206, "details": "24. When any excisable goods are carried by sea in any vessel other than a vessel of the burden of three hundred tons and upwards, the owner and master of such vessel shall each 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": "Penalties for carrying excisable goods in certain vessels", "related_acts": "", "section_id": 37 }, { "act_id": 206, "details": "25. Nothing in section 24 applies to- (a) \tany excisable goods covered by a permit granted under rules made under this Act; (b) \tany excisable goods covered by a pass granted by any officer whom the 87Board may appoint in this behalf; (c) \tsuch amount of excisable goods carried on board any vessel for consumption by her crew or by the passengers or animals (if any) on board as the 88Board may from time to time exempt from the operation of section 24.", "name": "Exceptions", "related_acts": "", "section_id": 38 }, { "act_id": 206, "details": "26. When any officer empowered by the 89Board, to act under this section has reason to believe, from personal knowledge or from information taken down in writing, that any excisable goods are being carried, or have within the previous twenty four hours been carried, in any vessel so as to render the owner or master of such vessel liable to the penalties imposed by section 24, he may require such vessel to be brought to and thereupon may- (a)\tenter and search the vessel; (b)\trequire the master of the vessel to produce any documents in his possession relating to the vessel or the cargo thereof; (c)\tseize the vessel if the officer has reason to believe it liable to confiscation under this Act, and cause it to be brought with its crew and cargo into any port in Bangladesh; and (d)\twhere any excisable goods are found on board the vessel, search and arrest without a warrant any person on board the vessel whom he has reason to believe to be punishable under section 24.", "name": "Power of stoppage, search and arrest", "related_acts": "", "section_id": 39 }, { "act_id": 206, "details": "27. Any master of a vessel refusing or neglecting to bring to the vessel or to produce his papers when required to do so by an officer acting under section 26, and any person obstructing any such officer in the performance of his duty, may be arrested by such officer without a warrant, and 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": "Penalties for resisting officer", "related_acts": "", "section_id": 40 }, { "act_id": 206, "details": "28. (1) Every vessel (including all appurtenances) in which any excisable goods are carried so as to render the owner or master of such vessel liable to penalties imposed by section 24, the cargo on board such vessel and the excisable goods in respect of which an offence under this Act has been committed shall be liable to confiscation on the orders of the officer empowered in this behalf by the 90Board. (2) Whenever any Customs officer is satisfied that any article is liable to confiscation under this section he may seize such article, and shall at once report the seizure to his superior officer for the information of the officer empowered to order confiscation under sub section (1) and such officer may, if satisfied on such report or after making such inquiry as he thinks fit, that the article so seized is liable to confiscation, either declare it to be confiscated, or impose a fine in lieu thereof not exceeding the value of the article.", "name": "Confiscation of vessel and cargo", "related_acts": "", "section_id": 41 }, { "act_id": 206, "details": "29. Any offence punishable under section 24 or section 27 may be deemed to have been committed within the limits of the jurisdiction of the Magistrate of any place where the offender is found, or to which, if arrested under section 26 or section 27, he may be brought.", "name": "Jurisdiction", "related_acts": "", "section_id": 42 }, { "act_id": 206, "details": "30. The 91Board may, by notification in the official Gazette, exempt the carriage of excisable goods within any local limits or in any class of vessels from the operation of this Chapter, and, by like notification, again subject such carriage to the operation of this Chapter.", "name": "Power to exempt from operation of this Chapter", "related_acts": "", "section_id": 43 }, { "act_id": 206, "details": "31. The proprietor of a private salt factory who has by virtue of a sanad granted by the Government or any former Government, a special and permanent right to manufacture salt, or to excavate or collect natural salt, shall on application made in accordance with the rules made under this Act be entitled to a licence for such purpose and to the annual renewal thereof, unless on a breach of the provisions of this Act, his licence has been cancelled by an officer duly empowered by the 92Board in this behalf.", "name": "Special and permanent rights of manufacturing salt to be recognised", "related_acts": "", "section_id": 44 }, { "act_id": 206, "details": "32. Rights of ordinary proprietors of existing salt-works.- 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": 45 }, { "act_id": 206, "details": "33. Where by the rules made under this Act 94in case anything is liable to confiscation or any person is liable to a penalty, such 95case may be adjudged- (a) \twithout limit, by a 96 97Commissioner of Excise; 98(b) subject to such limitations and conditions as the Board may, by notification in the official Gazette, determine from time to time, by an 99Additional Commissioner of Excise, a 100Joint Commissioner of Excise, a 101Deputy Commissioner of Excise, an 102Assistant Commissioner of Excise or a Superintendent of Excise.", "name": "Power of adjudication", "related_acts": "", "section_id": 46 }, { "act_id": 206, "details": "34. Wherever confiscation is adjudged under this Act or the rules made thereunder, the officer adjudging it 103may give the owner of the goods an option to pay in lieu of confiscation such fine as the officer thinks fit in addition to any duty and other charges due in respect of the goods.", "name": "Option to pay fine in lieu of confiscation", "related_acts": "", "section_id": 47 }, { "act_id": 206, "details": "10434A. Where under this Act or the rules made thereunder any goods are liable to confiscation, then the receptacles, packages or coverings in which such goods are contained and the animals, vehicles, vessels, or other conveyances on which the goods are loaded or which are used in carrying the goods shall also be liable to confiscation.", "name": "Confiscation of containers and conveyance", "related_acts": "", "section_id": 48 }, { "act_id": 206, "details": "35. 105(1) Any person aggrieved by any decision or order, other than an order of attachment and sale under section 11, passed by an Excise Officer under this Act or the rules made thereunder may, within three months from the date of such decision or order, appeal therefrom:- (a) \twhere the decision or order has been passed by an Excise Officer not superior in rank to an Additional Commissioner of Excise, to the Commissioner (Appeal); and  (b)\twhere the decision or order has been passed by a Commissioner of Excise, Commissioner (Appeal) or an Excise Officer of equivalent rank, to the Appellate Tribunal constituted under section 196 of the Customs Act, hereinafter referred to as the Appellate Tribunal. (1A) Upon receipt of an appeal under sub-section (1),- (a)\tif the appeal has been preferred to the Commissioner (Appeal), the Commissioner (Appeal) may make such further enquiry and pass such order as he thinks fit, confirming, altering or annulling the decision or order appealed against: Provided that no order imposing or enhancing any penalty or fine or requiring payment of a greater amount of duty than has been adjudged in the decision or order appealed against shall be passed by the appellate authority unless the person affected has been given an opportunity of showing cause against it and of being heard: Provided further that the appellate authority may admit an appeal after the expiration of the aforesaid period, not exceeding two months from the date of such expiration, if he is satisfied that the appellant has sufficient cause for not preferring it within that period; (b)\tif the appeal has been preferred to the Appellate Tribunal, the Appellate Tribunal shall, notwithstanding anything contained in this Act, dispose of the appeal, as far as practicable, in accordance with the provisions relating to the said Tribunal. 106(1B) Any person desirous of appealing under sub-section (1) against any decision or order relating to any duty demanded in respect of 107services or of goods which have ceased to be under 108Excise control, or to any penalty levied under the Act or the rules made thereunder, shall, pending the appeal, deposit the duty demanded or the penalty levied or both such duty and such penalty: Provided the where, in any particular case, the appellate authority is of the opinion that deposit of duty demanded or penalty levied will cause undue hardship to the appellant, it may dispense with such deposit, either unconditionally or on such conditions as it may deem fit to impose. (2) No appeal under sub-section (1) shall lie in any case after the 109Board has initiated any proceedings under section 35A in respect of such case. 110(3) Every appeal which is pending immediately before the appointed day before the Board under section 35 of this Act, as it stood immediately before that day, and any matter arising out of or connected with such appeal and which is so pending shall stand transferred on that day to the Appellate Tribunal and the Appellate Tribunal will dispose of such appeal or matter, as par as practicable, in accordance with the provisions laid down in section 196J of the Customs Act. (4) Notwithstanding anything contained in this Act, an appeal under sub-section (1) shall be deemed to have been allowed if the appellate authority fails to make a decision or order thereon within a period of six months from the date the appeal was preferred. Explanation.- For the purposes of this section, “appointed day” means the 1st day of October, 1995.", "name": "Appeals", "related_acts": "", "section_id": 49 }, { "act_id": 206, "details": "11135A. (1) The 112Board may of its own motion call for and examine the record of any departmental proceedings under this Act or the rules made thereunder for the purpose of satisfying itself as to the legality or propriety of any decision or order passed therein by an officer subordinate to the Board and may pass such order as it thinks fit: Provided that no order imposing or enhancing any penalty or fine or requiring payment of a greater amount of duty shall be passed by the Board unless the person affected by the proposed order has been given an opportunity of showing cause against it and of being heard. (2) No decision or order shall be revised under this section after the expiry of three years from the date of such decision or order. (3) No proceeding under sub-section (1) shall be initiated in a case where an appeal under sub-section (1) of section 35 is pending except after the disposal of such appeal.", "name": "Power of the Board on departmental proceedings", "related_acts": "", "section_id": 50 }, { "act_id": 206, "details": "11435B. (1) The 115Board may rectify any mistake which is apparent from the record in any order passed by it under any of the provisions of this Act or the rules made thereunder on its own motion or on an application made by a person affected by the order within one year of the passing of such order: Provided that no such rectification which has the effect of enhancing any penalty or fine or requiring the payment of a greater amount of duty shall be made unless the person affected by the proposed rectification has been given an opportunity of being heard. (2) No order under this section shall be passed after the expiry of three years from the date of passing of the order which is sought to be rectified. (3) No proceedings under sub-section (1) shall be initiated in a case where an application under section 36 has been made, and, where any such application is pending, the proceeding so initiated shall abate.", "name": "Power of the Board to rectify mistakes", "related_acts": "", "section_id": 51 }, { "act_id": 206, "details": "11636C. When under this Act or the rules made thereunder a duty or any other money is payable to the Government by any person or a penalty is adjudged against any person and such duty, penalty or other sum has not been paid within the time it was required to be paid and the sum could not be recovered nor is recoverable from such person in the manner provided in section 11 due to bankruptcy or untraceability of such person or for any other reason, the Government may write-off such duty, penalty or other sum, wholly or partially as it deems fit.", "name": "Power to write off sums due to Government", "related_acts": "", "section_id": 52 }, { "act_id": 206, "details": "36. The Government may on the application of any person aggrieved by any decision or order passed under section 35 or 35A 117or 35B, if such application is made within a period of one hundred and twenty days from the date of the decision or order, pass such order in relation thereto as it thinks fit: Provided that no order imposing or enhancing any penalty or fine or requiring payment of a greater amount of duty than has been determined in the decision or order in respect of which the application has been made shall be passed unless the person affected has been given an opportunity of showing cause against it and of being heard 118: Provided further that the Government may admit an application after the expiration of the aforesaid period, not exceeding one hundred and twenty days from the date of such expiration, if the Government is satisfied that the appellant has sufficient cause for not presenting the application within that period.", "name": "Revision by Government", "related_acts": "", "section_id": 53 }, { "act_id": 206, "details": "11936A. (1) Any person who is entitled or required to attend before any excise officer, an appellate authority, Standing Tribunal, the 120Board, or the Government in any proceedings under this Act, or any rules made thereunder otherwise than when required, under law to attend personally, may attend in such proceedings by a person authorised by him in writing in this behalf, being a relative of, or a person regularly employed by, the aggrieved person, or a lawyer who is entitled to plead in any Court of Law, or an excise consultant as defined and licensed under rules prescribed in this behalf, and not being disqualified by or under sub-section (2). (2) No person who has been dismissed from Government service shall be qualified to represent a person under sub-section (1); and if any lawyer or excise consultant is found guilty of misconduct in connection with any excise proceedings by the authority empowered to take disciplinary action against members of the profession to which he belongs, or if any other person is found guilty of such misconduct by the 121Commissioner of Excise, the 122Commissioner of Excise may direct that he shall be thenceforward disqualified to represent a person under sub-section (1): Provided that- (a)\tno such direction shall be issued in respect of any person unless he is given a reasonable opportunity of being heard, (b)\tany person against whom such direction is issued may, within one month from the date of receipt of the direction, appeal to the 123Board to have the direction cancelled, and (c)\tno such direction shall take effect until one month from the date of receipt thereof by the person concerned, or when an appeal is preferred, until the disposal of the appeal.", "name": "Appearance by authorised representative", "related_acts": "", "section_id": 54 }, { "act_id": 206, "details": "12436B. (1) The Government may rectify any mistake which is apparent from the record in any order passed by it under any of the provisions of this Act or the rules made thereunder on its own motion or on an application made by a person affected by the order within one year of the passing of such order: Provided that no such rectification which has the effect of enhancing any penalty or fine or requiring the payment of a greater amount of duty shall be made unless the person affected by the proposed rectification has been given an opportunity of being heard. (2) No order under this section shall be passed after the expiry of three years from the date of the passing of the order which is sought to be rectified.", "name": "Power of the Government to rectify mistakes", "related_acts": "", "section_id": 55 }, { "act_id": 206, "details": "37. (1) The 126Board may make rules to carry into effect the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may- (i)\tprovide for the assessment and collection of duties of excise, the authorities by whom functions under this Act are to be discharged, the issue of notices requiring payment, the manner in which the duties shall be payable, and the recovery of duty not paid; (ii) \tprohibit absolutely, or with such exceptions, or subject to such conditions as the 127Board thinks fit, the production or manufacture, or any process of the production or manufacture, of excisable goods, or of any component parts or ingredients or containers thereof, or the providing or rendering of any excisable services, except on land or premises approved for the purpose; (iii)\tprohibit absolutely, or with such exceptions, or subject to such conditions as the 128Board thinks fit, 129* * * the transit of excisable goods from any part of Bangladesh to any other part thereof; (iv)\tregulate the removal of excisable goods from the place where produced, stored or manufactured or subjected to any process of production or manufacture and their transport to or from the premises of a licensed person, or a bonded warehouse, or to a market; 130(iva) regulate the removal and movement of such imported goods as cannot be distinguished from any excisable goods of the same description; (v)\tregulate the production or manufacture, or any process of the production or manufacture, the possession, storage and sale of salt, and so far as such regulation is essential for the proper levy and collection of the duties imposed by this Act, of any other excisable goods, or of any component parts or ingredients or containers thereof; (vi)\tprovide for the employment of officers of the Government to supervise the carrying out of any rules made under this Act; (vii)\trequire a manufacturer or the licensee of a warehouse or a person providing or rendering any excisable services to provide accommodation within the precincts of his factory or warehouse or premises for officers employed to supervise the carrying out of regulations made under this Act and prescribe the scale of such accommodation; (viii) provide for the appointment, licensing, management and supervision of bonded warehouses and the procedure to be followed in entering goods into and clearing goods from such warehouses; (ix)\tprovide for the distinguishing of goods which have been manufactured under licence, of materials which have been imported under licence, and of goods on which duty has been paid, or which are exempt from duty under this Act; 131(ixa) provide for taking account of goods manufactured and of materials and components, either imported or locally procured, used in the manufacture of excisable goods; (x)\timpose on persons engaged in the providing or rendering of any excisable services or in the production or manufacture, storage or sale (whether on their own account or as brokers or commission agents) of salt, and, so far as such imposition is essential for the proper levy and collection of the duties imposed by this Act, of any other excisable goods, the duty of furnishing information, keeping records and making returns, and prescribe the nature of such information and the form of such records and returns, the particulars to be contained therein, and the manner in which they shall be verified; (xi)\trequire that excisable goods shall not be sold or offered or kept for sale in Bangladesh except in prescribed containers, bearing a banderol, stamp or label of such nature and affixed in such manner as may be prescribed and provide for the printing, embossing or weaving of retail price on any excisable goods and on containers, packages, covers, labels and wrappers in which any excisable goods are sold; 132(xia) \tprovide for the supply and use of stamps or stamped tickets or for the stamping of tickets sent to be stamped; and for securing the defacement of stamps when used; for controlling the use of barriers or mechanical contrivances in use for admission of persons to the entertainments; for the checking of admissions and for the renewal of damaged or spoiled stamps; (xib) provide for the maintenance of books of accounts, registers, bills and tickets and for the submission of returns and statements; 133(xic) \tprovide for collection of duty by affixing stamps on any sale document, sale memorandum, bill of charges and cash memo; (xii)\tprovide for the issue of licences and transport permits and the fees, if any, to be charged therefore: Provided that the fees for the licensing of the manufacture and refining of salt and saltpetre shall not exceed, in the case of each such licence, the following amounts, namely:- Taka Licence to manufacture and refine saltpetre and to separate and purify salt in the process of such manufacture and refining … 50 Licence to manufacture saltpetre … 2 Licence to manufacture sulphate of soda (Kharinun) by solar heat in evaporating pans … 10 Licence to manufacture sulphate of soda (Kharinun) by artificial heat … 2 Licence to manufacture other saline substances … 2 (xiii) provide for the detention of goods, plant, machinery or material, for the purpose of exacting the duty, the procedure in connection with the confiscation, otherwise than under section 10 or section 28, of goods in respect of which breaches of the Act or rules have been committed, and the disposal of goods so detained or confiscated; (xiv) authorise and regulate the inspection of any premises where any excisable services are provided or rendered or of factories and provide for the taking of samples, and for the making of tests, of any substance produced therein, and for the inspection or search of any place or conveyance used for the production, storage, sale or transport of salt, and so far as such inspection or search is essential for the proper levy and collection of the duties imposed by this Act, of any other excisable goods; (xv) authorise and regulate the composition of offences against, or liabilities incurred, under this Act or the rules made thereunder; (xvi) provide for permission to export goods on payment of duty or otherwise, and for the grant of rebate, on any basis, of the whole or any part of the duty paid on or in respect of any excisable goods which are exported or which are used in the manufacture of any other goods which are exported out of Bangladesh or shipped as provisions or stores for consumption on board a ship or aircraft proceeding to any destination outside Bangladesh; 134* * * (xviii) define an area no point in which shall be more than one hundred yards from the nearest point of any place in which salt is stored or sold by or on behalf of the Government, or of any factory in which saltpetre is manufactured or refined and regulate the possession, storage and sale of salt within such area; (xix) define an area around any other place in which salt is manufactured, and regulate the possession, storage and sale of salt within such area; (xx) authorise the 135Commissioner of Excise appointed for the purposes of this Act to provide, by written instructions, for supplemental matters arising out of any rule made under this section. (3) In making rules under this section, the 136Board may provide that any person committing a breach of any rule shall, without prejudice to any other action that may by taken against him under this Act, be liable to a penalty not exceeding 137ten thousand taka or ten times the amount of duty involved whichever is greater and that any article in respect of which any such breach is committed shall be confiscated.", "name": "Power of Board to make rules", "related_acts": "", "section_id": 56 }, { "act_id": 206, "details": "38. All rules made and notifications issued under this Act shall be made and issued by publication in the official Gazette. All such rules and notifications shall thereupon have effect as if enacted in this Act 138.", "name": "Publication of rules and notifications", "related_acts": "", "section_id": 57 }, { "act_id": 206, "details": "39. Repeal of enactments.- 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": 58 }, { "act_id": 206, "details": "40. (1) No suit shall be brought in any civil Court to set aside or modify any order passed, or any assessment, levy or collection any duty, under this Act. (2) No suit, prosecution, or other legal proceeding shall be instituted for anything done or ordered to be done under this Act after the expiration of six months from the accrual of the cause of action or from the date of the act or order complained of. (3) No suit shall lie against the Government or against any officer of the Government in respect of any order passed in good faith or any act in good faith done or ordered to be done under this Act.", "name": "Bar of suits and limitation of suits and other legal proceedings", "related_acts": "", "section_id": 59 } ], "text": "12 An Act to consolidate and amend the law relating to 3* * * duties of excise and to salt. WHEREAS it is expedient to consolidate and amend the law relating to 4* * * duties of excise on goods manufactured or produced, and services provided or rendered, in Bangladesh and to salt; It is hereby enacted as follows:-" }

{ "id": 207, "lower_text": [ "1 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)", "2 Clause (1) 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)", "3 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)", "4 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)", "5 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 Orphanages and Widows' Homes Act, 1944 (Bengal Act)", "num_of_sections": 11, "published_date": "29th June, 1944", "related_act": [ 10, 430, 159 ], "repelled": false, "sections": [ { "act_id": 207, "details": "1. (1) This Act may be called the 1* * * Orphanages and Widows' Homes Act, 1944. (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": 207, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- 2* * * (2)\t“marriage bureau” means an institution, by whatever name it may be called, which negotiates the marriages of persons and includes a place where females of any age are kept or intended to be kept by such institution for the said purpose;  (3)\t“orphan” means a boy or girl under eighteen years of age who has lost his or her father or has been abandoned by his or her parents or guardians; (4)\t“orphanage” means an institution, by whatever name it may be called, where orphans are kept or intended to be kept; (5)\t“prescribed” means prescribed by rules made under this Act; (6)\t“widow” includes a woman abandoned by her husband; (7)\t“widows' home” means an institution, by whatever name it may be called, where widows or females of any age are kept or intended to be kept.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 207, "details": "3. Nothing in this Act shall apply to- (a) a reformatory school, an industrial school or an auxiliary home established or certified by the Government under the 3* * * Children Act, 1922; (b) any institution recognised as a place of suitable custody under sub section (1) of section 28 of the 4* * * Children Act, 1922, or under any rule made under clause (b) of sub section (2) of section 27 of the 5* * * Suppression of Immoral Traffic Act, 1933; or (c) any orphanage or widows' home established and maintained by the Government.", "name": "3. \tAct not to apply to certain institutions", "related_acts": "159", "section_id": 3 }, { "act_id": 207, "details": "4. No person shall without, or otherwise than in conformity with the conditions of, a licence granted under this Act in the prescribed form open or carry on an orphanage, a widows' home or a marriage bureau: Provided that a person carrying on any such institution at the commencement of this Act shall be allowed a period of six months from such commencement to obtain such licence.", "name": "Prohibition to open or to carry on an orphanage, a widows’ home or a marriage bureau without a licence", "related_acts": "", "section_id": 4 }, { "act_id": 207, "details": "5. (1) Subject to the provisions of sub section (2) the District Magistrate may, on receipt of an application in the prescribed form containing the prescribed particulars, grant to any person a licence for the opening and carrying on or the carrying on of an orphanage, a widows' home or a marriage bureau (hereinafter referred to as the said institution) on such conditions as may be prescribed in this behalf. (2) The District Magistrate shall refuse to grant a licence under sub section (1) unless he is satisfied (a)\tthat for the control and supervision of the said institution a society has, subject to such rules as may be made in this behalf by the Government, been formed and registered under the Societies Registration Act, 1860, the provisions of which shall, notwithstanding anything to the contrary contained in that Act, apply to every such institution as if such institution is a charitable society; (b)\tthat the members of the society are respectable persons of the locality where the said institution is or is to be located; (c)\tthat the said institution is or is to be located in a healthy locality and the accommodation therein is sufficient for the purpose for which it is to be opened or is being carried on.", "name": "Licence to open or to carry on an orphanage, a widows’ home or a marriage bureau", "related_acts": "10", "section_id": 5 }, { "act_id": 207, "details": "6. A licence granted under section 5 may be suspended or cancelled by the authority which granted it- (a)\tif there is any contravention of any of the provisions of this Act or any breach of the conditions subject to which the licence was granted; or (b)\tif the institution in respect of which the licence was granted has ceased to fulfil the conditions specified in clauses (a) to (c) of sub section (2) of section 5.", "name": "Suspension or cancellation of licence", "related_acts": "", "section_id": 6 }, { "act_id": 207, "details": "7. The District Magistrate or any Magistrate authorised in writing in this behalf by the District Magistrate or any person not in the Government service when authorised in writing in this behalf by the District Magistrate may enter and inspect any orphanage, widows' home or marriage bureau at any time by day or night and the society having control of such institution and the persons in charge thereof shall not refuse such entry or inspection.", "name": "Inspection of the institution", "related_acts": "", "section_id": 7 }, { "act_id": 207, "details": "8. Whoever acts in contravention of any of the provisions of this Act shall on conviction be punished with fine which may extend to five hundred Taka, and in the case where the contravention is a continuing one with further fine which may extend to fifty Taka for every day after the first during which such contravention continues subsequent to such conviction.", "name": "Penalty", "related_acts": "", "section_id": 8 }, { "act_id": 207, "details": "9. No prosecution under this Act shall be instituted except with the previous sanction of the District Magistrate.", "name": "Prosecution", "related_acts": "", "section_id": 9 }, { "act_id": 207, "details": "10. No Court inferior to that of a Magistrate of the first class shall try an offence punishable under this Act.", "name": "Jurisdiction", "related_acts": "", "section_id": 10 }, { "act_id": 207, "details": "11. (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) the form of licence to be granted under this Act; (b) the form of application for licence under sub section (1) of section 5 and the particulars to be contained in such application; (c) the conditions subject to which licences may be granted; and (d) the formation of a society for the control and supervision of an orphanage, a widows' home or a marriage bureau under clause (a) of sub section (2) of section 5.", "name": "Power to make rules", "related_acts": "", "section_id": 11 } ], "text": "An Act to provide for the better control and supervision of orphanages, widows’ homes and marriage bureaux, in Bangladesh.♣ WHEREAS it is expedient to provide for the better control and supervision of orphanages, widows’ homes and marriage bureaux, in Bangladesh; It is hereby enacted as follows:-" }

{ "id": 208, "lower_text": [ "1 Throughout this Act, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Central 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, comma and figure “Factories Act, 1965” were substituted for the words, comma and figure “Factories Act, 1934” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "3 The words “twenty-five poisha” were substituted for the words “four Annas” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "4 Section 18A was inserted by section 2 of the Coconut and Oilseeds Committees Acts (Amendment) Ordinance, 1962 (Ordinance No. XXV of 1962)", "5 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)" ], "name": "The Coconut Committee Act, 1944", "num_of_sections": 21, "published_date": "31st March, 1944", "related_act": [ 208, 189, 430 ], "repelled": false, "sections": [ { "act_id": 208, "details": "1. (1) This Act may be called the Coconut Committee Act, 1944. (2) It extends to the whole of Bangladesh.", "name": "Short title and extent", "related_acts": "208", "section_id": 1 }, { "act_id": 208, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \t“Collector” means the officer appointed by the Government to perform in any specified area the duties of a Collector under the provisions of this Act and the rules made thereunder, and includes any officer subordinate to that officer whom he may by order in writing authorise to perform his duties under those provisions; (b)\t“the Committee” means the Bangladesh 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“mill” means any place in which copra is crushed for the extraction of oil, which is a factory as defined in section 2 of the 2Factories Act, 1965; (d)\t“prescribed” means prescribed by rules made under this Act.", "name": "Definitions", "related_acts": "189", "section_id": 2 }, { "act_id": 208, "details": "3. (1) There shall be levied and collected, as a cess for the purposes of this Act, on all copra consumed in any mill in Bangladesh, whether produced in or imported from outside Bangladesh, a duty of excise at such rate, not exceeding 3twenty-five poisha per cwt., as the Government may, by notification in the official Gazette, fix in this behalf : Provided that the Government may by notification in the official Gazette vary the rate at which the duty of excise shall be levied and collected. (2) On the last day of each month, or as soon thereafter as may be convenient, the proceeds of the duty recovered during that month shall, after deduction of the expenses, if any, of collection and recovery, be paid to the Committee. (3) The proceeds of the duties recovered since the fifteenth day of August 1947 after deducting expenses of collection and recovery if any shall be paid to the Committee forthwith.", "name": "Imposition of coconut cess", "related_acts": "", "section_id": 3 }, { "act_id": 208, "details": "4. Constitution of Indian Coconut Committee.- Omitted by section 7 of the Coconut Committee (Amendment) Act, 1950 (Act No. XVIII of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 4 }, { "act_id": 208, "details": "5. Incorporation of the Committee.- Omitted by section 7 of the Coconut Committee (Amendment) Act, 1950 (Act No. XVIII of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 5 }, { "act_id": 208, "details": "6. Vacancies.- Omitted by section 7 of the Coconut Committee (Amendment) Act, 1950 (Act No. XVIII of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 6 }, { "act_id": 208, "details": "7. President of Committee, Secretary, Sub committees and staff.- Omitted by section 7 of the Coconut Committee (Amendment) Act, 1950 (Act No. XVIII of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 7 }, { "act_id": 208, "details": "8. Appointment of officers.- Omitted by section 7 of the Coconut Committee (Amendment) Act, 1950 (Act No. XVIII of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 8 }, { "act_id": 208, "details": "9. (1) The Committee shall take such measures as it may consider necessary or expedient for the improvement and development of the cultivation and marketing of coconuts and of the production, utilisation and marketing of copra, coconut oil and coconut poonac. (2) Without prejudice to the generality of the foregoing power, the Committee may defray expenditure involved in- (a)\tundertaking, assisting or encouraging agricultural, industrial, technological and economic research; (b)\tthe supply of technical advice to growers; (c)\tencouraging the adoption of improved methods in cultivation; (d)\tcarrying on such propaganda in the interests of the coconut industry as may be necessary; (e) \tcollecting statistics from growers, dealers, millers and other sources on all relevant matters bearing on the industry; (f) \tfixing grade standards of copra and its products; (g) \trecommending the maximum and minimum prices to be fixed for copra; (h)\tadvising on all matters which require attention for the development of the industry; (i) \timproving the marketing of coconuts and suggesting suitable measures to prevent unfair competition; (j) \tassisting in the control of insects and other pests and diseases of coconut trees; (k)\tpromoting and encouraging co operative efforts among the coconut growers and in the coconut industries;  (l)\tadopting such measures as may be practicable for assuring remunerative returns to growers; (m) maintaining and assisting in the maintenance of such institutes, farms and stations as it may consider necessary; (n)\tadopting any other measures or performing any other duties which it may be required by the Government to adopt or perform or which the Committee itself may think necessary or advisable in order to carry out the purposes of this Act.", "name": "Functions of the Committee", "related_acts": "", "section_id": 9 }, { "act_id": 208, "details": "10. (1) The owner of every mill shall furnish to the Collector on or before the 7th day of each month, a return stating the total amount of copra consumed 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 copra consumed before the commencement of this Act. (2) Every 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": 10 }, { "act_id": 208, "details": "11. (1) On receiving any return made under section 10, the Collector shall assess the amount of the duty payable under section 3 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 thirty days of the service of the notice. (2) If the owner of any mill fails to furnish in due time the return referred to in sub section (1) of section 10 or furnishes a return which the Collector has reason to believe is incorrect or defective, the Collector shall assess the amount, if any, payable by him in such manner, 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 duty 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) A 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": 11 }, { "act_id": 208, "details": "12. (1) Any owner of a mill who is aggrieved by an assessment made under section 11 may, within three months of service of the notice referred to in sub section (1) of that section, apply to the District Judge, for the cancellation or modification of the assessment and, on such application, the said Judge 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. (2) The decision under sub section (1) of the District Judge shall be final. (3) Any sum recoverable under section 11 may be recovered as an arrear of land revenue.", "name": "Finality of assessment and recovery of unpaid duty", "related_acts": "", "section_id": 12 }, { "act_id": 208, "details": "13. (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) The Collector or any such officer may at any time during working hours, with or without notice to the owner, examine the purchase, sale and stock records and accounts of any mill and take copies of or extracts from all or any of the said records or accounts for the 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: Provided that nothing in this section shall be deemed to authorise the examination of any description or formulae of any trade process.", "name": "Power to inspect mills and take copies of records and accounts", "related_acts": "", "section_id": 13 }, { "act_id": 208, "details": "14. (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) If 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": 14 }, { "act_id": 208, "details": "15. Application of proceeds of duty.- Omitted by section 8 of the Indian Coconut Committee (Amendment.) Act, 1946 (Act No. XV of 1946).", "name": "Omitted.", "related_acts": "", "section_id": 15 }, { "act_id": 208, "details": "16. Keeping and auditing of accounts. Omitted by section 10 of the Coconut Committee (Amendment) Act, 1950 (Act No. XVIII of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 16 }, { "act_id": 208, "details": "17. Dissolution of Committee.- Omitted by section 10 of the Coconut Committee (Amendment) Act, 1950 (Act No. XVIII of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 17 }, { "act_id": 208, "details": "18. (1) The Government may make rules for the purpose of carrying into effect the provisions of this Act. (2) Omitted by section 11 of the Coconut Committee (Amendment) Act, 1950 (Act No. XVIII of 1950).", "name": "Power of the Government to make rule", "related_acts": "", "section_id": 18 }, { "act_id": 208, "details": "418A. Rules made under section 18 may provide that a breach of any of them shall be punishable with fine not exceeding one thousand 5Taka.", "name": "Penalty for contravention of rules", "related_acts": "", "section_id": 19 }, { "act_id": 208, "details": "19. Power of the Committee to make regulations.- Omitted by section 12 of the Coconut Committee (Amendment) Act, 1950 (Act No. XVIII of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 20 }, { "act_id": 208, "details": "20. All rules made under section 18 shall be published in the official Gazette.", "name": "Publication of rules and regulations", "related_acts": "", "section_id": 21 } ], "text": "An Act to provide for financing a Committee for the improvement and development of the cultivation, marketing and utilisation of coconuts in Bangladesh.1♣ WHEREAS it is expedient to provide for financing a Committee for the improvement and development of the cultivation, marketing and utilisation of coconuts in Bangladesh; It is hereby enacted as follows:-" }

{ "id": 209, "lower_text": [ "1 Throughout this Act, the words “Bangladesh”, “Government” and “Taka” were substituted for the words “Pakistan”, “Central Government” or “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 words “Bangladesh Bank” were substituted for the words “the 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)", "3 Clause (1A) was 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, commas and figure “which, in the case of a security issued by the Central Government is made after the thirtieth day of April,1946, and in the case of a security issued by a Provincial Government, is made after the commencement of the Public Debt (Central Governmnet) (Amendment) Ordinance, 1961” 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 words, comma and figure “Co-operative Societies Act, 1940” were substituted for the words, comma and figure “Co-operative Societies Act, 1912” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "6 Sub-section 1A was added by the Public Debt (Amendment) Act, 1963 (Act No 13 of 1963", "7 The words “or in an Acceding State or a non-Acceding State the Political Agent” were 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 “the official Gazette” were substituted for the words “the Gazette of Pakistan or the official gazette of a Province according as the notice relates to a security issued by the Central Government or a Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "9 The words “appointed for the Province in which such Court 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)", "10 Clause (c) 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 word “Parliament” was substituted for the words and commas “the Central Legislature or, as the case may be, of the Provincial Legislature” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Public Debt Act, 1944", "num_of_sections": 29, "published_date": "22nd November, 1944", "related_act": [ 138, 46, 430, 209, 86, 118, 24, 26 ], "repelled": true, "sections": [ { "act_id": 209, "details": "1. (1) This Act may be called the Public Debt Act, 1944. (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.", "name": "Short title, extent and commencement", "related_acts": "209", "section_id": 1 }, { "act_id": 209, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t\t“the Bank” means 2Bangladesh Bank. 3* * * (2)\t“Government security” means- (a)\ta security, created and issued, whether before or after the commencement of this Act, by Government for the purpose of raising a public loan, and having one of the following forms, namely:- (i)\tstock transferable by registration in the books of the Bank; or (ii) \ta promissory note payable to order; or (iii)\ta bearer bond payable to bearer; or (iv)\ta form prescribed in this behalf, or notified by Government from time to time; (b)\tany other security created and issued by Government in such form and for such of the purposes of this Act as may be prescribed; (3) \t“prescribed” means prescribed by rules made under this Act; (4)\t“promissory note” includes a treasury bill.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 209, "details": "3. (1) Subject to the provisions of section 5, a transfer of a Government security shall be made only in the manner prescribed for the making of transfers of securities of the class to which it belongs, and no transfer of a Government security 4* * * shall be valid if- (a)\tit does not purport to convey the full title to the security, or (b)\tit is of such a nature as to affect the manner in which the security was expressed by the Government to be held. (2) Nothing in this section shall affect any order made by the Bank under this Act, or any order made by a Court upon the Bank.", "name": "Transfer of Government securities", "related_acts": "", "section_id": 3 }, { "act_id": 209, "details": "4. Notwithstanding anything contained in the Negotiable Instruments Act, 1881, a person shall not, by reason only of his having transferred a Government security, be liable to pay any money due either as principal or as interest thereunder.", "name": "Transferor of Government securities not liable for amount thereof", "related_acts": "46", "section_id": 4 }, { "act_id": 209, "details": "5. (1) In the case of any public office to which Government may, by notification in the official Gazette, declare this sub section to apply, a Government security in the form of stock or of a promissory note may be held in the name of the office. (2) When a Government security is so held, it shall be deemed to be transferred without any or further endorsement or transfer deed 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) When the holder of the office transfers to a party not being his successor in office a Government security so held, the transfer shall be made by the signature of the holder of the office and the name of the office in the manner and subject to the conditions laid down in section 3. (4) This 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": 5 }, { "act_id": 209, "details": "6. (1) No notice of any trust in respect of any Government security shall be receivable by Government, nor shall Government be bound by any such notice even though expressly given, nor shall Government be regarded as a trustee in respect of any Government security. (2) Without prejudice to the provisions of sub section (1), the Bank may, as an act of grace and without any liability to the Bank or to Government, record in its books such directions by the holder of stock for the payment of interest on, or of the maturity value of, or the transfer of, or such other matters relating to, the stock as the Bank thinks fit.", "name": "Notice of trust not receivable", "related_acts": "", "section_id": 6 }, { "act_id": 209, "details": "7. Subject to the provisions of section 9 the executors or administrators of a deceased sole holder of a Government security and the holder of a succession certificate issued under Part X of the Succession Act, 1925, shall be the only persons who may be recognised by the Bank as having any title to the Government security: Provided that nothing in this section shall bar the recognition by the Bank of the manager or the sole surviving male member of a Hindu undivided family governed by the Mitakshara Law as having a title to a Government security, when the security appears to the Bank to stand in the name of a deceased member of the family and an application is made by such manager or sole surviving member for recognition of his title and is supported by 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 Government security 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": "Persons whose title to a Government security of a deceased sole holder may be recognised by the Bank", "related_acts": "138", "section_id": 7 }, { "act_id": 209, "details": "8. Notwithstanding anything contained in section 45 of the Contract Act, 1872,- (a)\twhen a Government security is held by two or more persons jointly and either or any of them dies, the title to the security shall vest in 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: Provided that nothing contained in this section shall affect any claim which any representative of a deceased person may have against the survivor or survivors under or in respect of any security to which this section applies. Explanation. For the purposes of this section a body incorporated under the Companies Act, 1913, or the 5Co operative Societies Act, 1940, 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 holders or several payees", "related_acts": "26", "section_id": 8 }, { "act_id": 209, "details": "9. Notwithstanding anything contained in section 7, if within six months of the death of a person who was the holder of a Government security or securities the face value of which does not in the aggregate exceed five thousand Taka or, in the case of Post Office Savings Certificates, twenty five thousand Taka, probate of his will or letters of administration of his estate or a succession certificate issued under Part X of the Succession Act, 1925, is not produced to the Bank, or proof to the satisfaction of the Bank that proceedings have been instituted to obtain one of these is not furnished, the Bank may determine who is the person entitled to the security or securities, or to administer the estate of the deceased and may make an order vesting the security or securities in the person so determined.", "name": "Summary procedure on death of holder of Government securities", "related_acts": "138", "section_id": 9 }, { "act_id": 209, "details": "10. When a Government security or securities belong to a minor or a person who is insane and incapable of managing his affairs and the face value of the security or securities does not in the aggregate exceed five thousand Taka, the Bank may make such order as it thinks fit for the vesting of such security or securities in such person as it considers represents the minor or insane person.", "name": "Government securities not exceeding five thousand Taka face value belonging to minor or insane person", "related_acts": "", "section_id": 10 }, { "act_id": 209, "details": "11. (1) If the person entitled to a Government security not being security in a form notified in pursuance of paragraph (iv) of sub-clause (a) of clause (2) of section 2, applies to the Bank alleging that the security has been lost, stolen or destroyed, or has been defaced or mutilated, the Bank may, on proof to its satisfaction of the loss, theft, destruction, defacement or mutilation of the security, subject to such conditions and on payment of such fees as may be prescribed, order the issue of a duplicate security payable to the applicant. 6(1A) If a Government security in any of the forms notified in pursuance of paragraph (iv) of sub clause (a) of clause (2) of section 2 has been defaced or mutilated, the holder thereof may, in such manner, and subject to such conditions and on payment of such fees, if any, as may be notified by Government, apply for the issue of a duplicate security, or for the refund of its value. (2) If the person entitled to a Government security applies to the Bank to have the security converted into a security of another form, or into a security issued in connection with another loan or to have it consolidated with other like securities, or to have it subdivided, or to have it renewed, the Bank may, subject to such conditions and on payment of such fees as may be prescribed, cancel the security and order the issue of a new security or securities. (3) The person to whom a duplicate security or a new security is issued under this section shall be deemed for the purposes of section 19 to have been recognised by the Bank as the holder of the security; and a duplicate security or new security so issued to any person shall be deemed to constitute a new contract between Government and such person and all persons deriving title thereafter through him.", "name": "Issue of duplicate securities and of new securities on conversion, consolidation, sub-division or renewal", "related_acts": "", "section_id": 11 }, { "act_id": 209, "details": "12. (1) If the Bank is of opinion that a doubt exists as to the title to a Government security, it may proceed to determine the person who shall for the purposes of the Bank be deemed to be the person entitled thereto. (2) The Bank shall give notice in writing to each claimant of whom it has knowledge, stating the names of all other claimants and the time when and the officer of the Bank by whom the determination of the Bank will be made. (3) The Bank shall give notice in writing to each claimant of the result of the determination so made. (4) On the expiry of six months from the issue of the notices referred to in sub section (3), the Bank may make an order vesting in the person, found by the Bank to be entitled to the security, and any unpaid interest thereon.", "name": "Summary determination by the Bank of title to Government security in case of dispute", "related_acts": "", "section_id": 12 }, { "act_id": 209, "details": "13. Notwithstanding that as a matter of convenience Government may have arranged for payments on a Government security to be made elsewhere than in Bangladesh, the rights of all person in relation to Government securities shall be determined in connection with all such questions as are dealt with by this Act by the law and in the Courts of Bangladesh.", "name": "Law applicable in regard to Government securities", "related_acts": "", "section_id": 13 }, { "act_id": 209, "details": "14. (1) For the purpose of making any order which it is empowered to make under this Act, the Bank may request a District Magistrate 7* * * to record or to have recorded the whole or any part of such evidence as any person whose evidence the Bank requires may produce. A District Magistrate so requested 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 in this behalf by general or special order of the Government to record the evidence, and shall forward a copy thereof to the Bank. (2) For the purpose of making a vesting order under this Act the Bank may direct one of its officers to record the evidence of any person whose evidence the Bank requires or may receive evidence upon affidavit. (3) A Magistrate or an officer of the Bank acting in pursuance of this section may administer an oath to any witness examined by him.", "name": "Recording of evidence", "related_acts": "", "section_id": 14 }, { "act_id": 209, "details": "15. Where the Bank contemplates making an order under this Act to vest a Government security in any person, the Bank may suspend payment of interest on or the maturity value of the security or postpone the making of any order under section 11 or the registration of any transfer of the security until the vesting order has been made.", "name": "Postponement of payments and registration of transfers pending the making of a vesting order", "related_acts": "", "section_id": 15 }, { "act_id": 209, "details": "16. (1) Before making any order which it is empowered to make under this Act, the Bank may require the person in whose favour the order is to be made to execute a bond with one or more sureties in such form as may be prescribed or to furnish security not exceeding twice the value of the subject matter of the order, to be held at the disposal of the Bank, to pay to the Bank or any person to whom the Bank may assign the bond or security in furtherance of sub section (2) the amount thereof. (2) A Court before which a claim in respect of the subject┬¼-matter of any such order is established may order the bond or security to be assigned to the successful claimant who shall thereupon be entitled to enforce the bond or realise the security to the extent of such claim.", "name": "Power of Bank to require bonds", "related_acts": "", "section_id": 16 }, { "act_id": 209, "details": "17. Any notice required to be given by the Bank under this Act may be served by post, but every such notice shall also be published by the Bank in 8the official Gazette, and on such publication shall be deemed to have been delivered to all persons for whom it is intended.", "name": "Publication of notices in official Gazette", "related_acts": "", "section_id": 17 }, { "act_id": 209, "details": "18. An order made by the Bank under this Act may confer the full title to a Government security or may confer a title only to the accrued and accruing interest on the security pending a further order vesting the full title.", "name": "Scope of vesting order", "related_acts": "", "section_id": 18 }, { "act_id": 209, "details": "19. No recognition by the Bank of a person as the holder of a Government security, and no order made by the Bank under this Act shall be called in question by any Court so far as such recognition or order affects the relations of Government or the Bank with the person recognised by the Bank as the holder of a Government security or with any person claiming an interest in such security; and any such recognition by the Bank of any person or any order by the Bank vesting a Government security in any person shall operate to confer on that person a title to the security subject only to a personal liability to the rightful owner of the security for money had and received on his account.", "name": "Legal effect of orders made by the Bank", "related_acts": "", "section_id": 19 }, { "act_id": 209, "details": "20. Where the Bank contemplates making with reference to any Government security any order which it is empowered to make under this Act, and before the order is made the Bank receives from a Court in Bangladesh an order to stay the making of such order, the Bank shall either- (a)\thold the security together with any interest unpaid or accruing thereon until the further orders of the Court are received; or (b)\tapply to the Court to have the security transferred to the Official Trustees 9* * * pending the disposal of the proceedings before the Court.", "name": "Stay of proceedings on order of Court", "related_acts": "", "section_id": 20 }, { "act_id": 209, "details": "21. Where the Bank contemplates making an order under this Act vesting a Government security in any person the Bank may, at any time before the order is made, cancel any proceedings already taken for that purpose and may, on such cancellation, proceed a new to the making of such order.", "name": "Cancellation by the Bank of vesting proceedings", "related_acts": "", "section_id": 21 }, { "act_id": 209, "details": "22. Save as otherwise expressly provided in the terms of a Government security, no person shall be entitled to claim interest on 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 on Government securities", "related_acts": "", "section_id": 22 }, { "act_id": 209, "details": "23. Government shall be discharged from all liability on a bearer bond or on any interest coupon of such a bond on payment to the holder of such bond or coupon on presentation on or after the date when it becomes due of the amount expressed therein, unless before such payment an order of a Court in Bangladesh has been served on Government restraining it from making payment.", "name": "Discharge in respect of bearer bonds", "related_acts": "", "section_id": 23 }, { "act_id": 209, "details": "24. Where no shorter period of limitation is fixed by any law for the time being in force, the liability of Government in respect of any interest payment due on a Government security shall terminate on the expiry of six years from the date on which the amount due by way of interest became payable.", "name": "Period of limitation of Government’s liability in respect of interest", "related_acts": "", "section_id": 24 }, { "act_id": 209, "details": "25. No person shall be entitled to inspect, or to receive information derived from any Government security in the possession or custody of Government or from any book, register, or other 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": 25 }, { "act_id": 209, "details": "26. For the purposes of section 124 of the Evidence Act, 1872, the provisions of Part IV of the Code of Civil Procedure, 1908, relating to suits by or against public officers in their official capacity, and the provisions of rule 27 of Order V, and rule 52 of Order XXI of the said Code, the Bank and any officer of the Bank acting in his capacity as such shall be deemed to be a public officer.", "name": "The Bank and its officers to be deemed public officers27.\tPenalty", "related_acts": "24,86", "section_id": 26 }, { "act_id": 209, "details": "27. (1) If any person, for the purpose of obtaining for himself or for any other person any title to a Government security, makes to any authority under this Act in any application made under this Act or in the course of any inquiry undertaken in pursuance of this Act, any 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) No Court shall take cognizance of any offence under sub section (1) except on the complaint of the Bank.", "name": "Penalty", "related_acts": "", "section_id": 27 }, { "act_id": 209, "details": "28. (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 provide for all or any of the following matters, namely:- (a) \tthe forms in which Government securities may be issued; (b)\tthe form of the obligations referred to in clause (iv) of sub clause (a) of clause (2) of section 2; 10* * *; (d)\tthe manner in which different forms of Government securities may be transferred; (e)\tthe holding of Government securities in the form of stock by the holders of offices other than public offices, and the manner in which and the conditions subject to which Government securities so held may be transferred; (f)\tthe manner in which payment of interest in respect of Government securities is to be made and acknowledged; (g)\tthe conditions governing the grant of duplicate, renewed, converted, consolidated and sub divided Government securities; (h)\tthe fees to be paid in respect of the issue of duplicate Government securities and of the renewal, conversion, consolidation and sub division of Government securities; (i) \tthe form in which receipt of a Government security delivered for discharge, renewal, conversion, consolidation or sub division is to be acknowledged; (j)\tthe manner of attestation of documents relating to Government securities in the form of stock; (k) \tthe manner in which any document relating to a Government security or any endorsement on a promissory note issued by Government may, on the demand of a person who from any cause is unable to write, be executed on his behalf; (l) \tthe form of the bonds referred to in sub section (1) of section 16; (m)\tthe circumstance and the manner in which and the conditions subject to which inspection of Government securities, books, registers and other documents may be allowed or information therefrom may be given under section 25;  (n) \tthe procedure to be followed in making vesting orders; (o) \tthe authority by whom the certificate referred to in the proviso to section 7 is to be granted and the manner of making the inquiry therein mentioned. (3) A copy of all rules under this section shall be laid on the table of 11Parliament as soon as may be after they are made.", "name": "Power to make rules", "related_acts": "", "section_id": 28 }, { "act_id": 209, "details": "29. The Securities Act, 1920, shall cease to apply to Government securities to which this Act applies, and to all matters for which provision is made by this Act.", "name": "Act X of 1920 not to apply to Government securities", "related_acts": "118", "section_id": 29 } ], "text": "An Act to consolidate and amend the law relating to Government securities and to the management of the public debt.1♣ WHEREAS it is expedient to consolidate and amend the law relating to Government securities and to the management of the public debt; It is hereby enacted as follows:-" }

{ "id": 210, "lower_text": [ "1 Throughout this Ordinance, the word “Government” was substituted for the words “appropriate Government” 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)", "3 Clause (a) was 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 “the Government” were substituted for the words “that Government” by section 3 and the Second 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 the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Public Health (Emergency Provisions) Ordinance, 1944", "num_of_sections": 14, "published_date": "20th May, 1944", "related_act": [ 73, 210, 430 ], "repelled": true, "sections": [ { "act_id": 210, "details": "1. (1) This Ordinance may be called the Public Health (Emergency Provisions) Ordinance, 1944. (2) It extends to the whole of 2Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "210", "section_id": 1 }, { "act_id": 210, "details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- 3* * *  (b)\t“local area” means the area within which a local authority exercises its functions; (c)\t“local authority” in this section and sections 7 to 10 and 14 includes, any body, whether incorporated or not, engaged in providing a supply of water; (d)\t“medical establishment” means establishment employed in connection with the provision of medical services; (e)\t“public health services” and “public health establishment” include respectively sanitary, water supply, vaccination, sewage disposal, drainage and conservancy services and establishment maintained for the purposes of such services, and any other service or establishment of a local authority which the Government may by notification in the official Gazette declare to be a public health service or public health establishment for any purpose of this Ordinance; (f) \t“purpose of this Ordinance” includes the purposes of ensuring the provision of adequate medical services, of preventing the spread of human disease, of safeguarding the public health and of providing or maintaining services essential to the health of the community.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 210, "details": "3. (1) The Government may by order in writing require any local authority to take within such period as may be specified in the order such measures as may be so specified, being measures which are in the opinion of 4the Government necessary for any purpose of this Ordinance; and thereupon it shall be the duty of the local authority to comply with the order within the specified period. (2) If in the opinion of the Government a local authority which has been ordered under sub section (1) to take any measures has failed to take, or is unlikely to complete, such measures within the period specified in the order, the Government may, without prejudice to any other action which may be taken under this Ordinance, authorise any person to take or complete, as the case may be, the said measures; and the person so authorised may for the purpose exercise all or any of the powers of the local authority or of any committee or officer of the local authority conferred by or under any law for the time being in force, issue such directions as he thinks fit to the officers or servants of the local authority, and if he finds it necessary or expedient so to do, employ any outside agency. (3) All charges and expenses incurred by a local authority in complying with an order under sub section (1) or by a person authorised under sub section (2) shall, except to such extent, if any, as the Government may direct to be paid out of its revenues, be paid out of its revenues, be paid out of the funds of the local authority.", "name": "Power to require local authorities to take health measures", "related_acts": "", "section_id": 3 }, { "act_id": 210, "details": "4. (1) The Government may, if it considers it necessary for any purpose of this Ordinance, appoint in any local area additional medical or public health establishment to perform such duties and exercise such functions as the Government may direct. (2) Such additional establishment shall, unless and to such extent as the Government otherwise directs, be under the control of the Government, but its salaries and allowances or any specified portion thereof shall, if the Government so orders, be paid out of the funds of the local authority.", "name": "Power to appoint additional health staff", "related_acts": "", "section_id": 4 }, { "act_id": 210, "details": "5. (1) The Government may, if it considers it necessary for any purpose of this Ordinance, by order in writing assume the superintendence of all or any of the medical and public health services of any local authority. (2) Upon the assumption of superintendence under sub section (1),┬¼- (a) \tthe Government may by order in writing specify the scale of the medical or public establishment concerned to be maintained by the local authority, the qualifications to be required for appointment to posts in such establishment, and the pay and other conditions of service of such establishment; (b) \tthe powers of appointment, dismissal and punishment of, and grant of leave to, members of such establishment shall vest in such authority as the Government may appoint in this behalf;  (c) \tthe Government may by order in writing specify the powers to be exercised by Health Officers employed under the local authority; (d) \tthe Government shall have power to inspect, superintend and control the operations of the local authority in regard to any purpose of this Ordinance, and may by order in writing authorise persons to carry out such inspection, superintendence and control and define their powers and duties when so acting; (e) \tthe costs of and incidental to the services and establishments concerned shall continue to be paid out of the funds of the local authority.", "name": "Powers of superintendence", "related_acts": "", "section_id": 5 }, { "act_id": 210, "details": "6. The Government may, if it considers it necessary for any purpose of this Ordinance, authorise by order in writing any person to take over from any local authority the administration of all or any of its medical and public health services or of any medical institution maintained by the local authority; and the person so authorised may for the purposes of such administration exercise all the powers specified in sub section (2) of section 3 of a person authorised under that sub section; and all charges and expenses incurred by the person authorised under this section shall, except to such extent, if any, as the Government may direct to be paid out of its revenues, be paid out of the funds of the local authority.", "name": "Power to take over administration of services", "related_acts": "", "section_id": 6 }, { "act_id": 210, "details": "7. (1) A local authority may, with the previous sanction of the Government, supply water to any other local authority or to any other authority or person within or without its local area upon such terms as may be agreed, notwithstanding any provision prohibiting or restricting such supply contained in any other law. (2) The Government may by order in writing direct any local authority to supply water to any area or to any authority or person within or without its local area at such places and in such quantities as may be specified in the order, subject to such payment being made therefor and to such other conditions as the Government may consider reasonable.", "name": "Water supply", "related_acts": "", "section_id": 7 }, { "act_id": 210, "details": "8. For the purpose of carrying into effect any of the foregoing provisions of this Ordinance or any order made thereunder, the Government may in writing give to any local authority such directions as it thinks fit, and it shall be the duty of the local authority to comply therewith.", "name": "Power to give directions", "related_acts": "", "section_id": 8 }, { "act_id": 210, "details": "9. (1) If the Government is of opinion that any local authority has failed to comply, or has delayed in complying, with any order or rule made or direction given under this Ordinance or has failed to act in accordance with or give effect to any notification issued under section 10, the Government may by order in writing supersede the local authority for such period as may be specified in the order. (2) When an order of supersession has been made under sub section (1),- (a) \tall the members of the local authority shall, as from the date of supersession, vacate their offices as such members; (b) \tall the powers and duties which may by or under any law for the time being in force be exercised or performed by or on behalf of the local authority shall, during the period of supersession, be exercised and performed by such person as the Government may authorise in this behalf; (c) \tall property vested in the local authority shall, during the period of supersession, vest in the Government. (3) On the expiration of the period of supersession specified in the order under sub section (1), the Government may by order in writing,- (a) \textend the period for such further term as it may consider necessary; or (b)\tdirect that the local authority shall be reconstituted in the manner provided for its constitution by or under the law relating thereto, and in such case any persons who vacated their offices under clause (a) of sub section (2) shall not be deemed to be disqualified thereby for election, appointment or nomination; or (c) \tdirect that the local authority shall be reconstituted by the persons who vacated their offices under clause (a) of sub section (2) and shall recommence functioning as if it had not been superseded: Provided that the Government may at any time before the expiration of the period of supersession whether as originally specified under sub section (1) or as extended under this sub section, make an order under clause (b) or clause (c) of this sub section.", "name": "Power to supersede local authorities", "related_acts": "", "section_id": 9 }, { "act_id": 210, "details": "10. In relation to any local area the Government may by notification in the official Gazette make any rules, bye laws, regulations or orders connected with any purpose of this Ordinance which the local authority would under any law for the time being in force be competent to make, and may in like manner amend or suspend the operation of any such rule, bye law, regulation or order made by the local authority: Provided that, notwithstanding anything to the contrary in any other law, it shall not be necessary when issuing any such notification to comply with the provisions of section 23 of the General Clauses Act, 1897 or the similar provisions of any local law or with any law providing for any procedure preliminary to the making of any such rule, bye law, regulation or order: Provided further that it shall be sufficient for the purpose of- (a) \tcancelling any rule, bye law, regulation or order made by the Government by notification under this section, or (b)\trestoring to its form immediately prior to its amendment by notification under this section any rule, bye law, regulation or order so amended, to rescind the notification.", "name": "Power to modify rules, bye-laws, etc.", "related_acts": "73", "section_id": 10 }, { "act_id": 210, "details": "11. (1) The Government may make rules for carrying out the purposes of this Ordinance, and in particular and without prejudice to the generality of the foregoing power, such rules may- (a)\tprescribe any disease against the spread of which special precautions are considered by the Government to be necessary; (b) \tprohibit any act which in the opinion of the Government is likely to lead to or facilitate the spread of any disease prescribed under clause (a);  (c) \tprovide for the restraint, segregation and restriction of movement of persons suffering or suspected to be suffering from any such disease; (d) \tprovide for the temporary transfer of members of the medical and public health establishments of any local authority to service in another local area under the Government or another local authority. (2) In making rules under this section, the Government may provide that a breach of any of the rules shall be punishable with imprisonment which may extend to three months or with fine or with both.", "name": "Power to make rules", "related_acts": "", "section_id": 11 }, { "act_id": 210, "details": "12. All persons authorised under sub section (2) of section 3, clause (d) of sub section (2) of section 5, section 6 or clause (b) of sub section (2) of section 9 shall be deemed to be public servants within the meaning of the 5Penal Code.", "name": "Certain persons deemed to be public servants", "related_acts": "", "section_id": 12 }, { "act_id": 210, "details": "13. No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Ordinance.", "name": "Protection of action taken under this Ordinance", "related_acts": "", "section_id": 13 }, { "act_id": 210, "details": "14. The provisions of this Ordinance and of any rules and orders made thereunder shall have effect notwithstanding anything contained in any law defining the powers, duties or obligations of a local authority.", "name": "Effect of other laws", "related_acts": "", "section_id": 14 } ], "text": "An Ordinance to make special provisions in regard to public health.1♣ WHEREAS an emergency has arisen which renders it necessary to make special provision for preventing the spread of human disease, safeguarding the public health and providing and maintaining adequate medical services and other services essential to the health 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": 211, "lower_text": [ "1 Throughout this Ordinance, unless otherwise provided, the words “Bangladesh”, “Government”, “Penal Code” and “High Court Division” were substituted for the words “Pakistan”, “appropriate Government”, “Pakistan Penal Code” and “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 Clause (a) 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 “more than one” 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 “each such” 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 brackets and the words “(being a Government referred to in the said Schedule)” 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 words “where loss has been caused to Government and one or more local authorities or to more than one” were substituted for the words “where there is more than one such Government or” 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 Ordinance, 1944", "num_of_sections": 15, "published_date": "23rd August, 1944", "related_act": [ 211, 430, 86 ], "repelled": false, "sections": [ { "act_id": 211, "details": "1. (l) This Ordinance may be called the Criminal Law Amendment Ordinance, 1944. (2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh and public servants wherever they may be. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "211", "section_id": 1 }, { "act_id": 211, "details": "2. (1) In this Ordinance, unless there is anything repugnant in the subject or context,- 2* * * (b) “public servant” includes a public servant as defined in section 21 of the Penal Code, and also every railway employee, or employee of such organisation or body corporate as may be notified in the official Gazette by the Government;  (c) “scheduled offence” means an offence specified in the schedule to this Ordinance. (2) For the purpose of this Ordinance the date of the termination of criminal proceedings shall be deemed to be- (a) where such proceedings are taken to the High Court Division, whether in appeal or on revision, the date on which the High Court Division passes its final orders in such appeal or revision, or (b) where such proceedings are not taken to the High Court Division the day immediately following the expiry of sixty days from the date of the last judgment or order of a criminal Court in the proceedings.", "name": "Interpretation", "related_acts": "", "section_id": 2 }, { "act_id": 211, "details": "3. (1) Where the Government has reason to believe that any person has committed (whether after the commencement of this Ordinance or not) any scheduled offence, the Government may, whether or not any Court has taken cognizance of the offence, authorise the making of an application to the District Judge within the local limits of whose jurisdiction the said person ordinarily resides or carries on his business, for the attachment under this Ordinance of the money or other property which the Government believes the said person to have procured by means of the offence, or if such money or other property cannot for any reason be attached, of other property of the said person of value as nearly as may be equivalent to that of the aforesaid money or other property. (2) The provisions of Order XXVII of the First Schedule to the Code of Civil Procedure, 1908 shall apply to proceedings for an order of attachment under this Ordinance as they apply to suits by the Government. (3) An application under sub section (1) shall be accompanied by one or more affidavits stating the grounds on which the belief that the said person has committed any scheduled offence is founded, and the amount of money or the value of other property believed to have been procured by means of the offence; the application shall also furnish- (a)\tany information available as to the location for the time being of any such money or other property, and shall, if necessary, give particulars, including the estimated value, of other property of the said person; (b)\tthe names and addresses of any other persons believed to have, or to be likely to claim, any interest or title in the property of the said person.", "name": "Application for attachment of property", "related_acts": "86", "section_id": 3 }, { "act_id": 211, "details": "4. (1) Upon receipt of an application under section 3, the District Judge shall, unless for reasons to be recorded in writing he is of opinion that there exist no prima facie grounds for believing that the person in respect of whom the application is made has committed any scheduled offence or that he has procured thereby any money or other property, pass without delay an ad interim order attaching the money or other property alleged to have been so procured, or if it transpires that such money or other property is not available for attachment, such other property of the said person of equivalent value as the District Judge may think fit: Provided that the District Judge may if he thinks fit before passing such order, and shall before refusing to pass such order, examine the person or persons making the affidavits accompanying the application. (2) At the same time as he passes an order under sub section (1), the District Judge shall issue to the person whose money or other property is being attached a notice, accompanied by copies of the order, the application and affidavits and of the evidence, if any, recorded, calling upon him to show cause on a date to be specified in the notice why the order of attachment should not be made absolute. (3) The District Judge shall also issue notices, accompanied by copies of the documents accompanying the notice under sub-section (2), to all persons represented to him as having, or being likely to claim, any interest or title in the property of the person to whom notice is issued under the said sub section, calling upon each such person to appear on the same date as that specified in the notice under the said sub section and make objection if he so desires to the attachment of the property or any portion thereof on the ground that he has an interest in such property or portion thereof. (4) Any other person claiming an interest in the attached property or any portion thereof may, notwithstanding that no notice has been served upon him under this section, make an objection as aforesaid to the District Judge at any time before an order is passed under sub section (1) or sub section (3), as the case may be, of section 5.", "name": "Ad interim attachment", "related_acts": "", "section_id": 4 }, { "act_id": 211, "details": "5. (1) If no cause is shown and no objections are made under section 4 on or before the specified date, the District Judge shall forthwith pass an order making the ad interim order of attachment absolute. (2) If cause is shown or any objections are made as aforesaid, the District Judge shall proceed to investigate the same, and in so doing, as regards the examination of the parties and in all other respects he shall, subject to the provisions of this Ordinance, follow the procedure and exercise all the powers of a Court in hearing a suit under the Code of Civil Procedure, 1908; and any person making an objection under section 4 shall be required to adduce evidence to show that at the date of the attachment he had some interest in the property attached. (3) After investigation under sub section (2), the District Judge shall pass an order either making the ad interim order of attachment absolute or varying it by releasing a portion of the property from attachment or withdrawing the order: Provided that the District Judge shall not- (a)\trelease from attachment any interest which he is satisfied that the person believed to have committed a scheduled offence has in the property, unless he is also satisfied that there will remain under attachment an amount of the said person's property of value not less than that of the property believed to have been procured by the said person by means of the offence, or (b)\twithdraw the order of attachment unless he is satisfied that the said person has not by means of the said offence procured any money or other property.", "name": "Investigation of objections to attachment", "related_acts": "86", "section_id": 5 }, { "act_id": 211, "details": "6. (1) Where the assets available for attachment of a person believed to have committed a scheduled offence are found to be less than the amount or value which he is believed to have procured by means of such offence, and where the District Judge is satisfied, by affidavit or otherwise, that there is reasonable cause for believing that the said person has, after the date on which the offence is alleged to have been committed, transferred (whether after the commencement of this Ordinance or not) any of his property otherwise than in good faith and for consideration, the District Judge may by notice require any transferee of such property (whether or not he received the property directly from the said person) to appear on a date to be specified in the notice and show cause why so much of the transferee's property as is equivalent to the proper value of the property transferred should not be attached. (2) Where the said transferee does not appear and show cause on the specified date, or where after investigation in the manner provided in sub section (2) of section 5, the District Judge is satisfied that the transfer of the property to the said transferee was not in good faith and for consideration, the District Judge shall order the attachment of so much of the said transferee's property as is in the opinion of the District Judge equivalent to the proper value of the property transferred.", "name": "Attachment of property of mala fide transferees", "related_acts": "", "section_id": 6 }, { "act_id": 211, "details": "7. An order of attachment of property under this Ordinance shall be carried into effect so far as may be practicable in the manner provided in the Code of Civil Procedure, 1908, for the attachment of property in execution of a decree.", "name": "Execution of orders of attachment", "related_acts": "86", "section_id": 7 }, { "act_id": 211, "details": "8. Any person whose property has been or is about to be attached under this Ordinance may at any time apply to the District Judge to be permitted to give security in lieu of such attachment, and where the security offered and given is in the opinion of the District Judge satisfactory and sufficient, he may withdraw or, as the case may be, refrain from passing, the order of attachment.", "name": "Security in lieu of attachment", "related_acts": "", "section_id": 8 }, { "act_id": 211, "details": "9. (1) The District Judge may, on the application of any person interested in any property attached under this Ordinance and after giving the agent of the Government an opportunity of being heard, make such orders as the District Judge considers just and reasonable for (a) \tproviding from such of the attached property as the applicant claims an interest in, such sums as may be reasonably necessary for the maintenance of the applicant and of his family, and for the expenses connected with the defence of the applicant where criminal proceedings have been instituted against him in any Court for a scheduled offence;  (b) \tsafeguarding so far as may be practicable the interests of any business affected by the attachment, and in particular, the interests of any partners in such business. (2) Where it appears to the District Judge to be just and convenient, he may by order appoint a receiver to manage any property attached under this Ordinance in accordance with such instructions as the District Judge may from time to time think fit to give; and where a receiver is so appointed, the provisions of rules 2, 3, 4 and 5 of Order XL of the First Schedule to the Code of Civil Procedure, 1908, shall be applicable.", "name": "Administration of attached property", "related_acts": "86", "section_id": 9 }, { "act_id": 211, "details": "10. An order of attachment of property under this Ordinance shall, unless it is withdrawn earlier in accordance with the provisions of this Ordinance, continue in force- (a) \twhere no Court has taken cognizance of the alleged scheduled offence at the time when the order is applied for, for three months from the date of the order under sub section (1) of section 4 or sub section (2) of section 6, as the case may be, unless cognizance of such offence is in the meantime so taken, or unless the District Judge on application by the agent of the Government thinks it proper and just that the period should be extended and passes an order accordingly; or (b)\twhere a Court has taken cognizance of the alleged scheduled offence, whether before or after the time when the order was applied for, until orders are passed by the District Judge in accordance with the provisions of this Ordinance after the termination of the criminal proceedings.", "name": "Duration of attachment", "related_acts": "", "section_id": 10 }, { "act_id": 211, "details": "11. (1) The Government or any person who has shown cause under section 4 or section 6 or has made an objection under section 4 or has made an application under section 8 or section 9, if aggrieved by any order of the District Judge under any of the foregoing provisions of this Ordinance, may appeal to the High Court Division within thirty days from the date on which the order complained against was passed. (2) Upon any appeal under this section the High Court Division may, after giving such parties as it thinks proper an opportunity of being heard, pass such orders as it thinks fit. (3) Until an appeal under this section is finally disposed of by the High Court Division, no Court shall, otherwise than in accordance with the provisions of section 8 or section 13, order the withdrawal or suspension of any order of attachment to which the appeal relates.", "name": "Appeals", "related_acts": "", "section_id": 11 }, { "act_id": 211, "details": "12. (1) Where before judgment is pronounced in any criminal trial for a scheduled offence it is represented to the Court that an order of attachment of property has been passed under this Ordinance in connection with such offence, the Court shall, if it is convicting the accused, record a finding as to the amount of money or value of other property procured by the accused by means of the offence. (2) In any appeal or revisional proceedings against such conviction, the appellate or revisional Court shall, unless it sets aside the conviction either confirm such finding or modify it in such manner as it thinks proper. (3) In any appeal or revisional proceedings against an order of acquittal passed in a trial such as is referred to in sub section (1), the appellate or revisional Court, if it convicts the accused, shall record a finding such as is referred to in that sub section. (4) Where the accused is convicted of a scheduled offence other than one specified in item 1 of the Schedule to this Ordinance and where it appears that the offence has caused loss to 3* * * Government referred to in the said Schedule or local authority, the finding referred to in this section shall indicate the amount of loss sustained by 4* * * Government or local authority. (5) Where the accused is convicted at the same trial of one or more offences specified in item 1 of the Schedule to this Ordinance and of one or more offences specified in any of the other items of the said Schedule, the finding referred to in this section shall indicate separately the amounts procured by means of the two classes of offences.", "name": "Criminal Courts to evaluate property procured by scheduled offences", "related_acts": "", "section_id": 12 }, { "act_id": 211, "details": "13. (1) Upon the termination of any criminal proceedings for any scheduled offence in respect of which any order of attachment of property has been made under this Ordinance or security given in lieu thereof, the agent of the Government shall without delay inform the District Judge, and shall where criminal proceedings have been taken in any Court, furnish the District Judge with a copy of the judgment or order of the trying Court and with copies of the judgments or orders, if any, of the appellate or revisional Courts thereon. (2) Where it is reported to the District Judge under sub section (1) that cognizance of the alleged scheduled offence has not been taken or where the final judgment or order of the criminal Courts is one of acquittal, the District Judge shall forthwith withdraw any orders of attachment of property made in connection with the offence, or where security has been given in lieu of such attachment, order such security to be returned. (3) Where the final judgment or order of the criminal Courts is one of the conviction, the District Judge shall order that from the property of the convicted person attached under this Ordinance or out of the security given in lieu of such attachment, there shall be forfeited to Government such amount or value as is found in the final judgment or order of the criminal Courts in pursuance of section 12 to have been procured by the convicted person by means of the offence, together with the costs of attachment as determined by the District Judge; and where the final judgment or order of the criminal Courts has imposed or upheld a sentence of fine on the said person (whether alone or in conjunction with any other punishment), the District Judge may order, without prejudice to any other mode of recovery, that the said fine shall be recovered from the residue of the said attached property or of the security given in lieu of attachment. (4) Where the amounts ordered to be forfeited or recovered under sub section (3) exceed the value of the property of the convicted person attached, and where the property of any transferee of the convicted person has been attached under section 6, the District Judge shall order that the balance of the amount ordered to be forfeited under sub section (3) together with the costs of attachment of the transferee's property as determined by the District Judge shall be forfeited to Government from the attached property of the transferee or out of the security given in lieu of such attachment; and the District Judge may order, without prejudice to any other mode of recovery, that any fine referred to in sub section (3) or any portion thereof not recovered under that sub section shall be recovered from that attached property of the transferee or out of the security given in lieu of such attachment. (5) If any property remains under attachment in respect of any scheduled offence or any security given in lieu of such attachment remains with the District Judge after his orders under sub sections (3) and (4) have been carried into effect, the order of attachment in respect of such property remaining shall be forthwith withdrawn, or as the case may be, the remainder of the security returned, under the orders of the District Judge. (6) Every sum ordered to be forfeited under this section in connection with any scheduled offence other than one specified in item 1 of the Schedule to this Ordinance shall, after deduction of the costs of attachment as determined by the District Judge, be credited to the Government 5* * * or local authority to which the offence has caused loss, or 6where loss has been caused to Government and one or more local authorities or to more than one local authority, the sum shall, after such deduction as aforesaid, be distributed among them in proportion to the loss sustained by each.", "name": "Disposal of attached property upon termination of criminal proceedings", "related_acts": "", "section_id": 13 }, { "act_id": 211, "details": "14. Save as provided in section 11 and notwithstanding anything contained in any other law,- (a)\tno suit or other legal proceeding shall be maintainable in any Court- (i)\tin respect of any property ordered to be forfeited under section 13 or which has been taken in recovery of fine in pursuance of an order under that section, or  (ii)\twhile any other property is attached under this Ordinance, in respect of such other property,- by any person upon whom a notice has been served under section 4 or section 6 or who has made an objection under sub-section (4) of section 4; and (b) \tno Court shall, in any legal proceedings or otherwise, pass any decree or order, other than a final decree in a suit by a person not being a person referred to in clause (a), which shall have the effect of nullifying or affecting in any way any subsisting order of attachment of property under this Ordinance, or the right of the District Judge to hold security in lieu of any such order of attachment.", "name": "Bar to other proceedings", "related_acts": "", "section_id": 14 }, { "act_id": 211, "details": "15. No suit, prosecution or other legal proceedings shall lie against any person for anything in good faith done or intended to be done in pursuance of this Ordinance.", "name": "Protection of action taken", "related_acts": "", "section_id": 15 } ], "text": "An Ordinance to prevent the disposal or concealment of property procured by means of certain offences. 1♣ WHEREAS an emergency has arisen which makes it necessary to provide for preventing the disposal or concealment of money or other property procured by means of certain offences punishable under the Penal Code; NOW, THREFORE, 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": 212, "lower_text": [ "1 Throughout this Ordinance, 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)", "2 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)", "3 The words “India or 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)", "4 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 Post Office National Savings Certificates Ordinance, 1944", "num_of_sections": 6, "published_date": "9th September, 1944", "related_act": [ 33, 212, 28, 430 ], "repelled": false, "sections": [ { "act_id": 212, "details": "1. (1) This Ordinance may be called the Post Office National Savings Certificates Ordinance, 1944. (2) It applies to- (a)\tPost Office Twelve-Year National Savings Certificates issued in pursuance of the Notification of the Government of India in the Finance Department, No. F. 17(100)-F/43, dated the 4th September, 1943, and (b)\tany other classes of savings certificates to which the Government may from time to time by notification in the official Gazette direct that the provisions of this Ordinance shall apply. (3) It shall come into force at once.", "name": "Short title, application and commencement", "related_acts": "212", "section_id": 1 }, { "act_id": 212, "details": "2. In this Ordinance- (a)\t“minor” means a person who is not deemed to have attained his majority under the Majority Act, 1875;  (b)\t“savings certificate” includes a Post Office Twelve-Year National Savings Certificate referred to in clause (a) of sub-section (2) of section 1 and a savings certificate of any other class to which the provisions of this Ordinance have been applied by a direction in pursuance of clause (b) of that sub-section; (c)\t“transfer” means a transfer inter vivos and does not include a transfer by operation of law.", "name": "Interpretation", "related_acts": "33", "section_id": 2 }, { "act_id": 212, "details": "3. 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 Ordinance or, as the case may be, before or after the making of a direction in pursuance of clause (b) of sub-section (2) of section 1, of a savings certificate shall be valid without the previous consent in writing of an officer of the Post Office authorised by general or special order of the Government in that behalf.", "name": "Restriction of transfer", "related_acts": "", "section_id": 3 }, { "act_id": 212, "details": "4. (1) If a person dies and is at the time of his death the holder of a savings certificate, payment of the sum for the time being due thereon 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 person, and the provisions of section 4 to 9 of the said Act shall apply accordingly as if the holder of the savings certificate were a depositor in a Government Savings Bank and the sum for the time being due on the certificate were a deposit in such a Bank: Provided that in such application section 8 of the said Act shall be construed as if the reference therein to three thousand 2Taka were a reference to the amount of the maximum holding of savings certificates prescribed in the rules made or deemed to have been made under this Ordinance applicable to the particular savings certificate: Provided further that- (a) \tthe power conferred by the said provisions on the Secretary of a Government Savings Banks shall be exercisable by the Postmaster-General for the area within which the post office of issue of such savings certificate is situated or if that area is in 3India or Pakistan, by the Postmaster-General for such area in 4Bangladesh as the Government may by a general or special order specify in this behalf. (b)\twhere in any one case payment is to be made of savings 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 situated. (2) Nothing in sub-section (1) shall be deemed to require any person to accept payment of the amount due on a savings certificate before it has reached maturity.", "name": "Payment on death of holder of savings certificate", "related_acts": "28", "section_id": 4 }, { "act_id": 212, "details": "5. Notwithstanding any provision in any enactment or any rule of law for the time being in force to the contrary,- (1) \ta minor may apply for and hold savings certificates and any person may apply for and hold savings certificates on behalf of a minor; (2)\twhere any certificate is held by or on behalf of a minor, the minor shall, whether the certificate was applied for and issued before or after the commencement of this Ordinance or, as the case may be, before or after the making of a direction in respect of such certificate in pursuance of clause (b) of sub-section (2) of section 1, be bound by the provisions of this Ordinance and of any rules made or deemed to have been made thereunder applicable to such savings certificate and by the terms of any declaration made by the applicant for the certificate in pursuance of the said rules; (3)\tpayment of the sum for the time being due on a savings certificate held by or on behalf of a minor may be made- (a) \tto him personally, if he himself applied for the certificate, or  (b)\tfor the use of the minor, if the application for the certificate was made by any person other the minor,- (i)\tto any such person, being a parent of the minor or guardian of his property, as may be nominated in that behalf in the form of application, or (ii)\tif no such nomination has been made, to any guardian of the property of the minor appointed by a competent Court, or where no such guardian has been so appointed, to either parent of the minor, or where neither parent is alive, to any other guardian of the minor,- and the receipt of the minor or, as the case may be, of his parent or guardian for any sum paid under this clause shall be a sufficient discharge thereof.", "name": "Holdings by or on behalf of minors", "related_acts": "", "section_id": 5 }, { "act_id": 212, "details": "6. (1) The Government may by notification in the official Gazette make rules relating to any class of savings certificate. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for the application for, the issue, maximum limits of holding and discharge of, and conditions as to interest or discount relating to, any class of savings certificate, and may also provide- (a)\tthat where any such maximum limits of holdings are exceeded, no interest shall be payable on the amount of such excess; (b)\tthat if any interest has been paid on any amount of such excess, it shall be recoverable as an arrear of land-revenue or in such other manner as the rules may prescribe. (3) All rules relating to- (a)\tthe Post Office Twelve-Year National Savings Certificates in force at the commencement of this Ordinance, (b) \tany other class of savings certificate in force at the time when a direction in pursuance of clause (b) of sub-section (2) of section 1 is made in respect thereof- shall, so far as they are not inconsistent with the provisions of this Ordinance, continue in force until they are duly rescinded or amended, and shall be deemed to have been made under this Ordinance.", "name": "Rules", "related_acts": "", "section_id": 6 } ], "text": "An Ordinance to make certain provision in respect of Post Office Twelve-Year National Savings Certificates and other classes of Savings Certificates.1♣ WHEREAS an emergency has arisen which renders it necessary to make certain provision in respect of Post Office Twelve-Year National Savings Certificates and other classes of Savings Certificates; 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": 213, "lower_text": [ "1 Throughout this Act, unless otherwise provided, the words “Bangladesh” and “Government” were substituted for the word “Pakistan” and “Central 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, comma and figure “Factories Act, 1965” were substituted for the words, comma and figure “Factories Act, 1934” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "3 The words “six poisha” were substituted for the words “ one anna” 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 Section 17A was inserted by section 3 of the Coconut and Oilseeds Committees Acts (Amendment) Ordinance, 1962 (Ordinance No. XXV of 1962)", "6 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)" ], "name": "The Oilseeds Committee Act, 1946", "num_of_sections": 20, "published_date": "18th April, 1946", "related_act": [ 213, 430, 189 ], "repelled": false, "sections": [ { "act_id": 213, "details": "1. (1) This Act may be called the Oilseeds Committee Act, 1946. (2) It extends to the whole of Bangladesh.", "name": "Short title and extent", "related_acts": "213", "section_id": 1 }, { "act_id": 213, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \t“Collector” means the officer appointed by the Government to perform in any specified area the duties of a Collector under the provisions of this Act and the rules made thereunder, and includes any officer subordinate to that officer whom he may by order in writing authorise to perform his duties under those provisions; (b)\t“the Committee” means the Bangladesh 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“grower” means an agriculturist who grows oilseeds, with or without the aid of hired labour; (d)\t“mill” means any place in which oilseeds are crushed with the aid of power, which is a factory as defined in section 2 of the 2Factories Act, 1965; (e) \t“oilseeds” does not include coconuts; (f)\t“prescribed” means prescribed by rules made under this Act.", "name": "Definitions", "related_acts": "189", "section_id": 2 }, { "act_id": 213, "details": "3. (1) There shall be levied and collected on and after the date of the commencement of this Act as cesses for the purposes of this Act,- (a)\ton all oils extracted from oilseeds crushed in any mill in Bangladesh, whether the oilseeds are produced in or imported from outside Bangladesh, a duty of excise at the rate of 3six poisha per maund, and (b)\ton all oilseeds exported out of Bangladesh to a destination outside Bangladesh, a duty of customs at the rate of 4twelve poisha per maund: Provided that the Government may from time to time fix by notification in the official Gazette a different rate at which the duty of excise or duty of customs shall be levied and collected: Provided further that no such duty of customs shall be levied on any oilseeds exported under a contract for export entered into before the aforesaid date. (2) On the last day of each month, or as soon thereafter as may be convenient, the proceeds of the duties recovered during that month shall, after deduction of the expenses, if any, of collection and recovery, be paid to the Committee. (3) The proceeds of the duties recovered since the fifteenth day of August 1947 after deduction of the expenses, if any, of collection and recovery shall be paid to the Committee forthwith.", "name": "Imposition of oilseeds cess", "related_acts": "", "section_id": 3 }, { "act_id": 213, "details": "4. Constitution of Indian Oilseeds Committee.- Omitted by section 7 of the Oilseeds Committee (Amendment) Act, 1950 (Act No. XIX of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 4 }, { "act_id": 213, "details": "5. Incorporation of the Committee.- Omitted by section 7 of the Oilseeds Committee (Amendment) Act, 1950 (Act No. XIX of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 5 }, { "act_id": 213, "details": "6. Vacancies.- Omitted by section 7 of the Oilseeds Committee (Amendment) Act, 1950 (Act No. XIX of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 6 }, { "act_id": 213, "details": "7. President of Committee, Secretary, Sub committees and staff.- Omitted by section 7 of the Oilseeds Committee (Amendment) Act, 1950 (Act No. XIX of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 7 }, { "act_id": 213, "details": "8. Appointment of officers.- Omitted by section 7 of the Oilseeds Committee (Amendment) Act, 1950 (Act No. XIX of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 8 }, { "act_id": 213, "details": "9. (1) The Committee shall take such measures as it may consider necessary or expedient for the improvement and development of the cultivation and marketing of oilseeds and of the production, utilisation and marketing of oilseed products. (2) Without prejudice to the generality of the foregoing power, the Committee may defray expenditure involved in- (a) undertaking, assisting or encouraging agricultural, industrial, technological and economic research, including research into the food value of oilseeds and oilseed products; (b) supplying technical advice to growers and millers;  (c) encouraging the adoption of improved methods of cultivation and storage of oilseeds; (d) producing, testing and distributing improved varieties of oilseeds or assisting such work; (e) assisting in the control of insect and other pests and diseases of oilseeds both in the field and in storage; (f) promoting the improvement of the marketing of oilseeds and their products including the setting up and adoption of grade standards for oilseeds and their products; (g) collecting statistics from growers, dealers and millers on all relevant matters and promoting improvement in the forecasting of oilseed crops and the preparation of all relevant statistics relating to oilseeds and oilseed products; (h) maintaining, and assisting in the maintenance of, such institutes, farms and stations as it may consider necessary; (i) advising and providing assistance on all matters connected with the improvement of the cultivation of oilseeds (including advising on the best and most suitable varieties of oilseeds to be cultivated) and the improvement of the industries using oilseeds or their products; (j) promoting and encouraging the co operative movement in the oilseeds industry; (k) adopting such measures as may be practicable for assuring remunerative returns to growers; (l) organising the establishment of growers', millers' and consumers' associations; (m) aiding and encouraging the establishment of exhibitions for demonstrating the uses of oilseeds and oilseed products; (n) adopting any other measures or performing any other duties which it may be required by the Government to adopt or perform or which the Committee may itself think necessary or advisable in order to carry out the purposes of this Act.", "name": "Application of fund", "related_acts": "", "section_id": 9 }, { "act_id": 213, "details": "10. (1) The owner of every mill shall furnish to the Collector, on or before the 7th day of each month, a return stating the total amount of oils extracted 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 oils extracted before the commencement of this Act. (2) Every 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": 10 }, { "act_id": 213, "details": "11. (1) On receiving any return made under section 10, the Collector shall assess the amount of the duty of excise payable under section 3 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 thirty days of the service of the notice. (2) If the owner of any mill fails to furnish in due time the return referred to in sub section (1) of section 10 or furnishes a return which the Collector has reason to believe is incorrect, or defective, the Collector shall assess the amount, if any, payable by him in such manner 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 duty of excise 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) A 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 duty of excise", "related_acts": "", "section_id": 11 }, { "act_id": 213, "details": "12. (1) Any owner of a mill who is aggrieved by an assessment made under section 11 may, within three months of service of the notice referred to in sub section (1) of that section, apply to the District Judge, for the cancellation or modification of the assessment and, on such application, the said Judge 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. (2) The decision under sub section (1) of the District Judge shall be final. (3) Any sum recoverable under section 11 may be recovered as an arrear of land revenue.", "name": "Finality of assessment and recovery of unpaid duty of excise", "related_acts": "", "section_id": 12 }, { "act_id": 213, "details": "13. (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) The Collector or any such officer may, at any time during working hours, with or without notice to the owner, examine the purchase, sale and stock records and accounts of any mill and take copies of or extracts from all or any of the said records or accounts for the 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: Provided that nothing in this section shall be deemed to authorise the examination of any description or formulae of any trade process.", "name": "Power to inspect mills and take copies of records and accounts", "related_acts": "", "section_id": 13 }, { "act_id": 213, "details": "14. (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) If 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": 14 }, { "act_id": 213, "details": "15. Keeping and auditing of accounts.- Omitted by section 10 of the Oilseeds Committee (Amendment) Act, 1950 (Act No. XIX of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 15 }, { "act_id": 213, "details": "16. Dissolution of Committee.- Omitted by section 10 of the Oilseeds Committee (Amendment) Act, 1950 (Act No. XIX of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 16 }, { "act_id": 213, "details": "17. (1) The Government may, after previous publication, make rules for the purpose of carrying into effect the provisions of this Act. (2) Omitted by section 11 of the Oilseeds Committee (Amendment) Act, 1950 (Act No. XIX of 1950).", "name": "Power of the Government to make rules", "related_acts": "", "section_id": 17 }, { "act_id": 213, "details": "517A. Rules made under section 17 may provide that a breach of any of them shall be punishable with fine not exceeding one thousand 6Taka.", "name": "Penalty for contravention of rules", "related_acts": "", "section_id": 18 }, { "act_id": 213, "details": "18. Power of the Committee to make regulations.- Omitted by section 12 of the Oilseeds Committee (Amendment) Act, 1950 (Act No. XIX of 1950).", "name": "Omitted.", "related_acts": "", "section_id": 19 }, { "act_id": 213, "details": "19. All rules made under section 17 shall be published in the official Gazette.", "name": "Publication of rules and regulations", "related_acts": "", "section_id": 20 } ], "text": "An Act to provide for financing a Committee for the improvement and development of the cultivation and marketing of oilseeds and of the production, manufacture and marketing of oilseed products.1♣ WHEREAS it is expedient to provide for financing a Committee for the improvement and development of the cultivation and marketing of oilseeds and of the production, manufacture and marketing of oilseed products; It is hereby enacted as follows:-" }

{ "id": 214, "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 Married Women's Right to Separate Residence and Maintenance Act, 1946", "num_of_sections": 3, "published_date": "23rd April, 1946", "related_act": [ 430, 214 ], "repelled": false, "sections": [ { "act_id": 214, "details": "1. (1) This Act may be called the Hindu Married Women's Right to Separate Residence and Maintenance Act, 1946. (2) It extends to the whole of 1Bangladesh.", "name": "Short title and extent", "related_acts": "214", "section_id": 1 }, { "act_id": 214, "details": "2. Notwithstanding any custom or law to the contrary a Hindu married woman shall be entitled to separate residence and maintenance from her husband on one or more of the following grounds, namely,- (1)\tif he is suffering from any loathsome disease not contracted from her; (2)\tif he is guilty of such cruelty towards her as renders it unsafe or undesirable for her to live with him; (3)\tif he is guilty of desertion, that is to say, of abandoning her without her consent or against her wish; (4) \tif he marries again; (5)\tif he ceases to be a Hindu by conversion to another religion; (6)\tif he keeps a concubine in the house or habitually resides with a concubine; (7)\tfor any other justifiable cause: Provided that a Hindu married woman shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by change to another religion or fails without sufficient cause to comply with a decree of a competent Court for the restitution of conjugal rights.", "name": "Grounds for claiming separate residence and maintenance", "related_acts": "", "section_id": 2 }, { "act_id": 214, "details": "3. When allowing a claim for separate residence and maintenance under section 2, the Court shall determine the amount to be paid by the husband to the wife therefore, and in so doing shall have regard to the social standing of the parties and the extent of the husband's means.", "name": "Amount of maintenance", "related_acts": "", "section_id": 3 } ], "text": "An Act to give Hindu married women a right to separate residence and maintenance under certain circumstances. WHEREAS it is expedient to provide for the right to separate residence and maintenance under certain circumstances in the case of Hindu married women; It is hereby enacted as follows:-" }

{ "id": 215, "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 Marriage Disabilities Removal Act, 1946", "num_of_sections": 2, "published_date": "22nd November, 1946", "related_act": [ 430, 215 ], "repelled": false, "sections": [ { "act_id": 215, "details": "1. (1) This Act may be called the Hindu Marriage Disabilities Removal Act, 1946. (2) It extends to the whole of 1Bangladesh.", "name": "Short title and extent", "related_acts": "215", "section_id": 1 }, { "act_id": 215, "details": "2. Notwithstanding any text, rule or interpretation of the Hindu Law or any custom or usage, a marriage between Hindus, which is otherwise valid, shall not be invalid by reason only of the fact that the parties thereto- (a)\tbelong to the same gotra or pravara, or (b)\tbelong to different sub divisions of the same caste.", "name": "Marriages between persons of same gotra or pravara or of different sub-divisions of the same caste", "related_acts": "", "section_id": 2 } ], "text": "An Act to remove certain disabilities and doubts under Hindu Law in respect of marriages between Hindus. WHEREAS it is expedient to remove certain disabilities and doubts under the Hindu Law in respect of marriages between Hindus; It is hereby enacted as follows:-" }

{ "id": 216, "lower_text": [ "1 Throughout this Act, the words “Government” and “Bangladesh” were substituted for the words “Central Government” and “Pakistan” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "2 The Proviso was substituted for the former proviso by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "3 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)" ], "name": "The Foreigners Act, 1946", "num_of_sections": 17, "published_date": "23rd November, 1946", "related_act": [ 121, 430, 182, 216, 24 ], "repelled": false, "sections": [ { "act_id": 216, "details": "1. This Act may be called the Foreigners Act, 1946. (2) It extends to the whole of Bangladesh.", "name": "Short title and extent", "related_acts": "216", "section_id": 1 }, { "act_id": 216, "details": "2. In this Act (a)\t“foreigner” means a person who is not a citizen of Bangladesh; (b)\t“prescribed” means prescribed by orders made under this Act; (c)\t“specified” means specified by direction of a prescribed authority.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 216, "details": "3. (1) The Government may by order make provision, either generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed class or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into Bangladesh or their departure therefrom or their presence or continued presence therein. (2) In particular and without prejudice to the generality of the foregoing power, orders made under this section may provide that the foreigner- (a) \tshall not enter Bangladesh, or shall enter Bangladesh only at such times and by such route and at such port or place and subject to the observance of such conditions on arrival as may be prescribed; (b) \tshall not depart from Bangladesh, or shall depart only at such times and by such route and from such port or place and subject to the observance of such conditions on departure as my be prescribed; (c)\tshall not remain in Bangladesh or in any prescribed area therein; (d)\tshall remove himself to, and remain in, such area in Bangladesh as may be prescribed; (e) shall comply with such conditions as may be prescribed or specified- (i) \trequiring him to reside in a particular place; (ii)\timposing any restrictions on his movements; (iii)\trequiring him to furnish such proof of his identity and to report such particulars to such authority in such manner and at such time and place as may be prescribed or specified; (iv)\trequiring him to allow his photograph and finger impressions to be taken and to furnish specimens of his handwriting and signature to such authority and at such time and place as may be prescribed or specified; (v)\trequiring him to submit himself to such medical examination by such authority and at such time and place as may be prescribed or specified; (vi)\tprohibiting him from association with persons of a prescribed or specified description; (vii) prohibiting him from engaging in activities of a prescribed or specified description;  (viii) prohibiting him from using or possessing prescribed or specified articles; (ix)\totherwise regulating his conduct in any such particular as may be prescribed or specified; (f)\tshall enter into a bond with or without sureties for the due observance of, or as an alternative to the enforcement of, any or all prescribed or specified restrictions or conditions; (g)\tshall be arrested and, in the interest of the security of Bangladesh, detained or confined: 2Provided that a person shall not be detained for a period exceeding six months unless an Advisory Board consisting of three persons appointed by the Government, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service of the Republic, has, after affording him an opportunity of being heard in person, reported before the expiration of the said period of six months that there is, in its opinion, sufficient cause for such detention. (3) An order made under sub section (2) may make provision for such incidental and supplementary matters as may, in the opinion of the Government, be expedient or necessary for giving effect to the provisions of this Act. 3* * *", "name": "Power to make orders", "related_acts": "", "section_id": 3 }, { "act_id": 216, "details": "4. (1) Any foreigner (hereinafter referred to as an internee) in respect of whom there is in force any order made under clause (g) of sub section (2) of section 3, directing that he be detained or confined, shall be detained or confined in such place and manner and subject to such conditions as to maintenance, discipline and the punishment of offences and breaches of discipline as the Government may from time to time determine. (2) Any foreigner (hereinafter referred to as a person on parole) in respect of whom there is in force an order under clause (e) of sub section (2) of section 3 requiring him to reside at a place set apart for the residence under supervision of a number of foreigners, shall while residing therein be subject to such conditions as to maintenance, discipline and the punishment of offences and breaches of discipline as the Government may from time to time by order determine. (3) No person shall- (a) \tknowingly assist an internee or a person on parole to escape from custody or the place set apart for his residence, or knowingly harbour an escaped internee or person on parole, or (b) \tgive an escaped internee or a person on parole any assistance with intent thereby to prevent, hinder or interfere with the apprehension of the internee or the person on parole. (4) The Government may by order provide for regulating access to, and the conduct of persons in, places in Bangladesh where internees or persons on parole are detained or restricted, as the case may be, and for prohibiting or regulating the despatch or conveyance from outside such places to or for internees or persons on parole therein of such articles as may be prescribed.", "name": "Internees", "related_acts": "", "section_id": 4 }, { "act_id": 216, "details": "5. (1) No foreigner who was in Bangladesh on the date on which this Act came into force shall, while in Bangladesh after that date, assume or use or purport to assume or use for any purpose any name other than that by which he was ordinarily known immediately before the said date. (2) Where, after the date on which this Act came into force, any foreigner carries on or purports to carry on (whether alone or in association with any other person) any trade or business under any name or style, other than that under which that trade or business was being carried on immediately before the said date, he shall, for the purposes of sub section (1), be deemed to be using a name other than that by which he was ordinarily known immediately before the said date. (3) In relation to any foreigner who, not having been in Bangladesh on the date on which this Act came into force, thereafter enters Bangladesh, sub sections (1) and (2) shall have effect as if for any reference in those sub sections to the date on which this Act came into force there were substituted a reference to the date on which he first enters Bangladesh thereafter. (4) For the purposes of this section (a) \tthe expression “name” includes a surname, and (b)\ta name shall be deemed to be changed if the spelling thereof is altered. (5) Nothing in this section shall apply to the assumption or use- (a)\tof any name in pursuance of a permission granted by the Government; or (b) \tby any married woman, of her husband's name.", "name": "Change of name", "related_acts": "", "section_id": 5 }, { "act_id": 216, "details": "6. (1) The master of any vessel landing or embarking at a port in Bangladesh, passengers coming to or going from that port by sea and the pilot of any aircraft landing or embarking at any place in Bangladesh, passengers coming to or going from that place by air, shall furnish to such person and in such manner as may be prescribed a return giving the prescribed particulars with respect to any passengers or members of the crew, who are foreigners. (2) Any District Magistrate and any Superintendent of Police may, for any purpose connected with the enforcement of this Act or any order made thereunder, require the master of any such vessel or the pilot of any such aircraft to furnish such information as may be prescribed in respect of passengers or members of the crew on such vessel or aircraft, as the case may be. (3) Any passenger on such vessel or such aircraft and any member of the crew of such vessel or aircraft shall furnish to the master of the vessel or the pilot of the aircraft, as the case may be, any information required by him for the purpose of furnishing the return referred to in sub section (1) or for furnishing the information required under sub section (2). (4) For the purposes of this section- (a) \t“master of a vessel” and “pilot of any aircraft” shall include any person authorised by such master or pilot, as the case may be, to discharge on his behalf any of the duties imposed on him by this section; (b) \t“passenger” means any person on boat being a bona fide member of the crew, travelling or seeking to travel on a vessel or aircraft.", "name": "Obligations of masters of vessels, etc.", "related_acts": "", "section_id": 6 }, { "act_id": 216, "details": "7. (1) It shall be the duty of the keeper of any premises whether furnished or unfurnished where lodging or sleeping accommodation is provided for reward, to submit to such person and in such manner such information in respect of foreigners accommodated in such premises, as may be prescribed. Explanation. The information referred to in this sub section may relate to all or any of the foreigners accommodated at such premises and may be required to be submitted periodically or at any specific time or occasion. (2) Every person accommodated in any such premises shall furnish to the keeper thereof a statement containing such particulars as may be required by the keeper for the purpose of furnishing the information referred to in sub section (1). (3) The keeper of every such premises shall maintain a record of the information furnished by him under sub section (1) and of the information obtained by him under sub section (2) and such record shall be maintained in such manner and preserved for such period as may be prescribed, and shall at all times be open to inspection by any police officer or by a person authorised in this behalf by the District Magistrate.", "name": "Obligation of hotel keepers and others to furnish particulars", "related_acts": "", "section_id": 7 }, { "act_id": 216, "details": "8. (1) When a foreigner is recognised as a national by the law of more than one foreign country or where for any reason it is uncertain what nationality if any is to be ascribed to a foreigner, that foreigner may be treated as the national of the country with which he appears to the prescribed authority to be most closely connected for the time being in interest or sympathy or if he is of uncertain nationality, of the country with which he was last so connected: Provided that where a foreigner acquired a nationality by birth, he shall, except where the Government so directs either generally or in a particular case, be deemed to retain that nationality unless he proves to the satisfaction of the said authority that he has subsequently acquired by naturalisation or otherwise some other nationality and still recognised as entitled to protection by the Government of the country whose nationality he has so acquired. (2) A decision as to nationality given under sub section (1) shall be final and shall not be called in question in any Court: Provided that the Government, either of its own motion or on an application by the foreigners concerned, may revise any such decision.", "name": "Determination of nationality", "related_acts": "", "section_id": 8 }, { "act_id": 216, "details": "9. If in any case not falling under section 8 any question arises with reference to this Act or any order made or direction given 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": 9 }, { "act_id": 216, "details": "10. The Government may by order declare that any or all of the provisions of this Act or the orders made thereunder shall not apply, or shall apply only with such modifications or subject to such conditions as may be specified, to or in relation to any individual foreigner or any class or description of foreigner.", "name": "Power to exempt from application of Act", "related_acts": "", "section_id": 10 }, { "act_id": 216, "details": "11. (1) Any authority empowered by or under or in pursuance of the provisions of this Act to give any direction or to exercise any other power, may, in addition to any other action expressly provided for in this Act, take, or cause to be taken such steps and use, or cause to be used, such force as may, in its opinion, be reasonably necessary for securing compliance with such direction or for preventing or rectifying any breach thereof, or for the effective exercise of such power, as the case may be. (2) Any police officer may take such steps and use such force as may, in his opinion, be reasonably necessary for securing compliance with any order made or direction given under or in pursuance of the provisions of this Act or for preventing or rectifying any breach of such order or direction. (3) The power conferred by this section shall be deemed to confer upon any person acting in exercise thereof a right of access to any land or other property whatsoever.", "name": "Power to give effect to orders, directions, etc.", "related_acts": "", "section_id": 11 }, { "act_id": 216, "details": "12. Any authority upon which any power to make or give any direction, consent or permission or to do any other act is conferred by this Act or by any order made thereunder may, unless express provision is made to the contrary, in writing authorise, conditionally or otherwise, any authority subordinate to it to exercise such power on its behalf, and thereupon the said subordinate authority shall, subject to such conditions as may be contained in the authorisation, be deemed to be the authority upon which such power is conferred by or under this Act.", "name": "Power to delegate authority", "related_acts": "", "section_id": 12 }, { "act_id": 216, "details": "13. (1) Any person who attempts to contravene, or abets or attempts to abet, or does any act preparatory to, a contravention, of, the provisions of this Act or of any order made or direction given thereunder, or fails to comply with any direction given in pursuance of any such order, shall be deemed to have contravened the provisions of this Act. (2) Any person who, knowing or having reasonable cause to believe that any other person has contravened the provisions of this Act or of any order made or direction given thereunder, gives that other person any assistance with intent thereby to prevent hinder or otherwise interfere with his arrest, trial or punishment for the said contravention shall be deemed to have abetted that contravention. (3) The master of any vessel or the pilot of any aircraft, as the case may be, by means of which any foreigner enters or leaves Bangladesh in contravention of any order made under, or direction given in pursuance of, section 3 shall, unless he proves that he exercised all due diligence to prevent the said contravention, be deemed to have contravened this Act.", "name": "Attempts, etc., to contravene the provisions of this Act, etc.", "related_acts": "", "section_id": 13 }, { "act_id": 216, "details": "14. If any person contravenes the provisions of this Act or of any order made thereunder, or any direction given in pursuance of this Act or such order, he shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine; and if such person has entered into a bond in pursuance of clause (f) of sub section (2) of section 3, his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the satisfaction of the convicting Court why such penalty should not be paid.", "name": "Penalties", "related_acts": "", "section_id": 14 }, { "act_id": 216, "details": "15. 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": 15 }, { "act_id": 216, "details": "16. The Provisions of this Act shall be in addition to, and not in derogation of, the provisions of the Registration of Foreigners Act, 1939, the Passport Act, 1920, and of any other enactment for the time being in force.", "name": "Application of other laws not barred", "related_acts": "182,121", "section_id": 16 }, { "act_id": 216, "details": "17. Act III of 1864, Act II of 1940, Ordinance XXI of 1946.- 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": 17 } ], "text": "An Act to confer upon the Government certain powers in respect of foreigners.1♣ WHEREAS it is expedient to provide for the exercise by the Government of certain powers in respect of the entry of foreigners into Bangladesh, their presence therein and their departure therefrom; It is hereby enacted as follows:-" }

{ "id": 217, "lower_text": [ "1 The words “the Republic” were substituted for the word “Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "2 The word “authority” was substituted for the words, commas and figures “council as defined in the Basic Democracies Order, 1959, or of a Municipal Committee” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "3 Section 5A was inserted by section 5 of the Criminal Law Amendment Act, 1953 (Act No. XXXVII of 1953)", "4 The words “with both, and the pecuniary resources or property to which the criminal misconduct relates may also be confiscated to the State” were substituted for the words “with both” by section 2 of the Prevention of Corruption (Amendment) Act, 1992 (Act No. VIII of 1992)" ], "name": "The Prevention of Corruption Act, 1947", "num_of_sections": 8, "published_date": "11th March, 1947", "related_act": [ 217, 75, 430 ], "repelled": false, "sections": [ { "act_id": 217, "details": "1. (1) This Act may be called the Prevention of Corruption Act, 1947. (2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh and persons in the service of 1the Republic wherever they may be.", "name": "Short title and extent", "related_acts": "217", "section_id": 1 }, { "act_id": 217, "details": "2. For the purposes of this Act, “public servant” means a public servant as defined in section 21 of the Penal Code and includes an employee of any corporation or other body or organisation set by the Government and includes a Chairman, Vice-Chairman, Member, Officer or other employee of a local 2authority, or a Chairman, Director, Managing Director, Trustee, Member, Officer or other employee of any corporation, or other body or organisation constituted or established under any law.", "name": "Interpretation", "related_acts": "", "section_id": 2 }, { "act_id": 217, "details": "3. An offence punishable under section 161, 162, 163, 164, 165 or 165-A of the Penal Code shall be deemed to be a cognizable offence for the purposes of the Code of Criminal Procedure, 1898, notwithstanding anything to the contrary contained therein.", "name": "Offences under sections 161 and 165 of the Penal Code to be cognizable offences", "related_acts": "75", "section_id": 3 }, { "act_id": 217, "details": "4. (1) Where in any trial of an offence punishable under section 161 or section 165 of the Penal Code, it is proved that an accused person has accepted or obtained, or has agreed to accept or attempted to obtain, for himself or for any other person, any gratification (other than legal remuneration) or any valuable thing from any person, it shall be presumed unless the contrary is proved that he accepted or obtained, or agreed to accept or attempted to obtain, that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in the said section 161, or, as the case may be, without consideration or for a consideration which he knows to be inadequate. (2) Where in any trial of an offence punishable under section 165A of the Penal Code it is proved that any gratification (other than legal remuneration) or any valuable thing has been given or offered to be given or attempted to be given by any accused person, it shall be presumed, unless the contrary is proved, that he gave or offered to give or attempted to give that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in section 161 of the said Code, or, as the case may be, without consideration or for a consideration which he knew to be inadequate. (3) Notwithstanding anything contained in sub-sections (1) and (2), the Court may decline to draw the presumption referred to in either of the said sub-sections if the gratification or thing aforesaid is, in its opinion, so trivial that no inference of corruption may fairly be drawn.", "name": "Presumption where public servant accepts gratification other than legal remuneration", "related_acts": "", "section_id": 4 }, { "act_id": 217, "details": "35A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 no officer below the rank of Inspector of Police shall investigate any offence punishable under any of the sections of the Penal Code mentioned in section 3 or any offence punishable under section 5 without an order of a Magistrate of the first class or make any arrest therefore without a warrant.", "name": "", "related_acts": "75", "section_id": 5 }, { "act_id": 217, "details": "5. (1) A public servant is said to commit the offence of criminal misconduct- (a) \tif he accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification (other than legal remuneration) as a motive or reward such as is mentioned in section 161 of the Penal Code, or (b)\tif he accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person any valuable thing without consideration or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, or (c)\tif he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do, or (d) \tif he, by corrupt or illegal means or by otherwise abusing his position as public servant, obtains or attempts to obtain for himself or for any other person any valuable thing or pecuniary advantage, or (e) \tif he, or any of his dependents, is in possession, for which the public servant cannot reasonably account, of pecuniary resources or of property disproportionate to his known sources of income. Explanation.- In this clause “dependent” in relation to a public servant, means his wife, children and step-children, parents, sisters and minor brothers residing with and wholly dependent on him. (2) Any public servant who commits or attempts to commit criminal misconduct shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or 4with both, and the pecuniary resources or property to which the criminal misconduct relates may also be confiscated to the State. (3) In any trial of an offence punishable under sub-section (2) the fact that the accused person or any other person on his behalf is in possession, for which the accused person cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income may be proved, and on such proof the Court shall presume, unless the contrary is proved, that the accused person is guilty of criminal misconduct and his conviction therefore shall not be invalid by reason only that it is based solely on such presumption. (4) The provisions of this section shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt any public servant from any proceeding which might, apart from this section, be instituted against him.", "name": "Criminal misconduct", "related_acts": "", "section_id": 6 }, { "act_id": 217, "details": "6. Previous sanction necessary for prosecution.- Omitted by section 5 of the Criminal Law Amendment Act, 1953 (Act No. XXXVII of 1953).", "name": "Omitted", "related_acts": "", "section_id": 7 }, { "act_id": 217, "details": "7. Any person charged with an offence punishable under section 161 or section 165 of the Penal Code or under sub-section (2) of section 5 of this Act shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that - (a) \the shall not be called as a witness except on his own request, (b) \this failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to any presumption against himself or any person charged together with him at the same trial,  (c)\the shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of any offence other than the offence with which he is charged, or is of bad character, unless- (i)\tthe proof that he has committed or been convicted of such offence is admissible evidence to show that he is guilty of the offence with which he is charged, or (ii)\the has personally or by his pleader asked questions of any witness for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or of any witness for the prosecution, or (iii)\the has given evidence against any other person charged with the same offence.", "name": "Accused person to be competent witness", "related_acts": "", "section_id": 8 } ], "text": "An Act for the more effective prevention of bribery and corruption.♣ WHEREAS it is expedient to make more effective provision for the prevention of bribery and corruption; It is hereby enacted as follows:-" }

{ "id": 218, "lower_text": [ "1 Throughout this Act, the words “Bangladesh”, “Government”, “the Bangladesh Bank” and “Taka” were substituted for the words “Pakistan”, “Central Government”, “the State Bank” 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 Sub-section (2) was substitued by section 2 of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "3 Clause (aa) was inserted by section 3(a) of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "4 Clause (b) was substitued by section 3(b) of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "5 Clause (bb) and (bbb) were inserted by section 3(c) of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "6 The words, brackets, figure and comma “clause (13) of Article 16 of the Bangladesh Bank order, 1972” were substituted for the words, brackets, figure and comma “clause (8) of section 17 of 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)", "7 Clause (ff) and (fff) were inserted by section 3(d) of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "8 Clause (hh) and (hhh) were inserted by section 3(e) of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "9 Clause (j) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "10 Clause (k) was substitued by section 3(f) of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "11 Clause (kk) was inserted by section 3(g) of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "12 The comma and words ‘‘, after giving the authorized dealer a reasonable opportunity of explaining its position’’ were added after the words “Bangladesh Bank” by section 4(a) of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "13 Sub-section (5) was added by section 4(b) of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "14 Sub-section (5) and (6) were added by section 5 of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "15 The words, figure and commas “section 16 of the Customs Act, 1969,” were substituted for the words, figure and comma “section 19 of the Sea Customs Act, 1878” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "16 The marginal note ‘‘Receipts of proceeds for exported goods and services’’ were substituted for the existing marginal note by section 6(a) of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "17 Sub-section (1) was substituted by section 6(b) of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "18 Section 18A was omitted by section 7 of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "19 Sub-section (1) was substituted by section 8(a) of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "20 Sub-section (2) and (3) were omitted by section 8(b) of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "21 Section 19A was inserted by the Foreign Exchange Regulation (Amendment) Ordinance, 1976 (Ordinance No. LXXVI of 1976)", "22 Sub-section (1) was substituted by section 9 of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "23 Sub-sections (3), (3A) and (3B) were substituted for the former sub-section (3) by section 5 of the Foreign Exchange Regulation (Amendment) Act, 1950 (Act No. LXII of 1950)", "24 Sub-section (1) was omitted by section 10(a) of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "25 Sub-section (4) was added by section 10(b) of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "26 Section 22A was inserted by The Foreign Exchange Regulation (Amendment) Ordinance, 1976", "27 Sections 23 and 23A were substituted for section 23 by section 5 of the Foreign Exchange Regulation (Amendment) Act, 1957 (Act No. XL of 1957)", "28 The words ‘‘Seven years’’ were substituted for the words “four years” by section 11 of the Foreign Exchange Regulation (Amendment) Act, 2015 (Act No. XVII of 2015).", "29 The words “The Bangladesh Bank” were substituted for the words “the 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)", "30 e 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)" ], "name": "The Foreign Exchange Regulation Act, 1947", "num_of_sections": 32, "published_date": "11th March, 1947", "related_act": [ 354, 355, 75, 46, 430, 118, 218 ], "repelled": false, "sections": [ { "act_id": 218, "details": "1. (1) This Act may be called the Foreign Exchange Regulation Act, 1947. 2 (2) It extends to the whole of Bangladesh, and applies to - (a) all citizens of Bangladesh; (b) all persons resident in Bangladesh; and (c) all persons in the service of the People’s Republic of Bangladesh wherever they may be. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf. (4) Omitted by section 2 of the Foreign Exchange Regulation (Amendment) Act, 1952 (Act No. I of 1952).", "name": "Short title, extent and commencementa", "related_acts": "218", "section_id": 1 }, { "act_id": 218, "details": "2. In this Act, unless there is anything repugnant in the subject or context, (a)\t“authorised dealer” means a person for the time being authorised under section 3 to deal in foreign exchange;  3 (aa) “capital account transaction” means a transaction for the creation, modification, transfer or liquidation of a capital asset, including but not limited to, securities issued in capital and money markets, negotiable instruments, non-securitized claims, units of mutual fund or collective investment securities, commercial credits and loans financial credits, sureties, guarantees, deposit account operations, life insurance, personal capital movements, real estate, foreign direct investment, portfolio and institutional investment;  4(b) “currency” includes – (i) all coins, currency notes, bank notes, postal notes, moneyorders, cheques, drafts, traveller’s cheques, letters of credit, bills of exchange and promissory notes; and  (ii) Such other similar physical or non-physical instruments, or both as may be notified by the Bangladesh Bank from time to time; 5 “(bb) “current account transaction” means receipts and payments which are not for the purpose of transferring capital, and also includes´é¥ (i) receipts and payments due in connection with foreign trade, other current business including services, and normal short-term banking and credit facilities in ordinary course of business; (ii) receipts and payments due as interest on loans and as net income from investments; (iii) moderate amounts of amortization of loans or for depreciation of direct investments, in the ordinary course of business; (iv) expenses in connection with foreign travel, education and medical care of self, parents, spouse and children; and (v) moderate remittances for family living expenses of parents, spouse and children resident abroad; (bbb) “export” means- (i) sending of goods, physical or non-physical or both, from Bangladesh to a place outside Bangladesh; (ii) Providing services by persons resident in Bangladesh to any person outside Bangladesh; or (iii) selling Bangladeshi goods or raw materials or nonphysical contents to the enterprises in Export Processing Zones, Special Economic Zones and Hightech parks of Bangladesh against payment in foreign currency.  (c) \t“foreign currency” means any currency other than Bangladesh currency; (d) \t“foreign exchange” means foreign currency and includes any instrument drawn, accepted, made or issued under 6clause (13) of Article 16 of the Bangladesh Bank Order, 1972 all deposits, credits and balances payable in any foreign currency, and any drafts, traveller's cheques, letters of credit and bills of exchange, expressed or drawn in Bangladesh currency but payable in any foreign currency; (e) \t“foreign security” means any security issued elsewhere than in Bangladesh and any security the principal of or interest on which is payable in any foreign currency or elsewhere than in Bangladesh; (f) \t“gold” includes gold in the form of coin, whether legal tender or not, or in the form of bullion or ingot, whether refined or not;  7“(ff) “goods” means any goods as defined in the Customs Act, 1969 (Act No. IV of 1969); (fff) “import” means bringing into Bangladesh any physical or non-physical goods or services; (g) \t“Bangladesh currency” means currency which is expressed or drawn in Bangladesh Taka; (h) \t“owner”, in relation to any security, includes any person who has power to sell or transfer the security, or who has the custody thereof or who receives, whether on his own behalf or on behalf of any other person, dividends or interest thereon, and who has any interest therein, and in a case where any security is held on any trust or dividends or interest thereon are paid into a trust fund, also includes any trustee or any person entitled to enforce the performance of the trust or to revoke or vary, with or without the consent of any other person, the trust or any terms thereof, or to control the investment of the trust moneys;  8 (hh) “person” means any individual, and also includes- (i) a partnership firm; (ii) a company; (iii) an association of persons or body of individuals, whether incorporated or not; (iv) every artificial juridical entity not falling within any of the preceding sub-clauses; and (v) any agency, office, or branch owned or controlled by such person; (hhh) “person resident in Bangladesh” means- (i) an individual residing in Bangladesh for six months or more in the last twelve months; (ii) an individual temporarily residing in Bangladesh holding a residential or working visa valid for not less than six months; (iii) a person whose place of business is in Bangladesh; or (iv) a person whose principal place of business may be located outside Bangladesh but branch or liaison office or representative office of such business is in Bangladesh; (v) diplomatic, consular and other representative offices of the Government of the People’s Republic of Bangladesh abroad as well as Bangladeshi citizens employed at these offices; (vi) persons holdings any office in service of the People’s Republic of Bangladesh wherver they may be for the time being either on duty or on leave: provided that “person resident in Bangladesh” shall not include foreign diplomatic representations or accredited officials of such representations located within Bangladesh and offices of organizations established by international treaty located within Bangladesh; (i) \t“prescribed” means prescribed by rules made under this Act; 9(j)\tBangladesh Bank means the Bangladesh Bank established under clause (1) of Article 3 of the Bangladesh Bank Order, 1972; 10 “(k) “security” means either in physical or demat form,- (i) shares, stocks, bonds, debenture stock and Government securities, as defined in the Securities Act, 1920; (ii) deposit receipts in respect of deposits of securities, units of mutual fund or collective investment scheme, as defined in Securities and Exchange Commission (Mutual Fund) Rules, 2001; and (iii) other instruments defined as security in the Securities and Exchange Ordinance, 1969 (Ordinance No. XVII of 1969); but does not include bill of exchange or promissory notes other than Government promissory notes; 11(kk) “service'' means services of any description, including but not limited to, business services, professional services, information technology services, information technology enabled services, communication or telecommunication services, construction services, engineering services, distribution services, educational services, environmental services, financial services (such as-insurance, banking and capital market related services), health services, social services, tourism services, travel services, recreational services, cultural services, sport services, transport services, electrical or other energy services or such other service as may be notified by the government or the Bangladesh Bank from time to tome; (l) \t“silver” means silver bullion or ingot, silver sheets and plates which have undergone no process of manufacture subsequent to rolling and uncurrent silver coin which is not legal tender in Bangladesh or elsewhere; (m)\t“transfer” includes, in relation to any security, transfer by way of loan or security.", "name": "Interpretation", "related_acts": "354,118,355", "section_id": 2 }, { "act_id": 218, "details": "3. (1) The Bangladesh Bank may, on application made to it in this behalf, authorise any person to deal in foreign exchange. (2) An authorisation under this section- (i) \tmay authorise dealings in all foreign currencies or may be restricted to authorising dealings in specified foreign currencies only; (ii)\tmay authorise transactions of all descriptions in foreign currencies or may be restricted to authorising specified transactions only; (iii)\tmay be granted to be effective for a specified period, or within specified amounts, and may in all cases be revoked for reasons appearing to it sufficient by the Bangladesh Bank 12 after giving the authorized dealer a reasonable opportunity of explaining its position. (3) An authorised dealer shall in all his dealings, in foreign exchange, comply with such general or special directions or instructions as the Bangladesh Bank may from time to time think fit to give, and, except with the previous permission of the Bangladesh Bank, an authorised dealer shall not engage in any transaction involving any foreign exchange which is not in conformity with the terms of his authorisation under this section. (4) An authorised dealer shall, before undertaking any transaction in foreign exchange on behalf of any person, require that person to make such declarations and to give such information as will reasonably satisfy him that the transaction will not involve, and is not designed for the purpose of, any contravention or evasion of the provisions of this Act or of any rules, directions or orders made thereunder, and where the said person refuses to comply with any such requirement or makes only unsatisfactory compliance therewith, the authorised dealer shall refuse to undertake the transaction and shall, if he has reason to believe that any such contravention or evasion as aforesaid is contemplated by the person, report the matter to the Bangladesh Bank.  13 (5) Without prejudice to the provision of clause (iii) of sub-section (2) of section 3 or section 23, Bangladesh Bank may, after giving reasonable opportunity of being heard, impose such amount of fine and in such manner as may be prescribed by rules, on an authorised dealer for violation of terms of authorization or of general or special directions or instructions.", "name": "Authorised dealers in foreign exchange", "related_acts": "", "section_id": 3 }, { "act_id": 218, "details": "4. (1) Except with the previous general or special permission of the Bangladesh Bank, no person other than an authorised dealer shall in Bangladesh and no person resident in Bangladesh, other than an authorised dealer all outside Bangladesh, buy or borrow from, or sell or lend to, or exchange with, any person not being an authorised dealer, any foreign exchange. (2) Except with the previous general or special permission of the Bangladesh Bank, no person whether an authorised dealer or otherwise, shall enter into any transaction which provides for the conversion of Bangladesh currency into foreign currency or foreign currency into Bangladesh currency at rates of exchange other than the rates for the time being authorised by the Bangladesh Bank. (3) Where any foreign exchange is acquired by any person other than an authorised dealer for any particular purpose, or where any person has been permitted conditionally to acquire foreign exchange, the said person shall not use the foreign exchange so acquired otherwise than for that purpose or, as the case may be, fail to comply with any condition to which the permission granted to him is subject, and where any foreign exchange so acquired cannot be so used or, as the case may be, the conditions cannot be complied with, the said person shall without delay sell the foreign exchange to an authorised dealer. (4) Nothing in this section shall be deemed to prevent a person from buying from any post office, in accordance with any law or rules made thereunder for the time being in force, any foreign exchange in the form of postal orders or money orders. 14(5) Any person resident in Bangladesh may sell or purchase foreign exchange to or from an authorised dealer if such sale or purchase is a current account transaction; provided that the Bangladesh Bank may, in public interest and in consultation with the Government, impose such reasonable restriction on current account transactions as may be needed to respond to current or capital account imbalances; (6) Subject to such restrictions as may be prescribed, the Bangladesh Bank, in consultation with the Government, may specify the classes of permissible capital account transactions.", "name": "Restrictions on dealing in foreign exchange", "related_acts": "", "section_id": 4 }, { "act_id": 218, "details": "5. (1) Save as may be provided in and in accordance with any general or special exemption from the provisions of this sub-section which may be granted conditionally or unconditionally by the Bangladesh Bank, no person in, or resident in, Bangladesh shall- (a) \tmake any payment to or for the credit of any person resident outside Bangladesh; (b)\tdraw, issue or negotiate any bill of exchange or promissory note or acknowledge any debt, so that a right (whether actual or contingent) to receive a payment is created or transferred in favour of any person resident outside Bangladesh; (c) \tmake any payment to or for the credit of any person by order or on behalf of any person resident outside Bangladesh; (d)\tplace any sum to the credit of any person resident outside Bangladesh; (e)\tmake any payment to or for the credit of any person as consideration for or in association with- (i) \tthe receipt by any person of a payment or the acquisition by any person of property outside Bangladesh; (ii)\tthe creation or transfer in favour of any person of a right whether actual or contingent to receive a payment or acquire property outside Bangladesh; (f) \tdraw, issue or negotiate any bill of exchange or promissory note, transfer any security or acknowledge any debt, so that a right (whether actual or contingent) to receive a payment is created or transferred in favour of any person as consideration for or in association with any matter referred to in clause (e). (2) Nothing in sub-section (1) shall render unlawful- (a)\tthe making of any payment already authorised, either with foreign exchange obtained from an authorised dealer under section 4 or with foreign exchange retained by a person in pursuance of an authorisation granted by the Bangladesh Bank; (b)\tthe making of any payment with foreign exchange received by way of salary or payment for services not arising from business in, or anything done while in Bangladesh. (3) Nothing in this section shall restrict the doing by any person of anything within the scope of any authorisation or exemption granted under this Act. (4) For the purposes of this section, “security” also includes coupons or warrants representing dividends or interest and life or endowment insurance policies.", "name": "Restrictions on payment", "related_acts": "", "section_id": 5 }, { "act_id": 218, "details": "6. (1) Where an exemption from the provisions of section 5 is granted by the Bangladesh Bank in respect of payment of any sum to any person resident outside Bangladesh and the exemption is made subject to the condition that the payment is made to a blocked account- (a)\tthe payment shall be made to a blocked account in the name of that person in such manner as the Bangladesh Bank may by general or special order direct; and (b)\tthe crediting of that sum to that account shall, to the extent of the sum credited, be a good discharge to the person making the payment. (2) No sum standing at the credit of a blocked account shall be drawn on except in accordance with any general or special permission which may be granted conditionally or otherwise by the Bangladesh Bank. (3) In this section “blocked account” means an account opened as a blocked account at any office or branch in Bangladesh of a bank authorised in this behalf by the Bangladesh Bank, or an account blocked, whether before or after the commencement of this Act, by order of the Bangladesh Bank.", "name": "Blocked accounts", "related_acts": "", "section_id": 6 }, { "act_id": 218, "details": "7. (1) Where in the opinion of the Government it is necessary or expedient to regulate payments due to persons resident in any territory, the Government may, by notification in the official Gazette, direct that such payments or any class of such payments shall be made only into an account (hereinafter referred to as a special account) to be maintained for the purpose by the Bangladesh Bank or an authorised dealer specially authorised by the Bangladesh Bank in this behalf. (2) The credit of a sum to a special account shall, to the extent of the sum credited, be a good discharge to the person making the payment: Provided that where the liability of the person making the payment is to make the payment in foreign currency, the extent of the discharge shall be ascertained by converting the amount paid into that currency at such rate of exchange as is for the time being fixed or authorised by the Bangladesh Bank. (3) The sum standing to the credit of any special account shall from time to time be applied- (a) \twhere any agreement is entered into between the Government and the Government of the territory to which the aforesaid notification relates for the regulation of payments between persons resident in Bangladesh and in that territory, in such manner as the Bangladesh Bank, having regard to the provisions of such agreement, may direct, or (b)\twhere no such agreement is entered into, for the purpose of paying wholly or partly, and in such order of preference and at such times as the Government may direct, debts due from the persons resident in the said territory to persons resident in Bangladesh or in such other territories as the Government may by order specify in this behalf.", "name": "Special accounts", "related_acts": "", "section_id": 7 }, { "act_id": 218, "details": "8. (1) The Government may, by notification in the official Gazette, order that, subject to such exemptions, if any, as may be contained in the notification, no person shall, except with the general or special permission of the Bangladesh Bank and on payment of the fee, if any, prescribed bring or send into Bangladesh any gold or silver or any currency notes or bank notes or coin whether Bangladesh or foreign. Explanation.- The bringing or sending into any part or place in the territories of Bangladesh of any such article as aforesaid, intended to be taken out of the territories of Bangladesh without being removed from the ship or conveyance in which it is being carried, shall nonetheless be deemed to be bringing or as the case may be sending, into the territories of Bangladesh of that article for the purposes of this section. (2) No person shall, except with the general or special permission of the Bangladesh Bank or the written permission of a person authorised in this behalf by the Bangladesh Bank, take or send out of Bangladesh any gold, jewellery or precious stones, or Bangladesh currency notes, bank notes or coin or foreign exchange. (3) The restrictions imposed by sub-sections (1) and (2) shall be deemed to have been imposed under 15section 16 of the Customs Act, 1969, without prejudice to the provisions of section 23 of this Act, and all the provisions of that Act shall have effect accordingly.", "name": "Restrictions on import and export of certain currency and bullion", "related_acts": "354", "section_id": 8 }, { "act_id": 218, "details": "9. The Government may, by notification in the official Gazette, order every person in, or resident in, Bangladesh- (a) \twho owns such foreign exchange as may be specified in the notification, to offer it, or cause it to be offered for sale to the Bangladesh Bank on behalf of the Government or to such person, as the Bangladesh Bank may authorise for the purpose, at such price as the Government may fix, being a price which is in the opinion of the Government not less than the market rate of the foreign exchange when it is offered for sale; (b) \twho is entitled to assign any right to receive such foreign exchange as may be specified in the notification, to transfer that right to the Bangladesh Bank on behalf of the Government on payment of such consideration therefore as the Government may fix: Provided that the Government may by the said notification or another order exempt any persons or class of persons from the operation of such order: Provided further that nothing in this section shall apply to any foreign exchange acquired by a person from an authorised dealer and retained by him with the permission of the Bangladesh Bank for any purpose.", "name": "Acquisition by Government of foreign exchange", "related_acts": "", "section_id": 9 }, { "act_id": 218, "details": "10. (1) No person who has a right to receive any foreign exchange or to receive from a person resident outside Bangladesh a payment in Taka shall, except with the general or special permission of the Bangladesh Bank, do or refrain from doing any act with intent to secure- (a) \tthat the receipt by him of the whole or part of that foreign exchange or payment is delayed, or (b) \tthat the foreign exchange or payment ceases in whole or in part to be receivable by him. (2) Where a person has failed to comply with the requirements of sub-section (1) in relation to any foreign exchange or payment in Taka, the Bangladesh Bank may give to him such directions as appear to be expedient for the purpose of securing the receipt of the foreign exchange or payment as the case may be.", "name": "Duty of persons entitled to receive foreign exchange etc.", "related_acts": "", "section_id": 10 }, { "act_id": 218, "details": "11. The Government may, by notification in the official Gazette, impose such conditions as it thinks necessary or expedient on the use or disposal of or dealings in gold and silver prior to, or at the time of, import into Bangladesh.", "name": "Power to regulate the uses, etc., of imported gold and silver", "related_acts": "", "section_id": 11 }, { "act_id": 218, "details": "12. 17(1) The Government may, by notification in the official Gazette, prohibit the export of any goods or classes of goods or services or classes of services specified in such notification, from Bangladesh directly or indirectly to any place so specified unless a declaration supported by such evidence as may be prescribed or so specified is furnished by the exporter to the prescribed authority that the amount representing the full export value of the goods or services has been or shall within the prescribed period be, received in the prescribed manner. (2) Where any export of goods has been made to which a notification under sub-section (1) applies, no person entitled to sell, or procure the sale of, the said goods shall, except with the permission of the Bangladesh Bank, do or refrain from doing any act with intent to secure that- (a)\tthe sale of the goods is delayed to an extent which is unreasonable having regard to the ordinary course of trade, or (b)\tpayment for the goods is made otherwise than in the prescribed manner or does not represent the full amount payable by the foreign buyer in respect of the goods, subject to such deductions, if any, as may be allowed by the Bangladesh Bank, or is delayed to such extent as aforesaid: Provided that no proceedings in respect of any contravention of this sub-section shall be instituted unless the prescribed period has expired and payment for the goods representing the full amount as aforesaid has not been made in the prescribed manner. (3) Where in relation to any such goods the said period has expired and the goods have not been sold and payment therefore has not been made as aforesaid, the Bangladesh Bank may give to any person entitled to sell the goods or to procure the sale thereof, such directions as appear to it to be expedient for the purpose of securing the sale of the goods and payment therefore as aforesaid, and without prejudice to the generality of the foregoing provision, may direct that the goods shall be assigned to the Government or to a person specified in the directions. (4) Where any goods are assigned in accordance with sub-section (3), the Government shall pay to the person assigning them such sum in consideration of the net sum recovered by or on behalf of the Government in respect of the goods as may be determined by the Government. (5) Where in relation to any such goods the value as stated in the invoice is less than the amount which in the opinion of the Bangladesh Bank represents the full export value of those goods, the Bangladesh Bank may issue an order requiring the person holding the shipping documents to retain possession thereof until such time as the exporter of the goods has made arrangements for the Bangladesh Bank or a person authorised by the Bangladesh Bank to receive on behalf of the exporters payment in the prescribed manner of an amount which represents in the opinion of the Bangladesh Bank the full export value of the goods. (6) For the purpose of ensuring compliance with the provisions of this section and any orders or directions made thereunder, the Bangladesh Bank may require any person making any export of goods to which a notification under sub-section (1) applies to exhibit contracts with his foreign buyer or other evidence to show that the full amount payable by the said buyer in respect of the goods has been, or will within the prescribed period be, paid in the prescribed manner.", "name": "Receipts of proceeds for exported goods and services", "related_acts": "", "section_id": 12 }, { "act_id": 218, "details": "13. (1) No person shall, except with the general or special permission of the Bangladesh Bank,- (a) \ttake or send any security to any place outside Bangladesh; (b)\ttransfer any security or create or transfer any interest in a security to or in favour of a person resident outside Bangladesh; (c)\ttransfer any security from a register in Bangladesh to a register outside Bangladesh or do any act which is calculated to secure, or forms part of a series of acts which together are calculated to secure, the substitution for any security which is either in, or registered in, Bangladesh of any security which is either outside or registered outside Bangladesh; (d)\tissue, whether in Bangladesh or elsewhere, any security which is registered or to be registered in Bangladesh to a person resident outside Bangladesh. (2) Where the holder of a security is a nominee, neither he nor any person through whose agency the exercise of all or any of the holder's rights in respect of the security is controlled shall, except with the general or special permission of the Bangladesh Bank, do any act whereby he recognises or gives effect to the substitution of another person as the person from whom he directly receives instructions, unless both the persons previously instructing him and the person substituted for that person were, immediately before the substitution, resident in Bangladesh. (3) The Bangladesh Bank may, for the purpose of securing that the provisions of this section are not evaded, require that the person transferring any security and the person to whom such security is transferred shall subscribe to a declaration that the transferee is not resident outside Bangladesh. (4) Notwithstanding anything contained in any other law, no person shall, except with the permission of the Bangladesh Bank - (a) \tenter any transfer of securities in any register or book in which securities are registered or inscribed if he has any ground for suspecting that the transfer involves any contravention of the provisions of this section, or (b) \tenter in any such register or book, in respect of any security, whether in connection with the issue or transfer of the security or otherwise, an address outside Bangladesh except by way of substitution for any such address in the same country or for the purpose of any transaction for which permission has been granted under this section with knowledge that it involves entry of the said address. (5) For the purposes of this section,- (a)\t“holder” in relation to a bearer security means the person having physical custody of the security; provided that, where a bearer security is deposited with any person in a locked or sealed receptacle from which the person with whom it is deposited is not entitled to remove it without the authority of some other person, that other person shall be deemed to be the holder of the security; (b)\t“nominee” means a holder of any security (including bearer security) or any coupon representing dividends or interest who, as respects the exercise of any rights in respect of the security or coupon, is not entitled to exercise those rights except in accordance with instructions given by some other person, and a person holding a security or coupon as a nominee shall be deemed to act as nominee for the person who is entitled to give instructions either directly or through the agency of one or more persons, as to the exercise by the holder of the security or coupon of any rights in respect thereof and is not, in so doing, himself under a duty to comply with instructions given by some other person; (c)\t“security” also includes coupons or warrants representing dividends or interest, and life or endowment insurance policies; (d)\t“a person resident outside Bangladesh” includes a foreign national for the time being resident in Bangladesh.", "name": "Regulation of export and transfer of securities", "related_acts": "", "section_id": 13 }, { "act_id": 218, "details": "14. (1) The Government may, by notification in the official Gazette, order every person by whom or on whose behalf a security or document of title to a security specified in the order is held in Bangladesh to cause the said security or document of title to be kept in the custody of an authorised depository named in the order: Provided that the Bangladesh Bank may by order in writing permit any such security to be withdrawn from the custody of the authorised depository subject to such conditions as may be specified in the order. (2) No authorised depository may part with any security covered by an order under sub-section (1) without the general or special permission of the Bangladesh Bank except to, or to the order of, another authorised depository. (3) Except with the general or special permission of the Bangladesh Bank, no authorised depository shall- (a)\taccept or part with any security covered by an order under sub-section (1) whereby the security is transferred into the name of a person resident outside Bangladesh, or (b)\tdo any act whereby he recognises or gives effect to the substitution of another person as the person from whom he directly receives instructions relating to such security unless the person previously so instructing him and the person substituted for that person were immediately before the substitution resident in Bangladesh. (4) Except with the general or special permission of the Bangladesh Bank, no person shall buy, sell or transfer any security, or document of title to a security, covered by an order under sub-section (1) unless such security or document of title has been deposited in accordance with the order. (5) Except with the general or special permission of the Bangladesh Bank, no capital moneys, interest or dividends in respect of any security covered by an order under sub-section (1) shall be paid in Bangladesh except to or to the order of the authorised depository having the custody of the security. (6) For the purposes of this section,- (a)\t“authorised depository” means a person notified by the Government to be entitled to accept the custody of securities and documents of title to securities, and (b)\t“security” shall include coupons.", "name": "Custody of securities", "related_acts": "", "section_id": 14 }, { "act_id": 218, "details": "15. The Government may, by notification in the official Gazette, order that except with the general or special permission of the Bangladesh Bank no person shall in Bangladesh issue any bearer security or coupon or so alter any document that it becomes a bearer security or coupon.", "name": "Restrictions on issue of bearer securities", "related_acts": "", "section_id": 15 }, { "act_id": 218, "details": "16. (1) Subject to any exemptions that may be contained in the notification, the Government may, if it is of opinion that it is expedient so to do for the purpose of strengthening its foreign exchange position by notification in the official Gazette,- (a)\torder the transfer to itself of any foreign securities specified in the notification at a price so specified, being a price which is, in the opinion of the Government no less than the market value of the securities on the date of the notification, or (b)\tdirect the owner of any foreign securities specified in the notification, to sell or procure the sale of the securities and thereafter to offer or cause to be offered the net foreign exchange proceeds of the sale to the Bangladesh Bank on behalf of the Government or to such person as the Bangladesh Bank may authorise for the purpose, at such price as the Government may fix, being a price which is in the opinion of the Government not less than the market rate of the foreign exchange when it is offered for sale. (2) On the issue of a notification under clause (a) of sub-section (1),- (a) \tthe securities to which the notification relates shall forthwith vest in the Government free from any mortgage, pledge or charge, and the Government may deal with them in such manner as it thinks fit. (b) \tthe owner of any of the securities to which the notification relates and any person who is responsible for keeping any registers or books in which any of those securities are registered or inscribed, or who is otherwise concerned with the registration or inscription of any of those securities, shall do all such things as are necessary or as the Government or the Bangladesh Bank may order to be done, for the purpose of securing that- (i)\tthe securities and any documents of title relating thereto are delivered to the Government and, in the case of registered or inscribed securities, that the securities are registered or inscribed in the name of the Government or of such nominee of the Government as it may specify, and (ii)\tany dividends or interest on those securities becoming payable on or after the date of the issue of the notification are paid to the Government or its nominee as aforesaid and where in the case of any security payable to bearer which is delivered in pursuance of the said notification, any coupons representing any such dividends or interest are not delivered with the security, such reduction in the price payable therefor shall be made as the Government thinks fit: Provided that where the price specified in the notification in relation to any security is ex-dividend or ex-interest, this sub-clause shall not apply to that dividend or interest or to any coupon representing it. (3) A certificate signed by any person authorised in this behalf by the Government that any specified securities are securities transferred to the Government under this section shall be treated by all persons concerned as conclusive evidence that the securities have been so transferred.", "name": "Acquisition by Government of foreign securities", "related_acts": "", "section_id": 16 }, { "act_id": 218, "details": "17. (1) No person resident in Bangladesh shall, except with the general or special permission of the Bangladesh Bank, settle any property, otherwise than by will, upon any trust under which a person who at the time of the settlement is resident outside Bangladesh elsewhere than in territories notified in this behalf, by the Bangladesh Bank, will have an interest in the property, or exercise, other than by will, any power for payment in favour of a person who at the time of the exercise of the power is resident outside Bangladesh elsewhere than in such notified territories. (2) A settlement or power as aforesaid shall not be invalid except in so far as it confers any right or benefit on any person who at the time of the settlement or the exercise of the power is resident outside Bangladesh elsewhere than in territories notified by the Bangladesh Bank.", "name": "Restriction on settlement", "related_acts": "", "section_id": 17 }, { "act_id": 218, "details": "18***", "name": "Omitted", "related_acts": "", "section_id": 18 }, { "act_id": 218, "details": "18B. 19(1) Person resident outside Bangladesh (whether or not a citizen of Bangladesh) or a person who is not a citizen of, but resident in, Bangladesh or a company (other than a banking company) not incorporated under any law for the time being in force in Bangladesh shall report to Bangladesh Bank within 30(thirty) days of obtaining permission from Board of Investment or similar competent authority in Bangladesh to establish in Bangladesh a branch office or liaison office or representative office or any other place of business for carrying on any activity of a trading commercial or industrial nature. 20***", "name": "Restriction on foreign companies", "related_acts": "", "section_id": 19 }, { "act_id": 218, "details": "18. (1) Except with the general or special permission of the Bangladesh Bank, no person resident in Bangladesh shall do any act whereby a company, which is controlled by persons resident in Bangladesh ceases to be so controlled. (2) Except with the general or special permission of the Bangladesh Bank, no person resident in Bangladesh shall lend any money or security to any company, not being a banking company, which is by any means controlled, whether directly or indirectly, by persons resident outside Bangladesh elsewhere than in the territories notified in this behalf by the Bangladesh Bank. In this sub-section, “company” includes a firm, branch or office of a company or firm.", "name": "Certain provisions as to companies", "related_acts": "", "section_id": 20 }, { "act_id": 218, "details": "2119A. (1) The Government or the Bangladesh Bank may, at any time, cause an inspection to be made, by one or more of its officers, of the books of accounts and other documents of any person, firm or business organisation or concern required to submit to the Bangladesh Bank any return, statement or information under this Act and, where necessary, direct all such books of accounts and other documents to be seized. (2) Every such person, firm, business organisation, and concern shall produce books of accounts and other documents and furnish such statements and information to such officer or officers in connection with the inspection under sub-section (1). (3) Failure to produce any books of accounts or other documents or to furnish any statement or information required under sub-section (2) shall be deemed to be contravention of the provisions of this Act.", "name": "Power of inspection", "related_acts": "", "section_id": 21 }, { "act_id": 218, "details": "19. 22 (1) The Government or the Bangladesh Bank may, at any time by notification in the official Gazette, direct any citizen of Bangladesh, any person resident in Bangladesh and any person in the Service of the People’s Republic of Bangladesh wherever they may be, subject to such exceptions, if any, as may be specified in the notification, to make a return of their holdings of foreign exchange, foreign securities; and of any immovable property or industrial or commercial undertaking or company outside Bangladesh, held, owned, established or controlled by him or in which he has any right, title or interest, within such period and giving such particulars, as may be so specified. (2) The Government may by order in writing require any person to furnish it or any person specified in the order with any information, book or other document in his possession, being information, book or document which the Government considers it necessary or expedient to obtain and examine for the purposes of this Act and may, at any time, by notification in the official Gazette, direct that the power to make such order shall for such period as may be specified in the direction, be exercised by the Bangladesh Bank. 23(3) On a representation in writing made by a person authorised in this behalf by the Government or the Bangladesh Bank and supported by a statement on oath of such person that he has reason to believe that a contravention of any of the provisions of this Act has been or is being or is about to be committed in any place or that evidence of the contravention is to be found in such place, a district magistrate, a sub-divisional magistrate or a magistrate of the first class, may, by warrant, authorise any police officer not below the rank of sub-inspector- (a)\tto enter and search any place in the manner specified in the warrant; and (b)\tseize any books or other documents found in or on such place. Explanation.- In this sub-section, “place” includes a house, building, tent, vehicle, vessel or aircraft. (3A) A police officer authorised under sub-section (3) may search any person who is found in or whom he has reasonable ground to believe to have recently left or to be about to enter such place and to seize any article found in the possession of or upon such person and believed by the police officer so authorised to be evidence of the commission of any offence under this Act. (3B) A police officer authorised under sub-section (3) shall conduct any search under that sub-section or under sub-section (3A) in accordance with the provisions relating to search in the Code of Criminal Procedure, 1898. (4) The provisions of sub-sections (1), (2) and (3) of section 54 of the Income-tax Act, 1922, shall apply in relation to information obtained under sub-section (2) of this section as they apply to the particulars referred to in that section, and for the purposes of such application- (a) \tthe said sub-section (3) shall be construed as if in clause (a) thereof there was included reference to a prosecution for an offence under section 23 of this Act, and (b)\tpersons to whom any information is required to be furnished under an order made under sub-section (2) of this section shall be deemed to be public servants within the meaning of that section.", "name": "Power to call for information", "related_acts": "75", "section_id": 22 }, { "act_id": 218, "details": "20. 24*** (2) Nothing in this Act relating to the payment of any price or sum by the Government shall be constructed as requiring the Government to pay that price or sum otherwise than in Bangladesh currency or otherwise than in Bangladesh. (3) The Bangladesh Bank may give directions in regard to the making of payments and the doing of other acts by bankers, authorised dealers, travel agents, carriers, whether common or private, stock brokers and other persons who are authorised by the Bangladesh Bank to do anything in pursuance of this Act in the course of their business, as appear to it to be necessary or expedient for the purpose of securing compliance with the provisions of this Act and any rules, orders or directions made thereunder.  25(4). Bangladesh Bank, may, by notification in the official Gazette, require any or all individual or class of individual (other than diplomats or any group of individual, as specified in the notification) who is not a citizen of Bangladesh, but staying or working in Bangladesh or providing any service in Bangladesh for any period to any person to provide information, which Bangladesh Bank considers it necessary or expedient for the purpose of this Act, to Bangladesh Bank or any other authority, as stated in such notification.", "name": "Supplemental provisions", "related_acts": "", "section_id": 23 }, { "act_id": 218, "details": "21. (1) No person shall enter into any contract or agreement which would directly or indirectly evade or avoid in any way the operation of any provision of this Act or of any rule, direction or order made thereunder. (2) Any provisions of, or having effect under, this Act that a thing shall not be done without the permission of the Government or the Bangladesh Bank, shall not render invalid any agreement by any person to do that thing, if it is a term of the agreement that that thing shall not be done unless permission is granted by the Government or the Bangladesh Bank, as the case may be; and it shall be an implied term of every contract governed by the law of any part of Bangladesh that anything agreed to be done by any term of that contract which is prohibited to be done by or under any of the provisions of this Act except with the permission of the Government or the Bangladesh Bank, shall not be done unless such permission is granted. (3) Neither the provisions of this Act nor any term (whether expressed or implied) contained in any contract that anything for which the permission of the Government or the Bangladesh Bank is required by the said provisions shall not be done without that permission, shall prevent legal proceedings being brought in Bangladesh to recover any sum which, apart from the said provisions and any such term, would be due, whether as a debt, damages or otherwise, but - (a) \tthe said provisions shall apply to sums required to be paid by any judgment or order of any Court as they apply in relation to other sums; and (b)\tno steps shall be taken for the purpose of enforcing any judgment or order for the payment of any sum to which the said provisions apply except as respects so much thereof as the Government or the Bangladesh Bank, as the case may be, may permit to be paid; and (c)\tfor the purpose of considering whether or not to grant such permission, the Government or the Bangladesh Bank, as the case may be, may require the person entitled to the benefit of the judgment or order and the debtor under the judgment or order, to produce such documents and to give such information as may be specified in the requirement. (4) Notwithstanding anything in the Negotiable Instruments Act, 1881, neither the provisions of this Act or of any rule, direction or order made thereunder, nor any condition, whether express or to be implied having regard to those provisions, that any payment shall not be made without permission under this Act, shall be deemed to prevent any instrument being a bill of exchange or promissory note.", "name": "Contracts in evasion of this Act", "related_acts": "46", "section_id": 24 }, { "act_id": 218, "details": "22. No person shall, when complying with any order or direction under section 19 or when making any application or declaration to any authority or person for any purpose under this Act, give any information or make any statement which he knows or has reasonable cause to believe to be false, or not true, in any material particular.", "name": "False statements", "related_acts": "", "section_id": 25 }, { "act_id": 218, "details": "2622A. (1) The Government may, if it is of the opinion (the reason for such opinion being recorded in writing) that with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, the contravention of any of the provisions of this Act or of any rule, direction or order made or given thereunder it is necessary or expedient so to do, grant such person immunity from prosecution under this Act or any other law for the time being in force, and may also grant such person immunity from imposition of any penalty under this Act, subject to the condition of his making full and true disclosure of the whole circumstances relating to such contravention. (2) An immunity granted to, and accepted by the person concerned under sub-section (1) shall, to the extent to which the immunity extends, render him immune from prosecution for any offence or, as the case may be, from imposition of any penalty under this Act to which the immunity relates. (3) If the Government is satisfied that any person to whom immunity under sub-section (1) was granted has not complied with any of the conditions subject to which the immunity was granted or is wilfully concealing anything or giving false evidence, it may record a finding to that effect and thereupon the immunity so granted shall be deemed to have been withdrawn and such person may be tried for the offence to which the immunity relates and shall be also liable to such penalty as he would have been liable to but for the grant of immunity under this section.", "name": "Grant of immunity in certain cases", "related_acts": "", "section_id": 26 }, { "act_id": 218, "details": "2723. (1) Whoever contravenes, attempts to contravene or abets the contravention of any of the provisions of this Act or of any rule, direction or order made thereunder, shall notwithstanding anything contained in the Code of Criminal Procedure, 1898, be tried by a Tribunal constituted by section 23A, and shall be punishable with imprisonment for a term which may extend to 28Seven years or with fine or with both, and any such Tribunal trying any such contravention may, if it thinks fit, and in addition to any sentence which it may impose for such contravention, direct that any currency, security, gold or silver, or goods or other property in respect of which the contravention has taken place shall be confiscated. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, any offence punishable under this section shall be cognizable for such period as the Government may from time to time, by notification in the official Gazette, declare. (3) A Tribunal shall not take cognizance of any offence punishable under this section and not declared by the Government under the preceding sub-section to be cognizable for the time being, or of an offence punishable under section 54 of the Income-tax Act, 1922, as applied by section 19, except upon complaint in writing made by a person authorised by the Government or the Bangladesh Bank in this behalf: Provided that where any such offence is the contravention of any of the provisions of this Act or any rule, direction or order made thereunder which prohibits the doing of an act without permission and is not declared by the Government under the preceding sub-section to be cognizable for the time being, no such complaint shall be made unless the person accused of the offence has been given an opportunity of showing that he had such permission. (4) Where the person guilty of an offence under this Act is a company or other body corporate every director, manager, secretary and other officer thereof who is knowingly a party to the offence shall also be guilty of the same offence and liable to the same punishment.", "name": "Penalty and procedure", "related_acts": "75,75", "section_id": 27 }, { "act_id": 218, "details": "23A. (1) Every Sessions Judge shall, for the areas within the territorial limits of his jurisdiction, be a Tribunal for trial of an offence punishable under section 23. (2) A tribunal may transfer any case for trial to an Additional Sessions Judge within its jurisdiction who shall, for trying a case so transferred, be deemed to be a Tribunal constituted for the purpose. (3) A Tribunal shall have all the powers of a Magistrate of the First Class in relation to criminal trials, and shall follow as nearly as may be, the procedure provided in the Code of Criminal Procedure, 1898, for trials before such Magistrate, and shall also have powers as provided in the said Code in respect of the following matters, namely:- (a)\tdirecting the arrest of the accused; (b)\tissuing search warrants;  (c)\tordering the police to investigate any offence and report; (d)\tauthorising detention of a person during police investigation; (e)\tordering the release of the accused on bail. (4) All proceedings before a Tribunal shall be deemed to be judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code, and for the purposes of section 196 thereof, and the provisions relating to the execution of orders and sentences in the Code of Criminal Procedure, 1898, shall, so far as may be, apply to orders and sentences passed by a Tribunal. (5) As regards sentences of fine, the powers of a Tribunal shall be as extensive as those of a Court of Sessions. (6) 29The Bangladesh Bank or any other person aggrieved by a judgment of a Tribunal may, within three months from the date of judgment, appeal to the 30High Court Division. (7) Save as provided in the preceding sub-section, all judgments and orders passed by a Tribunal shall be final.", "name": "Tribunal, its powers, etc.", "related_acts": "75,75", "section_id": 28 }, { "act_id": 218, "details": "24. (1) Where any person is tried for contravening any provision of this Act or of any rule, direction or order made thereunder which prohibits him from doing an act without permission, the burden of proving that he had the requisite permission shall be on him. (2) If in a case in which the proof of complicity of a person resident in Bangladesh with a person outside Bangladesh is essential to prove an offence under this Act, then after proof of the circumstances otherwise sufficient to establish the commission of the offence, it shall be presumed that there was such complicity, and the burden of proving that there was no such complicity shall be on the person accused of the offence.", "name": "Burden of proof in certain cases", "related_acts": "", "section_id": 29 }, { "act_id": 218, "details": "25. For the purposes of this Act the Government may from time to time give to the Bangladesh Bank such general or special directions as it thinks fit, and the Bangladesh Bank shall, in the exercise of its functions under this Act, comply with any such directions.", "name": "Power to Government to give direction", "related_acts": "", "section_id": 30 }, { "act_id": 218, "details": "26. No suit, prosecution or other legal proceedings shall lie against any person for anything in good faith done or intended to be done under this Act or any rule, direction or order made thereunder.", "name": "Bar of legal proceedings", "related_acts": "", "section_id": 31 }, { "act_id": 218, "details": "27. The Government may, by notification in the official Gazette, make rules for carrying into effect the provisions of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 32 } ], "text": "An Act to regulate certain payments, dealings in foreign exchange and securities and the import and export of currency and bullion.1♣ WHEREAS it is expedient in the economic and financial interests of Bangladesh to provide for the regulation of certain payments, dealings in foreign exchange and securities and the import and export of currency and bullion; It is hereby enacted as follows:-" }

{ "id": 219, "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)", "2 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)", "3 The words, commas and figure “Army Act, 1952, or the Air Force Act, 1953, or the Navy Ordinance, 1961” were substituted for the words, commas and figure “Indian Army Act, 1911 or the Pakistan Army Act, 1952, or the Indian Air Force Act, 1932 or the Pakistan Air Force Act, 1953, or the Pakistan Navy Ordinance, 1961” 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 (Emergency Duties) Act, 1947", "num_of_sections": 3, "published_date": "20th March, 1947", "related_act": [ 256, 430, 310, 248, 219 ], "repelled": false, "sections": [ { "act_id": 219, "details": "1. (1) This Act may be called the Armed Forces (Emergency Duties) Act, 1947. (2) It extends to the whole of Bangladesh.", "name": "Short title and extent", "related_acts": "219", "section_id": 1 }, { "act_id": 219, "details": "2. (1) The 2Government may, by notification in the official Gazette, declare any specified service to be a service of vital importance to the community: Provided that such notification shall remain in force for one month in the first instance, but may be extended, from time to time, by a like notification. (2) Upon a declaration being made under sub-section (1) and until it is rescinded, it shall be the duty of every person subject to the 3Army Act, 1952, or the Air Force Act, 1953, or the Navy Ordinance, 1961, to obey any command given by any superior officer in relation to employment upon or in connection with the service specified in the declaration; and every such command shall be deemed to be a lawful command within the meaning and for the purposes of the said Acts or Ordinance.", "name": "Emergency duties of Armed Forces", "related_acts": "248,256,310", "section_id": 2 }, { "act_id": 219, "details": "3. Validation of certain past commands.- Repealed by section 3 and Second Schedule of the Federal Laws (Revision and Declaration) Act, 1951 (Act No. XXVI of 1951).", "name": "Repealed", "related_acts": "", "section_id": 3 } ], "text": "An Act to enable duties in connection with vital services to be imposed in an emergency on the Armed Forces of Bangladesh.1♣ WHEREAS it is expedient to enable duties in connection with vital services to be imposed in an emergency on the Armed Forces of Bangladesh; It is hereby enacted as follows:-" }

{ "id": 220, "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 Clause 11A was inserted by the Bangladesh Taxation Laws (Adaptation) Order, 1972 (P.O. No. 62 of 1972)", "3 Clause 17A was substituted by the Bangladesh Taxation Laws (Adaptation) Order, 1972 (P.O. No. 62 of 1972)", "4 The Explanation was substituted by The Bangladesh Taxation Laws (Adaptation) Order, 1972 (P.O. No. 62 of 1972)", "5 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 8 of the Bangladesh Laws (Revision and Declaration) (Amendment) Act, 1974 (Act No. LIII of 1974)" ], "name": "The Business Profits Tax Act, 1947", "num_of_sections": 26, "published_date": "11th April, 1947", "related_act": [ 269, 220, 157, 394 ], "repelled": false, "sections": [ { "act_id": 220, "details": "1. (1) This Act may be called the Business Profits Tax Act, 1947. (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": "220", "section_id": 1 }, { "act_id": 220, "details": "2. In this Act, unless there is anything repugnant in the subject or context, - (1) “abatement” means, in respect of any chargeable accounting period, a sum which bears to a sum equal to - (a) in the case of a company, not being a company deemed for the purposes of section 9 to be a firm, six per cent of the capital of the company on the first day of the said period computed in accordance with Schedule II, or one lakh of Taka, whichever is greater, or  (b) \tin the case of a firm having- (i) \tnot more than two working partners, one lakh of Taka, or (ii) \tthree working partners, one and a half lakhs of Taka, or (iii)\tfour or more working partners, two lakhs of Taka, or (c) \tin the case of a Hindu undivided family, two lakhs of Taka, or (d) \tin any other case, one lakh of Taka, the same proportion as the said period bears to the period of one year; (2) \t“accounting period” in relation to any business means any period which is or has been determined as the previous year for that business for the purposes of the Income-tax Act, 1922; (3) \t“business” includes any trade, commerce or manufacture, or any adventure in the nature of trade, commerce or manufacture, or any profession or vocation the profits of which are chargeable according to the provisions of section 10 of the Income-tax Act, 1922: 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; (4) \t“chargeable accounting period” means- (a) \tany accounting period falling wholly within the term beginning on the first day of April, 1946, and ending on the thirty-first day of March, 1958;  (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 terms; Provided that where an accounting period falls partly before and partly after the thirty-first day of March, 1951, so much of that accounting period as falls before and so much of that accounting period as falls after the end of March, 1951, shall be deemed each to be a separate chargeable accounting period. (5) \t“company” has the same meaning as in section 2 of the Income-tax Act, 1922; (6) \t“control of a company” means control direct or indirect of more than one half of the voting power attached to the total issued paid-up share capital of the company, or control vested by its Memorandum and Articles of Association otherwise than by reference to such voting power: Provide that the voting power attached to shares held by a nominee or trustee for any person shall be deemed for the purpose of this definition to be held by that person; (7)\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 abatement in respect of that period; (ii) \twhere a loss has been made in any chargeable accounting period, the amount of the loss added to the abatement in respect of that period; (8) “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)\t\tis the beneficial owner of not less than twenty per cent of the ordinary share capital of the company; (9)\t“dividend” has the same meaning as in section 2 of the Income-tax Act, 1922; (10)\t“firm”, “partner” and “partnership” have the same meanings respectively as in the Partnership Act, 1932; (11)\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; 2(11A)\t“Government” means, except where the context otherwise requires, the Government of the People's Republic of Bangladesh; (12) \t“loss” means a loss computed in the same manner as, for the purposes of this Act, profits are to be computed; (13)\t“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; (14)\t“person” includes a Hindu undivided family; (15)\t“prescribed” means prescribed by rules made under this Act; (16)\t“profits” means profits as determined in accordance with Schedule I; (17) \t“taxable profits” means the amount by which the profits during a chargeable accounting period exceed the abatement in respect of that period; 3(17A)\t“taxable territories”, has the meaning assigned to that expression by clause (14AA) of section 2 of the Income-tax Act, 1922; (18)\t“working partner” of a firm means a partner thereof who devotes substantially the whole of his time to the business of the firm.", "name": "Interpretation", "related_acts": "157", "section_id": 2 }, { "act_id": 220, "details": "3. (1) Every Commissioner of Income-tax, Appellate Assistant Commissioner of Income-tax, Inspecting Assistant Commissioner of Income-tax and Income-tax Officer shall have the like powers under this Act and in relation to the same area and cases as he exercises under the Income-tax Act, 1922. (2) 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 no such orders, instructions or directions shall be given so as to interfere with the discretion of the Appellate Assistant Commissioner of Income-tax in the exercise of his appellate functions.", "name": "Tax authorities", "related_acts": "", "section_id": 3 }, { "act_id": 220, "details": "4. 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 of the taxable profits during any chargeable accounting period, a tax (in this Act referred to as “business profits tax”) which shall be equal to sixteen and two-thirds per cent of the taxable profits: Provided that – (a) \tany profits which are, under the provisions of sub-section (3) of section 4 of the Income-tax Act, 1922, exempt from income-tax, (b) \tall profits from any business of life insurance, (c)\tany sum paid to a business by or through the Government by way of bonus or subsidy, shall be totally exempt from business profits tax under this Act: Provided further that where the profits of an industrial undertaking to which section 15B of the Income-tax Act, 1922, applies are included in the profits and taxable profits of any chargeable accounting period no tax shall be payable under this Act on such part of the said profits as ranks for exemption under the said section: Provided further that no tax shall be payable under this Act on the profits of an industrial undertaking as described in sub-section (2) of section 15B of the Income-tax Act, 1922, which has been set up or commenced after the 31st day of March, 1951, and before the first day of April, 1958, as respects the first five successive chargeable accounting periods. Provided further that notwithstanding anything to the contrary contained in sub-section (8) of section 10 of the Income-tax Act, 1922, no tax under this Act shall, subject to the terms of the agreement entered into with Government, be payable by an undertaking the profits or gains of which are liable to be computed in accordance with the rules contained in the Second Schedule to the Income-tax Act, 1922. Provided further that, as respects any chargeable accounting period relevant to the previous year for assessment under the Income-tax Act, 1922, for any year ending on or after the 31st day of March, 1959 no tax shall be payable under this Act on profits of any business carried on by a firm which is registered under section 26A of the Income-tax Act, 1922 or a firm treated as a registered firm under clause (b) of sub-section (5) of section 23 of the Income-tax Act, 1922.", "name": "Charge of tax", "related_acts": "", "section_id": 4 }, { "act_id": 220, "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 taxable territories where such business is carried on by or on behalf of a person who is resident but not ordinarily resident in 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 taxable territories or not ordinarily so resident accrue or arise in 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 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. 4Explanation- As respects any period before the 26th day of March, 1971, the reference to “Bangladesh” in the first and the second provisos to this section shall be construed as a reference to the territories then comprised in Pakistan.", "name": "Application of Act", "related_acts": "", "section_id": 5 }, { "act_id": 220, "details": "6. Where a deficiency of profits occurs in any chargeable accounting period in any business, the taxable profits of the business shall be deemed to be reduced and relief shall be granted in accordance with the following provisions:- (a) \tthe aggregate amount of the taxable profits for the previous chargeable accounting periods shall be deemed to be reduced by the amount of the deficiency of profits and the amount of business profits tax payable in respect thereof , before taking into account any credit that may be due under an agreement referred to in section 49AA of the Income-tax Act, 1922, 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 taxable profits 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 taxable profits for the next subsequent chargeable accounting period, and if and so far as it exceeds the amount of those profits, any taxable profits for the next subsequent chargeable accounting period and so on.", "name": "Relief on occurrence of deficiency of profits", "related_acts": "", "section_id": 6 }, { "act_id": 220, "details": "7. As from the date of any change in the persons carrying on a business, the business shall be deemed for all the purposes of this Act to have been discontinued and a new business to have been commenced: Provided that where a change takes place in the persons carrying on a business and where except for such change relief would be allowable under section 6, the National Board of Revenue may, if it thinks fit, allow such relief under that section as it considers just, having regard to the extent to which the persons directly or indirectly interested in the business before the change remain interested therein after the change.", "name": "Change in persons carrying on business", "related_acts": "", "section_id": 7 }, { "act_id": 220, "details": "8. (1) Where any interest, annuity, or other annual payment, or any royalty or rent, is payable 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, and the recipient company is resident outside taxable territories no allowance shall be made in respect of such payment in computing the profits or losses of the paying company. (2) Where- (a) \ta company (hereinafter referred to as “the principal”) is resident in taxable territories and is not a subsidiary of any other company resident in taxable territories; and (b)\tduring the whole or any part of any chargeable accounting period of the principal, another company resident or carrying on business within taxable territories (hereinafter referred to as “the subsidiary”) is a subsidiary of the principal, the capital or profits or losses of the subsidiary for such chargeable accounting period or part thereof shall be treated for the purposes of this Act as if they were the capital of, or as the case may be, profits or losses arising from the business of, the principal: Provided that the profits of the subsidiary so treated shall not be exempted from business profits tax in the hands of the principal by reason of any exemption applicable to the principal under the proviso to section 4. (3) Where the chargeable accounting periods of the principal and subsidiary are not co-terminous, such division and apportionment of the profits or losses of the subsidiary for any chargeable accounting period shall be made as will allocate the due proportion thereof to the relative chargeable accounting period or periods of the principal; and such division and apportionment shall be by reference to the proportion that the number of days of the chargeable accounting period of the subsidiary falling within the relative chargeable accounting period or periods of the principal bears to the total number of days in the chargeable accounting period of the subsidiary. (4) 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 four-fifths of its ordinary share capital is beneficially 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. (5) The business profits tax payable by virtue of this section by the principal shall, for the purposes of section 10, be allocated by the Income-tax Officer to the respective companies concerned in such proportion as in his opinion is just: Provided that the principal shall have the same rights of appeal against an order of allocation made under this sub-section as it has under this Act against the amount of its business profits tax assessment.", "name": "Interconnected companies", "related_acts": "", "section_id": 8 }, { "act_id": 220, "details": "9. Where an individual or a Hindu undivided family is entitled to profits arising from more than one business, of which at least one is carried on by a firm in which he or it is a partner or by a company which for the purposes of this section is deemed to be a firm in which he or it is interested, the Income-tax Officer may, with the prior sanction of the Inspecting Assistant Commissioner of Income-tax, aggregate the shares of such individual or Hindu undivided family in the profits or losses of all of such businesses and treat the sum of such aggregation as the profits of a business carried on by such individual or Hindu undivided family and assess him or it accordingly: Provided that if the accounting periods of such businesses are not co-terminous, the Income-tax Officer shall determine in respect of such individual or Hindu undivided family his or its chargeable accounting period and shall make such divisions, apportionments and aggregation of the shares of such individual or Hindu undivided family in the profits or losses of the several businesses as may be necessary to determine for such chargeable accounting period the total profits and gains of such individual or Hindu undivided family therefrom: Provided further that for the purposes of this section, a company, which is neither one in which the public are substantially interested, as defined in the Explanation to sub-section (1) of section 23A of the Income-tax Act, 1922, nor a subsidiary company as defined in sub-section (4) of section 8 of this Act, shall be deemed to be a firm in which the persons having an interest in the company are partners or, in the case of a sole-shareholder, a business carried on by that sole shareholder, and the profits of such company shall be computed accordingly: Provided further that any profits or losses so aggregated for assessment upon an individual or a Hindu undivided family shall be excluded from the profits or losses of the respective businesses for the purposes of this Act; and no assessment under this Act shall be made in respect of any such business save in the names of the other partners therein and such individual or Hindu undivided family shall not be treated as a working partner in relation to such business for the purpose of sub-clause (b) of clause (1) of section 2.", "name": "Aggregation of profits in certain cases", "related_acts": "", "section_id": 9 }, { "act_id": 220, "details": "10. The amount of the business profits tax payable by any person, before taking into account any credit that may be due under an agreement referred to in section 49AA of the Income-tax Act, 1922, for any chargeable accounting period shall, in computing total income for the purposes of the relevant income-tax or super-tax assessment, be allowed as a deduction: Provided that, as respects any assessment under the Income-tax Act, 1922 for any year beginning on or after the first day of April, 1958, the amount of business profits tax payable by any person under this Act shall not be allowed as a deduction in computing his total income for the purposes of the relevant income-tax or super-tax assessment. Provided further that where, under the provisions of this Act relating to deficiencies of profits relief is given by way of repayment from business profits tax chargeable for any chargeable accounting period previous to that in which the deficiency occurs, the amount of the deduction , if any, allowed 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 business profits tax in computing income for income-tax purposes", "related_acts": "", "section_id": 10 }, { "act_id": 220, "details": "11. (1) The Income-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 business profits tax, to furnish within such period, not being less than forty-five 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 and taxable profits of the business or the amount of deficiency, if any, available for relief under section 6: Provided that the Income-tax Officer may, in his discretion, extend the date for the delivery of the return. (2) The Income-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 documents as the Income-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.", "name": "Issue of notice for assessment", "related_acts": "", "section_id": 11 }, { "act_id": 220, "details": "12. (1) The Income-tax Officer shall, by an order in writing after considering such evidence, if any, as he has required under section 11, assess to the best of his judgment the profits liable to business profits tax and the amount of business 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 business profits tax, if any repayable, and shall furnish a copy of such order to the person on whom the assessment has been made. (2) Business profits tax payable in respect of any chargeable accounting period shall be payable by the person carrying on, or treated as 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": 12 }, { "act_id": 220, "details": "13. (1) The Income-tax Officer, before proceeding to make an assessment (in this section referred to as the regular assessment) under section 12, may, at any time after the expiry of the period specified in the notice issued under sub-section (1) of section 11 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 taxable profits and the amount of business profits tax payable thereon. (2) Before making such provisional assessment the Income-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 Income-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 Income-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 Income-tax Officer shall make allowance for any deficiencies of profits for previous chargeable accounting periods which are under the provisions of section 6 to be set off against the taxable 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 12, the Income-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 12, determine the amount of business profits tax due from the assessee. (6) If, when a regular assessment is made in due course under section 12, the amount of business 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 12, the amount of business 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 two 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": 13 }, { "act_id": 220, "details": "14. Profits escaping assessment.- Omitted by section 12 of the Finance Act, 1957 (I of 1957).", "name": "Omitted", "related_acts": "269", "section_id": 14 }, { "act_id": 220, "details": "15. If the Income-tax Officer, the Appellate Assistant Commissioner of Income-tax or the Commissioner of Income-tax, 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 11, or to produce or cause to be produced the accounts or documents or other evidence required by the Income-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 of the business or has deliberately furnished inaccurate particulars of such profits, he may direct that such person shall pay by way of penalty, in addition to the amount of any business profits tax payable, a sum not exceeding- (a) \twhere the person has failed to furnish the return required under sub-section (1) of section 11, the amount of the business profits tax payable; (b) \tin any other case, the amount of business profits tax which would have been avoided if the return made had been accepted as correct: Provided that the Income-tax Officer shall not impose any penalty under this section without the previous approval of the Inspecting Assistant Commissioner of Income-tax.", "name": "Penalties", "related_acts": "", "section_id": 15 }, { "act_id": 220, "details": "16. (1) Any person objecting to the amount of business profits tax for which he is liable as assessed by the Income-tax Officer or denying his liability to be assessed under this Act, or objecting to any penalty imposed by the Income-tax Officer, or to the amount of any deficiency of profits as assessed by the Income-tax Officer, or to the amount allowed by the Income-tax Officer by way of relief under any provision of this Act or to any refusal by the Income-tax Officer to grant re-relief, may appeal to the Appellate Assistant Commissioner of Income-tax. Provided that no appeal under this section shall be filed in any case in which the total income of an assessee as determined under the Income-tax Act, 1922 for the corresponding period exceeds two lakh Taka. (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 thirty 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 of Income-tax 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 of Income-tax shall determine the appeal after giving both parties to the appeal an opportunity of being heard. If the Appellate Assistant Commissioner of Income-tax is not satisfied that the assessment or order which is the subject of appeal ought to be interfered with, he shall reject the appeal and the assessment or order shall stand good. If he is satisfied that the assessment 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 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. (5) The procedure to be adopted in the hearing and determination of appeals shall be in accordance with the rules made by the National Board of Revenue in relation to income-tax.", "name": "Appeals to Appellate Assistant Commissioner of Income-tax", "related_acts": "", "section_id": 16 }, { "act_id": 220, "details": "17. (1) Any Income-tax Officer or any person in respect of whose business an order under section 12 has been passed and who objects to such order or an order, if any, passed by an Appellate Assistant Commissioner of Income-tax under section 15 or section 16 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. (1A) The Appellate Tribunal may admit an appeal after the expiry of the prescribed time referred to in sub-section (1), if it is satisfied that there was sufficient cause for not presenting it within that time. (2) 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 or order which is the subject of appeal ought to be interfered with, it shall reject the appeal and the assessment or order shall stand good. If it is satisfied that the assessment 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": "Appeal to Appellate Tribunal", "related_acts": "", "section_id": 17 }, { "act_id": 220, "details": "17A. (1) The Commissioner may on his own motion call for the record of any proceeding under this Act in which an order has been passed by any authority subordinate to him and may make such enquiry or cause such enquiry to be made and subject to the provisions of this Act may pass such order thereon not being an order prejudicial to the assessee, as he thinks fit: Provided that the Commissioner shall not revise any order under this sub-section if- (a) \twhere an appeal against the order lies to the Appellate Assistant Commissioner or to the Appellate Tribunal, the time within which such appeal may be made has not expired; or (b) \tthe order is pending on an appeal before the Appellate Assistant Commissioner or has been made the subject of an appeal to the Appellate Tribunal; or  (c) \tthe order has been made more than one year previously. Provided further that the Commissioner may, for reasons to be recorded by him in writing, also revise under this sub-section any order made more than one year previously. (2) The Commissioner may, on application by an assessee for revision of an order under this Act passed by any authority subordinate to the Commissioner, made within one year from the date of the order (or within such further period as the Commissioner may consider fit to allow on being satisfied that the assessee was prevented by sufficient cause from making the application within the period), call for the record of the proceeding in which such order was passed, and on receipt of the record may make such inquiry or cause such inquiry to be made, and, subject to the provisions of this Act, may pass such order thereon, not being an order prejudicial to the assessee, as he thinks fit: Provided that the Commissioner shall not revise any order under this sub-section if- (a) \twhere an appeal against the order lies to the Appellate Assistant Commissioner or to the Appellate Tribunal but has not been made, the time within which such appeal may be made has not expired, or, in the case of an appeal to the Appellate Tribunal, the assessee has not waived his right of appeal; or (b) \twhere an appeal against the order has been made to the Appellate Assistant Commissioner, the appeal is pending before the Appellate Assistant Commissioner; or (c) \tthe order has been made the subject of an appeal to the Appellate Tribunal: Provided further that an order by the Commissioner declining to interfere shall be deemed not to be an order prejudicial to the assessee. (3) Every application by an assessee under sub-section (2) shall be accompanied by a fee of twenty-five Taka.", "name": "Power of revision by the Commissioner", "related_acts": "", "section_id": 18 }, { "act_id": 220, "details": "18A. Agreement for avoidance of double taxation in Pakistan and India.- Omitted by section 13 of the Finance Act, 1956 (I of 1956).", "name": "Omitted.", "related_acts": "", "section_id": 19 }, { "act_id": 220, "details": "18. (1) The Commissioner or the Appellate Assistant Commissioner may at any time within four years from the date of any order passed by him in appeal or in the case of the Commissioner in revision under section 17A and the Income-tax Officer may at any time within four years from the date of any assessment order passed by him on his own motion rectify any mistake apparent from the records of appeal, revision or assessment, as the case may be, and shall within the like period rectify any such mistake 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. (2) The provisions of sub-section (1) shall also apply in like manner to the rectification of mistakes by the Appellate Tribunal. (3) Where any such rectification has the effect of reducing the assessment, the Income-tax Officer shall make any refund which may be due to such assessee. (4) Where any such rectification has the effect of enhancing the assessment, the Income-tax Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable and such notice shall be deemed to be issued under section 29 of the Income-tax Act, 1922 as applied to the business profits tax under section 19 of this Act and the provisions of this Act shall apply accordingly.", "name": "Rectification of mistakes", "related_acts": "", "section_id": 20 }, { "act_id": 220, "details": "19. (1) The provisions of sections 4A, 4B, 10, 13, 24B, 29, 34, 36 to 44C (inclusive), 45 to 48 (inclusive), 49E, 49F, 50, 54, 61 to 63 (inclusive) and 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 business 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 business profits tax 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. (2) 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 business 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 reference to sub-sections (8), (9) and (10) of that section.", "name": "Application of the provisions of Act XI of 1922", "related_acts": "", "section_id": 21 }, { "act_id": 220, "details": "20. (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": 22 }, { "act_id": 220, "details": "21. 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 11, he shall be punishable with simple imprisonment which may extend to three months or with fine which may extend to five hundred Taka or with both.", "name": "Failure to deliver returns or statements", "related_acts": "", "section_id": 23 }, { "act_id": 220, "details": "22. If a person makes in any return required under section 11 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 with imprisonment which may extend to three years and with fine.", "name": "False statements", "related_acts": "", "section_id": 24 }, { "act_id": 220, "details": "23. (1) A person shall not be proceeded against for an offence under section 21 or section 22 except at the instance of the Inspecting Assistant Commissioner of Income-tax. (2) No prosecution for an offence punishable under section 21 or section 22 or under the 5Penal 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 of Income-tax may, either before or after the institution of proceedings, compound any offence punishable under section 21 or section 22.", "name": "Institution of proceedings and composition of offences", "related_acts": "", "section_id": 25 }, { "act_id": 220, "details": "24. (1) The National Board of Revenue may, 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 funds; (b) \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": 26 } ], "text": "An Act to impose a special tax on a certain class of income.1♣♠ WHEREAS it is expedient to impose a special tax on income arising from business; It is hereby enacted as follows:-" }

{ "id": 221, "lower_text": [ "1 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)", "2 The words “before the 31st day of December, 1947” 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 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 Taxation on Income (Investigation Commission) Act, 1947", "num_of_sections": 10, "published_date": "18th April, 1947", "related_act": [ 75, 430, 86, 24, 187, 221 ], "repelled": false, "sections": [ { "act_id": 221, "details": "1. (1) This Act may be called the Taxation on Income (Investigation Commission) Act, 1947. (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": "221", "section_id": 1 }, { "act_id": 221, "details": "2. In this Act, “taxation on income” means any tax chargeable under the Income-tax Act, 1922 or the Excess Profits Tax Act, 1940.", "name": "Interpretation", "related_acts": "187", "section_id": 2 }, { "act_id": 221, "details": "3. The Government may constitute a Commission to be called the Income-tax Investigation Commission (hereinafter referred to as the Commission) whose duties it shall be- (a)\tto investigate and report to the Government on all matters relating to taxation on income, with particular reference to the extent to which the existing law relating to, and procedure for, the assessment and collection of such taxation is adequate to prevent the evasion thereof;  (b)\tto investigate in accordance with the provisions of this Act any case referred to it under section 5 and report thereon to the Government.", "name": "Constitution and functions of Commission", "related_acts": "", "section_id": 3 }, { "act_id": 221, "details": "4. (1) The Commission shall consist of a Chairman (being a person who is or has been a Judge of 1the Supreme Court) and two other Commissioners, appointed by the Government. (2) On the occurrence from any cause of a vacancy among the Commissioners, the Government may, if it thinks fit, appoint a person to fill the vacancy.", "name": "Composition of Commission", "related_acts": "", "section_id": 4 }, { "act_id": 221, "details": "5. (1) The Government may, at any time 2* * *, refer to the Commission for investigation and report any case in which the Government has prima facie reasons for believing that a person has to a substantial extent evaded payment of taxation on income, together with such material as may be available in support of such belief. (2) If in the course of investigation into a case referred to it under sub-section (1), the Commission has reason to believe that some person other than the person whose case is being investigated has himself evaded payment of taxation on income, it may make a report to the Government stating its reasons for such belief, and on receipt of such report the Government may at any time refer the case of such other person to the Commission for investigation and report.", "name": "Power of Government to refer cases for investigation", "related_acts": "", "section_id": 5 }, { "act_id": 221, "details": "6. (1) The Commission shall have power to administer oaths, and shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 for the purposes of taking evidence on oath, enforcing the attendance of witnesses and of persons whose cases are being investigated, compelling the production of documents and issuing commissions for the examination of witnesses, and shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898; and any reference in the said Chapter to the presiding officer of a Court shall be deemed to include a reference to the Chairman of the Commission. (2) If in the course of any investigation under this Act it appears to the Commission to be necessary to examine any accounts or documents which it cannot itself conveniently examine, the Commission may authorise any person qualified in its opinion to make such examination to examine the accounts or documents and interrogate for that purpose any person having charge or custody thereof and make a report thereon to the Commission; and any person having charge or custody of such accounts or documents shall be bound to produce them to the person so authorised and to give to such person any information in respect thereof which the person so authorised may require. (3) The Commissioners and all persons authorised by the Commission under this section shall be deemed to be public servants within the meaning of section 21 of the 3Penal Code.", "name": "Powers of Commission", "related_acts": "86,75", "section_id": 6 }, { "act_id": 221, "details": "7. (1) The Commission shall, subject to the provisions of this Act, have power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private) and may act notwithstanding a vacancy in the number of the Commissioners. (2) In making an investigation under clause (b) of section 3, the Commission shall act in accordance with the principles of natural justice, shall follow as far as practicable the principles of the Evidence Act, 1872, and shall give the person whose case is being investigated a reasonable opportunity of rebutting any evidence adduced against him. (3) Any person whose case is being investigated by the Commission may be represented by a pleader duly authorised to act on his behalf. (4) Except with the previous sanction of the Government,- (a)\tno suit, prosecution or other legal proceeding shall be instituted against any person in any civil or criminal Court for any evidence given by him in any proceedings before the Commission, and (b)\tno evidence so given shall be admissible in evidence against such person in any suit, prosecution or other proceeding before such Court. (5) No document shall be inadmissible in evidence in any proceedings before the Commission on the ground that it is not duly stamped or registered. (6) Nothing in section 54 of the Income-tax Act, 1922, or in that section as applied to excess profits tax by section 21 of the Excess Profits Tax Act, 1940, shall apply to the disclosure of any of the particulars referred to therein in any proceeding before the Commission or in any report made by the Commission to the Government or in any report made to the Commission by a person authorised under sub-section (2) of section 6.", "name": "Procedure of Commission", "related_acts": "24,187", "section_id": 7 }, { "act_id": 221, "details": "8. (1) After considering any report made to it under clause (b) of section 3, the Government may, by order in writing, direct that proceedings to assess in respect of the income of any period commencing after the 31st day of December, 1938 the person to whose case the report relates to income-tax, super-tax or excess profits tax shall be taken or reopened; and upon such a direction being made, such assessment proceedings may be taken and completed under the appropriate law, notwithstanding anything contained in section 34 of the Income-tax Act, 1922, or section 15 of the Excess Profits Tax Act, 1940, or any other law, and notwithstanding any lapse of time. (2) On a direction being made under sub-section (1), a copy of the report of the Commission, so far as it relates to the case of the person concerned, shall be furnished to him. (3) Notwithstanding anything to the contrary contained in any other law, in any proceedings directed to be taken under sub-section (1), any evidence in the case adduced before the Commission or a person authorised by it under sub-section (2) of section 6 shall be admissible in evidence.", "name": "Power to direct reopening of assessment proceedings", "related_acts": "187", "section_id": 8 }, { "act_id": 221, "details": "9. No act or proceeding of the Commission or any person authorised by it under sub-section (2) of section 6 shall be called in question in any manner by any Court, and no suit, prosecution or other legal proceeding shall lie against the Government or any Commissioner or any other person for anything in good faith done or intended to be done under this Act.", "name": "Bar of jurisdiction", "related_acts": "", "section_id": 9 }, { "act_id": 221, "details": "10. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 10 } ], "text": "An Act to provide for an investigation into matters relating to taxation on income.♣ WHEREAS it is expedient, for the purpose of ascertaining whether the actual incidence of taxation on income is and has been in recent years in accordance with the provisions of law, and the extent to which the existing law and procedure for the assessment and recovery of such taxation is adequate to prevent the evasion thereof, to make provision for an investigation to be made into such matters; It is hereby enacted as follows:-" }

{ "id": 222, "lower_text": [ "1 Throughout this Act, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Central 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 “in a Province” were omitted by section 4 of the Bangladesh Laws (Revision and Declaration) (Second Amendment) Act, 2000 (Act No. XL of 2000)" ], "name": "The Riot And Civil Commotion Risks Insurance Ordinance, 1947", "num_of_sections": 17, "published_date": "7th November, 1947", "related_act": [ 75, 430, 222 ], "repelled": false, "sections": [ { "act_id": 222, "details": "1. (1) This Ordinance may be called the Riot And Civil Commotion Risks Insurance Ordinance, 1947. (2) It extends to the whole of Bangladesh. (3) The Government may, by notification in the official Gazette, apply it to the whole of Bangladesh or any part thereof from such date and in such manner as may be specified in the said notification.", "name": "Short title, extent and application", "related_acts": "222", "section_id": 1 }, { "act_id": 222, "details": "2. In this Ordinance, unless there is anything repugnant in the subject or context- (1) \t“factory” means a factory as defined in clause (j) of section 2 of the Factories Act, 1934; (2)\t“factory buildings” includes all buildings comprised in the factory, and such other buildings (including residential \tbuildings for staff and workmen, hospitals and welfare centres) within a radius of two miles from the main factory as are in the same ownership or occupation as the factory and are used for the purpose of the factory; (3) “the Fund” means the Riot and Civil Commotion Insurance Fund constituted under section 11 hereafter mentioned; (4) \t“Riot and Civil Commotion Risks” means the risks of loss or damage (including loss or damage due to fire or explosion) directly caused by persons taking part in riots or civil commotions or by strikers or locked out workers or by persons of malicious intent acting on behalf of or in connection with any political organization; also loss or damage (including loss or damage due to fire or explosion) directly caused by the action of any lawfully constituted Authority in connection with the foregoing perils only: Provided always that the following shall be expressly excluded from the scope of this section:- (i) \tloss or damage caused by any of the perils hereby insured against, if such loss or damage either in origin or extent is directly or indirectly proximately or remotely, occasioned by or contributed to by any of the following occurrences, or, either in origin or extent directly or indirectly, proximately or remotely, arises out of or in connection with any of such occurrences, namely, war, invasion, act of foreign enemy, hostilities or warlike operations, (whether war be declared or not); (ii) \tloss or damage occasioned by cessation of work; (iii)\tconsequential loss or damage of any kind or description whatsoever including delay, deterioration and loss of market. (5) \t“prescribed” means prescribed by rules made by the Government under this Ordinance.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 222, "details": "3. (1) Subject to the provisions of this Ordinance every factory, factory buildings and other moveable or immoveable property described in the Schedule shall be deemed to be the property insurable under this Ordinance. (2) The Government may, by notification in the official Gazette, from time to time amend the Schedule by adding thereto or omitting therefrom any kind of property.", "name": "Properties insurable under this Ordinance", "related_acts": "", "section_id": 3 }, { "act_id": 222, "details": "4. Save in so far as is otherwise expressly provided in this Ordinance, any property shall, subject to the provisions of this section, be deemed for the purposes of this Ordinance, to be owned- (a) \tif the ownership of the property is for the time being vested in a person in relation to whom the property is insurable under this Ordinance, by that person; (b)\tif the ownership of the property is not so vested, by any person in relation to whom the property is insurable under this Ordinance and who is for the time being entitled either unconditionally, or conditionally to have the ownership of the property vested in him: Provided that where- (i) \tany property would, under the foregoing provisions of this sub section, be deemed to be owned by a person in whom the property therein is vested otherwise than in the course of a business carried on by him in the Province, or who is entitled to have the ownership of the property vested in him otherwise than in the course of such a business, and (ii)\tany person carrying on business in the Province is for the time being entitled to sell the property as agent, the property shall be deemed to be owned by the last mentioned person.", "name": "Ownership", "related_acts": "", "section_id": 4 }, { "act_id": 222, "details": "5. Insurance Scheme.- Repealed by section 2 of the Riot and Civil Commotion Risks Insurance (Repealing) Ordinance, 1948 (XXII of 1948).", "name": "Repealed", "related_acts": "", "section_id": 5 }, { "act_id": 222, "details": "6. Premium rate.- Repealed by section 2 of the Riot and Civil Commotion Risks Insurance (Repealing) Ordinance, 1948 (XXII of 1948).", "name": "Repealed", "related_acts": "", "section_id": 6 }, { "act_id": 222, "details": "7. The Government may employ or authorise the employment of any person or firm as prescribed in order to act as its agent for any of the purposes of this Ordinance and may pay to the persons or firms so employed such remuneration as the Government thinks fit.", "name": "Employment of agents by Government", "related_acts": "", "section_id": 7 }, { "act_id": 222, "details": "8. Compulsory insurance.- Repealed by section 2 of the Riot and Commotion Risks Insurance (Repealing) Ordinance, 1948 (XXII 1948).", "name": "Repealed", "related_acts": "", "section_id": 8 }, { "act_id": 222, "details": "9. (1) Where any person has failed to insure as, or to the full amount required by this Ordinance and has thereby evaded the payment by way of premium of any money which he would have had to pay but for such failure, an officer authorised in this behalf by the Government may determine the amount, payment of which has been evaded. The amount so determined shall be payable by such person and shall be recoverable from him as an arrear of land revenue and shall be a first charge on the property in respect of which the default was made. (2) A person against whom a determination is made under sub section (1) may, within the prescribed period appeal against such determination to the Government whose decision shall be final.", "name": "Recovery of premiums unpaid-", "related_acts": "", "section_id": 9 }, { "act_id": 222, "details": "10. Restriction on carrying on certain insurance business.- Repealed by section 2 of the Riot and Civil Commotion Risks Insurance (Repealing) Ordinance, 1948 (XXII of 1948).", "name": "Repealed", "related_acts": "", "section_id": 10 }, { "act_id": 222, "details": "11. (1) The Government shall establish or cause to be established a Fund 2* * * for the purposes of this Ordinance, to be called the Riot and Civil Commotion Insurance Fund into which shall be paid all sums received by the Government by way of Insurance premiums under the Riot and Civil Commotion Insurance Scheme or by way of payments made on composition of offences under section 15, or ordered to be paid under section 545 of the Code of Criminal Procedure, 1898, in any prosecution under this Ordinance, and out of which shall be paid all sums required for the discharge by the Government of any of its liabilities under the Riot and Civil Commotion Insurance Scheme, or for the payment by the Government of the remuneration and expenses of agents employed for the purposes of that Scheme. (2) If, at any time, when a payment is to be made out of the Fund, the sum standing to the credit of the Fund is less than the sum required for the making of that payment an amount equal to the deficiency shall be paid into the Fund as an advance out of general revenues. (3) If, at any time, the amount standing to the credit of the Fund exceeds the sum which, in the opinion of the Government, is likely to be required for the making of payments out of the Fund, the excess shall be paid into general revenues. (4) The Government shall prepare in such form and manner as may be prescribed, and shall publish either annually or at such shorter intervals as may be prescribed, an account of all sums received into and paid out of the Fund.", "name": "Riot and Civil Commotion Insurance Fund", "related_acts": "75", "section_id": 11 }, { "act_id": 222, "details": "12. (1) Any person authorised in this behalf by the Government may, for the purpose of ascertaining whether or not the requirements of this Ordinance have been complied with- (a) \trequire any person carrying on in any part of Bangladesh the business of fire insurance or an owner of property to submit to him such accounts, books or other documents or to furnish to him such information as he may reasonably think necessary, or (b) \tat any reasonable time enter any premises occupied by any person carrying on in any part of Bangladesh any such business or by such owner of the property, and inspect the premises and require any person found therein who is for the time being in charge thereof to produce to him and allow him to examine such accounts, books or other documents as may relate to the business carried on in the premises or to furnish to him such information as he may reasonably think necessary. (2) Whoever wilfully obstructs any person in the exercise of his powers under this section or fails without reasonable excuse to comply with a request made thereunder shall, in respect of each occasion on which any such obstruction or failure takes place, be punishable with fine which may extend to five hundred rupees. (3) Whoever in purporting to comply with his obligations under this section, knowingly or recklessly makes a statement false in a material particular, shall be punishable with fine which may extend to one thousand rupees.", "name": "Power of Government to obtain information", "related_acts": "", "section_id": 12 }, { "act_id": 222, "details": "13. (1) Where property of any description has been insured, by an owner for any period, and before that period has elapsed property of that description has ceased, by virtue of a notification under sub section (2) of section 3, to be property insurable under this Ordinance, the person who has insured such property shall be entitled to a proportionate refund of premium. (2) In any other case the Government may, at its discretion, order a refund to be made of any sum paid or purporting to have been paid as premium in respect of any policy issued or purporting to have been issued under this Ordinance. (3) On and after the eighth day of November, 1947 no suit shall be maintainable in any civil Court against the Government or a person acting as agent of the Government under section 7 for the refund of money paid or purporting to have been paid as premium in respect of any policy issued or purporting to have been issued under this Ordinance.", "name": "Refund of premiums in certain cases", "related_acts": "", "section_id": 13 }, { "act_id": 222, "details": "14. No prosecution for any offence punishable under this Ordinance shall be instituted against any person except by or with the consent of the Government or any authority on whom powers are conferred in this behalf by the Government.", "name": "Limitation on prosecution", "related_acts": "", "section_id": 14 }, { "act_id": 222, "details": "15. Any offence punishable under sub section (2) of section 8 may, either before or after the institution of the prosecution, be compounded by the Government or by any authority on whom powers are conferred in this behalf by the Government, on payment for credit to the Fund of such sum as the Government or such authority, as the case may be, thinks fit.", "name": "Composition of offences", "related_acts": "", "section_id": 15 }, { "act_id": 222, "details": "16. 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 Ordinance.", "name": "Bar of legal proceedings", "related_acts": "", "section_id": 16 }, { "act_id": 222, "details": "17. (1) The Government may, by notification in the official Gazette, make rules to carry into effect the provisions of this Ordinance. (2) Without prejudice to the generality of the foregoing power, such rules may prescribe- (a) the forms of the policies of insurance referred to in sub section (2) of section 6, the maximum period in respect of which such policies shall be issued, the rates at which premiums on such policies shall be payable and the minimum amount which shall be payable as any one premium on such policies; (b) \tpersons or firms to be prescribed for the purposes of section 7; (c) \tthe procedure in making determination and in presenting appeals from determination made under section 9; (d) \tthe form of and the manner of preparing the account referred to in sub section (4) of section 11 and the intervals at which such account shall be published.", "name": "Power to make rules", "related_acts": "", "section_id": 17 } ], "text": "An Ordinance to provide for the insurance of certain property against Riot and Civil Commotion Risks. 1♣ WHEREAS an emergency has arisen which makes it necessary to provide for the insurance of certain property against Riot and Civil Commotion Risks; NOW, THEREFORE, in exercise of the powers conferred by section 42 of the Government of India Act, 1935, the Governor-General is pleased to make and promulgate the following Ordinance, namely: -" }

{ "id": 223, "lower_text": [ "1 Throughout this Act, the words “Bangladesh Armed Forces” and “Government” were substituted for the words “Pakistan Armed Forces” and “Central 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 “the whole of Bangladesh” were substituted for the words “all the territories of Pakistan” 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 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 Armed Forces (Recruitment and Conditions of Service) Act, 1948", "num_of_sections": 4, "published_date": "9th June, 1948", "related_act": [ 430, 223 ], "repelled": false, "sections": [ { "act_id": 223, "details": "1. (1) This Act may be called the Armed Forces (Recruitment and Conditions of Service) Act, 1948. (2) It extends to 2the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "223", "section_id": 1 }, { "act_id": 223, "details": "2. The recruitment to the Armed Forces of 3Bangladesh including the Army, the Navy and the Air Force shall be governed by rules framed by the Government.", "name": "Power to make rules for recruitment", "related_acts": "", "section_id": 2 }, { "act_id": 223, "details": "3. The Government shall make Rules for the regulation and control of the conditions of service as respects pay, leave, pensions and general rights of the services mentioned in section 2.", "name": "Power to make rules for conditions of service", "related_acts": "", "section_id": 3 }, { "act_id": 223, "details": "4. Saving as to sections 12 and 13 of the Independence Act.- 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": 4 } ], "text": "An Act to provide for the regulation and control of the recruitment and conditions of service of the Bangladesh Armed Forces.1♣ WHEREAS it is necessary to provide for the regulation and control of the recruitment and conditions of service of the Bangladesh Armed Forces; It is hereby enacted as follows:-" }

{ "id": 224, "lower_text": [ "1 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)", "2 e 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 United Nations (Security Council) Act, 1948", "num_of_sections": 2, "published_date": "11th June, 1948", "related_act": [ 224, 430 ], "repelled": false, "sections": [ { "act_id": 224, "details": "1. This Act may be called the United Nations (Security Council) Act, 1948.", "name": "Short title", "related_acts": "224", "section_id": 1 }, { "act_id": 224, "details": "2. If, under Article 41 of the Charter of the United Nations signed at San Francisco on the 26th day of June, 1945, the Security Council of the United Nations calls upon the 1Government to apply any measures, not involving the use of armed force, to give effect to any decision of that Council, the 2Government may, by order published in the official Gazette, make such provisions (including provisions having extra-territorial operation) as appear to it necessary or expedient for enabling those measures to be effectively applied , and without prejudice to the generality of the foregoing power, provision may be made for the punishment of persons offending against the order.", "name": "Measures under Art. 41 of the Charter of the United Nations", "related_acts": "", "section_id": 2 } ], "text": "An Act to enable effect to be given to certain provisions of the Charter of the United Nations. WHEREAS it is expedient to enable effect to be given to certain provisions of the Charter of the United Nations; It is hereby enacted as follows:-" }

{ "id": 225, "lower_text": [ "1 Throughout this Act, the words “Bangladesh”, “High Court Division” and “Government” were substituted for the words “East Pakistan”, High Court” 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)" ], "name": "The Criminal Law (Amendment) Act, 1948 (East Bengal Act)", "num_of_sections": 16, "published_date": "2nd September, 1948", "related_act": [ 430, 86 ], "repelled": false, "sections": [ { "act_id": 225, "details": "1. (1) This Act may be called the Criminal Law (Amendment) Act, 1948. (2) It extends to the whole of Bangladesh.", "name": "Short title and extent", "related_acts": "", "section_id": 1 }, { "act_id": 225, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- “scheduled offence” means an offence specified in the Schedule to this Act.", "name": "Definition", "related_acts": "", "section_id": 2 }, { "act_id": 225, "details": "3. For the purposes of this Act the date of the termination of criminal proceedings shall be deemed to be- (a)\twhere such proceedings are taken to the High Court Division, whether in appeal or on revision, the date on which the High Court Division passes its final orders in such appeal or revision, or (b)\twhere such proceedings are not taken to the High Court Division, the day immediately following the expiry of sixty days from the date of the last judgment or order of a criminal court in the proceedings.", "name": "Interpretation", "related_acts": "", "section_id": 3 }, { "act_id": 225, "details": "4. (1) Where the Government has reason to believe that any person has committed (whether after or before the commencement of this Act) any scheduled offence, the Government may, whether or not any Court has taken cognizance of the offence, authorise the making of an application to the District Judge within the local limits of whose jurisdiction the said person ordinarily resides or carries on his business, for the attachment under this Act of the money or other property which the Government believes the said person to have procured by means of the offence, or if such money or other property cannot for any reason be attached, of other property of the said person of value as nearly as may be equivalent to that of the aforesaid money or other property. (2) The provisions of Order XXVII of the First Schedule to the Code of Civil Procedure, 1908, shall apply to proceedings for an order of attachment under this Act as they apply to suits by the Government. (3) An application under sub-section (1) shall be accompanied by one or more affidavits stating the grounds on which the belief that the said person has committed any scheduled offence is founded, and the amount of money or the value of other property believed to have been procured by means of the offence. The application shall also furnish- (a)\tany information available as to the location for the time being of any such money or other property, and shall, if necessary, give particulars, including the estimated value, of other property of the said person; and (b)\tthe names and addresses of any other persons believed to have, or to be likely to claim, any interest or title in the property of the said person.", "name": "Application for attachment of property", "related_acts": "86", "section_id": 4 }, { "act_id": 225, "details": "5. (1) Upon receipt of an application under section 4, the District Judge shall, unless for reasons to be recorded in writing he is of opinion that there exist no prima facie grounds for believing that the person in respect of whom the application is made has committed any scheduled offence or that he has procured thereby any money or other property, pass without delay an ad interim order attaching the money or other property alleged to have been so procured, or if it transpires that such money or other property is not available for attachment, such other property of the said person of equivalent value as the District Judge may think fit: Provided that the District Judge may if he thinks fit before passing such order, and shall before refusing to pass such order, examine the person or persons making the affidavits accompanying the application. (2) At the same time as he passes an order under sub-section (1), the District Judge shall issue to the person whose money or other property is being attached a notice, accompanied by copies of the order, the application and affidavits and of the evidence, if any, recorded, calling upon him to show cause on a date to be specified in the notice why the order of attachment should not be made absolute. (3) The District Judge shall also issue notices, accompanied by copies of the documents accompanying the notice under sub-section (2), to all persons represented to him as having, or being likely to claim, any interest or title in the property of the person to whom notice is issued under the said sub-section, calling upon each such person to appear on the same date as that specified in the notice under the said sub-section and make objection if he so desires to the attachment of the property or any portion thereof on the ground that he has an interest in such property or portion thereof. (4) Any other person claiming an interest in the attached property or any portion thereof may, notwithstanding that no notice has been served upon him under this section, make an objection as aforesaid to the District Judge at any time before an order is passed under sub-section (1) or sub-section (3), as the case may be, of section 6.", "name": "Ad interim attachment", "related_acts": "", "section_id": 5 }, { "act_id": 225, "details": "6. (1) If no cause is shown and no objections are made under section 5 on or before the specified date, the District Judge shall forthwith pass an order making the ad interim order of attachment absolute. (2) If cause is shown or any objections are made as aforesaid, the District Judge shall proceed to investigate the same, and in so doing, as regards the examination of the parties and in all other respects he shall, subject to the provisions of this Act, follow the procedure and exercise all the powers of a Court in hearing a suit under the Code of Civil Procedure, 1908; and any person making an objection under section 5 shall be required to adduce evidence to show that at the date of the attachment he had some interest in the property attached. (3) After investigation under sub-section (2), the District Judge shall pass an order either making the ad interim order of attachment absolute or varying it by releasing a portion of the property from attachment or withdrawing the order: Provided that the District Judge shall not - (a)\trelease from attachment any interest which he is satisfied that the person believed to have committed a scheduled offence has in the property, unless he is also satisfied that there will remain under attachment an amount of the said person's property of value not less than that of the property believed to have been procured by the said person by means of the offence, or (b)\twithdraw the order of attachment unless he is satisfied that the said person has not by means of the said offence procured any money or other property.", "name": "Investigation of objections to attachment", "related_acts": "86", "section_id": 6 }, { "act_id": 225, "details": "7. (1) Where the assets available for attachment of a person believed to have committed a scheduled offence are found to be less than the amount or value which he is believed to have procured by means of such offence, and where the District Judge is satisfied, by affidavit or otherwise, that there is reasonable cause for believing that the said person has, after the date on which the offence is alleged to have been committed, transferred (whether after the commencement of this Act or not) any of his property otherwise than in good faith and for consideration, the District Judge may by notice require any transferee of such property (whether or not he received the property directly from the said person) to appear on a date to be specified in the notice and show cause why so much of the transferee's property as is equivalent to the proper value of the property transferred should not be attached. (2) Where the said transferee does not appear and show cause on the specified date, or where after investigation in the manner provided in sub-section (2) of section 6, the District Judge is satisfied that the transfer of the property to the said transferee was not in good faith and for consideration, the District Judge shall order the attachment of so much of the said transferee's property as is in the opinion of the District Judge equivalent to the proper value of the property transferred.", "name": "Attachment of property of mala fide transferees", "related_acts": "", "section_id": 7 }, { "act_id": 225, "details": "8. An order of attachment of property under this Act shall be carried into effect in the manner provided in the Code of Civil Procedure, 1908, for the attachment of property in execution of a decree so far it is not inconsistent with the provisions of this Act.", "name": "Execution of orders of attachment", "related_acts": "86", "section_id": 8 }, { "act_id": 225, "details": "9. Any person whose property has been or is about to be attached under this Act may at any time apply to the District Judge to be permitted to give security in lieu of such attachment, and where the security offered and given is in the opinion of the District Judge satisfactory and sufficient, he may withdraw or, as the case may be, refrain from passing the order of attachment.", "name": "Security in lieu of attachment", "related_acts": "", "section_id": 9 }, { "act_id": 225, "details": "10. (1) The District Judge may, on the application of any person interested in any property attached under this Act and after giving the agent of the Government an opportunity of being heard, make such orders, as the District Judge considers just and reasonable for - (a)\tproviding from such of the attached property as the applicant claims an interest in, such sums as may be reasonably necessary for the maintenance of the applicant and of his family, and for the expenses connected with the defence of the applicant where criminal proceedings have been instituted against him in any Court for a scheduled offence; (b)\tsafeguarding so far as may be practicable the interests of any business affected by the attachment, and in particular, the interests of any partners in such business. (2) Where it appears to the District Judge to be just and convenient, he may by order appoint a Receiver to manage any property attached under this Act in accordance with such instructions as the District Judge may from time to time think fit to give; and where a Receiver is so appointed, the provisions of rules 2, 3, 4 and 5 of Order XL of the First Schedule to the Code of Civil Procedure, 1908, shall be applicable.", "name": "Administration of attached property", "related_acts": "86", "section_id": 10 }, { "act_id": 225, "details": "11. An order of attachment of property under this Act shall, unless it is withdrawn earlier in accordance with the provisions of this Act, continue in force- (a)\twhere no Court has taken cognizance of the alleged scheduled offence at the time when the order is applied for, for three months from the date of the order under sub-section (1) of section 5 or sub-section (2) of section 7, as the case may be, unless cognizance of such offence is in the mean time so taken, or unless the District Judge on application by the agent of the Government thinks it proper and just that the period should be extended and passes an order accordingly; or (b)\twhere a Court has taken cognizance of the alleged scheduled offence whether before or after the time when the order was applied for until orders are passed by the District Judge in accordance with the provisions of this Act after the termination of the criminal proceedings.", "name": "Duration of attachment", "related_acts": "", "section_id": 11 }, { "act_id": 225, "details": "12. (1) The Government or any person who has shown cause under section 5 or section 7 or has made an objection under section 5 or has made an application under section 9 or section 10, if aggrieved by any order of the District Judge under any of the foregoing provisions of this Act, may appeal to the High Court Division within thirty days from the date on which the order complained against was passed. (2) Upon any appeal under this section the High Court Division may after giving such parties as it thinks proper an opportunity of being heard, pass such orders as it thinks fit. (3) Until an appeal under this section is finally disposed of by the High Court Division, no Court shall, otherwise than in accordance with the provisions of section 9 or section 14 order the withdrawal or suspension of any order of attachment to which the appeal relates.", "name": "Appeals", "related_acts": "", "section_id": 12 }, { "act_id": 225, "details": "13. (1) Where before judgment is pronounced in any criminal trial for a scheduled offence, it is represented to the Court that an order of attachment of property has been passed under this Act in connection with such offence, the Court shall, if it is convicting the accused, record a finding as to the amount of money or value of other property procured by the accused by means of the offence. (2) In any appeal or revisional proceedings against such conviction, the appellate or revisional Court shall, unless it sets aside the conviction, either confirm such finding or modify it in such manner as it thinks proper. (3) In any appeal or revisional proceedings against an order of acquittal passed in a trial such as is referred to in sub-section (1), the appellate or revisional Court, if it convicts the accused, shall record a finding such as is referred to in that sub-section.", "name": "Criminal Courts to evaluate property procured by scheduled offences", "related_acts": "", "section_id": 13 }, { "act_id": 225, "details": "14. (1) Upon the termination of any criminal proceedings for any scheduled offence in respect of which any order of attachment of property has been made under this Act or security given in lieu thereof, the agent of the Government shall without delay inform the District Judge, and shall, where criminal proceedings have been taken in any Court, furnish the District Judge with a copy of the judgment or order of the trying Court and with copies of the judgments or orders, if any, of the appellate or revisional Courts thereon. (2) Where it is reported to the District Judge under sub-section (1) that cognizance of the alleged scheduled offence has not been taken or where the final judgment or order of the Criminal Courts is one of acquittal, the District Judge shall forthwith withdraw any orders of attachment of property made in connection with the offence, or where security has been given in lieu of such attachment, order such security to be returned. (3) Where the final judgment or order of the Criminal Courts is one of conviction, the District Judge shall order that from the property of the convicted person attached under this Act or out of the security given in lieu of such attachment, there shall be forfeited to the Government such amount or value as is found in the final judgment or order of the Criminal Courts in pursuance of section 13 to have been procured by the convicted person by means of the offence, together with the costs of attachment as determined by the District Judge; and where the final judgment or order of the Criminal Courts has imposed or upheld a sentence or fine on the said person (whether alone or in conjunction with any other punishment), the District Judge may order, without prejudice to any other mode of recovery, that the said fine shall be recovered from the residue of the said attached property or of the security given in lieu of attachment. (4) Where the amounts ordered to be forfeited or recovered under sub-section (3) exceed the value of the property of the convicted person attached, and where the property of any \ttransferee of the convicted person has been attached under section 7, the District Judge shall order that the balance of the amount ordered to be forfeited under sub-section (3) together with the cost of attachment of the transferee's property as determined by the District Judge shall be forfeited to the Government from the attached property of the transferee or out of the security given in lieu of such attachment; and the District Judge may order, without prejudice to any other mode of recovery, that any fine referred to in sub-section (3) or any portion thereof not recovered under that sub-section shall be recovered from the attached property of the transferee or out of the security given in lieu of such attachment. (5) If any property remains under attachment in respect of any scheduled offence or any security given in lieu of such attachment remains with the District Judge after his orders under sub-sections (3) and (4) have been carried into effect, the order of attachment in respect of such property remaining shall be forthwith withdrawn, or as the case may be, the remainder of security returned, under the orders of the District Judge.", "name": "Disposal of attached property upon termination of criminal proceedings", "related_acts": "", "section_id": 14 }, { "act_id": 225, "details": "15. Save as provided in section 12 and notwithstanding anything contained in any other law,- (a)\tno suit or other legal proceedings shall be maintainable in any Court - (i) \tin respect of any property ordered to be forfeited under section 14 or which has been taken in recovery of fine in pursuance of an order under that section, or (ii) \twhile any other property is attached under this Act, in respect of such other property, by any person upon whom a notice has been served under section 5 or section 7 or who has made an objection under sub-section (4) of section 5; and (b)\tno Court shall, in any legal proceedings or otherwise, pass any decree or order other than a final decree in a suit by a person not being a person referred to in clause (a), which shall have the effect of nullifying or affecting in any way any subsisting order of attachment of property under this Act, or the right of the District Judge to hold security in lieu of any such order of attachment.", "name": "Bar to other proceedings", "related_acts": "", "section_id": 15 }, { "act_id": 225, "details": "16. No suit, prosecution or other legal proceedings shall lie against any person for anything in good faith done or intended to be done in pursuance of this Act.", "name": "Indemnity", "related_acts": "", "section_id": 16 } ], "text": "An Act to provide for preventing the disposal or concealment of money or other property procured by means of certain offences committed in Bangladesh.1♣ WHEREAS it is expedient to provide for preventing the disposal or concealment of money or other property procured by means of certain offences committed in Bangladesh; It is hereby enacted as follows:-" }

{ "id": 226, "lower_text": [ "1 Throughout this Act, the word “Government” was substituted for the words “Central 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 “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 Protection of Ports (Special Measures) Act, 1948", "num_of_sections": 9, "published_date": "11th June, 1948", "related_act": [ 89, 226, 430 ], "repelled": false, "sections": [ { "act_id": 226, "details": "1. (1) This Act may be called the Protection of Ports (Special Measures) Act, 1948. (2) It shall extend to the Port of Chittagong in the first instance, but may at any time, by notification in the official Gazette, be extended by the Government to any other port in 2Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "226", "section_id": 1 }, { "act_id": 226, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“port” means a “major port” as defined in sub-section (8) of section 3 of the Ports Act, 1908; (b)\t“protected area” means an area declared to be a protected area under the next succeeding section.", "name": "Interpretation", "related_acts": "89", "section_id": 2 }, { "act_id": 226, "details": "3. (1) If the Government considers it necessary or expedient to regulate the entry of persons into a port, it may, by notified order, declare the port to be a protected area, and thereupon, for so long as the order is in force, such area shall be a protected area for the purposes of this Act. (2) A notification under sub-section (1) shall define the limits of the area to which it refers: Provided that the Government may alter such limits from time to time by a notification issued in this behalf. (3) Limits defined under sub-section (2) may include any piers, jetties, landing-places, wharves, quays, docks and other works made on behalf of the public for convenience of traffic, for safety of vessels, or for the improvement, maintenance or good government of the port and its approaches, whether within or without high-watermark, and any portion of the shore or bank within any limits considered necessary by Government.", "name": "Protected area", "related_acts": "", "section_id": 3 }, { "act_id": 226, "details": "4. (1) The Government may, by notification in the official Gazette, make Rules for controlling or regulating the admission of persons to, and the conduct of persons in, and in the vicinity of, a protected area. (2) In particular, and without prejudice to the generality of the foregoing power, the Government may make Rules for any or all of the following purposes, namely:- (a)\tfor restricting the entry of persons into the protected area; (b)\tfor removing persons from the protected area; (c)\tfor dealing with persons loitering in suspicious circumstances in the vicinity of the protected area.", "name": "Rules for regulation of entry, etc.", "related_acts": "", "section_id": 4 }, { "act_id": 226, "details": "5. Any order passed in pursuance of Rules made under section 4 may authorise an officer or officers specified in the order to issue directions for carrying out the purposes of this Act.", "name": "Delegation", "related_acts": "", "section_id": 5 }, { "act_id": 226, "details": "6. Whoever contravenes any Rule made under this Act or an order passed in pursuance thereof shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.", "name": "Penalties", "related_acts": "", "section_id": 6 }, { "act_id": 226, "details": "7. No prosecution for any offence punishable under this Act shall be instituted except on a reports in writing made by an officer authorised by the Government in this behalf.", "name": "Procedure", "related_acts": "", "section_id": 7 }, { "act_id": 226, "details": "8. No suit, prosecution or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this Act.", "name": "Bar of legal proceeding", "related_acts": "", "section_id": 8 }, { "act_id": 226, "details": "9. The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force regulating the admission of persons to, and the conduct of persons in, and in the vicinity of, a port.", "name": "Saving of other laws", "related_acts": "", "section_id": 9 } ], "text": "An Act to provide for special measures to ensure the protection of ports.1♣ WHEREAS it is necessary to provide for special measures to ensure the protection of ports; It is hereby enacted as follows:-" }

{ "id": 227, "lower_text": [ "1 Throughout this Act, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Central Government” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No VIII of 1973)" ], "name": "The United Nations (Privileges and Immunities) Act, 1948", "num_of_sections": 4, "published_date": "16th June, 1948", "related_act": [ 227, 430 ], "repelled": false, "sections": [ { "act_id": 227, "details": "1. This Act may be called the United Nations (Privileges and Immunities) Act, 1948.", "name": "Short title", "related_acts": "227", "section_id": 1 }, { "act_id": 227, "details": "2. (1) Notwithstanding anything to the contrary contained in any other law, the provisions set out in the Schedule to this Act of the Convention on the Privileges and Immunities, adopted by the General Assembly of the United Nations on the 13th day of February 1946, shall have the force of law in Bangladesh. (2) The Government may, from time to time, by notification in the official Gazette, amend the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the said Convention set out therein.", "name": "Conferment on United Nations and its representatives and officers of certain privileges and immunities", "related_acts": "", "section_id": 2 }, { "act_id": 227, "details": "3. Where in pursuance of any international Agreement, convention or other instrument it is necessary to accord to any international organisation and its representatives and officers privileges and immunities in Bangladesh similar to those contained in the provision set out in the Schedule, the Government may, by notification in the official Gazette, declare that the provisions set out in the Schedule shall, subject to such modifications, if any, as it may consider necessary or expedient for giving effect to the said agreement, convention or other instrument apply mutatis mutandis to the international organisation specified in the notification and its representatives and officers, and thereupon the said provisions shall apply accordingly and, notwithstanding anything to the contrary contained in any other law, shall in such application have the force of law in Bangladesh.", "name": "Power to confer certain privileges and immunities on other international organisations and their representatives and officers", "related_acts": "", "section_id": 3 }, { "act_id": 227, "details": "4. The Government may make rules for carrying out the purposes of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 4 } ], "text": "An Act to give effect to the Convention on the Privileges and Immunities of the United Nations.1♣ WHEREAS it is expedient to give effect to the Convention on the Privileges and Immunities of the United Nations, and to enable similar privileges and immunities to be enjoyed by other international organisations and their representatives and officials; It is hereby enacted as follows:-" }

{ "id": 228, "lower_text": [ "1 Throughout this Act, the words “Bangladesh”, “Government” and “Tk.” were substituted for the words “Pakistan”, “Central Government” and “Rs.” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "2 Section 8 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 Diplomatic and Consular Officers (Oaths and Fees) Act, 1948", "num_of_sections": 8, "published_date": "8th January, 1949", "related_act": [ 228, 430 ], "repelled": false, "sections": [ { "act_id": 228, "details": "1. (1) This Act may be called the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948. (2) It shall come into force at once, and shall be deemed to have taken effect from the fifteenth day of August, 1947.", "name": "Short title and commencement", "related_acts": "228", "section_id": 1 }, { "act_id": 228, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) “consular officer” includes consul, consular agent, consul-general, honorary consul, pro-consul and vice-consul; and (b) “diplomatic officer” includes ambassador, agent, agent-general, assistant high commissioner, attache of a diplomatic mission, charge d affaires, commissioner, counsellor, deputy high commissioner, diplomatic secretary, high commissioner and minister.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 228, "details": "3. (1) Every diplomatic or consular officer of Bangladesh exercising his functions in any foreign country or place, or any such diplomatic or consular officer of a foreign country as is in writing authorised in this behalf by the Government in relation to any foreign country or place, may in that country or place administer any oath or affirmation and take any affidavit and also do any notarial act which any notary public may do within the territories of Bangladesh, and every such oath, affirmation, affidavit and notarial act administered, sworn or done by or before any such person shall be as effectual as if duly administered, sworn or done by or before any lawful authority in any part of Bangladesh. (2) Any document purporting to have affixed, impressed, or subscribed thereon or thereto the seal and signature of any person authorised by this section to administer an oath in testimony of any oath, affirmation, affidavit, or act being administered, sworn or done by or before him, shall be admitted in evidence without proof of the seal or signature being the seal or signature of that person, or of the official character of that person.", "name": "Powers as to oaths and notarial acts abroad", "related_acts": "", "section_id": 3 }, { "act_id": 228, "details": "4. (1) The Government shall have power to fix tables of fees to be charged in respect of any act done in the execution of his office by a consular officer or by a diplomatic officer entrusted with consular duties, and to make regulations in accordance with which fees shall be levied, accounted for and applied or may be remitted. (2) Tables of any fees so fixed and any regulations so made shall be published in the official Gazette.", "name": "Power to fix fees", "related_acts": "", "section_id": 4 }, { "act_id": 228, "details": "5. (1) Tables of the fees mentioned in the preceding section shall be exhibited prominently at every customs port, land customs station and customs aerodrome. (2) Every consular officer and diplomatic officer entrusted with consular functions shall exhibit the aforesaid tables of fees in his office prominently and shall permit them to be inspected by any person wishing to do so.", "name": "Exhibition of tables of fees", "related_acts": "", "section_id": 5 }, { "act_id": 228, "details": "6. No consular officer or diplomatic officer entrusted with consular duties shall, save as may be provided in the aforesaid regulations, ask for or take any fee or reward for any act done in the execution of his office, and if he does so he shall, without prejudice to any other liability, be punishable for every such offence with fine which may extend to Tk. 3,000.", "name": "Penalty for taking excessive fees", "related_acts": "", "section_id": 6 }, { "act_id": 228, "details": "7. (1) Whoever swears falsely in any oath or affidavit taken or made in accordance with the provisions of this Act shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. (2) Whoever forges or fraudulently alters the seal or signature of any person authorised by or under this Act to administer an oath or tenders in evidence, or otherwise uses, any affidavit having any seal or signature so forged or counterfeited or fraudulently altered knowing the same to be forged, counterfeited or fraudulently altered, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.", "name": "Punishment for offences under this Act", "related_acts": "", "section_id": 7 }, { "act_id": 228, "details": "28. No Court shall take cognizance of an offence under this Act with which any consular officer or diplomatic officer is charged except upon complaint in writing made by a person authorised in this behalf by general or special order of the Government.", "name": "Bar on taking cognizance of offence", "related_acts": "", "section_id": 8 } ], "text": "An Act to provide for the administration of oaths by diplomatic and consular officers and to prescribe the fees leviable in respect of certain of their official duties.1♣ WHEREAS it is expedient to provide for the administration of oaths by diplomatic and consular officers and for the levy of fees in respect of certain official duties performed by them; It is hereby enacted as follows:-" }

{ "id": 229, "lower_text": [ "1 Throughout this Act, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Central Government” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "2 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)", "3 Section 2A was inserted by section 2 of the Cantonments (Requisitioning of Immovable Property) (Amendment) Ordinance, 1959 (57 of 1959)", "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 Section 5A was inserted by section 3 of the Cantonments (Requisitioning of Immovable Property) (Amendment) Ordinance, 1959 (57 of 1959)" ], "name": "The Cantonments (Requisitioning of Immoveable Property) Ordinance, 1948", "num_of_sections": 10, "published_date": "28th January, 1948", "related_act": [ 229, 430 ], "repelled": false, "sections": [ { "act_id": 229, "details": "1. (1) This Ordinance may be cited as “The Cantonments (Requisitioning of Immoveable Property) Ordinance, 1948”. (2) It shall come into force at once and shall remain in force till it is withdrawn or ceases to operate. 2(3) It extends to all the Cantonments of Bangladesh excluding places of religious worship therein.", "name": "Short title and commencement.", "related_acts": "229", "section_id": 1 }, { "act_id": 229, "details": "2. (1) If in the opinion of the Government it is necessary or expedient so to do, the Government may by order in writing requisition any immoveable property (excluding the places of religious worship) and may make such further orders as appear to it to be necessary or expedient in connection with requisitioning. (2) Where the Government has requisitioned any immoveable property under the preceding sub-section it may use or deal with the property in such manner as it thinks fit.", "name": "Requisition of immoveable property", "related_acts": "", "section_id": 2 }, { "act_id": 229, "details": "32A. Omitted by section 4 of Bangladesh Laws (Revision and Declaration) (Second Amendment) Act, 2000 (Act No. XL of 2000).", "name": "Omitted", "related_acts": "", "section_id": 3 }, { "act_id": 229, "details": "3. (1) Where any property requisitioned under section 2 is to be released from requisition, the Government may after making such inquiry, if any, as it considers necessary, specify by order in writing, the person to whom possession of the property shall be given. (2) The delivery of possession of the property to the person specified in an order made under sub-section (1) shall be a full discharge of the Government from all liability in respect of such delivery but shall not prejudice any rights in respect of the property which any other person may be entitled by due process of law to enforce against the person to whom possession of the property is so delivered. (3) Where the person to whom possession of any property is to be given cannot be found and has no agent or other person empowered to accept delivery on his behalf, the Government shall cause a notice declaring that the property is released from requisitioning to be published in the official Gazette and to be affixed on some conspicuous part of the property. (4) When a notice referred to under sub-section (3) is published in the official Gazette, the property specified in the notice shall cease to be subject to requisitioning on and from the date of such publication and shall be deemed to have been delivered to the person entitled to the possession thereof, and the Government shall not be liable for any compensation or other claim in respect of the property for any period after the date of the said notification.", "name": "Release of requisitioned property and delivery of its possession, etc.", "related_acts": "", "section_id": 4 }, { "act_id": 229, "details": "4. Where any immoveable property is requisitioned under this Ordinance, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say- (a) \tWhere the amount of compensation can be fixed by agreement it shall be paid in accordance with such agreement. (b) \tWhere no such agreement can be reached the Government shall under the rules to be framed by it, under the clause fix a reasonable amount of compensation. The rules so framed specifying the principles on which and the manner in which compensation is to be determined shall be notified in the official Gazette. (c) \tThe compensation fixed the Government under clause (b) above shall be final and no suit or appeal shall lie against Government before any court of law in that behalf.", "name": "Compensation for requisitioned property", "related_acts": "", "section_id": 5 }, { "act_id": 229, "details": "5. (1) The Government may, with a view to carrying out the purposes of this Ordinance, by order require any person to furnish to such authority as may be specified in the order such information in his possession relating to any immoveable property as may be so specified. (2) If any person fails to furnish the information required by order under sub-section (1) or furnishes any information which is false and which he either knows or has reason to believe to be false or does not believe to be true shall be punishable with imprisonment with a term which may extend to six months or with fine up to five hundred 4taka or with both.", "name": "Acquisition of information relating to immoveable property", "related_acts": "", "section_id": 6 }, { "act_id": 229, "details": "55A. The Government may make rules for carrying out the purposes of this Ordinance.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 229, "details": "6. The Government may take or cause to be taken such steps and use or caused to be used such force as may in the opinion of that Government be reasonably necessary for securing compliance with any order made by it under this Ordinance.", "name": "Powers to secure compliance with an order", "related_acts": "", "section_id": 8 }, { "act_id": 229, "details": "7. The Government may by order notified in the official Gazette, direct that any power conferred or any duty imposed on it by this Ordinance shall in such circumstances and under such conditions, if any, as may be specified in the direction be exercised or discharged by such officer as may be so specified.", "name": "Delegation of powers by Government", "related_acts": "", "section_id": 9 }, { "act_id": 229, "details": "8. (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Ordinance or any rules or order made thereunder. (2) No suit or other legal proceedings shall lie against the Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Ordinance or any order made thereunder.", "name": "Bar of suits or legal proceedings", "related_acts": "", "section_id": 10 } ], "text": "WHEREAS an emergency has arisen which makes it necessary to requisition immoveable property within the limits of Cantonments for purposes other than of the Cantonment Boards. 1♣ NOW, THEREFORE, in exercise of the powers conferred by section 42 of the Government of India Act, 1935 * * * the Governor-General is pleased to make and promulgate the following Ordinance:-" }

{ "id": 230, "lower_text": [ "1 Throughout this Act, unless otherwise provided, the words “Bangladesh”, “Government”, “District Employment and Manpower Offices” and “District Employment and Manpower Office” were substituted for the words “Pakistan”, “Provincial Government”, “Employment Exchanges” and “Employment Exchange” 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 “Assistant Director ” were substituted for the word “Manager” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "3 Clause (cc) was inserted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "4 The words “Central or any Provincial” 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 words “Assistant Director” were substituted for the word “Manager” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "6 The word “Government” was substituted for the words “Central Government and Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "7 The words “in any District Employment and Manpower Office” were substituted for the words and figure “at one of the Employment Exchanges detailed in Schedule III” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "8 The words, figure and comma “in Schedule II,” 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 words “ Assistant Director ” were substituted for the word “Manager” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "10 The words and figure “in Schedule IV” 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 “in the prescribed Form” were substituted for the words and figure “as given in Schedule V” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "12 The words “in the prescribed Form” were substituted for the words and figure “as specified in Schedule VI” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "13 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)", "14 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)", "15 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)", "16 Sections 7 and 8 were substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Essential Personnel (Registration) Ordinance, 1948", "num_of_sections": 8, "published_date": "17th February, 1948", "related_act": [ 430, 230 ], "repelled": false, "sections": [ { "act_id": 230, "details": "1. (1) This Ordinance may be called the Essential Personnel (Registration) Ordinance, 1948. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "230", "section_id": 1 }, { "act_id": 230, "details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“essential personnel” includes all persons normally exercising or following any of the professions, occupations or employments specified in Schedule I and persons trained or qualified to exercise or follow any such profession, occupation or employment.  (b)\t“District Employment and Manpower Offices” means a District Employment and Manpower Office set up by the Government. (c)\t“ 2Assistant Director of a District Employment and Manpower Office” means the Officer-in-charge of a District Employment and Manpower Office and so appointed by the Government. 3(cc) “Prescribed” means prescribed by rules made under this Ordinance. (d) \t“Schedule” means a Schedule to this Ordinance.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 230, "details": "3. (1) All essential personnel over the age of 18 and under the age of 60 years, residing in Bangladesh, and not being employees of the 4* * * Government, shall be liable to register themselves at a District Employment and Manpower Office. (2) Every person in charge of any institution which trains such essential personnel as aforesaid, or from where such personnel qualify, shall furnish to the 5Assistant Director of the District Employment and Manpower Office concerned such information as he may from time to time require. (3) All employers other than the 6Government shall be liable to get all persons to whom this Ordinance applies and who are employed by them registered at a District Employment and Manpower Office, if such persons are not already so registered. (4) Every person registered under this Ordinance shall notify any change of address, acquisition of new skills and change in employment status, at once to the District Employment and Manpower Office where he is registered.", "name": "Liability to register at District Employment and Manpower Offices", "related_acts": "", "section_id": 3 }, { "act_id": 230, "details": "4. (1) All persons included within the definition of essential personnel shall register themselves 7in any District Employment and Manpower Office. (2) In cases where it is not feasible for the essential personnel to call in person at the District Employment and Manpower Office to get registered they may submit by registered (acknowledgment due) post their particulars for registration on the form prescribed 8* * * to- (a)\tthe 9Assistant Director, District Employment and Manpower Office within whose area they reside; or (b)\tthe District Magistrate of the district in which they reside.", "name": "Place of registration", "related_acts": "", "section_id": 4 }, { "act_id": 230, "details": "5. (1) The District Employment and Manpower Office to which application is made shall issue within 10 days of the receipt of the application a registration certificate in the form prescribed 10* * *. (2) When the application is made personally the District Employment and Manpower Office to which the application is made shall forthwith give to the applicant a memorandum 11in the prescribed Form acknowledging receipt of the application and specifying the time and date when the applicant should present himself to receive the registration certificate. (3) When the application is received by post the registration certificate shall be issued within 10 days by registered (acknowledgment due) post to the applicant. (4) When the application is submitted to the District Magistrate/Deputy Commissioner, he shall then issue to the applicant by registered (acknowledgment due) post a memorandum 12in the prescribed Form acknowledging receipt of the application and shall forward the application to the District Employment and Manpower Office whose area covers the district concerned. On receipt of the application from the District Magistrate the Exchange shall register the applicant and issue a registration certificate in respect of the applicant in accordance with section 5 (1) above and forward the registration certificate to the District Magistrate who will then issue it to the applicant concerned.", "name": "Registration certificate", "related_acts": "", "section_id": 5 }, { "act_id": 230, "details": "6. (1) Any person who, being within the age limits mentioned in sub-section (1) of section 3 and normally exercising or following any profession, occupation or employment which is, or in pursuance of the provisions of section 7 may be, specified in Schedule I, fails without sufficient cause to apply for registration within two months of that profession, occupation or employment being so specified and any person who otherwise contravenes the provisions of section 3, shall be punishable with fine not exceeding five hundred 13taka. 14* * * 15(3) No Court shall take cognizance of the offence except on complaint lodged by or made on the authority of the Government.", "name": "Penalties and procedure", "related_acts": "", "section_id": 6 }, { "act_id": 230, "details": "167. The Government may, by notification in the official Gazette, amend or alter any Schedule.", "name": "Power to amend Schedule", "related_acts": "", "section_id": 7 }, { "act_id": 230, "details": "8. The Government may, by notification in the official Gazette, make rules for the purpose of carrying into effect the provisions of this Ordinance.", "name": "Power to make rules", "related_acts": "", "section_id": 8 } ], "text": "An Ordinance to provide for the compulsory registration of Essential Personnel at District Employment and Manpower Offices. 1♣ WHEREAS an emergency has arisen which renders it necessary to take power to require essential personnel to register at District Employment and Manpower Offices set up by the Government * * *; NOW, THEREFORE, in exercise of the powers conferred by section 42 of the Government of India Act, 1935, * * * the Governor General is pleased to make and promulgate the following Ordinance:-" }

{ "id": 231, "lower_text": [ "1 Throughout this Act, the words “Government” and “Bangladesh” were substituted for the words “Central Government” or “Appropriate Government” and “Pakistan” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "2 Clause (c) 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 3A was inserted by section 2 of the Development of Industries (Federal Control) Amendment Act, 1950 (Act No. 44 of 1950)" ], "name": "The Development of Industries (Government Control) Act, 1949", "num_of_sections": 6, "published_date": "18th May, 1950", "related_act": [ 73, 430 ], "repelled": false, "sections": [ { "act_id": 231, "details": "1. (1) This Act may be called the Development of Industries Government Control Act, 1949. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 231, "details": "2. In this Act unless there is anything repugnant in the subject or context,- (a)\t“industry” means any industry engaged in the manufacture or processing of specified goods or commodities and includes any industry ancillary to such an industry, and “industries” shall be construed accordingly; (b)\t“specified” means specified in the Schedule to this Act. 2* * *", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 231, "details": "3. It is hereby declared that the development under Government Control of industries to which this Act applies is expedient in the public interest.", "name": "Declaration", "related_acts": "", "section_id": 3 }, { "act_id": 231, "details": "33A. In pursuance of the declaration made in the last preceding section the Government may in respect of any industry to which this Act applies, plan and regulate the setting up of any new undertaking or the development of any new or existing undertaking.", "name": "Power to regulate industry", "related_acts": "", "section_id": 4 }, { "act_id": 231, "details": "4. The Government may, by notification in the official Gazette, make rules to carry the provisions of this Act into effect.", "name": "Power to make rules", "related_acts": "", "section_id": 5 }, { "act_id": 231, "details": "5. (1) All rules made under this Act shall be subject to the condition of previous publication and the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897, shall not be less than one month from the date on which the draft of the proposed rules was published. (2) All such rules shall be published in the official Gazette and shall, unless some later date is appointed in such rules, come into force on the date of such publication.", "name": "Rules to be subject to previous publication", "related_acts": "73", "section_id": 6 } ], "text": "An Act to make provision for certain matters connected with the development of industries under Government Control.1♣ WHEREAS it is expedient to make provision for certain matters connected with the development of industries under Government Control; AND WHEREAS it appears to the Government to be expedient in the public interest to make such provision to the extent hereinafter appearing; It is hereby enacted as follows:-" }

{ "id": 232, "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 words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "3 Sub-clause (a) was 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, commas and figure “Bengal Tenancy Act, 1885, or” 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 words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "6 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "7 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "8 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "9 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "10 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "11 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "12 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "13 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "14 The word “Bengal” was omitted section 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "15 The word “Bengal” was omitted section 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "16 Section 26A was inserted by section 15 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967)", "17 The word “Bengal” was omitted section 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "18 Section 85A was inserted by section 27 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967)", "19 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 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "20 The word “Government” was substituted for the words “Central or Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "21 The word “Government” was substituted for the words “Central or Provincial 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 “Government” was substituted for the words “Central or Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "23 Clauses (a) and (b) were Omitted by section 28 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967)", "24 Clauses (e) to (r) were Omitted by section 28 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967)", "25 Clause (rr) was inserted by section 28 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967)" ], "name": "The Non-Agricultural Tenancy Act, 1949 (East Bengal Act)", "num_of_sections": 60, "published_date": "20th October, 1949", "related_act": [ 388, 619, 430, 48, 24 ], "repelled": false, "sections": [ { "act_id": 232, "details": "1. (1) This Act may be called the 2* * * Non-Agricultural Tenancy Act, 1949. (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": 232, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t“Bengali year” means a year ending on the last day of the Bengali month of Chaitra; (2)\t“Deputy Commissioner” includes any officer appointed by the Government to perform all or any of the functions of a Deputy Commissioner under this Act; (3)\t“Landlord” means a person immediately under whom a non-agricultural tenant holds; (4)\t“Non-agricultural land” means land which is used for purposes not connected with agriculture or horticulture and includes any land which is held on lease for purposes not connected with agriculture or horticulture irrespective of whether it is used for any such purposes or not, but does not include- 3* * * (b)\tland which was originally leased for agricultural or horticultural purposes but is being used for purposes not connected with agriculture or horticulture without the consent either express or implied of the landlord, if the period for which such land has been so used is less than twelve years, and (c)\tland which is held for purposes connected with the cultivation or manufacture of tea: Provided that where an order has been made under section 72 converting a parcel of land which is not non-agricultural land into a tenancy to which the provisions of this Act apply such land shall be deemed to be non-agricultural land; (5)\t“Non-agricultural tenant” means a person who holds non-agricultural land under another person with the consent of that person and is, or but for a special contract would be liable to pay rent to such person for that land and also includes the successors-in-interest of the former but does not include any person who holds any such land on which any premises occupied by such person are situated if such premises have been erected, or are owned, by the person to whom such occupier is, or but for a special contract would be, liable to pay rent for such occupation; Explanation.- In this clause “premises” mean any building such as a house, manufactory, warehouse, stable, shop or hut whether constructed of masonry, bricks, concrete, wood, mud, metal or any other material whatsoever and includes any land appertaining to such building; (6)\t“prescribed” means prescribed by rules made under this Act; (7)\t“pucca structure” means any structure constructed mainly of brick, stone or concrete or any combination of these materials; (8)\tall words and expressions used but not defined in this Act and used in 4* * * the Transfer of Property Act, 1882, have the same meanings as in those Acts.", "name": "Definitions", "related_acts": "48", "section_id": 2 }, { "act_id": 232, "details": "3. (1) There shall be, for the purposes of this Act, the following classes of non-agricultural tenants, namely:- (a)\ttenants, and (b)\tunder-tenants. (2) “Tenant” means a person who has acquired from a proprietor or a tenure-holder a right to hold non-agricultural land for any of the purposes provided in this Act, and includes also the successors-in-interest of persons who have acquired such a right. (3) “Under-tenant” means a person who has acquired a right to hold non-agricultural land for any of the purposes provided in this Act either immediately or mediately under a tenant and includes also the successors-in-interest of persons who have acquired such a right.", "name": "Classes of non-agricultural tenants", "related_acts": "", "section_id": 3 }, { "act_id": 232, "details": "4. A non-agricultural tenant may hold non-agricultural land for- (a)\thomestead or residential purposes; (b)\tmanufacturing or business purposes; or (c)\treligious or other purposes.", "name": "Purposes for which non-agricultural tenant may hold non-agricultural land", "related_acts": "", "section_id": 4 }, { "act_id": 232, "details": "5. A non-agricultural tenant shall be deemed to hold any non-agricultural land- (a)\tfor homestead or residential purposes if such tenant is entitled, under the terms of any agreement between himself and the landlord to use or is actually using such land for homestead or residential purposes; (b)\tfor manufacturing or business purposes if such tenant is entitled, under the terms of any agreement between himself and landlord, to use or is actually using such land for carrying on therein any commercial or industrial enterprise or any trade or business; and (c)\tfor religious or other purposes if such tenant is entitled, under the terms of any agreement between himself and landlord, to use or is actually using such land for a religious purpose or for any purpose not connected with agriculture or horticulture other than- (i)\tthe purposes specified in clauses (a) and (b), and (ii)\tthe exercise of any forest-rights or rights over fisheries or rights to minerals in such land.", "name": "Tenancies held by a non-agricultural tenant", "related_acts": "", "section_id": 5 }, { "act_id": 232, "details": "6. (1) A tenant holding non-agricultural land may use such land in any manner which is not inconsistent with any of the purposes for which non-agricultural land may be held under this Act and which does not materially impair the value of such land. (2) A tenant holding non-agricultural land comprised in any tenancy to which the provisions of section 7 or section 8 apply shall be entitled- (a)\tto erect any structure including any pucca structure; (b)\tto erect a mosque, a temple or any other place of worship; (c)\tto dig any tank; and (d)\tto plant, enjoy the flowers, fruits and other products of, and fell and utilise or dispose of the timber of, any tree on such land. (3) A tenant holding non-agricultural land comprised in any tenancy to which the provisions of section 9 apply shall be entitled- (a)\tto erect any structure other than a pucca structure; (b)\tto plant, and enjoy the flowers, fruits and other products of, any tree, and (c)\tto fell, and utilise or dispose of the timber of, any tree planted by him on such land.", "name": "Manner of use of non-agricultural lands", "related_acts": "", "section_id": 6 }, { "act_id": 232, "details": "7. Notwithstanding anything contained in any other law for the time being in force or in any contract- (1)\tif any non-agricultural land has been held with or without any lease having been entered into by the landlord and the tenant from before the commencement of the Transfer of Property Act, 1882, or if the origin of any tenancy is unknown, or (2)\tif the non-agricultural land comprised in any tenancy which has been or is created after the commencement of the Transfer of Property Act, 1882, has been held for a period of not less than twelve years without any lease in writing, or (3)\tif any non-agricultural land has been held under a lease in writing for a period of not less than twelve years but no term is specified in such lease, or (4)\tif any non-agricultural land held under a lease in writing for a period specified therein continues to be held after the expiration of the time limited by such lease and the total period for which such land is so held is not less than twelve years, or (5)\tif the landlord has allowed pucca structures to be erected on any non-agricultural land held under a lease in writing for a period specified therein, whether such structures have been erected- (a)\tbefore the expiration of the said period, or (b)\twhere such non-agricultural land continues to be held with the express or implied consent of the landlord after the expiration of the said period, during the period such non-agricultural land so continues to be held, then- (i)\tthe tenant holding the non-agricultural land comprised in such tenancy shall not be ejected by his landlord from such land except on the ground that he has used such land in a manner which renders it unfit for use for any of the purposes specified in section 4; (ii)\tsubject to the provisions of section 91 of the 5* * * State Acquisition and Tenancy Act, 1950, the interest of the tenant in the non-agricultural land comprised in such tenancy shall, in the case where such tenant dies intestate in respect of such interest, be transmitted by inheritance in the same manner as his other immovable property: Provided that in any case in which under the law of inheritance to which such tenant is subject, his other property goes to the State, his interest in such land shall be extinguished, and (iii)\tthe non-agricultural land comprised in such tenancy or a share or a portion thereof together with the interest of the tenant therein shall, subject to the provisions of this Act and of section 90 of the 6* * * State Acquisition and Tenancy Act, 1950, be capable of being transferred and bequeathed in the same manner, and to the same extent as his other immovable property.", "name": "Incidents of certain tenancies", "related_acts": "48,48", "section_id": 7 }, { "act_id": 232, "details": "8. (1) Notwithstanding anything contained in any other law for the time being in force or in any contract, where any non-agricultural land is held under a lease in writing for a term of not less than twelve years specified in such lease, the tenant holding such land shall, on the expiration of the period so specified, be entitled to the renewal of such lease for perpetuity on such fair and reasonable rent as may be determined under Chapter XIV of the 7* * * State Acquisition and Tenancy Act, 1950: Provided that no premium or salami shall be payable in respect of such renewal. (2) Omitted by section 5 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967). (3) A tenant holding non-agricultural land comprised in a tenancy to which the provisions of sub-section (1) apply shall not be ejected by his landlord from such land during the term specified in the lease, nor at any time after the tenant has exercised his right of renewal, except on the ground that he has used such land in a manner which renders it unfit for use for any of the purposes specified in section 4. (4) The interest of the tenant in any non-agricultural land held under a lease to which the provisions of sub-section (1) apply shall, during the term specified in the lease, or where the tenant has exercised his right of renewal, at any time thereafter- (i) \tin the case where such tenant dies intestate in respect of such interest, be, subject to the provisions of section 91 of the 8* * * State Acquisition and Tenancy Act, 1950, transmitted by inheritance in the same manner as his other immovable property: Provided that in any case in which, under the law of inheritance to which such tenant is subject, his other property goes to the State his interest in such land shall be extinguished; and (ii)\tsubject to the provisions of this Act and of section 90 of the 9* * * State Acquisition and Tenancy Act, 1950, be capable of being transferred and bequeathed in the same manner and to the same extent as his other immovable property.", "name": "Renewals of lease of tenancies held for not less than twelve years and succession to, and transfer of, such tenancies", "related_acts": "", "section_id": 8 }, { "act_id": 232, "details": "9A. In computing under this Chapter the period for which any non-agricultural land has been held by a tenant, he shall be entitled to tack to the length of his possession any periods during which his predecessors-in-interest were in possession of the land, provided that there is no break between the periods to be tacked.", "name": "Computation of the period of possession", "related_acts": "", "section_id": 9 }, { "act_id": 232, "details": "9. (1) Notwithstanding anything contained in any other law for the time being in force or in any contract, if any non-agricultural land has been held for a term of more than one year but less than twelve years- (a) \twithout a lease in writing, or (b)\tunder a lease in writing for a term of more than one year and less than twelve years to which the provisions of clause (5) of section 7 do not apply, or (c)\tunder a lease in writing but no term is specified in such lease, then the tenant holding such non-agricultural land shall be liable to ejectment on one or more of the following grounds and not otherwise, namely:- (i) \ton the ground that he has used such land in a manner which renders it unfit for use for any of the purposes specified in section 4; (ii) \ton the ground that the term of the lease has expired in the case of tenancies of the class specified in clause (b); (iii) \ton the ground that the tenancy has been terminated by the landlord by six months' notice in writing expiring with the end of a year of the tenancy served on the tenant in the prescribed manner in the case of tenancies of the class specified in clause (a): Provided that a tenant shall not be liable to ejectment on the ground specified in clause (iii) except on payment of such reasonable compensation on account of the cost of removal of any structure erected or of any improvement effected on such land at the expense of the tenant or on other accounts not being the value of the land as may be determined by the Deputy Commissioner in the prescribed manner. (2) The interest of the tenant in any non-agricultural land to which the provisions of sub-section (1) apply shall- (i)\tin the case where such tenant dies intestate in respect of such interest, be, subject to the provisions of section 91 of the 10* * * State Acquisition and Tenancy Act, 1950, transmitted by inheritance in the same manner as his other immovable property: Provided that in any case in which under the law of inheritance to which such tenant is subject his other property goes to the State, his interest in such land shall be extinguished; and (ii)\tsubject to the provisions of this Act and of the provisions of section 90 of the 11* * * State Acquisition and Tenancy Act, 1950, be capable of being transferred and bequeathed in the same manner and to the same extent as his other immovable property.", "name": "Incidents of non-agricultural tenancies held for less than twelve years", "related_acts": "", "section_id": 10 }, { "act_id": 232, "details": "10. Notwithstanding anything elsewhere contained in this Act or in any other law for the time being in force or in any contract, if the non-agricultural land comprised in any tenancy is held specifically for any religious purpose for any period under a lease in writing in which such purpose is specified, then such tenancy shall be deemed to be a tenancy of the class specified in section 7: Provided that the tenant holding such land shall not be ejected by his landlord from such land except on the ground that he has used such land for any purpose other than the said religious purpose or has not used the land for the said religious purpose for more than three years.", "name": "Special provisions applicable to tenancies for specific religious purposes", "related_acts": "", "section_id": 11 }, { "act_id": 232, "details": "11. Enhancement of rent.- Omitted by section 7 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 12 }, { "act_id": 232, "details": "12. Provisions as to enhancement on ground of landlord's improvement.- Omitted by section 7 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 13 }, { "act_id": 232, "details": "13. Powers to order progressive enhancement.- Omitted by section 7 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 14 }, { "act_id": 232, "details": "14. Limitation of right to enhancement.- Omitted by section 7 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 15 }, { "act_id": 232, "details": "15. Reduction of rent.- Omitted by section 7 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 16 }, { "act_id": 232, "details": "16. The provisions of this Chapter shall apply to all under-tenants whether their tenancies were created before or after the commencement of this Act.", "name": "Application of Chapter", "related_acts": "", "section_id": 17 }, { "act_id": 232, "details": "17. Terms on which an under-tenant may be admitted to occupation of non-agricultural land.- Omitted by section 8 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 18 }, { "act_id": 232, "details": "18. Rate of rent payable by an under-tenant.- Omitted by section 8 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 19 }, { "act_id": 232, "details": "19. Enhancement of rent.- Omitted by section 8 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 20 }, { "act_id": 232, "details": "20. Notwithstanding anything contained in any other law for the time being in force or in any contract, an under-tenant shall, subject to the provisions of this Act, be liable to ejectment on one or more of the following grounds, and not otherwise, namely:- (a) \ton the ground that he has used the non-agricultural land comprised in his tenancy in a manner which renders it unfit for use for any of the purposes specified in section 4; (b)\ton the ground that the term of his lease has expired when he holds the non-agricultural land under a written lease: Provided that in the case where any non-agricultural land is held by an under-tenant without a lease in writing or under a lease in writing but no term is specified in such lease, it shall be also lawful for his landlord to eject him from such land after having given him six months' notice in writing expiring with the end of a year of the tenancy, and on payment of such reasonable compensation as may be determined by the Deputy Commissioner in the prescribed manner.", "name": "Ejectment of an under-tenant", "related_acts": "", "section_id": 21 }, { "act_id": 232, "details": "21. The interest of an under-tenant in any non-agricultural land shall,- (a)\tin the case where such under-tenant dies intestate in respect of such interest, be, subject to the provisions of section 91 of the 12* * * State Acquisition and Tenancy Act, 1950, transmitted by inheritance in the same manner as his other immovable property: Provided that in any case in which under the law of inheritance to which such under-tenant is subject his other property goes to the State, his interest in such land shall be extinguished; and (b)\tsubject to the provisions of this Act and of the provisions of section 90 of the 13* * * State Acquisition and Tenancy Act, 1950, be capable of being transferred and bequeathed in the same manner and to the same extent as his other immovable property.", "name": "Other incidents of tenancies of under-tenants", "related_acts": "", "section_id": 22 }, { "act_id": 232, "details": "22. Notwithstanding anything contained in any other law for the time being in force or in any contract, where the conditions referred to in clauses (1), (2), (3), (4) or (5) of section 7 or section 10 are fulfilled in relation to the tenancy of an under-tenant or where any non-agricultural land is held by an under-tenant under a lease in writing for a term of not less than twelve years specified in such lease, such under-tenant shall have as regards his immediate landlord all the rights and liabilities of a tenant as set forth in section 7, section 8 or section 10, as the case may be, and the provisions of section 6 shall apply, and the provisions of section 20, in so far as they are inconsistent with the provisions of this section, shall not apply, to such under-tenant.", "name": "Special incidents of a permanent tenancy of an under-tenant", "related_acts": "", "section_id": 23 }, { "act_id": 232, "details": "23. (1) Every transfer of non-agricultural land held by a non-agricultural tenant or of any portion or share thereof shall, except in the case of a bequest or a sale in execution of a decree or of a certificate signed under the 14* * * Public Demands Recovery Act, 1913, be made by registered instrument, and a Registering officer shall not accept for registration any such instrument unless the sale price or, where there is no sale price, value of the land or portion or share thereof transferred is stated therein, and unless it is accompanied by- (a)\ta notice giving the particulars of the transfer in the prescribed form, together with the process fee prescribed for the service thereof on the landlord who is not a party to the transfer, and  (b)\tsuch notices and process fees as may be required by sub-section (4). (2) In the case of a bequest of such land or portion or share thereof, no Court shall grant probate or letters of administration until the applicant files a notice similar to, and deposits a process fee of the same amount, as, that referred to in clause (a) of sub-section (1). (3) A Court or Revenue-officer shall not confirm the sale of such land or portion or share thereof put to sale in execution of a decree or a certificate signed under the 15* * * Public Demands Recovery Act, 1913, and no Court shall make a decree or order absolute for foreclosure of a mortgage of such land or portion or share thereof until the purchaser or the mortgagee, as the case may be, files a notice similar to and deposits a process fee of the same amount as that referred to in sub-section (1). (4) If the transfer of a portion or share of such land be one to which the provisions of section 24 apply there shall be filed notices giving particulars of the transfer in the prescribed form together with process fees prescribed for the service thereof on all co-sharer tenants of such land who are not parties to the transfer. (5) The Court, Revenue-officer or Registering Officer, as the case may be, shall serve, in the prescribed manner, the notices referred to in the preceding sub-section: Provided that the service of such a notice shall not operate as an admission of the amount of rent or the area of such land by the landlord or by any co-sharer tenant of such land on whom such notice is served or be deemed to constitute an express consent of the landlord or such co-sharer tenant to the division of the tenancy or to the distribution of the rent payable in respect thereof: Provided further that, if a transfer is subsequently set aside or modified by a competent authority in any suit, appeal or other proceedings to which the landlord was not a party, the authority before whom the appropriate suit or proceedings was first initiated shall transmit a copy of such order to the landlord.", "name": "Manner of transfer of non-agricultural land and notices to landlords", "related_acts": "", "section_id": 24 }, { "act_id": 232, "details": "24. (1) If a portion or share of the non-agricultural land held by a non-agricultural tenant is transferred, one or more co-sharer tenants of such land may, within four months of the service of notice issued under section 23 and, in case no notice had been issued or served, then within four months from the date of knowledge of such transfer, apply to the court for such portion or share to be transferred to himself or to themselves, as the case may be. (2) The application under sub-section (1) shall be dismissed unless the applicant at the time of making it deposits in Court the amount of the consideration money or the value of the portion or share of the property transferred as stated in the notice served on the applicant under section 23 together with compensation at the rate of five per centum of such amount. (3) If such deposit is made, the Court shall give notice to the transferee to appear within such period as it may fix and to state what other sums he has paid in respect of rent for the period after the date of transfer or in annulling encumbrances on the property and also what other amounts, if any, have been spent by him, between the date of the transfer and the date of service of the notice of the application, in erecting any building or structure or in making any other improvement in the portion or share of the property transferred. The Court shall then direct the applicant, including any person whose application under sub-section (4) is granted, to deposit within such period as the Court thinks reasonable such amount as the transferee has paid or spent on these accounts together with interest at the rate of six and a quarter per centum per annum with effect from the date on which the transferee made such payments or spent such amounts: Provided that if the correctness of any amount claimed to have been paid or spent by the transferee on any such account is disputed by any applicant the Court shall enquire into such dispute and, after giving the transferee an opportunity of being heard, determine the amount actually paid or spent by the transferee on any such account and shall then direct the applicant to deposit the amount so determined with interest at the rate of six and quarter per centum per annum as aforesaid within such period as the Court thinks reasonable. (4) (a) When an application has been made by one or more co-sharer tenants under sub-section (1) any of the remaining co-sharer tenants including the transferee, if one of them, may within the period of four months referred to in the said sub-section or within one month of the service of notice of the application, whichever is later, apply to join in the said application, and any co-sharer tenant who has not applied under sub-section (1) or has not applied to join under this sub-section, shall not have any further right to purchase under this section. (b)\tSuch application to join as a co-applicant shall be dismissed unless within such period as the Court may fix, the applicant deposits in Court for payment to the applicant under sub-section (1), such sum, as the Court shall determine as the share to be paid by him for the purposes of sub-section (2). (c)\tIf such deposit is made, the Court shall grant the application to join and thereafter such applicant shall be deemed to be an applicant under sub-section (1). (5) If the deposits required under sub-section (2) or clause (b) of sub-section (4), as the case may be, and under sub-section (3) are made, the Court shall make an order allowing the application and directing that the deposits made under sub-sections (2) and (3) shall be paid to the transferee or to such persons as the Court thinks fit. (6) Notwithstanding anything contained in any other law for the time being in force the Court shall, if the applicant under sub-section (1) or any person whose application under sub-section (4) is granted disputes the correctness of the amount of the consideration money as stated in the notice issued under section 23, inquire into such dispute before making an order under sub-section (5) and after giving the transferee an opportunity of being heard determine for the purposes of this section the amount of the consideration money which the transferee has actually paid for the transfer of the portion or share of the property and the amount so determined shall be deemed to be the consideration money referred to in sub-section (2) and where the amount of the consideration money has been so determined the deposit made under that sub-section shall for the purposes of sub-section (5) be the amount so determined together with the compensation at the rate of five per centum of such amount. (7) In making an order under sub-section (5) in favour of more than one co-sharer tenant, the Court may apportion the property comprised in the portion or share transferred among the applicants in such manner as it deems equitable after taking existing possession into consideration; the Court shall so apportion the said property or portion thereof on the request of any applicant and, in this case, may require the applicant who makes such request to deposit, within such period as the Court may fix, such further sums as the Court considers necessary for equitable distribution among the remaining applicants: Provided that no apportionment order under this sub-section shall operate as a division of the tenancy. (8) From the date of making of the order under sub-section (5)- (i) the right, title and interest in the share or portion of the non-agricultural land accruing to the transferee from the transfer shall, subject to any order passed under sub-section (7), vest free from all encumbrances, which have been created after the date of transfer, in the co-sharer tenant whose application to purchase has been allowed under sub-section (5), (ii) \tthe liability of the transferee for the rent due from him on account of the transfer shall cease, and (iii)\tthe Court, on further application of such applicant, may place him in possession of the property vested in him. (9) An appeal from any order of a Court under this section shall lie to the Civil Appellate Court having jurisdiction to entertain such appeals. (10) Nothing in this section shall take away the right of pre-emption conferred on any person by Muhammadan Law. (11) Nothing in this section shall apply to- (a)\ta transfer to a co-sharer in the tenancy whose existing interest has accrued otherwise than by purchase, or (b)\ta transfer by exchange, or partition, or (c) \ta transfer by bequest or gift (including heba but excluding heba-bil-ewaz for any pecuniary consideration) in favour of the husband or wife of the testator or the donor or of any relation by consanguinity within three degrees of the testator or donor, or (d)\ta wakf in accordance with the provisions of the Muhammadan Law, or (e)\ta debottor or any other dedication for religious or charitable purposes without any reservation of pecuniary benefit for any individual. Explanation.- A relation by consanguinity shall for the purposes of this sub-section, include a son adopted under the Hindu Law.", "name": "Power of the co-sharer or the immediate landlord of transferor to purchase", "related_acts": "", "section_id": 25 }, { "act_id": 232, "details": "25. Notwithstanding anything contained in the Evidence Act, 1872, nothing contained in any instrument of transfer to which the landlord is not a party shall be evidence against the landlord of the permanence, the amount or fixity of rent, the area, the transferability or any incident of any tenancy referred to in such instrument.", "name": "Saving as to statements in instruments of transfer where landlord is not a party", "related_acts": "24", "section_id": 26 }, { "act_id": 232, "details": "26. (1) In this Chapter “transferee”, “purchaser” and “mortgagee” include their successors-in-interest. (2) In section 23,- (a) \t“transfer” does not include partition or until, a decree or order absolute for foreclosure is made, simple or usufructuary mortgage or mortgage by conditional sale; (b)\t“transferor” includes a person whose interest in any non-agricultural land or portion or share thereof has terminated in the circumstances mentioned in sub-section (2) or sub-section (3) of that section.", "name": "Interpretation", "related_acts": "", "section_id": 27 }, { "act_id": 232, "details": "1626A. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or in any contract, no non-agricultural tenant shall sub-let the whole or any part of his tenancy on any terms or conditions whatsoever. (2) If any tenancy or any part of a tenancy is sub-let, in contravention of the provision of sub-section (1), the interest of the non-agricultural tenant in the tenancy or in that part of the tenancy, as the case may be, shall be extinguished, and the tenancy or the part of the tenancy shall vest in the Provincial Government from the date of such sub-letting free from all encumbrances.", "name": "Bar to sub-let", "related_acts": "", "section_id": 28 }, { "act_id": 232, "details": "Omitted by section 16 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "", "related_acts": "", "section_id": 29 }, { "act_id": 232, "details": "Omitted by section 16 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted", "related_acts": "", "section_id": 30 }, { "act_id": 232, "details": "64. For the purposes of this Act the term “improvements” used with reference to a tenancy shall mean any work which adds to the value of the non-agricultural land comprised in the tenancy, which is suitable to such land and consistent with any of the purposes specified in section 4 for which it is being used and which, if not executed on such land, is either executed directly for its benefit, or is, after execution, made dibeneficial to it, and subject to the foregoing provisions, shall include the following, namely:- (a)\tlaying out of passages or roads, (b)\tproviding open spaces for ventilation, (c)\tproviding facilities for taking water, (d)\tlaying out drainage connections, but shall not include any work executed by a non-agricultural tenant if it substantially diminishes the value of his landlord's property.", "name": "Definition of “improvement”", "related_acts": "", "section_id": 31 }, { "act_id": 232, "details": "65. (1) Subject to the provisions of sub-section (2), neither the non-agricultural tenant nor his landlord shall, as such, be entitled to prevent the other from making an improvement in respect of the tenancy. (2) If both the non-agricultural tenant and his landlord wish to make the same improvement the non-agricultural tenant shall have the prior right to make it, unless it affects another tenancy or other tenancies under the same landlord.", "name": "Rights to make improvements", "related_acts": "", "section_id": 32 }, { "act_id": 232, "details": "66. (1) If a question arises between the non-agricultural tenant and his landlord- (a)\tas to the right to make an improvement, or (b)\tas to whether a particular work is an improvement, the Deputy Commissioner may, on the application of either party, decide the question. (2) An appeal, if presented within thirty days from the date of the order appealed against, shall lie to the District Judge from every order passed by the Deputy Commissioner under sub-section (1) and the order passed by the District Judge on such appeal shall be final.", "name": "Collector to decide question as to right to make improvement, etc.", "related_acts": "", "section_id": 33 }, { "act_id": 232, "details": "67. Registration of landlord's improvements.- Omitted by section 19 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted", "related_acts": "", "section_id": 34 }, { "act_id": 232, "details": "68. (1) If any non-agricultural tenant holding any non-agricultural land desires that evidence relating to any improvement made in respect thereof be recorded, he may apply to the prescribed Revenue-officer and such Revenue-officer shall thereupon, at a time and place of which notice shall be given to the parties, record the evidence: Provided that such Revenue-officer shall not so record the evidence if he considers that there were no reasonable grounds for the making of the application, or if it appears to him that the subject-matter thereof is under inquiry in a Civil Court. (2) When any matter has been recorded under this section, the record thereof shall be admissible in evidence in every subsequent proceeding between the landlord and the non-agricultural tenant or any persons claiming under them.", "name": "Application to record evidence as to improvement", "related_acts": "", "section_id": 35 }, { "act_id": 232, "details": "69. Eviction of non-agricultural tenants, holding tenancies conditional upon employment in industrial concern.- Omitted by section 21 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 36 }, { "act_id": 232, "details": "70. No non-agricultural tenant shall be ejected from the tenancy or from any non-agricultural land which he holds except in execution of a decree of a competent Civil Court.", "name": "No ejectment except in execution of decree", "related_acts": "", "section_id": 37 }, { "act_id": 232, "details": "71. The provisions of the Transfer of Property Act, 1882, and of any other law for the time being in force, in so far as they may be applicable and in so far as they are not inconsistent with the provisions of this Act shall continue to apply to all tenancies to which the provisions of this Act apply.", "name": "Application of the Transfer of Property Act, 1882, or other law", "related_acts": "48", "section_id": 38 }, { "act_id": 232, "details": "72. Omitted by section 22 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 39 }, { "act_id": 232, "details": "73. Regard to be had by Civil Courts to entries in record-of-rights.- Omitted by section 23 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 40 }, { "act_id": 232, "details": "74. Execution of decrees for arrears of rent by assignees of such decrees.- Omitted by section 23 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 41 }, { "act_id": 232, "details": "75. A suit for the ejectment of a non-agricultural tenant, on the ground that he has used the non-agricultural land in a manner which renders it unfit for use for any of the purposes specified in section 4, shall not be entertained unless the landlord has served in the prescribed manner, a notice in writing on the non-agricultural tenant- (i)\tspecifying the particular misuse complained of, and (ii)\tif the misuse is capable of remedy, requiring the tenant to remedy the same, and the tenant has, where the misuse is capable of remedy, failed within a reasonable time from the date of the service of the notice to remedy the misuse.", "name": "Relief against forfeitures in certain cases", "related_acts": "", "section_id": 42 }, { "act_id": 232, "details": "76. Protection of the interest of an under-tenant having the rights and liabilities of a tenant in case of sale for arrears of rent.- Omitted by section 24 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 43 }, { "act_id": 232, "details": "77. Where a non-agricultural tenant or his predecessor-in-interest has erected any structure on any non-agricultural land held by such tenant and such land is sold in execution of a certificate signed under the 17* * * Public Demands Recovery Act, 1913, for arrears of rent due in respect of such land, the purchaser shall be entitled to obtain delivery of possession of the land sold by the removal of such structure: Provided that the judgment-debtor shall be allowed reasonable time by the Court to remove such structure from the property sold before the possession of such property is delivered to the purchaser: Provided further that it shall be open to the purchaser to obtain possession of such land together with such structure on payment of such compensation for the value of such structure to the judgment-debtor as may be agreed upon between the purchaser and the judgment-debtor or, in the case where they do not agree, as may be determined by the Court on application by the purchaser, and, on payment of such compensation, the interest of the judgment-debtor in such structure shall vest absolutely in the purchaser.", "name": "Delivery of possession of land sold for arrears of rent which has any structure erected on it by a non-agricultural tenant", "related_acts": "", "section_id": 44 }, { "act_id": 232, "details": "78. Purchase of non-agricultural tenancy in execution of a decree for arrears of rent to take effect from the date of confirmation of the sale.- Omitted by section 26 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 45 }, { "act_id": 232, "details": "79. Rules for disposal of sale-proceeds.- Omitted by section 26 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 46 }, { "act_id": 232, "details": "80. Release from attachment of non-agricultural tenancies on payment into Court of the amount of decree or on confession of satisfaction by the decree-holder.- Omitted by section 26 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 47 }, { "act_id": 232, "details": "81. Amount paid into Court to prevent sale to be a mortgage-debt on the tenancy in certain cases.- Omitted by section 26 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 48 }, { "act_id": 232, "details": "82. Inferior tenant paying into Court may deduct from rent.- Omitted by section 26 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 49 }, { "act_id": 232, "details": "83. Decree-holder may bid at sale, judgment-debtor may not.- Omitted by section 26 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 50 }, { "act_id": 232, "details": "84. Meaning of “arrears” and “arrears of rent”.- Omitted by section 26 of the East Bengal Non-Agricultural Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. IX of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 51 }, { "act_id": 232, "details": "1885A. An appeal against an order passed by the Deputy Commissioner determining compensation under the proviso to sub-section (1) of section 9 or the proviso to section 20 shall, if presented within thirty days of such order, lie to the District Judge.", "name": "Appeal", "related_acts": "", "section_id": 52 }, { "act_id": 232, "details": "85. (1) Nothing in this Act shall apply to- (a)\tany land vested in, or in the possession of- (i)\ta port authority of a port, or (ii)\ta railway administration, or (iii)\tany local authority, or (b)\tany lease in respect of any forest-rights or rights over fisheries or rights to minerals in any non-agricultural land, or  (c)\tany land acquired under the 19Acquisition and Requisition of Immovable Property Ordinance, 1982(II of 1982), or under any other law, for the use of any Department of the 20Government, or (d)\tany other land in the possession of the 21Government, or (e)\tany land held under a public wakf or a trust for public purpose. (2) Nothing in this Act shall apply to any non-agricultural land held by a tenant under the 22Government: Provided that the right vested in a tenant by the provisions of this Act shall not be divested by the acquisition of the superior right only in the land by the Government.", "name": "Bar to application of Act to certain lands and to certain cases", "related_acts": "619", "section_id": 53 }, { "act_id": 232, "details": "86. Nothing in any contract between a landlord and a non-agricultural tenant made before or after the commencement of this Act shall take away or limit the rights of such tenant as provided for by this Act, and any contract which is in contravention of the provisions of this section or which is inconsistent with, or purports to alter the effect of, any of the provisions of this Act, shall, to the extent of such contravention or inconsistency or to the extent it purports to alter such effect, be void and without effect.", "name": "Certain contracts not to affect the provisions of the Act", "related_acts": "", "section_id": 54 }, { "act_id": 232, "details": "87. When under this Act a Court is authorised to make an order on the application of a landlord or a non-agricultural tenant, the application shall be made to the Civil Court which would have jurisdiction to entertain a suit for possession of the non-agricultural land comprised in the tenancy in connection with which the application is made.", "name": "Jurisdiction in proceedings under this Act", "related_acts": "", "section_id": 55 }, { "act_id": 232, "details": "88. The provisions of this Act shall apply to all suits, appeals and proceedings including proceedings in execution for the ejectment of a non-agricultural tenant which are pending at the date of the commencement of this Act and also to all decrees passed for the ejectment of a non-agricultural tenant which have not been executed and are not barred by limitation and in respect of which no proceedings in execution are so pending, and the tenants against whom such suits, appeals or proceedings are so pending or such decrees have been passed shall not be liable to be ejected on any ground except under the provisions of this Act.", "name": "Application of the provisions of the Act to all pending suits, appeals and proceedings and unexecuted decrees, for ejectment", "related_acts": "", "section_id": 56 }, { "act_id": 232, "details": "89. Saving of limitation.- 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": 57 }, { "act_id": 232, "details": "89A. Calculation of the period of possession.- 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": 58 }, { "act_id": 232, "details": "90. Repeal of Bengal Act IX of 1940 and Assam Act X of 1947.- 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": 59 }, { "act_id": 232, "details": "91. (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:- 23* * * (c)\tthe manner of determining compensation referred to in the proviso to sub-section (1) of section 9 and in the proviso to section 20; (d)\tthe forms of the notices referred to in section 23, and the amount of the process-fees referred to in the said section; 24* * * 25(rr) the Revenue-officer referred to in sub-section (1) of section 68; (s)\tthe manner of service of notice issued under this Act where the mode of such service is not provided in this Act.", "name": "Rules", "related_acts": "", "section_id": 60 } ], "text": "An Act to make better provision relating to the law of landlord and tenant in respect of certain non-agricultural tenancies in Bangladesh.1♣ WHEREAS it is expedient to make better provision relating to the law of landlord and tenant in respect of certain non-agricultural tenancies in Bangladesh; It is hereby enacted as follows:-" }

{ "id": 233, "lower_text": [ "1 The word “Bangladesh” was substituted for the words “East Pakistan” by section 2 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)", "2 The words “East Bengal” were omitted by section 3 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)", "3 The word “Bangladesh” was substituted for the words “East Pakistan” by section 3 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)", "4 The word “Provincial” was omitted by section 3 of the Protection and Conservation of Fish (Amendment) Ordinance, 1982 (Ordinance No. LV of 1982)", "5 Section (2) was substituted by section 2 of the Protection and Conservation of Fish (Amendment) Ordinance, 2002 (Ordinance No. XX of 2002)", "6 The word “Provincial” was omitted by section 5 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)", "7 Sub-section (2) was substituted by section 5 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)", "8 The words “fishing net” were substituted for the word “net” by section 3 of the Protection and Conservation of Fish (Amendment) Act, 1995 ( Act No. IX of 1995)", "9 The words “fishing net” were substituted for the word “net” by section 3 of the Protection and Conservation of Fish (Amendment) Act, 1995 ( Act No. IX of 1995)", "10 Sub-clause (iv) was inserted by section 3 of the Protection and Conservation of Fish (Amendment) Act, 1995 ( Act No. IX of 1995)", "11 The word “and” was omitted by section 3 of the Protection and Conservation of Fish (Amendment) Act, 1995 ( Act No. IX of 1995)", "12 The semi-colon (;) was substituted for the colon (:) and clause (g) was inserted by section 3 of the Protection and Conservation of Fish (Amendment) Act, 1995 ( Act No. IX of 1995)", "13 The word “Provincial” was omitted by section 5 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)", "14 Sub-section (4) was substituted by section 4 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)", "15 The commas and words “, finishing net, Current Jal” were added by section 3 of the Protection and Conservation of Fish (Amendment) Ordinance, 2002 (Ordinance No. XX of 2002)", "16 The commas and words “, finishing net, Current Jal” were added by section 3 of the Protection and Conservation of Fish (Amendment) Ordinance, 2002 (Ordinance No. XX of 2002)", "17 Clause (c) was substituted by section 3 of the Protection and Conservation of Fish (Amendment) Act, 1995 ( Act No. IX of 1995)", "18 The comma and words “, Current Jal” were added by section 3 of the Protection and Conservation of Fish (Amendment) Ordinance, 2002 (Ordinance No. XX of 2002)", "19 The words, figures and commas “section 23 of the General Clauses Act, 1897, ” were substituted for the words, figures and commas “section 24 of the Bengal General Clauses Act, 1897,” by section 5 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)", "20 The word “Provincial” was omitted by section 6 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)", "21 The words “catching, carrying, transporting, offering, exposing or possession” were substituted for the words “offering or exposing or possession” by section 6 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)", "22 The word “Bangladesh” was substituted for the words “the Province of East Pakistan” by section 6 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)", "23 Section (4A) was inserted by section 4 of the Protection and Conservation of Fish (Amendment) Ordinance, 2002 (Ordinance No. XX of 2002)", "24 Section (5) was substituted by section 5 of the Protection and Conservation of Fish (Amendment) Ordinance, 2002 (Ordinance No. XX of 2002)", "25 Section (5A) was inserted by section 6 of the Protection and Conservation of Fish (Amendment) Ordinance, 2002 (Ordinance No. XX of 2002)", "26 The word “Provincial” was omitted by section 8 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)", "27 The words and figures “under section 4 and 4A respectively” were substituted for the words “under section 4” by section 7 of the Protection and Conservation of Fish (Amendment) Ordinance, 2002 (Ordinance No. XX of 2002)", "28 Sub-section (4) was substituted by section 7 of the Protection and Conservation of Fish (Amendment) Ordinance, 2002 (Ordinance No. XX of 2002)", "29 Section 7 was substituted by section 5 of the Protection and Conservation of Fish (Amendment) Act, 1995 ( Act No. IX of 1995)", "30 Clause (c) and (d) were substituted by section 8 of the Protection and Conservation of Fish (Amendment) Ordinance, 2002 (Ordinance No. XX of 2002)", "31 The word “Pakistan” was omitted by section 10 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)" ], "name": "The Protection and Conservation of Fish Act, 1950 (East Bengal Act)", "num_of_sections": 12, "published_date": "18th May, 1950", "related_act": [ 73, 75 ], "repelled": false, "sections": [ { "act_id": 233, "details": "1. (1) This Act may be called the 2* * * Protection and Conservation of Fish Act, 1950. (2) It extends to the whole of 3Bangladesh. (3) It shall come into force on such date as the 4* * * Government may, by notification in the official Gazette, appoint.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 233, "details": "52. In this Act, unless there is anything repugnant in the subject or context,- (1) \t“Current Jal” means fishing net made of monofilament synthetic nylon fibre of different mesh sizes;  (2)\t“Fish” includes all cartilaginous, bony fishes, prawn, shrimp, amphibians, tortoise, turtles, crustacean animals, molluscs, echinoderms and frogs at all stages in their life history; (3)\t“Fishery” means any water body, natural or artificial, open or closed, flowing or stagnant (such as river, haor, baor, beel, floodplain, canal etc.) where activities for growing fish, or for conservation, development, demonstration, breeding, exploitation or disposal of fish or of living organisms related to such activities are undertaken, but does not include an artificial aquarium of fish used as decorative article, pond or tank; (4) \t“Fishery 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 by any rule made thereunder to be done by such officer: Provided that, no police officer shall be so empowered; (5)\t“Fishing net” means the nets which are specially meant for catching different species of fishes from water bodies and it is one type of fishing gear made of different types of yarns including synthetic yarns of different mesh sizes other than Current Jal. The common tanning materials of net are fruit of gab (Diospyros embryopteris) bark of Goran (Ceriops roxburghiana) and Coal-tar; (6)\t“Fixed engine” means any net, cage, trap or other contrivance for catching fish, fixed in the earth or made stationary in any other way.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 233, "details": "3. (1) The 6* * * Government may make rules for the purposes hereinafter in this section mentioned. 7(2) The Government may, by notification, apply such rules or any of them to any water or waters. (3) Such rules may- (a)\tprohibit or regulate all or any of the following matters, that is to say,- (i)\tthe erection and use of fixed engines; (ii)\tthe construction, temporary or permanent, of weirs, dams, bunds, embankments and other structures; (iii)\t the use or method of operation of any kind of 8fishing net and the size of the mesh of any 9fishing net; 10(iv) the manufacture, import, marketing, carrying, transporting or possessing of such fishing nets, traps, gears and other contrivances as may be specified in the rules; (b)\tprohibit the destruction of, or any attempt to destroy, fishes by explosives, gun, bow and arrow in inland water or within coastal territorial waters; (c)\tprohibit the destruction of, or any attempt to destroy, fishes by the poisoning of waters or the depletion of fisheries by pollution by trade effluents or otherwise; (d)\tprescribe the seasons during which the killing or catching of fishes of any prescribed species shall be prohibited; (e)\tprescribe a minimum size below which no fish of any prescribed species shall be killed or sold; 11* * * (f)\tprohibit all fishing in all waters or in any specified waters for a specified period 12;  (g)\tprohibit the destruction of or any attempt to destroy fishes by drying or dewatering of any fishery: Provided that the 13* * * Government may for the purpose of pisciculture, collection of data and scientific investigation for biological study on fish permit the catching of fishes in any closed season or in any prohibited water or below the prescribed minimum size and disposal thereof subject to the condition of the licence issued for the purpose. 14(4) In making any rule under this section, the Government may provide for- (a) the seizure, removal and forfeiture of any fixed engine 15, finishing net, Current Jal or any other contrivance erected or used for fishing in contravention of the rules; (b)\tthe forfeiture of any fishes taken by means of any such fixed engine 16, finishing net, Current Jal or any other contrivance; and 17(c) the procedure for disposal of forfeited fixed engine, fishing net 18, Current Jal or other contrivance or forfeited fish. (5) The power to make rules is subject to the condition of previous publication; and the date to be specified under clause (3) of 19section 23 of the General Clauses Act, 1897, shall not be less than two months from the date on which the draft of the proposed rules was published. (6) All such rules shall be published in the official Gazette and shall, unless some later date is appointed, come into force on the date of such publication.", "name": "Power to make rules", "related_acts": "73", "section_id": 3 }, { "act_id": 233, "details": "4. The 20* * * Government may, by notification, prohibit for a specified period the 21catching, carrying, transporting, offering, exposing or possession for sale or barter of fishes below the prescribed size of any prescribed species throughout 22Bangladesh or any part thereof.", "name": "Power to prohibit sale of fish", "related_acts": "", "section_id": 4 }, { "act_id": 233, "details": "234A. (1) No person shall manufacture, fabricate, import, market, store, carry, transport, own, possess or use Current Jal. (2) Whoever has in his possession Current Jal, shall, within 45 (forty-five) days of coming into force of this provision, surrender such Current Jal to the nearest police station, Office of the Fishery Officer or Office of the Upazilla Nirbahi Officer, and during that period an existing possession of Current Jal by any person shall not be deemed to be an offence.", "name": "Prohibition about Current Jal", "related_acts": "", "section_id": 5 }, { "act_id": 233, "details": "245. (1) The breach of any rule made under section 3 or of any prohibition notified under section 4 shall be punishable with rigorous imprisonment for a term which shall not be less than one year and may extend to two years, or with fine which may extend to five thousand Taka, or with both. (2) The breach of any prohibition, described in section 4A, in connection with- (a) \tmanufacture, fabrication, import, marketing or storing of Current Jal by any person shall be punishable with rigorous imprisonment for a term which shall not be less than three years and may extend to five years, and shall also be liable to fine which may extend to ten thousand Taka; and (b) \tcarrying, transporting, owning, possession or use of Current Jal by any person shall be punishable with rigorous imprisonment for a term which shall not be less than one year and may extend to three years, or with fine which may extend to five thousand Taka, or with both.", "name": "Penalties", "related_acts": "", "section_id": 6 }, { "act_id": 233, "details": "255A. When any person is convicted of an offence punishable under this Act or the rules made under this Act, the Court, before which he is convicted, shall direct that, any article or thing used or intended to be used in the commission of such offence, be confiscated.", "name": "Power to confiscate", "related_acts": "", "section_id": 7 }, { "act_id": 233, "details": "6. (1) Any person, specially empowered by the 26* * * Government in this behalf, may arrest without warrant any person committing a breach of any rule under section 3 or any prohibition notified 27under section 4 and 4A respectively- (a) \tif the name and address of the person are unknown to him, and (b)\tif the person declines to give his name and address or if there is reason to doubt the accuracy of the name and address, if given. (2) A person arrested under this section may be detained until his name and address have been correctly ascertained: Provided that no person so arrested shall be detained longer than may be necessary for bringing him before a Magistrate or to the nearest police-station according to the provisions of the Code of Criminal Procedure, 1898. (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, it will be lawful for the officer-in-charge of a police-station to detain a person produced before him under the preceding sub-section till he is produced before the Magistrate. 28(4) All Fishery Officers empowered by the Government shall have the same powers of search, seizure and investigation in respect of an offence under this Act as a police officer of the rank of Sub-Inspector; and any police officer, shall be destroyed after the lapse of 30 days, if in the meantime no one claims the same or otherwise initiates any other proceeding regarding his lawful claim thereto.", "name": "Arrest without warrant for offence under the Act", "related_acts": "75,75", "section_id": 8 }, { "act_id": 233, "details": "297. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898)- (a)\tan offence under this Act shall be a cognizable offence within the meaning of that Code; (b)\tno court shall take cognizance of such offence except on the complaint or a report of a fishery officer or of a police officer not below the rank of Sub-Inspector; 30(c) no Court other than of a Metropolitan Magistrate or Magistrate of the first class shall try an offence under this Act; and (d) \tA Court trying an offence, except an offence under clause (a) of sub-section (2) of section (5), under this Act may try the offence summarily in accordance with the procedure laid down in the said Code for summary trial.", "name": "Cognizance, trial etc. of offences", "related_acts": "75", "section_id": 9 }, { "act_id": 233, "details": "8. All persons empowered to perform any functions under this Act shall be deemed to be public servants within the meaning of section 21 of the 31* * * Penal Code.", "name": "Officers to be deemed public servants", "related_acts": "", "section_id": 10 }, { "act_id": 233, "details": "9. 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": 11 }, { "act_id": 233, "details": "10. Repeal.- Omitted by section 11 of the Protection and Conservation of Fish (Amendment) Ordinance, 1982 (Ordinance No. LV of 1982).", "name": "Omitted", "related_acts": "", "section_id": 12 } ], "text": "An Act to provide for the protection and conservation of fish in 1Bangladesh. WHEREAS it is expedient to provide for the protection and conservation of fishes in Bangladesh; It is hereby enacted as follows:-" }

{ "id": 234, "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 words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Laws) Order, 1972 (President’s Order No. 48 of 1972)", "3 The words, comma, brackets and figures “the Paurashava Ordinance, 1977 (Ordinance No. XXVI of 1977)” were substituted for the words, comma and figures “the Municipal Administration Ordinance, 1960” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "4 The word “the” was substituted for the word “such” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "5 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The Acquisition of Waste Land Act, 1950 (East Bengal Act)", "num_of_sections": 27, "published_date": "18th May, 1950", "related_act": [ 388, 430, 549, 86 ], "repelled": false, "sections": [ { "act_id": 234, "details": "1. (1) This Act may be called the 2* * * Acquisition of Waste Land Act, 1950. (2) It extends to the whole of Bangladesh except any area constituted a municipality under the provisions of 3the Paurashava Ordinance, 1977 (XXVI of 1977).", "name": "Short title and extent", "related_acts": "549", "section_id": 1 }, { "act_id": 234, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t“Collector” includes Deputy Commissioner and such other officers as may be authorised by the Government to perform all or any of the functions of a Collector under this Act; (2)\t“waste land” means any land including marshy tracts, water courses, and jungle areas, which has not grown any crop for five consecutive years or more immediately preceding the date of publication of the notification under section 3 in respect of such land, but does not include- (i)\tany land which has been acquired before such date or has been held from before such date for industrial or building purposes or for the purposes of trade or business; (ii)\tany land which has been held from before such date for purposes connected with the cultivation or manufacture of tea; (iii)\tany land used for homestead purposes together with any garden appertaining to a homestead; (3)\t“person interested” includes all persons claiming an interest in compensation to be made on account of the acquisition of any land under this Act; (4)\t“public purpose” includes,- (a)\tthe production of food; or (b)\tthe afforestation of land; or (c)\tthe carrying out of irrigation or drainage schemes; or (d) \tthe provision of sites for the setting up of model villages; or (e) \tthe reclamation of land for bringing it under cultivation; or (f) \tthe settlement of land with any person or persons, in order to provide them with a means of livelihood or with holdings of an economic size or in order to enable such person or persons to carry on large scale farming on a co-operative basis or otherwise by the use of power-driven mechanical appliances; (5)\t“prescribed” means prescribed by rules made under this Act.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 234, "details": "3. (1) Whenever it appears to the Government that any waste land (hereinafter in this Act referred to as land) is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the official Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places on or near the land. (2) Thereupon it shall be lawful for any officer either generally or specially authorised by the Government in this behalf, and for his servants and workmen,- (a)\tto enter upon and survey and take levels of the land; (b)\tto dig or bore into the sub-soil; (c)\tto do all other acts necessary to ascertain whether the land is adapted for such purpose; (d)\tto set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; (e)\tto mark such levels, boundaries and line by placing marks and cutting trenches; (f) \tand where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any fence or jungle.", "name": "Publication of preliminary notification and powers of officers on the issue of such notification", "related_acts": "", "section_id": 3 }, { "act_id": 234, "details": "4. (1) Any person interested in any land which has been notified under sub-section (1) of section 3, as being needed or likely to be needed for a public purpose, may, within fifteen days after the issue of the notification, object to the acquisition of the land. (2) Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall, after giving the objector an opportunity of being heard and after making such inquiry, if any, as he thinks necessary, submit the case for the decision of the Government together with the record of the proceedings held by him and a report containing his recommendations on the objections. The decision of the Government on the objections shall be final. (3) For the purpose of this section, a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under this Act.", "name": "Objections", "related_acts": "", "section_id": 4 }, { "act_id": 234, "details": "5. (1) When the Government is satisfied, after considering the report, if any, made under sub-section (2) of section (4), that the land is needed for a public purpose, a declaration shall be made to that effect under the signature of a Secretary to 4the Government or of some officers duly authorised to certify its orders. (2) The declaration shall be published in the official Gazette, and shall state the district or other territorial division in which the land is situated, the purpose for which it is needed, its approximate area, and, where a plan shall have been made of the land, the place where such plan may be inspected. (3) The said declaration shall be conclusive evidence that the land is needed for a public purpose and after making such declaration, the Government may acquire the land in the manner hereinafter appearing.", "name": "Declaration that land is required for a public purpose", "related_acts": "", "section_id": 5 }, { "act_id": 234, "details": "6. Whenever any land shall have been so declared to be needed for a public purpose, the Government, or some officers authorised by the Government in this behalf, shall direct the Collector to take order for the acquisition of the land.", "name": "Order for acquisition", "related_acts": "", "section_id": 6 }, { "act_id": 234, "details": "7. (1) The Collector shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensation for all interests in such land may be made to him. (2) Such notice shall state the particulars of the land so needed, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, and their objections (if any) to the measurements of the land. The Collector may in any case require such statement to be made in writing and signed by the party or his agent. (3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all such persons known or believed to be interested therein as reside or have agents authorised to receive service on their behalf, within the district in which the land is situated. (4) In case any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him at his last known residence, address or place of business.", "name": "Notice to persons interested", "related_acts": "", "section_id": 7 }, { "act_id": 234, "details": "8. (1) The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being earlier than fifteen days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, tenure-holder, mortgagee, tenant or otherwise, the nature of such interest and the rents and profits (if any) received or receivable on account thereof for three years next preceding the date of the statement. (2) Every person required to make or deliver a statement under this section or section 7 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the 5* * * Penal Code.", "name": "Power to require and enforce the making of statements as to names and interests", "related_acts": "", "section_id": 8 }, { "act_id": 234, "details": "9. At any time after the expiration of fifteen days from the publication of the notice mentioned in sub-section (1) of section 7, the Collector may take possession of the land, which shall thereupon vest absolutely in the Government free from all encumbrances.", "name": "Power to take possession", "related_acts": "", "section_id": 9 }, { "act_id": 234, "details": "10. (1) On the day fixed under sub-section (2) of section 7 or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under section 7 to the measurements of the land and into the respective interests of the persons claiming the compensation and the amount and particulars of their claims, and shall make an award under his hand of- (i)\tthe true area of the land; (ii)\tthe compensation which in his opinion should be allowed under section 12; and (iii)\tthe apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him. (2) Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of the land the apportionment of the compensation among the persons interested. (3) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made.", "name": "Enquiry and award by Collector", "related_acts": "", "section_id": 10 }, { "act_id": 234, "details": "11.\tFor the purpose of enquiries under this Act the Collector shall have power to summon and enforce the attendance of witnesses, including the parties 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 to summon and enforce attendance of witnesses and production of documents", "related_acts": "86", "section_id": 11 }, { "act_id": 234, "details": "12.\tIn determining the amount of compensation the Collector shall be guided by the following provisions, namely:- (a)\tif the land does not yield any income, the immediate owner of the land shall receive compensation at the rate of rupees ten per acre; (b)\tif the land yields any income, the immediate owner of the land shall get compensation of an amount equivalent to five times the net annual income to be determined in the manner prescribed or ten times the annual rent paid by occupancy raiyats for an equal area of cultivated land in the neighbourhood which the Collector may select as being appropriate for the purpose, whichever is greater;  (c)\tin either case, the superior landlords shall get compensation of an amount equivalent to ten times their respective net annual incomes from such land determined in the prescribed manner on the basis of the rental value of such land.", "name": "Principles of determining compensation", "related_acts": "", "section_id": 12 }, { "act_id": 234, "details": "13.\t(1) Where there are several persons interested, if such persons agree to the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment. (2) When the amount of compensation has been settled under section 10, if any dispute arises as to the apportionment of the same or any part thereof or as to the persons to whom the same or any part thereof is payable, the Collector shall decide such dispute subject to rules made under this Act before making the award under sub-section (1) of that section.", "name": "Apportionment of compensation", "related_acts": "", "section_id": 13 }, { "act_id": 234, "details": "14.\tIn cases of urgency, the Government may direct that the provisions of section 4 shall not apply, and, if it does not direct, a declaration may be made under section 5 in respect of the land at any time after the publication of the notification under sub-section (1) of section 3.", "name": "Special powers in cases of urgency", "related_acts": "", "section_id": 14 }, { "act_id": 234, "details": "15.\t(1) Any person interested who has not accepted the award made by the Collector or the decision of the Collector regarding the amount of compensation payable under sub-section (2) of section 24 may, in the manner prescribed, prefer an appeal, within six weeks of the date of such award or decision, to the prescribed authority whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable or the apportionment of the compensation among the persons interested or the decision under sub-section (2) of section 24. (2) The decision of the prescribed authority shall be final.", "name": "Appeal", "related_acts": "", "section_id": 15 }, { "act_id": 234, "details": "16.\tNo Civil Court shall entertain any suit in respect of any matter arising out of any proceedings under this Act.", "name": "Bar to jurisdiction of Civil Courts", "related_acts": "", "section_id": 16 }, { "act_id": 234, "details": "17. When all appeals under section 15 against the award of the Collector have been disposed of, the decisions of the appellate authority together with the records of the cases shall be forwarded to the Collector who shall thereupon modify the award according to such decisions.", "name": "Modification of the award according to the decision of the appellate authority", "related_acts": "", "section_id": 17 }, { "act_id": 234, "details": "18. The compensation awarded shall be paid by the Collector subject to such rules as may be made in this behalf under this Act: Provided that nothing contained in this Act or in any rules made thereunder shall affect the liability of any person who may receive the whole or any part of any compensation awarded under this Act to pay the same to the person lawfully entitled thereto.", "name": "Payment of compensation", "related_acts": "", "section_id": 18 }, { "act_id": 234, "details": "19.\t(1) If the land, in respect of which any money is awarded, belonged to any person who had no power to alienate the same, it shall be kept in deposit with the Collector and be invested in such manner as the Collector thinks fit; and the person or persons who would for the time being have been entitled to the possession of the said land shall be entitled to receive the interest or other proceeds arising from such investment and the said money shall remain so deposited and invested until the same be applied in payment to any person or persons becoming absolutely entitled thereto. (2) In all cases of moneys deposited to which this section applies, the cost of such investment including all reasonable charges and expenses incidental thereto and such other costs as may be prescribed shall be paid by the Collector.", "name": "Investment of money awarded in respect of land belonging to person incompetent to alienate", "related_acts": "", "section_id": 19 }, { "act_id": 234, "details": "20.\tWhen the amount of compensation awarded is not paid, or is not deposited under sub-section (1) of section 19, on or before the date on which possession is taken of the land, the Collector shall when paying or depositing such amount also pay or deposit, as the case may be, interest thereon at the rate of three per centum per annum from such date until the date on which such amount is paid or so deposited: Provided that such interest shall not be payable in the case where the persons entitled to the amount of compensation do not consent to receive it or where there is any dispute as to the title to receive it or as to its apportionment.", "name": "Payment of interest", "related_acts": "", "section_id": 20 }, { "act_id": 234, "details": "21.\tThe service of any notice under this Act shall be made in the manner prescribed.", "name": "Service of notices", "related_acts": "", "section_id": 21 }, { "act_id": 234, "details": "22.\tWhoever wilfully obstructs any person in doing any of the acts authorised by section 3 or wilfully fills up, destroys, damages or displaces any trench or mark made under section 3, shall, on conviction before a Magistrate, be liable to imprisonment for any term not exceeding one month, or to a fine not exceeding fifty rupees or to both.", "name": "Penalty for obstructing acquisition of land", "related_acts": "", "section_id": 22 }, { "act_id": 234, "details": "23.\tIf the Collector is opposed or impeded in taking possession under this Act of any land, he shall, if a Magistrate, enforce the surrender of the land to himself, and if not a Magistrate, he shall apply to a Magistrate and such Magistrate shall enforce the surrender of the land to the Collector.", "name": "Magistrate to enforce surrender", "related_acts": "", "section_id": 23 }, { "act_id": 234, "details": "24.\t(1) The Government shall be at liberty to withdraw at any time from the acquisition of any land, before the award has been made under section 10. (2) Whenever the Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damages, if any, suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land.", "name": "Completion of acquisition not compulsory", "related_acts": "", "section_id": 24 }, { "act_id": 234, "details": "25.\tNo award made under this Act shall be chargeable with stamp-duty, and no person claiming under any such award shall be liable to pay any fee for a copy of the same.", "name": "Exemption from stamp-duty and fees", "related_acts": "", "section_id": 25 }, { "act_id": 234, "details": "26.\t(1) 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 in pursuance of this Act or any rules made thereunder. (2) Save as otherwise expressly provided under this Act, no suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.", "name": "Protection of action taken under the Act", "related_acts": "", "section_id": 26 }, { "act_id": 234, "details": "27.\t (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 determination of net annual income under clauses (b) and (c) of section 12; (b)\tthe decision of disputes under sub-section (2) of section 13 as to the apportionment of compensation; (c)\tthe manner of preferring appeals under section 15, and the authority to whom such appeals are to be preferred; (d)\tthe payment of compensation referred to in section 18; (e) the costs other than the costs of investment of the compensation money referred to in sub-section (2) of section 19; (f) \tthe manner of service of notices under this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 27 } ], "text": "An Act to provide for the acquisition for public purposes of waste land in Bangladesh.1♣ WHEREAS it is expedient to provide for the acquisition for public purposes of waste land in Bangladesh; It is hereby enacted as follows:-" }

{ "id": 235, "lower_text": [ "1 Throughout this section, the word “Bangladesh” was substituted for the word “Pakistan” by section 2(a) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)", "2 The word “Pakistan” was omitted by section 2(b) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "3 The word “Government” was substituted for the words “Central Government” by section 2(c) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "4 Section 3 was omitted by section 2(d) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।" ], "name": "The Navy (Extension of Service) Act, 1950", "num_of_sections": 3, "published_date": "30th January, 1950", "related_act": [ 235 ], "repelled": false, "sections": [ { "act_id": 235, "details": "1. (1) This Act may be called the 2* * * Navy (Extension of Service) Act, 1950. (2) It shall come into force at once.", "name": "Short title and commencement", "related_acts": "235", "section_id": 1 }, { "act_id": 235, "details": "2. Until such date as may be notified in this behalf by the 3Government any person enrolled for service in the Bangladesh Navy who, by reason of the expiry of the term for which he was engaged to serve when so enrolled, is no longer liable for service shall, notwithstanding such expiry, continue to be enrolled for service and to be liable for service in the Bangladesh Navy until he is discharged by the order of the Officer Commanding the Bangladesh Navy: Provided that the period for which the service of any such person is extended under this section shall not exceed five years from the day on which his service would otherwise have terminated.", "name": "Extension of service where term of service has expired", "related_acts": "", "section_id": 2 }, { "act_id": 235, "details": "3. 4***", "name": "Repeal", "related_acts": "", "section_id": 3 } ], "text": "An Act to provide for the retention in service of certain persons enrolled for service in the Bangladesh Navy.1♣ WHEREAS it is expedient to provide for the retention in service of certain persons enrolled for service in the Bangladesh Navy; It is hereby enacted as follows:-" }

{ "id": 236, "lower_text": [ "1 Throughout this Act, the word “Government” was substituted for the words “Central Government” by section 2 of the Imports and Exports (Control) (Amendment) Act, 1975 (Act No. XXII of 1975)", "2 The words “and commencement” were substituted for the comma and words“, commencement and duration” by section 4 of the Imports and Exports (Control) (Amendment) Act, 1975 (Act No. XXII of 1975)", "3 The words “at once” were substituted for the words and comma “immediately, and shall remain in force for a period of twenty-five years” by section 4 of the Imports and Exports (Control) (Amendment) Act, 1975 (Act No. XXII of 1975)", "4 The word and figure “section 3” was substituted for the word and figure “section 2” by section 5 of the Imports and Exports (Control) (Amendment) Act, 1975 (Act No. XXII of 1975)", "5 Sections 4A and 4B were inserted by section 4 of the Imports and Exports (Control) (Amendment) Ordinance, 1962 (Ordinance No. XXIX of 1962)", "6 The words “of Pakistan” were omitted by section 6 of the Imports and Exports (Control) (Amendment) Act, 1975 (Act No. XXII of 1975)" ], "name": "The Imports and Exports (Control) Act, 1950", "num_of_sections": 11, "published_date": "19th April, 1950", "related_act": [ 354, 236 ], "repelled": false, "sections": [ { "act_id": 236, "details": "1. (1) This Act may be called the Imports and Exports (Control) Act, 1950. (2) It extends to the whole of Bangladesh. (3) It shall come into force 3at once.", "name": "Short title, extent and commencement", "related_acts": "236", "section_id": 1 }, { "act_id": 236, "details": "2. In this Act- (a)\t“Chief Controller” means the officer appointed by the Government to perform the duties of Chief Controller of Imports and Exports under this Act;  (b)\t“Collector of Customs” means an officer appointed as such under 4section 3 of the Customs Act, 1969 (IV of 1969); and (c) \t“import” and “export” mean respectively bringing into, and taking out of, Bangladesh by sea, land or air.", "name": "Definitions", "related_acts": "354", "section_id": 2 }, { "act_id": 236, "details": "3. (1) The Government may, by order published in the official Gazette and subject to such conditions and exceptions as may be made by or under the order, prohibit, restrict or otherwise control the import or export of goods of any specified description, or regulate generally all practices (including trade practices) and procedure connected with the import or export of such goods, and such order may provide for applications for licences under this Act, the evidences to be attached to such applications, the grant, use, transfer, sale or cancellation of such licences, and the form and manner in which and the periods within which appeals and applications for review or revision may be preferred and disposed of, and the charging of fees in respect of any such matter as may be provided in such order. (2) No goods of the specified description shall be imported or exported except in accordance with the conditions of a licence to be issued by the Chief Controller or any other officer authorised in this behalf by the Government. (3) All goods to which any order under sub-section (1) applies shall be deemed to be goods of which the import or export has been prohibited or restricted under section 16 of the Customs Act, 1969 (IV of 1969), and all the provisions of that Act shall have effect accordingly. (4) Notwithstanding anything contained in the aforesaid Act the Government may, by order published in the official Gazette, prohibit, restrict or impose conditions on the clearance whether for home consumption or ware-housing or shipment abroad of any imported goods or class of goods.", "name": "Powers to prohibit or restrict imports and exports", "related_acts": "354", "section_id": 3 }, { "act_id": 236, "details": "4. All orders made under section 3 of the Imports and Exports (Control) Act, 1947, and in force immediately before the commencement of this Act, shall so far as they are not inconsistent with the provisions of this Act, continue in force and shall be deemed to have been made under this Act.", "name": "Continuance of existing orders", "related_acts": "", "section_id": 4 }, { "act_id": 236, "details": "54A. No person shall sell, purchase or otherwise deal in any import licence other than an import licence issued under the Export Bonus Scheme. Explanation.- In this section “Export Bonus Scheme” means the scheme introduced by Government 6* * *.", "name": "Prohibition to sell or purchase import licence", "related_acts": "", "section_id": 5 }, { "act_id": 236, "details": "4B. Except with the previous permission in writing of the Chief Controller or any other officer authorised in this behalf by the Government, no person who in his capacity as industrial consumer, imports any goods against a licence issued to him or, where no licence is required for the import of such goods by an industrial consumer, without any licence, shall sell or otherwise transfer such goods or use the goods for a purpose other than the purpose or purposes for which the licence was issued or such goods were imported.", "name": "Prohibition regarding sale and transfer of goods by industrial consumer", "related_acts": "", "section_id": 6 }, { "act_id": 236, "details": "5. If any person contravenes any provision of this Act or any order made or deemed to have been made under this Act or the rules made thereunder, or makes use of an import or export licence otherwise than in accordance with any condition in that behalf imposed under this Act, he shall without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1969 (IV of 1969), as applied by sub-section (3) of section 3 of this Act be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.", "name": "Penalty", "related_acts": "354", "section_id": 7 }, { "act_id": 236, "details": "6. No court shall take cognizance of any offence punishable under section 5 except upon complaint in writing made,- (a)\tin the case of an offence which is punishable both under this Act or the rules made thereunder and also, whether by confiscation or otherwise, under the Customs Act, 1969 (IV of 1969), by a Collector of Customs or by an officer of Customs authorised in writing in this behalf by a Collector of Customs, or (b)\tin the case of any other offence by the Chief Controller or by an officer authorised by him in writing in this behalf; and no court inferior to that of a Magistrate of the first class shall try any such offence.", "name": "Cognizance of offences", "related_acts": "354", "section_id": 8 }, { "act_id": 236, "details": "7. No order made or deemed to have been made under this Act shall be called in question in any court, and no 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 or any rules made thereunder or any order made or deemed to have been made thereunder.", "name": "Savings", "related_acts": "", "section_id": 9 }, { "act_id": 236, "details": "8. The Government may make rules not inconsistent with this Act for carrying out the purposes of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 10 }, { "act_id": 236, "details": "9. Repeal.- Repealed by section 2 and 1st Schedule of the Repealing and Amending Ordinance, 1965 (Ordinance No. X of 1965).", "name": "Repealed", "related_acts": "", "section_id": 11 } ], "text": "1♣♠An Act to * * * prohibit or control imports and exports. WHEREAS it is expedient to * * * prohibit, restrict or otherwise control imports into and exports from Bangladesh; It is hereby enacted as follows:-" }

{ "id": 237, "lower_text": [ "1 The words “Army and Air Force” were substituted for the words “Pakistan (Army and Air Force)” by section 3(b) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "2 The words “Indian Army Act, 1911 or the Pakistan” were omitted by section 3(c)(i) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "3 The words “Indian Air Force Act, 1932 or the Pakistan” were omitted by section 3(c)(ii) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "4 Section 7 was substituted by section 3(d) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।" ], "name": "The Army and Air Force Reserves Act, 1950", "num_of_sections": 9, "published_date": "19th April, 1950", "related_act": [ 248 ], "repelled": false, "sections": [ { "act_id": 237, "details": "1. This Act may be called the 1Army and Air Force Reserves Act, 1950.", "name": "Short title and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 237, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- “prescribed” means prescribed by rules made under this Act; “Reserves” means the Reserves of the Bangladesh Army or of the Bangladesh Air Force; “reservist” means a member of the Reserves.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 237, "details": "3. (1) The Reserves shall consist of the categories specified in the Schedule to this Act. (2) The Government may, by notification in the official Gazette, add to, amend or vary the Schedule to this Act.", "name": "Division of Reserve Forces", "related_acts": "", "section_id": 3 }, { "act_id": 237, "details": "4. An Army reservist shall be subject to the 2* * * Army Act, 1952, and the rules and regulations made thereunder and an Air Force reservist shall be subject to the 3* * * Air Force Act, 1953, and the rules and regulations made thereunder, in such manner and to such extent as may be prescribed.", "name": "Liability of reservists to military or air force law", "related_acts": "248", "section_id": 4 }, { "act_id": 237, "details": "5. A reservist shall be liable to serve without the limits of Bangladesh as well as within those limits.", "name": "Extent of liability for service", "related_acts": "", "section_id": 5 }, { "act_id": 237, "details": "6. (1) The Government may 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)\tprovide for the constitution of, and the appointment or transfer of any person as a reservist to, the reserves; (b)\tprescribe the service obligations to which reservists shall be liable; (c)\tprescribe periodical training for any category of reservists; (d)\tprovide for and regulate the pay and allowances of reservists; (e)\tprescribe the authorities by whom and the conditions subject to which the services of reservists may be terminated; (f)\tprovide for and regulate the gratuities or compensation, if any, to be paid to reservists or any category of reservists, or to any dependents of reservists; and (g)\tprovide for any other matter which under this Act is to be or may be prescribed. (3) All 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": 6 }, { "act_id": 237, "details": "47. The Government may make regulations for all or any of the purposes of this Act, other than those specified in section 6.", "name": "Power to make regulations", "related_acts": "", "section_id": 7 }, { "act_id": 237, "details": "8. Amendment of Act VIII of 1911.- Omitted by section 3 and the 2nd Schedule of the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960).", "name": "Omitted", "related_acts": "", "section_id": 8 }, { "act_id": 237, "details": "9. Repeal.- Repealed by section 2 and the 1st Schedule. of the Repealing and Amending Ordinance, 1965 (Ordinance No. X of 1965).", "name": "Repeal", "related_acts": "", "section_id": 9 } ], "text": "An Act to provide for the constitution and discipline of the Bangladesh Army and Air Force Reserves. ♣ WHEREAS it is expedient to consolidate and amend the law relating to the government and discipline of the Bangladesh Army and Air Force Reserves; It is hereby enacted as follows:-" }

{ "id": 238, "lower_text": [ "1 Throughout this Act, the words “Bangladesh Territorial Force”, “Government”, “Bangladesh Army” and “Bangladesh” were substituted for the words “Pakistan Territorial Force”, “Central Government”, “Pakistan Army” and “Pakistan” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "2 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)", "3 The words “for any province or an 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)", "4 The words “Any person who is a citizen of Bangladesh” were substituted for the words and commas “Any male person who is a citizen of, or is domiciled in, Pakistan or an Acceding State” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "5 The word “Pakistan” was omitted by section 4 of the Defence Services Laws Amendment Ordinance, 1978 (Ordinance No. XVIII of 1978)", "6 The word “Pakistan” was omitted by section 4 of the Defence Services Laws Amendment Ordinance, 1978 (Ordinance No. XVIII of 1978)", "7 The word “Pakistan” was omitted by section 4 of the Defence Services Laws Amendment Ordinance, 1978 (Ordinance No. XVIII of 1978)", "8 The word “Pakistan” was omitted by section 4 of the Defence Services Laws Amendment Ordinance, 1978 (Ordinance No. XVIII of 1978)", "9 The words “Chief of Army Staff of Bangladesh Army” were substituted for the words “Commander-in-Chief of the Pakistan Army” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Territorial Force Act, 1950", "num_of_sections": 20, "published_date": "23rd October, 1950", "related_act": [ 568, 75, 430, 238, 248 ], "repelled": false, "sections": [ { "act_id": 238, "details": "1. (1) This Act may be called the Territorial Force Act, 1950. (2) It extends to the whole of Bangladesh, and applies to persons enrolled in the Bangladesh Territorial Force wherever they may be. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "238", "section_id": 1 }, { "act_id": 238, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- “enrolled” means enrolled or re-enrolled in the Bangladesh Territorial Force under this Act; “non-commissioned officer” means a person holding non-commissioned rank in the Bangladesh Territorial Force, and includes an acting non-commissioned officer; “officer” means a commissioned officer or a junior commissioned officer; “prescribed” means prescribed by rules made under this Act.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 238, "details": "23. There may be raised and maintained in the manner hereinafter provided a Force to be called the Bangladesh Territorial Force: Provided that the Government may establish all or any of the branches of the Force as circumstances may permit from time to time.", "name": "Constitution of Bangladesh Territorial Force", "related_acts": "", "section_id": 3 }, { "act_id": 238, "details": "4. (1) The Government may constitute any corps or unit of the Bangladesh Territorial Force and may disband or reconstitute any corps or unit so constituted. (2) The Government may constitute 3* * * a university corps consisting of one or more units of the Territorial Force, for the appointment thereto of students of, and other persons connected with, a university established by law in Bangladesh, or colleges affiliated to such a university, and may disband or reconstitute any unit so constituted.", "name": "Constitution and disbandment of units", "related_acts": "", "section_id": 4 }, { "act_id": 238, "details": "5. (1) There shall be the following classes of officers in the Bangladesh Territorial Force, namely:- (a)\tcommissioned officers, and (b)\tjunior commissioned officers. (2) An officer shall be deemed to be enrolled in the Bangladesh Territorial Force for so long as he holds a commission in that Force.", "name": "Classes of officer", "related_acts": "", "section_id": 5 }, { "act_id": 238, "details": "6. (1) 4Any person who is a citizen of Bangladesh may offer himself for enrolment in the Bangladesh Territorial Force, and any such person who satisfies the prescribed conditions may be enrolled in the prescribed manner for such period, not exceeding six years, as may be prescribed. (2) An applicant for enrolment may apply to be enrolled for service in any particular branch, corps or unit.", "name": "Enrolment", "related_acts": "", "section_id": 6 }, { "act_id": 238, "details": "7. (1) Every person enrolled shall without unnecessary delay be appointed in the prescribed manner to a corps or unit constituted under section 4. (2) Any person who has been enrolled for service in any particular branch, corps or unit shall be appointed to a corps or unit of that branch or to that corps or unit, as the case may be.", "name": "Appointment to corps or unit", "related_acts": "", "section_id": 7 }, { "act_id": 238, "details": "8. (1) Any person appointed to a crops or unit under section 7 may be transferred, whether on disbandment of the corps or unit or otherwise, to another corps or unit of the same branch of the Bangladesh Territorial Force, in such manner as may be prescribed. (2) Any person enrolled may be attached at his own request to any corps or unit of the Bangladesh Territorial Force or to any unit of the Bangladesh Army.", "name": "Transfer and attachment", "related_acts": "", "section_id": 8 }, { "act_id": 238, "details": "9. (1) Any enrolled person who changes his residence otherwise than temporarily shall inform the prescribed authority of his new residence. (2) The prescribed authority on being so informed may, subject to the provisions of section 8, transfer such person from the corps or unit in which he is serving to another corps or unit.", "name": "Change of residence", "related_acts": "", "section_id": 9 }, { "act_id": 238, "details": "10. Every person enrolled shall be entitled to receive his discharge from the Bangladesh Territorial Force on the expiration of the period for which he was enrolled and any such person may, before the expiration of that period, be discharged from the said Force by such authority and subject to such conditions as may be prescribed, and shall be so discharged on a recommendation of the officer commanding the unit in this behalf: Provided that no person enrolled who is for the time being engaged in military service under the provisions of this Act shall be entitled to receive his discharge before the termination of such service.", "name": "Discharge", "related_acts": "", "section_id": 10 }, { "act_id": 238, "details": "11. (1) Every person enrolled shall, subject to such conditions as may be prescribed, be bound to serve in any corps or unit of the Bangladesh Territorial Force to which he has been appointed or transferred, or is for the time being attached, and shall be subject to all rules and regulations that may be made under this Act relating to such corps or unit. (2) Every person enrolled in a corps or unit other than a university corps or unit shall be liable to perform military service- (a)\twhen called out with any portion of the Bangladesh Territorial Force by an order of the senior military officer present either to act in support of the civil power or to provide guards, which, in the opinion of such officer, are essential; or (b)\twhen any portion of the Bangladesh Territorial Force to which he belongs has been embodied to support or supplement the Bangladesh Army in the event of an emergency by a notification directing such embodiment issued by the Government and published in the official Gazette; or (c)\twhen attached at his own request to any unit of the Bangladesh Army.", "name": "Liability to serve and perform military service", "related_acts": "", "section_id": 11 }, { "act_id": 238, "details": "12. No person embodied under section 11 shall be required to perform military service beyond the limits of Bangladesh save under a general or special order of the Government.", "name": "Territorial limits of liability to and duration of, military service", "related_acts": "", "section_id": 12 }, { "act_id": 238, "details": "13. (1) Every officer of the Bangladesh Territorial Force when doing duty as such officer, shall be subject to the 5* * * Army Act, 1952, and the rules and regulations made thereunder, whereupon the said Act, rules and regulations shall apply to him as if he held the same rank in the Bangladesh Army as he holds for the time being in the said Force, subject to the terms of his commission and the orders of the President. (2) Every non-commissioned officer and man of the Bangladesh Territorial Force,- (a)\twhen called out or embodied for military service under section 11, or (b)\twhen attached to, or otherwise acting as part of, or with, any unit of the Bangladesh Army, or (c)\twhen embodied for, or otherwise undergoing, military training in the prescribed manner, shall be subject to the 6* * * Army Act, 1952, and the rules and regulations made thereunder, whereupon the said Act, rules and regulations shall apply to him as if he held the same rank in the Bangladesh Army as he holds for the time being in the said Force, subject to the orders of the President: Provided that the said Act, rules and regulations shall, in their application to such non-commissioned officers and men when embodied for or otherwise undergoing military training, be modified to such extent and in such manner as may be prescribed: Provided further that non-commissioned officers and men of a university corps when undergoing training, shall, in respect of such training, be subject only to such disciplinary and other rules as may be prescribed. (3) Where an offence punishable under the 7* * * Army Act, 1952, or, as the case may be, under that Act as modified under sub-section (2), has been committed by any person whilst subject to that Act under the provisions of this section, such person may be taken into and kept in military custody and tried and punished for such offence, although he has ceased to be so subject as aforesaid, in like manner as he might have been taken into and kept in military custody, tried or punished if he had continued to be so subject: Provided that no such person shall be kept in military custody after he has ceased to belong to the Bangladesh Territorial Force, unless he has been taken into or kept in military custody on account of the offence before the date on which he ceased so to belong; nor shall he be kept in military custody or be tried or punished for the offence after the expiry of two months from that date, unless his trial has already commenced before such expiry.", "name": "The Army Act, 1952", "related_acts": "248,248,248", "section_id": 13 }, { "act_id": 238, "details": "14. In addition to, or in substitution for, any punishment or punishments to which he may be liable under the 8* * * Army Act, 1952, a junior commissioned officer, non-commissioned officer or man of the Bangladesh Territorial Force not being a member of a university corps, may be punished either by a criminal court or summarily by order of the prescribed authority for any offence under that Act, or for the contravention of any rule or regulation under this Act, with fine which may extend to fifty rupees, to be recovered in such manner and by such authority as may be prescribed: Provided that no court inferior to that of a magistrate of the first class shall try any offence made punishable by or under this Act.", "name": "Summary trial and punishments", "related_acts": "248", "section_id": 14 }, { "act_id": 238, "details": "15. Where a junior commissioned officer, non-commissioned officer or man of the Bangladesh Territorial Force is required by or in pursuance of any rule, regulation or order made under this Act to attend at any place, a certificate purporting to be signed by the prescribed officer, stating that the person so required to attend failed to do so in accordance with such requirement, shall without proof of the signature or appointment of such officer, be evidence of the matters stated therein.", "name": "Presumption as to certain documents", "related_acts": "", "section_id": 15 }, { "act_id": 238, "details": "16. (1) The Government may make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may- (a) \tprescribe the manner in which, the period for which and the conditions subject to which, persons may be enrolled under section 6;  (b) \tprescribe the manner in which persons enrolled may be appointed to corps and units under section 7 or transferred under section 8 or section 9; (c) \tprescribe the authorities by which and the condition subject to which persons enrolled may be discharged under section 10; (d) \tprescribe preliminary and periodical military training, compulsory and voluntary, for any person or class of persons enrolled and provide for the embodiment of any corps or unit for that purpose; (e) \tprescribe the military or other obligations to which members of a university corps shall be liable when undergoing military training and provide generally for the maintenance of discipline in such cases; (f) \tprovide for the medical examination of persons offering themselves for enrolment under section 6; (g) \tprovide for and regulate the remuneration, allowances, gratuities or compensation (if any) to be paid to any person or class of persons enrolled or to their dependents; and (h) \tprovide for any other matter which under this Act, is to be or may be prescribed. (3) All 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": 16 }, { "act_id": 238, "details": "17. (1) The 9Chief of Army Staff of Bangladesh Army may make regulations not inconsistent with this Act, and the rules made thereunder, providing generally for all details connected with the organisation and personnel of the Bangladesh Territorial Force and for the duties, military training, clothing, equipment, allowances and leave of persons enrolled. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may specify the courses of training or instruction to be followed by any person or class of persons enrolled.", "name": "Power to make regulations", "related_acts": "", "section_id": 17 }, { "act_id": 238, "details": "18. For the purposes of sections 128, 130 and 131 of the Code of Criminal Procedure, 1898, all officers, non-commissioned officers and men of the Bangladesh Territorial Force who have been appointed to a corps or unit shall be deemed to be officers, non-commissioned officers and soldiers, respectively, of Bangladesh Army.", "name": "Certain persons subject to this Act to be deemed part of Bangladesh Army for certain purposes", "related_acts": "75", "section_id": 18 }, { "act_id": 238, "details": "19. No person shall be liable to pay any municipal or other tax in respect of any horse, bicycle, motor bicycle, motor car, or other means of conveyance which he is authorised by regulations made under section 16 to maintain in his capacity as a person enrolled in or otherwise connected with the Bangladesh Territorial Force.", "name": "Exemption from local taxation", "related_acts": "", "section_id": 19 }, { "act_id": 238, "details": "20. Repeal.- Repealed by section 2 and 1st Schedule of the Repealing and Amending Ordinance, 1965 (Ordinance No. X of 1965).", "name": "Repealed", "related_acts": "", "section_id": 20 } ], "text": "An Act to constitute a Bangladesh Territorial Force. 1♣ WHEREAS it is expedient to provide for the constitution of a Bangladesh Territorial Force and for its administration and discipline; It is hereby enacted as follows:-" }

{ "id": 239, "lower_text": [ "1 Throughout this Act, unless otherwise specified, the words “Government” and “Bangladesh” were substituted for the words “Central Government” and “Pakistan” respectively by section 6 of the Finance Act, 1980 (Act No. XXIII of 1980)", "2 Clause (b) was omitted by section 6 of the Finance Act, 1980 (Act No. XXIII of 1980)", "3 The words, comma and figures “Customs Act, 1969” were substituted for the words, comma and figures “Tariff Act, 1934,” by section 6 of the Finance Act, 1980 (Act No. XXIII of 1980)", "4 The words, comma and figures “Customs Act, 1969” were substituted for the words, comma and figures “Tariff Act, 1934,” by section 6 of the Finance Act, 1980 (Act No. XXIII of 1980)", "5 Section 3A was inserted by section 2 of the Protective Duties (Amendment) Ordinance, 1962 (Ordinance No. XXX of 1962)" ], "name": "The Protective Duties Act, 1950", "num_of_sections": 6, "published_date": "23rd October, 195", "related_act": [ 354, 604, 86, 239 ], "repelled": false, "sections": [ { "act_id": 239, "details": "1. This Act may be called the Protective Duties Act, 1950. (2)\tIt extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "239", "section_id": 1 }, { "act_id": 239, "details": "2. (1) If the Government is of the opinion that it is urgently necessary to provide for the protection of the interests of any industry established in Bangladesh the Government may, by notification in the official Gazette- (a) \timpose on any goods produced or manufactured in any country outside Bangladesh and imported into Bangladesh a duty of customs of such amount and for such period as it thinks fit; or 2* * * (2) Every duty imposed under sub-section (1) shall be deemed to be a duty leviable under the 3Customs Act, 1969, and shall be in addition to any duties imposed under that Act or any other law for the time being in force.", "name": "Powers of Government to impose duties of Customs", "related_acts": "354", "section_id": 2 }, { "act_id": 239, "details": "3. (1) If, after such enquiry as it thinks necessary the Government is satisfied that the duty imposed on any goods under sub-section (1) of section 2 (altered, where necessary, in the manner hereinafter provided) has become unnecessary or excessive or that it is too low to provide adequate protection to the industry concerned in Bangladesh, it may, by notification in the official Gazette, reduce or raise the duty to such extent and for such period (which may be extended from time to time but by not more than three years at any one time) as it thinks fit. (2) On the expiration of the period specified in any notification issued under sub-section (1) of section 2 or sub-section (1) of this section, whichever is the later, there shall be levied and collected on the goods referred to therein customs duty at the rates for the time being in force under the 4Customs Act, 1969, and the provisions of the said Act and any other law for the time being in force relating to the levy and collection of the duty of customs shall apply accordingly. (3) Omitted by section 6 of the Finance Act, 1980 (Act No. XXIII of 1980).", "name": "Power to alter rates of protective duty and to extend the duration of the protection and the continuance of certain protective duties", "related_acts": "354,604", "section_id": 3 }, { "act_id": 239, "details": "53A. The Tariff Commission shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 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 supply of any information and production of any document which may be useful for the conduct of its enquiry.", "name": "Powers of the Tariff Commission", "related_acts": "86", "section_id": 4 }, { "act_id": 239, "details": "4. (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 prescribe the conditions subject to which any goods shall be deemed to be produced or manufactured in a particular country for the purposes of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 5 }, { "act_id": 239, "details": "5. Repeal.- Repealed by section 2 and 1st Schedule of the Repealing and Amending Ordinance, 1965 (Ordinance No. X of 1965).", "name": "Repealed", "related_acts": "", "section_id": 6 } ], "text": "An Act to enable the immediate imposition of protective duties of customs on imported goods. 1♣ WHEREAS it is expedient to enable the Government to impose with immediate effect protective duties of customs on goods produced or manufactured outside Bangladesh and imported into Bangladesh where such imposition is urgently necessary in the interest of industries established in Bangladesh; It is hereby enacted as follows:-" }

{ "id": 240, "lower_text": [ "1 Throughout this Act, the words “Bangladesh National Guard”, “Bangladesh” and “Government” were substituted for the words “Pakistan National Guard”, “Pakistan” and “Central 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 “in a Province or an 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)", "3 The words “may be raised” were substituted for the words “shall be raised” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "4 Section 4 was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "5 The words “ Any citizen of Bangladesh ” were substituted for the words “Any person domiciled in Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "6 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)", "7 The words “Chief of Army Staff of Bangladesh Army” were substituted for the words and commas “Commander-in-Chief, Pakistan Army,” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "8 Section 7 was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "9 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)", "10 The words and commas “Karachi Division, if the unit in which he is serving is constituted for the Division, or a” 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 “that district” were substituted for the words and commas “the Division or to that district, 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)", "12 The words and commas “and save, in the case of a person who is a subject of an Acceding State, with the consent of the Ruler” were 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, commas and figures “the Indian Army Act, 1911 or” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "14 The word “Pakistan” was omitted by Article 6 of the The Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "15 The words, commas and figures “the Indian Army Act, 1911 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 word “Pakistan” was omitted by Article 6 of the The Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "17 e words, commas and figures “the Indian Army Act, 1911 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 e word “Pakistan” was omitted by Article 6 of the The Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "19 The words, commas and figures “the Indian Army Act, 1911 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 word “Pakistan” was omitted by Article 6 of the The Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "21 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)", "22 The words and comma “Chief of Army Staff of Bangladesh Army,” were substituted for the words and commas “Commander-in-Chief, Pakistan Army,” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "23 The words, commas and figures “the Indian Army Act, 1911 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 word “Pakistan” was omitted by Article 6 of the The Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "25 The words and comma “Chief of Army Staff of Bangladesh Army,” were substituted for the words and commas “Commander-in-Chief, Pakistan Army” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The National Guard Act, 1950", "num_of_sections": 19, "published_date": "23rd October, 1950", "related_act": [ 388, 75, 430, 240, 248 ], "repelled": false, "sections": [ { "act_id": 240, "details": "1. (1) This Act may be called the National Guard Act, 1950. (2) It extends to the whole of Bangladesh and applies to all persons enrolled in the Bangladesh National Guard wherever they may be. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "240", "section_id": 1 }, { "act_id": 240, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“district” means a revenue district 2* * *; (b)\t“enrolled” means enrolled in the Bangladesh National Guard under this Act; (c)\t“non-commissioned officer” means a person holding a non-commissioned rank in the Bangladesh National Guard, and includes an acting non-commissioned officer; (d)\t“officer” means an officer of either of the two classes specified in section 5; and (e)\t“prescribed” means prescribed by rules made under this Act.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 240, "details": "3. There 3may be raised and maintained in the manner hereinafter provided a force to be designated the Bangladesh National Guard.", "name": "Constitution of the Bangladesh National Guard", "related_acts": "", "section_id": 3 }, { "act_id": 240, "details": "44. The Chief of Army Staff may, subject to the control of the Government, constitute for any district one or more units of the Bangladesh National Guard to be recruited from persons residing in such district and may disband or reconstitute any unit so constituted: Provided that where, in his opinion, it is not for any reason practicable to recruit a unit from the district for which it has been constituted, he may, by order in writing, authorise its recruitment from persons residing in any other district.", "name": "Constitution and disbandment of units", "related_acts": "", "section_id": 4 }, { "act_id": 240, "details": "5. (1) There shall be the following classes of officers in the Bangladesh National Guard, namely:- (i)\tSenior officers holding commissions in the Bangladesh National Guard granted by the President with designation of rank corresponding to those of officers of the Bangladesh Army, and (ii)\tjunior officers holding commissions in the Bangladesh National Guard granted by the President with designation of rank corresponding to those of junior commissioned officers of the Bangladesh Army. (2) An officer shall be deemed to be enrolled in the Bangladesh National Guard for so long as he holds a commission therein.", "name": "Personnel of the Bangladesh National Guard", "related_acts": "", "section_id": 5 }, { "act_id": 240, "details": "6. (1) 5Any citizen of Bangladesh may offer himself for enrolment in the Bangladesh National Guard and any such person who satisfies the prescribed conditions may be enrolled for the prescribed period and in the prescribed manner. 6(2) Any person residing in a district may apply to be enrolled for service in any unit constituted for that district. (3) Where, in pursuance of the proviso to section 4, the 7Chief of Army Staff of Bangladesh Army authorises the recruitment of a unit from persons belonging to a district other than that for which the unit was constituted, an applicant for enrolment may, notwithstanding anything contained in sub-section (2), apply to be enrolled in any unit so recruited.", "name": "Conditions of enrolment", "related_acts": "", "section_id": 6 }, { "act_id": 240, "details": "87. Every person enrolled and residing in a district shall, without unnecessary delay, be appointed to a unit constituted under section 4 for the district or, if he applied for enrolment for the district, in which he resides, to such other unit.", "name": "Appointment to a unit", "related_acts": "", "section_id": 7 }, { "act_id": 240, "details": "8. (1) Any person appointed to a unit constituted under section 4 may be transferred, whether on disbandment of the unit or, otherwise, to another unit of the Bangladesh National Guard in such manner as may be prescribed. 9* * * (2) Nothing in sub-section (1) shall be deemed to authorise the transfer without his own consent of any person enrolled any unit other than the unit to which he was appointed under section 7. (3) Any person enrolled may be attached at his own request to any unit of the Bangladesh National Guard.", "name": "Transfer and attachment", "related_acts": "", "section_id": 8 }, { "act_id": 240, "details": "9. (1) Any person enrolled who changes his place of residence and thereby leaves the 10* * * district, if the said unit is constituted for that district shall- (a)\tif he does not intend to return to 11that district inform the prescribed authority of his new place of residence; or (b) \tif, having intended to return, he does not return within a period of three months, inform the prescribed authority as aforesaid immediately on the expiry of that period. (2) The prescribed authority on being informed of a change of address under sub-section (1) may, subject to the provisions of section 8, transfer the aforesaid person from the unit in which he is serving to another unit.", "name": "Change of residence", "related_acts": "", "section_id": 9 }, { "act_id": 240, "details": "10. (1) Every person enrolled shall be entitled to receive his discharge from the Bangladesh National Guard on the expiration of the period for which he was enrolled and may, before the expiration of that period, be discharged from the force by such authority and subject to such conditions as may be prescribed: Provided that no person enrolled who is for the time being engaged in military service shall be entitled to receive his discharge before the termination of such service. (2) Every person enrolled shall on becoming entitled to his discharge be discharged with all convenient speed.", "name": "Discharge", "related_acts": "", "section_id": 10 }, { "act_id": 240, "details": "11. (1) Every person enrolled shall, subject to such conditions as may be prescribed, be bound to serve in any unit, of the Bangladesh National Guard to which he has been appointed or transferred or is for the time being attached, and shall be subject to all rules and regulations that may be made under this Act relating to such unit. (2) Every person enrolled shall be liable to perform military service- (a) \twhen called out with any portion of the Bangladesh National Guard by an order of the senior officer of the Bangladesh Army present, either to act in support of the civil power or to provide guards which, in the opinion of such officer, are essential; or (b) \twhen the unit to which he belongs has been embodied to support or supplement the Bangladesh Army in the event of an emergency by an order directing such embodiment issued by the Government. (3) No person enrolled shall be required to perform military service beyond the limits of Bangladesh save under a general or special order of the Government 12* * *.", "name": "Liability to serve and perform military service", "related_acts": "", "section_id": 11 }, { "act_id": 240, "details": "12. (1) Every officer of the Bangladesh National Guard when doing duty as such officer shall be subject to the provisions of 13* * * the 14* * * Army Act, 1952, and the rules and regulations made thereunder, in the same manner and to the same extent as if such officer held the same rank in the Bangladesh Army as he holds for the time being in the Bangladesh National Guard but subject to the terms of his commission and to any order of the President made in this behalf. (2) Every non-commissioned officer and man of the Bangladesh National Guard- (a) \twhen called out or embodied for military service under section 11, or (b) \twhen embodied for, or otherwise undergoing military training in the prescribed manner, shall be subject to 15* * * the 16* * * Army Act, 1952, and the rules and regulations made thereunder, and the said Act, rules and regulations shall apply to him, subject to any order of the President made in this behalf as if he held the same rank in the Bangladesh Army as he holds for the time being in the Bangladesh National Guard: Provided that the said Act, rules and regulations shall, in their application to such non commissioned officers and men when embodied for or otherwise undergoing military training, be modified to such extent and in such manner as may be prescribed. (3) When any offence punishable under 17* * * the 18* * * Army Act, 1952, has been committed by any person while subject to that Act under the provisions of this section such person may, notwithstanding that he may have ceased to be so subject, be taken into and kept in military custody and tried and punished for such offence as aforesaid in like manner as if he had not ceased to be so subject.", "name": "Application of the Indian Army Act, 1911", "related_acts": "248,248,248", "section_id": 12 }, { "act_id": 240, "details": "13. In addition to, or in substitution for, any punishment to which he may be liable under 19* * * the 20* * * Army Act, 1952, any person enrolled other than an officer may be punished by a court of competent criminal jurisdiction, or summarily by order of the prescribed authority, for any offence under that Act or for the contravention of any provision of this Act or of any rule made thereunder, with fine which may be extend to one hundred 21taka to be recovered in such manner and by such authority as may be prescribed: Provided that no fine shall be summarily inflicted by an order of the prescribed authority in any case in which the accused claims to be tried by a criminal court: Provided further, that no court inferior to that of a magistrate of the first class shall try any offence, made punishable by or under this Act.", "name": "Summary trial and punishment", "related_acts": "248", "section_id": 13 }, { "act_id": 240, "details": "14. When any person enrolled, other than an officer, is required by or in pursuance of any rule or order made under this Act to attend at any place, a certificate purporting to be signed by the prescribed officer stating that the person so required to attend has failed to attend in accordance with such requirement shall, without proof of the signature or appointment of such officer be evidence of the matter stated therein.", "name": "Presumption as to certain documents", "related_acts": "", "section_id": 14 }, { "act_id": 240, "details": "15. For the purposes of sections 128, 130 and 131 of the Code of Criminal Procedure, 1898, all officers, non-commissioned officers and men of the Bangladesh National Guard who have been appointed to a unit shall be deemed to be officers, non-commissioned officers and soldiers respectively of the Bangladesh Army.", "name": "Persons subject to the Act to be deemed part of the Bangladesh Army", "related_acts": "75", "section_id": 15 }, { "act_id": 240, "details": "16. No person shall be liable to pay any municipal or other tax in respect of any horse, bicycle, motor bicycle, motor car or other conveyance which he is required or authorised by a general or special order of the 22Chief of Army Staff of Bangladesh Army to maintain in his capacity as a person enrolled in or as a person otherwise connected with the Bangladesh National Guard.", "name": "Exemption from local taxation", "related_acts": "", "section_id": 16 }, { "act_id": 240, "details": "17. (1) The Government may by notification in the official Gazette make such rules as appear to it to be necessary for carrying into effect the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may- (a) \tprescribe the conditions subject to which, the period for which and the manner in which, persons may be enrolled under section 6; (b) \tprescribe the manner in which a person enrolled may be transferred under section 8; (c) \tprescribe the authorities by whom and the conditions subject to which persons enrolled may be discharged under section 10; (d) \tprescribe the authorities by which offences under this Act may be punished and the manner in which fine inflicted may be recovered; (e) \tprescribe the military training, compulsory or voluntary, for any person or class of persons enrolled and to provide for the embodiment of any unit for that purpose; (f)\tprescribe the extent to which and the manner in which the provisions of 23* * * the 24* * * Army Act, 1952, shall be modified in their application to non- commissioned officers and men of the Bangladesh National Guard when embodied for or otherwise undergoing military training; (g)\tprovide for and regulate the remuneration, allowances, gratuities or compensation (if any) to be paid to any person or class of persons enrolled or to their dependents; (h) \tprescribe the officers by whom certificates may be signed under section 14; (i) \tprovide for the medical examination of persons offering themselves for enrolment under section 5; and (j) \tprovide for any other matter which under this Act is to be or may be prescribed.", "name": "Power to make rules", "related_acts": "248", "section_id": 17 }, { "act_id": 240, "details": "18. (1) The 25Chief of Army Staff of Bangladesh Army, may make regulations not inconsistent with this Act and the rules made thereunder providing generally for all details connected with the organisation and personnel of the Bangladesh National Guard and for the duties, military training, clothing, equipment, allowance and leave of persons enrolled. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may specify the courses of training or instruction to be followed by any person or class of persons enrolled.", "name": "Power to make regulations", "related_acts": "", "section_id": 18 }, { "act_id": 240, "details": "19. Repeal.- Repealed by section 2 and 1st Schedule of the Repealing and Amending Ordinance, 1965, (Ordinance No. X of 1965).", "name": "Repealed", "related_acts": "", "section_id": 19 } ], "text": "An Act to provide for the constitution and discipline of a National Guard for Bangladesh. 1♣ WHEREAS it is necessary to provide for the constitution and discipline of a National Guard for Bangladesh; It is hereby enacted as follows:-" }

{ "id": 241, "lower_text": [ "1 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 Clause (9a) was inserted and the existing clause (9a) was renumbered as clause (9b) by section 3 of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XV of 1961)", "3 Clause (9b) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance III of 1956) was renumbered as clause (9b) by of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Bengal Ordinance No. XV of 1961)", "4 Clause (16a) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1960 (East Pakistan Ordinance No.XII of 1960)", "5 Clause (18a) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. XLIV of 1958)", "6 Section 2A was inserted by section 4 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. XLIV of 1958)", "7 Sub-section (2a) was inserted by section 4 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance No. III of 1956)", "8 Clause (dd) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. XXXIX of 1959)", "9 Clauses (ff) with the proviso was inserted by section 5 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. XLIV of 1958)", "10 The words, figures, brackets, commas, semi-colon within the square were substituted for the words, figures and colon “under Chapter IV:” by section 3 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. IV of 1959)", "11 The words brackets, comma and letters “clauses (e), (f) and (ff)” were substituted for the words brackets and letters “clauses (e) and (f)” by section 5(3) of the East Pakistan Ordinance XLIV of 1958", "12 The words and commas “may, without prejudice to may other mode of recovery,” were substituted for the word “shall” by section 4 of the East Bengal State Acquisition and Tenancy (Second Amendment) Act, 1952 (East Bengal Act No. VI of 1952)", "13 Sub-section (4a) was inserted by section 2 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1961 (East Pakistan Ordinance No. III of 1961)", "14 Section 3A was inserted by section 5 of the East Bengal State Acquisition and Tenancy (Second Amendment) Act, 1952 (East Bengal Act No. VI of 1952)", "15 Sub-section (4a) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XIV of 1961)", "16 Section 6A was inserted by section 9 of the East Bengal State Acquisition and Tenancy (Second Amendment) Act, 1952 (East Bengal Act No. VI of 1952)", "17 Section 10A was inserted by section 2 of the East Bengal State Acquisiton and Tenancy (Amendment) Ordinance, 1960 (East Pakistan Ordinance No. IX of 1960)", "18 Sub-section (2a) was substituted for the explanation by section 6 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1960 (East Pakistan Ordinance No. XII of 1960)", "19 Sub-section (4A) was inserted by section 4 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. XXXIX of 1959).", "20 Sub-section (4B) was added by section 2 of East Pakistan Ordinance No. I of 1971", "21 Section 25A was inserted by section 12 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. XLIV of 1958)", "22 Section 36A was inserted by section 3 of the East Pakistan Ordinance No. I of 1971", "23 Item (d) was substituted by section 7 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1960 (East Pakistan Ordinance XII of 1960)", "24 Sub-section (1a) was inserted by section 7 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1960 (East Pakistan Ordinance No. XII of 1960)", "25 Clause (6a) was inserted by section 5 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. XXXIX of 1959)", "26 Chapter VA was inserted by section 15 of the East Bengal State Acquisition and Tenancy (Second Amendment) Act, 1952 (East Bengal Act No. VI of 1952).", "27 Section 60A was added by section 14 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance No. III of 1956)", "28 The words “Assistant Judge” were substituted for the word “Munsif” by section 3 of the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987)", "29 The words “Assistant Judge” were substituted for the word “Munsif” by section 3 of the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987)", "30 Chapter IXA was substituted by section 20 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. XLIV of 1958).", "31 Sub-section (1a) was added by section 17 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance No. III of 1956)", "32 Sub-section (1b) was inserted by section 4 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. IV of 1959)", "33 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "34 Section 75B was added by section 18 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance No. III of 1956)", "35 Section 75A was inserted by section 13 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1954 (East Bengal Act No. XII of 1954)", "36 Section 76B was added by section 20 of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (East Bengal Ordinance No. III of 1956)", "37 Section 76A was inserted by section 14 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1954 (East Bengal Act No. XII of 1954)", "38 Section 77A was inserted by section 5 of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XV of 1961)", "39 Clause (g) was omitted by section 4 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1964 (East Pakistan Act VI of 1964)", "40 Section 81B was inserted by section 4 of the East Pakistan Ordinance No. I of 1971", "41 Section 81A was inserted by section 6 of the State Acquisition and Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. VIII of 1967)", "42 Clause (4), (5) and (6) were omitted by section 3 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1964 (East Pakistan Act No. XVII of 1964)", "43 Section 86 was substituted by section 2 of the State Acquisition and Tenancy (Amendment) Act, 1994 (Act No. XV of 1994)", "44 Section 87 was substituted by Article 2 of the State Acquisition and Tenancy (Amendment) Order, 1972 (President’s Order No. 72 of 1972)", "45 Section 87 was re-numbered as sub-section (1) of that section by Article 2 of the Bangladesh State Acquisition and Tenancy (Sixth Amendment) Order, 1972 (President’s Order No. 137 of 1972)", "46 Sub-sections (2) and (3) were added by Article 2 of the Bangladesh State Acquisition and Tenancy (Sixth Amendment) Order, 1972 (President’s Order No. 137 of 1972)", "47 The colon (:) was substituted for the full-stop (.) at the end of section 88 and thereafter the proviso was added by Article 3 of the State Acquisition and Tenancy (Amendment) Order, 1972 (President’s Order No. 72 of 1972)", "48 Sub-sections (4) and (5) were added by Article 2 of the State Acquisition and Tenancy (Second Amendment) Order, 1972 (President’s Order No. 88 of 1972)", "49 Sub-section (4) was substituted by Article 2 of the State Acquisition and Tenancy (Second Amendment) Order, 1973 (President’s Order No. 24 of 1973)", "50 The words and commas “or any Officer authorised in this behalf by the Government shall, on application made by the mortgagor, put the applicant in possession of such land by evicting the mortgagee therefrom and may, for such eviction, use or cause to be used such force as may be necessary” were inserted by Article 2 of the State Acquisition and Tenancy (Second Amendment) Order, 1973 (President’s Order No. 24 of 1973)", "51 Section 95A was inserted by Article 3 of the State Acquisition and Tenancy (Second Amendment) Order, 1972 (President’s Order No. 88 of 1972)", "52 The words and comma “either by way of an out and out sale with an agreement to reconvey,” were inserted by Article 2 of the State Acquisition and Tenancy (Fifth Amendment) Order, 1972 (President’s Order No. 136 of 1972)", "53 The word “or” was inserted by Article 3 of the State Acquisition and Tenancy (Second Amendment) Order, 1973 (President’s Order No. 24 of 1973)", "54 Section 96 was substituted by section 2 of the State Acquisition and Tenancy (Amendment) Act, 2006 (Act No. XXXIV of 2006)", "55 The word and comma “Banais,” was inserted by section 3 of the State Acquisition and Tenancy (Amendment) Act, 1974 (Act No. LXI of 1974)", "56 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "57 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "58 The words “Provisions as to assessment, enhancement and reduction of rent” were substituted for the words “Provisions as to enhancement and reduction of rent” by section 5 of the East Pakistan Ordinance No. I of 1971.", "59 Section 98A was inserted by section 6 of the East Pakistan Ordinance No. I of 1971", "60 Section 106A was inserted by section 16 of the State Acquisition and Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. VIII of 1967)", "61 The words “Board of Land Administration” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)", "62 Section 111A was inserted by section 18 of the State Acquisition and Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. VIII of 1967)", "63 Sub-section (1a) was inserted by section 21 of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XV of 1961)", "64 Sub-section (2a) was inserted by section 21 of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XV of 1961)", "65 The words “Board of Land Administration” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 (XLI of 1982)", "66 Section 134A was inserted by section 8 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1964 (East Pakistan Act No. XVII of 1964)", "67 Section 141A was inserted by section 20 of the State Acquisition and Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. VIII of 1967)", "68 Section 143B and 143C were added by section 3 of the State Acquisition and Tenancy (Amendment) Act, 2006 (Act No. XXXIX of 2006)", "69 Sections 144A and 144B were inserted by section 14 of the State Acquisition and Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. VIII of 1967)", "70 Sub-section (4A) was added by section 7 of East Pakistan Ordinance No. I of 1971", "71 The words, brackets, figure and letter “and the rents assessed or re-assessed under sub-section (4A)” were inserted by section 7 of the East Pakistan Ordinance No. I of 1971", "72 The words “Director of Land Records and Surveys” were substituted for the words “Board of Revenue” by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)", "73 Chapter XVIIA was inserted by section 2 of the State Acquisition and Tenancy (Amendment) Act, 2004 (Act No. IX of 2004).", "74 Section 145C was omitted by section 4 of the State Acquisition and Tenancy (Amendment) Act, 2023 (Act No XXIV of 2023).", "75 Section 145E was substituted by section 5 of the State Acquisition and Tenancy (Amendment) Act, 2023 (Act No XXIV of 2023).", "76 Sub-section (3) was substituted by section 3(a) of the State Acquisition and Tenancy (Amendment) Act, 2023 (Act No XXIV of 2023).", "77 Sub-sections (3A), (3B) and (3C) were inserted by section 3(b) of the State Acquisition and Tenancy (Amendment) Act, 2023 (Act No XXIV of 2023).", "78 Sub-sections (3A), (3B) and (3C) were inserted by section 2(a) of the State Acquisition and Tenancy (Amendment) Act, 2023 (Act No XXIV of 2023).", "79 Sub-section (7A) was inserted by section 2(b) of the State Acquisition and Tenancy (Amendment) Act, 2023 (Act No XXIV of 2023).", "80 Section 146 was substituted by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)", "81 The words “Board of Land Administration” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)", "82 Sub-sections (2) and (3) were substituted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "83 Clause (aa) was inserted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "84 Clause (b) was omitted by Article 3 and the schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)", "85 Clause (c) was substituted by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)", "86 The words “Board of Land Administration” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)", "87 The words “Commissioner of a division” were substituted for the words “Collector of a district” by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "88 Clauses (b) was substituted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "89 The words “Board of Land Administration” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)", "90 Clause (c) was omitted by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)", "91 Sub-section (1a) was inserted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "92 Sub-section (2) was omitted by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)", "93 Sub-section (3) was substituted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "94 The words “Board of Land Administration” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)", "95 Sub-section (4) was substituted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "96 The words “Board of Land Administration” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)", "97 Chapter XVIIIA was inserted by section 9 of the State Acquisition and Tenancy (Amendment) Ordinance, 1969 (East Pakistan Ordinance No. XXI of 1969).", "98 The words “Commissioner of the Division” were substituted for the word “Government” by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "99 Sub-sction (2a) was inserted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "100 The words “Board of Land Administration for the revision of such order and the order of that Board shall be final” were substituted for the words “Government for the revision of such order” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)", "101 Sub-section (3) was omitted by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973", "102 The words “Commissioner of the Division” were substituted for the word “Government” by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "103 Sub-section (6a) was inserted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "104 The words “Board of Land Administration” were substituted for the word ‘Government’ by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)", "105 Sub-section (7) was omitted by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)", "106 The words “Board of Land Administration” were substituted for the word ‘Government’ by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 ( XLI of 1982)", "107 The words “the Commissioner of the Division or” were inserted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "108 Chapter XVIIIB was added by Article 2 of the State Acquisition and Tenancy (Third Amendment) Order, 1972 (President’s Order No. 96 of 1972).", "109 The words, figures and comma “By the 31st day of January 1973” were substituted for the words, brackets, figures, and comma “Within ninety days from the date of commencement of the State Acquisition and Tenancy (Third Amendment) Order, 1972” by Article 2 of the State Acquisition and Tenancy (Seventh Amendment) Order, 1972 (President’s Order No. 157 of 1972)", "110 The colon (:) was substituted for the full-stop (.) and the proviso was added by Article 2 of the State Acquisition and Tenancy (Amendment) Order, 1973 (President’s Order No. 5 of 1973)", "111 Section 151J was substituted by Article 3 of the Bangladesh State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President’s Order No. 135 of 1972)", "112 The words “five years” were omitted by Article 3 of the State Acquisition and Tenancy (Seventh Amendment) Order, 1972 (President’s Order No. 157 of 1972)", "113 Clause (b) was omitted by Article 4 of the State Acquisition and Tenancy (Amendment) Order, 1972 (President’s Order No. 72 of 1972)", "114 Clause (p) was omitted by section 7 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1964 (East Pakistan Act No. XVII of 1964)" ], "name": "The State Acquisition and Tenancy Act, 1950 (East Bengal Act)", "num_of_sections": 207, "published_date": "16th May, 1951", "related_act": [ 1441, 98, 291, 388, 39, 48, 283, 181, 86, 182, 184, 183, 90, 88, 253 ], "repelled": false, "sections": [ { "act_id": 241, "details": "1. (1) This Act may be called the 1* * * State Acquisition and Tenancy Act, 1950. (2) It extends to the whole of Bangladesh.", "name": "Short title and extent", "related_acts": "", "section_id": 1 }, { "act_id": 241, "details": "2. In this Act, unless there is anything repugnant to the subject or context,- (1)\t“cesses” include local rates levied under the Assam Local Rates Regulation, 1879; (2)\t“charitable purpose” includes relief of the poor, education, medical relief and the advancement of any other object of general public utility; (3)\t“Collector” means the Collector of a district and includes a Deputy Commissioner and such other officers as may be appointed by the Government to perform all or any of the functions of a Collector under this Act; (4)\t“Commissioner” means the Commissioner of State Purchase appointed under sub-section (1) of section 48; (5)\t“company” has the same meaning as in the Companies Act, 1913; (6)\t“complete usufructuary mortgage” means a transfer by a tenant of the right of possession in any land for the purpose of securing the payment of money or the return of grain advanced or to be advanced by way of loan upon the condition that the loan, with all interests thereon, shall be deemed to be extinguished by the profits arising from the land during the period of the mortgage; (7)\t“consolidation”, used with respect to holdings means the re-distribution of all or any of the areas of land comprised in the holdings for the purpose of rendering separate holdings more compact by reducing the total number of separate plots; (8)\t“co-operative society” means a society registered or deemed to be registered under the Co-operative Societies Act, 1912, or the Bengal Co-operative Societies Act, 1940; (9)\t“cultivating raiyat” or “cultivating under-raiyat” means a raiyat or an under-raiyat, as the case may be, who holds land by cultivating it either by himself or by members of his family or by servants or by bargadars or by or with the aid of hired labourers or with the aid of partners; 2(9a) “derelict tea garden” means any parcel or group of parcels of land held under single management which was held, settled or leased for the purpose of cultivation or manufacture of tea, or which has contained or contains tea bushes, and which has been notified by the Government to be a derelict tea garden and includes all buildings on such land: Provided that in notifying a parcel or parcels of land as a derelict tea garden, the Government may have regard to- (i)\twhether such land is planted to the extent of less than 15 per cent of its area with tea of which no substantial proportion has been planted in the previous 5 years; and (ii)\tthe opinion of the Tea Board as to whether the area planted with tea more than 7 years previously has produced per acre in the last 3 years less than 25 per cent of the average production per acre of the whole area planted with tea in the Province for that period; 3(9b) “Director of Land Records and Surveys” includes Additional Director of Land Records and Surveys; (10)\t“encumbrance”, in relation to any estate, tenure, holding, tenancy or land, means any mortgage, charge, lien, sub-tenancy, easement or other right or interest created by the holder thereof on such estate, tenure, holding, tenancy or land or in limitation of his own interest therein; (11) \t“estate” means land included under one entry in any of the general registers of revenue-paying lands and revenue-free lands, prepared and maintained under the law for the time being in force by the Collector of a district, and includes Government khas mahals and revenue-free lands not entered in any register; and also includes the following in the district of Sylhet- (i)\tany land subject either immediately or prospectively to the payment of land-revenue for the discharge of which a separate engagement has been entered into; (ii)\tany land subject to the payment of, or assessed with, a separate amount as land-revenue although no engagement has been entered into with the Government for that amount; (iii)\tany land which is, for the time being, included under one entry in the Deputy Commissioner's register of revenue-free estates as well as revenue-free lands which are not so included in such register; (iv)\tany land, being the exclusive property of Government, of which a separate entry has been made in the general register of revenue-paying and revenue free estate mentioned in Chapter IV of the Assam Land and Revenue Regulation, 1886; (12)\t“hat” or “bazar” means any place where persons assemble daily or on particular days in a week primarily for the purposes of buying or selling agricultural or horticultural produce livestock, poultry, hides, skins, meat, fish, eggs, milk, milk products or any other articles of food or drink or other necessaries of life, and includes all shops of such articles or manufactured articles within such place; (13)\t“holding” means a parcel or parcels of land or an undivided share thereof, held by a raiyat or an under-raiyat and forming the subject of a separate tenancy; (14)\t“homestead” means a dwelling house with the land under it, together with any courtyard, garden, tank, place of worship and private burial or cremation ground attached and appertaining to such dwelling house, and includes any out-buildings used for the purpose of enjoying the dwelling house or for purpose connected with agriculture or horticulture and such lands within well defined limits, whether vacant or not, as are treated to be appertaining thereto; (15)\t“khas land” or “land in khas possession”, in relation to any person, includes any land let out together with any building standing thereon and necessary adjuncts thereto, otherwise than in perpetuity; (16)\t“land” means land which is cultivated, uncultivated or covered with water at any time of the year, and includes benefits to arise of land, houses or buildings and also things attached to the earth, or permanently fastened to anything attached to the earth; 4(16a) \tnotwithstanding anything contained in any other law for the time being in force or in any instrument or in any judgment or decree or order of any Court, the definition of “land” in clause (16) includes and shall be deemed always to have included all fisheries, several or territorial; (17)\t“non-agricultural tenant” means a tenant who holds land for purposes not connected with agriculture or horticulture, but does not include a person holding land together with any building standing thereon any necessary adjuncts thereto under a lease other than a lease in perpetuity; (18)\t“notification” means a notification published in the official Gazette ; 5(18a) “orchard” means a garden of fruit-trees grown by human efforts and includes coconut, betel nut and pineapple gardens; (19)\t“prescribed” means prescribed by rules made under this Act; (20)\t“proprietor” means a person owning, whether in trust or for his own benefit, an estate or a part of an estate; (21)\t“registered” means registered under any Act for the time being in force for the registration of documents; (22)\t“rent” means whatever is lawfully payable or deliverable in money or kind by a tenant to his landlord on account of the use or occupation of the land held by the tenant; (23) “rent-receiver” means a proprietor or a tenure holder, and includes a raiyat, an under-raiyat or a non-agricultural tenant whose land has been let out and also the immediate landlord of a person who holds any land free of rent in consideration of some service to be rendered, but does not include a person in respect of such of this lands, as has been let out, together with any building standing thereon and necessary adjuncts thereto, otherwise than in perpetuity; (24) “Revenue-officer” includes any officer whom the Government may appoint to discharge all or any of the functions of a Revenue-officer under this Act or any rules made thereunder; (25) “signed” includes “marked”, when the person making the mark is unable to write his name; it also includes “stamped” with the name of the person referred to; (26) “succession” includes both intestate and testamentary succession; (27) “tenant” means a person who holds land under another person and is, or but for a special contract would be, liable to pay rent for that land to that person: Provided that a person who, under the system generally known as “adhi”, “barga”, or “bhag”, cultivates the land of another person on condition of delivering a share of the produce to that person, is not a tenant, unless- (i)\tsuch person has been expressly admitted to be a tenant by his landlord in any document executed by him or executed in his favour and accepted by him, or (ii)\the has been or is held by a Civil Court to be a tenant; (28) “tenure” means the interest of a tenure-holder or an under-tenure holder; (29) “village” means the area defined, surveyed and recorded as a district and separate village in any survey made by, or under the authority of, the Government, and, where no such survey has been made, such area as the Collector may, with the sanction of the Board of Revenue, by general or special order, declare to constitute a village; (30) “year” or “agricultural year” means the Bengali year commencing on the first day of Baishakh; and (31) all words and expressions used in Parts I, II, III and IV of this Act, but not defined in this Act, and used in the Bengal Tenancy Act, 1885, or in the Sylhet Tenancy Act, 1936, have the same meanings as in those Acts in the respective areas to which those Acts apply.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 241, "details": "62A. The Government may, in public interest, exempt, by general or special order, the interests of any local authority in any land or class of lands from acquisition under the provision of this Act.", "name": "Exemption", "related_acts": "", "section_id": 3 }, { "act_id": 241, "details": "3. (1) At any time after the commencement of this Act, it shall be lawful for the Government to acquire, by notification in the official Gazette, with effect from such date as may be specified in the notification (hereinafter referred to as the notified date),- (i) \tall interests of such of the rent-receivers as may be specified in the notification, in their respective estates, taluks, tenures, holdings or tenancies, as the case may be, in any district, part of a district or local area, and  (ii)\tall interests of all rent-receivers whose properties are, for the time being, under the management of the Court of Wards under the Court of Wards Act, 1879, in their respective estates, taluks, tenures, holdings or tenancies, as the case may be, including all their interests in all sub-soil and rights to minerals in such estates, taluks, tenures, holdings or tenancies. (2) Subject to the provisions of sub-sections (2), (3), (4), (5) and (6) of section 20, the Government may also, simultaneously with or at any time after the publication of a notification under sub-section (1) in respect of the interests of any rent-receiver in any estate, taluk, tenure, holding or tenancy, acquire, by notification in the official Gazette , with effect from such date as may be specified in the notification (hereinafter referred to as the notified date), all or any of the lands in his khas possession of which he shall not be entitled to retain possession under the said section and so much of the lands in his khas possession as has been acquired under this sub-section and has not vested in the Government under clause (a) of sub-section (4), shall vest absolutely in the Government free from all encumbrances. 7(2a) In a notification issued under this section, rent-receivers may be specified or described by name, or by reference to areas wherein they have interests, or in such other manner as the Government may determine. (3) The notification referred to in sub-section (1) or sub-section (2) shall be in such form and shall contain such particulars as may be prescribed. (4) On and from the date specified in a notification under sub-section (1),- (a)\tall interests of the rent-receivers in the estates, taluks, tenures, holdings or tenancies specified in the notification, including their interests in all lands in their khas possession, and interests in all sub-soil and rights to minerals, in such estates, taluks, tenures, holdings or tenancies and also including the interests of any such rent-receiver in any building or part of a building standing on any such land and used primarily as office or cutchery for the collection of rent of any estate, taluk, tenure, holding or tenancy, shall vest absolutely in the Government free from all encumbrances: Provided that nothing in this clause shall apply to any building within the homestead of the rent-receiver concerned; (b)\tall arrears of revenue or rent and all cesses, together with interest, if any, payable thereon, remaining lawfully due to the Collector on the notified date in respect of any interest acquired under sub-section (1) shall, after the said date, continue to be recoverable from the person by whom they were payable and shall, without prejudice to any other mode of recovery, be recoverable by the deduction of the amount of such arrears, cesses and interest from the compensation money payable to such person under section 58, when so ordered by the Collector; (c)\tall arrears of rent and all cesses, together with interest if any, due thereon, in respect of any period previous to the notified date payable to a rent-receiver in respect of any interest acquired under sub-section (1) which have not been barred by limitation shall, on and from the said date, vest in, and be recoverable by, the Government and shall, without prejudice to any other mode of recovery, be recoverable, from the persons by whom they were payable, by the deduction of the amount of such arrears, cesses and interest from the compensation money, if any, payable to such persons under section 58, when so ordered by the Collector; (d)\tall amounts recoverable by the Government from a rent-receiver under the Bengal Embankment Act, 1882, or the East Bengal Embankment and Drainage Act, 1952 which remain outstanding on the notified date, whether on account of arrear dues or dues under future instalments under the said Acts, in respect of any interest acquired under sub-section (1), shall, without prejudice to any other mode of recovery, be recoverable by the deduction of the amounts of such arrear and future instalments from the compensation money payable to such rent-receiver under section 58 in respect of such interest, when so ordered by the Collector; 8(dd) all arrears of agricultural income-tax recoverable by the Government from a rent-receiver under the Bengal Agricultural Income-tax Act, 1944, which remain outstanding on the notified date, in respect of any interest acquired under sub-section (1), shall, without prejudice to any other mode of recovery, be recoverable by the deduction of the amounts of such arrears from the compensation money payable to such rent-receiver under section 58 in respect of such interest, when so ordered by the Collector; (e)\tall tenants holding lands in such estates, taluks, tenures, holdings or tenancies directly under the rent-receiver specified in the notification under sub-section (1), shall become tenants directly under the Government and shall pay rent at the existing rate, in respect of the rent-paying lands so held by them, to the Government and not to anybody else: Provided that in cases where no notification was issued under sub-section (2) of section 43 before the commencement of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1957, declaring that the Compensation Assessment-roll in respect of the interest of any such rent-receiver in any such estate, taluk, tenure, holding or tenancy had been finally published, all tenants holding lands in such estate, taluk, tenure, holding or tenancy directly under such rent-receiver shall, as tenants under the Government, be liable to pay rents in respect of the lands so held by them, except rent-free lands, at the rates determined in the record-of-rights finally published under sub-section (3) of section 19 subject to modification under section 53; (f)\tall such rent-receivers shall be entitled to hold as tenants directly under the Government such of their khas lands as has not been acquired under sub-section (2) and shall be liable to pay to the Government, the rent determined for such lands under section 5; 9(ff) pending the final publication of the record-of-rights under sub-section (3) of section 19 or determination of rents under section 5, as the case may be, the tenants referred to in the proviso to clause (e) and in clause (f) shall pay rents to the Government at the rates shown in the preliminary rent-rolls prepared under the rules made 10under Chapter IV in the district other than the district of Sylhet; and, in the district of Sylhet, the tenants referred to in the proviso to clause (e) shall pay rents to the Government at the rates shown in the provisional rent-rolls, prepared on the basis of draft record-of-rights attested under the provisions of the Sylhet Tenancy Act, 1936, the Assam Land and Revenue Regulation, 1886, or the East Bengal State Acquisition and Tenancy Act, 1950, as the case may be, and the tenants referred to in clause (f) shall pay rent to the Government at the rates determined under section 5 and the rules made thereunder: Provided that when any such rent is shown either at an enhanced or at a reduced rate in the record-of-rights finally published under sub-section (3) of section 19, or determined either at an enhanced or at a reduced rate under section 5, as the case may be, or when any such rent is enhanced or reduced under section 53, the tenant shall be liable to pay the balance or entitled to the adjustment of excess payment against future rent payable by him, as the case may be, with retrospective effect from the notified date; (g)\tan arrear of rent payable under 11clauses (e), (f) and (ff) 12may, without prejudice to any other mode of recovery, be recoverable under the Bengal Public Demands Recovery Act, 1913;  (h)\ta transferable tenure coming in whole directly under the Government under clause (e) shall be deemed to be a tenure as defined in section 1 of the Bengal Land Revenue Sales Act, 1868. 13(4a) Notwithstanding anything contained in any other law for the time being in force, in computing the period of limitation for the recovery of any arrear of rent-payable under clauses (e), (f) and (ff) of sub-section (4) in the district of Sylhet, a period of twenty-four months on and from the date of acquisition under this Act of the rent-receiving interests to which such arrears relate shall be excluded. (5) The outgoing rent-receivers, whose interests have been acquired under this section, shall be entitled to compensation as provided in this Act.", "name": "Acquisition of the interest of certain rent-receivers and consequences thereof", "related_acts": "39,253", "section_id": 4 }, { "act_id": 241, "details": "143A. For the purpose of acquisition, under section 3, of the interest of any rent-receiver in any estate, taluk, tenure, holding or tenancy or of the lands in his khas possession the Revenue-officer may, at any time before the publication of a notification under sub-section (1) or sub-section (2) of that section in respect of such interest or lands, cause a notice to be served on such rent-receiver in the prescribed manner, directing him to furnish, within such time, not being less than sixty days from the date of service of the notice, as may be specified therein, a return in the prescribed form showing all or any of the following particulars, as may be required by such notice:- (i)\tthe total area and description of all estates, taluks, tenures, holdings and tenancies held by him and the annual revenue or rent and cesses payable by him in respect thereof to the Government or to his immediate superior landlord, as the case may be; (ii)\tthe names of the villages, thanas and districts in which the lands of the estates, taluks, tenures, holdings and tenancies are situated, together with a list of collection papers relating thereto, for a period not exceeding five years immediately preceding;  (iii)\tthe area, description and classification of all lands in his khas possession with the names of villages and thanas in which they are situated; (iv)\tthe names of all co-sharers having joint collection with him, with their respective shares in such estates, taluks, tenures, holdings and tenancies; and (v)\tsuch other information as the Revenue-officer may deem necessary.", "name": "Service of notice for furnishing return before notification", "related_acts": "", "section_id": 5 }, { "act_id": 241, "details": "4. (1) As soon as may be after the publication of a notification under sub-section (1) of section 3, the Revenue-officer may cause a notice to be served in the prescribed manner on every rent-receiver specified in such notification other than a rent-receiver whose properties are under the management of the Court of Wards under the Court of Wards Act, 1879, directing him to furnish,- (a)\ta return in the prescribed form showing- (i)\tthe total area and description of the estate, taluk, tenure, holding or tenancy in respect of which his interests are acquired by the said notification and the annual revenue or rent and cesses payable by him in respect thereof to the Government or to his immediate superior landlord, as the case may be, (ii) \tthe names of the villages with thanas and districts in which the lands of the estate, taluk, tenure, holding or tenancy are situated and the total annual demand of rent and cesses of each village with a list of collection papers in support of the demand, (iii)\tthe area and description of the lands in his khas possession, and (iv)\tthe names of all co-sharers having joint collection with him, with their respective shares in such estate, taluk, tenure, holding or tenancy, and (b)\tsuch other information, papers or documents as the Revenue-Officer may deem necessary, and to hand over all papers of his sherista relating to the estate, taluk, tenure, holding or tenancy, to such officer and within such time, not being less than sixty days from the date of service of the notice, as may be specified in such notice: Provided that it shall not be necessary for a rent-receiver to furnish such of the particulars as, in the opinion of the Revenue-officer, have already been correctly furnished by him pursuant to a notice under section 3A. (2) The officer taking delivery of the papers mentioned in sub-section (1) shall grant a receipt for the papers handed over to him. (3) All co-sharers having joint collection shall be jointly and severally liable to comply with the directions given in a notice under sub-section (1) of this section or section 3A so far as they relate to any estate, taluk, tenure, holding or tenancy held by them jointly. (4) If any person, on whom a notice has been served under sub-section (1) of this section or section 3A, wilfully fails to comply with all or any of the directions contained in such notice within the time specified therein or within such further time as the Revenue-officer may allow in his discretion, or wilfully furnishes any incorrect information or suppresses any information, paper or document, in respect of any estate, taluk, tenure, holding or tenancy,- (a)\the shall be liable to a fine, to be imposed by the Revenue-officer after giving the defaulting person an opportunity of being heard, which may,- (i)\tin the case of a revenue-paying estate or a rent-paying taluk, tenure, holding or tenancy, extend to five times the annual revenue of the estate or the annual rent of the taluk, tenure, holding or tenancy, as the case may be, and (ii)\tin the case of a revenue-free estate or a rent-free taluk, tenure, holding or tenancy, extend to such amount not exceeding two thousand five hundred rupees as the Revenue-officer may fix in his discretion; and (b)\tin addition, he may be deprived of the benefit of the ad interim payment as provided in section 6 if so ordered by the Revenue-officer.  (5) (i) If any rent-receiver, on whom a notice has been served under sub-section (1) fails to hand over the papers of his sherista relating to any estate, taluk, tenure, holding or tenancy in accordance with the direction contained in such notice within the time specified therein or within such further time as the Revenue-officer may allow in his discretion, the Revenue-officer or any other person authorised by him, may, with such assistance, if any, as he thinks necessary, enter upon any land or building, where the Revenue-officer has reason to believe that such papers may be found, and seize and take possession of such papers as he may consider essential for the management of such estate, taluk, tenure, holding or tenancy: Provided that the Revenue-officer or such other person shall not enter upon any enclosed courtyard or garden attached to a building except with the consent of the inmate or occupier thereof or if such consent is refused, except after giving such inmate or occupier at least two hours' notice in writing of his intention to do so: Provided further that an inventory of the papers taken possession of by the Revenue-officer or such other person under this sub-section shall be furnished to the rent-receiver concerned by the Revenue-officer. (ii)\tThe provisions of this sub-section shall apply without prejudice to the provisions of sub-section (4). (6) Any rent-receiver, who has handed over the papers of his sherista relating to any estate, taluk, tenure, holding or tenancy to an officer of the Government under sub-section (1), or any person interested in such an estate, taluk, tenure, holding or tenancy, shall be entitled to inspect such papers in the prescribed manner and to get copies of any such paper on payment of the prescribed fees.", "name": "Service of notice to furnish returns, etc. and penalty for non-compliance", "related_acts": "39", "section_id": 6 }, { "act_id": 241, "details": "5. As soon as may be after the publication of a notification under sub-section (1) of section 3, the Revenue-officer shall determine, according to the principles laid down in sections 23, 24, 25, 25A, 26, 27 and 28, the rent of every parcel of lands in the khas possession of all rent-receivers specified in such notification and comprised in the estates, taluks, tenures, holdings or tenancies to which such notification relates.", "name": "Determination of rent khas lands of rent-receivers", "related_acts": "", "section_id": 7 }, { "act_id": 241, "details": "6. (1) A rent-receiver, whose interests in any estate, taluk, tenure, holding or tenancy are acquired under sub-section (1) of section 3, shall, with effect from the notified date, be entitled to receive annually in cash in respect of such interests, at such time and in such manner as may be prescribed, an ad interim payment at the rate of one-third of the net income on account of the demands of rent and cesses for any period after the notified date collected from such estate, taluk, tenure, holding or tenancy, as the case may be, in respect of such interests in the year to which such a payment relates. (2) A rent-receiver, whose khas land is acquired under sub-section (2) of section 3, shall, with effect from the notified date, be entitled to receive annually in cash in respect of such land, at such time and in such manner as may be prescribed, an ad interim payment at the rate of five per centum of the amount of compensation payable for such land under sub-section (1) of section 39 and the provisions of sub-sections (2), (3) and (4) of that section shall apply mutatis mutandis in the matter of determination of such amount. (3) For the purposes of sub-section (1) the net income from any estate, taluk, tenure, holding or tenancy for any year shall be computed by deducting from the gross collections, made by the Government in such year from such estate, taluk, tenure, holding or tenancy on account of the demands of rents and cesses for any period after the notified date due to the interests acquired under sub-section (1) of section 3, the following:- (i)\tan amount equivalent to the sums which were or are determined to have been payable annually for such interests immediately before the notified date on account of revenue or rent and cesses to the Government or to the immediate superior landlord, as the case may be; (ii)\tan amount equivalent to the amount of the taxes on such collections that would have been assessable, at the average rates under the Bengal Agricultural Income-tax Act, 1944 or the Income-tax Act, 1922 had not the provisions of section 3 been applied; (iii)\tthe expenditure, if any, incurred for the maintenance of any irrigation or protective works in such estate, taluk, tenure, holding or tenancy if the outgoing rent-receiver was legally bound to maintain them; and (iv)\tcollection charges not exceeding twenty per centum of the gross collections. Explanation.- In this sub-section, “average rates” means the average rates of taxes at which assessment was made for the last time, before the notified date, under the provisions of the Bengal Agricultural Income-tax Act, 1944, or the Income-tax Act, 1922. (4) In determining the amounts of deductions under sub-section (3), the Revenue-officer shall be guided by such rules as may be made in this behalf by the Government. 15(4a) Notwithstanding anything contained in sub-sections (1), (3) and (4), the Government may pay to any such rent-receiver in cash, at such time and in such manner as may be prescribed, a sum, in lieu of ad interim payment, provided for in sub-section (1), calculated at the rate of one-sixth of the net income of such interest determined under section 35 or section 36 as the case may be, in the Compensation Assessment-roll finally published under section 42, subject to modification if any under section 54, for each year of which ad interim payment is due to him under sub-section (1) but not paid under that sub-section. (5) Nothing in this section shall apply to any estate, taluk, tenure, holding, tenancy or land held under wakf, wakf-al-al-aulad, debutter or any other trust.", "name": "payment", "related_acts": "", "section_id": 8 }, { "act_id": 241, "details": "166A. (1) A rent-receiver, whose interest in any estate, taluk, tenure, holding or tenancy held under wakf, wakf-al-al-aulad, debutter or any other trust, are acquired under sub-section (1) of section 3, shall, with effect from the notified date, be entitled to receive annually in cash in respect of such interest at such time and in such manner as may be prescribed, an ad interim payment, as follows :- (i)\tan annuity equivalent to so much of the net income of the estate, taluk, tenure, holding or tenancy as has been dedicated and applied exclusively to charitable or religious purposes without any reservation of pecuniary benefit for any individual; (ii)\tfor the portion of the net income, if any, of the estate, taluk, tenure, holding or tenancy, remaining after deduction of the annuity under clause (i), a sum calculated at the rate of three per centum of the amount of compensation payable of such portion of the net income under sub-section (1) of section 37. (2) The amount of annuity referred to in clause (i) of sub-section (1) shall be determined in the same manner as is prescribed for the assessment of perpetual annuity under sub-section (3) of section 37 and the provisions of sub-section (4) of section 58 and sub-section (4) of section 59 shall apply in the matter of payment of such amount. (3) For the purpose of clause (ii) of sub-section (1), the net income shall be determined in the manner provided in sub-sections (3) and (4) of section 6. (4) A rent-receiver, whose khas land, held under wakf, wakf-al-al-aulad, debutter or any other trust, is acquired under sub-section (2) of section 3, shall, with effect from the notified date, be entitled to receive annually in cash in respect of such land, at such time and in such manner as may be prescribed, an ad interim payment as follows:- (i)\tan annuity equivalent to so much of the net income of the land as has been dedicated and applied exclusively to charitable or religious purposes without any reservation of pecuniary benefit for any individual; and (ii)\tfor the remaining net income, if any, of the land, at the rate of three per centum of the amount of compensation payable for such land under sub-section (1) of section 39, and the provisions of sub-sections (2), (3) and (4) of that section shall apply mutatis mutandis in the matter of determination of such amount. (5) The amount of annuity referred to in clause (i) of sub-section (4) shall be determined in the same manner as is prescribed for the determination of perpetual annuity under sub-section (1a) of section 39 and the provisions of sub-section (4) of section 58 and sub-section (4) of section 59 shall apply in the matter of payment of such amount.", "name": "payment of respect of trust properties", "related_acts": "", "section_id": 9 }, { "act_id": 241, "details": "7. Any person aggrieved by an order of the Revenue-officer under sub-section (4) of section 4 or section 5 or by an order of the Revenue-officer determining the amount of any ad interim payment under section 6 or section 6A may, within a prescribed period and in the prescribed manner present an appeal in writing to a prescribed superior Revenue Authority; and the decision of such Authority and also, subject only to such decision, an order of the Revenue-officer passed under the said section and sub-sections shall be final.", "name": "Appeal", "related_acts": "", "section_id": 10 }, { "act_id": 241, "details": "8. The fine imposed under this Chapter shall be paid, by the person fined, in the prescribed manner within sixty days from the date of the order of the Revenue-officer imposing the fine or, when an appeal is presented against such order under section 7 within sixty days from the date of the disposal of such appeal; and in default of such payment the amount of such fine shall be recoverable as a public demand under the Bengal Public Demands Recovery Act, 1913.", "name": "Payment and recovery of fines imposed under this Chapter", "related_acts": "", "section_id": 11 }, { "act_id": 241, "details": "Sections 9, 9A, 9B, 9C and 9D were omitted by section 3 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1964 (East Pakistan Act No. XVII of 1964).", "name": "Omitted.", "related_acts": "", "section_id": 12 }, { "act_id": 241, "details": "10. Notwithstanding anything contained in the Code of Civil Procedure, 1908, and the Bengal Public Demands Recovery Act, 1913, any amount payable to an outgoing rent-receiver under sub-section (1) or (2) of section 6 or sub-section (1) or of section 6A shall not be liable to attachment in execution of any decree or order of a Civil Court or of a certificate signed under the Bengal Public Demands Recovery Act, 1913, other than a decree or certificate for the recovery of arrears of revenue, rent or cesses due in respect of the estate, taluk, tenure, holding, tenancy or land to which such payment relates.", "name": "Exemption of ad interim payments from attachments", "related_acts": "86", "section_id": 13 }, { "act_id": 241, "details": "1710A. (1) Notwithstanding anything contained in clauses (e) and (ff) of sub-section (4) of section 3 or in section 6A, the provisions of this section shall apply to the cases where the interest of a rent-receiver held under any wakf, wakf-al-al aulad, debutter or other religious trust have been acquired under sub-section (1) or sub-section (2) of section 3, but the Government have not exercised the right of possession over such interest till the date of commencement of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1960, by starting collection of rent and cesses from the tenants holding lands immediately under such interests, or by any other means. (2) On and from the date of acquisition of such interests, the Mutwalli, Shebait or trustee as the case may be, holding such interest immediately before such date shall continue, and be deemed to have continued, to manage such interests as the agent of the Government till the last day of the agricultural year in which the publication of the notification under sub-section (2) of section 43, declaring that a Compensation Assessment-roll in respect of such interests has been finally published, is made, or till the time the Government exercise the right of possession over such interests whichever is later. (3) Such Mutwalli, Shebait or trustee shall, as the agent of the Government, be entitled to collect, at the rates provided in, and subject to the provisions of, sub-section (4), all rents and cesses payable by the tenants to the Government in respect of such interests, and to collect the usufract of such interest in khas land, for the period from the date of acquisition of such interests till the last day of the agricultural year or till the exercise of the right of possession, as referred to in sub-section (2), whichever is later and to retain the proceeds of such collection or other income in lieu of ad interim payments under section 6A in respect of such interests and his remuneration, subject to payment to the Government annually, in the prescribed manner, of a sum equivalent to the total of the following amounts, namely:- (a)\tthe amounts which were, or are determined by the Collector to have been, payable annually for such interests immediately before acquisition on account of revenue or rent and cesses to the Government or to the immediate superior landlord, as the case may be, and (b)\tthe amount that would have been assessable as tax under the Bengal Agricultural Income-tax Act, 1944, in respect of the income from such interests, had not the interests been acquired: Provided that- (i)\tno such Mutwalli, Shebait or trustee shall be entitled to transfer, or to create any encumbrance or charge on, any such interest in any khas land in any manner otherwise than by a temporary lease, but no such temporary lease shall be given for a period exceeding one year at a time expiring on the last day of the agricultural year in which it is created, nor shall any tree be cut down or building demolished, except with the previous permission of the Collector and on such terms as the Collector may prescribe in that behalf; and any transfer or any encumbrance or charge created or any lease given in contravention of the provision thereof shall be null and void and the full value of any tree cut down or building demolished in such contravention shall be recoverable from the Mutwalli, Shebait or trustee as an arrear of rent or land revenue; (ii)\twith effect from the 1st Baisakh, 1367 B. S., the amount payable under clause (a) shall be reduced by an amount equivalent to the amount which was, or is determined by the Collector to have been, payable annually by the tenants, directly under such Mutwalli, Shebait or trustee, in respect of such interests immediately before acquisition on account of the road and public works cesses under the Bengal Cess Act, 1880, or on account of the local rates under the Assam Local Rates Regulation, 1879, as the case may be; and (iii)\tin the cases where any such Mutwalli, Shebait or trustee was entitled to receive, in respect of any interest referred to in sub-section (1), immediately before at the acquisition of such interest, any rent or cesses on account of any tenure, holding or tenancy either from the Government or from another rent receiver whose interests in such tenure, holding or tenancy have been acquired and taken possession of by the Government under the provisions of this Act, such Mutwalli, Shebait or trustee shall be entitled to the adjustment, against his annual liability to the Government under this section, of a sum equivalent to the amount that was, or is determined by the Collector to have been, payable to him annually on account of rent and cesses in respect of such tenure, holding or tenancy immediately before such acquisition, but no such adjustment shall be admissible with effect from the 1st Baisakh, 1367 B.S., on account of the road and public works cesses under the Bengal Cess Act, 1880, or on account of the local rates under the Assam Local Rates Regulation, 1879; and if the total amount available annually for such adjustment exceeds the amount of his total annual liability under this section, he shall be entitled to get the balance from the Government, after deduction, at the discretion of the Government, of any other sum due from him to the Government under any law or contract. Explanation.- For the purposes of clause (b), the amount may be calculated at the average rate of tax at which the assessment was made for the last time, before the date of acquisition, under the provisions of the Bengal Agricultural Income-tax Act, 1944. (4) The tenants referred to in sub-section (3) shall, in respect of the lands held by them subject to the payment of rents immediately before acquisition, be liable to pay rents in respect of such lands at the rates determined in the record-of-rights finally published under sub-section (3) of section 19, subject to modification under section 53: Provided that pending such final publication of the record-of-rights, the tenants shall pay rents for such lands at the rates shown in the preliminary rent-rolls prepared under the rules made under Chapter IV and in cases where such preliminary rent-rolls also have not been prepared, the tenants shall pay rents at the rate existing immediately before acquisition till such preliminary rent-rolls are prepared: Provided further that when any such rent is shown either at an enhanced or at reduced rate in the record-of-rights finally published under sub-section (3) of section 19 or when any such rent is enhanced or reduced under section 53, the tenant shall be liable to pay the balance or entitled to the adjustment of excess payment against future rent payable by him, as the case may be, with retrospective effect. (5) The arrears of rent and cesses realisable by a Mutwalli, Shebait or trustee from a tenant under the provision of this section shall be recoverable as a public demand and the Mutwalli, shebait or trustee may apply to the Certificate Officer in the prescribed manner for the recovery of any such arrears under the provisions of the Bengal Public Demands Recovery Act, 1913. (6) The Mutwalli, Shebait or trustee shall pay to the Government any amount on account of excess payment of rent made by a tenant under sub-section (4) remaining outstanding after adjustment under that sub-section against the rent subsequently payable by him during the period of management by such Mutwalli, Shebait or trustee. (7) All sums payable by a Mutwalli, Shebait or trustee to the Government under sub-section (3) or sub-section (6) shall be recoverable as a public demand. (8) The arrears of rent and cesses recovered by the Certificate Officer under sub-section (5) shall be paid to the Mutwalli, Shebait or trustee concerned after deducting therefrom all sums due from him to the Government under sub-section (3) and sub-section (6). (9) Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, in computing the period of limitation for the recovery of any arrears of rent and cesses payable by a tenant under sub-section (4), a period of twenty-four months on and from the date of the acquisition of the rent-receiving interest to which such arrears relate shall be excluded. (10) Every such Mutwalli, Shebait or trustee shall furnish to the Collector, in such form and at such time as may be prescribed, a statement of accounts of collection of rent and cesses made by him under this section during the preceding year and of expenditure incurred by him out of such collection. (11) No Court shall entertain any suit or application by any person claiming the benefits of this section in respect of any property or for a declaration that he is entitled to any such benefit, unless such person has applied to the Collector and the Collector has passed a final order declaring that he is not entitled to such benefits: Provided that, if no such final order is passed by the Collector within a period of 3 months from the date of such application, the Mutwalli, Shebait or trustee, shall be entitled to bring a suit in the Civil Court after the expiry of the said period.", "name": "Special provisions regarding certain rent receiving interests held under or other religious trust", "related_acts": "", "section_id": 14 }, { "act_id": 241, "details": "11. (1) Notwithstanding anything contained in any other law for the time being in force or in any contract, any person who holds under another person any land, for agricultural or horticultural purposes or for the purposes of his homestead, free of rent in consideration of some service to be rendered under the system locally known as Nankar, Chakran or the like shall, on and from the date of commencement of this Act, acquire a right of occupancy in all such lands so held by him subject to the payment of a fair and equitable rent to the person under whom he holds such lands and the provisions of the Bengal Tenancy Act, 1885, or the Sylhet Tenancy Act, 1936, as the case may be, so far as they apply to occupancy raiyats, shall apply to him. (2) The fair and equitable rent, referred to in sub-section (1), shall mean such rent not exceeding the prevailing rate of rent paid by the occupancy raiyats for lands of a similar description and with similar advantages in the same village or in the neighbouring villages as may be agreed upon between such tenant and his landlord or, in the absence of such agreement, as may be determined by the Collector on the application of such tenant or the landlord.", "name": "Acquisition of occupancy rights", "related_acts": "", "section_id": 15 }, { "act_id": 241, "details": "12. (1) Notwithstanding anything contained in section 11, where such tenant has his homestead within the homestead of his landlord, either he or the landlord may, within six months from the date of commencement of this Act, apply to the Civil Court having jurisdiction to entertain a suit for the possession of such land, for an order directing the removal of the homestead of such tenant. (2) When an application is made under sub-section (1), the Court, after giving the parties an opportunity of being heard and after taking such evidence and making such enquiries as it thinks fit, if satisfied that the homestead of the tenant is situated within the homestead of the landlord, shall make the order applied for: Provided that the Court, if it finds that the total quantity of cultivable land held by such tenant as an occupancy raiyat, whether by virtue of section 11 or otherwise, besides the homestead to which the application relates, is less than five standard bighas, shall assess such reasonable compensation to be paid to such tenant by the landlord as would, in the opinion of the Court, cover the cost of removal of the homestead of the tenant to a new site, the cost of reconstruction of a similar homestead, the cost of the land required for such construction and such other incidental expenses as the Court thinks fit; and it shall not make an order for such removal until the landlord deposits in the Court the amount of compensation so assessed for payment to the tenant, or the tenant admits before the Court in writing that he has received the amount from the landlord out of Court. (3) An order under sub-section (2) shall be deemed to be a decree for ejectment against such tenant; and no appeal shall lie against such order.", "name": "Removal of the homestead of a tenant in certain cases", "related_acts": "", "section_id": 16 }, { "act_id": 241, "details": "13. (1) If a person has been ejected after the 7th day of April, 1948, otherwise than by a decree or order of a Civil Court or an order of the Collector or of any Revenue-officer empowered by the Collector, from any agricultural or horticultural land held by him free of rent in consideration of some service to be rendered under any system referred to in sub-section (1) of section 11, such person may, within six months from the date of commencement of this Act, apply to the Collector for the restoration of such land to him. (2) When an application has been made under sub-section (1), the Collector, after giving the parties an opportunity of being heard and taking such evidence and making such enquiries as he thinks fit, if satisfied that the applicant was so ejected after the said date from such land so held by him shall pass an order restoring such land to the applicant with effect from such date not being later than the first day of the agricultural year next following the date of the order as the Collector thinks fit. (3) If the person in possession of such land does not give up its possession to the applicant with effect from such date, the Collector shall, on the application of such applicant, eject such person and place such applicant in possession of such land: Provided if such person be a person other than the landlord, he shall get reasonable compensation, as determined by the Collector, from the landlord. (4) When any agricultural or horticultural land is restored to a person under this section, the provisions of section 11 shall apply to such land.", "name": "Restoration of agricultural land in certain cases", "related_acts": "", "section_id": 17 }, { "act_id": 241, "details": "14. Any person who is aggrieved by an order of the Collector under sub-section (2) of section 11 or under sub-section (2) of section 13, may prefer an appeal to the District Judge having jurisdiction over the area within thirty days from the date of such order; and the decision of the District Judge having jurisdiction over the area, on such appeal, shall be final.", "name": "Appeal", "related_acts": "", "section_id": 18 }, { "act_id": 241, "details": "15. An application under sub-section (2) of section 11, sub-section (1) of section 12 or sub-section (1) of section 13 shall be in such form and contain such particulars as may be prescribed, and shall be accompanied by process fee of the prescribed amount.", "name": "Miscellaneous", "related_acts": "", "section_id": 19 }, { "act_id": 241, "details": "16. Nothing in this Chapter shall apply to any land held within the boundaries of a tea estate or any other industrial organisation.", "name": "Saving as to certain lands", "related_acts": "", "section_id": 20 }, { "act_id": 241, "details": "17. (1) The Government may, with a view to acquisition under the provisions of this Act of the interests of all rent-receivers within any district, part of a district or local area and of such other interests in land therein as are liable to be acquired under the provisions of this Act, and with a view to the assessment of compensation payable for all such interests including the interests which have already been acquired under Chapter II, make an order directing- (a)\tthat a record-of-rights be prepared in respect of such district, part of a district or local area, or (b)\tthat the record-of-rights, last prepared and finally published under Chapter X of the Bengal Tenancy Act, 1885, in respect of such district, part of a district or local area, be revised,  by a Revenue-officer in accordance with the provisions of this Chapter and with such rules as may be made in this behalf by the Government. (2) If any order has been made under section 101 of the Bengal Tenancy Act, 1885, or under section 117 of the Sylhet Tenancy Act, 1936, for the preparation of a record-of-rights in respect of any district, part of a district or local area, but the preparation of such record-of-rights has not been completed or such record-of-rights has not been finally published at the time when an order is made under sub-section (1) for the preparation or revision of a record-of-rights in respect of such district, part or area, then on the making of an order under the said sub-section, all further proceedings relating to the preparation of the record-of-rights under the said Act shall be stayed; and such record-of-rights shall be prepared in accordance with the provisions of this Chapter and with such rules as may be made in this behalf by the Government: Provided that any proceedings in respect of the preparation of such record-of-rights commenced under Chapter X of the Bengal Tenancy Act, 1885, or under Chapter IX of the Sylhet Tenancy Act, 1936, and undertaken prior to the publication of the draft of such record-of-rights under section 103A of the Bengal Tenancy Act, 1885, or under section 119 of the Sylhet Tenancy Act, 1936, as the case may be, shall, for the purposes of the preparation of such record-of-rights under this Chapter, be deemed to have been commenced and undertaken under this Chapter. (3) A notification in the official Gazette of an order under sub-section (1) shall be conclusive evidence that the order has been duly made.", "name": "Preparation of record-of-rights", "related_acts": "", "section_id": 21 }, { "act_id": 241, "details": "18. When an order is made under section 17, the Revenue-officer shall record in the record-of-rights, to be prepared or revised in pursuance of such order, such particulars as may be prescribed.", "name": "Particulars to be recorded in the record-of-rights", "related_acts": "", "section_id": 22 }, { "act_id": 241, "details": "19. (1) When a record-of-rights has been prepared or revised so as to contain or include therein the particulars referred to in section 18, the Revenue-officer shall publish a draft of the record-of-rights so prepared or revised in the prescribed manner and for the prescribed period and shall receive and consider any objections which may be made to any entry therein or to any omission therefrom during the period of such publication. (2) Any person aggrieved by an order passed by Revenue-officer on any objection made under sub-section (1) may appeal to the prescribed Revenue Authority not below the rank of an Assistant Settlement Officer in such manner and within such period as may be prescribed. (3) When all such objections and appeals have been considered and disposed of according to such rules as the Government may make in this behalf, the Revenue-officer shall finally frame the record and shall cause such record to be finally published in the prescribed manner and the publication shall be conclusive evidence that the record has been duly prepared or revised under this Chapter. (4) When a record-of-rights has been finally published under sub-section (3), the Revenue-officer shall, within such time as the Board of Revenue may fix in this behalf, make a certificate stating the fact of such final publication and the date thereof and shall date and subscribe the same with his name and official title.", "name": "Draft and final publication of the record-of-rights", "related_acts": "", "section_id": 23 }, { "act_id": 241, "details": "20. (1) On the acquisition of the interests of rent-receivers in any area under Chapter V, no rent-receiver, cultivating raiyat, cultivating under-raiyat or non-agricultural tenant shall be entitled to retain possession of any of his khas lands in such area except as provided in sub-section (2). (2) A rent-receiver, a cultivating raiyat, a cultivating under-raiyat, or a non-agricultural tenant shall be entitled to retain, as a tenant under the Government, possession of- (a)\tlands covered by his homestead or any other building belonging to him with necessary adjuncts thereto, other than such building or part of a building outside his homestead as is used primarily as office or cutchery for the collection of rents of any estate, taluk or tenure and may be decided to be acquired by the Government; (b)\tlands in his khas possession of the following classes, other than derelict tea gardens, namely:- (i)\tlands used for agricultural or horticultural purposes including tanks,  (ii)\tlands which are cultivable or which are capable of cultivation on reclamation, and (iii)\tvacant non-agricultural lands: Provided that the aggregate quantity of all lands of the classes referred to in clauses (a) and (b) in the whole of province so retained in possession by a rent-receiver, a cultivating raiyat, a cultivating under-raiyat or a non-agricultural tenant shall not exceed three hundred and seventy-five standard bighas or an area determined by calculating at the rate of ten standard bighas for each member of his family, whichever is greater. 18(2a) Notwithstanding anything contained in any other law for the time being in force or in any instrument or in any judgment or decree or order of any Court lands of the classes referred to in the clauses (a) and (b) of sub-section (2) do not include and shall be deemed never to have included- (i)\tany land or building in a hat or bazar, or, (ii)\tany fishery other than a tank constructed solely by process of excavation, or, (iii)\tany land consisting of forest, or, (iv)\tany land actually in use for a ferry. (3) Allotments of lands, of which a rent-receiver, a cultivating raiyat, a cultivating under-raiyat or a non-agricultural tenant is entitled to retain possession under clause (b) of sub-section (2), shall be made by the Revenue-officer according to the choice of such rent-receiver, cultivating raiyat, cultivating under-raiyat or non-agricultural tenant or, where no such choice is exercised within a prescribed period, according to the rules to be made in this behalf by the Government: Provided that in exercising such choice such rent-receiver, cultivating raiyat, cultivating under-raiyat or non-agricultural tenant shall retain the entire area of land held by each of the other members of his family if it is ten standard bighas or less and to the extent of at least ten standard bighas if it exceeds that quantity and that in allotting land to a family, the Revenue-officer shall record them in the names of the persons who actually hold them: Provided further that when a rent-receiver, a cultivating raiyat, a cultivating under-raiyat or a non-agricultural tenant or any member of his family has mortgaged any land to the Agricultural Development Finance Corporation established under the Agricultural Development Finance Corporation Act, 1952, or to the House Building Finance Corporation established under the House Building Finance Corporation Act, 1952, or to the Agricultural Bank of Pakistan established under the Agricultural Bank Act, 1957, he shall, when exercising choice under this section, be bound to include in his choice all lands, so mortgaged, of the classes and up to the limit he is entitled to retain under sub-section (2) and when such a rent-receiver, a cultivating raiyat, a cultivating under-raiyat or a non-agricultural tenant has already exercised his choice under this section, but no Compensation Assessment-roll in respect of his excess khas land has been finally published, he shall be required to revise his choice in accordance with the provisions of this proviso. (4) Notwithstanding anything contained in sub-section (2), a rent-receiver, a cultivating raiyat or a cultivating under-raiyat or a group of rent-receivers, cultivating raiyat or cultivating under-raiyats who has or have undertaken large scale farming on a co-operative basis or otherwise by the use of power driven mechanical appliances, or large scale dairy farming may, if he is or they are certified in that behalf by the prescribed Revenue Authority, retain possession of and hold such quantity of lands in excess of the limit specified in the said sub-section as may be specified in the certificate granted by such Revenue Authority: Provided that such a certificate shall be subject to revisions by the said Revenue Authority at such intervals as may be fixed in this behalf by the Government. 19(4A) Notwithstanding anything contained in sub-section (2), a person or persons holding land for the purposes of the cultivation and manufacture of tea or coffee or the cultivation of rubber or a company holding land for the cultivation of sugarcane for the purpose of manufacture of sugar by that company may, if he or it is or they are certified in that behalf by the prescribed Revenue Authority, retain possession of and hold such quantity of land in excess of the limit specified in the said sub-section as may be specified in the certificate granted by such Revenue Authority: Provided that such a certificate shall be subject to revisions by the said Revenue Authority at such intervals as may be fixed in this behalf by the Government: Provided further that for the purpose of this sub-section, a derelict tea garden shall not be deemed to be land held for the purpose of the cultivation and manufacture of tea. 20(4B) Notwithstanding anything contained in sub-sections (4) and (4A) or in sections 39, 43 and 44 or in any other law for the time being in force, the land held under a certificate granted under sub-section (4) or (4A) by the prescribed Revenue Authority shall absolutely vest in the Government on the date when the Government shall take a decision in favour of the certificate-holder on an application submitted by him for granting a lease on a long term basis in respect of such land, wherein the certificate holder gave up the claim of compensation that would have been assessed under section 39 for the purpose of formal acquisition of such land, and such land may be leased out under the second proviso to sub-section (1) of section 81 to the certificate-holder without charging any premium thereof, on such terms and conditions as may be set forth in the lease by the Government, by terminating the certificate.  (5) (i) \tNoting in sub-sections (1), (2) and (3) of this section shall apply- (a)\tOmitted by section 4 of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (E. P. Ord. XV of 1961). (b)\tto any land covered by buildings or structures and necessary adjuncts thereto as are used for the purpose of any large scale industry with such other lands as are used for growing raw materials therefor, or (c)\tto so much of the lands held under debutter, wakf, wakf-al-al-aulad or any other trust as is exclusively dedicated and the income from which is exclusively applied to religious or charitable purposes without reservation of pecuniary benefit for any individual. (ii)\tWhere, under any debutter, wakf, wakf-al-al-aulad or any other trust, the income from the lands covered by such trust is partly dedicated for religious or charitable purposes and partly reserved for the pecuniary benefit of any individual, only such portion of the lands, as may be selected in accordance with the rules to be made in this behalf by the Government, shall come within the purview of sub-clause (c) of clause (i). Explanation- For the purposes of sub-section (2) of this section- (a)\ta rent-receiver, cultivating raiyat, cultivating under-raiyat or non-agricultural tenant shall be deemed to include a group of them who are members of the same family; and (b)\ta family shall, when used in relation to a rent-receiver, cultivating raiyat, cultivating under-raiyat, or non-agricultural tenant, be deemed to consist of such rent-receiver cultivating raiyat, cultivating under-raiyat or non-agricultural tenant and all persons living in the same mess with and dependant upon such rent-receiver, cultivating raiyat, cultivating under-raiyat or non-agricultural tenant, but does not include any servant or hired labourer living in the same mess. (6) The provision of sub-section (c) of clause (i) of sub-section (5) and clause (ii) of that sub-section shall not apply and be deemed never to have applied to any land on which hats or bazars are held or which consists of forests or fisheries or ferries.", "name": "Lands to be retained in the possession of rent-receivers, cultivating raiyats, cultivating under-raiyats and non-agricultural tenants", "related_acts": "", "section_id": 24 }, { "act_id": 241, "details": "21. All lands, of which a rent-receiver, a cultivating raiyat, a cultivating under-raiyat or a non-agricultural tenant retains possession under section 20, shall be held on payment of such fair and equitable rent as may be determined under the provisions of this Act.", "name": "Payment of rent for land retained in possession", "related_acts": "", "section_id": 25 }, { "act_id": 241, "details": "22. (1) Notwithstanding anything contained in any other law for the time being in force or in any entry made in the record-of-rights last prepared and finally published under Chapter X of the Bengal Tenancy Act, 1885, all lands in any district or part of a district or local area in respect of which a record-of-rights is prepared or revised under this Chapter shall be subject to the payment of fair and equitable rent determined in accordance with the provisions of this Chapter and the rent so determined shall be entered in the record-of-rights so prepared or revised: Provided that it shall not be necessary to determine under this Chapter, the rent of any land, the rent of which has already been determined under section 5 and the rent so determined shall be deemed to be fair and equitable rent determined in accordance with the provision of this Chapter. (2) Where the fair and equitable rent determined or deemed to be determined for any land under the provisions of this Chapter has not taken effect earlier under any other provision of this Act, it shall take effect from the first day of the Agricultural year next following the date of publication of the notification under sub-section (2) of section 43 declaring that a Compensation Assessment-roll in respect of the area in which the land is situated bas been finally published.", "name": "All lands to be liable to fair and equitable rent determined under this Chapter", "related_acts": "", "section_id": 26 }, { "act_id": 241, "details": "23. In preparing or revising a record-of-rights under this Chapter, the Revenue-officer shall determine the rent of every parcel of land in the khas possession of a proprietor or tenure-holder, including a proprietor or tenure-holder whose interests have been acquired under Chapter II, within the area to which such record relates- (i) \tif such land be agricultural land, at a rate which the Revenue-officer may deem fair and equitable having regard to the rates of rent generally paid by occupancy raiyats for lands of a similar description and with similar advantages in the same village or in the neighbouring villages, and (ii)\tif such land be non-agricultural land, at a rate which the Revenue-officer may deem fair and equitable having regard to- (a)\tthe rent generally paid to the Government, or to any other landlord for non-agricultural lands with similar advantages or of a similar description in the vicinity, (b)\tthe market value of the land immediately before the publication of the notification under section 17, and (c)\tthe rent which would be payable if the rate were fixed at not more than one per centum of such market value, whether or not such proprietor or tenure-holder is entitled to retain possession of such parcel of land under section 20: Provided that in any estate, taluk or tenure, where a land revenue settlement was made within the last fifteen years, the rate of rent adopted as fair and equitable in such settlement may be taken to be the fair and equitable rent within the meaning of this section. Explanation.- For the purposes of this section “land” does not include any building or structure standing thereon.", "name": "Determination of fair and equitable rents of khas lands", "related_acts": "", "section_id": 27 }, { "act_id": 241, "details": "24. (1) In preparing or revising a record-of-rights under this Chapter, the Revenue-officer shall, subject to the provisions of sub-sections (2), (3) and (4), presume the rent, payable in respect of any land held by a raiyat or an under-raiyat in the area to which such record relates at the time of preparation or revision of such record, to be fair and equitable. (2) Where the rent so payable in respect of any such land by a raiyat is in the opinion of the Revenue-officer unfair or inequitable, he may reduce such rent to what is considered by him as fair and equitable, having regard to the rates of rent generally paid by the occupancy raiyats for lands of a similar description and with similar advantages in the same village or in the neighbouring villages. (3) Where the rent payable for any land by an under-raiyat is, in the opinion of the Revenue-officer, unfair or inequitable, he may reduce such rent to an amount not exceeding the fair and equitable rent payable by an occupancy raiyat for lands of a similar description and with similar advantages in the same village or in the neighbouring villages, increased by fifty per centum. (4) In any raiyat or under-raiyat pays in respect of any land referred to in sub-section (1), rent either in kind or on the estimated value of a portion of the crop or at rates varying with the crop or in more than one of these ways, the Revenue-officer shall commute such rent to a fair and equitable money-rent at an amount not exceeding one-tenth of the total value of the annual gross produce of such land obtained by multiplying the normal annual yield of that land, determined in the manner prescribed, by the average price of each kind of produce prevailing in the preceding twenty years, excluding the years in which such prices were abnormal: Provided that the Revenue-officer shall, at the time of commuting such rent to a fair equitable money-rent allow for the superior landlord of such raiyat or under-raiyat a margin of profit of not less than twenty-five per centum and not more than fifty per centum of the rents payable by the superior landlord of such raiyat or under-raiyat when such superior landlord pays rents either in kind or on the estimated value of a portion of the crop or at rates varying with the crop or in more than one of these ways.", "name": "Determination of fair and equitable rents of raiyats and under-raiyats", "related_acts": "", "section_id": 28 }, { "act_id": 241, "details": "25. In preparing or revising a record-of-rights under this Chapter, the Revenue-officer shall determine the fair and equitable rent of all non-agricultural lands held by non-agricultural tenants other than a tenure-holder in accordance with the provisions of section 23 so far as they apply to non-agricultural lands: Provided that when any such tenant holds any such land immediately under any person other than a proprietor or a tenure-holder, the Revenue-officer shall presume the existing rent payable by such tenant for such land to be fair and equitable unless it exceeds by more than fifty per centum the fair and equitable rent payable in respect of such land by such person; and if it so exceeds, the Revenue-officer shall fix the rent of such land so held by such tenant at a rate not exceeding the rate of the fair and equitable rent payable for such land by such person by more than fifty per centum.", "name": "Determination of fair and equitable rents of non-agricultural tenants", "related_acts": "", "section_id": 29 }, { "act_id": 241, "details": "2125A. (1) When the rent of a taluk, tenure, holding or tenancy is less than the rent or revenue payable by the landlord of such taluk, tenure, holding or tenancy to his superior landlord or the Government, as the case may be, the rent of such taluk, tenure, holding or tenancy may be enhanced by the Revenue-officer to an amount not less than the rent or revenue payable by such landlord in respect of such taluk, tenure, holding or tenancy: Provided that when any such taluk, tenure, holding or tenancy comprises a portion of the land of the parent estate, taluk, tenure, holding or tenancy, the Revenue-officer shall, in determining the amount of enhancement of the rent under this section, take into consideration the rents payable to such landlord for any lands and the rental value of any lands in the khas possession of such landlord included in the remaining portion of the land of the parent estate, taluk, tenure, holding or tenancy. (2) Where any land held by a tenure holder, a raiyat, an under-raiyat or a non-agricultural tenant is liable to be assessed to rent, but no rent has been assessed in respect thereof, the Revenue-officer shall determine the rent payable by such tenure holder according to the principle of section 7 of the Bengal Tenancy Act, 1885, and by such raiyat or under-raiyat or non-agricultural tenant according to the principle of section 26.", "name": "Enhancement and assessment of rent in certain cases", "related_acts": "", "section_id": 30 }, { "act_id": 241, "details": "26. (1) Where any land is held by a raiyat or an under-raiyat free of rent the rent for such land shall be determined at a rate which the Revenue-officer may deem fair and equitable having regard to the rates of rent generally paid by the occupancy raiyats for lands of a similar description and with similar advantages in the same village or in the neighbouring villages. (2) Where any non-agricultural land is held by a tenant free of rent, the rent for such land shall be determined in accordance with the provisions of section 23 so far as they apply to non-agricultural lands.", "name": "Assessment of rent for rent-free land", "related_acts": "", "section_id": 31 }, { "act_id": 241, "details": "27. Where a rent-receiver other than a proprietor or tenure-holder holds only a portion of a holding or tenancy in his khas possession, such portion shall be constituted into a separate holding or tenancy and assessed to rent separately, and in making such assessment, the Revenue-officer shall have regard to the rent of the original holding or tenancy, the proportionate area and value of the new holding or tenancy and the provisions of this Chapter for the determination of fair and equitable rent of a holding or tenancy of that class.", "name": "Creation of separate holdings or tenancies in certain cases", "related_acts": "", "section_id": 32 }, { "act_id": 241, "details": "28. In preparing or revising a record-of-rights under this Chapter, the Revenue-officer shall fix, in respect of every land held within any area to which such record relates by a person who has been found on evidence produced before him to be entitled to hold such land free of rent in consideration of some service to be rendered, a rent at a rate which the Revenue-officer may deem fair and equitable having regard to the rates of rent generally paid by occupancy raiyats for lands of a similar description and with similar advantages in the same village or in the neighbouring villages and shall record such person in the record-of-rights as a raiyat: Provided that nothing in this section shall apply to any land held within the boundaries of a tea estate or any other industrial organisation.", "name": "Assessment of rents of service tenancies", "related_acts": "", "section_id": 33 }, { "act_id": 241, "details": "29. (1) All rents determined under this Chapter and entered in the record-of-rights finally published under section 19, shall, subject to the provisions of section 53, be deemed to have been correctly determined and to be fair and equitable for the purposes of this Act. (2) No suit shall be brought in any Civil Court in respect of the determination of any rent to the determination of which the provisions of this Chapter apply or in respect of the omission to determine any such rent.", "name": "Effect of rents settled under this Chapter", "related_acts": "", "section_id": 34 }, { "act_id": 241, "details": "30. (1) After an order has been made under section 17 directing the preparation or revision of a record-of-rights in respect of any area, no Civil Court shall entertain any suit or application for the alteration of rent or determination of the status of any tenant or the incidents of any holding or tenancy in such area; and if any such suit or application relating to such area is pending before a Civil Court on the date of such order, it shall not be further proceeded with and shall abate. Explanation.- Suit in this sub-section includes an appeal. (2) No suit shall be brought in any Civil Court in respect of any order directing the preparation or revision of record-of-rights under this Chapter or in respect of framing, publication, signing or attestation of such record or any part of it. (3) No suit, appeal or proceeding in a Civil Court or High Court in respect of any land, nor any order passed in such suit, appeal or proceeding, shall operate as a bar in any way to the preparation or revision of record-of-rights or of Compensation Assessment-rolls in accordance with the provisions of this Act.", "name": "Bar to jurisdiction of Civil Court", "related_acts": "", "section_id": 35 }, { "act_id": 241, "details": "31. (1) The Government may, instead of proceeding under section 17, by notification in the official Gazette , order that a Compensation Assessment-roll be prepared under Chapter V in respect of any particular district, part of a district or local area, on the basis of the record-of-rights last prepared and finally published under Chapter X of the Bengal Tenancy Act, 1885, or Chapter IX of the Sylhet Tenancy Act, 1936, without any revision or after revising or recording only such particulars in such record as may be specified in such notification. (2) When an order is made under sub-section (1), the Revenue-officer shall revise or record such particulars, if any, in accordance with such rules as may be made in this behalf by the Government and settle fair and equitable rents according to the principles laid down in sections 23, 24, 25, 25A, 26, 27 and 28, and shall then correct such record-of-rights so as to incorporate therein the particulars, if any, so revised or recorded and the fair and equitable rents so settled. (3) A record-of-rights corrected under sub-section (2) shall be deemed to have been duly revised and finally published under this Chapter. (4) When an order is made under sub-section (1) in respect of any area, sections 105, 105A and 106 of the Bengal Tenancy Act, 1885, or sections 121, 122 and 123 of the Sylhet Tenancy Act, 1936, as the case may be, shall cease to apply to such area, and applications, suits or proceedings under those sections, pending on the date of such order, shall not be further proceeded with and shall abate.", "name": "Preparation of Compensation Assessment roll on the basis of the existing-record-of-rights", "related_acts": "", "section_id": 36 }, { "act_id": 241, "details": "32. In this Chapter, a rent-receiver, proprietor or tenure-holder includes a rent-receiver, proprietor or tenure-holder, as the case may be, whose interests have been acquired under Chapter II.", "name": "Interpretation", "related_acts": "", "section_id": 37 }, { "act_id": 241, "details": "33. As soon as may be after a record-of-rights in respect of any district, part of a district or local area has been prepared or revised and finally published under Chapter IV, the Revenue-officer shall prepare in the prescribed form and in the prescribed manner a Compensation Assessment-roll in which the gross assets and the net income of all rent-receivers within such district, part or area and the compensation to be paid in accordance with the provisions of this Act to all persons whose interests are acquired under this Chapter or under Chapter II, together with such other particulars as may be prescribed, shall be specified: Provided that it shall not be necessary to prepare, under this Chapter, a Compensation Assessment-roll in respect of any property acquired under Chapter II, in respect of which a Compensation Assessment-roll has been prepared under Chapter VA.", "name": "Order for the preparation of a compensation Assessment-roll", "related_acts": "", "section_id": 38 }, { "act_id": 241, "details": "34. In preparing such Compensation Assessment-roll every proprietor, tenure-holder or other rent-receiver collecting rents in respect of any estate, tenure, holding or tenancy or part of any estate, tenure, holding or tenancy comprised within the area to which such roll relates shall, irrespective of whether he collects such rents separately or jointly with others, be treated separately for the purpose of assessment and payment of compensation under this Chapter: Provided that in the case of a Hindu undivided family governed by the Mitakshara law, all rent-receivers included in such family shall be treated jointly for such purpose: Provided further that when more than one proprietor, tenure-holder or other rent-receiver jointly hold rent-receiving interests and the total net income of such interests does not exceed five hundred rupees, such proprietors, tenure-holders or other rent-receivers may be treated jointly for the purpose of assessment of compensation under this Chapter.", "name": "Separate treatment of proprietors, tenure-holders and other rent-receivers in assessment and payment of compensation", "related_acts": "", "section_id": 39 }, { "act_id": 241, "details": "35. (1) For the purpose of preparation of the Compensation Assessment-roll under this Chapter- (a)\tthe gross assets of a rent-receiver shall be taken to consist of the aggregate of the rents and cesses which were payable to such rent-receiver by his immediately subordinate tenants- (i) \tin the case of the interests acquired under Chapter II for the agricultural year immediately preceding the notified date, and (ii)\tin other cases, for the agricultural year immediately preceding that in which the record-of-rights is finally published under Chapter IV, and where such rent-receiver is the proprietor of an estate or the holder of a tenure, also of the aggregate of the fair and equitable rents determined under Chapter IV for such of his khas lands as he retains possession of under section 20: Provided that in the case of a tenure-holder or a raiyat or an under-raiyat or a non-agricultural tenant referred to in section 24, 25, 25A, 27 and 28, the rent fixed or determined for any land under the provisions of the said sections and entered in the record-of-rights finally published under Chapter IV shall, for the purposes of this clause, be deemed to be the rent payable for such land for such year by such tenure-holder or raiyat or under-raiyat or non-agricultural tenant to his immediately superior landlord;  (b)\tthe net income of a rent-receiver shall be computed by deducting from his gross assets the following :- (i)\tthe sums which were or are calculated as payable by such rent-receiver for such year as land revenue or rent and cesses to the Government or to his immediate landlord, as the case may be, in respect of the lands to which the gross assets relate; (ii)\tthe sum which was or is calculated as payable by such rent-receiver in respect of such assets for such year as tax under the Bengal Agricultural Income Tax Act, 1944; (iii)\tthe sum which was or is calculated as payable by such rent-receiver in respect of his income from non-agricultural lands included in such assets for such year as tax under the Income Tax Act, 1922; (iv)\tthe average annual expenditure, if any, incurred by such rent-receiver on account of maintenance of any irrigation or protective works in such lands; and (v)\tcollection charges not exceeding twenty per centum of the gross assets. (2) In calculating the sums referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1) or determining the expenditure and charges referred to in sub-clauses (iv) and (v) of the said clause, the Revenue-officer shall be guided by such rules as may be made in this behalf by the Government.", "name": "Calculation of gross assets and net income of rent-receivers", "related_acts": "", "section_id": 40 }, { "act_id": 241, "details": "36. Notwithstanding anything contained in section 35, in the case of a recusant proprietor of a temporarily settled private estate, the malikana payable to such proprietor in the agricultural year referred to in sub-clause (i) or sub-clause (ii) of clause (a) of sub-section (1) of section 35, as the case may be, shall be deemed to be the net income of such proprietor computed under section 35.", "name": "Net income of a recusant proprietor", "related_acts": "", "section_id": 41 }, { "act_id": 241, "details": "2236A. Notwithstanding anything contained in section 35, in the case of a recipient of Sair Compensation allowance, which was granted to holders of land as compensation on account of abolition of duties and taxes levied by them on land in the markets, the amount of Sair Compensation allowance payable annually to such recipient shall be deemed to be the net income of such recipient computed under section 35.", "name": "Net income of a recipient of Sair Compensation allowance", "related_acts": "", "section_id": 42 }, { "act_id": 241, "details": "37. After the net income has been computed under sections 35 and 36, the amount of compensation to be payable in respect of the acquisition of the interests of rent-receivers shall be determined as follows:- (1)\tIn the case where the rent-receiver is a proprietor of an estate, a holder of a permanent tenure or tenancy or a raiyat or an under-raiyat, the compensation payable in respect of the acquisition of the interests of such rent-receiver shall be determined on the basis of his total net income from rent-receiving interests in the Province in accordance with the following table, namely:- Amount of the total net income in the Province Rate of compensation payable (a) Where the net income so computed does not exceed Rs. 500. Ten times such net income. (b) Where the net income so computed exceeds Rs. 500 but does not exceed Rs. 2,000. Eight times such net income or the maximum amount under item (a) above increased by the excess of the net income over the maximum net income under item (a) above, whichever is greater. (c) Where the net income exceeds  Rs. 2,000 but does not exceed Rs. 5,000. Seven times such net income or the maximum amount under item (b) above increased by the excess of the net income over the maximum net income under item (b) above whichever is greater. (d) Where the net income exceeds Rs. 5,000 but does not exceed Rs. 10,000. Six times such net income or the maximum amount under item (c) above increased by the excess of the net income over the maximum net income under item (c) above, whichever is greater. (e) Where the net income exceeds Rs.10,000 but does not exceed Rs. 25,000. Five times such net income or the maximum amount under item (d) above increased by the excess of the net income over the maximum net income under item (d) above, whichever is greater. (f) Where the net income exceeds  Rs. 25,000 but does not exceed Rs. 50,000. Four times such net income or the maximum amount under item (e) above increased by the excess of the net income over the maximum net income under item (e) above, whichever is greater. (g) Where the net income exceeds Rs. 50,000 but does not exceed Rs.1,00,000. Three times such net income or the maximum amount under item (f) above increased by the excess of the net income over the maximum net income under item (f) above, whichever is greater. (h) Where the net income exceeds Rs. 1,00,000. Two times such net income or the maximum amount under item (g) above increased by the excess of the net income over the maximum net income under item (g) above, whichever is greater. (2) In the case where the rent-receiver is the holder of a temporary tenure or of any other tenancy of a temporary duration, the compensation payable to such rent-receiver in respect of the acquisition of the interest of such rent-receiver shall be paid out of the compensation payable under this Chapter to the immediately superior landlord of such rent-receiver for the acquisition of  the interests  of  such superior landlord; and the Revenue-officer shall apportion the compensation between the holder of such temporary tenure or tenancy and his immediately superior landlord subject to rules made under this Act; and in making the apportionment the Revenue-officer shall take into consideration the unexpired period of the temporary tenure or tenancy; and (3) In the case where the net income or any portion of the net income in respect of any estate, tenure, holding or tenancy wholly or partly held under wakf, wakf-al-al-aulad, debutter or any other trust or legal obligation has been dedicated and applied exclusively to charitable or religious purposes without any reservation of pecuniary benefit for any individual, the compensation payable for the acquisition of the interests of any rent-receiver in respect of the net income or the portion of the net income so dedicated and applied shall, instead of being assessed under clause (1) be assessed in the prescribed manner as a perpetual annuity equal to such net income or portion of the net income, as the case may be.", "name": "Rates of compensation for rent-receiving interests", "related_acts": "", "section_id": 43 }, { "act_id": 241, "details": "38. If a rent-receiver holds rent-receiving interests in more than one area, the amount of compensation payable for the acquisition of such interests shall be calculated and the Compensation Assessment-rolls in respect of such interests shall be prepared in accordance with such rules as may be made in this behalf by the Government.", "name": "Preparation of Compensation Assessment-roll in respect of a rent-receiver having interests in more than one area", "related_acts": "", "section_id": 44 }, { "act_id": 241, "details": "39. (1) Compensation to be payable to a rent-receiver, a cultivating raiyat, a cultivating under-raiyat or a non-agricultural tenant, in respect of the acquisition of lands in his khas possession which he is not entitled to retain under section 20, shall be determined in accordance with the following table:- Class of lands Rate of compensation payable (a) For lands used for agricultural or horticultural purposes including tanks. Five times the net annual profit from such lands. (b) For lands on which hats or bazars are held. Five times the net annual profit from such hats or bazars. (c) For lands which are cultivable or which are capable of cultivation on reclamation- (i) Lands bearing any profit. Five times the net annual profit from such lands or ten times the annual raiyati, rent for an equal area of cultivated land in the neighbourhood which the Revenue-officer may select as appropriate for the purpose, whichever is greater. (ii) Lands not bearing any profit. Rs. ten per acre. 23(d) For lands consisting of fisheries or forests or lands used for a ferry. Five times the net annual profit from such lands. (d1) For lands which consist of jungles or water courses or marshy tracts not being fisheries and sandy chars or other uncultivable lands other than lands, such as roads, pathways, common burial or cremation ground, rivers, khals and water courses, which the public may use by natural or customary right or right of easement. Five times the net annual profit from such lands. (e) For vacant non-agricultural lands. Five times the annual letting value of the lands to be determined in the prescribed manner. (f) For lands with buildings- (i) lands .. .. Five times the annual letting value of the land to be determined in the prescribed manner. (ii) buildings .. .. The actual cost of construction less depreciation both to be determined in the prescribed manner. 24(1a) Notwithstanding anything contained in sub-section (1), the compensation payable for the acquisition of any khas land held under wakf, wakf-al-al-aulad, debutter or any other trust on which any hat or bazar is held or which consists of any forest or fishery or which is used for a ferry and which is exclusively dedicated, and the income from which is exclusively applied to religious or charitable purposes without reservation of pecuniary benefit for any individual, shall, instead of being determined in accordance with the table in that sub-section, be assessed as a perpetual annuity equal to such annual average of the income so applied as may be determined in the prescribed manner but not exceeding the net annual profit from such land as may be determined in accordance with the provisions of this section : Provided that where, under any wakf,wakf-al-al-aulad, debutter or any other trust, the income from any such land is partly dedicated for religious or charitable purposes and partly reserved for the pecuniary benefit of any individual, only such portion of the land, as may be selected in accordance with the rules to be made in this behalf by the Government, shall come within the purview of this sub-section. (2) Any dispute regarding classification of lands for the purposes of sub-sections (1) and (1a) shall be referred to the prescribed Revenue Authority whose decision thereon shall be final. (3) For the purpose of items (a) and (c) and of sub-section (1), the net annual profit from land shall be determined in the following manner:- (a) the gross value of the annual produce of the land shall be calculated first by multiplying the normal annual produce of the land, determined in the prescribed manner, by the average price of each kind of produce during the 10 years immediately preceding the year in which the assessment-roll is prepared; (b) the net annual profit shall be computed by deducting from the gross value of the annual produce of the land, the following:- (i) the sum determined in the prescribed manner as the cost of cultivation which shall not exceed fifty per centum of the gross value of the annual produce of the land; (ii) the sum which is calculated as payable by the rent-receiver or cultivating raiyat or cultivating under-raiyat or non-agricultural tenant annually as land revenue or rent and cesses in respect to the land; (iii) the sum which was or is calculated as payable by such rent-receiver or cultivating raiyat or cultivating under-raiyat in respect of the income from such lands as taxes under the Bengal Agricultural Income-tax Act, 1944; and (iv)  the sum which was or is calculated as payable by such a rent-receiver or non-agricultural tenant in respect of the income from the lands as taxes under the Income-tax Act, 1922. (4) For the purposes of items (b), (d) and (d1) of sub-section (1), the net annual profit shall mean the net annual profit as determined by the Revenue-officer in accordance with the rules made in this behalf by the Government. (5) Where the land, held by a cultivating raiyat or a cultivating under-raiyat or a non-agricultural tenant, for which compensation is payable under sub-section (1), is subject to a mortgage, the compensation payable under the said sub-section to such cultivating raiyat or cultivating under-raiyat or non-agricultural tenant shall be apportioned between such raiyat or under-raiyat or tenant and his mortgagee; and the Revenue-officer shall apportion such compensation in accordance with rules made in this behalf under this Act; and in making the apportionment the Revenue-officer shall, in the case where the mortgage is an usufructuary mortgage, take into consideration the unexpired period of such mortgage.", "name": "Rates of compensation for khas lands", "related_acts": "", "section_id": 45 }, { "act_id": 241, "details": "40. (1) After the amount of compensation to be payable in respect of the acquisition of the interests of rent-receivers and of the acquisition of the khas lands of rent-receivers, cultivating raiyats, cultivating under-raiyats and non-agricultural tenants, which are to be acquired under this Chapter or have been acquired under Chapter II, has been determined in accordance with the provisions of sections 37, 38 and 39, the Revenue-officer shall prepare the Compensation Assessment-roll under section 33; and when such roll has been prepared, the Revenue-officer shall cause a draft of it to be published in the prescribed manner and for the prescribed period which shall not be less than thirty days and shall receive and consider any objection which may be made to any entry therein or to any omission therefrom during the period of publication and shall dispose of such objections according to such rules as the Government may make in this behalf: Provided that no objection shall be made under this section- (i)\tby any person who does not claim any title to any compensation entered in the draft Compensation Assessment-roll, or (ii)\tto the amount of any rent entered in such roll which has been determined under section 5 or under Chapter IV or under sub-section (2) or section 46A. (2) Separate draft Compensation Assessment-rolls may be prepared and published under sub-section (1) for different villages or groups of villages in the district, part of a district or local area or for one or more persons having interests in different areas in respect of which a record-of-rights has been prepared or revised and finally published under Chapter IV.", "name": "Preliminary publication of Compensation Assessment-roll", "related_acts": "", "section_id": 46 }, { "act_id": 241, "details": "41. An appeal, if presented within two months from the date of the order appealed against, shall lie from every order passed by a Revenue-officer under sub-section (1) of section 40 to the prescribed superior Revenue Authority; and such superior Revenue Authority shall consider and dispose of such appeals in accordance with rules made in this behalf by the Government.", "name": "Appeal to superior Revenue Authority", "related_acts": "", "section_id": 47 }, { "act_id": 241, "details": "42. When all such objections and appeals have been disposed of, the Revenue-officer shall make such alterations in the draft Compensation Assessment-roll as may be necessary to give effect to any orders passed on objections made under sub-section (1) of section 40 or on appeals preferred under section 41 and shall cause the said roll as so altered to be finally published in the prescribed manner; and the publication shall be conclusive evidence that the Compensation Assessment-roll has been duly made under this Chapter, and every entry in the Compensation Assessment-roll so finally published shall, except as hereinafter provided, be final and conclusive evidence of the matter referred to in such entry and also of the nature of the interests of the rent-receivers, the true area of the land and the apportionment of the compensation among the persons claiming interest therein.", "name": "Final publication of the Compensation Assessment-roll", "related_acts": "", "section_id": 48 }, { "act_id": 241, "details": "43. (1) When a Compensation Assessment-roll has been finally published under section 42, the Revenue-officer shall, within such time as the Commissioner may, by general or special order require, make a certificate stating the fact of such final publication and the date thereof and shall date and subscribe the same with his name and official title. (2) After the final publication under section 42 of the Compensation Assessment-roll in respect of any village or group of villages or local area, the Government shall also by notification declare that a Compensation Assessment-roll has been finally published for such village or group of villages or local area, as the case may be, specifying in such notification the date of such final publication; and such notification shall be conclusive proof of such publication and of the date thereof.", "name": "Certificate and presumption as to final publication of Compensation Assessment-roll", "related_acts": "", "section_id": 49 }, { "act_id": 241, "details": "44. Notwithstanding anything contained in any other law for the time being in force or in Chapter II of this Act or in any contract, but subject to the provisions of clauses (a), (b), (c) and (d) of sub-section (4) of section 3 and sub-section (3) of section 46E, on the publication of a notification in the official Gazette under sub-section (2) of section 43, declaring that a Compensation Assessment-roll has been finally published, the following consequences shall ensue, namely:- (1)\tall the interests of all the proprietors in their respective estates, of all the tenure-holders in their respective tenures and of all other rent-receivers in the holdings or tenancies respectively let out by such rent-receivers within the area to which such roll relates or in such parts of such estates, tenures or holdings, or tenancies, as the case may be, as are within such area including the interests of all such proprietors, tenure-holders and other rent-receivers in all lands comprised in such estates, tenures and holdings or tenancies or part of such estates, tenures and holdings or tenancies within such area which are in the khas possession of such proprietors, tenure-holders and other rent-receivers and the interests of all such rent-receivers in all sub-soil including any rights to minerals in such estates, tenures and holdings or tenancies or part of such estates, tenures and holdings or tenancies within such area other than the interests which have already been acquired under Chapter II or sub-section (3) of section 46E shall, with effect from the first day of the agricultural year next following the date of publication of such notification in the official Gazette , be deemed to have been acquired by the Government and vest absolutely in the Government free from all encumbrances but subject to the right of such proprietors, tenure-holders and other rent-receivers specified in clause (2); (2)\teach proprietor, tenure-holder and other rent-receiver, whose interests in any estate, tenure or holding or tenancy or in any part of any estate, tenure or holding or tenancy, as the case may be, within the area to which such roll relates, are acquired under this Act, shall, with effect from the first day of the agricultural year next following the date of publication of such notification in the official Gazette , be entitled to retain possession of an hold, subject to the provisions of this Act, as a tenant directly under the Government all lands of which he is entitled to retain possession under Chapter IV and, be liable to pay rent for such lands to the Government ; (3)\tthe interests of all cultivating raiyats, cultivating under-raiyats and non-agricultural tenants in all lands held by such raiyats, under-raiyats and non-agricultural tenants within the area to which such roll relates in excess of the lands of which such raiyats, under-raiyats or non-agricultural tenants are entitled to retain possession under Chapter IV, including the interests in the sub-soil of all lands so held in excess and all rights to minerals therein other than the interests which have already been acquired under any other provision of this Act shall, with effect from the first day of the agricultural year next following the date of publication of such notification on the official Gazette , be deemed to have been acquired by the Government and vest absolutely in the Government free from all encumbrances; (4)\tall cultivating raiyats, cultivating under-raiyats and other tenants holding lands, within the area to which such roll relates, immediately before the first day of the agricultural year next following the date of such publication of such notification, shall, with effect from the first day of the said agricultural year, if they have not already become tenants directly under the Government under any other provision of this Act, become tenants directly under the Government and shall have the right to continue to hold, subject to the provisions of this Act, as tenants under the Government such of those lands as have not vested in the Government under item (3) or under any other provision of this Act and shall be liable to pay rent to the Government in respect of the lands so continued to be held; (5)\tall arrears of revenue and all cesses together with interest, if any, payable therein other than the arrears, cesses and interest referred to in clause (b) of sub-section (4) of section 3, remaining lawfully due on the first day of the agricultural year next following the date of such publication of such notification in respect of any estate within the area to which such roll relates shall, after the first day of the said agricultural year, continue to be recoverable from the outgoing proprietor by whom they were payable, and shall, without prejudice to any other mode of recovery, be recoverable by the deduction of the amount of such arrears and cesses and interest from the compensation money payable to such proprietor under this Act, when so ordered by the Collector; (6)\tall amounts, recoverable by the Government from a rent-receiver under the Bengal Embankment Act, 1882 or the East Bengal Embankment and Drainage Act, 1952, which remain outstanding on the first day of the agricultural year next following the date of such publication of such notification and are not already covered by clause (d) of sub-section (4) of section 3, whether on account of arrear dues or dues under future instalments under the Bengal Embankment Act, 1882 or the East Bengal Embankment and Drainage Act, 1952, shall, without prejudice to any other mode of recovery, be recoverable by deduction of the amount of such arrear and future instalments from the compensation money payable to such rent-receiver in respect of the interests of lands to which such outstanding amounts relate, when so ordered by the Collector; 25(6a) \tall arrears of agricultural income-tax recoverable by the Government from a person under the Bengal Agricultural Income-tax Act, 1944, which remain outstanding on the first day of the agricultural year next following the date of such publication of such notification and are not already covered by clause (dd) of sub-section (4) of section 3, shall, without prejudice to any other mode of recovery, be recoverable by the deduction of the amounts of such arrears from the compensation money payable to such person under section 58 in respect of the interests or lands to which such outstanding amounts relate, when so ordered by the Collector; (7)\tall arrears of rent and all cesses, together with interest, if any, due thereon, in respect of any period previous to the first day of the agricultural year next following the date of such publication of such notification, which have accrued due in respect of any tenure, holding or land to which such roll relates, and which have not been barred by limitation or have not already vested in the Government under clause (c) of sub-section (4) of section 3, shall, on and from the first day of the said agricultural year, vest in and be recoverable by the Government and shall, without prejudice to any other mode of recovery, be recoverable from the persons by whom they were payable by the deduction of the amount of such arrears, cesses and interest from the compensation money, if any, payable to such persons under section 58, when so ordered by the Collector; (8)\twith effect from the first day of the agricultural year next following the date of such publication of such notification, the ad interim payments under section 6, in respect of the rent-receiving interests or lands for which compensation has been assessed in the Compensation Assessment-roll to which such notification relates, shall cease; and the total amount of ad interim payments made under sub-section (1) or (2) or (4a) of the said section in respect of any such interests or lands, less an amount calculated at the rate of three per centum per annum on the amount of compensation assessed for such interests or lands in such roll from the date from which ad interim payments for such interests or lands became payable under that section till the last day of the agricultural year in which such notification is so published, shall be deducted from the amount of such compensation.", "name": "Acquisition and vetting of the interest of proprietors, tenure-holders and other rent-receivers and of certain khas lands in the Government and the consequences thereof", "related_acts": "", "section_id": 50 }, { "act_id": 241, "details": "45. As soon as may be after the publication of a notification in the official Gazette under sub-section (2) of section 43, the Revenue-officer shall cause to be published, in the prescribed manner, in the area to which the Compensation Assessment-roll in respect of which such notification is published relates, a proclamation in the local vernacular- (a)\texplaining the consequences which as provided in section 44 have ensued on such publication of such notification, and (b)\tdirecting all persons in such area, who will become tenants under the Government with effect from the first day of the agricultural year next following the date of such publication of such notification, to pay rent to the Government and not to any body else.", "name": "Proclamation by the Revenue-officer", "related_acts": "", "section_id": 51 }, { "act_id": 241, "details": "46. (1) After the Compensation Assessment-roll or Compensation Assessment-rolls in respect of all estates, tenures, and interest of rent-receivers in holdings or tenancies comprised within a district, part of a district or local area, in respect of which a record-of-rights has been prepared or revised and finally published under Chapter IV, has or have been published, such record-of-rights shall be modified by eliminating therefrom the entire chain of interests of rent-receivers and showing therein only the tenant who will come directly under the Government as a result of the acquisition of such interests; and one or more numbers to be borne on the Revenue-roll of the district shall be assigned by the Collector in respect of the areas to which such record-of-rights relates in accordance with such rules as the Government may make in this behalf; and the record-of-rights so modified shall be reprinted. (2) Copies of the record-of-rights so reprinted shall be distributed free of cost to the tenants of the areas to which such record-of-rights relates in such manner as may be prescribed.", "name": "Printing and distribution of record-of-rights", "related_acts": "", "section_id": 52 }, { "act_id": 241, "details": "46B. After an order has been made under section 46A, no Civil Court shall entertain any suit or application for the alteration or determination of rent of any land for which fair and equitable rent is required to be settled under sub-section (2) of that section; and if any such suit or application is pending before a Civil Court on the date of such order, it shall not be further proceeded with and shall abate.", "name": "Bar to jurisdiction of Civil Court", "related_acts": "", "section_id": 53 }, { "act_id": 241, "details": "46D. Notwithstanding anything contained in clause (c) of section 46C, in the case of a recusant proprietor of a temporarily settled private estate, the malikana payable to such proprietor in the agricultural year immediately preceding the notified date shall be deemed to be the net income of such proprietor computed under the said clause.", "name": "Net income of a recusant proprietor under Chapter VA", "related_acts": "", "section_id": 54 }, { "act_id": 241, "details": "46A. (1) The Government may, instead of proceeding under section 17 or section 31, by notification in the official Gazette, order that a Compensation Assessment-roll be prepared in respect of the properties of any rent-receiver acquired under section 3 on the basis of the returns, papers and documents furnished or taken possession of under sections 3A and 4. (2) When an order is made under sub-section (1), the Revenue-officer shall verify such returns, papers and documents in the prescribed manner and make such corrections therein as may be necessary, and settle fair and equitable rents of all tenants immediately subordinate to such rent-receiver according to the principles laid down in sections 24, 25, 25A, 26 and 28. (3) The Revenue-officer shall, after taking action under sub-section (2) prepare in the prescribed form and in the prescribed manner a Compensation Assessment-roll in which the gross assets and the net income of such rent-receiver and the Compensation to be paid to him in accordance with the provisions of this Act, together with such other particulars as may be prescribed, shall be specified.", "name": "Preparation of Compensation Assessment-roll in special cases", "related_acts": "", "section_id": 55 }, { "act_id": 241, "details": "46C. In the matter of preparation and publication of a Compensation Assessment-roll under this Chapter,- (a)\tthe provisions of sections 34, 38 and 40 to 43 shall apply so far as they are applicable; (b)\tthe provisions of sections 37 and 39 shall apply in whole; and (c)\tthe provisions of section 35 shall apply subject to the following amendment, namely:- for clause (a) of sub-section (1) of section 35, the following clause shall be deemed to have been substituted, namely:- “(a)\tthe gross assets of a rent-receiver shall be taken to consist of the aggregate of the rent and cesses which were payable to such rent-receiver by his immediately subordinate tenants for the agricultural year immediately preceding the notified date, and where such rent-receiver is the proprietor of an estate or the holder of a tenure, also of the aggregate of the fair and equitable rents determined under section 5 for such of his khas lands in that estate or tenure as he chooses to retain possession of under section 20: Provided that in the case of a tenure holder or a raiyat or an under-raiyat or a non-agricultural tenant, the rent determined for any land, under sub-section (2) of section 46A, according to the principles of sections 24, 25, 25A and 28, shall, for the purposes of this clause, be deemed to be the rent payable for such land for such year by such raiyat, under-raiyat or non-agricultural tenant to his immediately superior landlord;”.", "name": "Application of the provisions of sections 34 to 43 in the preparation of Compensation Assessment-roll under Chapter VA", "related_acts": "", "section_id": 56 }, { "act_id": 241, "details": "46E. Notwithstanding anything contained in Chapter II, on the publication of a notification under sub-section (2) of section 43, declaring that a Compensation Assessment-roll prepared under this Chapter, has been finally published,- (1)\tall tenants who became tenants directly under the Government under clause (e) of sub-section (4) of section 3 shall, with effect from the first day of the agricultural year next following the date of publication of such notification, pay to the Government rent for the lands held by them at the rates determined under this Chapter; (2)\twith effect from the first day of the agricultural year next following the date of such publication of such notification, the ad interim payments under section 6 or section 6A, in respect of the rent-receiving interests or lands for which compensation has been assessed in the Compensation Assessment-roll to which such notification relates, shall cease; and the total amount of ad interim payments made under sub-section (1) or (2) or 4a of section 6 in respect of any such interests or lands, less an amount calculated at the rate of three per centum per annum on the amount of compensation assessed for such interests or lands in such roll from the date from which such ad interim payments for such interests or lands became payable under section 6 till the last day of the agricultural year in which such notification is so published, shall be deducted from the amount of such compensation; (3)\twith effect from the first day of the Agricultural year next following the date of such publication of such notification, the interest of a rent-receiver in all lands in his khas possession of which he is not entitled to retain possession under section 20 and for which compensation has been assessed in such Compensation Assessment-roll shall, if not already acquired under sub-section (2) of section 3, be deemed to have been acquired by the Government and vest absolutely in the Government free from all encumbrances.", "name": "Consequences of final publication of Compensation Assessment-roll under Chapter VA", "related_acts": "", "section_id": 57 }, { "act_id": 241, "details": "47. There shall be the following authorities for the purposes of this part of this Act :- (a)\tthe Commissioner of State Purchase; (b)\tthe Director of Land Records and Surveys; (c)\tSettlement Officers and Assistant Settlement Officers; (d)\tOther Revenue Officers; (e)\tSpecial Judges.", "name": "Revenue and Judicial authorities", "related_acts": "", "section_id": 58 }, { "act_id": 241, "details": "48. (1) The Commissioner of State Purchase shall be appointed by the Government. (2) The Commissioner of State Purchase shall, in respect of the whole of Bangladesh, exercise the powers conferred and perform the duties imposed on him by this Act and by such rules as may be made under this Act. He shall also exercise general powers of superintendents and control over the Director of Land Records and Surveys and through him over all other officers subordinate to him. (3) The Director of Land Records and Surveys shall exercise such powers and perform such duties of a Revenue-officer under this Act or any rules made thereunder as may be conferred or imposed on him. (4) The Government may appoint one or more persons who has or have exercised the powers of a District Judge or a Subordinate Judge to be a Special Judge or Special Judges for the purposes of hearing appeals which may be preferred to him or them under the provisions of this Act and of inquiring into disputes as to the title to receive any compensation under a Compensation Assessment-roll finally published under section 42 or as to the apportionment of any compensation referred to him under section 60.", "name": "Appointments and powers", "related_acts": "", "section_id": 59 }, { "act_id": 241, "details": "49. The Commissioner, or any officer not inferior in rank to that of a Joint Deputy Commissioner of a district empowered in this behalf by the Commissioner, or a Settlement Officer so empowered, may, on application, direct the revision of any Compensation Assessment-roll or any portion of such roll and any record-of-rights or any portion of record-of-rights on the basis of which such roll has been prepared, at any time during the preparation of such roll and may direct such revision on an application made within three months from the date of final publication of such roll and may also, of his own motion, direct such revision at any time before payment of compensation, but so as not to affect any order passed by the superior Revenue Authority under section 41 or by the Special Judge under section 51 or under sub-section (4) of section 52 or under section 53: Provided that no such direction shall be issued unless not less than fifteen days' notice has been given to the parties concerned to appear and be heard in the matter.", "name": "Revision of Compensation Assessment-roll", "related_acts": "", "section_id": 60 }, { "act_id": 241, "details": "50. A Revenue-officer may, on application or of his own motion at any time before payment of compensation in accordance with a Compensation Assessment-roll under section 58, correct any entry in the record-of-rights prepared or revised and finally published under Chapter IV in respect of any area to which such Compensation Assessment-roll relates, or any entry in such Compensation Assessment-roll, if he is satisfied that such entry has been made owing to a bona fide mistake or correction such entry is necessary as a result of succession to or transfer of the interest of a rent-receiver, cultivating raiyat, cultivating under-raiyat or non-agricultural tenant: Provided that no such correction shall be made if an appeal affecting such entry has been presented under section 51 or section 53 or until reasonable notice has been given to the parties concerned to appear and be heard in the matter.", "name": "Correction by Revenue-Officers of bona fide mistakes", "related_acts": "", "section_id": 61 }, { "act_id": 241, "details": "51. (1) Any person, aggrieved by an order of the superior Revenue Authority under section 41 or of the Commissioner or other officer under section 49 may present an appeal against such order within sixty days from the date of the final publication under section 42 of the Compensation Assessment-roll to which such appeal relates or of the order appealed against, whichever is later, to the Special Judge appointed under sub-section (4) of section 48. (2) When a Revenue-officer refers under section 60 to any Special Judge any dispute which has arisen as to the title of any person to receive any compensation payable under the Compensation Assessment-roll or as to the apportionment of any such compensation or any part thereof, such Special Judge shall inquire into such dispute and decide the same; and such decision shall, subject to the provisions of section 52, be final.", "name": "Appeal to the Special Judge", "related_acts": "", "section_id": 62 }, { "act_id": 241, "details": "52. (1) Any party aggrieved by an order of the Special Judge may, within sixty days from the date of such order by application in the prescribed form accompanied, when the application is made by any party other than the Government, by a fee of fifty rupees, require the Special Judge to refer to the High Court any question of law arising out of such order; and the Special Judge shall, within ninety days of the receipt of such application, draw up a statement of the case and refer it to the High Court: Provided that, if in the exercise of the powers under sub-section (2) the Special Judge refuses to state a case which he has been required by any party other than the Government to state, such party may, within thirty days from the date on which he receives notice of the refusal to state the case, withdraw the application; and if he does so, the fee paid shall be refunded. (2) If on any application being made under sub-section (1) the Special Judge refuses to state the case on the ground that no question of law arises, the party who made such application may, within sixty days from the date on which such party is served with notice of the refusal, apply to the High Court; and the High Court may, if it is not satisfied of the correctness of the decision of the Special Judge, require the Special Judge to state the case and to refer it; and on receipt of any such requisition the Special Judge shall state the case and refer it accordingly. (3) If the High Court is not satisfied that the statement in a case referred under this section are sufficient to enable it to determine the question raised thereby, the High Court may refer the case back to the Special Judge to make such additions thereto or alterations therein as the High Court may direct in that behalf. (4) The High Court upon the hearing of any such case shall decide the questions of law raised thereby and shall deliver its Judgement thereon containing the grounds on which such decision is founded, and shall send a copy of such judgement under the seal of the Court and the signature of the Registrar to the Special Judge who shall pass such orders as are necessary to dispose of the case conformably to such judgement. (5) When a reference is made to the High Court, the cost shall be in the discretion of the Court.", "name": "Statement of case by Special Judge to the High Court", "related_acts": "", "section_id": 63 }, { "act_id": 241, "details": "53. Any person aggrieved by an order of the Revenue Authority under sub-section (2) of section 19 passed on appeal filed in respect of the determination of rent or recording of possession of any land, or by entry made in a record-of-rights under sub-section (2) of section 31 relating to the determination of rent or recording of possession of any land or by an order settling fair and equitable rent of any land under sub-section (2) of section 46A, may present an appeal against such order or entry, within three months from the date of the final publication under section 42 of the Compensation Assessment-roll to which such appeal relates, to the Special Judge appointed under sub-section (4) of section 48. The decision of the Special Judge on such an appeal shall, notwithstanding anything contained in section 52, be final.", "name": "Appeal to the Special Judge", "related_acts": "", "section_id": 64 }, { "act_id": 241, "details": "54. The Revenue-officer shall make such alterations in the records-of-rights or the Compensation Assessment-roll as may be necessary to give effect to any directions issued by the Commissioner or other officer under section 49 or an order made by a Special Judge under section 51 or section 53 or under sub-section (4) of section 52 or to any final order or decree of a Civil Court or High Court passed in any suit, appeal or proceeding declaring title to and, or possession of any land.", "name": "Correction of the Compensation Assessment-roll", "related_acts": "", "section_id": 65 }, { "act_id": 241, "details": "55. The provisions of the Code of Civil Procedure, 1908, shall as far as may be, apply to all appeals presented to a Special Judge under sub-section (1) of section 51 or under section 53 and to all inquiries held by him under sub-section (2) of section 51.", "name": "Application of the Civil Procedure Code to appeals before and inquiries by a Special Judge", "related_acts": "86", "section_id": 66 }, { "act_id": 241, "details": "56. No party to a suit, appeal or proceeding in a Civil Court or High Court in respect of any land shall, notwithstanding anything elsewhere contained in this Act, be entitled to raise before a Revenue-officer, Revenue Authority, Special Judge or the Commissioner or any other officer under section 19, 40, 41, 49, 51, 53 or 60 any issue in respect of such land, which is substantially in issue in such suit, appeal or proceeding.", "name": "Bar to raising of certain issues", "related_acts": "", "section_id": 67 }, { "act_id": 241, "details": "57. (1) Notwithstanding anything contained elsewhere in this Act or in any Compensation Assessment-roll as finally modified under section 54, no rent-receiver shall be entitled to receive on account of compensation for the acquisition of his rent-receiving interests any amount in excess of the amount calculated on his total net income from all his rent-receiving interests in all estates, tenures, holdings and tenancies held by him within the Province at the rate applicable to such net income under section 37. (2) When a rent-receiver holds rent-receiving interests in different areas, the Revenue-officer shall, before making payment under section 58 of the compensation payable to him under a Compensation Assessment-roll as finally modified under section 54 for the acquisition of his rent-receiving interests in any such area, ascertain in the prescribed manner if any amount has been paid to such rent-receiver on account of compensation for the acquisition of his rent-receiving interests in any other area or areas in excess of the amount admissible under sub-section (1) and, if any such excess payment is found to have been made, deduct the amount of such excess from the amount of the compensation payable to him under such roll for the acquisition of such interests: Provided that no such deduction shall be made until a reasonable notice has been given to the rent-receiver to appear and be heard in the matter: Provided further that an appeal, if presented within thirty days from the date of the order making such deduction shall lie against such order to the prescribed superior Revenue Authority whose order thereon shall be final. (3) When any amount is deducted under sub-section (2) from the amount of any compensation payable to a rent-receiver under a Compensation Assessment-roll for the acquisition of his rent-receiving interests, the balance, if any, remaining after such deduction shall, for the purpose of section 58, be deemed to be the compensation payable to such rent-receiver in respect of such interests in the terms of the said roll.", "name": "Limits of and amount payable as compensation", "related_acts": "", "section_id": 68 }, { "act_id": 241, "details": "58. (1) When the time within which appeals under section 51 or under section 53 may be made in respect of any entry in or omission from a Compensation Assessment-roll has expired and, where any such appeal has been made under section 51, the time within which a reference may be made to the High Court under section 52 with regard to any order made by the Special Judge in relation to such appeal has also expired and all references made under section 52 in relation to all such appeals have been disposed of and all orders under sub-section (4) of that section arising out of such references have been passed and, where any appeal has been made under section 53, such appeal has been disposed of, the Revenue-officer shall proceed to make payment to the proprietors, tenure-holders and other rent-receivers, and to any groups of proprietors, tenure-holders or other rent-receivers and to the cultivating raiyats, cultivating under-raiyats and other persons, who are shown in such Compensation Assessment-roll as finally modified under section 54 to be entitled to compensation, of the compensation payable to them in the terms of the said roll after deducting from the amount of any compensation so payable any amount which has been ordered by the Collector to be so deducted under clause (b), (c), (d) or (dd) of sub-section (4) of section 3 or clause (5), (6), (6a) or (7) of section 44 and also any amount to be deducted from such compensation under clause (8) of section 44 or clause (2) of section 46E or section 76B and any amount recoverable from such compensation under Chapter X: Provided that if a rent-receiver applied for scaling down his debts under Chapter X of this Act, only half of the total amount of compensation payable to him under a Compensation Assessment-roll, less any amount to be deducted under clause (b), (c), (d) or (dd) of sub-section (4) of section 3 or clause (5), (6), (6a), (7) or (8) of section 44 or clause (2) of section 46E or section 76B, shall be paid to him and the payment of the other half shall be withheld until such application is disposed of and all debts recoverable from compensation money under that Chapter are recovered in accordance with the provisions of sub-section (7) of section 71: Provided further that no compensation payable to any person under a Compensation Assessment-roll for any land with building shall be paid till the Government takes khas possession of such land and building. (2) The amount of compensation so payable shall be paid in cash or in bonds or partly in cash and partly in bonds. The bonds shall be non-negotiable and payable in not more than forty annual instalments to the person named therein or his successor-in-interest and shall carry interest at three per centum per annum with effect from the date of issue. (3) If any person, entitled to receive such compensation in respect of any estate, tenure or holding or part thereof or any land, had no power to alienate such estate, tenure, holding, part or land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Revenue-officer shall keep the amount of compensation, or the bonds in which it is to be paid, in deposit with the Collector of the district: Provided that nothing herein contained shall effect the liability of any person who may receive the whole or any part of any compensation awarded under this Act to pay the same to the person lawfully entitled thereto. (4) Notwithstanding anything contained in sub-sections (2) and (3), an annuity referred to in clause (3) of section 37 or sub-section (1a) of section 39 shall be paid to the Commissioner of Wakfs in the case of a wakf or wakf-al-al-aulad and to a trustee to be appointed in this behalf by the Government in any other case. (5) If any compensation is paid to a person in excess of the amount admissible to him under sub-section (1) or if a person receives any compensation to which he is not legally entitled, the Collector may require such person to refund the amount within a period fixed. On the failure of such person to do so, the amount shall be treated as a “public demand” and shall be recovered from such person as a public demand under Article 4(i) of Schedule I of the Bengal Public Demands Recovery Act, 1913: Provided that nothing herein contained shall affect the criminal liability of the person concerned.", "name": "Manner of payment of compensation", "related_acts": "", "section_id": 69 }, { "act_id": 241, "details": "59. (1) If the amount of any compensation paid in bonds or in cash is deposited with the Collector of the district under sub-section (3) of section 58 and it appears to the Collector that the estate, tenure or holding or part thereof or any land in respect of which such amount has been awarded as compensation was held by any person who had no power to alienate the same, the Collector shall, where the amount is deposited in cash, order such amount to be invested in the purchase of such Government or other approved securities as the Collector thinks fit and shall direct the payment of the interest of such bonds or interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the interest in such estate, tenure, holding or part thereof or other land, as the case may be, if such interest had not vested in the Government under section 3 or section 44, and such bonds or securities shall remain so deposited until- (a)\tthey are made over to any person or persons becoming absolutely entitled thereto; or (b)\tthey are mature. (2) If, when such bonds or securities are mature, there is no person or persons absolutely entitled thereto, the Collector shall direct the investment of the proceeds of such bonds or securities in the purchase of such Government or other approved securities as the Collector thinks fit; and the provisions of sub-section (1) shall apply to such investment and to the interest and other proceeds arising from such investment as they apply to the investment made under sub-section (1) of the amount of compensation deposited in cash with the Collector under sub-section (3) of section 58 and the interest and other proceeds arising out of such investment. (3) In all cases of moneys, bonds and other securities deposited to which this section applies, the Collector of the district shall order the costs of the following matters including therein all reasonable charges and expenses incidental thereto, to be paid by the Government, namely:- (a)\tthe cost of such investments as aforesaid; (b)\tthe cost of the orders for the payment of the interest or other proceeds of securities upon which such moneys are for the time being invested or of such bonds or other securities, and of all proceedings relating thereto except such as may be occasioned by litigation between adverse claimants. (4) When any annuity is paid as compensation under sub-section (4) of section 58 to the Commissioner of Wakfs, the Commissioner of Wakfs shall pay the same to the Mutawalli or other person or persons who would for the time being have been entitled to the possession of the wakf property in respect of which such compensation has been awarded; and when any amount is paid as compensation under the said sub-section to a trustee appointed in this behalf by the Government, such trustee shall pay the same to the sebait or other person or persons who would for the time being have been entitled to the possession of the trust property in respect of which such Compensation has been awarded; and all costs for the payment of every such annuity under this sub-section shall be paid by the Government: Provided that the Commissioner of Wakfs or the Trustee may withhold the payment of the whole or any portion of such annuity until he is satisfied that amount of annuity paid in the preceding year under sub-section (4) of this section has been spent for the purpose for which such amount was paid.", "name": "Money or bonds deposited in respect of estates, tenures, holdings or lands belonging to persons incompetent to alienate", "related_acts": "", "section_id": 70 }, { "act_id": 241, "details": "60. If any dispute arises as to the title of any person to receive any compensation payable under a Compensation Assessment-roll or as to the apportionment of any such compensation or any part thereof, the Revenue-officer may refer such dispute to the Special Judge appointment under sub-section (4) of section 48 to enquire into such disputes for decision.", "name": "Dispute as to title or apportionment", "related_acts": "", "section_id": 71 }, { "act_id": 241, "details": "2760A. The provisions of clause (c) of sub-section (4) of section 3, clause (7) of section 44 and sections 61 to 68 shall not apply in the case of acquisition of rent-receiving interests on or after the date of coming into force of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956.", "name": "Certain sections not applicable to future acquisition", "related_acts": "", "section_id": 72 }, { "act_id": 241, "details": "61. For the purpose of clause (c) of sub-section (4) of section 3 or clause (7) of section 44, the expression “arrears” shall include the arrears in respect of which suits were pending on the date or day, as the case may be, referred to in the said clauses or in respect of which decrees, whether having the effect of a rent-decree or money-decree, were obtained before the said date or day and have not been satisfied and are not barred by limitation and shall also include the costs allowed by such decrees.", "name": "Definition of arrears", "related_acts": "", "section_id": 73 }, { "act_id": 241, "details": "62. (1) All arrears of rent and all cesses and interest, which have vested in the Government under clause (c) of sub-section (4) of section 3 or under clause (7) of section 44, shall be payable to the Government and not to anybody else; and no payment made in contravention of this sub-section shall be valid. (2) Subject to the provisions of sections 63, 64 and 65, all such arrears of rent and cesses and interest and all arrears of revenue and all cesses and interest referred to in clause (b) of sub-section (4) of section 3 or in clause (5) of section 44 may, without prejudice to any other mode of recovery, be recoverable by the Revenue-officer under the provisions of the Bengal Public Demands Recovery Act, 1913.", "name": "Payment and realisation of arrears", "related_acts": "", "section_id": 74 }, { "act_id": 241, "details": "63. If any suit by a rent-receiver or rent-receivers for the recovery of any arrears which have vested in the Government under clause (c) of sub-section (4) of section 3 or under clause (7) of section 44 or any proceeding in execution of a decree for the recovery of any such arrears is pending before any Civil Court on the date or day, as the case may be, referred to in the said clauses, such suit or proceeding, where such rent-receiver was the sole landlord or such rent-receivers constituted the entire body of co-sharer landlords, shall not be further proceeded with and shall be deemed to have been withdrawn and any such decree may be executed as if it were a certificate filed under the Bengal Public Demands Recovery Act, 1913.", "name": "Provision regarding Pending suits and proceedings", "related_acts": "", "section_id": 75 }, { "act_id": 241, "details": "64. (1) A certificate or decree for the recovery of any arrears of rent to the recovery of which the provisions of this Chapter apply shall not, in the case where the certificate or judgement-debtor is a tenant under the Government and where the arrears covered by such certificate or decree relate to any holding or land held by such tenant, be executed by arresting the certificate or judgment-debtor and detaining him in the Civil prison or by the attachment and sale of any movable or immovable property other than the holding or land to which such arrears relate. (2) If the holding or land to which such arrears relate has, before the execution of such certificate or decree, been sold in execution of any other decree or certificate, such arrears shall, notwithstanding anything contained in any other law for the time being in force, be a charge on such holding or land.", "name": "Realisation of arrears in respect of lands held by tenants under Government", "related_acts": "", "section_id": 76 }, { "act_id": 241, "details": "65. Where any certificate or decree is executed under this Chapter by the attachment and sale of any land which is held by the certificate or judgmet-debtor as a tenant under the Government, such sale shall, in areas where Part V applies, be subject to the provisions of section 90.", "name": "Sale of lands held by tenants under Government for arrears", "related_acts": "", "section_id": 77 }, { "act_id": 241, "details": "66. It shall be competent for the Certificate Officer in executing any certificate or decree under this Chapter to order the payment of the amount of such certificate or decree to be made by the certificate or judgment-debtor by instalments within a period not exceeding three years from the date of such order and to stay the execution of the certificate or decree for such period: Provided that in default of payment of any instalment, the certificate or decree may be executed for the whole of the outstanding balance thereof.", "name": "Power to grant instalments and stay execution", "related_acts": "", "section_id": 78 }, { "act_id": 241, "details": "67. (1) The Government shall pay to an outgoing rent-receiver to whom any arrears of rent and cesses and interest which have vested in the Government under clause (c) of sub-section (4) of section 3 or under clause (7) of section 44 were due immediately before the date or day, as the case may be, referred to in the said clauses a sum equivalent to fifty per centum of such arrears excluding interest, as computed in the manner prescribed, by way of compensation within a period not exceeding four years from the said date or day in such manner and in such instalments as may be prescribed: Provided that before making such payment, the Government may, after giving the outgoing rent-receiver an opportunity of being heard, deduct from such sum any debts and dues payable to Government by such rent-receiver. (2) Instead of proceeding under sub-section (1), the Government may pay, at such time and in such manner as may be prescribed to an outgoing rent-receiver, in lieu of the compensation payable under the sub-section, a sum equivalent to seventy per centum of the total amount actually collected by the Government out of such arrears and the provision of the proviso to sub-section (1) shall apply also to such payment. (3) The amount payable under sub-section (2) shall be deposited by the Collector in the prescribed manner with the 28Assistant Judge having jurisdiction and the 29Assistant Judge shall thereupon publish the particulars of the person to whom the amount is stated by the Collector to be due and invite claims from the co-sharers and superior landlords of such person, if any, against such amount and shall then make an award and disburse the amount amongst the persons who are found by him to have a valid claim.", "name": "Payment to outgoing rent-receivers", "related_acts": "", "section_id": 79 }, { "act_id": 241, "details": "68. Notwithstanding anything contained in any other law for the time being in force, in computing the period of limitation for the recovery under this Chapter of any arrears which have vested in the Government under clause (c) of sub-section (4) of section 3 or under clause (7) of section 44, a period of ten years on and from the date or day, as the case may be, on which such arrears have so vested under the said clauses and, where a suit or proceeding referred to in section 63 filed for the recovery of any such arrears was pending before any Civil Court, also the period for which such suit or proceeding was so pending, shall be excluded.", "name": "Computation of the period of limitation", "related_acts": "", "section_id": 80 }, { "act_id": 241, "details": "68A. The provisions of this Chapter shall apply in the cases of acquisition of rent-receiving interest on or after the date of coming into force of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956.", "name": "Application of this Chapter", "related_acts": "", "section_id": 81 }, { "act_id": 241, "details": "68C. All arrears of rent and cesses together with interest thereon, which remained due to any rent-receiver in respect of any interest on the date of acquisition of such interest under the provisions of this Act and which have not been barred by limitation, and all sums due to him in respect of any decree for such arrears whether having the effect of a rent decree or money decree and whether obtained before or after the date of acquisition, the execution of which is not barred by limitation, shall continue to be recoverable by such rent-receiver amicably or through Civil Court from the persons liable to pay them.", "name": "Arrears of rent and cesses due to a rent-receiver and decrees for such arrears", "related_acts": "", "section_id": 82 }, { "act_id": 241, "details": "68E. Notwithstanding anything contained in any other law for the time being in force, in computing the period of limitation for the recovery of any such arrears or for the execution of any decree in respect of such arrears, a period of forty-eight months on and from the date of acquisition under this Act of the rent-receiving interests to which such arrears relate shall be excluded.", "name": "Computation of the period of limitation", "related_acts": "", "section_id": 83 }, { "act_id": 241, "details": "68B. (1) All requisitions for recovery of arrears of rent and applications for execution of decrees for arrears of rent made by a rent-receiver under the provisions of Chapter IXA for which this Chapter is being substituted and pending before any Certificate Officer on the date of coming into force of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance 1957, shall, on such coming into force, stand transferred to the Civil Court which has jurisdiction to entertain a suit for the recovery of the arrears of rent to which such requisition or application relates. (2) On such transfer, the requisition or the application shall be deemed to be a plaint or application for execution of a decree, as the case may be, within the meaning of the Code of Civil Procedure, 1908, and the suit or application shall proceed in accordance with the provisions of law for the time being in force applicable for the recovery of such arrears or for the execution of such decree: Provided that the Civil Court to which such requisition or application stands transferred shall, before proceeding with the suit or execution case, realise the difference between the court-fees already paid before the Certificate Officer on such requisition or application and the court-fees payable on such plaint or application in the Civil Court.", "name": "Transitory Provisions in respect of pending cases before the Certificate Officer", "related_acts": "86", "section_id": 84 }, { "act_id": 241, "details": "68D. (1) Any such rent-receiver may apply to the Collector that he desires to have such arrears and interest, which are not barred by limitation, to be recovered by the Government in consideration of half the amount actually collected being paid to the Government. (2) The Collector may refuse such application for reasons to be recorded in writing. (3) If the Collector grants the application, it shall be competent for the Government to recover such arrears and interest as if they were public demands or in any other manner as if the Government were the rent-receiver. (4) The Collector shall, from time to time, in accordance with such rules as may be prescribed, send to the rent-receiver accounts of the amounts of arrears and interest aforementioned actually collected and shall pay to the rent-receiver half of the amount so collected and retain the other half for the Government. Such accounts shall be treated as conclusive and shall not be questioned in any manner. (5) The Government shall not be liable if it fails to recover the whole or any portion of such arrears and interest.", "name": "Option to have arrears collected Government on certain conditions", "related_acts": "", "section_id": 85 }, { "act_id": 241, "details": "69. (1) After the commencement of this Act, no Civil Court shall entertain any suit or execute any decree or order against any property of any rent-receiver, for the recovery of any debt which is liable to be scaled down under section 70, until all the interests of such rent-receiver which are liable to be acquired under this Act have been so acquired and compensation in respect of the acquisition of all such interests have been paid or deposited under section 58: Provided that if any rent-receiver fails to apply for the scaling down of his debts within the period mentioned in sub-section (1) of section 70, the provision of this sub-section shall cease to apply to his debts on the expiry of the said period. (2) Notwithstanding anything contained in any other law for the time being in force, in calculating the period of limitation applicable to a suit or an application for the execution of a decree or order, the time during which the institution of such suit or the execution of such decree or order is barred under sub-section (1) shall be excluded. (3) The amount of any debt recoverable under any decree or order the execution of which is barred under sub-section (1) shall be deemed to be reduced, if any such debt has been scaled down under section 70, by the amount by which such debt has been so scaled down.", "name": "Bar to execution of certain decrees and orders for the recovery of certain debts of rent-receivers", "related_acts": "", "section_id": 86 }, { "act_id": 241, "details": "70. (1) After the interests of a rent-receiver in a district, part of a district or local area have been acquired under this Act, the debts incurred by such rent-receiver before the 7th day of April, 1948, other than arrears of revenue, rent or cesses and other than debts and dues payable to the Government or to a Co-operative Society and also other than loans advanced for financing tea industry, shall, notwithstanding anything contained in any other law for the time being in force, be scaled down in the following manner if the rent-receiver has applied in the prescribed manner for scaling down his debts to the Revenue-officer authorised under sub-section (1) of section 71 within 3 months of the publication under section 42 of the Compensation Assessment-roll in respect to his interests or lands which have been acquired first under section 3 or section 44:- (a)\tin the case of debt secured by a mortgage or charge on the interests of a rent-receiver which have been acquired under the provisions of this Act, the debt shall be scaled down proportionately to the reduction in the net income suffered by such a rent-receiver as a result of the acquisition of the interests concerned; (b)\tin the case of a debt secured by a mortgage or charge partly on the interests of a rent-receiver which have been acquired under this Act and partly on other properties which have not been so acquired under this Act, the debt shall be divided into two parts in the same ratio as the net annual income of the rent-receiver, as calculated in the manner prescribed, from the interests mortgaged or charged which have been acquired bears to the net annual income from the properties mortgaged or charged which have not been so acquired; and the part of the debt proportionate to the net annual income from the interests which have been acquired shall be scaled down proportionately to the reduction of the net annual income suffered by the rent-receiver as a result of the acquisition of the interests concerned; (c)\tin the case of a debt not secured by any mortgage or charge on any interest or property, whether immovable or movable, of the rent-receiver, the debt shall be divided into two parts in the same ratio as the net annual income of the rent-receiver, calculated in the manner prescribed, from the interests, which have been acquired under this Act, bears to the net annual income of the rent-receiver from the properties which have not been so acquired and from other sources; and the part of the debt proportionate to the net annual income from the interests which have been acquired shall be scaled down proportionately to the reduction in the net annual income suffered by the rent-receiver as a result of the acquisition of the interests concerned: Provided that no portion of the debt of any rent-receiver shall be scaled down if the total of the debts apportioned under clauses (a), (b) and (c) on the interests or lands of the rent-receiver acquired under this Act be less than one-fourth of the total amount of the compensation money payable under this Act to such rent-receiver: Provided further that the debts liable to be scaled down under this section shall not be scaled down to an amount less than one-fourth of the total amount of such compensation money. 31(1a) Notwithstanding anything contained in sub-section (1), a rent-receiver, in respect of whose interest the Compensation Assessment-roll has been published under section 42 on or before the 15th day of March, 1955, may apply in the manner and to the officer laid down in that sub-section for scaling down his debts referred to therein within three months from the coming into force of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956. 32(1b) Notwithstanding anything contained in sub-section (1) or (1a), a rent-receiver whose properties were under the management of the Court of Wards under the Court of Wards Act, 1879 and in respect of whose interest the Compensation Assessment-roll has been published under section 42 before the date of coming into force of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1959, may apply in the manner and to the officer as laid down in sub-section (1) for scaling down his debts referred to therein within 3 months from the said date. (2) If any rent-receiver holds lands and other immovable properties, including those which will not be acquired under this Act, in different areas, then, notwithstanding anything contained in this section, action shall not be taken for the scaling down of the debts under this section until a Compensation Assessment-roll or Compensation Assessment-rolls in respect of all such areas has or have been prepared under this Act and finally modified under section 54. (3) The extent of reduction in the net income of a rent-receiver referred to in clauses (a), (b) and (c) of sub-section (1) shall be determined in accordance with the rules made in this behalf by the Government. (4) The net annual income referred to in clauses (b) and (c) of sub-section (1) from the properties which have not been acquired under this Act and the income from other sources shall be calculated in accordance with the rules made in this behalf by the Government. (5) Notwithstanding anything contained in any other law for the time being in force or in any contract,- (a)\tno creditor shall be entitled to recover in respect of any debt referred to in clause (a) of sub-section (1) any sum in excess of the debt as scaled down under that sub-section; and the liability of the rent-receiver for the balance of the debt shall be extinguished; (b)\tno creditor shall be entitled to recover from the rent-receiver, in respect of the part of any debt which has been apportioned under clauses (b) and (c) of sub-section (1) to the interests of the rent-receiver which have been acquired under this Act, any sum in excess of the amount to which such part of the debt has been scaled down under clauses (b) and (c) of sub-section (1); and the liability of the rent-receiver for the balance of such part of the debt shall be extinguished: Provided that the aggregate of all debts of a rent-receiver so reduced under clauses (a), (b) and (c) of sub-section (1) shall be recoverable only from the compensation money payable for the acquisition of all his interests under this Act, and shall be limited to and shall not exceed half of the total compensation money so payable: Provided further that no portion of the debt of a rent-receiver apportioned under clause (b) or (c) of sub-section (1) on his properties which have not been acquired, and no portion of his debt secured entirely by a mortgage or charge on such properties, shall be recoverable from any compensation money payable to such rent-receiver under this Act; and (c)\tsubject to the first proviso to clause (b), in the matter of recovery of debts from compensation money, the debts secured by the mortgage or charge on the interests of the rent-receiver in any land or other immovable property shall have preference in the sequence in which such mortgage or charge was created over the debts not so secured; and any amount available after payment of the debts so secured shall be rateably distributed for payment of the debts not so secured. Explanation.- For the purpose of this section, the lands retained by a rent-receiver under the provisions of section 20 shall be deemed as not acquired under the Act.", "name": "Scaling down of debts and recovery thereof", "related_acts": "39", "section_id": 87 }, { "act_id": 241, "details": "71. (1) It shall be competent to the Government to authorise any Revenue-officer to scale down the debts of rent-receivers in any area under section 70 and to take other actions required or permitted by that section. (2) A Revenue-officer, authorised under sub-section (1), shall publish in the prescribed manner a notice calling upon every creditor to submit to him within a prescribed period and in a prescribed form a statement showing all debts of the nature referred to in sub-section (1) of section 70 owed to him by the rent-receivers in such area whose interests have been acquired under section 3 or section 44 and who have applied under sub-section (1) of section 70 for scaling down their debts and such other particulars as may be prescribed. (3) A creditor who has failed to submit under sub-section (2), within the period referred to therein, the statement of any debt of the nature referred to in sub-section (1) of section 70, the liability of the debtor to pay such debt shall, notwithstanding anything contained in any other law for the time being in force, be deemed to be extinguished. (4) After the expiry of the period referred to in sub-section (2), the Revenue-officer shall examine the statements of debts and other particulars submitted under that sub-section and shall, after giving the creditors and the debtors an opportunity of being heard and making such enquiries as he deems fit, make necessary modification in such statements. (5) After a statement of debts has been examined and necessary modifications made therein under sub-section (4), the Revenue-officer shall proceed to scale down all debts shown in such statement as so modified in accordance with the provisions of section 70 and to take other actions in respect of such debts required or permitted by that section and in doing so and taking all other actions required or permitted by this Chapter the Revenue-officer shall follow such rules relating to procedure and other matters as may be made in this behalf by the Government. (6) An appeal, if presented within a prescribed period, shall lie against an order passed by a Revenue-officer under this section to a Special Judge appointed under sub-section (4) of section 48; and the decision of the Special Judge and subject only to such decision and order of the Revenue-officer shall be final. (7) A debt recoverable under this Chapter from the total compensation money payable to the debtor under a Compensation Assessment-roll or Compensation Assessment-rolls shall be so recoverable in the manner prescribed.", "name": "Government to authorise Revenue-officer to take action under section 70", "related_acts": "", "section_id": 88 }, { "act_id": 241, "details": "72. Save as expressly provided in this Part, no suit shall be brought in any Civil Court in respect of the preparation, signing and publication of a Compensation Assessment-roll or any part thereof under Chapter V or Chapter VA or in respect of any entry in or omission from such roll or in respect of any order passed under Chapters V to X concerning any matter which is or has already been the subject of any application made or proceedings taken under those Chapters.", "name": "Bar to jurisdiction of Civil Courts in certain matters", "related_acts": "", "section_id": 89 }, { "act_id": 241, "details": "73. A Revenue-officer, subject to any rules made under this Act, may at any time between the hours of sunrise and sunset 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 upon land, to make survey, etc.", "related_acts": "", "section_id": 90 }, { "act_id": 241, "details": "74. (1) Subject to rules made under this Act, a Revenue-officer 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 estate, tenure, holding or land at a time or 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 33* * * Penal Code.", "name": "Power to compel production of statements and documents", "related_acts": "", "section_id": 91 }, { "act_id": 241, "details": "75. For the purposes of any enquiry under this Act, a Revenue-officer shall have power to summon and enforce the attendance of witnesses or of any person having an interest in any estate, tenure, holding or land 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 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": 92 }, { "act_id": 241, "details": "3475B. An application for fresh enquiry during the preparation or revision of record-of-rights or preparation of Compensation Assessment-rolls under this Act shall be accompanied by such fee as may be prescribed.", "name": "Fees for application for enquiry", "related_acts": "", "section_id": 93 }, { "act_id": 241, "details": "3575A. (1) On and from the date of publication of a notification under sub-section (3) of section 17 or under sub-section (1) of section 31, no person shall sublet any land in his khas possession in the area to which such notification relates. (2) Any subletting made in contravention of sub-section (1) shall be null and void and the land so sublet shall be forfeited to the Government. (3) Any person may, at any time, apply to the Government for the acquisition of any of his khas lands under sub-section (2) of section 3 on payment of compensation at the rate prescribed for such land in section 39.", "name": "Prohibition of subletting", "related_acts": "", "section_id": 94 }, { "act_id": 241, "details": "3676B. When the Revenue-officer is satisfied that a rent-receiver, whose interests have been acquired under this Act, has realised any amount on account of the rent or bid money or consideration money in respect of any such interests for any period subsequent to such acquisition he may recover such amount or any part thereof from such rent-receiver as a public demand.", "name": "Recovery of advance rent or bid money realised by outgoing rent-receivers", "related_acts": "", "section_id": 95 }, { "act_id": 241, "details": "76. (1) Except as otherwise expressly provided in this Act, any land which vests in the Government under any of the provisions of this Act shall be absolutely at the disposal of the Government; and the Government shall be competent to make settlement of such land in accordance with such rules as it may make in this behalf or to use or otherwise deal with such land in such manner as it thinks fit: Provided that no land shall be settled with a person unless he is a person to whom transfer of land can be made under section 90: Provided further that in making settlement of any cultivable land preference shall be given to an applicant for settlement who cultivates land by himself or by the members of his family and holds a quantity of cultivable land which, added to the quantity of cultivable land, if any, held by the other members of his family, is less than three acres. (2) No Civil Court shall entertain any application or suit concerning any matter relating to the settlement, by any officer of the Government, of any land under sub-section (1). Explanation.- For the purposes of this section, the definition of “family” as given in the explanation under section 20 shall apply mutatis mutandis.", "name": "Settlement and use of land vested in the Government", "related_acts": "", "section_id": 96 }, { "act_id": 241, "details": "3776A. Notwithstanding anything contained in any other law for the time being in force or in any contract,- (1)\twhen the interests of a rent-receiver or rent-receivers in a share or part of any estate have been acquired by the Government under sub-section (1) of section 3 or clause (1) of section 44, nothing in the Bengal Land Revenue Sales Act, 1859 or in Chapter V of the Assam Land and Revenue Regulation, 1886, shall apply to such share or part, and the remaining share or part of such estate shall be deemed to constitute a separate for the purpose of the aforesaid Act or Regulation, as the case may be; and (2)\tthe land-revenue and cesses payable for the parent estate shall be apportioned, between the acquired share or part and the separate estate constituted under clause (1), according to the following principles, namely:- (a)\twhen an acquired share consists of a separate account or separate accounts, the land-revenue and cesses of such separate estate shall be equivalent to the difference between the land-revenue and cesses payable for the parent estate and the land-revenue and cesses fixed for the acquired separate account or accounts; (b)\twhen an acquired share does not consist of a separate account, the land-revenue and cesses of such separate estate shall bear the same proportion to the land-revenue and cesses of the parent estate as the share comprised in the separate estate bears to the parent estate; (c)\twhen an acquired share consists of a specific portion of the land of an estate having no separate account or when a part of an estate is acquired, the land-revenue and cesses of such separate estate shall bear the same proportion to the land-revenue and cesses of the parent estate as the area of the land comprised in the separate estate bears to the area of the entire land comprised in the parent estate; (3) when the interests in a portion of a tenure, holding or other tenancy have been acquired under this Act and such portion consists of a definite share, the rent of such tenure, holding or tenancy shall be apportioned between the acquired and unacquired portions according to such share, but when it does not consist of a definite share, the Revenue-officer may apportion the rent of such tenure, holding or tenancy between the acquired and unacquired portions on the basis of the area or value as may appear to him fair and equitable.", "name": "Creation of separate estate and apportionment of revenue", "related_acts": "", "section_id": 97 }, { "act_id": 241, "details": "77. (1) 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 in pursuance of this Act or any rules made thereunder. (2) Save as otherwise expressly provided under this Act, no suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused or for any injury suffered or likely to be suffered by virtue of any provisions of this Act or by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.", "name": "Protection of action taken under this Act", "related_acts": "", "section_id": 98 }, { "act_id": 241, "details": "3877A. The Government may, by notification, direct that any power conferred or duty imposed by this Act upon the Government shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised or performed also by any officer or authority subordinate to it.", "name": "Delegation of the powers of the Government", "related_acts": "", "section_id": 99 }, { "act_id": 241, "details": "78. (1) The Government may, after previous publication, make rules for carrying out the purposes of Parts II, III and IV 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 the notifications referred to in sub-section (3) of section 3 and the particulars which such notifications shall contain; (b)\tthe manner of service of the notice and the form of the return referred to in sub-section (1) of section 4; (c)\tthe time and manner of receiving an ad interim payment referred to in sub-section (1) and (2) of section 6; (d)\tthe determination of the amounts of deductions referred to in sub-section (4) of section 6; (e)\tthe manner of and the period for filling appeals referred to in section 7; (f)\tthe manner of recovery of fines referred to in section 8; 39* * * (h)\tthe form of the applications referred to in section 15, the particulars which such applications shall contain and the amounts of process fees which shall accompany such applications; (i) the manner of preparing or revising a record-of-rights under section 17 and the procedure to be followed and the powers to be exercised by Revenue-officers in preparing or revising such record-of-rights; (j)\tthe particulars to be recorded in the record-of-rights to be prepared or revised under section 17; (k)\tthe manner and period of publication of the draft record-of-rights under sub-section (1) of section 19;  (l)\tthe Revenue Authority to whom, the manner in which and the period within which an appeal under sub-section (2) of section 19 may be preferred; (m)\tthe disposal of objections and appeals under section 19; (n)\tthe manner of publication of the record-of-rights under sub-section (3) of section 19; (o)\tthe period for exercise of choice under sub-section (3) of section 20 and the manner of allotment of lands under the said sub-section when no choice is exercised; (p)\tthe manner of selection of lands under clause (ii) of sub-section (5) of section 20 which shall come within the purview of sub-clause (c) of clause (i) of the said sub-section; (q)\tthe manner of and the procedure for revising the particulars referred to in sub-section (2) of section 31 and the powers to be exercised by Revenue-officer for the purpose; (r) \tthe form of a Compensation Assessment-roll under section 33, the manner of preparing it and the particulars to be specified therein; (s) \tthe manner of calculation of the sums and determination of the expenditure and charges referred to in sub-section (2) of sections 35; (t) \tthe procedure to be followed in the apportionment of the compensation between the holder of a temporary tenure or tenancy and his immediately superior landlord under clause (2) of section 37; (u)\tthe manner of and the procedure for the calculation of compensation and preparation of Compensation Assessment-rolls in cases referred to in section 38; (v) \tthe manner of determination of the annual letting value of lands referred to in items (e) and (f) and the manner of determination of the actual cost of construction and the amount on account of depreciation referred to in item (f) of the table in sub-section (1) of section 39; (w)\tthe manner of determination of the normal annual produce of land under clause (a) of sub-section (3) of section 39; (x)\tthe manner of determination of the cost of cultivation referred to in sub-clause (i) of clause (b) of sub-section (3) of section 39; (y)\tthe manner of determination of net annual profit from fisheries referred to in sub-section (4) of section 39; (z)\tthe procedure to be followed in making the apportionment of compensation referred to in sub-section (5) of section 39; (za)\tthe manner and period of publication of a draft Compensation Assessment-roll under sub-section (1) of section 40 and disposal of objections under that sub-section; (zb)\tthe Revenue Authority to whom appeals under section 41 are to be preferred and disposal of appeals under that section; (zc)\tthe manner of publication of a Compensation Assessment-roll under section 42; (zd)\tthe manner of publication of a proclamation under section 45; (ze)\tthe assignment under sub-section (1) of section 46 of numbers to be borne on the revenue-roll of a district in respect of areas to which a record-of-rights referred to in that sub-section relates and the manner in which copies of record-of-rights shall be distributed under sub-section (2) of that section; (zf)\tthe powers and duties of the Commissioner of State Purchase referred to in sub-section (2) of section 48; (zg)\tthe powers and duties of the Director of Land Records and Surveys referred to in sub-section (3) of section 48; (zh)\tthe form of application referred to in sub-section (1) of section 52 or in section 53; (zi)\tthe manner of ascertaining excess payment under sub-section (2) of section 57 and the superior Revenue Authority referred to in the second proviso to that sub-section; (zj) \tthe manner of computing the sum referred to in section 67 and the manner and instalments for its payment to an outgoing rent-receiver under the said section; (zk)\tthe manner of application under sub-section (1) of section 70; (zl)\tthe manner of and the procedure for the determination of the extent of reduction in the net income referred to in sub-section (3) of section 70; (zm) \tthe manner of and the procedure for the calculation of the net annual income and the income referred to in sub-section (4) of section 70; (zn)\tthe manner of publication of a notice under sub-section (2) of section 71 and the form in which and the period within which a statement referred to in that sub-section is to be submitted and the particulars which such statement shall contain; (zo)\tthe rules referred to in sub-section (5) of section 71; (zp)\tthe period for presenting an appeal under sub-section (6) of section 71; (zq)\tthe manner of recovery of debts under sub-section (7) of section 71; (zr)\tthe procedure and conduct of the Revenue-officers and of officers and servants referred to in section 73; (zs)\tthe exercise of powers under sub-section (1) of section 74 to enforce the making and delivery of statements and production of records or documents; (zt)\tthe rules for settlement of lands referred to in section 76.", "name": "Power to make rules", "related_acts": "", "section_id": 100 }, { "act_id": 241, "details": "79. This Part or any portion thereof shall come into force in such areas, on such dates and to such extent as the Government may, by notification, direct and when any portion of this Part comes into force in any area, the provisions of such portion shall have effect in such area notwithstanding anything contained in any other law for the time being in force.", "name": "Commencement of this Part", "related_acts": "", "section_id": 101 }, { "act_id": 241, "details": "80. On and from the date of coming into force of the whole of this Part in any area, the enactments specified in the Schedule shall be repealed in that area to the extent mentioned in the fourth column of the Schedule.", "name": "Repeal", "related_acts": "", "section_id": 102 }, { "act_id": 241, "details": "4081B. Notwithstanding anything contained in sections 81 and 81A or any other law for the time being in force, no agricultural or non-agricultural tenancy shall in law be created or deemed to have been created, even after acceptance of salami and/or rent from the lessee, till a deed of lease has been executed in favour of the lessee by an authority competent to grant lease of Government khas land or any other gazetted officer duly authorised in this behalf and the said lease has been duly registered under the provision of clause (d) of sub-section (1) of section 17 of the Registration Act, 1908.", "name": "Registration of lease deed", "related_acts": "90", "section_id": 103 }, { "act_id": 241, "details": "81. (1) On and from the date of coming into force of the whole of this Part in any area, there shall, within that area, be only one class of holders of agricultural land, namely, maliks, and the rights and liabilities of every such land-holder shall be regulated by the provisions of this Part: Provided that nothing in this section shall confer on any such malik any right to any interests in the sub-soil including rights to minerals in his holding: Provided further that when the Government lease out any land for any particular period, the rights and liabilities of such a lessee shall be governed by such terms and conditions as may be set forth in the lease.", "name": "Class of agricultural tenants and regulation of their rights and liabilities", "related_acts": "", "section_id": 104 }, { "act_id": 241, "details": "4181A. (1) Except as otherwise provided in this Part, the rights and liabilities of a holder of non-agricultural land, who has become a tenant under the Government in respect of such land by virtue of the acquisition of the superior right in such land under the provisions of this Act, shall, where the provisions of the East Bengal Non-Agricultural Tenancy Act, 1949, applied to such land, at the time of such acquisition, be regulated by provisions of that Act. (2) The rights and liabilities of other non-agricultural tenants shall, except in the matter of determination, enhancement or reduction of rent, be governed by the terms of the lease and the provisions of the Transfer of Property Act, 1882: Provided that notwithstanding anything contained in this Act or in any other law for the time being in force or in any contract, no non-agricultural tenant shall sublet the whole or any part of his tenancy on any terms and conditions whatsoever and, if any tenancy or any part of a tenancy is sublet in contravention of this provision, the interest of the non-agricultural tenant in the tenancy or in that part of the tenancy, as the case may be, shall be extinguished, and the tenancy or the part of the tenancy shall vest in the Government from the date of such subletting free from all encumbrances.", "name": "Rights and liabilities of non-agricultural tenants", "related_acts": "48", "section_id": 105 }, { "act_id": 241, "details": "82. In this Part,- (1) “bona fide cultivator” means a person who cultivates lands by himself or by members of his family or by, or with the aid of, servants or labourers or with the aid of partners or bargadars, and also includes an agricultural labourer; (2) “raiyat” means a person who, by virtue of section 44 or otherwise, has acquired a right to hold land directly under the Government mainly for the purpose of cultivating it by himself or by members of his family or by, or with the aid of, servants or labourers or with the aid of partners or bargadars, and includes also the successors-in-interest of persons who have acquired such a right; (3) the family of a raiyat includes all persons living in the same mess with him and dependent upon him but does not include any servant or labourer ; 42* * *  (7) except when expressly provided otherwise, 'transfer' includes a transfer by private sale, mortgage, gift or any contract or agreement; and (8) on and from the date of coming into force of the whole of this Part in any area, the word 'malik' shall be deemed to have been substituted for the word raiyat or 'tenant' and the word 'land revenue' shall be deemed to have been substituted for the word 'rent' wherever they occur in this Part in relation to agricultural land, for the purpose of application of the provisions of this Part to such area and where by the terms of any lease, kabuliyat, contract or other agreement, rent is payable to the Government, it shall be realisable as if it were land revenue. Explanation.- Where a tenant of land has the right to bring it under cultivation, he shall be deemed to have acquired a right to hold it for the purpose of cultivation, notwithstanding that he uses it for the purpose of gathering the produce of it or of grazing cattle on it.", "name": "Interpretation", "related_acts": "", "section_id": 106 }, { "act_id": 241, "details": "83. A raiyat shall have the right to occupy and use the land comprised in his holding in any manner he likes.", "name": "Rights of raiyat in respect of use of land", "related_acts": "", "section_id": 107 }, { "act_id": 241, "details": "84. If a raiyat dies intestate his holding shall subject to, and in a manner not inconsistent with, the provisions of this Act, descend in the same manner as his other immovable property: Provided that in any case in which under the law of inheritance, to which the raiyat is subject his other property goes to the State, his interest in the holding shall be extinguished.", "name": "Devolution of holding on the death of a raiyat", "related_acts": "", "section_id": 108 }, { "act_id": 241, "details": "85. A raiyat shall not be ejected from his holding or from any part of his holding, except in execution of a decree for ejectment from the whole holding or from any part of the holding, as the case may be, passed by a Civil Court, on the ground that he has done any act in contravention of the provisions of this Act with respect to the whole holding or the Part concerned.", "name": "Ground for eviction of raiyats", "related_acts": "", "section_id": 109 }, { "act_id": 241, "details": "86A. No suit, prosecution or other legal proceeding shall lie in any court in respect of any land covered under section 86 during a period of twelve months commencing on the date of first giving public notice under sub-section (4) of section 86 in order to enable the Collector to complete the processes under that section.", "name": "Bar on suits, etc, for certain period", "related_acts": "", "section_id": 110 }, { "act_id": 241, "details": "4386. (1) If the lands of a holding or a portion of such lands are lost by diluvion, the rent or the land development tax of holding shall, on application or intimation made by the tenant in the prescribed form to the Revenue-officer, be abated by such amount as may be considered by the Revenue-officer to be fair and equitable in accordance with the rules made in this behalf by the Government and the act of such loss by diluvion shall be recorded in accordance with such rules, which shall be treated as proof of title to the lands when the same re-appear in situ. (2) Notwithstanding anything contained in any other law for the time being in force, the right, title and interest of the original tenant or his successor-in-interest shall subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appear in situ within thirty years of their loss. (3) Notwithstanding the right, title and interest under sub-section (2), the right to immediate possession of the lands re-appeared shall first be exercised by the Collector, either on his own motion or on an intimation made in writing by the tenant or his successors-in-interest whose land was so lost or by any other person. (4) Notwithstanding anything contained elsewhere in this Act, the Collector or the Revenue-officer shall, on taking possession of such lands give public notice of the fact of his taking possession in accordance with the rules made in this behalf by the Government and cause a survey to be made of the lands so re-appeared and prepare maps thereof. (5) The Collector shall, within 45 days of the completion of survey and preparation of map under sub-section (4), allot to the tenant whose land was so lost by diluvion or, as the case may be, to his successors-in-interest such quantity of land which, together with the land already held by him or his successors-in-interest, shall not exceed sixty standard bighas and the excess land of the tenant or his successors-in-interest, if any, after the allotment shall vest in and be at the disposal of the Government. (6) The lands allotted under sub-section (5) shall be free of salami but shall be subject to the condition that the tenant or his successors-in-interest shall be liable to pay such fair and equitable rent and land development tax as may be determined by the Revenue-officer. (7) The provision of this section shall not apply to cases of re-appearance of land caused or accelerated by any artificial or mechanical process as a result of development works undertaken by the Government or any authority empowered or authorised by or under any law to undertake such development works.", "name": "Abatement of rent on account of diluvion and determination of right in land re-appeared on account of alluvion", "related_acts": "", "section_id": 111 }, { "act_id": 241, "details": "4487. 45(1) Notwithstanding anything contained in any other law for the time being in force, when any land has been gained by accession, whether from the recess of a river or of the sea, it shall not be considered as an increment to the holding or tenancy to which it may be thus annexed, but shall vest absolutely in the Government of the People's Republic of Bangladesh and shall be at their disposal. 46(2) The provision of sub-section (1) shall apply to all lands so gained whether before or after the 28th June, 1972, but shall not apply to any land so gained before the said date if the right of a Malik to hold such land as an increment to his holding was finally recognised or declared by a competent authority or court before the date of commencement of the State Acquisition and Tenancy (Sixth Amendment) Order, 1972 (P.O. No. 137 of 1972) under the law then in force. (3) All suits, applications, appeals or other proceedings for the assertion of any claim to hold, as an increment to any holding, any land gained or alleged to have been gained from the recess of a river or of the sea, pending before any court or authority on the date of commencement of the said Order shall not be further proceeded with and shall abate and no court shall entertain any suit, application or other legal proceedings in respect of any such claim.", "name": "Rights in land gained by accession from recess of river or sea", "related_acts": "", "section_id": 112 }, { "act_id": 241, "details": "88. The holding of a raiyat or a share or portion thereof shall, subject to the provisions of this Act, be capable of being transferred by him in the same manners and to the same extent as his other immovable property 47: Provided that the khas lands of a tea garden retained under sub-section (2) of section 20, or any portion thereof, shall not be transferred without the prior sanction in writing of the Deputy Commissioner and that the proposed transfer shall not in any way disrupt the entity of the tea garden as a whole or in any way affect the cultivation of tea for which the land is held.", "name": "Transferability of holding of raiyats", "related_acts": "", "section_id": 113 }, { "act_id": 241, "details": "89. (1) Every such transfer shall be made by registered instrument, except in the case of a bequest or a sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act, 1913; and a Registering officer shall not accept for registration any such instrument unless the sale price, or where there is no sale price, the value of the holding or portion or share thereof transferred is stated therein and unless it is accompanied by- (a) \ta notice giving the particulars of the transfer in the prescribed form together with the process fee prescribed for the transmission thereof to the Revenue-officer; and (b)\tsuch notices and process fees as may be required by sub-section (4). (2) In the case of a bequest of such a holding or portion or share thereof, no Court shall grant probate or letters of administration until the applicant files a notice similar to, and deposits a process fee of the same amount as, that referred to in clause (a) of sub-section (1). (3) No Court or Revenue Authority shall confirm the sale of such a holding or portion or share thereof put to sale in execution of a decree or a certificate signed under the Bengal Public Demands Recovery Act, 1913 and no Court shall make a decree or order absolute for foreclosure of a mortgage of such a holding or portion or share thereof, until the purchaser or the mortgagee, as the case may be, files a notice or notices similar to, and deposits process fees of the same amount as, that referred to in sub-section (1). (4) If the transfer of a portion or share of such a holding be one to which the provisions of section 96 apply, there shall be filed notices giving particulars of the transfer in the prescribed form together with process fees prescribed for the service thereof on all the co-sharer tenants of the said holding who are not parties to the transfer and for affixing a copy thereof in the office of the Registering officer or the Court house or the Office of the Revenue Authority, as the case may be. (5) The Court, Revenue Authority or Registering officer, as the case may be, shall transmit the notice referred to in clause (a) of sub-section (1) to the Revenue-officer and shall serve the notices on the co-sharer tenants referred to in sub-section (4) by registered post and shall cause a copy of the notice to be affixed in the Court house or in the Office of the Revenue Authority or of the Registering Officer, as the case may be: Provided that the service of such a notice shall not operate as an admission of the amount of rent or the area of such holding by the Government or by any co-sharer tenant of such holding on whom such notice is served or be deemed to constitute an express consent of the Government or such co-sharer tenant to the division of the holding or to the distribution of the rent payable in respect thereof: Provided further that if a transfer is subsequently set aside or modified by a competent authority in any suit, appeal or other proceedings to which the Revenue-officer was not a party, the authority before whom the appropriate suit or proceedings was first initiated shall transmit a copy of such order to the Revenue-officer. (6) In this section- (a)\t“transferee”, “purchaser” and “mortgagee” include their successors-in-interest, and (b)\t“transfer” dose not include partition or, until a decree or order absolute for foreclosure is made, simple or usufructuary mortgage or mortgage by conditional sale.", "name": "Manner of transfer", "related_acts": "98", "section_id": 114 }, { "act_id": 241, "details": "90. (1) Notwithstanding anything contained in any other law for the time being in force, no person shall, after the commencement of this Part, be entitled to purchase or otherwise acquire, except in accordance with the provisions of this Part, any quantity of land which added to the total quantity of land already held by him for himself and his family exceeds three hundred and seventy-five standard bighas. (2) Notwithstanding anything contained in any other law for the time being in force, the holding of a raiyat or a share or portion thereof shall not be transferred whether by sale or gift or bequest or otherwise or by sale in execution of a decree or of a certificate signed under the Bengal Public Demands Recovery Act, 1913, except to a bona fide cultivator, and any other tenancy or a share or portion thereof shall not be transferred by any such means except to a person, who holds for the time being lands for himself and his family of a total area of less than three hundred and seventy-five standard bighas; and no such transfer shall be valid if, on such transfer, the area of the land so transferred added to the area of land held by the transferee at the time of such transfer exceeds three hundred and seventy five standard bighas: Provided that nothing in sub-sections (1) and (2) shall render a transfer to any person or co-operative society invalid where the total area of the land held by such person or co-operative society on such transfer exceeds three hundred and seventy-five standard bighas, if- (i)\tsuch person has been certified by the prescribed Revenue Authority to be a person who has undertaken large scale farming by the use of power driven mechanical appliances, and (ii)\tin the case of a co-operative society, the prescribed Revenue Authority has certified that such society has been formed by a group of cultivating land owners for better farming, irrespective of whether it uses power driven mechanical appliances or not, and that the ownership of the land has been transferred unconditionally to the society by the individual members, and, in either case, such transfer is limited to the extent specified in the certificate granted by such Revenue Authority: Provided further that nothing in sub-section (1) or (2) shall apply to the transfer of lands to a person who is bona fide carrying on the cultivation of tea or to a co-operative society or company which is bona fide carrying on the cultivation of sugarcane for the purpose of manufacture of sugar by that society or company or to any other company the object of which is to develop industries by the manufacture of commodities. (3) Notwithstanding anything contained in sub-section (1) or (2), a person who is not a bona fide cultivator, may, with the previous written permission of the prescribed Revenue Authority, purchase or otherwise acquire such quantity of land as may be specified in such permission, for occupation and use for commercial or industrial purposes or for charitable or religious purposes. (4) Notwithstanding anything contained in sub-section (1) or (2), a person who is not a bona fide cultivator, may, with the previous written permission of the prescribed Revenue Authority, purchase or otherwise acquire, such quantity of land as may be specified in the permission, for the purpose of constructing a dwelling house for himself and his family or for the purpose of cultivating such land by himself or by the members of his family or by, or with the aid of, servants or labourers or with the aid of partners or bargadars; and such person shall hold the land so acquired as a tenant under the Government: Provided that no such person shall be allowed to hold any area of land in excess of the limit imposed in sub-section (1): Provided further that, in case of land acquired by such person for the purpose of constructing a dwelling house for himself or his family, if no dwelling house is constructed on the land within five years from the date of such acquisition, the right of such person in such land shall be extinguished and the land shall vest on the Government. (5) Any transfer of a holding or tenancy or of a share or portion thereof made in contravention of the provisions of this section shall be void, and the lands comprised in the holding or tenancy or share or portion thereof so transferred shall vest absolutely in the Government free from all encumbrances.", "name": "Limitation of transfer of holding", "related_acts": "", "section_id": 115 }, { "act_id": 241, "details": "91. Notwithstanding anything contained in any other law for the time being in force, when any area of land which has devolved on a person by inheritance added to the total area of land already in his possession exceeds the limit laid down in section 90, it shall be lawful for the Government to acquire an area of such land, equivalent to such excess, to be selected according to the choice of such person, on payment of compensation at the rates laid down in sub-section (1) of section 39.", "name": "Power of acquiring excess land devolved by inheritance", "related_acts": "", "section_id": 116 }, { "act_id": 241, "details": "92. (1) The interest of a raiyat in a holding shall be extinguished- (a) \twhen he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject; (b)\twhen he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer; (c)\twhen he voluntarily abandons his residence without making any arrangement for payment of the rent as it falls due and cesses to cultivate his holding either by himself or by members of his family or by, or with the aid of, servants or labourers or with the aid of partners or bargadars for a period of three successive years; or- (d) \twhen such interest has devolved by inheritance, under the law of inheritance to which such raiyat is subject, on a person who is not a bona fide cultivator and such person has not cultivated the land comprised in the holding either by himself or by members of his family or by, or with the aid of, servants or labourers or with the aid of partners or bargadars during the period of five years from the date on which such interest has so devolved on him and there is no sufficient cause why he has not so cultivated the land. (2) When the interest of a raiyat in a holding is extinguished under sub-section (1), the Revenue-officer may enter on the holding; and the holding shall, with effect from the date on which the Revenue-officer so enters on it, vest absolutely in the Government free from all encumbrances except the encumbrances on the holding which is extinguished under clause (a) of the said sub-section, but the persons whose interests in the holdings are extinguished under clauses (b), (c) and (d) of that sub-section shall continue to be personally liable for the money secured by the encumbrances on such holdings. (3) Before entering on a holding under sub-section (2), the Revenue-officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying the reasons thereof and also inviting objections from all persons interested in the holding and shall consider any objections that may be submitted to him within the period specified in that behalf in the notice and shall record a decision. (4) Any person aggrieved by an order passed by the Revenue-officer under sub-section (3) on any objection shown against the extinguishment of the interest of any raiyat in his holding under clause (d) of sub-section (1) may, instead of filing an appeal under section 147, institute a suit in the Civil Court against such order. Notwithstanding anything contained in any other law for the time being in force, such suit shall be filed within ninety days from the date of the order of the Revenue-officer under sub-section (3). (5) All arrears of rent in respect of a holding remaining due from a raiyat whose interest in such holding has been extinguished under sub-section (1) shall be deemed to be irrecoverable.", "name": "Extinguishment of interest of raiyats in certain cases", "related_acts": "", "section_id": 117 }, { "act_id": 241, "details": "93. (1) No raiyat shall sublet the whole or any part of his holding on any terms or conditions whatsoever. (2) If any holding or any part of holding is sublet in contravention of the provisions of this section, the interest of the raiyat in the holding or in that part of the holding shall be extinguished, and the holding or the part of the holding, as the case may be, shall vest in the Government from the date of such subleting free from all encumbrances.", "name": "Restrictions on subletting", "related_acts": "", "section_id": 118 }, { "act_id": 241, "details": "94. Notwithstanding anything contained in any other law for the time being in force, the encumbrances referred to in sub-section (5) of section 90 or sub-section (2) of section 93 shall, with effect from the date of transfer or sub-lease of the lands concerned, be deemed to be transferred and attached to such other lands of the transferor or the lessor as may be selected by the Revenue-officer in accordance with the rules prescribed, and thereupon the encumbrancer shall continue to have the same rights in or against those lands as he had in the original lands before the transfer or sub-lease thereof. The transferor or the lessor, as the case may be, shall also be personally liable for the money secured by such encumbrances.", "name": "Transfer of encumbrances in certain cases", "related_acts": "", "section_id": 119 }, { "act_id": 241, "details": "95. (1) Notwithstanding anything contained in any other law for the time being in force, a raiyat shall not enter into any form of usufructuary mortgage other than a complete usufructuary mortgage in respect of his holding or of a portion or share thereof, and every such complete usufructuary mortgage shall be subject to the same limitations as are imposed by section 90 on a transfer of the holding of a raiyat or of any share or portion thereof; and the period for which such complete usufructuary mortgage may be entered into by any raiyat shall not exceed, by any agreement express or implied, seven years: Provided that any such usufructuary mortgage may be redeemed at any time before the expiry of the said period, on payment of an amount which shall bear the same proportion to the total consideration money received by the mortgagor, as the unexpired period bears to the total period for which the mortgage had been entered into. (2) Every such complete usufructuary mortgage shall be registered under the Registration Act, 1908. (3) If any usufructuary mortgage entered into by a raiyat does not fulfil any of the conditions specified in sub-section (1) or is not registered as required under sub-section (2) it shall be void. 48 49(4) Notwithstanding anything contained in any other law for the time being in force, if any mortgagee prevents the redemption of a usufructuary mortgage under the proviso to sub-section (1) or refuses to restore any land covered by a usufructuary mortgage after the expiry of the period of such mortgage, the mortgagor may apply to the Subdivisional Magistrate or to any officer authorised in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of redemption, also on payment by the applicant of the amount due to the mortgagee under the said proviso, the Subdivisional Magistrate or the officer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as may be fixed in the order. (5) If the mortgagee does not restore possession of the mortgaged land to the mortgagor by the date fixed under sub-section (4), the Subdivisional Magistrate 50or any Officer authorised in this behalf by the Government shall, on application made by the mortgagor, put the applicant in possession of such land by evicting the mortgagee therefrom and may, for such eviction, use or cause to be used such force as may be necessary.", "name": "Limitation on mortgage of raiyat holdings", "related_acts": "90", "section_id": 120 }, { "act_id": 241, "details": "5195A. Notwithstanding anything contained in any other law for the time being in force, any transfer of a holding or of portion or share thereof, 52either by way of an out and out sale with an agreement to reconvey, 53or where the transferor receives from the transferee any consideration and the transferee acquires the right to possess, and to enjoy the usufruct of, such holding or portion or share thereof for a specified period in lieu of such consideration, shall notwithstanding anything contained in the document relating to the transfer, be deemed to be a complete usufructuary mortgage for a period not exceeding seven years and the provisions of section 95 shall apply to such transfer whether made before or after the date of commencement of the State Acquisition and Tenancy (Second Amendment) Order, 1972 (P.O. No. 88 of 1972.", "name": "Treatment of certain transaction as usufructuary mortgage", "related_acts": "", "section_id": 121 }, { "act_id": 241, "details": "5496. (1) If a portion or share of a holding of a raiyat is sold to a person who is not a co-sharer tenant in the holding, one or more co-sharer tenants of the holding may, within two months of the service of the notice given under section 89, or, if no notice has been served under section 89, within two months of the date of the knowledge of the sale, apply to the Court for the said portion or share to be sold to himself or themselves: Provided that no application under this section shall lie unless the applicant is- (a) \ta co-sharer tenant in the holding by inheritance; and (b) \ta person to whom sale of the holding or the portion or share thereof, as the case may be, can be made under section 90: Provided further that no application under this section shall lie after expiry of three years from the date of registration of the sale deed. (2) In an application under sub-section (1), all other co-sharer tenants by inheritance of the holding and the purchaser shall be made parties. (3) An application under sub-section (1) shall be dismissed unless the applicant or applicants, at the time of making it, deposit in the Court- (a) \tthe amount of the consideration money of the sold holding or portion or share of the holding as stated in the notice under section 89 or in the deed of sale, as the case may be; (b) \tcompensation at the rate of twenty five per centum of the amount referred to in clause (a); and (c) an amount calculated at the rate of eight per centum simple annual interest upon the amount referred to in clause (a) for the period from the date of the execution of the deed of sale to the date of filing of the application for preemption. (4) On receipt of such application accompanied by such deposits, the Court shall give notice to the purchaser and to the other persons made parties thereto under sub-section (2) to appear within such period as it may fix and shall require the purchaser to state what other sums he has paid in respect of rent since the date of sale and what expenses he has incurred in annulling encumbrances on, or for making any improvement in respect of the holding, portion or share sold. (5) The Court shall, after giving all the parties an opportunity of being heard after holding an enquiry as to rent paid and the expenses incurred by the purchaser as referred to in sub-section (4), direct the applicant or applicants to deposit a further sum, if necessary, within such period as the Court thinks reasonable. (6) When an application has been made under sub-section (1), any of the remaining co-sharer tenants may, within the period referred to in sub-section (1) or within two months of the date of the service of the notice of the application under sub-section (4), whichever be earlier, apply to join in the said application; any co-sharer tenant who has not applied either under sub-section (1) or under this sub-section, shall not have any further right to purchase under this section. (7) On the expiry of the period within which an application may be made under sub-section (6), the Court shall determine, in accordance with the provisions of this section, which of the applications filed under sub-section (6) shall be allowed. (8) If the Court finds that an order allowing the applications made under sub-section (7) is to be made in favour of more than one applicant, the Court shall determine the amount to be paid by each of such applicants and, after apportioning the amount, shall order the applicant or applicants who have joined in the original application under sub-section (6) to deposit in the Court the amounts payable by him or them within such period as it thinks reasonable; and if the deposit is not made by any such applicant within such period, his application shall be dismissed. (9) On the expiry of the period within which a deposit, if any, is to be made under sub-section (8), the Court shall pass orders- (a) allowing the application or applications made by the applicant or applicants who are entitled to purchase under, and have complied with the provisions of, this section; (b) \tapportioning the holding or the portion or share of the holding among them in such manner as it deems equitable when such orders are passed in favour of more than one applicant under sub-section (8); (c) \trefunding money to any one if entitled to such refund of any money from the amount deposited by the applicant or applicants under sub-sections (3) and (5); (d) \tdirecting that the purchaser be paid out of the deposits made under sub-sections (3) and (5); (e) \tdirecting the purchaser to execute and register deed or deeds of sale within sixty days in favour of the person or persons whose application or applications have been allowed; and no tax, duty or fee shall be payable for such registration. (10) If the purchaser fails to execute and register deed or deeds of sale in pursuance of the directions under clause (e) of sub-section (9), within sixty days in favour of the person or persons whose application or applications have been allowed, the court shall execute and present deed or deeds of sale for registration within sixty days thereafter in favour of such person or persons whose application or applications have been allowed. (11) From the date of the registration of sale deed or deeds under clause (e) of sub-section (9) or under sub-section (10), the right, title and interest in the holding or portion or share thereof accruing to the purchaser from the sale shall, subject to any orders passed under sub-section (9), be deemed to have vested, free from all encumbrances which have been created after the date of sale, in the co-sharer tenant or tenants whose application or applications to purchase have been allowed under sub-section (9). (12) The Court on further application of such applicant or applicants may place him or them, as the case may be, in possession of the property vested in him or them. (13) No apportionment ordered under clause (b) of sub-section (9) shall operate as division of the holding. (14) An application under this section shall be made to the Court which would have jurisdiction to entertain a suit for the possession of the land in connection with which the application is brought. (15) An Appeal shall lie to the ordinary Civil Appellate Court from any order of the Court under this section. (16) Nothing in this section shall be deemed to apply to homestead land. (17) Nothing in this section shall take away the right of pre-emption conferred on any person by the Mohammadan Law. (18) Nothing in this section shall apply to any transfer of any portion or share of a holding of a raiyat or any application under section 96 of this Act, made prior to coming into force of the State Acquisition and Tenancy (Amendment) Act, 2006.", "name": "Right of pre-emption", "related_acts": "", "section_id": 122 }, { "act_id": 241, "details": "97. (1) The Government may from time to time, by notification, declare that the provisions of this section shall, in any district or local area, apply to such of the following aboriginal castes or tribes as may be specified in the notification, and that such castes or tribes shall be deemed to be aboriginals for the purposes of this section, and the publication of such notification shall be conclusive evidence that the provisions of this section have been duly applied to such castes or tribes, namely:- Sonthals, 55Banais Bhuiyas,Bhumijes, Dalus, Garos, Gonds, Hadis, Hajangs, Hos, Kharias, Kharwars, Kochs (Dhaka Division), Koras, Maghs (Bakerganj District), Mal and Sauria Paharias, Maches, Mundas, Mundais, Oraons and Turis. (2) Except as provided in this section, no transfer by an aboriginal raiyat of his right in his holding or in any portion thereof shall be valid unless it is made to another aboriginal domiciled or permanently residing in Bangladesh who is a person to whom the transfer of such holding or portion thereof can be made under section 90. (3) If in any case an aboriginal raiyat desires to transfer holding or any portion thereof by private sale, gift or will to any person who is not such an aboriginal, he may apply to the Revenue-officer for permission in that behalf, and the Revenue-officer may pass such order on the application as he thinks fit having regard to the provisions of sections 88 and 90. (4) Every transfer referred to in sub-section (3) shall be made by registered deed; and before the deed is registered and the holding or any portion thereof is transferred, the written consent of the Revenue-officer shall be obtained to the terms of the deed and to the transfer. (5) An aboriginal raiyat's power to mortgage his land shall be restricted to only one form of mortgage, namely, a complete usufructuary mortgage: Provided that nothing in this sub-section shall apply to a mortgage to Government or to the Agricultural Development Bank of Pakistan or to the 56*** Agricultural Development Corporation or to a Co-operation Society for obtaining loans for Agricultural purposes. (6) An aboriginal raiyat may enter with another aboriginal, domiciled or permanently residing in Bangladesh, who is a person with whom a complete usufructuary mortgage can be entered into under sub-section (1) of section 95, into a complete usufructuary mortgage in respect of any land comprised within his holding for any period which does not and cannot, in any possible event, by any agreement express or implied, exceed seven years: Provided that every mortgage so entered into shall be registered under the Registration Act, 1908. (7) Any transfer made by an aboriginal raiyat in contravention of the provisions of this section shall be void. (8) (a) If a transfer of a holding or any portion thereof is made by an aboriginal raiyat in contravention of the provisions of this section, the Revenue-officer may, on his own initiative or on application made in that behalf, by an order in writing, eject the transferee from such holding or portion: Provided that the transferee shall be given an opportunity of showing cause against such ejectment before the order is passed. (b) When the Revenue-officer has passed any order under clause (a), he shall either (i) restore the transferred land to the aboriginal or his heir or legal representative or, (ii) failing the transferor or his heir or legal representative, declare that the land has vested in the Government and the Revenue-officer may settle the land with another aboriginal. (9) Notwithstanding anything contained in any other law for the time being in force, no decree or order shall be passed by any Court for the sale of the right of any aboriginal raiyat in his holding or any portion thereof, nor shall any such right be sold in execution of any decree or order: Provided that any holding belonging to an aboriginal may be sold, according to the provisions of this Act, in execution of a certificate for the recovery of the arrears of rent of the holding or for recovery of any loan advanced for agricultural purposes by Government or the Agricultural Development Bank of Pakistan or the 57* * * Agricultural Development Corporation or a Co-operative Society to an aboriginal on the security of his holding. (10) The Government may, by notification, declare that this section shall, in any district or local area, cease to apply to any caste or tribe to which it may have been applied under sub-section (1).", "name": "Restriction on alienation of land by aboriginals", "related_acts": "90", "section_id": 123 }, { "act_id": 241, "details": "98. The rent of a raiyat or non-agricultural tenant shall not be enhanced, reduced or altered except as provided in this Chapter.", "name": "Revision of rents or raiyats and non-agricultural tenants", "related_acts": "", "section_id": 124 }, { "act_id": 241, "details": "5998A. (1) Notwithstanding anything contained elsewhere in this Act, it shall be lawful for the Deputy Commissioner to assess or re-assess rent on land in the following cases, namely:- (a)\twhere any land held by a raiyat or non-agricultural tenant has not been assessed to any rent under Chapter IV or section 144, nor has any rent been settled in respect of such land under section 107; or (b)\twhere any land assessed to rent as agricultural land under any of the provisions mentioned in clause (a), is subsequently used for a non-agricultural purpose or vice versa. (2) In assessing or re-assessing any rent under sub-section (1), the Deputy Commissioner shall have regard to the principles laid down in section 26: Provided that the Deputy Commissioner shall not take action under this section in any area where preparation or revision of record-of-rights has been undertaken under section 144: Provided further that no assessment or re-assessment of rent shall be made under this section unless not less than fifteen days' notice has been given to the raiyat or tenant concerned to appear and be heard in the matter. (3) Where only a part of a holding is used for a non-agricultural purpose, such portion shall be constituted into a separate tenancy on the principles laid down in sub-section (3) of section 107 as far as applicable and assessment or re-assessment of rent thereof made under this section", "name": "Assessment or re-assessment of rent in certain cases", "related_acts": "", "section_id": 125 }, { "act_id": 241, "details": "99. (1) The Government may make an order directing the Revenue-officer- (a)\tto determine the rent-rates for any district or part of a district or local area in accordance with the provisions of this Chapter and of such rules as may be made in this behalf by the Government and to prepare in the prescribed form and manner a table of rent-rates in which the rent-rates so determined, together with such other particulars as may be prescribed, shall be specified; and (b)\tafter the table of rent-rates in respect of any district, part of a district or local areas has been prepared and confirmed under this Chapter to, settle fair and equitable rents for all tenants in such district or part or area and to prepare in the prescribed form and manner a settlement rent-roll in which the rent so settled, together with such other particulars as may be prescribed, shall be specified. (2) A notification in the official Gazette of an order under this section shall be conclusive evidence that the order has been duly made.", "name": "Order for determination of rent-rates and preparation of settlement rent-roll", "related_acts": "", "section_id": 126 }, { "act_id": 241, "details": "100. (1) When an order is made under clause (a) of sub-section (1) of section 99, the Revenue-officer shall, for the purpose of determining the rent-rates for the area specified in such order, divide such area into as many suitable units of area as he considers necessary having regard to the conditions of the land and, if such area be agricultural area, the crops grown in such area, and the Revenue-officer shall then determine the rent-rates for different classes of lands in each such unit. (2) In determining the rent-rates for different classes of agricultural land under sub-section (1), the Revenue-officer shall take into consideration- (a)\tthe nature of the soil and the general productivity of the class of land for which the rent-rate is being determined; (b)\tthe normal yield per acre of the land to be determined in the prescribed manner; (c)\tthe average prices of the crops grown on such land calculated on the basis of the average prices of such crops prevailing during the preceding twenty years excluding the years in which such prices were abnormal; (d)\tany means of irrigation or drainage or any other special facilities for cultivation of such land; (e)\tthe result of any work of agricultural improvement effected within any particular unit at the expense of Government. (3) The rate of rent per acre for any class of agricultural land determined under sub-section (1) shall not exceed one- tenth of the total value of the produce per acre of such land obtained by multiplying the normal yield per acre of such land, determined in the manner prescribed, by the average price of crops grown in such land referred to in clause (c) of sub-section (2). (4) In determining the rate of rent for different classes of non-agricultural land under sub-section (1), the Revenue-officer shall take into consideration- (a)\tthe rent generally paid to the Government for non-agricultural land with similar advantages or of a similar description in the vicinity, (b)\tthe market value of the land or of similar land in the vicinity immediately before the publication of the notification under section 99, to be determined in the prescribed manner, (c)\tspecial conditions and incidents, if any, of the tenancy, and (d)\tthe result of any work of improvement effected within any particular unit at the expense of Government: Provided that the rate of rent per acre for any class of non-agricultural land determined under sub-section (1) shall not exceed one-fourth per centum of such market value in the case of a residential area and half per centum of such market value in the case of any other area. (5) The rent generally paid for similar land in the vicinity, as referred to in clause (a) of sub-section (4), shall be calculated by adding up the existing rents of such land in the unit and dividing the sum total by the total area of such unit. Explanation.- For the purpose of this section, “land” does not include any building or structure standing thereon.", "name": "Procedure in determining rent-rates", "related_acts": "", "section_id": 127 }, { "act_id": 241, "details": "101. (1) When the Revenue-officer has prepared a table of rent-rates, he shall cause a draft of it to be published in the prescribed manner and for the prescribed period in the area or village to which it relates. (2) Any person objecting to any entry in the table of rent-rates may present a petition to the Revenue-officer within thirty days from the first date of publication under sub-section (1), and the Revenue-officer shall consider any such objection and may alter or amend the table. (3) If no objection is made within the said period or, where objections are made, after they have been disposed of, the Revenue-officer shall submit his proceedings to the prescribed Revenue Authority with a full statement of the grounds for his proposals together with all the necessary particulars and the existing rent-rates for each class of land and a summary of the objections (if any) which he has received. (4) Such superior Revenue Authority may confirm a table submitted under sub-section (3), with or without modification, or may return it for revision. (5) When a table of rent-rates has been confirmed by such superior Revenue Authority, the order confirming it shall be conclusive evidence that the proceedings for the preparation of the table have been duly conducted in accordance with this Act, and it may be presumed that the rates shown in the table for each class of land are fair and equitable rates payable for land of that class within the area to which the table applies.", "name": "Preliminary and final publication of table of rent-rates and its confirmation by the prescribed superior Revenue Authority", "related_acts": "", "section_id": 128 }, { "act_id": 241, "details": "102. The rate of rent for any class of land shown in a table of rent-rates confirmed under section 101 shall be the maximum rate at which the rent of a raiyat or non-agricultural tenant for such class of land can be settled.", "name": "Rate shown in the table to be the maximum rate", "related_acts": "", "section_id": 129 }, { "act_id": 241, "details": "103. The particulars referred to in sub-sections (2) and (4) of section 100 in respect of a unit and the rates of rent determined for different classes of land within such unit under this chapter shall form part of the record-of-rights of such unit maintained under this Part.", "name": "Particulars to form parts of record-of-rights", "related_acts": "", "section_id": 130 }, { "act_id": 241, "details": "104. When the rent-rates for any district, part of a district or unit of area have been determined under this Chapter and shown in a table of rent-rates confirmed under section 101, they shall not be changed until after a period of twenty years has elapsed from the date of such confirmation.", "name": "Duration of rent-rates", "related_acts": "", "section_id": 131 }, { "act_id": 241, "details": "105. (1) The rent payable by a raiyat or non-agricultural tenant in respect of any land shall be liable to enhancement on the ground that the rent payable by him is substantially lower than the rent calculated at the rates of rent determined under this Chapter for similar classes of land in the unit in which the land is situated and entered in the table of rent rates, confirmed under section 101, applicable to such unit. (2) In all cases where the increase of rent exceeds fifty per centum of the rent payable during the immediately preceding year, the Revenue-officer shall, and in any other cases were he considers that an immediate increase of rent will cause hardship, he may direct that the enhancement shall take effect by yearly increments over a number of years as he may fix in this behalf: Provided that the increase of rent in a particular year shall not exceed fifty per centum of the rent payable during the year immediately preceding the year from which the new assessment takes effect under section 113.", "name": "Grounds of and limits to enhancement of rent", "related_acts": "", "section_id": 132 }, { "act_id": 241, "details": "60106A. The rent payable by a non-agricultural tenant in respect of any tenancy may be reduced on the ground that the rent payable by him is substantially higher than the rent calculated at the rates of rent determined under this Chapter for similar classes of land in the unit in which the land comprised in the tenancy is situated and entered in the table of rent-rates, confirmed under section 101, application to such unit.", "name": "Grounds for reduction of rent", "related_acts": "", "section_id": 133 }, { "act_id": 241, "details": "106. The rent payable by a raiyat in respect of a holding may be reduced on one or more of the following grounds, namely:- (a) \tthat the rent payable by the raiyat is substantially higher than the rent calculated at the rates of rent determined under this Chapter for similar classes of land in the unit in which the land comprised in the holding is situated and entered in the table of rent-rates, confirmed under section 101, applicable to such unit; (b)\tthat the soil of the holding has deteriorated as a result of the deposit of sand or through the operation of other natural causes, sudden or gradual; and (c)\tthat there has been any breakdown of the existing arrangements for irrigation or drainage or for the maintenance of any embankments or bunds which were in existence at the time when the rent was last settled, and the soil of the holding has thereby deteriorated.", "name": "Grounds for reduction of rent", "related_acts": "", "section_id": 134 }, { "act_id": 241, "details": "107. (1) After a table of rent-rates has been prepared and confirmed under this Chapter, the Revenue-officer shall proceed to settle, according to the provisions of the preceding sections, the fair and equitable rents of all tenants in the area to which the table of rent-rates applies and to prepare the settlement rent-roll as directed under clause (b) of sub-section (1) of section 99. (2) For the purpose of settling such fair and equitable rents and preparing the settlement rent-roll, the Revenue-officer shall be guided by the rent-rates entered in the table of rent-rates so prepared and confirmed: Provided that a Revenue-officer shall not be bound to apply the said rates to any particular case or area if he considers, for reasons to be recorded in writing, that the application of such rates to such case or area would be unfair or inequitable. (3) Where any non-agricultural land is comprised in a tenancy which includes land other than non-agricultural land, or when the classification of land has partly changed from agricultural to non-agricultural, the Revenue-officer shall,- (i)\tdivide the tenancy so as to constitute separate tenancies for the non-agricultural land and the agricultural land, (ii)\tapportion the existing rent between the tenancies so constituted, (iii)\testimate fair and equitable rents for the agricultural and non-agricultural land in accordance with the provisions of this Chapter, and (iv)\tmake such consequential changes in the record-of-rights as may be necessary.", "name": "Settlement of fair and equitable rents", "related_acts": "", "section_id": 135 }, { "act_id": 241, "details": "108. (1) When a settlement rent-roll has been prepared, the Revenue-officer shall cause a draft of it to be published in the prescribed manner and for the prescribed period and shall receive and consider any objection made to an entry therein or omission therefrom during the period of publication and shall dispose of such objections according to such rules as the Government may make. (2) The Revenue-officer may, of his own motion or on application of any party aggrieved, at any time before a settlement rent-roll is submitted to the confirming authority under section 109, revise any rent entered therein: Provided that no such entries shall be revised until reasonable notice has been given to the tenant concerned to appear and be heard in the matter.", "name": "Preliminary publication and amendment of settlement rent-roll", "related_acts": "", "section_id": 136 }, { "act_id": 241, "details": "109. (1) When all objections have been disposed of under section 108, the Revenue-officer shall submit the settlement rent-roll to the prescribed confirming authority with a full statement of the grounds for his proposals and a summary of the objections (if any) which he has received. (2) The confirming authority may sanction the settlement rent-roll with or without amendment or may return it for revision: Provided that no entry shall be amended or omission supplied until reasonable notice has been given to the tenant concerned to appear and be heard in the matter. (3) After sanction by the confirming authority the Revenue-office shall finally frame the settlement rent-roll and publish it in such manner as may be prescribed and shall incorporate it in the record-of-rights for the area, to which such settlement rent-roll relates, maintained under this Part; and such publication shall be conclusive evidence that the settlement rent-roll has been duly made under this Chapter.", "name": "Sanctioning final public of the settlement rent-roll and in corporation of the same in the record-of-rights", "related_acts": "", "section_id": 137 }, { "act_id": 241, "details": "110. (1) An appeal, if presented within two months from the date of the order appealed against, shall lie from every order passed by a Revenue-officer on any objection made under section 108, or from an order passed by the confirming authority under section 109 to the prescribed superior Revenue Authority. (2) The 61Board of Land Administration may in any case under this Chapter, on application or of its own motion, direct the revision of any settlement rent-roll or any portion of it at any time within six months of the date of the order sanctioning the settlement rent-roll under sub-section (2) of section 109 or any order passed by the superior Revenue Authority under sub-section (1), whichever is later, but not so as to affect any order passed by the Special Judge under section 111: Provided that no such direction shall be made until reasonable notice has been given to the parties concerned to appear and be heard in the matter.", "name": "Appeal to and revision by superior Revenue Authority", "related_acts": "", "section_id": 138 }, { "act_id": 241, "details": "62111A. The Revenue-officer, may, at any time before final publication under sub-section (3) of section 109, correct any clerical mistake in the settlement rent-roll, and shall make such alteration in the same as may be necessary to give effect to any order passed under sections 110 and 111.", "name": "Correction of Mistakes and making alteration in rent-roll", "related_acts": "", "section_id": 139 }, { "act_id": 241, "details": "111. (1) Any person aggrieved by an order passed by the Revenue-officer on any objection made under section 108 or an order passed by the confirming authority under section 109, may present an appeal in the prescribed manner against such order, within three months of the final publication under sub-section (3) of section 109 of the settlement rent-roll to which such appeal relates, to the Special Judge appointed by the Government in this behalf provided that no appeal has been presented regarding the matter to the prescribed superior Revenue Authority under sub-section (1) of section 110. (2) Subject to such orders as may be passed by the High Court in its revisional jurisdiction, the order of the Special Judge, on the Appeal, shall be final; and no appeal shall lie to the High Court against the order of the Special Judge under this section. (3) The provisions of the Code of Civil Procedure, 1908, shall, so far as it may be, apply to all appeals presented to the special Judge under this section.", "name": "Appeal to the Special Judge", "related_acts": "86", "section_id": 140 }, { "act_id": 241, "details": "112. All rents settled under this Chapter shall be deemed to have been correctly settled and to be fair and equitable rents.", "name": "Presumption to rents settled under this Chapter", "related_acts": "", "section_id": 141 }, { "act_id": 241, "details": "113. When a rent is settled by a Revenue-officer under this Chapter in respect of any area, it shall, subject to sections 110 and 111, take effect from the beginning of the agricultural year next after the date of the final publication under sub-section (3) of section 109 of the settlement rent-roll in which such rent is specified.", "name": "Date from which settlement takes effect", "related_acts": "", "section_id": 142 }, { "act_id": 241, "details": "114. When the rent of a tenant has been settled under this Chapter, it shall not be enhanced for a period of twenty years; and no such rent shall be reduced within the said period save on the ground specified in clause (b) or clause (c) of section 106.", "name": "Period for which rent as settled is to remain unaltered", "related_acts": "", "section_id": 143 }, { "act_id": 241, "details": "115. No suit or other legal proceeding shall be instituted in any Civil Court in respect of the determination of rent-rates or the settlement of any rent or the omission to determine any rent-rate or to settle any rent under this Chapter, except as provided in section 111.", "name": "Bar to jurisdiction of Civil Court", "related_acts": "", "section_id": 144 }, { "act_id": 241, "details": "116. Where various parcels of land are held by one tenant within one village, and such parcels of land or some of them are the subject of separate tenancies, such parcels of land shall, under the orders of the Revenue-officer, be amalgamated into one tenancy.", "name": "Amalgamation of holdings of a tenant in the same village", "related_acts": "", "section_id": 145 }, { "act_id": 241, "details": "117. (1) Notwithstanding anything contained elsewhere in this part, the Revenue-officer may,- (a) \tfor the purpose of amalgamation of tenancies under section 116, either on his own motion or on an application made to him by one or more co-sharer tenants, in that behalf, or (b) \tfor the purpose of consolidation of holdings of a malik, under section 119, either on his own motion or on an application made to him, in that behalf, or (c)\tfor the purpose of subdivision of a joint tenancy for distribution of rent thereof, on an application made to him by one or more co-sharer tenants, direct, by order in writing, such subdivision of a joint tenancy amongst the co-sharer tenants and distribution of rent thereof, including arrears of rent, if any, as he may consider fair and equitable: Provided that no such order shall be passed unless reasonable notice is given to the parties concerned to appear and be heard in the matter: Provided further that where an order under clause (c) is passed, and distribution of rent, by reason thereof, results in bringing the rent of a portion of the tenancy below rupee one, a fraction of rupee one shall be rounded off into rupee one. (2) Omitted by section 19 of the State Acquisition and Tenancy (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. VIII of 1967). (3) When an order under sub-section (1) has been passed subdividing a joint holding, such subdivision may be demarcated on the ground and also shown on the cadastral survey map.", "name": "Subdivision of holding and restrictions thereon", "related_acts": "", "section_id": 146 }, { "act_id": 241, "details": "118. Transfer of the interest of a co-sharer tenant in a holding on payment of compensation.- Omitted by section 6 of the East Bengal State Acquisition and Tenancy (Amendment) Act, 1964 (East Pakistan Act No. XVII of 1964).", "name": "Omitted.", "related_acts": "", "section_id": 147 }, { "act_id": 241, "details": "119. (1) Any two or more raiyats having lands in the same or contiguous villages may apply in the prescribed form to the Revenue-officer for consolidation of their holdings and submit along with such application a scheme for such consolidation. (2) If not less than two-thirds of the raiyats in a village or a block of villages, which form one contiguous area, holding not less than three-fourths of the total cultivable area in such village or block of villages, make an application under sub-section (1) for consolidation of their holdings, such application shall be deemed to be an application on behalf of all the raiyats of such villages or block of villages.", "name": "Persons entitled to apply for consolidation of holding", "related_acts": "", "section_id": 148 }, { "act_id": 241, "details": "120. (1) On receipt of any application for consolidation under section 119, the Revenue-officer shall enquire into such application in the prescribed manner and shall, if he considers after such enquiry that there are good and sufficient reasons for rejecting such application or excluding any of such land from consolidation, submit the application to the prescribed superior Revenue Authority with a recommendation that the application be rejected, or disallowed in a part, specifying his reason therefor; and on receipt of such recommendation, such superior Revenue Authority shall pass such orders thereon as he thinks proper. (2) If the Revenue-officer does not make any recommendation under sub-section (1), or if such superior Revenue Authority, on receipt of the recommendation of the Revenue-officer, makes an order directing the Revenue-officer to admit the application in whole or in part, the Revenue-officer shall admit such application either in whole or in part, as the case may be, and shall deal with it in accordance with the provisions of this Chapter and of any rules made by the Government under this Act.", "name": "Admission of application", "related_acts": "", "section_id": 149 }, { "act_id": 241, "details": "121. When a scheme for the consolidation of holding is submitted along with an application under sub-section (1) of section 119, and such scheme, including any stipulation for payment of any compensation by one party to another contained in such scheme, has been agreed to by all the raiyats affected by it, the Revenue-officer shall, after admitting the application either in whole or in part under section 120, examine such scheme and may, after such examination, either confirm the scheme with or without modification or may return it for revision and may confirm it after such revision: Provided that the Revenue-officer shall not confirm the scheme if the sum total of the rent of all holdings under the scheme has been reduced by the distribution of the rent consequent on redistribution of lands.", "name": "Confirmation of agreed schemes for consolidation", "related_acts": "", "section_id": 150 }, { "act_id": 241, "details": "122. (1) In the following cases, namely,- (i)\twhere no scheme for the consolidation of holdings is submitted along with the application under sub-section (1) of section 119, or where any such scheme has been submitted with such application but has not been agreed to by all the raiyats affected by it, or (ii)\twhere an application has been made under sub-section (2) of that section, or (iii)\twhere the Government by notification make an order directing that consolidation of holdings be affected in any area and the raiyats of such area fail to produce an agreed scheme under sub-section (1a), the Revenue-officer shall prepare a scheme for the consolidation of holdings of such applications or of each raiyat at in such villages or area, as the case may be; and every such scheme shall be prepared in accordance with the provisions of the Act and of such rules as may be made by the Government in this behalf. 63(1a) Upon the publication of a notification under clause (iii) of sub-section (1), the Revenue-officer shall call upon the raiyats of the area, to which such notification relates, to produce, within a time to be fixed by him which may be extended by him, if necessary, an agreed scheme of consolidation of holding. (2) For the purpose of assisting him in the preparation of a scheme for consolidation of holdings under sub-section (1) in any local area or for the purpose of securing an agreed scheme for consolidation of holdings in respect of any area under sub-section (1a), the Revenue-officer may, subject to such rules as may be made by the Government in this behalf, appoint an Advisory Committee in respect of such area and may provide such Advisory Committee with such technical assistance as he may consider necessary. 64(2a) When an agreed scheme is produced under sub-section (1a), the Revenue-officer shall deal with such scheme in the same manner as provided in section 121. (3) In preparing a scheme for the consolidation of holdings under sub-section (1), the Revenue-officer shall have due regard to any proposal with regard to the consolidation which has the largest measure of agreement amongst the parties, affected by it, and in making the redistribution of lands for the purpose of the consolidation, he shall see that the total area of a holding or the profit to be derived therefrom is affected as little as possible. (4) If in preparing a scheme for the consolidation of holdings under sub-section (1), it appears to the Revenue-officer that the redistribution of lands will result in allotment to any raiyat of any parcel of land of market value lower than the market value of his original parcel of land, the Revenue-officer shall in the scheme provide for the payment of compensation to such raiyat by the raiyat or raiyats who, in the opinion of the Revenue-officer, will be benefited by the allotment of the more valuable land of the first-named raiyat. (5) In preparing a scheme for the consolidation of holdings under sub-section (1), the Revenue-officer shall, in any case where the land is of such a kind that the productivity of different areas may vary from year to year, give due consideration to this fact and shall attempt to preserve the balanced character of the holdings, as far as possible, and where the plots of land exist at different levels, he may consolidate the holdings in two or more blocks each at a different level. (6) Before confirming a scheme for the consolidation of holdings in any area under section 121 or section 123, the Revenue-officer shall ascertain, as far as possible, all encumbrances, including mortgages, attached to the land situated within such area and shall issue a notice in the prescribed manner calling upon all beneficiaries of encumbrances to declare their interests within a date to be fixed in that behalf and it shall then be incumbent on the persons, in whose favour such encumbrances have been created, to declare the encumbrances before the Revenue-officer within the period fixed in such notice and if any such person fails to declare such encumbrances within the said period, the encumbrances shall cease to be attached to any part of the land originally encumbered that has not remained with its owner after consolidation. (7) In preparing a scheme for the consolidation of holdings under sub-section (1), the Revenue-officer shall see that the sum total of the rent of all holdings under the scheme is not reduced by the distribution of the rent consequent on redistribution of the lands. (8) In conducting any proceedings for the consolidation of holdings in any case where the value of a holding is materially changed, the Revenue-officer shall simultaneously apportion the rent in such a way that the incidence upon the owners of holdings bears the same proportion to the value of each holding as it did before. (9) Each consolidated holding shall bear one single rent.", "name": "Preparation of a scheme for consolidation and appointment of Advisory Committee", "related_acts": "", "section_id": 151 }, { "act_id": 241, "details": "123. (1) When a scheme for consolidation of holdings has been prepared, the Revenue-officer shall cause a draft of the scheme to be published in the prescribed manner and for the prescribed period and shall receive and consider any objections made in regard to any entry therein or omission therefrom during the period of publication and shall dispose of such objections according to such rules as the Government may make in this behalf. (2) If no objection is made within the said period or, where objections are made, such objections are disposed of, the Revenue-officer shall pass an order confirming the scheme with or without modification. (3) Omitted by section 22 of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (E. P. Ord. XV of 1961).", "name": "Draft publication of the scheme and hearing of objections", "related_acts": "", "section_id": 152 }, { "act_id": 241, "details": "124. (1) Any person aggrieved by an order of the Revenue-officer confirming a scheme under section 121 or under sub-section (2) of section 123 may, within the period prescribed in this behalf, prefer an appeal in the prescribed manner to the prescribed superior Revenue Authority and the decision of the said superior Authority on such appeal shall, subject to the provisions of sub-section (2), be final. (2) A second appeal, if presented in the prescribed manner and within the period prescribed in this behalf, shall lie from every order passed on appeal under sub-section (1) by such superior Revenue Authority to the 65Board of Land Administration.", "name": "Appeals", "related_acts": "", "section_id": 153 }, { "act_id": 241, "details": "125. When the time within which appeals may be made under sub-section (1) of section 124 has expired and, if any such appeal has been made, when the time within which the second appeal may be made under sub-section (2) of that section has also expired, and all appeals made under sub-sections (1) and (2) of that section have been disposed of, and no order rejecting the scheme has been finally passed on such appeal, the Revenue-officer shall, if necessary, modify the scheme to give effect to any orders passed on appeal under the said section, if any, and shall thereafter record an order finally confirming the scheme.", "name": "Final confirmation of the scheme", "related_acts": "", "section_id": 154 }, { "act_id": 241, "details": "126. (1) Upon the final confirmation of a scheme for consolidation of holdings under section 125, the Revenue-officer shall cause the record-of-rights, maintained under this part, to the village or villages to which such scheme relates, to be modified in accordance with the scheme as finally confirmed; and every tenant affected by such scheme shall be entitled to obtain free of cost from the Revenue-officer a copy of the record-of-rights, so modified, containing the entries as relating to him. (2) When a scheme for the consolidation of holdings has been finally confirmed under section 125, it shall take effect from the beginning of the agricultural year next after the date of the final confirmation of such scheme.", "name": "Modification of the village record-of-rights on confirmation of the scheme and the date from which the scheme takes effect", "related_acts": "", "section_id": 155 }, { "act_id": 241, "details": "127. As soon as may be after a scheme for the consolidation of holdings takes effect, the Revenue-officer shall depute a surveyor or amin to demarcate the boundaries of the holdings affected by the scheme or to take such other steps for the identification on the spot of the land included in the holdings so affected as the Revenue-officer may approve.", "name": "Demarcation of the boundaries of holdings", "related_acts": "", "section_id": 156 }, { "act_id": 241, "details": "128. (1) On the final confirmation of a scheme under section 125, it shall be binding on all the raiyats to which such scheme relates. (2) Omitted by section 24 of the East Bengal State Acquisition and Tenancy (Third Amendment) Ordinance, 1961 (East Pakistan Ord. XV of 1961). (3) Every raiyat affected by any scheme for the consolidation of holdings finally confirmed under section 125 shall be entitled to the possession of the holdings allotted to him under the scheme with effect from the date on which the scheme takes effect; and the Revenue-officer may, on application made in this behalf by such raiyat, cause such steps to be taken as he may consider necessary for putting such raiyat in possession of the holding so allotted to him. (4) A raiyat shall have the same right in the holding allotted to him under a scheme for the consolidation of holdings finally confirmed under section 125 as he had in his original holding before such consolidation.", "name": "Effect of final confirmation of scheme for consolidation and the rights of raiyats thereunder", "related_acts": "", "section_id": 157 }, { "act_id": 241, "details": "129. (1) Notwithstanding anything contained in any other law for the time being in force or in any contract, if the holding of a raiyat comprised within a scheme for the consolidation of holdings finally confirmed under section 125 is, immediately before the date on which such scheme takes effect, subject to any mortgage or other encumbrance, such mortgage or other encumbrance shall, with effect from such date, be deemed to be transferred and attached to the holding created and allotted to such raiyat under the said scheme or to such part of such holding as may be specified in the scheme by the Revenue-officer; and thereupon the mortgagee or other encumbrancer, as the case may be, shall cease to have any right in or against the land from which the mortgage or other encumbrance has been transferred and shall continue to have the same rights in or against the holding so allotted or to such part thereof as he had in or against the original land from which the mortgage or other encumbrance had been transferred. (2) Notwithstanding anything contained in sub-section (3) of section 128 the Revenue-officer may, on application made in this behalf by any mortgagee or other encumbrancer entitled to possession of any holding or part thereof to which his mortgage or other encumbrance has been transferred under sub-section (1), cause such steps to be taken as he may consider necessary for putting such mortgagee or other encumbrancer in possession of such holding or part thereof.", "name": "Encumbrances on land included in the scheme for consolidation", "related_acts": "", "section_id": 158 }, { "act_id": 241, "details": "130. Notwithstanding anything contained in any other law for the time being in force, no instrument in writing shall be necessary in order to give effect to transfer involved in carrying out any scheme for consolidation of holdings.", "name": "No instrument necessary to effect transfer", "related_acts": "", "section_id": 159 }, { "act_id": 241, "details": "131. (1) During the pendency of any proceedings under this Chapter, no person shall transfer any land to which such proceedings relate, without the previous permission of the Revenue-officer and where any such land is transferred with such permission, the transferee shall be deemed to be a party to such proceedings and shall be substituted in place of the transferor of the land. (2) On and from the date of final confirmation of a scheme for consolidation of holdings under section 125, no co-sharer shall acquire by continued possession any title in a part of the holding to the exclusion of the other co-sharers.", "name": "Transfer of holding during the pendency of the proceedings for consolidation", "related_acts": "", "section_id": 160 }, { "act_id": 241, "details": "132. (1) The costs of proceedings of the consolidation of holdings under this Chapter shall, on the final confirmation under section 125 of the scheme for such consolidation, be assessed in the prescribed manner and be, subject to such rules as may be made by the Government in this behalf, recovered from the raiyats whose holdings are affected by such scheme: Provided that no costs shall be recoverable in respect of any proceedings arising out of an application under sub-section (1) of section 119 where the applicants have submitted an agreed scheme for consolidation of their holdings or in respect of any proceedings arising out of an agreed scheme produced under sub-section (1a) of section 122. (2) The portion of the aforesaid costs which any raiyats is liable to pay shall be recoverable by the Government as an arrear of rent due in respect of the holding of the raiyats affected by the said scheme.", "name": "Recovery of the cost of consolidation proceedings", "related_acts": "", "section_id": 161 }, { "act_id": 241, "details": "133. Any amount specified in any scheme finally confirmed under section 125 as payable as compensation shall be recoverable as an arrear of public demand.", "name": "Recovery of compensation as arrears of public demand", "related_acts": "", "section_id": 162 }, { "act_id": 241, "details": "134. No Civil Court shall entertain any application of suit concerning any matter relating to consolidation of holdings of raiyats dealt with in this Chapter.", "name": "Bar to jurisdiction of Civil Courts", "related_acts": "", "section_id": 163 }, { "act_id": 241, "details": "66134A. Notwithstanding anything contained in the foregoing sections of this Chapter, the scheme for consolidation of holdings executed in the areas under the police stations of Debiganj and Boda in the district of Dinajpur under the provisions of this Chapter shall be deemed to be void ab-initio and the rights and interests of the tenants existing in the lands comprised in that scheme immediately before such consolidation shall remain unaffected, as if such consolidation were never made.", "name": "Special provision for the district of Dinajpur", "related_acts": "", "section_id": 164 }, { "act_id": 241, "details": "135. (1) Subject to agreement or establishment usage, the rent payable by a raiyat shall be paid in two equal instalments falling due on such dates as may be prescribed. (2) Subject to agreement, the rent payable by a non-agricultural tenant shall be paid in one annual instalment falling due on the last day of the agricultural year.", "name": "Instalment of rent", "related_acts": "", "section_id": 165 }, { "act_id": 241, "details": "136. (1) Every raiyat shall pay or tender each instalment of rent and every non-agricultural tenant shall pay or tender the rent before sunset of the day on which it falls due: Provided that the raiyat or the non-agricultural tenant may pay or tender the rent payable for the year at any time during the year before it falls due. (2) The payment or tender of rent may be made- (a)\tat the village tahsil office or at such other convenient place as may by appointed in that behalf by the Collector; or (b)\tby postal money-order in the manner prescribed. (3) When rent is sent by postal money-order in the prescribed manner it shall be presumed, until the contrary is proved, that a tender has been made. (4) When rent sent by postal money-order is accepted, the fact of this acceptance shall not be used in any way as evidence of the correctness of any of the particulars set forth in the postal money-order form. (5) Any rent or any instalment or part of an instalment of rent not duly paid at or before the time when it falls due shall be deemed to be an arrear.", "name": "Time and place for payment of rent", "related_acts": "", "section_id": 166 }, { "act_id": 241, "details": "137. (1) When a raiyat or a non-agricultural tenant makes a payment on account of rent, he may declare the year or years and the instalment or instalments in respect of which he wishes the payment to be credited, and the payment shall be credited accordingly. (2) If he does not make any such declaration, the payment shall be credited towards the arrears, if any, and the balance, if any, after the arrears have been satisfied, and where there is no arrear, the whole amount, shall be credited as the rent of the current year.", "name": "Appropriation of payments", "related_acts": "", "section_id": 167 }, { "act_id": 241, "details": "138. Every raiyat or non-agricultural tenant who makes a payment on account of rent shall be entitled to obtain forthwith, from the person authorised in writing by the Collector to receive such rent, a written receipt in the prescribed form for the amount paid by him signed by the person so authorised.", "name": "Raiyat making payment of his rent entitled to a receipt", "related_acts": "", "section_id": 168 }, { "act_id": 241, "details": "139. The holding of a raiyat or the tenancy of a non-agricultural tenant shall be liable to sale in execution of a certificate signed under the Bengal Public Demands Recovery Act, 1913, for the rent thereof, and the rent shall be a first charge thereon.", "name": "Liability of holding to sale for arrears", "related_acts": "", "section_id": 169 }, { "act_id": 241, "details": "140. An arrear of rent shall bear simple interest at the rate of six and a quarter per centum per annum from the expiry of the year in which the rent or instalments of rent, as the case may be, fall due to the date of payment or of the filing of the certificate under the Bengal Public Demands Recovery Act, 1913, whichever date is earlier.", "name": "Interest on arrears", "related_acts": "", "section_id": 170 }, { "act_id": 241, "details": "141. All arrears of rent shall be recoverable under the Bengal Public Demands Recovery Act, 1913, subject to such rules as may be made in this behalf by the Government and not otherwise: Provided that a certificate signed under the said Act for arrears of rent shall not be executed by arresting the certificate-debtor and detaining him in the civil prison.", "name": "Realisation of arrears of rent under the Bengal Public Demands Recovery Act, 1913", "related_acts": "", "section_id": 171 }, { "act_id": 241, "details": "67141A. (1) When a co-sharer tenant, whose interests are affected by the sale of a holding or tenancy advertised for sale in execution of a certificate for arrears of rent due in respect thereof signed under the Bengal Public Demands Recovery Act, 1913, pays into the court, the amount requisite to prevent the sale- (a) \tthe amount so paid by him shall be deemed to be a debt bearing interest at six and a quarter per centum per annum and secured by a mortgage of such holding or tenancy to him; and (b)\this mortgage shall take priority over every other charge on such holding or tenancy other than a charge for arrears of rent. (2) Nothing in this section shall affect any other remedy to which such co-sharer tenant would be entitled.", "name": "Amounts paid into court to prevent Sale to be a mortgage demand in certain cases", "related_acts": "", "section_id": 172 }, { "act_id": 241, "details": "142. The period of limitation for the recovery of an arrear of rent shall be three years running from the last day of the year in which the arrear fell due.", "name": "Limitation", "related_acts": "", "section_id": 173 }, { "act_id": 241, "details": "143A. Omitted by section 2 of the State Acquisition and Tenancy (Amendment) Ordinance, 1975 (Ordinance No. XLIV of 1975).", "name": "Omitted.", "related_acts": "", "section_id": 174 }, { "act_id": 241, "details": "68143B. (1) Person acquiring immovable property by inheritance according to their respective personal laws shall amicably effect partition of the property among them after the death propositus. After such partition, an instrument of partition shall be prepared and signed by all the concerned parties and shall be registered under the Registration Act, 1908. (2) Upon presentation of the instrument of partition prepared, signed and registered under sub-section (1), the Revenue-officer shall revise the Khatian in accordance therewith.", "name": "Correction of the Record-of Rights upon inheritance", "related_acts": "90", "section_id": 175 }, { "act_id": 241, "details": "143. The Collector shall maintain up-to-date, in the prescribed manner, the record-of-rights prepared or revised under Part IV or under this Part by correcting clerical mistakes and by incorporating therein the changes on account of- (a) \tthe mutation of names as a result of transfer or inheritance; (b) \tthe subdivision, amalgamation or consolidation of holdings; (c) \tthe new settlement of lands or of holdings purchased by the Government; and (d)\tthe abatement of rent on account of abandonment or diluvion or acquisition of land.", "name": "Maintenance of the record-of-rights", "related_acts": "", "section_id": 176 }, { "act_id": 241, "details": "143C. (1) The Revenue-officer on receipt of the notice under section 89 shall open a file for mutation of record-of rights and shall issue notice to the co-sharers of the holding for mutation. (2) For this purpose the Revenue-officer shall fix a date for objection if any. If no objection is raised within the stipulated period, the Revenue-officer shall correct the record-of-rights accordingly. (3) If any objection is filed by any co-sharer of the holding, then the Revenue-officer shall fix a date for hearing both the parties, and after hearing, the Revenue-officer shall pass an order stating the reasons thereof, and the record-of-rights shall be corrected accordingly.", "name": "Procedure for Correction of the Record-of-Rights", "related_acts": "", "section_id": 177 }, { "act_id": 241, "details": "69144A. Every entry in a record-of-rights prepared or revised under section 144 shall be evidence of the matter referred to in such entry, and shall be presumed to be correct until it is proved by evidence to be incorrect.", "name": "Presumption as to correctness of record of rights", "related_acts": "", "section_id": 178 }, { "act_id": 241, "details": "144. (1) The Government may in any case if it thinks fit make an order directing that a record-of-rights in respect of any district, part of a district or local area be prepared or revised by a Revenue-officer in accordance with such rules as may be made by the Government in this behalf. (2) In particular, and without prejudice to the generality of the foregoing power, the Government may make such order in any of the following cases, namely:- (a)\twhere not less than one-half of the total number of tenants applies for such an order; (b)\twhere the preparation or revision of such a record is calculated to settle or avert a serious dispute existing or likely to arise amongst the tenants; and (c)\twhere a settlement of rent is being or about to be made in respect of any district, part of a district or local area. (3) A notification in the official Gazette of an order under sub-section (1) shall be conclusive evidence that the order has been duly made. (4) When an order is made under sub-section (1), the Revenue-officer shall record in the record-of-rights to be prepared or revised in pursuance of such order such particulars as may be prescribed. 70(4A) (i) \tNotwithstanding anything contained elsewhere in this Act, the Revenue-officer shall also assess or re-assess rent on land in the following cases, namely:- (a)\twhere any land held by a raiyat or non-agricultural tenant has not been assessed to any rent under Chapter IV or section 98A, nor has any rent been settled in respect of such land under section 107; or (b) \twhere any land assessed to rent as agricultural land under any of the provisions mentioned in clause (a), is subsequently used for a non-agricultural purpose or vice versa. In assessing or re-assessing any rent under this sub-section, the Revenue-officer shall have regard to the principles laid down in section 26. (ii)\tWhere only a part of a holding is used for non-agricultural purpose, the Revenue-officer shall take action on the principles laid down in sub-section (3) of section 98A. (5) When a record-of-rights has been prepared or revised so as to contain or include therein the particulars referred to in sub-section (4) 71and the rents assessed or re-assessed under sub-section (4A), the Revenue-officer shall publish a draft of the record-of-rights so prepared or revised in the prescribed manner and for the prescribed period and shall receive and consider any objections which may be made to any entry therein or to any omission therefrom during the period of such publication. (6) Any person aggrieved by an order passed by the Revenue-officer on any objection made under sub-section (5) may prefer an appeal to the prescribed Revenue Authority not below the rank of an Assistant Settlement Officer in such manner and within such period as may be prescribed. (7) When all such objections and appeals have been considered and disposed of according to such rules as the Government may make in this behalf, the Revenue-officer shall finally frame the record and shall cause such record to be finally published in the prescribed manner and the publication shall be conclusive evidence that the record has been duly prepared or revised under this section. (8) When a record-of-rights has been finally published under sub-section (7), the Revenue-officer shall, within such time as the 72Director of Land Records and Surveys may fix in this behalf, make a certificate stating the fact of such final publication and the date thereof and shall date and subscribe the same with his name and official title.", "name": "Revision of the record-of-rights", "related_acts": "", "section_id": 179 }, { "act_id": 241, "details": "144B. (1) When an order has been made under sub-section (1) of section 144 directing the preparation or revision of record-of-rights in respect of any area, then, subject to the provisions of section 111, a civil court shall not entertain any suit or application for the alteration of any rent or determination of the status of any tenant of the incidents of any tenancy in such area and if any such suit or application relating to such area is pending before a civil court on or after the date of such order, it shall not be further proceeded with and shall abate and if any judgement, decree or order has been passed in any such suit or any order has been passed on any such application, after the said date, it shall be inoperative and of no legal effect. (2) No suit or application shall be brought in a civil court in respect of any order directing the preparation or revision of record-of-rights under this Chapter or in respect of framing, publication, signing or attestation of such a record or a ny part of it, and if any such suit or application is pending before a civil court, it shall not be further proceeded with and shall abate and if any judgment, decree or order has been passed in any such suit or any order has been passed on any such application, it shall be inoperative and of no legal effect.", "name": "Bar to jurisdiction of civil court", "related_acts": "", "section_id": 180 }, { "act_id": 241, "details": "145. (1) Where the preparation or revision of a record-of-rights has been directed under this Chapter in respect of any district, part of a district or local area, the expenses incurred in respect of such preparation of revision shall be recoverable from the raiyat and other occupants of land in such proportions and in such instalments, if any, as the Government, having regard to all the circumstances, may determine: Provided that no part of these expenses shall be recoverable from the raiyats and other occupants in the case where the preparation or revision of the record-of-rights has been undertaken under clause (c) of sub-section (2) of section 144 with a view to settlement of fair and equitable rents of such raiyats under the provisions of Chapter XIV. (2) The portion of the aforesaid expenses which any person is liable to pay under sub-section (1) shall be recoverable by the Government as if it were an arrear of rent due in respect of the holding or other interest, as the case may be, of such person, situated within the said district, part of a district or local area.", "name": "Recovery of the cost of revision of record-of-rights", "related_acts": "", "section_id": 181 }, { "act_id": 241, "details": "74***", "name": "", "related_acts": "", "section_id": 182 }, { "act_id": 241, "details": "75145E. Subject to the decisions and orders of the Land Survey Appellate Tribunal, the decisions and orders of the Land Survey Tribunal shall be final.", "name": "Finality of Tribunals decisions and orders", "related_acts": "", "section_id": 183 }, { "act_id": 241, "details": "145F. No suit arising out of the final publication of the last revised record-of-rights prepared under section 144 shall lie in any civil court within the territorial limits of the jurisdiction for which a Land Survey Tribunal is established under section 145A.", "name": "Bar to jurisdiction of Civil Courts", "related_acts": "", "section_id": 184 }, { "act_id": 241, "details": "145G. The Government may, by notification in the official Gazette, at any time, abolish any Land Survey Tribunal established under section 145A and any Land Survey Appellate Tribunal established under section 145B, and while so abolishing, the Government shall, in the same notification, specify the courts where the suits, appeals and other proceedings pending in such Tribunals at the time of such abolition shall be transferred to and be disposed of.", "name": "Power to abolish Tribunals, etc.", "related_acts": "", "section_id": 185 }, { "act_id": 241, "details": "145H. Notwithstanding anything contained to the contrary, in this Act or any other law for the time being in force, the provisions of this Chapter, shall prevail.", "name": "Overriding effect", "related_acts": "", "section_id": 186 }, { "act_id": 241, "details": "145I. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.", "name": "Rule making power", "related_acts": "", "section_id": 187 }, { "act_id": 241, "details": "145B. (1) The Government may, by notification in the official Gazette, establish as many Land Survey Appellate Tribunals as may be required to hear the appeals arising out of the judgment, decree or order of the Land Survey Tribunals. (2) The Government may, by notification in the official Gazette, fix and alter the territorial limits of the jurisdiction of any Land Survey Appellate Tribunal. 76(3) The Government shall appoint the judge of the Land Survey Appellate Tribunal from among the persons who are District judges. 77(3A) Until such judge is appointed under sub-section (3), the Government may empower the District Judge as the judge of the Land Survey Appellate Tribunal of the district.(3B) The District Judge, empowered under sub-section (3A), shall be deemed to be the judge of the Land Survey Appellate Tribunal appointed under sub-section (3).(3C) The Government may, if necessary, appoint one or more Additional District Judges as a judge of the Land Survey Appellate Tribunal to hear appeals transferred by the judge of the Land Survey Appellate Tribunal appointed or empowered under this section.  (4) No appeal other than the appeals arising out of the judgment, decree or order of the Land Survey Tribunal shall lie in the Land Survey Appellate Tribunal. (5) Subject to the provision of sub-section (6), any person aggrieved by any judgment, decree or order of the Land Survey Tribunal may, within three months from the date of such judgment, decree or order, prefer an appeal to the Land Survey Appellate Tribunal. (6) An appeal may be admitted within next three months even after the expiry of the period specified in sub-section (5), if the Land Survey Appellate Tribunal is satisfied with the reasons for delay shown by the appellant.", "name": "Land Survey Appellate Tribunal", "related_acts": "", "section_id": 188 }, { "act_id": 241, "details": "145A. (1) The Government may, by notification in the official Gazette, establish as many Land Survey Tribunals as may be required to dispose of the suits arising out of the final publication of the last revised record-of-rights prepared under section 144. (2) The Government may, by notification in the official Gazette, fix and alter the territorial limits of the jurisdiction of any Land Survey Tribunal.  (3) The Government shall, in consultation with the Supreme Court, appoint the judge of the Land Survey Tribunal from among persons who are Joint District Judges. 78(3A) Until such judge is appointed under sub-section (3), the Government may empower a Joint District Judge in each district as the judge of the Land Survey Tribunal of the district.(3B) The Joint District Judge empowered under sub-section (3A) shall be deemed to be the judge of the Land Survey Tribunal appointed under sub-section (3).(3C) The Government may, if necessary, appoint one or more Senior Assistant judge or Assistant Judge as a judge of the Land Survey Tribunal to dispose of the suits transferred by the judge of the Land Survey Tribunal appointed or empowered under this section. (4) No suit other than the suits arising out of the final publication of the last revised record of rights prepared under section 144 shall lie in the Land Survey Tribunal. (5) If any suit arising out of the final publication of the last revised record-of-rights prepared under section 144 is instituted in any civil court before the establishment of the Land Survey Tribunal under this section, such suit shall stand transferred to the Tribunal as soon as it is established. (6) Subject to the provision of sub-section (7), any person aggrieved by the final publication of the last revised record-of-rights prepared under section 144 may, within one year from the date of such publication or from the date of the establishment of the Land Survey Tribunal, whichever is later, file a suit in such Tribunal. (7) A suit may be admitted within next one year after the expiry of the period specified in sub-section (6), if the Land Survey Tribunal is satisfied with the reasons for delay shown by the plaintiff. 79(7A) The Land Survey Tribunal shall conclude the trail of a suit within 180 (one hundred and eighty) days from the date fixed for its final hearing. (8) The Tribunal shall be competent to declare the impugned record-of-rights to be incorrect and further direct the concerned office to correct the record-of-rights in accordance with its decision, and may also pass such other order as may be necessary.", "name": "Land Survey Tribunal", "related_acts": "", "section_id": 189 }, { "act_id": 241, "details": "145D. (1) For the purposes of disposal of suits or appeals, a Land Survey Tribunal or a Land Survey Appellate Tribunal, as the case may be, shall exercise the powers and follow the procedure under the Code of Civil Procedure, 1908 (V of 1908), so far as not inconsistent with the provisions of this Act or the rules made thereunder, in respect of the following matters, namely:- (a)\tsummoning and enforcing the attendance of any person and examining him; (b)\trequiring the discovery and production of any document; (c)\trequiring evidence on affidavit; (d)\trequisitioning any public record or a copy thereof from any office; (e)\tissuing commissions for the examination of witnesses or documents; and (f)\tsuch other matters as may be prescribed by rules. (2) Any proceeding before a Land Survey Tribunal or a Land Survey Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of section 193 of the Penal Code (XLV of 1860). (3) A Land Survey Tribunal or a Land Survey Appellate Tribunal shall sit at such place or places as the Government may fix. (4) The Judge of the Land Survey Tribunal or Land Survey Appellate Tribunal may make such administrative arrangements as he considers necessary for the performance of the functions of the Land Survey Tribunal or Land Survey Appellate Tribunal, as the case may be. (5) The Land Survey Appellate Tribunal may, of its own motion or upon an application made to it, by order in writing, transfer, at any stage of the proceedings, any suit from one Land Survey Tribunal to another Land Survey Tribunal within the territorial limits of its jurisdiction.", "name": "Powers and procedure of Tribunals", "related_acts": "86", "section_id": 190 }, { "act_id": 241, "details": "80146. (1) The general superintendence and control over all Revenue-officers shall be vested in and all such officers shall be subordinate to, the 81Board of Land Administration. 82(2) Subject to the provisions of sub-section (1), a Commissioner of a division shall exercise control over all other Revenue-officer in his Division. (3) Subject as aforesaid and to the control of the Commissioner of the division, a Collector shall exercise control over all other Revenue-officers in his district.", "name": "Superintendence and control over Revenue-officers", "related_acts": "", "section_id": 191 }, { "act_id": 241, "details": "147. Subject to any special provisions for appeal made in this Part or in any rules made under this Act, an appeal shall lie from every original or appellate order made under any of the provisions of this Part by a Revenue-officer as follows, namely:- (a)\tto the Collector, when the order is made by a Revenue-officer subordinate to the Collector; 83(aa) \tto the Commissioner of the division, when the order is made by the Collector of a district within the division; and 84* * * 85(c) \tto the 86Board of Land Administration, when the order is made by the 87Commissioner of a division.", "name": "Appeals", "related_acts": "", "section_id": 192 }, { "act_id": 241, "details": "148. The period of limitation for an appeal under section 147 shall run from the date of the order appealed against and shall be as follows, that is to say- (a)\twhen the appeal lies to the Collector .............................. thirty days. 88(b) \twhen the appeal lies to the Commissioner of a division ............ sixty days. (bb) \twhen the appeal lies to the 89Board of Land Administration ........................ ninety days. 90* * *", "name": "Limitation for appeals", "related_acts": "", "section_id": 193 }, { "act_id": 241, "details": "149. (1) Subject to any special provision for revision made in this Part, the Collector may of his own motion within one month of the date of any order passed under this Part by a Revenue-officer subordinate to him or on application made in that behalf within one month of the date of such order, revise such order. 91(1a) The Commissioner of a division may, of his own motion, within three months of the date of any order passed under this Part by the Collector of a district within the division or on an application made in that behalf within three months of the date of such order, revise such order. 92* * * 93(3) The 94Board of Land Administration may, of its own motion, within six months of the date of any order passed under this Part by the Commissioner of a division or on an application made in that behalf within six months of the date of such order, revise such order. 95(4) The 96Board of Land Administration may at any time order the correction of any entry in a record-of-rights maintained under this Part or in a settlement rent-roll prepared and finally published under this Part which, it is satisfied, has been made owing to a bona fide mistake: Provided that an order shall not be revised under this section if an appeal has been preferred against such order: Provided further that no order for correction shall be made under sub-section (4) until reasonable notice has been given to the parties concerned to appeal and be heard in the matter.", "name": "Revision", "related_acts": "", "section_id": 194 }, { "act_id": 241, "details": "150. (1) A Revenue-officer may, on application made in that behalf by any party interested or of his own motion review any order passed by himself or by any of his predecessors in office under this Part, and in so reviewing any order, may modify, reverse or confirm any such order: Provided that- (a)\tan application for review of an order shall not be entertained unless it is made within thirty days from the date of such order or, when such application is presented after the expiry of the said period of thirty days, unless the applicant satisfies the Revenue-officer that he had sufficient cause for not making the application within the said period; (b)\tan order shall not be reviewed if an appeal has been preferred against such order or an application for revision of such order has been made to the superior Revenue Authority; and (c)\tan order shall not be modified or reversed on a review unit reasonable notice has been given to the parties concerned to appear and be heard in the matter. (2) No appeal shall lie from an order rejecting an application for review or confirming on a review any previous order.", "name": "Review by Revenue-officer", "related_acts": "", "section_id": 195 }, { "act_id": 241, "details": "151. (1) Sections 6, 7, 8 and 9 and sub-section (2) of section 29 of the Limitation Act, 1908, shall not and, subject to the provisions of Part V of this Act, the remaining provisions of the former Act, shall, so far as applicable, apply to all suits, appeals and applications arising under the said Part. (2) All suits, appeals and applications referred to in Part V shall be instituted and made within the time prescribed therefore; and every such suit instituted, appeal preferred, and application made, after the prescribed period of limitation shall be dismissed, although limitation has not been pleaded.", "name": "Computation of the period of limitation for appeals, applications for revision and review under this Act", "related_acts": "88", "section_id": 196 }, { "act_id": 241, "details": "151B. (1) When any land exempted from payment of rent under section 151A ceases to be used for the purpose for which such exemption was allowed, it shall be liable to be re-assessed to rent and it shall be competent for the Deputy Commissioner to re-assess the rent of such land at a rate which he may deem fair and equitable having regard to the rates of rent generally paid for lands of a similar description and with similar advantages in the same village or in the neighbouring villages: Provided that no such re-assessment shall be made unless not less than fifteen days' notice has been given to the persons concerned to appear and be heard in the matter. (2) Any person aggrieved by an order of the Deputy Commissioner under sub-section (1) may, within thirty days from the date of such order, prefer an appeal to the 98Commissioner of the Division. 99(2a) Any person aggrieved by an order of the Commissioner of the Division under sub-section (2) may, within sixty days from the date of such order make an application to the 100Board of Land Administration for the revision of such order and the order of that Board shall be final. 101* * * (4) The rent re-assessed under this section shall be payable from the beginning of the agricultural year next after the date of such re-assessment.", "name": "Re-assessment of rent on land exempted from payment thereof under section 151A", "related_acts": "", "section_id": 197 }, { "act_id": 241, "details": "151A. (1) Notwithstanding anything contained elsewhere in this Act, where a malik or non-agricultural tenant holds any land which is used primarily as a place of public prayer or religious worship or a public graveyard or a public cremation ground, he may apply in the prescribed form, to the Deputy Commissioner for exempting such land from payment of rent.  (2) Within three months from the date of receipt of such application, the Deputy Commissioner shall, after such enquiry as he deems fit, ascertain whether any land specified in the application is used as mentioned therein. (3) If the Deputy Commissioner is satisfied that any land specified in the application is used as mentioned therein, he shall determine, in the prescribed manner, the area of the land so used and pass an order exempting such area from payment of rent, and, if the Deputy Commissioner is not so satisfied, he shall pass an order rejecting the application. (4) If the area determined under sub-section (3) forms a part of a holding or tenancy, the Deputy Commissioner shall separate such area from the rest of the holding or tenancy and create a separate rent-free tenancy for such area. (5) Where a separate rent-free tenancy is created under sub-section (4), the Deputy Commissioner shall reduce the rent payable in respect of the holding or tenancy out of which such rent-free tenancy is created in proportion to the area of such rent-free tenancy. (6) Any person aggrieved by an order of the Deputy Commissioner under sub-section (3) may, within thirty days from the date of such order, prefer an appeal to the 102Commissioner of the Division. 103(6a) Any person aggrieved by an order of the Commissioner of the Division under sub-section (6) may, within sixty days from the date of such order, make an application to the 104Board of Land Administration for the revision of such order.  105* * * (8) The 106Board of Land Administration may, at any time, of its own motion, revise any order passed under this section by 107the Commissioner of the Division or the Deputy Commissioner. (9) An order for exemption from payment of rent under this section shall take effect from the beginning of the agricultural year next after the date of such order. Explanation- In this section- (a) 'a place of public prayer or religious worship' means a public place specifically ear-marked, permanently preserved and regularly used exclusively for the purpose of offering prayers or worship by the followers of any particular religion or faith, such as Mosque, Jamatkhana, Eidgah, Temple, Church, Math, Synagogue, Pagoda, etc., and includes such adjuncts thereto as are necessary for such purpose and treated as appertaining to such place, but does not include any place used for deriving pecuniary benefit therefrom; and (b) 'Deputy Commissioner' includes Additional Deputy Commissioner (Revenue).", "name": "Exemption of rent in respect of certain land", "related_acts": "", "section_id": 198 }, { "act_id": 241, "details": "151G. A head of a family, who, or any of the members of whose family, acquires agricultural land making the entire quantity of agricultural land held by such family liable to the payment of land revenue under section 151F, shall, within ninety days of the date of such acquisition, submit to the Revenue-officer a statement of all agricultural lands held by him and the other members of his family in such form and manner as may be prescribed.", "name": "Compulsory submission of statement by head of the family acquiring land in certain cases", "related_acts": "", "section_id": 199 }, { "act_id": 241, "details": "151H. A head of a family, who fails to submit a statement under section 151G within the specified time or wilfully makes any omission from, or incorrect declaration in, the statement submitted by him under the said section, shall be liable to a fine which may extend to taka one thousand and the land for which no statement has been filed or which has been omitted from the statement or in respect of which the incorrect declaration is made shall stand forfeited to the Government.", "name": "Penalty for non-submission of statement or wilful suppression of land", "related_acts": "", "section_id": 200 }, { "act_id": 241, "details": "151C. Notwithstanding anything contained elsewhere in this Act and subject to the provisions of this Chapter, where the total area of agricultural land held in Bangladesh by a family does not exceed twenty-five standard bighas, such family shall be exempted from payment of land revenue in respect of such lands with effect from the first Baisakh of 1379 B. S. or from such date as it may be entitled to such exemption under section 151I, as the case may be: Provided that a family holding a total area of agricultural land exceeding twenty-five standard bighas on the 16th day of December, 1971, shall not be entitled to claim any exemption from payment of land revenue as a result of decrease in the total area to twenty-five standard bighas or less due to any transfer made during the period from the 16th day of December, 1971, to the last date for submission of the statement under section 151D: Provided further that exemption from payment of land revenue under this section or under section 151I shall not absolve any person from the liability of payment of the Development and Relief Tax under the Finance (Third) Ordinance, 1958 (E.P. Ord. LXXXII of 1958), the Additional Development and Relief Tax under the Finance Ordinance, 1970 (E.P. Ord. XVI of 1970), the Education Cess under the Bengal (Rural) Primary Education Act, 1930 (Ben. Act VII of 1930) and the Local Rate under the Basic Democracies Order, 1959 (P.O. 8 of 1959), payable on the basis of land revenue and such other taxes, rates and cesses as may be payable under any other law for the time being in force.", "name": "Exemption of land revenue in respect of agricultural land in certain cases", "related_acts": "283", "section_id": 201 }, { "act_id": 241, "details": "151D. 109By the 31st day of January, 1973 all heads of families, who either individually or with other members of their families held or hold more than twenty-five standard bighas of agricultural lands in Bangladesh on the 16th day of December, 1971, or on the date of submission of the statement, shall submit to the Revenue-officer a statement of all such lands in such form and manner as may be prescribed 110: Provided that the Government may extend the time for submission of such statements in all cases or in any particulars case or class of cases or in respect of any area up to such date as it thinks fit.", "name": "Compulsory filing of statements by heads of families holding more than twenty-five bighas of agricultural land", "related_acts": "", "section_id": 202 }, { "act_id": 241, "details": "151E. Any head of a family, who fails, without any reasonable cause, to submit the statement required under section 151D within the specified time or wilfully makes any omission from, or incorrect declaration in, the statement submitted by him under the said section, shall be liable to a fine which may extend to taka one thousand, and the land for which no statement has been filed or which has been omitted from the statement or in respect of which the incorrect declaration is made shall stand forfeited to the Government: Provided that where the failure to submit the statement or the omission from, or incorrect declaration in, the statement relates to any land transferred by any member of the family on or after the 16th day of December, 1971, such land shall not be forfeited but an equivalent quantity of land out of the lands actually held by any member or members of the family shall be forfeited in lieu thereof.", "name": "Penalty for non-submission of statements or wilful supression of land", "related_acts": "", "section_id": 203 }, { "act_id": 241, "details": "151F. If any person who is exempted from payment of land revenue under section 151C subsequently acquires at any time agricultural land by inheritance, purchase, gift, heba or otherwise which, added to the total quantity of agricultural land already held by him and other members of his family, exceeds twenty-five standard bigahs in the aggregate, the entire quantity of agricultural land held by him and the other members of his family shall be liable to the payment of land revenue with effect from the following dates, namely:- (i)\tin case of acquisition before the first day of Kartik of the Bengali year, with effect from the first day of Kartik of that year; and (ii)\tin case of acquisition on or after the first day of Kartik of the Bengali year, from the first day of the Bengali year next following the date of such acquisition.", "name": "Liability of exempted holdings for re-assessment in certain cases", "related_acts": "", "section_id": 204 }, { "act_id": 241, "details": "151I. Where the total area of agricultural land held by a family liable to the payment of land revenue decreases after the submission of the statement under section 151D or section 151G to twenty-five standard bighas or less due to inheritance or bone fide transfer, the head of such family may apply, in the prescribed form, praying for exemption from payment of land revenue, to the Revenue-officer stating the dates and reasons for such decrease, and the Revenue-officer shall, on being satisfied about the statement made in the application after making such enquiry as he deems fit, pass an order allowing such exemption with effect from the following dates, namely:- (i)\tin case the application is made before the first day of Kartik of the Bengali year, with effect from the first day of Kartik of that year; and (ii)\tin case the application is made on or after the first day of Kartik of the Bengali year, from the first day of the Bengali year next following the date of such application.", "name": "Exemption from payment of land revenue in case of decrease in area", "related_acts": "", "section_id": 205 }, { "act_id": 241, "details": "111151J. For the purpose of this Chapter- (a)\t“family” in relation to a person includes such person and his wife, son, unmarried daughter, son's wife, son's son and son's unmarried daughter: Provided that an adult and married son who has been living in a separate mess independently of his parents continuously since 112* * * before the 16th day of December, 1971, and his wife, son and unmarried daughter shall be deemed to constitute a separate family: Provided further that in the cases of lands held under wakf, wakf-al-al-aulad, debuttar or any other trust where the beneficiaries have no right to alienate such lands as their personal property, all such beneficiaries together shall be deemed to constitute a separate family in relation to such land; and (b)\t“head of a family” means- (i)\tin cases other than those mentioned in the second proviso to clause (a) the person, male or female, in relation to whom a family is determined by the Revenue-officer in the prescribed manner, and (ii)\tin the cases mentioned in the second proviso to clause (a), the Mutawalli, Sebait or Trustee, as the case may be.", "name": "Definition of family and head of family", "related_acts": "", "section_id": 206 }, { "act_id": 241, "details": "152. (1) The Government may, after previous publication, make rules for carrying out the purposes of this Part. (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 the application referred to in sub-section (1) of section 86 and the manner of and procedure for determining the amount of abatement referred to in that sub-section; 113* * * (c)\tthe form of the notice referred to in clause (a) of sub-section (1) and sub-section (4) of section 89 and the amounts of process fees referred to therein; (d)\tthe Revenue Authority referred to in sub-sections (3) and (4) of section 90; (e)\tthe form of the notice referred to in clause (b) of sub-section (1) of section 92 and the manner in which and the period within which such notice is to be given, and the manner of publication of the notice referred to in sub-section (3) of that section; (f)\tthe manner of selection of land by the Revenue-officer for transferring encumbrances under section 94; (g) \tthe procedure to be followed and the power to be exercised by Revenue-officers in determining the rent-rates referred to in clause (a) of sub-section (1) of section 99, and the form of a table of rent-rates under that clause, the manner of preparing such table and the particulars to be specified therein; (h)\tthe form of a settlement rent-roll under clause (b) of sub-section (1) of section 99, the manner of preparing the same and the particulars to be specified therein; (i)\tthe manner of determining the normal yield per acre of land referred to in clause (b) of sub-section (2) and in sub-section (3) of section 100; (j)\tthe manner of determining the average rate of rent referred to in clause (f) of sub-section (2) and in sub-section (3) of section 100; (k)\tthe manner and period of publication of a draft table of rent-rates under sub-section (1) of section 101 and the Revenue Authority referred to in sub-section (3) of that section; (l)\tthe manner and period of publication of a draft settlement rent-roll under sub-section (1) of section 108, and the disposal of objections under that sub-section; (m)\tthe confirming authority referred to in sub-section (1) of section 109 and the manner of final publication of the settlement rent-roll under sub-section (3) of that section; (n)\tthe superior Revenue Authority referred to in sub-section (1) of section 110; (o)\tthe manner of presenting an appeal referred to in sub-section (1) of section 111; 114* * * (q)\tthe form of the application referred to in sub-section (1) of section 119; (r) \tthe manner of making the inquiry referred to in sub-section (1) of section 120, the superior Revenue Authority to whom the application referred to in that sub-section is to be submitted by the Revenue-officer and the procedure to be followed in dealing with the applications referred to in sub-section (2) of that section; (s) \tthe manner of preparation of the scheme for consolidation of holdings referred to in sub-section (1) of section 122 and the appointment and constitution of the Advisory Committee referred to in sub-section (2) of that section; (t) \tthe manner and period of publication of a draft scheme for consolidation of holdings under sub-section (1) of section 123 and the disposal of objections under that sub-section; (u) \tthe period within which and the manner in which an appeal under sub-section (1) of section 124 and a second appeal under sub-section (2) of that section shall be presented and the superior Revenue Authority referred to in sub-section (1) of that section; (v)\tthe manner of assessment of the cost of proceedings for consolidation of holdings referred to in sub-section (1) of section 132 and the recovery of such cost under that sub-section; (w)\tthe dates of payment of instalments of rent referred to in sub-section (1) of section 135; (x)\tthe manner of payment or tender of rent by postal money order under section 136; (y)\tthe form of the written receipt referred to in section 138; (z)\tthe procedure to be followed in recovering arrears of rent under section 141; (za)\tthe manner in which the record-of-rights referred to in section 143 shall be maintained up-to-date; (zb)\tthe procedure to be followed and the powers to be exercised by Revenue-officers in revising the record-of-rights under section 144.", "name": "Power to make rules", "related_acts": "", "section_id": 207 } ], "text": "An Act to provide for the acquisition by the State of the interests of rent-receivers and certain other interests in land in Bangladesh and to define the law relating to tenancies to be held under the State after such acquisition and other matters connected therewith.♣♠ WHEREAS it is expedient to provide for the acquisition by the State of the interests of rent-receivers and certain other interests in land in Bangladesh and to define the law relating to tenancies to be held under the State after such acquisition and other matters connected therewith; It is hereby enacted as follows:-" }

{ "id": 242, "lower_text": [ "1 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 The words “father or mother” were substituted for the word “father” by section 2 of The Citizenship (Amendment) Act, 2009 (Act. No. XVII of 2009) (with effect from 31st December, 2008).", "3 The words “father or mother” were substituted for the word “father” by section 2 of The Citizenship (Amendment) Act, 2009 (Act. No. XVII of 2009) (with effect from 31st December, 2008).", "4 The words “father or mother” were substituted for the word “father” by section 2 of The Citizenship (Amendment) Act, 2009 (Act. No. XVII of 2009) (with effect from 31st December, 2008).", "5 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (P.O. No. 48 of 1972)" ], "name": "The Citizenship Act, 1951", "num_of_sections": 23, "published_date": "13th April, 1951", "related_act": [ 33, 242, 388, 138 ], "repelled": false, "sections": [ { "act_id": 242, "details": "1. (l) This Act may be called the 1* * * Citizenship Act, 1951. (2) It shall come into force at once.", "name": "Short title and commencement", "related_acts": "242", "section_id": 1 }, { "act_id": 242, "details": "2. In this Act- “alien” means a person who is not a citizen of Bangladesh or a Commonwealth citizen; “Indo-Pakistan sub-continent” means India as defined in the Government of India Act, 1935, as originally enacted; “minor” means, notwithstanding anything in the Majority Act, 1875, any person who has not completed the age of twenty-one years; “prescribed” means prescribed by rules made under this Act; “Commonwealth citizen” means a person who has the status of a Commonwealth citizen under the British Nationality Act, 1948;  “British protected person” means a person who has the status of a British protected person for the purposes of the British Nationality Act, 1948.", "name": "Definitions", "related_acts": "33", "section_id": 2 }, { "act_id": 242, "details": "3. At the commencement of this Act every person shall be deemed to be a citizen of Bangladesh- (a) \twho or any of whose parents or grandparents was born in the territory now included in Bangladesh and who after the fourteenth day of August, 1947, has not been permanently resident in any country outside Bangladesh; or (b) \twho or any of whose parents or grandparents was born in the territories included in India on the thirty-first day of March, 1937, and who, except in the case of a person who was in the service of Bangladesh or of any Government or Administration in Bangladesh at the commencement of this Act, has or had his domicile within the meaning of Part II of the Succession Act, 1925, as in force at the commencement of this Act, in Bangladesh or in the territories now included in Bangladesh; or (c) \twho is a person naturalised as a British subject in Bangladesh; and who, if before the date of the commencement of this Act he has acquired the citizenship of any foreign State, has before that date renounced the same by depositing a declaration in writing to that effect with an authority appointed or empowered to receive it; or (d) \twho before the commencement of this Act migrated to the territories now included in Bangladesh from any territory in the Indo-Pakistan sub-continent outside those territories with the intension of residing permanently in those territories.", "name": "Citizenship at the date of commencement of this Act", "related_acts": "138", "section_id": 3 }, { "act_id": 242, "details": "4. Every person born in Bangladesh after the commencement of this Act shall be a citizen of Bangladesh by birth: Provided that a person shall not be such a citizen by virtue of this section if at the time of his birth- (a) \this father possesses such immunity from suit and legal process as is accorded to an envoy of an external sovereign power accredited in Bangladesh and is not a citizen of Bangladesh ; or  (b) \this father is an enemy alien and the birth occurs in a place then under occupation by the enemy.", "name": "Citizenship by birth", "related_acts": "", "section_id": 4 }, { "act_id": 242, "details": "5. Subject to the provisions of section 3 a person born after the commencement of this Act, shall be a citizen of Bangladesh by descent if his 2father or mother is a citizen of Bangladesh at the time of his birth: Provided that if the 3father or mother of such person is a citizen of Bangladesh by descent only, that person shall not be a citizen of Bangladesh by virtue of this section unless- (a) that person's birth having occurred in a country outside Bangladesh the birth is registered at a Bangladesh Consulate or Mission in that country, or where there is no Bangladesh Consulate or Mission in that country at the prescribed Consulate or Mission or at a Bangladesh Consulate or Mission in the country nearest to that country; or (b) that person's 4father or mother is, at the time of the birth, in the service of any Government in Bangladesh.", "name": "Citizenship by descent", "related_acts": "", "section_id": 5 }, { "act_id": 242, "details": "6. (1) The Government may, upon his obtaining a certificate of domicile under this Act, register as a citizen of Bangladesh by migration any person who after the commencement of this Act and before the first day of January, 1952, has migrated to the territories now included in Bangladesh from any territory in the Indo-Pakistan sub-continent outside those territories, with the intention of residing permanently in those territories: Provided that the Government may, by general or special order, exempt any person or class of persons from obtaining a certificate of domicile required under this sub-section. (2) Registration granted under the preceding sub-section shall include, besides the person himself, his wife, if any, unless his marriage with her has been dissolved, and any minor child of his dependent whether wholly or partially upon him.", "name": "Citizenship by migration", "related_acts": "", "section_id": 6 }, { "act_id": 242, "details": "7. Notwithstanding anything in sections 3, 4 and 6, a person who has after the first day of March, 1947, migrated from the territories now included in Bangladesh to the territories now included in India shall not be a citizen of Bangladesh under the provisions of these sections: Provided that nothing in this section shall apply to a person who, after having so migrated to the territories now included in India has returned to the territories now included in Bangladesh under a permit for resettlement or permanent return issued by or under the authority of any law for the time being in force.", "name": "Persons migrating from the territories of Bangladesh", "related_acts": "", "section_id": 7 }, { "act_id": 242, "details": "8. The Government may, upon application made to it in this behalf, register as a citizen of Bangladesh any person who, or whose father or whose father's father, was born in the Indo-Pakistan sub-continent and who is ordinarily resident in a country outside Bangladesh at the commencement of this Act, if he has, unless exempted by the Government in this behalf, obtained a certificate of domicile: Provided that a certificate of domicile shall not be required in the case of any such person who is out of Bangladesh under the protection of a Bangladesh passport, or in the case of any such person whose father or whose father's father is at the commencement of this Act residing in Bangladesh or becomes, before the aforesaid application is made, a citizen of Bangladesh.", "name": "Rights of citizenship of certain persons resident abroad", "related_acts": "", "section_id": 8 }, { "act_id": 242, "details": "9. The Government may, upon an application made to it in that behalf by any person who has been granted a certificate of naturalisation under the Naturalisation Act, 1926, register that person as a citizen of Bangladesh by naturalisation: Provided that the Government may register any person as a citizen of Bangladesh without his having obtained a certificate of naturalisation as aforesaid.", "name": "Citizenship by naturalization", "related_acts": "", "section_id": 9 }, { "act_id": 242, "details": "10. (1) Any woman who by reason of her marriage to a British subject before the first day of January, 1949, has acquired the status of a British subject shall, if her husband becomes a citizen of Bangladesh, be a citizen of Bangladesh. (2) Subject to the provisions of sub-section (1) and sub-section (4) a woman who has been married to a citizen of Bangladesh or to a person who but for his death would have been a citizen of Bangladesh under sections 3, 4 or 5 shall be entitled, on making application therefore to the Government in the prescribed manner, and, if she is an alien, on obtaining a certificate of domicile and taking the oath of allegiance in the form set out in the Schedule to this Act, to be registered as a citizen of Bangladesh whether or not she has completed twenty-one years of her age and is of full capacity. (3) Subject as aforesaid, a woman who has been married to a person who, but for his death, could have been a citizen of Bangladesh under the provisions of sub-section (1) of section 6 (whether he migrated as provided in that sub-section or is deemed under the proviso to section 7 to have so migrated) shall be entitled as provided in sub-section (2) subject further, if she is an alien, to her obtaining the certificate and taking the oath therein mentioned. (4) A person who has ceased to be a citizen of Bangladesh under section 14 or who has been deprived of citizenship of Bangladesh under this Act shall not be entitled to be registered as a citizen thereof under this section but may be so registered with the previous consent of the Government.", "name": "Married women", "related_acts": "", "section_id": 10 }, { "act_id": 242, "details": "11. (l) The Government may, upon, application to it in this behalf made in the prescribed manner by a parent or guardian of a minor child of a citizen of Bangladesh, register the child as a citizen of Bangladesh. (2) The Government may, in such circumstances as it thinks fit, register any minor as a citizen of Bangladesh.", "name": "Registration of minors", "related_acts": "", "section_id": 11 }, { "act_id": 242, "details": "12. Any person registered as a citizen of Bangladesh shall be such a citizen from the date of his registration.", "name": "Citizenship by registration to begin on date of registration", "related_acts": "", "section_id": 12 }, { "act_id": 242, "details": "13. If any territory becomes a part of Bangladesh the President may, by order, specify the persons who shall be citizens of Bangladesh by reason of their connection with that territory; and those persons shall be citizens of Bangladesh from such date and upon such conditions, if any, as may be specified in the order.", "name": "Citizenship by incorporation of territory", "related_acts": "", "section_id": 13 }, { "act_id": 242, "details": "14. (l) Subject to the provisions of this section if any person is a citizen of Bangladesh under the provisions of this Act, and is at the same time a citizen or national of any other country, he shall, unless he makes a declaration according to the laws of that other country renouncing his status as citizen or national thereof, cease to be a citizen of Bangladesh. (1A) Nothing in sub-section (1) applies to a person who has not attained twenty-one years of his age. (2) Nothing in sub-section (1) shall apply to any person who is a subject of an Acceding State so far as concerns his being a subject of that State.", "name": "Dual citizenship or nationality not permitted", "related_acts": "", "section_id": 14 }, { "act_id": 242, "details": "15. Every person becoming a citizen of Bangladesh under this Act shall have the status of a Commonwealth citizen.", "name": "Persons becoming citizens to have the status of Commonwealth citizens", "related_acts": "", "section_id": 15 }, { "act_id": 242, "details": "16. (1) A citizen of Bangladesh shall cease to be a citizen of Bangladesh if he is deprived of that citizenship by an order under the next following sub-sections. (2) Subject to the provisions of this section the Government may by order deprive any such citizen of his citizenship if it is satisfied that he obtained his certificate of domicile or certificate of naturalisation under the Naturalisation Act, 1926 by means of fraud, false representation or the concealment of any material fact, or if his certificate of naturalisation is revoked. (3) Subject to the provisions of this section the Government may by order deprive any person who is a citizen of Bangladesh by naturalisation of his citizenship of Bangladesh if it is satisfied that that citizen- (a) \thas shown himself by any act or speech to be disloyal or disaffected to the Constitution of Bangladesh ; or (b)\t has, during a war in which Bangladesh is or has been engaged, unlawfully traded or communicated with the enemy or engaged in or associated with any business that was to his knowledge carried on in such a manner as to assist the enemy in that war ; or  (c) \thas within five years of being naturalised been sentenced in any country to imprisonment for a term of not less than twelve months. (4) The Government may on an application being made or on its own motion by order deprive any citizen of Bangladesh of his citizenship if it is satisfied that he has been ordinarily resident in a country outside Bangladesh for a continuous period of seven years beginning not earlier than the commencement of this Act and during that period has neither- (i) been at any time in the service of any Government in Bangladesh or of an international organisation of which Bangladesh has, at any time during that period been a member; nor (ii) registered annually in the prescribed manner at a Bangladesh Consulate or Mission or in a country where there is no Bangladesh Consulate or Mission at the prescribed Consulate or Mission or at a Bangladesh Consulate or Mission in a country nearest to the country of his residence his intention to retain Bangladesh citizenship. (5) The Government shall not make an order depriving a person of citizenship under this section unless it is satisfied that it is in the public interest that that person should not continue to be a citizen of Bangladesh. (6) Before making an order under this section the Government shall give the person against whom it is proposed to make the order notice in writing informing him of the grounds on which it is proposed to make the order and calling upon him to show cause why it should not be made. (7) If it is proposed to make the order on any of the grounds specified in sub-sections (2) and (3) of this section and the person against whom it is proposed to make the order applies in the prescribed manner for an inquiry, the Government shall, and in any other case may, refer the case to a committee of inquiry consisting of a chairman, being a person possessing judicial experience, appointed by the Government and of such other members appointed by the Government as it thinks proper.", "name": "Deprivation of citizenship", "related_acts": "", "section_id": 16 }, { "act_id": 242, "details": "17. The Government may upon an application being made to it in the prescribed manner containing the prescribed particulars grant a certificate of domicile to any person in respect of whom it is satisfied that he has ordinarily resided in Bangladesh for a period of not less than one year immediately before the making of the application, and has acquired a domicile therein.", "name": "Certificate of domicile", "related_acts": "", "section_id": 17 }, { "act_id": 242, "details": "18. The Government may, by order notified in the official Gazette, direct that any power conferred upon it or duty imposed on it by this Act shall, in such circumstances, and under such conditions, if any, as may be specified in the direction, be exercised or discharged by such authority or officer as may be specified.", "name": "Delegation of powers", "related_acts": "", "section_id": 18 }, { "act_id": 242, "details": "19. (l) Where a person with respect to whose citizenship a doubt exists, whether on a question of law or fact, makes application in that behalf to the Government, the Government may grant him a certificate that at the date of the certificate he is a citizen of Bangladesh. (2) The certificate, unless it is proved to have been obtained by fraud, false representation or concealment of any material fact, shall be conclusive evidence of the fact recorded in it.", "name": "Cases of doubt as to citizenship", "related_acts": "", "section_id": 19 }, { "act_id": 242, "details": "20. The Government may upon such terms and conditions as it may by general or special order specify register a Commonwealth citizen or a British protected person as a citizen of Bangladesh.", "name": "Acquisition of Bangladesh citizenship by citizens of Commonwealth countries", "related_acts": "", "section_id": 20 }, { "act_id": 242, "details": "21. Any person who in order to obtain or prevent the doing of anything under the Act makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, shall be deemed to have committed an offence punishable under section 177 of the 5* * * Penal Code.", "name": "Penalties", "related_acts": "", "section_id": 21 }, { "act_id": 242, "details": "22. (l) For the purposes of this Act a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country shall be deemed to have been born in the place in which the ship or aircraft was registered or as the case may be in that country. (2) Any reference in this Act to the status or description of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father be construed as a reference to the status or description of the father at the time of the father's death; and where that death occurred before, and the birth occurs after the commencement of this Act, the status or description which would have been applicable to the father had he died after the commencement of this Act shall be deemed to be the status or description applicable to him at the time of his death.", "name": "Interpretation", "related_acts": "", "section_id": 22 }, { "act_id": 242, "details": "23. (1) The Government may frame rules for carrying into effect the provisions of this Act. (2) No rule framed under this Act shall have effect unless published in the official Gazette.", "name": "Rules", "related_acts": "", "section_id": 23 } ], "text": "An Act to provide for Bangladesh citizenship. ♣ ♠ WHEREAS it is expedient to make provision for citizenship of Bangladesh;  It is hereby enacted as follows:-" }

{ "id": 243, "lower_text": [ "1 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 The words “a Subdivisional Officer and” 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 words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "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 words “Commissioner of Division” were substituted for the word “Government” by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "6 Sub-section (2) was substituted by Article 3 and the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)", "7 Sub-section (2a) was inserted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "8 The words “Board of Land Administration” were substituted for the words “Commissioner of Division” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982)", "9 Sub-section (3) was substituted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "10 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The Prevention of Transfer of Property and Removal of Documents and Records Act, 1952 (East Bengal Act)", "num_of_sections": 11, "published_date": "30th October, 1952", "related_act": [ 388, 430 ], "repelled": false, "sections": [ { "act_id": 243, "details": "1.\t(1) This Act may be called the 1* * * Prevention of Transfer of Property and Removal of Documents and Records Act, 1952. (2) It extends to the whole of Bangladesh. (3) It shall be deemed to have come into force on the 21st day of July, 1951.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 243, "details": "2.\tIn this Act, unless there is anything repugnant in the subject or context,- (a)\t“Collector” means the Collector of a district and includes 2* * * such other officers not below the rank of a Deputy Collector as may be appointed by the Government to discharge all or any of the functions of a Collector under this Act; (b)\t“cutchery building” means a building or part of a building which, on the 16th May, 1951, or thereafter, was or is used primarily as office or cutchery for the management including collection of rents and cesses of any estate, taluk, or tenure or as the residence of staff employed in such management, with the land under it and necessary adjuncts thereto; (c)\t“transfer” means transfer by private sale, exchange, lease, gift, mortgage or charge; and (d)\tall other words and expressions used in this Act and in the 3* * * State Acquisition and Tenancy Act, 1950, shall have the same meanings as in that Act.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 243, "details": "3. (1)\tNotwithstanding anything contained in any other law for the time being in force or in any contract, no person shall transfer, without the previous permission of the Collector in writing,- (i)\tany cutchery building; or (ii)\tany land contiguous to any cutchery building which, on the 16th May, 1951, lay vacant and was not used for agricultural purposes; or (iii)\tany vacant land situated within any hat or bazar. (2)\tEvery transfer made in contravention of sub-section (1) shall be null and void.", "name": "Prohibition against transfer of cutchery buildings and certain lands contiguous thereto", "related_acts": "", "section_id": 3 }, { "act_id": 243, "details": "4. (1) Any cutchery building or land as is referred to in sub-section (1) of section 3, if transferred by any person between the 16th day of May, 1951, and the 21st day of July, 1951, shall, notwithstanding anything contained in any other law for the time being in force or in any contract, be deemed to have been re-transferred to such person on the 21st day of July, 1951. (2) The transferor in respect of such transfer shall be liable to refund to the transferee or his successor-in-interest, the consideration of such transfer; and the amount or value of such consideration shall, on an application of the transferee or his successor-in-interest to the Collector within two years from the 21st day of July, 1951, be recoverable from such transferor as a public demand.", "name": "Provision regarding transfers made between the 16th May, 1951, and the 21st day of July, 1951", "related_acts": "", "section_id": 4 }, { "act_id": 243, "details": "5.\t(1) No rent-receiver shall, after the coming into force of this Act, remove or cause to be removed any document or record relating to any estate, taluk, or tenure, to any place outside Bangladesh, or destroy or cause to be destroyed such document or record. (2) If any document or record as aforesaid has been removed by any rent-receiver before the commencement of this Act to any place outside the Bangladesh, the Collector may serve an order on such rent-receiver directing him to bring back such document or record to Bangladesh within the time specified in such order. (3) For the purpose of inspection of any document or record relating to any estate, taluk, or tenure, it shall be lawful for the Collector or any officer authorised by him in writing, to enter into or upon any cutchery building or premises, where the Collector or such officer has reason to believe that such document or record has been kept: Provided that no such entry shall be made between sunset and sunrise and without giving two hours' notice to the rent-receiver concerned of his intention to do so. (4) Before entering into or upon any cutchery building or premises under the provisions of sub-section (3), the Collector or any officer authorised by him may issue a direction upon the rent-receiver to inform him in writing, within the time specified in such direction, the place where such document or record has been kept.", "name": "Safeguards against removal of records", "related_acts": "", "section_id": 5 }, { "act_id": 243, "details": "6. (1) If any person has transferred any cutchery building or land in contravention of sub-section (1) of section 3, the Collector may impose on him a fine which may extend to twice the value or amount of the consideration for such transfer and may also pass an order forfeiting such Cutchery building or land to the Government. (2) If any rent-receiver has removed or destroyed or caused to be removed or destroyed any document or record in contravention of sub-section (1) of section 5, or fails to comply with an order under sub-section (2) of that section, the Collector may impose on him a fine which may extend to ten thousand 4taka. (3) The fine imposed under this section shall be recoverable as a public demand. (4) When the Collector has passed an order under sub-section (1) forfeiting any cutchery building or land to the Government, it shall be lawful for him to take actual possession thereof, and in doing so, he may use or cause to be used such force as may be necessary.", "name": "Penalty", "related_acts": "", "section_id": 6 }, { "act_id": 243, "details": "7. (1) An appeal against any order passed by the Collector under sub-section (1) or sub-section (2) of section 6, if presented within thirty days from the date of the order appealed against, shall lie to the 5Commissioner of Division. 6(2) If no appeal has been preferred under sub-section (1), the Government may, at any time, of its own motion, revise any order passed by the Collector under sub-section (1) or sub-section (2) of section 6. 7(2a)The Government may, of its own motion or on application of the aggrieved person made within thirty days from the date of the order, revise any order passed by the 8Board of Land Administration on appeal under sub-section (1). 9(3) An order of the Government passed under sub-section (2) or sub-section (2a) shall be final.", "name": "Appeal and revision", "related_acts": "", "section_id": 7 }, { "act_id": 243, "details": "8. Any person empowered to perform any function under this Act shall be deemed to be a public servant within the meaning of section 21 of the 10* * * Penal Code.", "name": "Public servant", "related_acts": "", "section_id": 8 }, { "act_id": 243, "details": "9. (1) No suit or legal proceeding shall lie against the Government in respect of anything which is, in good faith, done or intended to be done under this Act. (2) No suit, prosecution or 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": "Indemnity", "related_acts": "", "section_id": 9 }, { "act_id": 243, "details": "10. Repeal and saving.- 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": 10 }, { "act_id": 243, "details": "11.\tThe Government may make rules for carrying out the purposes of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 11 } ], "text": "♣ An Act to provide against certain difficulties in the way of speedy acquisition of interest in land under the * * * State Acquisition and Tenancy Act, 1950. WHEREAS it is expedient to provide against certain difficulties created or sought to be created by certain classes of persons in the way of speedy acquisition of estates, taluks, tenures and other interests in land, under the provisions of the * * * State Acquisition and Tenancy Act, 1950; It is hereby enacted as follows:-" }

{ "id": 244, "lower_text": [ "1 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 The word “Bangladesh” was substituted for the words “East Pakistan” by Article 5 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "3 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "4 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "5 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The Service Tenants (Protection) Act, 1952 (East Bengal Act)", "num_of_sections": 5, "published_date": "5th November, 1952", "related_act": [ 59, 388 ], "repelled": false, "sections": [ { "act_id": 244, "details": "1.\t(1) This Act may be called the 1* * * Service Tenants (Protection) Act, 1952. (2) It extends to the whole of 2Bangladesh.", "name": "Short title and extent", "related_acts": "", "section_id": 1 }, { "act_id": 244, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Civil Court” means a Civil Court within the meaning of the 3* * * Civil Courts Act, 1887 and includes any Court exercising appellate or revisional jurisdiction over any such Court; (b)\t“service tenant” means a person who holds land under another person for agricultural or horticultural purpose or for the purpose of residence, free of rent, in consideration of some service to be rendered by him to that person, under the system usually known as Nankar, Chakran or the like.", "name": "Definitions", "related_acts": "59", "section_id": 2 }, { "act_id": 244, "details": "3. Notwithstanding anything contained in any other law for the time being in force, no Civil Court shall, after the coming into force of this Act, entertain any application for execution of a decree for ejectment of a service tenant or other proceedings relating thereto, and such application or proceedings as also any suit for ejectment of such tenant, if pending before a Civil Court, shall not be further proceeded with and shall abate. Explanation.- For the purpose of this section, “suit” includes appeal.", "name": "Bar to suits and proceedings and abatement thereof", "related_acts": "", "section_id": 3 }, { "act_id": 244, "details": "4. (1) The provisions of Chapter III of the 4* * * State Acquisition and Tenancy Act, 1950, shall, so far as may be, apply to the lands held by service tenants in respect of which suits and proceedings are barred under section 3. (2) For the purpose of sub-section (1), the expression “within six months from the date of commencement of this Act”, occurring in sub-section (1) of section 12 of the said Act, shall be deemed to have been substituted by the expression “within three months from the date of commencement of the 5* * * Service Tenants (Protection) Act, 1952”.", "name": "Application of Chapter III of the E.B. Act XXVIII of 1951", "related_acts": "", "section_id": 4 }, { "act_id": 244, "details": "5. Repeal and saving.- Omitted by section 3 and the Second Schedule of the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).", "name": "Omitted", "related_acts": "", "section_id": 5 } ], "text": "An Act to make provisions for the protection of service tenants from ejectment. WHEREAS it is expedient to make provisions for the protection of service tenants from ejectment; It is hereby enacted as follows:-" }

{ "id": 245, "lower_text": [ "1 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 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)", "3 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)", "4 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The Undesirable Advertisements Control Act, 1952 (East Bengal Act)", "num_of_sections": 10, "published_date": "22nd November, 1952", "related_act": [ 388, 430 ], "repelled": false, "sections": [ { "act_id": 245, "details": "1.\t(1) This Act may be called the 1* * * Undesirable Advertisements Control Act, 1952. (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.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 245, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t“advertisement” includes any notice, sign, visible representation, announcement, bill, hand-bill, circular or pamphlet, whether pictorial or otherwise; (2)\t“prescribed” means prescribed by rules made under this Act; (3)\t“sexual disorder” means any ailment, irregularity, affection or diseased condition of the organs of generation; (4)\t“venereal disease” means syphilis, gonorrhoea or soft chancre or any sign, symptom or sequela of such disease, and includes such other venereal diseases as may be prescribed by the Government in this behalf.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 245, "details": "3. (1) No person shall, by means of any advertisement, treat, or offer to treat, any person for, or advertise the treatment of, any venereal disease, sexual disorder, irregularity of menstruation or any other prescribed disease, infirmity or abnormality, or offer to prescribe any remedy therefore, or give or offer to give any advice in connection with the treatment thereof. (2) No person shall print or publish, or cause to be printed or published, for distribution to the public, or circulate or cause to be circulated, to the public or to any person,- (a)\tany advertisement, or (b) any label or set of instructions, whether pictorial or otherwise, to be affixed to, or delivered with, any packet, box, bottle or phial if such advertisement, label or set of instructions recommends, asserts or infers that any remedy, medicine, medicinal or herbal preparation or any appliance or charm of any kind, whether for use internally or externally, is a cure, or is useful or may be used, for the prevention, treatment or relief of any venereal disease, sexual disorder, irregularity of menstruation or any other prescribed disease, infirmity or abnormality.", "name": "Prohibition of issue of certain advertisement", "related_acts": "", "section_id": 3 }, { "act_id": 245, "details": "4. (1) Any person prescribed under sub-section (2), who may be authorised in writing in this behalf by the District Magistrate, may at any time seize and detain any newspaper, periodical, pamphlet, hand-bill, or other document or any other article or thing which, such person has reason to believe, contains any advertisement which contravenes any of the provisions of section 3, and the Court trying such contravention may direct that such newspaper, periodical, pamphlet, hand-bill or other document or such article or thing shall be forfeited to the Government. (2) The Government shall prescribe the persons or classes of persons who may be authorised under sub-section (1) to take the action provided for under that sub-section.", "name": "Confiscation of newspapers, periodicals, etc., containing advertisement, etc., which contravenes section 3", "related_acts": "", "section_id": 4 }, { "act_id": 245, "details": "5. Whoever contravenes any of the provisions of section 3 shall, on conviction, be punishable with imprisonment which may extend to one year, or with fine which may extend to one thousand 3taka, or with both.", "name": "Penalty", "related_acts": "", "section_id": 5 }, { "act_id": 245, "details": "6. Nothing in this Act shall apply to- (a)\tany medical treatise or book, or any treatise or book dealing with the subject from a bona fide scientific or social standpoint, or (b)\tany advertisement, or any article or thing sent confidentially in the prescribed manner only to a medical practitioner or to a wholesale or retail chemist for the purpose of his business, or (c)\tany advertisement made, printed or published with the previous sanction of such person or persons as the Government may appoint in this behalf. Explanation.- “Medical practitioner” in this section includes a person regularly practising either the allopathic, homeopathic, Ayurvedic, Unani or any other system of medicine.", "name": "6. \tAct not to apply in certain cases", "related_acts": "", "section_id": 6 }, { "act_id": 245, "details": "7. 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": 7 }, { "act_id": 245, "details": "8. Any person empowered to act under this Act shall be deemed to be a public servant within the meaning of section 21 of the 4* * * Penal Code.", "name": "Officers to be deemed public servants", "related_acts": "", "section_id": 8 }, { "act_id": 245, "details": "9. 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": "Indemnity", "related_acts": "", "section_id": 9 }, { "act_id": 245, "details": "10.\t(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 venereal diseases referred to in clause (4) of section 2; (b) \tthe diseases, infirmities or abnormalities referred to in section 3; (c) \tthe persons and classes of persons referred to in sub-section (2) of section 4; (d) \tthe manner of sending confidentially an advertisement, article or thing referred to in clause (b) of section 6.", "name": "Power to make rules", "related_acts": "", "section_id": 10 } ], "text": "An Act to control the publication of advertisements relating to the medical treatment of certain diseases and disorders. ♣ WHEREAS it is expedient to control the publication of advertisements relating to the medical treatment of certain diseases and disorders; It is hereby enacted as follows:-" }

{ "id": 246, "lower_text": [ "1 Throughout this Act, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Central Government” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "2 Section 1A was inserted by the Civil Defence (Amendment) Act, 1966 (Act No. X of 1966)", "3 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)", "4 The words and figure “Article 42 of the Constitution of the People’s Republic of Bangladesh ” were substituted for the words and figures “Paragraph 14 of Rights under Article 6 of the Constitution” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "5 The words “the High Court Division” 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)", "6 The words, brackets, figures and comma “sub-section (1) of section 8 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982)” were substituted for the words, brackets and figures “sub-section (1) of section 23 of the Land Acquisition Act, 1894” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "7 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)", "8 The words “by which or under whose authority the property was requisitioned” 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 words and commas “or by the Provincial Government; and the Provincial Government may, by a like notification, direct that all or any of the powers or duties as aforesaid, to be exercised or discharged by it, shall be exercised and discharged by any officer or authority subordinate to it” 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 Civil Defence Act, 1952", "num_of_sections": 11, "published_date": "29th April, 1952", "related_act": [ 24, 619, 430, 246 ], "repelled": false, "sections": [ { "act_id": 246, "details": "1. (1) This Act may be called the Civil Defence Act, 1952. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "246", "section_id": 1 }, { "act_id": 246, "details": "21A. In this Act, unless there is anything repugnant in the subject or context,- (1) 'civil defence' includes any measures not amounting to actual combat, for affording defence against any form of hostile attack by a foreign power or for depriving any form of hostile attack by a foreign power of its effect wholly or in part, whether such measures are taken before, during or after the time of the attack; (2) 'Civil Defence Services' means the services formed wholly or mainly to meet the needs of civil defence.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 246, "details": "2. (1) The Government may by notification in the official Gazette make such rules as appear to it to be necessary or expedient for securing the civil defence of Bangladesh. (2) Without prejudice to the generality of the powers conferred by sub-section (1) such rules may provide for, or may empower any authority to make orders providing for, all or any of the following matters, namely:- (a) \tthe constitution, enrolment, discipline, powers, duties, privileges and protection of Civil Defence Services; (b) \tpreventing or prohibiting anything likely to assist the enemy or to prejudice the successful conduct of civil defence including acts, publications or communications prejudicial to civil defence; (c) \trequiring any person or class of persons to comply with any scheme of civil defence; (d) \tensuring the safety of any place or thing used or intended to be used for the purposes of Government or a local authority, the protection of which is considered necessary or expedient for securing civil defence; (e) \tthe control of lights, sounds and vehicles; (f) \tthe control of trade or industry for the purposes of regulating or increasing the supply of, and the obtaining of information with regard to, articles or things of any description whatsoever which may be used in connection with the conduct of civil defence; (g) \tthe provision, storage and maintenance of commodities and \tmaterial required for the conduct of civil defence; (h) \tthe provision, construction, maintenance or alteration of buildings, premises or other structures required for the conduct of civil defence; (i) \tthe measures for preventing and dealing with the outbreak of fire; (j) \tpreventing or controlling any use of uniforms, whether official or otherwise, flags, official decorations like medals, badges and other insignia and anything similar thereto, where such use is calculated or likely to deceive the public or to prejudice civil defence;  (k) \tthe salvage of damaged buildings and property and disposal \tof the dead; (l) \tthe evacuation of areas and the removal of property or animals therefrom; (m)\tthe accommodation in any area of persons evacuated from another area and the regulation of the conduct of evacuated persons accommodated in such area; (n) \tthe billeting of evacuated persons; (o) \tthe instruction of members of the public in civil defence; (p) \tthe entry into, and search of, any place reasonably suspected of being used for any purpose prejudicial to civil defence and for the seizure and disposal of anything found there and reasonably suspected of being used for such purpose; (q) \tthe requisition of property and acquisition thereof. (3) The rules made under sub-section (1) may further- (a)\tprovide for the arrest and trial of persons contravening any of the rules or any order issued thereunder; (b)\tprovide that any contravention of, or any attempt to contravene, and any abetment of, or attempt to abet, the contravention of any of the provisions of the rules, or any order issued under any such provision, shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to five thousand 3taka, or with both; (c)\tprovide for the seizure, detention and forfeiture of any property in respect of which such contravention, attempt or abetment as is referred to in clause (b) has been committed;  (d)\tprescribe the duties and powers of public servants and other persons as regards preventing the contravention of, or securing the observance of, the rules or any order issued thereunder; (e)\tprovide for preventing the obstruction and deception of, and disobedience to, any person acting, and interfering with any notice issued, in pursuance of the rules or of any order issued thereunder; (f)\tmake provision prohibiting attempts to screen from punishment any person contravening any of the rules or any order issued thereunder.", "name": "Power to make rules", "related_acts": "", "section_id": 3 }, { "act_id": 246, "details": "3. An authority or a person acting in pursuance of this Act shall interfere with the ordinary avocations of life and the enjoyment of property as little as may be consonant with the purpose of ensuring the public safety and interest and the defence of Bangladesh.", "name": "Ordinary avocations of life to be interfered with as little as possible", "related_acts": "", "section_id": 4 }, { "act_id": 246, "details": "4. (1) No order made in exercise of any power conferred by or under this Act shall be called in question in any Court. (2) Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Act, the Court shall, within the meaning of the Evidence Act, 1872, presume that such order was so made by that authority.", "name": "Savings as to orders", "related_acts": "24", "section_id": 5 }, { "act_id": 246, "details": "5. (1) 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 in pursuance of this Act or any rules made thereunder or any order issued under any such rule. (2) Save as otherwise expressly provided under this Act, no suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder or any order issued under any such rule.", "name": "Protection of action taken under the Act", "related_acts": "", "section_id": 6 }, { "act_id": 246, "details": "6. (1) Where under section 7 by or under any rule made under this Act any action is taken of the nature described in 4Article 42 of the Constitution of the People's Republic of Bangladesh, there shall be paid compensation, the amount of which shall be determined in the manner, and in accordance with the principles, hereinafter set out, that is to say:- (a) \tWhere the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement. (b) \tWhere no such agreement can be reached, the Government shall appoint as arbitrator a person qualified for appointment as a Judge of 5the High Court Division. (c)\tThe Government may, in any particular case, nominate a person having expert knowledge of the kind of property which has been acquired, to be an assessor to assist the arbitrator, and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose. (d) \tAt the commencement of the proceedings before the arbitrator, the Government and the person to be compensated shall state what in their respective opinions is a fair amount of compensation. (e) \tThe arbitrator in making his award shall have regard to- (i)\tthe provisions of 6sub-section (1) of section 8 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), so far as the same can be made applicable; and  (ii)\twhether the acquisition is of a permanent or temporary character: Provided that where any property requisitioned under any rule made under this Act, is subsequently acquired under section 7 or any such rule, the arbitrator in any proceedings in connection with such acquisition shall, for the purposes of the provisions of the said section 23, take into consideration the market-value of the property at the date of its requisition as aforesaid and not at the date of its subsequent acquisition. (f) \tAn appeal shall lie to the 7High Court Division against any award of an arbitrator except in cases where the amount awarded does not exceed an amount prescribed in this behalf by rule made by the Government. (g)\tSave as provided in this section and in any rules made thereunder, nothing in any law for the time being in force shall apply to arbitrations under this section. (2) \tThe Government may make rules for the purpose of carrying into effect the provisions of this section. (3) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe- (a) the procedure to be followed in arbitrations under this section; (b) \tthe principles to be followed in apportioning the costs of proceedings before the arbitrator and on appeal; (c) \tthe maximum amount of an award against which no appeal shall lie.", "name": "Compensation to be paid in accordance with certain principles for compulsory acquisition of immovable property, etc.", "related_acts": "619", "section_id": 7 }, { "act_id": 246, "details": "7. (1) Without prejudice to any power to acquire property conferred by any rule made under this Act, any immovable property which has been requisitioned under any rule so made may in the manner provided by any such rules for the acquisition of the property, be acquired in the circumstances and by the Government hereinafter specified, namely:- (a) \twhere any works have, during the period of requisition, been constructed on, in or over the property wholly or partly at the expense of the Government, by the Government if it decides that the value of, or the right to use, such works shall, by means of the acquisition of the property be preserved or secured for the purposes of the Government; or (b) \twhere the cost to the Government of restoring the property to its condition at the time of its requisition as aforesaid would, in the determination of the Government, be excessive having regard to the value of the property at that time, by the Government; and at the beginning of the day on which notice of such acquisition is served or published under the aforesaid rules, the immovable property shall vest in the Government free from any mortgage, pledge, lien or similar encumbrance, and the period of the requisition thereof shall end. (2) Any decision or determination of the Government under sub-section (1) shall be final, and shall not be called in question in any Court. (3) For the purposes of this section, “works” includes buildings, constructions and improvements of the property, of every description.", "name": "Power to acquire requisitioned property", "related_acts": "", "section_id": 8 }, { "act_id": 246, "details": "8. (1) Where any property requisitioned under any rule made under this Act is to be released from such requisition, the Government 8* * * or any person generally or specially authorised by it in this behalf may, after such enquiry, if any, as it or he may in any case consider it necessary to make or cause to be made, specify by order in writing the person to whom possession of the property shall be given. (2) The delivery of possession of the property to the person specified in an order under sub-section (1) shall be a full discharge of the Government from all liabilities in respect of the property, but shall not prejudice any rights in respect of the property which any other person may be entitled by due process of law to enforce against the person to whom possession of the property is given.", "name": "Release from requisition", "related_acts": "", "section_id": 9 }, { "act_id": 246, "details": "9. The Government may, by notification in the official Gazette, direct that all or any of the powers or duties which under the provisions of this Act or rules made thereunder are conferred or imposed upon the Government shall be exercised or discharged by any officer or authority subordinate to it 9* * *.", "name": "Delegation of powers under the Acts", "related_acts": "", "section_id": 10 }, { "act_id": 246, "details": "10. Repeal of Ordinance VIII of 1951.- 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": 11 } ], "text": "An Act to provide for powers to secure the civil defence of Bangladesh. 1♣♠ WHEREAS it is necessary to provide for powers to secure the civil defence of Bangladesh; It is hereby enacted as follows:-" }

{ "id": 247, "lower_text": [ "1 The words “of Bangladesh” were substituted for the words “of Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "2 Section 4 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 Proviso was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "4 The word “Pakistan” was omitted by section 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "5 The word “Pakistan” was omitted by section 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "6 The word “Pakistan” was omitted by section 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "7 The word “Pakistan” was omitted by section 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "8 The words “Bangladesh Army” were substituted for the words “Pakistan Army” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "9 The word “Pakistan” was omitted by section 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "10 The words “Bangladesh Air Force” were substituted for the words “Pakistan Air Force” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "11 The word “Pakistan” was omitted by section 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "12 The words “Bangladesh Navy” were substituted for the words “Pakistan Navy” 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 Nursing Service Act, 1952", "num_of_sections": 11, "published_date": "5th May, 1952", "related_act": [ 256, 388, 430, 310, 247, 248 ], "repelled": false, "sections": [ { "act_id": 247, "details": "1. (1) This Act may be called the Armed Forces Nursing Service Act, 1952. (2) It applies to the members of the Armed Forces Nursing Service wherever they may be. (3) It shall come into force at once and shall be deemed to have taken effect on the tenth day of May, 1951.", "name": "Short title, application and commencement", "related_acts": "247", "section_id": 1 }, { "act_id": 247, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \t\"prescribed\" means prescribed by rules made under this Act; (b) \t“regulations” means regulations made under this Act.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 247, "details": "3. There shall be raised and maintained, in the manner hereinafter provided, as part of the Armed Forces 1of Bangladesh a force which shall be designated the Armed Forces Nursing Service.", "name": "Constitution of Armed Forces Nursing Service", "related_acts": "", "section_id": 3 }, { "act_id": 247, "details": "24. The members of the Armed Forces Nursing Service shall be liable for service with the Force or persons subject to the Army Act, 1952 (XXXIX of 1952), the Air Force Act, 1953 (VI of 1953) or the Navy Ordinance, 1961(XXXV of 1961).", "name": "Liability for service of members of the Armed Forces Nursing Service", "related_acts": "248,256,310", "section_id": 4 }, { "act_id": 247, "details": "5. All members of the Armed Forces Nursing Service shall be of Commissioned rank and shall be appointed as officers of the Armed Forces Nursing Service, by the Government by notification in the official Gazette.", "name": "Members to be of Commissioned rank", "related_acts": "", "section_id": 5 }, { "act_id": 247, "details": "6. (1) Any female citizen shall be eligible for appointment as an officer in the Armed Forces Nursing Service, and if she satisfies the prescribed conditions, may be appointed thereto in the manner laid down in section 5 of this Act: 3 * * * (2) Every person so appointed shall be subject to this Act and to the rules and regulations made thereunder.", "name": "Eligibility for appointment", "related_acts": "", "section_id": 6 }, { "act_id": 247, "details": "7. The Government, or any authority empowered by the Government in this behalf, may dismiss, remove, release, or cause of retirement of, any officer from the Armed Forces Nursing Service.", "name": "Dismissal from the Armed Forces Nursing Service", "related_acts": "", "section_id": 7 }, { "act_id": 247, "details": "8. Subject to the provisions of this Act, an officer of the Armed Forces Nursing Service shall be bound to undergo such training and in such manner and to perform such duties in connection with the forces and persons subject to any of the enactments referred to in section 4 as may be laid down by regulations.", "name": "Liability to undergo training and perform duties", "related_acts": "", "section_id": 8 }, { "act_id": 247, "details": "9. (1) The provisions of the 7* * * Army Act, 1952, shall, to such extent and subject to such adaptation and modifications as may be prescribed, apply to officers of the Armed Forces Nursing Service, who may be serving with forces and persons subject to that Act as those provisions apply to officers of the 8Bangladesh Army. (2) The provisions of the 9* * * Air Force Act, 1953, shall, to such extent and subject to such adaptations and modifications as may be prescribed, apply to officers of the Armed Forces Nursing Service, who may be serving with forces and persons subject to that Act as those provisions apply to officers of the 10Bangladesh Air Force. (3) The provisions of the 11* * * Navy Ordinance, 1961, shall, to such extent and subject to such adaptations and modifications as may be prescribed, apply to officers of the Armed Forces Nursing Service who may be serving with forces and persons subject to that Ordinance as those provisions apply to officers of the 12Bangladesh Navy.", "name": "Application of the * * * Army Act, 1952, the * * * Air Force Act, 1953, and the * * * Navy Ordinance, 1961, to members of the Armed Forces Nursing Service", "related_acts": "248,256,310", "section_id": 9 }, { "act_id": 247, "details": "10. (1) The Government may, 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, rules may be made under this section,- (a)\tproviding for the medical examination of persons offering themselves for appointment in the Armed Forces Nursing Service; and (b)\tproviding for any matter which under this Act is to be or may be prescribed.", "name": "Power to make rules", "related_acts": "", "section_id": 10 }, { "act_id": 247, "details": "11. Any officer or authority empowered in this behalf by the Government may make regulations not inconsistent with this Act and rules made thereunder, providing for all matters to be laid down by regulations and generally for all details connected with the organisation, pay, allowances, duties, discipline, training, clothing, equipment and leave of members of the Armed Forces Nursing Service.", "name": "Power to make regulations", "related_acts": "", "section_id": 11 } ], "text": "An Act to constitute a force to be called the Armed Forces Nursing Service and to provide for its discipline.♣ WHEREAS it is expedient to constitute a force to be called the Armed Forces Nursing Service, as a part of the Armed Forces of Bangladesh, and to provide for its discipline; It is hereby enacted as follows:-" }

{ "id": 248, "lower_text": [ "1 Throughout this Act, the word “Bangladesh”, “Government” and “taka” were substituted for the words “Pakistan”, “Central Government” and “rupees” by section of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "2 Throughout the Act, unless otherwise provided, the words, comma and figures “Navy Ordinance, 1961” and “Air Force Act, 1953” were substituted for the words, comma and figures “Pakistan Navy Ordinance, 1961” and “Pakistan Air Force Act, 1953” by section 4 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "3 The word “Pakistan” was omitted by section 4(b) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "4 The words “and junior commissioned officers” were substituted for the comma and words “, junior commissioned officers and warrant officers” by section 2 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "5 The word “Indian” was omitted by section 4(c) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "6 Clause (bb) was inserted by section 2 of the Pakistan Army (Amendment) Act, 1958 (Act No. XI of 1958).", "7 Section 2A was inserted by section 2 of the Pakistan Army (Amendment) Act, 1958 (Act No. XI of 1958)", "8 The words “junior commissioned officers” were substituted for the words and comma “junior commissioned officers, warrant officers” by section 3 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "9 The words “junior commissioned officers” were substituted for the words and comma “junior commissioned officers, warrant officers” by section 3 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "10 The word “lower” was substituted for the word “inferior” by section 4(d) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "11 The word “lower” was substituted for the word “inferior” by section 4(e) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "12 Section 6 was omitted by section 4(f) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "13 Clauses (9a) and (9b) were inserted by section 4 of the Pakistan Army (Amendment) Act, 1958 (Act No. 11 of 1958)", "14 The words “a junior commissioned officer” were substituted for the words and comma “a junior commissioned officer, a warrant officer” by section 4 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "15 Clause (16) was omitted by section 4 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "16 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 4(g) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "17 Section 15A was omitted by section 4(h) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "18 The words “junior commissioned officer” were substituted for the words and comma “junior commissioned officer or warrant officer,” by section 7 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "19 The commas and words “, warrant officer,” were omitted by section 8 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "20 The word “Bangla” was substituted for the word “English” by section 4(i) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "21 The words “Reduction of non-commissioned officers” were substituted for the words “Reduction of warrant officers and non-commissioned officers” by section 9 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "22 The words and comma “officers, junior commissioned officers or non-commissioned officers by whom” were substituted for the words “officers by whom” by section 4(j) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "23 The words, commas and figures “the Indian Air Force Act, 1932, or” was omitted by section 4 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "24 The words, commas and figures “the Indian Air Force Act, 1932, or” was omitted by section 4 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "25 The words, commas and figures “the Indian Air Force Act, 1932, or” was omitted by section 4 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "26 The words, commas and figures “the Indian Air Force Act, 1932, or” was omitted by section 4 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "27 The words, comma and figures “Air Force Act, 1953” ware substituted for the words, comma and figures “Pakistan Air Force Act, 1953” by section 4 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "28 The words “Any officer or junior commissioned officer” were substituted for the words and comma “Any officer, junior commissioned officer or warrant officer” by section 10 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "29 The words “junior commissioned officer” were substituted for the words and comma “junior commissioned officer, warrant officer” by section 11 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "30 The words “specified in this Act” were substituted for the words “before in this Act specified” by section 4(k) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "31 The words “specified in this Act” were substituted for the words “before in this Act specified” by section 4(k) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "32 The words, commas and figures “the Indian Air Force Act, 1932, or” was omitted by section 4 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "33 The words “specified in this Act” were substituted for the words “before in this Act specified” by section 4(k) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "34 The words, commas and figures “the Indian Air Force Act, 1932, or” was omitted by section 4 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "35 The words, commas and figures “the Indian Air Force Act, 1932, or” was omitted by section 4 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "36 The words, comma and figures “Navy Ordinance, 1961” were substituted for the words, comma and figures “Pakistan Navy Ordinance, 1961” by section 4 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "37 The words “officers or junior commissioned officers,” were substituted for the words and commas “officers, junior commissioned officers or warrant officers,” by section 12 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "38 The words, comma and semi-colon “in the case of warrant officers, reduction in grade or class; and” were omitted by section 12 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "39 The words “junior commissioned officers” were substituted for the words and comma “junior commissioned officers, warrant officers” by section 12 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "40 The words “junior commissioned officers” were substituted for the words and comma “junior commissioned officers, warrant officers” by section 12 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "41 The words “being below the rank of junior commissioned officer” were substituted for the words “being below the rank of warrant officer” by section 13 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "42 Sub-section (1) was substituted by section 14 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "43 The words “junior commissioned officer” were substituted for the words “warrant officer” by section 14 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "44 The words “junior commissioned officers” were substituted for the words and comma “junior commissioned officer, warrant officer” by section 14 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "45 The words “junior commissioned officer” were substituted for the words and comma “junior commissioned officer, warrant officer” by section 15 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "46 Section 78A was inserted by section 3 of the Pakistan Army (Amendment) Ordinance, 1965 (Ordinance No. XV of 1965)", "47 The words, commas and figures “the Indian Air Force Act, 1932, or” was omitted by section 4 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "48 The words, comma and figures “Navy Ordinance, 1961” were substituted for the words, comma and figures “Pakistan Navy Ordinance, 1961” by section 4 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "49 The words “Brigadier General” were substituted for the word “brigadier” by section 16 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "50 Section 96A was inserted by section 8 of the Pakistan Army (Amendment) Ordinance, 1965 (Ordinance No. XL of 1965)", "51 The words “an officer or junior commissioned officer” were substituted for the words and comma “an officer, junior commissioned officer or warrant officer” by section 17 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "52 The words “an officer or junior commissioned officer” were substituted for the words and comma “an officer, junior commissioned officer or warrant officer” by section 18 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "53 The words “service of the Republic” were substituted for the words “service of the Government” by section 4(l) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "54 Sub-section (2) was substituted by section 19 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "55 The words “service of the Republic” were substituted for the words “service of the Government” by section 4(l) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "56 The words “Brigadier General” were substituted for the word “brigadier” by section 21 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "57 The words “Brigadier General” were substituted for the word “brigadier” by section 22 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "58 The words, commas and figures “Army and Air Force Reserves Act, 1950,” were substituted for the words, brackets, commas and figures “Pakistan (Army and Air Force) Reserves Act, 1950,” by section 4(m) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "59 Section 176A was inserted by section 6 of the Pakistan Army (Amendment) Ordinance, 1965 (Ordinance No. XV of 1965)", "60 The words and comma “warrant officers,” were omitted by section 23 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006)", "61 Section 177, was omitted by section 4(n) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "62 Section 178 was omitted by section 4(n) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "63 Section 179 was omitted by section 4(n) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।" ], "name": "The Army Act, 1952", "num_of_sections": 185, "published_date": "13th May, 1952", "related_act": [ 256, 96, 132, 75, 237, 310, 248, 24 ], "repelled": false, "sections": [ { "act_id": 248, "details": "1. (1) This Act may be called the 3* * * Army Act, 1952. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf.", "name": "Short title and commencement", "related_acts": "248", "section_id": 1 }, { "act_id": 248, "details": "2. (1) The following persons shall be subject to this Act, namely:- (a)\tofficers 4and junior commissioned officers of the Bangladesh Army;  (b)\tpersons enrolled under the 5* * * Army Act, 1911, before the date notified in pursuance of sub-section (2) of section 1, and serving with the Bangladesh Army immediately before that date, and persons enrolled under this Act; 6(bb) \tpersons subject to the Navy Ordinance, 1961, or the Air Force Act, 1953, when seconded for service with the Bangladesh Army, to such extent and subject to such regulations as the Government may direct; (c)\tpersons not otherwise subject to this Act, who, on active service, in camp, on the march, or at any frontier post specified by the Government by notification in this behalf, are employed by, or are in the service of or are followers of, or accompany any portion of the Bangladesh Army; (d)\tpersons not otherwise subject to this Act who are accused of- (i)\tseducing or attempting to seduce any person subject to this Act from his duty or allegiance to Government, or (ii)\thaving committed, in relation to any work of defence, arsenal, naval, military or air force establishment or station, ship or aircraft or otherwise in relation to the naval, military or air force affairs of Bangladesh, an offence under the Official Secrets Act, 1923. (2) Every person subject to this Act under clause (a) or clause (b) of sub-section (1) shall remain so subject until duly retired, released, discharged, removed or dismissed from the service. (3) Every person subject to this Act under clause (bb) of sub-section (1) shall remain so subject during the period of his secondment to the Bangladesh Army.", "name": "Persons subject to the Act", "related_acts": "310,256,132", "section_id": 2 }, { "act_id": 248, "details": "72A. The Government may by order in writing direct that any person referred to in clause (a), clause (b) or clause (c) of sub-section (1) of section 2 shall, under such conditions as may be laid down by regulations, be seconded for service with the Bangladesh Navy or the Bangladesh Air Force.", "name": "Secondment to Navy or Air Force", "related_acts": "", "section_id": 3 }, { "act_id": 248, "details": "3. (1) The Government may, by notification, direct that any persons or class of persons subject to this Act under clause (c) of sub-section (1) of section 2 shall be so subject as officers, 8junior commissioned officers or non-commissioned officers, and may authorise any officer to give a like direction with respect to any such person or to cancel such direction. (2) All persons subject to this Act other than officers, 9junior commissioned officers or non-commissioned officers shall, if they are not persons in respect of whom a notification or direction under sub-section (1) is in force, be deemed to be of a rank 10lower to that of a non-commissioned officer.", "name": "Special provision as to rank in certain cases", "related_acts": "", "section_id": 4 }, { "act_id": 248, "details": "4. Every person subject to the Act under clause (c) of sub-section (1) of section 2 shall, for the purposes of this Act, be deemed to be under the command of the commanding officer of the corps, unit or detachment (if any) to which he is attached, and if he is not so attached, then he shall be under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person may for the time being be serving, or if no such officer is named, under the command of the said officer commanding the force: Provided that an officer commanding a force shall not place a person under the command of an officer of rank 11lower to that of such person, if there is present at the place where such person is any officer of a higher rank under whose command he can be placed.", "name": "Commanding officer of certain persons subject to the Act", "related_acts": "", "section_id": 5 }, { "act_id": 248, "details": "5. (1) The Government may, by notification, apply all or any provisions of this Act to any force raised and maintained in Bangladesh under the authority of the Government. (2) On such notification being made any provisions of this Act so applied shall have effect in respect of persons belonging to any such force as they have effect in respect of persons subject to this Act holding in the Bangladesh Army the same rank as or equivalent to that which the aforesaid persons hold for the time being in the said force; and shall have effect in respect of persons who are employed by, or are in the service of, or are followers of, or accompany any portion of any such force as they have effect in respect of persons subject to this Act under clause (c) of sub-section (1) of section 2. (3) While any of the provisions of this Act apply to any such force, the Government may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of that force, and may suspend the operation of any other enactment for the time being applicable to that force.", "name": "Powers to apply Act to certain forces under the Government", "related_acts": "", "section_id": 6 }, { "act_id": 248, "details": "6. 12***", "name": "Omitted.", "related_acts": "", "section_id": 7 }, { "act_id": 248, "details": "7. Notwithstanding anything contained in clause (1) of section 8, the Government may, by notification, direct that any person or class of persons subject to this Act shall, with reference to any area in which they may be serving or with reference to all or any of the provisions of this Act or of any other law for the time being in force, be deemed to be on active service within the meaning of this Act.", "name": "Power to declare persons to be on active service", "related_acts": "", "section_id": 8 }, { "act_id": 248, "details": "8. \tIn this Act, unless the context otherwise requires,- (1)\t“active service”, as applied to a person subject to this Act, means the time during which such person is attached to, or forms part of a force which is engaged in operations against an enemy, or is engaged in military operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or is attached to or forms part of a force which is in military occupation of a foreign country; (2)\t“civil offence” means an offence which, if committed in Bangladesh, would be triable by a criminal court; (3)\t“Chief of Army Staff” means the Chief of Army Staff of the Bangladesh Army; (4)\t“commanding officer” means:- (i)\twhen used in any provision of this Act with reference to any separate portion of the Bangladesh Army, the officer whose duty it is under the regulations of the Bangladesh Army, or in the absence of such regulations by the custom of the service, to discharge with respect to that portion, the functions of the commanding officer, and (ii)\twhen used in relation to a person subject to this Act, the officer for the time being in command of any separate portion of the Bangladesh Army or of any unit of a force to which such person belongs or is attached; (5)\t“corps” means any separate body of the Bangladesh Army or of any force which is prescribed as a corps for the purposes of all or any of the provisions of this Act; (6)\t“court martial” means a court martial held under this Act; (7)\t“criminal court” means a court of ordinary criminal justice in Bangladesh, or established elsewhere by the authority of the Government; (8)\t“enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this Act to act;  (9)\t“junior commissioned officer” means a person commissioned, gazetted or in pay as a junior commissioned officer in the Bangladesh Army; 13(9a) “military custody” means the arrest or confinement of a person according to the usage of the service and includes naval or Air force custody; (9b) “military reward” includes any gratuity or annuity for long service or good conduct, any good service pay or pension, and any other military pecuniary award; (10) “non-commissioned officer” means a person attested under this Act who holds a non-commissioned rank in the Bangladesh Army and includes an active non-commissioned officer; (11) “offence” means any act or omission punishable under this Act and includes a civil offence as hereinbefore defined; (12) “officer” means a person commissioned, gazetted or in pay as an officer of the Bangladesh Army and includes:- (i)\tan officer who being a citizen of Bangladesh holds a commission in Her Majesty's Land Forces, but does not include a junior commissioned officer; and (ii)\tin relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the Bangladesh Navy and an officer of the Bangladesh Air Force; (13) \t“prescribed” means prescribed by rules made under this Act; (14) \t“service”, when used in relation to an institution, necessaries, books, band, mess, money, goods or other property means an institution, necessaries, books, band, mess, money, goods or other property belonging to, or connected with, the Bangladesh Army or any unit or part thereof;  (15) \t“superior officer”, when used in relation to a person subject to this Act, includes 14a junior commissioned officer or a non-commissioned officer; and, as regards persons placed under his orders, an officer, warrant officer, petty officer or non-commissioned officer of the Bangladesh Navy or Air Force; 15* * * (17)\t all words and expressions used but not defined in this Act and defined in the 16Penal Code shall be deemed to have the meanings assigned to them in that Code.", "name": "Definitions", "related_acts": "", "section_id": 9 }, { "act_id": 248, "details": "9. Appointment to warrant rank.- Omitted by section 5 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006).", "name": "Omitted.", "related_acts": "", "section_id": 10 }, { "act_id": 248, "details": "9A. Administration of oath to warrant officers.- Omitted by section 6 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006) which was inserted by section 2 of the Pakistan Army (Amendment) Ordinance, 1962 (Ordinance No. XXI of 1962).", "name": "Omitted.", "related_acts": "", "section_id": 11 }, { "act_id": 248, "details": "10. No person who is not a citizen of Bangladesh shall, except with the consent of the Government signified in writing, be granted a commission or warrant or be enrolled in the Bangladesh Army.", "name": "Ineligibility of aliens for service in the Army", "related_acts": "", "section_id": 12 }, { "act_id": 248, "details": "11. Upon the appearance before the prescribed enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of the service for which he is enrolled and shall put to him the questions set forth in the prescribed form of enrolment and shall, after having cautioned him that if he makes a false answer to any such question he will be liable to punishment under this Act, record or cause to be recorded his answer to each such question.", "name": "Procedure before enrolling officer", "related_acts": "", "section_id": 13 }, { "act_id": 248, "details": "12. If, after complying with the provisions of section 11, the enrolling officer is satisfied that the person desirous of being enrolled understands the questions put to him and consents to the conditions of service, and if the enrolling officer perceives no impediment, he shall sign and also cause such person to sign the enrolment paper and the person shall thereupon be deemed to be enrolled.", "name": "Enrolment", "related_acts": "", "section_id": 14 }, { "act_id": 248, "details": "13. Every person who has for the space of three months been in receipt of military pay as a person enrolled under this Act and been borne on the rolls of any corps or unit of the Bangladesh Army shall be deemed to have been duly enrolled and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrolment or on any other ground whatsoever, and if any person, in receipt of such pay and borne on the rolls as aforesaid, claims his discharge before the expiry of three months from his enrolment, no such irregularity or illegality or other ground shall, until he is discharged in pursuance of his claim, affect his position as a person enrolled under this Act or invalidate any proceedings, act or thing taken or done prior to his discharge.", "name": "Presumption of validity of enrolment in certain cases", "related_acts": "", "section_id": 15 }, { "act_id": 248, "details": "14. The following persons shall be attested, namely:- (a)\tall persons enrolled as combatants; (b)\tall persons selected to hold a non-commissioned or acting non-commissioned rank; (c)\tall other enrolled persons prescribed by the Government.", "name": "Persons to be attested", "related_acts": "", "section_id": 16 }, { "act_id": 248, "details": "15. (1) When a person who is to be attested is reported fit for duty, or has completed the prescribed period of probation, an oath or affirmation shall be administered to him in the prescribed form by his commanding officer, in front of his corps or unit or such portion thereof as may be present, or by any other prescribed person. (2) The form of oath or affirmation prescribed under this section shall contain a promise that the person to be attested will be faithful to Bangladesh and its Constitution and bear true allegiance to the President of Bangladesh and that he will serve in the Bangladesh Army and will go wherever he is ordered by land, air or sea, and that he will obey all commands of any officer set over him, even to the peril of his life. (3) The fact that an enrolled person has taken the oath or affirmation directed by this section shall be entered on his enrolment paper, and authenticated by the signature of the officer administering the oath or affirmation.", "name": "Mode of attestation", "related_acts": "", "section_id": 17 }, { "act_id": 248, "details": "15A. 17***", "name": "Omitted.", "related_acts": "", "section_id": 18 }, { "act_id": 248, "details": "16. The Government may dismiss or remove from the service any person subject to this Act.", "name": "Dismissal or removal by Government", "related_acts": "", "section_id": 19 }, { "act_id": 248, "details": "17. (1) The Chief of Army Staff may dismiss or remove from the service any 18junior commissioned officer or any person enrolled under this Act. (2) An officer having power to convene a district court martial or an officer not below the rank of lieutenant-colonel empowered by the Chief of Army Staff in this behalf may dismiss or remove from the service any person enrolled under this Act who may be serving under his command.", "name": "Dismissal or removal by Chief of Army Staff, or other authorised officer", "related_acts": "", "section_id": 20 }, { "act_id": 248, "details": "18. The prescribed authority may, in conformity with such rules as may be prescribed in this behalf, retire, release or discharge from the service any person subject to this Act.", "name": "Retirement, release, or discharge", "related_acts": "", "section_id": 21 }, { "act_id": 248, "details": "19. Every junior commissioned officer 19* * * or person enrolled under this Act, who is dismissed, removed, retired, released or discharged from the service shall be furnished by his commanding officer with a certificate in the 20Bengali language or such other language as he understands, setting forth,- (a)\tthe authority who terminates his service; (b)\tthe cause for such termination; (c)\tthe full period of his service in the Bangladesh Army.", "name": "Certificate on termination of service", "related_acts": "", "section_id": 22 }, { "act_id": 248, "details": "20. (1) Any person subject to this Act, who is entitled under the conditions of his service to be discharged, or whose discharge is ordered by competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of Bangladesh, and requests to be sent to Bangladesh, shall, before being discharged, be sent to Bangladesh with all convenient speed. (2) Any person subject to this Act who is dismissed from the service and who, when he is so dismissed is serving out of Bangladesh, shall be sent to Bangladesh with all convenient speed. (3) When any such person as is mentioned in sub-section (2) is sentenced to dismissal combined with any other punishment, such other punishment, or in the case of a sentence of transportation or imprisonment, a portion of such sentence, may be inflicted before he is sent to Bangladesh. Explanation.-For the purposes of this section, the word “discharge” shall include retirement or release, and the word “dismissal” shall include removal.", "name": "Discharge or dismissal when out of Bangladesh", "related_acts": "", "section_id": 23 }, { "act_id": 248, "details": "21. Sub-section (1) was omitted by section 9 of the Army (Amendment) Act, 2006 (Act No. XXXIII of 2006). (2) The Chief of Army Staff or an officer having power to convene a district court martial or an officer not below the rank of lieutenant-colonel empowered by the Chief of Army Staff in this behalf may reduce to a lower grade or rank or to the ranks any non-commissioned officer who may be serving under his command.", "name": "Reduction of non-commissioned officers", "related_acts": "", "section_id": 24 }, { "act_id": 248, "details": "22. The commanding officer of an acting non-commissioned officer may order him to revert to his permanent grade as a non-commissioned officer or, if he has no permanent grade above the ranks, to the ranks.", "name": "Reversion of an acting non-commissioned officer", "related_acts": "", "section_id": 25 }, { "act_id": 248, "details": "23. (1) The Government may, on the recommendation of the Chief of Army Staff prescribe the minor punishments to which persons subject to this Act shall be liable without the intervention of court martial, and the 22officers, junior commissioned officers or non-commissioned officers by whom, and the extent to which, such minor punishments may be awarded. (2) Detention, or rigorous imprisonment in military custody, and, in the case of persons subject to this Act on active service, any prescribed field punishment may be specified as minor punishments: Provided that- (a)\tthe term of such detention, rigorous imprisonment or field punishment shall not exceed twenty-eight days, and  (b)\tsuch detention, rigorous imprisonment or field punishment shall not be awarded to any person who is of or above the rank of non-commissioned officer, or who, when he committed the offence in respect of which it is awarded, was of or above such rank.", "name": "Minor punishments", "related_acts": "", "section_id": 26 }, { "act_id": 248, "details": "24. Any person subject to this Act who commits any of the following offences, that is to say,- (a)\tshamefully abandons or delivers up any garrison, fortress, airfield, place, post or guard committed to his charge or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to do any of the said act; or (b)\tin the presence of any enemy, shamefully casts away his arms, ammunition, tools or equipment, or misbehaves in such manner as to show cowardice; or (c)\tintentionally uses words or any other means to compel or induce any person subject to this Act, or to 23* * * the Air Force Act, 1953, or to the Navy Ordinance, 1961, to abstain from acting against the enemy or to discourage such person from acting against the enemy; or (d)\tdirectly or indirectly, treacherously holds correspondence with, or communicates intelligence to, the enemy or who coming to the knowledge of such correspondence or communication treacherously omits to discover it to his commanding or other superior officer; or (e)\tdirectly or indirectly assists or relieves the enemy with arms, ammunition, equipment, supplies or money, or knowingly harbours or protects an enemy not being a prisoner; or  (f)\ttreacherously or through cowardice sends a flag of truce to the enemy; or (g)\tin time of war, or during any operation, intentionally occasions a false alarm in action, camp, garrison or quarters, or spreads reports calculated to create alarm or despondency; or (h)\tin time of action, leaves his commanding officer, or quits his post, guard, picquet, patrol or party without being regularly relieved or without leave; or (i)\thaving been made a prisoner of war, voluntarily serves with or aids the enemy; or (j)\tknowingly does when on active service any act calculated to imperil the success of the Bangladesh forces or any forces co-operating therewith or of any part of such forces; shall, on conviction by court martial, be punished with death or with such less punishment as is in this Act mentioned.", "name": "Offences in relation to enemy and punishable with death", "related_acts": "256,310", "section_id": 27 }, { "act_id": 248, "details": "25. Any person subject to this Act who, on active service- (a)\twithout orders from his superior officer leaves the ranks in order to secure prisoners, animals or materials, or on pretence of taking wounded men to the rear; or (b)\twithout orders from his superior officer, wilfully destroys or damages any property; or (c)\tis taken prisoner for want of due precaution or through disobedience of orders a wilful neglect of duty, or, having been taken prisoner, fails to rejoin his service when able to do so; or (d)\twithout due authority, either holds correspondence with, or communicates intelligence, or sends a flag of truce, to the enemy; or (e)\tby word of mouth, or in writing, or by signals, or otherwise spreads reports calculated to create alarm or despondency; or (f)\tin action, or previously to going into action, uses words calculated to create alarm or despondency;  shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned.", "name": "Offences in relation to the enemy and not punishable with death", "related_acts": "", "section_id": 28 }, { "act_id": 248, "details": "26. Any person subject to this Act who- (a)\ttreacherously makes known the parole, watchword or countersign to any person not entitled to receive it, or (b)\ttreacherously gives a parole, watchword or countersign different from what he received, shall, on conviction by court martial, if he commits the offence on active service, be punished with death, or with such less punishment as is in this Act mentioned, and if he commits such offence not on active service, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.", "name": "Disclosure of parole or watchword", "related_acts": "", "section_id": 29 }, { "act_id": 248, "details": "27. Any person subject to this Act who, on active service, commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned.", "name": "Offences against property or persons of inhabitant of country where serving", "related_acts": "", "section_id": 30 }, { "act_id": 248, "details": "28. Any person subject to this Act who commits any of the following offences, that is to say,- (a)\tbeing a sentry, sleeps or is intoxicated on his post or quits it without leave; or (b)\tbeing a sentry, or on guard, plunders, or wilfully destroys, or injures, any property placed under his charge or under charge of his guard; or (c)\tstrikes, or forces or attempts to force any sentry or safeguard; or (d)\twithout orders from his superior officer, leaves his guard, picquet, patrol or post;  shall, on conviction by court martial, if he commits such offence on active service, be punished with rigorous imprisonment which may extend to fourteen years or with such less punishment as is in this Act mentioned; and if he commits such offence not on active service, be punished with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned.", "name": "Offences relating to sentries", "related_acts": "", "section_id": 31 }, { "act_id": 248, "details": "29. Any person subject to this Act whoÔÇö (a)\tbreaks into any house or other place in search of plunder; or (b)\tby any means whatever, intentionally occasions a false alarm; or (c)\twithout due authority, either verbally or in writing or by signals or otherwise discloses the number or position of any of the Bangladesh forces, or any part thereof, or any preparation for, or orders relating to operations or movement of such forces; shall, on conviction by court martial, if he commits the offence on active service, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned, or if he commits the offence not on active service, be punished with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned.", "name": "House breaking, false alarms, unauthorised disclosures, punishable more severely on active service than at other times", "related_acts": "", "section_id": 32 }, { "act_id": 248, "details": "30. Any person subject to this Act who-  (a)\tby any means whatever, negligently occasions a false alarm; or (b)\tmakes known the parole, watchword, or countersign to any person not entitled to receive it, or, without good and sufficient cause, gives a watchword, parole or countersign different from what he received; or  (c)\tirregularly detains or appropriates to his own unit or detachment any provisions or supplies proceeding to the forces, contrary to orders issued in that respect; shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to three years or with such less punishment as is in this Act mentioned.", "name": "Other service offences", "related_acts": "", "section_id": 33 }, { "act_id": 248, "details": "31. Any person subject to this Act who commits any of the following offences, that is to say,- (a)\tbegins, incites, causes, or conspires with any other person to cause, or joins in, any mutiny in the military, naval or air forces of Bangladesh or any forces co-operating therewith; or (b)\tbeing present at any such mutiny, does not use his ut-most endeavours to suppress the same; or (c)\tknowing or having reason to believe in the existence of any such mutiny or any intention to commit such mutiny, or of any such conspiracy, does not without reasonable delay give information thereof to his commanding or other superior officer; or (d)\tattempts to seduce any person in the military, naval or air forces of Bangladesh from his duty or his allegiance to the Government of Bangladesh; shall, on conviction by court martial, be punished with death or with such less punishment as is in this Act mentioned.", "name": "Mutiny and insubordination", "related_acts": "", "section_id": 34 }, { "act_id": 248, "details": "32. (1) Any person subject to this Act who uses or attempts to use criminal force to, or commits an assault on, his superior officer being in the execution of his office, knowing or having reason to believe him to be such, shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned. (2) Any person subject to this Act who commits any of the following offences, that is to say,- (a)\tuses or attempts to use criminal force to, or commits an assault on, his superior officer, knowing or having reason to believe him to be such; or  (b)\tis grossly insubordinate or insolent to his superior officer, knowing or having reason to believe him to be such; or (c)\timpedes a provost marshal or any person lawfully acting on his behalf, or any member of the service police, or when called upon, refuses to assist a provost marshal or any person lawfully acting on his behalf or any member of the service police in the execution of his duty, shall, on conviction by court martial, if he commits such offence on active service, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned; and if he commits such offence not on active service, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned. Explanation.- For the purposes of sub-section (2), “provost marshal” shall be deemed to include a provost marshal or any of his assistants appointed under 24* * * the Air Force Act, 1953, or the Navy Ordinance, 1961, and “service police” shall be deemed to include members of the Air Force or the Naval Police, being persons subject to the aforesaid Acts.", "name": "Offences in relation to superior officers", "related_acts": "256", "section_id": 35 }, { "act_id": 248, "details": "33. (1) Any person subject to this Act who disobeys in such a manner as to show a wilful defiance of authority a lawful command given personally by his superior officer, knowing or having reason to believe him to be such, shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned. (2) Any person subject to this Act who disobeys the lawful command of his superior officer, knowing or having reason to believe him to be such, shall, on conviction by court martial, if he commits such offence on active service, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned; and if he commits such offence not on active service, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.", "name": "Disobedience of lawful command", "related_acts": "", "section_id": 36 }, { "act_id": 248, "details": "34. Any person subject to this Act who neglects to obey any standing or routine or other orders shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to two years, or with such less punishment as is in this Act mentioned.", "name": "Neglect to obey orders", "related_acts": "", "section_id": 37 }, { "act_id": 248, "details": "35. Any person subject to this Act, who-  (a)\tbeing concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to, or assaults any such officer; or (b)\tuses criminal force to or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or (c)\tresists an escort whose duty it is to apprehend him or to have him in charge; shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to two years or with such less punishment as is in this Act mentioned.", "name": "Insubordination and obstruction", "related_acts": "", "section_id": 38 }, { "act_id": 248, "details": "36. (1) Any person subject to this Act who deserts or attempts to desert the service shall, on conviction by court martial, if he commits the offence when on active service or when under orders for active service, be punished with death, or such less punishment as is in this Act mentioned; and if he commits the offence under any other circumstances, be punished for the first offence with rigorous imprisonment for a term which may extend to two years or with such less punishment as is in this Act mentioned, and for the second or any subsequent offence with rigorous imprisonment for a term which may extend to ten years, or with such less punishment as is in this Act mentioned. (2) Any person subject to this Act who knowingly harbours any deserter from any of the military, naval or Air forces of Bangladesh shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to seven years or with such less punishment as is in this Act mentioned. (3) Any person subject to this Act who, being cognisant of any desertion, or attempt at desertion, of any person belonging to the military, naval or air forces of Bangladesh, does not forthwith give notice to his own or some other superior officer, or does not take any steps in his power to cause such person to be apprehended, shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to three years or with such less punishment as is in this Act mentioned.", "name": "Desertion and aiding deserters", "related_acts": "", "section_id": 39 }, { "act_id": 248, "details": "37. Any person subject to this Act who,- (a)\tabsents himself without leave; or (b)\twithout sufficient cause overstays leave granted to him; or (c)\tbeing on leave of absence and having received information from proper authority that the corps or unit or detachment or portion of the corps, unit or detachment to which he belongs, has been ordered on active service, fails, without sufficient cause, to rejoin without delay; or (d)\twithout sufficient cause fails to appear at the time fixed, at the parade or place appointed for exercise or duty; or (e)\twhen on parade, or on the line of march, without sufficient cause or without leave from his superior officer, quits the parade or line of march; or  (f)\twhen in camp or garrison or elsewhere, is found beyond any limits fixed, or in any place prohibited, by any standing or routine order without a pass or written leave from his superior officer; or (g)\twithout leave from his superior officer or without sufficient cause, absents himself from any school or other institution when duly ordered to attend there; shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.", "name": "Absence without leave", "related_acts": "", "section_id": 40 }, { "act_id": 248, "details": "38. Any person subject to this Act who,- (a)\twithout having obtained a regular discharge from the corps or unit to which he belongs, or without having otherwise fulfilled the conditions enabling him to enrol or enter, enrols himself in, or enters the same or any other corps or unit or any part of the Bangladesh Forces regular or non-regular; or (b)\tis concerned in the enrolment in any of the Bangladesh Forces, regular or non-regular, of any person whom he knows or has reason to believe to be so circumstanced that by enrolling he commits an offence against this Act or against 25* * * the Air Force Act, 1953 or the Navy Ordinance, 1961; shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.", "name": "Fraudulent enrolment", "related_acts": "256", "section_id": 41 }, { "act_id": 248, "details": "39. Any parson having become subject to this Act by enrolment who is discovered to have made at time of his enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which was put to him by the enrolling officer before whom he appeared for the purpose of being enrolled shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned.", "name": "False answers on enrolment", "related_acts": "", "section_id": 42 }, { "act_id": 248, "details": "40. Any person subject to this Act who commits any of the following offences, that is to say,- (a)\tdishonestly misappropriates or commits theft of, or criminal breach of trust in respect of, any property belonging to the Government or any service property or the property of any person subject to this Act, or 26* * * the 27Air Force Act, 1953, or to the Navy Ordinance, 1961 or of any person serving with or attached to any of the armed forces of Bangladesh; or (b)\tdishonestly receives or retains any stolen property of the nature specified in clause (a), knowing or having reason to believe the same to be stolen; or (c)\tis guilty of any other act or omission with intent to defraud, or to cause wrongful gain or wrongful loss to any person; shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.", "name": "Fraudulent offence in respect of property", "related_acts": "256", "section_id": 43 }, { "act_id": 248, "details": "41. Any person subject to this Act who commits any of the following offences, that is to say,- (a)\tmalingers or feigns or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or (b)\twith intent to render himself or any other person subject to this Act unfit for service, voluntarily causes hurt to himself or such other person; or (c)\tis guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to ten years or with such less punishment as is in this Act mentioned.", "name": "Certain forms of disgraceful conduct", "related_acts": "", "section_id": 44 }, { "act_id": 248, "details": "42. Any person subject to this Act who directly or indirectly accepts or obtains, or agrees to accept, or attempts to obtain, from any person for himself or any other person, any gratification whatever other than a legal remuneration, as a motive or reward for doing or forbearing to do any act, or for showing favour or disfavour to any person, in relation to any of the affairs of the State or of any service affairs, shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.", "name": "Illegal gratification", "related_acts": "", "section_id": 45 }, { "act_id": 248, "details": "43. Any person subject to this Act who commits the following offence, that is to say, the offence of being in a state of intoxication, shall, on conviction by court martial, if he commits such offence on active service or while he is on duty, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned; and if he commits such offence while not on active service or not on duty, be punished, if he is subject to this Act as an officer, with dismissal or such less punishment as is in this Act mentioned; and if he is subject to this Act otherwise than as an officer, with rigorous imprisonment for a term which may extend to six months or with such less punishment as is in this Act mentioned.", "name": "Intoxication", "related_acts": "", "section_id": 46 }, { "act_id": 248, "details": "44. (1) Any person subject to this Act who, without authority, wilfully releases any prisoner or person placed in service custody, shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such less punishment as is in this Act mentioned. (2) Any person subject to this Act who commits any of the following offences, that is to say,- (a)\tnegligently or without reasonable excuse allows any prisoner or person placed in his charge to escape, or  (b)\tbeing in lawful custody escapes or attempts to escape or leaves such custody before he is set at liberty by proper authority; shall, on conviction by court martial, be punished, if he is subject to this Act as an officer with dismissal, or such less punishment as is in this Act mentioned; and if he is subject to this Act otherwise, with rigorous imprisonment for a term which may extend to two years or with such less punishment as is in this Act mentioned.", "name": "Offences in relation to persons in custody", "related_acts": "", "section_id": 47 }, { "act_id": 248, "details": "45. Any person subject to this Act who commits any of the following offences, that is to say,- (a)\tloses by neglect any arms, ammunition, equipment, instruments, tools, clothing or any other thing, being Government or service property issued to him for his use or entrusted to him for his use or entrusted to him for military purposes; or (b)\twilfully destroys or injures any Government or service property; shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to two years or with such less punishment as is in this Act mentioned.", "name": "Loss of arms, etc., and destruction of property", "related_acts": "", "section_id": 48 }, { "act_id": 248, "details": "46. Any person subject to this Act who commits any of the following offences, that is to say,- (a)\tmakes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false; or (b)\tin making a complaint to his superior officer makes any statement affecting the character of a person subject to this Act knowing or having reason to believe such statement to be false, or in making such complaint knowingly and wilfully suppresses any material fact; shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to two years, or with such less punishment as is in this Act mentioned.", "name": "False accusation", "related_acts": "", "section_id": 49 }, { "act_id": 248, "details": "47. Any person subject to this Act who commits any of the following offences, that is to say,- (a) \tin any report, return, list certificate, book or other service or official document made or signed by him or of the contents of which it is his duty to ascertain the accuracy,- (i) \tknowingly makes or is privy to the making of any false or fraudulent statement; or (ii) \tknowingly makes or is privy to the making of an omission with intent to defraud; or (b)\tknowingly and with intent to injure any person, or to defraud, suppresses, defaces, alters or makes away with, any service or official document which it is his duty to preserve or produce; or (c) \twhen it is his official duty to make a declaration respecting any service or official matter, knowingly makes a false declaration; shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to seven years, or with such less punishment as is in this Act mentioned.", "name": "False documents", "related_acts": "", "section_id": 50 }, { "act_id": 248, "details": "48. Any person subject to this Act who,- (a)\twhen signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores of any other Government or service property, knowingly leaves in blank any material part for which his signature is a voucher; or (b)\trefuses, or by culpable neglect omits, to make a report or return which it is his duty to make; shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to two years, or with such less punishment as is in this Act mentioned.", "name": "Signing in blank and failure to report", "related_acts": "", "section_id": 51 }, { "act_id": 248, "details": "49. Any person subject to this Act who commits any of the following offences, that is to say,- (a)\trefuses to be sworn or affirmed when duly required by a court martial to be sworn or affirmed; or  (b)\trefuses, when a witness, to answer any question or to produce or deliver up any book, document or other thing when duly required by a court martial to answer such question, or to produce or deliver up such book, document or other thing; or (c)\tis guilty of contempt of court martial, by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such court; shall, on conviction by court martial be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.", "name": "Offences in relation to courts martial", "related_acts": "", "section_id": 52 }, { "act_id": 248, "details": "50. Any person subject to this Act who, having been duly sworn or affirmed before any court martial or other military court competent under this Act to administer an oath or affirmation, makes any statement which is false and which he either knows or believes to be false or does not believe to be true, shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to ten years, or with such less punishment as is in this Act mentioned.", "name": "False statement before court martial", "related_acts": "", "section_id": 53 }, { "act_id": 248, "details": "51. Any person subject to this Act who,- (1) without lawful excuse, detains a person in arrest\tor confinement without bringing him to trial or fails to bring his case before the proper authority for investigation; or (2)\thaving committed a person to custody, fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within twenty-four hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged; shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to two years or with such less punishment as is in this Act mentioned.", "name": "Irregular confinement", "related_acts": "", "section_id": 54 }, { "act_id": 248, "details": "52. 28Any officer or junior commissioned officer, who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court martial, be liable to be dismissed from the service or to suffer such less punishment as is in this Act mentioned.", "name": "Unbecoming behaviour", "related_acts": "", "section_id": 55 }, { "act_id": 248, "details": "53. Any person subject to this Act who strikes or ill- treats any person subject to this Act being his subordinate in rank or position shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned.", "name": "Striking or ill-treating person subject to the Act", "related_acts": "", "section_id": 56 }, { "act_id": 248, "details": "54. Any officer, 29junior commissioned officer or non-commissioned officer who, having received the pay of a person subject to this Act, unlawfully detains or refuses to pay the same, when due, shall, on conviction by court martial, be liable to be punished with rigorous imprisonment for a term which may extend to seven years or with such less punishment as is in this Act mentioned.", "name": "Unlawful detention of pay", "related_acts": "", "section_id": 57 }, { "act_id": 248, "details": "55. Any person subject to this Act who is guilty of any act, conduct, disorder or neglect to the prejudice of good order and of military discipline shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned.", "name": "Violation of good order and discipline", "related_acts": "", "section_id": 58 }, { "act_id": 248, "details": "56. Any person subject to this Act who,- (a) \tvoluntarily or negligently damages, destroys or loses any service aircraft or aircraft material; or (b) \tis guilty of any act or omission likely to cause such damage, destruction or loss; or (c) \twithout due authority disposes of any service aircraft or aircraft material; or  (d) \tis guilty of any act or omission in flying or in the use of any aircraft, or in relation to any aircraft, or aircraft material which causes or is likely to cause loss of life or bodily injury to any person; or (e) \tduring a state of war, voluntarily and without proper occasion or negligently causes sequestration, by or under the authority of a neutral State, or the destruction in a neutral State, of any service aircraft, shall, on conviction by court martial, be punished, if he has acted voluntarily, with rigorous imprisonment for a term which may extend to fourteen years or with such less punishment as is in this Act mentioned; and if he has not acted voluntarily, with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned. Explanation.- In this section, “aircraft” includes aero-planes, baloons, kite baloons, airships, gliders or other machines for flying, and “aircraft material” includes any engines, fittings, guns, gear, instruments or apparatus for use in connection with aircraft, and components and accessories of aircraft, and petrol or any other substance used for providing motive power for aircraft, and lubricating oil.", "name": "Offences relating to aircraft", "related_acts": "", "section_id": 59 }, { "act_id": 248, "details": "57. Any person subject to this Act who attempts to commit any offence 30specified in this Act and in such attempt does any act towards the commission of the offence shall, on conviction by court martial, where no express provision is made by this Act for the punishment of such attempt, be punished, if the offence attempted to be committed is punishable with death, with rigorous imprisonment for a term which may extend to fourteen years or with such less punishment as is in this Act mentioned; and if the offence attempted to be committed is punishable with rigorous imprisonment, with rigorous imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with such less punishment as is in this Act mentioned.", "name": "Attempt", "related_acts": "", "section_id": 60 }, { "act_id": 248, "details": "58. Any person subject to this Act who abets the commission of any offence 31specified in this Act, or of any offence punishable under 32* * * the Air Force Act, 1953, or the Navy Ordinance, 1961, such offence being of the same nature as an offence 33specified in this Act, shall, on conviction by court martial, be punished with the punishment provided for such offence in this Act or in 34* * * the Air Force Act, 1953, or in the Navy Ordinance, 1961, as the case may be, or with such less punishment as is in this Act mentioned.", "name": "Abetment", "related_acts": "256,256", "section_id": 61 }, { "act_id": 248, "details": "59. (1) Subject to the provisions of sub-section (2), any person subject to this Act who at any place in or beyond Bangladesh commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section, shall be liable to be dealt with under this Act, and, on conviction, to be punished as follows, that is to say,- (a)\tif the offence is one which would be punishable under any law in force in Bangladesh with death or with transportation, he shall be liable to suffer any punishment other than whipping assigned for the offence by the aforesaid law or such less punishment as is in this Act mentioned; and  (b)\tin any other case, he shall be liable to suffer any punishment other than whipping assigned for the offence by the law in force in Bangladesh, or with rigorous imprisonment for a term which may extend to five years or with such less punishment as is in this Act mentioned. (2) A person subject to this Act who commits an offence of murder against a person not subject to this Act or to 35* * * the Air Force Act, 1953, or to the 36Navy Ordinance, 1961, or of culpable homicide not amounting to murder against such a person or of rape in relation to such a person, shall not be deemed to be guilty of an offence against this Act and shall not be dealt with under this Act unless he commits any of the said offences,- (a)\twhile on active service, or (b)\tat any place outside Bangladesh, or (c)\tat a frontier post specified by the Government by notification in this behalf. (3) The powers of a court martial or an officer exercising authority under section 23 to charge and punish any person under this section shall not be affected by reason of the fact that the civil offence with which such person is charged is also an offence against this Act. (4) Notwithstanding anything contained in this Act or in any other law for the time being in force, a person who becomes subject to this Act by reason of his being accused of an offence mentioned in clause (d) of sub-section (1) of section 2 shall be liable to be tired or otherwise dealt with under this Act for such offence as if the offence were an offence against this Act and were committed at the time when such person was subject to this Act; and the provisions of this section shall have effect accordingly.", "name": "Civil offences", "related_acts": "256", "section_id": 62 }, { "act_id": 248, "details": "60. Punishments may be inflicted in respect of offences committed by persons subject to this Act and convicted by courts martial according to the scale following, that is to say,- (a) \tdeath; (b) \ttransportation for life or for any period not less than seven years; (c) \trigorous imprisonment for any term not exceeding fourteen years; (d) \tdismissal from the service; (e) \tin the case of persons other than 37officers or junior commissioned officers, detention for a period not exceeding six months; (f) 38* * * in the case of non-commissioned officers, reduction to the ranks or to a lower rank; (g) \tin the case of officers, 39junior commissioned officers and non-commissioned officers, forfeiture of seniority of rank; or, in the case of any of the aforesaid whose promotion depends upon length of service, forfeiture of all or any part of the service for the purpose of promotion; (h) \tforfeiture of service for the purposes of increased pay, or any other prescribed purpose;  (i) \tin the case of officers, 40junior commissioned officers and non-commissioned officers, severe reprimand or reprimand; (j)\tforfeiture, fines and stoppages as follows, namely:- (i)\tin the case of a person sentenced to dismissal from the service, forfeiture of all arrears of pay and allowances and other public money due to him at the time of such dismissal; (ii) \tfine; (iii)\tstoppages of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good; (iv)\tfor an offence committed on active service, forfeiture of pay and allowances for a period commencing on the day of the sentence and not exceeding three months: Provided that,- (1)\ta person shall not be sentenced to transportation or to be fined except in respect of an offence of which he is convicted under section 59 of this Act; (2)\twhere in respect of an offence under this Act there is specified a particular punishment or such less punishment as is in this Act mentioned, there may be awarded in respect of that offence instead of such particular punishment, but subject to the other provisions of this Act and regard being had to the nature and degree of the offence, any one punishment lower in the scale than the particular punishment; and (3)\tan offender under this Act shall not be subject to detention for more than six months whether under one or more sentences.", "name": "Punishments", "related_acts": "", "section_id": 63 }, { "act_id": 248, "details": "61. (1) Where any person subject to this Act, 41being below the rank of junior commissioned officer, commits any offence on active service, it shall be lawful for a court martial to award for that offence any such punishment, other than flogging, as may be prescribed as a field punishment. Field punishment shall be of the character of personal restraint or of hard labour but shall not be of a nature to cause injury to life or limb. (2) Field punishment shall, for the purpose of commutation, be deemed to stand next below detention.", "name": "Field punishment", "related_acts": "", "section_id": 64 }, { "act_id": 248, "details": "62. 42(1) Where an officer or junior commissioned officer is sentenced to death, transportation or rigorous imprisonment, the court shall, by its sentence, sentence such officer or junior commissioned officer to be dismissed from the service. (2) A person subject to this Act, being below the rank of 43junior commissioned officer who is sentenced to transportation or rigorous imprisonment, may, in addition thereto, be sentenced to be dismissed from the service. (3) An officer, 44junior commissioned officers or non-commissioned officer, when sentenced to forfeiture of seniority of rank or service for the purposes of promotion or to forfeiture of service for the purposes of increased pay, or any other prescribed purpose, may, in addition thereto, be sentenced by court martial to be severely reprimanded or reprimanded. (4) In addition to, or without any other punishment, in respect of any offence, an offender may be sentenced by court martial to any forfeiture, fine or stoppages authorised by this Act. (5) A non-commissioned officer sentenced by court martial to transportation, rigorous imprisonment, detention, field punishment or dismissal from the service shall be deemed to be reduced to the ranks.", "name": "Special provisions regarding sentences", "related_acts": "", "section_id": 65 }, { "act_id": 248, "details": "63. When, on active service, any person enrolled under this Act has been sentenced by court martial to dismissal from the service or to transportation or rigorous imprisonment whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks, and where such person has been sentenced to transportation or rigorous imprisonment, such service shall be reckoned as part of his term or transportation or rigorous imprisonment.", "name": "Retention in the ranks of person convicted on active service", "related_acts": "", "section_id": 66 }, { "act_id": 248, "details": "64. The pay and allowances of an officer, 45junior commissioned officer or of any person enrolled under this Act shall be paid without any deductions other than deductions authorised by or under this Act or any other law for the time being in force.", "name": "Authorised deductions only to be made from pay", "related_acts": "", "section_id": 67 }, { "act_id": 248, "details": "65. (1) The following penal deductions may be made from the pay and allowances of an officer, that is to say,- (a) \tall pay and allowances for every day he absents himself without leave, unless a satisfactory explanation has been given to his commanding officer or other superior officer and has been accepted by the Government; (b) \tall pay and allowances for every day while he is in custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a criminal court or a court martial or by an officer exercising authority under section 23; (c) \tany sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay;  (d) \tall pay and allowances ordered by a court martial or by an officer exercising authority under section 23 to be forfeited or stopped; (e) \tany sum required to pay a fine awarded by a criminal court or a court martial exercising jurisdiction under section 59; (f) \tany sum required to make good any loss, damage or destruction of any public or service property which, after due investigation, appears to the Government to have been occasioned by any wrongful act or negligence on the part of the officer; (g)\tall pay and allowances forfeited by order of the Government if the officer is found by a court of inquiry constituted in this behalf by the Chief of Army Staff to have deserted to the enemy, or while in enemy hands, to have served with or under the orders of, the enemy, or in any manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy through want of due precaution or through disobedience of orders or wilful neglect of duty, or having been taken prisoner by the enemy to have failed to rejoin his service when it was possible to do so; (h)\tany sum which a criminal court or the Government orders him to pay for the maintenance of his wife or his child, legitimate or illegitimate. (2) The following penal deductions may be made from the pay and allowances of a person subject to this Act other than an officer, that is to say,- (a)\tall pay and allowances for every day of absence without leave or as a prisoner of war, and for every day of transportation, imprisonment or detention awarded by a criminal court, a court martial, or an officer exercising authority under section 23 or of field punishment awarded by court martial, or such officer; (b)\tall pay and allowances for every day while he is in custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a criminal court or a court martial, or on a charge of absence without leave for which he is afterwards awarded imprisonment, detention or field punishment by an officer exercising authority under section 23;  (c)\tall pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this Act committed by him; (d)\tfor every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specified by order of the Government or of the prescribed officer; (e)\tall pay and allowances ordered by a court martial or by an officer exercising authority under section 23 to be forfeited or stopped; (f) \tall pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands of, the enemy; (g)\tany sum required to make good such compensation for any expense, loss, damage or destruction caused by him to the Government or to any building or property as may be awarded by his commanding officer; (h)\tany sum required to pay a fine awarded by a criminal court, a court martial exercising jurisdiction under section 59 or an officer exercising authority under section 23; (i)\tany sum which a criminal court, the Government or any prescribed officer orders him to pay for the maintenance of his wife or his child, legitimate or illegitimate: Provided that the total deductions from the pay and allowances of a person under clauses (e), (g), (h) or (i) shall not, except where he is sentenced to dismissal, exceed in any one month one-half of his pay and allowances for that month. Explanation.- For the purposes of clauses (a) and (b): (i)\tno person shall be treated as absent or in custody unless the absence or custody has lasted for six hours or upwards (except where the absence or custody prevents the absentee from fulfilling any military duty which is thereby thrown on some other person);  (ii)\tabsence or custody for six consecutive hours or upwards, whether wholly in one day or partly in one day and partly in another may be reckoned as absence or custody for a day; (iii)\tabsence or custody for twenty-four consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during any portion of which the person was absent or in custody; (iv)\tfor the purposes of this explanation “custody” includes custody on a charge for an offence of which a person is afterwards convicted, and any period in custody of any nature, under a sentence of transportation, rigorous imprisonment, detention or field punishment.", "name": "Deductions from pay and allowances", "related_acts": "", "section_id": 68 }, { "act_id": 248, "details": "66. In the case of a person subject to this Act who is in custody or under suspension from duty on a charge for an offence, the prescribed officer may direct that the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his trial, on the charge against him, in order to give effect to the provisions of clause (b) of sub-section (1) or sub-section (2) of section 65.", "name": "Pay and allowances during trial", "related_acts": "", "section_id": 69 }, { "act_id": 248, "details": "67. Any sum authorised by this Act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension.", "name": "Deduction from public money due, other than pay", "related_acts": "", "section_id": 70 }, { "act_id": 248, "details": "68. Where the conduct of any person subject to this Act, when being taken prisoner by or whilst in the hands of the enemy, is to be inquired into under this Act or any other law for the time being in force, the Chief of Army Staff or any officer empowered by him in this behalf may order that the whole or any part of the pay and allowances of such person shall be withheld pending the result of such inquiry.", "name": "Power to withhold pay and allowances pending inquiry into conduct as prisoner of war", "related_acts": "", "section_id": 71 }, { "act_id": 248, "details": "69. Any deduction from pay and allowances authorised by this Act may be remitted in such manner, to such extent and by such authority as may be prescribed.", "name": "Remission of deductions", "related_acts": "", "section_id": 72 }, { "act_id": 248, "details": "70. In the case of a person subject to this Act being prisoner of war, whose pay and allowances have been forfeited under clause (g) of sub-section (1) or clause (a) of sub-section (2) of section 65 but in respect of whom a remission has been made under section 69 it shall be lawful for proper provision to be made by the prescribed authority out of such pay and allowances for any dependants of such a person and any such remission shall in that case be deemed to apply only to the balance thereafter remaining of such pay and allowances.", "name": "Provision for dependents of prisoner of war from remitted deductions", "related_acts": "", "section_id": 73 }, { "act_id": 248, "details": "71. In the case of a person subject to this Act, it shall be lawful, for proper provision to be made by the prescribed authority for any dependants of any such person who is a prisoner of war or missing out of his pay and allowances.", "name": "General power to make provision for dependants", "related_acts": "", "section_id": 74 }, { "act_id": 248, "details": "72. For the purposes of sections 70 and 71 a person shall be deemed to continue to be a prisoner of war until the conclusion of any inquiry into his conduct such as is referred to in section 68 and if he is dismissed from the service in consequence of such conduct, until the date of dismissal.", "name": "Period during which a person is deemed to be a prisoner of war", "related_acts": "", "section_id": 75 }, { "act_id": 248, "details": "73. (1) Any person subject to this Act who is charged with any offence may be taken into military custody. (2) Any such person may be ordered into military custody by any superior officer, or except in the case of a person subject to this Act as an officer, by any member of the military, naval or Air force police. (3) An officer may order into military custody any officer, though he may be of a higher rank, who is engaged in a quarrel, affray or disorder.", "name": "Custody of offenders", "related_acts": "", "section_id": 76 }, { "act_id": 248, "details": "74. Every commanding officer shall take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable having due regard to the public service. Every case of a person detained in custody beyond a period of forty-eight hours and the reason therefor shall be reported by the commanding officer to the officer to whom application is to be made to convene a general or district court martial for the trial of the person charged: Provided that in reckoning the period of forty-eight hours all public holidays shall be excluded.", "name": "Duty of Commanding Officer in regard to person in custody", "related_acts": "", "section_id": 77 }, { "act_id": 248, "details": "75. In every case where any such person as is mentioned in section 73 and as is not on active service remains in custody for a longer period than eight days, without a court martial for his trial being ordered to assemble, a special report giving reasons for the delay shall be made by his commanding officer in the manner prescribed and a similar report shall be forwarded at intervals of eight days until a court martial is assembled or such person is released from custody.", "name": "Interval between committal and court martial", "related_acts": "", "section_id": 78 }, { "act_id": 248, "details": "76. Whenever any person subject to this Act, who is accused of any offence under this Act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to military custody of such person upon receipt of a written application to that effect signed by that person's commanding officer.", "name": "Arrest by civil authorities", "related_acts": "", "section_id": 79 }, { "act_id": 248, "details": "77. (1) Whenever any person subject to this Act deserts, his commanding officer shall give written information of the desertion to such civil authorities as in his opinion may be able to afford assistance towards the capture of the deserter. Such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a magistrate, and shall deliver the deserter, when apprehended, into military custody. (2) It shall be lawful for any police officer to arrest without warrant any person whom he reasonably believes to be subject to this Act, and to be a deserter or absentee without leave, and to bring him without delay before the nearest magistrate, to be dealt with according to law.", "name": "Capture of deserters", "related_acts": "", "section_id": 80 }, { "act_id": 248, "details": "4678A. A court of inquiry may also be assembled in the prescribed manner to inquire into any matter which may be referred to it.", "name": "Inquiry into any other matter", "related_acts": "", "section_id": 81 }, { "act_id": 248, "details": "78. (1) When any person subject to this Act has been absent from his duty without due authority for a period of sixty days, a court of inquiry shall, as soon as practicable, be assembled and such court shall, upon oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the Government entrusted to his care, or in his arms, ammunition, equipment, instruments, clothing or necessaries; and, if satisfied of the fact of such absence without due authority or other sufficient cause, the court shall declare such absence and the period thereof and the said deficiency, if any, and the commanding officer of the corps or unit to which the person belongs shall enter in the court martial book of the corps or unit a record of the declaration. (2) If the person declared absent does not afterwards surrender, or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter.", "name": "Inquiry into absence of person subject to the Act", "related_acts": "", "section_id": 82 }, { "act_id": 248, "details": "79. (1) For the prompt and instant repression of irregularities and offences committed, provost marshals with assistants may be appointed by the Chief of Army Staff, or by any prescribed officer. (2) The duties of a provost marshal so appointed shall be to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons subject to this Act. (3) A provost marshal may at any time arrest and detain for trial any person subject to this Act who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of a sentence awarded by a court martial, or by an officer exercising authority under section 23 but shall not inflict any punishment on his own authority: Provided that no officer shall be so arrested or detained otherwise than by or under the orders of an officer.  (4) For the purposes of sub-sections (2) and (3) “provost marshal” shall be deemed to include an assistant provost marshal appointed under this Act, or a provost marshal or any of his assistants appointed under 47* * * the Air Force Act, 1953, or the 48Navy Ordinance, 1961.", "name": "Appointment, duties and powers of provost marshals", "related_acts": "256", "section_id": 83 }, { "act_id": 248, "details": "80. For the purposes of this Act, there shall be four kinds of courts martial, that is to say,- (1)\tgeneral courts martial; (2)\tdistrict courts martial; (3)\tfield general courts martial; and (4)\tsummary courts martial.", "name": "Kinds of courts martial", "related_acts": "", "section_id": 84 }, { "act_id": 248, "details": "81. A general court martial may be convened by the Chief of Army Staff or by an officer empowered in this behalf by warrant of the Chief of Army Staff.", "name": "Power to convene general courts martial", "related_acts": "", "section_id": 85 }, { "act_id": 248, "details": "82. A district court martial may be convened by an authority having power to convene a general court martial or by an officer empowered in this behalf by a warrant of any such authority.", "name": "Power to convene district courts martial", "related_acts": "", "section_id": 86 }, { "act_id": 248, "details": "83. A warrant issued under section 81 or section 82 may contain such restrictions, reservations or conditions as the authority issuing it may think fit.", "name": "Limitation of powers of convening authorities", "related_acts": "", "section_id": 87 }, { "act_id": 248, "details": "84. The following authorities shall have power to convene a field general court martial, namely:- (a)\tan officer empowered in this behalf by an order of the Government or of the Chief of Army Staff;  (b)\ton active service, an officer commanding a portion of the Bangladesh Army, not below the rank of 49Brigadier General, if in the opinion of such officer commanding, such opinion to be recorded in writing and to be conclusive, it is not practicable with due regard to discipline and the exigencies of the service to try the alleged offender by a general court martial.", "name": "Power to convene field general court martial", "related_acts": "", "section_id": 88 }, { "act_id": 248, "details": "85. A general court martial shall consist of not less than five officers each of whom has held a commission for not less than three whole years and of whom not less than four are of a rank not below that of captain.", "name": "Composition of general court martial", "related_acts": "", "section_id": 89 }, { "act_id": 248, "details": "86. A district court martial shall consist of not less than three officers each of whom has held a commission for a continuous period of not less than two years.", "name": "Composition of district court martial", "related_acts": "", "section_id": 90 }, { "act_id": 248, "details": "87. A field general court martial shall consist of not less than three officers.", "name": "Composition of field general court martial", "related_acts": "", "section_id": 91 }, { "act_id": 248, "details": "88. (1) A summary court martial may be held by the commanding officer of any corps or unit or any detachment thereof. (2) At every summary court martial, the officer holding the trial shall alone constitute the court, but the proceedings shall be attended throughout by two officers, or two junior commissioned officers, or one officer and one junior commissioned officer, who shall not as such be sworn or affirmed.", "name": "Summary courts martial", "related_acts": "", "section_id": 92 }, { "act_id": 248, "details": "89. (1) If a court martial after the commencement of a trial is reduced below the smallest number of officers of which it is by this Act required to consist, it shall be dissolved. (2) If, on account of the illness of the judge advocate or of the accused before the finding, it is impossible to continue the trial, the court martial shall be dissolved. (3) The officer who convened a court martial may dissolve such court martial if it appears to him that the exigencies of the service or the necessities of discipline render it impossible or inexpedient to continue the trial. (4) Where a court martial is dissolved under this section, the accused may be tried by a fresh court martial.", "name": "Dissolution of courts martial", "related_acts": "", "section_id": 93 }, { "act_id": 248, "details": "90. Where any person subject to this Act has been acquitted or convicted of an offence by a court martial or by a criminal court or has been summarily dealt with for an offence under section 23, he shall not be liable to be tried again for the same offence by a court martial or be dealt with summarily in respect of it under the said section.", "name": "Prohibition of second trial", "related_acts": "", "section_id": 94 }, { "act_id": 248, "details": "91. (1) No trial by court martial of any person subject to this Act for any offence, other than an offence of desertion or fraudulent enrolment or any of the offences mentioned in section 31 or section 40, shall be commenced after the expiration of three years from the date of such offence and no such trial for an offence of desertion, other than desertion on active service or of fraudulent enrolment shall be commenced if the person in question, not being an officer, has subsequently to the commission of the offence, served continuously in an exemplary manner for not less than three years with any portion of the Bangladesh regular forces. (2) In the computation of the period of three years specified in sub-section (1) any time spent by the person in question as a prisoner of war, or in evading arrest, shall be excluded.", "name": "Period of limitation for trial", "related_acts": "", "section_id": 95 }, { "act_id": 248, "details": "92. (1) Where an offence has been committed by any person while subject to this Act, and he has ceased to be so subject, he may be taken into and kept in military custody and tried and punished for such offence as if he had continued to be so subject. (2) No such person shall be tried for an offence, unless his trial commences within six months after he had ceased to be subject to this Act: Provided that nothing contained in this sub-section shall apply to the trial of any such person for an offence of desertion, fraudulent enrolment, or for any of the offences mentioned in section 31 or shall affect the jurisdiction of a criminal court to try any offence triable by such court as well as by a court martial.", "name": "Liability of offender who ceases to be subject to the Act", "related_acts": "", "section_id": 96 }, { "act_id": 248, "details": "93. Any person subject to this Act who commits any offence against it may be tried and punished for such offence in any place whatever.", "name": "Place of trial", "related_acts": "", "section_id": 97 }, { "act_id": 248, "details": "94. When a criminal court and a court martial have each jurisdiction in respect of a civil offence, it shall be in the discretion of the prescribed officer to decide before which court the proceedings shall be instituted and, if that officer decides that they shall be instituted before a court martial, to direct that the accused person shall be detained in military custody.", "name": "Order in case of concurrent jurisdiction of court martial and criminal court", "related_acts": "", "section_id": 98 }, { "act_id": 248, "details": "95. (1) When a criminal court having jurisdiction is of the opinion that proceedings ought to be instituted before itself in respect of any civil offence, it may, by written notice, require the prescribed officer, at his option, either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings pending a reference to the Government. (2) In every such case, the said officer shall either deliver over the offender in compliance with the requisition or shall forthwith refer the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.", "name": "Power of criminal court to require delivery of offender", "related_acts": "", "section_id": 99 }, { "act_id": 248, "details": "96. Where a person subject to this Act is acquitted or convicted of an offence by a court martial, a criminal court shall be debarred from trying him subsequently for the same offence or on the same facts.", "name": "Trial by court martial, bar to subsequent trial by criminal court", "related_acts": "", "section_id": 100 }, { "act_id": 248, "details": "5096A. For the purposes of sections 94 and 96, the term “court martial” shall include an officer exercising authority under section 23.", "name": "Definition of court martial", "related_acts": "", "section_id": 101 }, { "act_id": 248, "details": "97. A general or field general court martial shall have power to try any person subject to this Act for any offence made punishable therein, and to pass any sentence authorised by this Act.", "name": "Powers of general and field general courts martial", "related_acts": "", "section_id": 102 }, { "act_id": 248, "details": "98. A district court martial shall have power to try any person subject to this Act, except 51an officer or junior commissioned officer, for any offence made punishable therein, and to pass any sentence authorised by this Act other than a sentence of death or transportation or rigorous imprisonment for a term exceeding two years.", "name": "Power of district courts martial", "related_acts": "", "section_id": 103 }, { "act_id": 248, "details": "99. A summary court martial may try any offence punishable under any of the provisions of this Act: Provided that when there is no grave reason for immediate action and reference can without detriment to discipline be made to the officer empowered to convene a district court martial, or on active service a field general court martial, for the trial of the alleged offender, an officer holding a summary court martial shall not try without such reference any of the following offences, namely:- (a)\tany offence punishable under sections 24, 31 and 59;or (b)\tany offence against the officer holding the court.", "name": "Offences triable by summary court martial", "related_acts": "", "section_id": 104 }, { "act_id": 248, "details": "100. A summary court martial may try any person subject to this Act and under the command of the officer holding the court, except 52an officer or junior commissioned officer.", "name": "Persons triable by summary court martial", "related_acts": "", "section_id": 105 }, { "act_id": 248, "details": "101. A summary court martial may pass any sentence which may be passed under this Act, except a sentence of death or transportation or of rigorous imprisonment for a term exceeding one year: Provided that if the officer holding the summary court martial is below the rank of Major, he shall not award rigorous imprisonment for a term exceeding three months.", "name": "Sentence awardable by summary court martial", "related_acts": "", "section_id": 106 }, { "act_id": 248, "details": "102. The president of a general, district or field general court martial shall be appointed by order of the authority convening the court.", "name": "President", "related_acts": "", "section_id": 107 }, { "act_id": 248, "details": "103. Every general court martial shall, and every district or field general court martial may, be attended by a judge advocate, who shall be an officer belonging to the department of the Judge Advocate General, Bangladesh Army or, if no such officer is available, a person appointed by the convening officer.", "name": "Judge Advocate", "related_acts": "", "section_id": 108 }, { "act_id": 248, "details": "104. (1) At all trials by general, district or field general court martial, as soon as the court is assembled, the names of the president and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the court. (2) If the accused objects to such officer, his objection, and also the reply thereto of the officer objected to, shall be heard and recorded, and the remaining officers of the court shall, decide on the objection in the absence of the challenged officer. (3) If the objection is allowed by one half or more of the votes of the officers entitled to vote, the objection shall be allowed and the member objected to shall retire and his vacancy may be filled in the prescribed manner by another officer subject to the right of the accused to object. (4) When no challenge is made, or when challenge has been made and disallowed or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial.", "name": "Challenges", "related_acts": "", "section_id": 109 }, { "act_id": 248, "details": "105. (1) Every decision of a court martial shall be passed by an absolute majority of votes; and where there is an equality of votes, as to either finding or sentence, the decision shall be in favour of the accused: Provided that no sentence of death shall be passed without the concurrence, in the case of a general court martial of at least two-thirds of the members and, in the case of a field general court martial of all the members, of the court. (2) In matters other than a challenge or the finding or sentence, the president shall have a second or casting vote.", "name": "Voting of members", "related_acts": "", "section_id": 110 }, { "act_id": 248, "details": "106. An oath or affirmation in the prescribed form shall be administered to every member of every court martial before the commencement of the trial.", "name": "Oaths of president and members", "related_acts": "", "section_id": 111 }, { "act_id": 248, "details": "107. After the members of the court have been sworn or affirmed, an oath or affirmation in the prescribed form shall be administered to the following persons or such of them as are present at the court martial:- (a)\tjudge advocate; (b)\tofficer attending for the purpose of instruction; (c)\tshorthand writer; (d)\tinterpreter.", "name": "Oaths of judge advocate and others", "related_acts": "", "section_id": 112 }, { "act_id": 248, "details": "108. Every person giving evidence at a court martial shall be examined on oath or affirmation and shall be duly sworn or affirmed in the prescribed form: Provided that where a court martial is satisfied that a child of tender years is unable to understand the nature of an oath or affirmation, it may dispense with the administration of oath or affirmation.", "name": "Oaths of witnesses", "related_acts": "", "section_id": 113 }, { "act_id": 248, "details": "109. (1) The convening officer, the president of a court martial or a court of inquiry, the judge advocate, or the commanding officer of the accused person may, by summons under his hand, require the attendance at a time and place to be mentioned in the summons of any person either to give evidence or to produce any document or thing. (2) In the case of a witness amenable to military, naval or air force authority, the summons shall be sent to his commanding officer and such officer shall serve it upon him accordingly. (3) In the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be or reside, and such magistrate shall give effect to the summons as if the witness were required in the court of such magistrate. (4) When a witness is required to produce any document or thing in his possession or power, the summons shall describe it with reasonable precision. (5) Nothing in this section shall be deemed to affect the Evidence Act, 1872, sections 123 and 124, or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. (6) If any document in such custody is, in the opinion of any district magistrate, high court, or court of session wanted for the purpose of any court martial, such magistrate or court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such magistrate or court may direct. (7) If any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause search to be made for and to detain such document pending the orders of any such district magistrate, high court or court of session.", "name": "Summoning witnesses and production of documents", "related_acts": "24", "section_id": 114 }, { "act_id": 248, "details": "110. (1) Whenever, in the course of a trial by a court martial, it appears to the court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such court may, if it thinks necessary, issue a commission in the manner specified in Chapter XL of the Code of Criminal Procedure, 1898, according as the witness resides in a place in or outside Bangladesh. (2) The court may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. (3) Such a commission shall be executed by the magistrate or officer to whom it is issued in the same manner as if it was issued in the trial of a warrant case under the Code of Criminal Procedure, 1898, or of any corresponding law in force at the place where the evidence is recorded; and shall be returned, together with the deposition of the witness examined thereunder, to the Judge Advocate General. (4) The Judge Advocate General will forward the same to the court martial who issued it or, if the said court martial is in the meanwhile dissolved, to another court martial convened for the trial of the accused in respect of the same charge and any deposition so taken shall be recorded in evidence and shall form part of the proceedings of the court. Explanation.- The expression “Judge Advocate General” means the Judge Advocate General, Bangladesh Army, and includes a Deputy Judge Advocate General.", "name": "Commission for the examination of witness", "related_acts": "75,75", "section_id": 115 }, { "act_id": 248, "details": "111. (1) A person charged before a court martial with desertion may be found guilty of attempting to desert or of being absent without leave. (2) A person charged before a court martial with attempting to desert may be found guilty of being absent without leave. (3) A person charged before a court martial with any one of the offences specified in clauses (a) and (b) of section 40 may be found guilty of any other of these offences with which he might have been charged. (4) A person charged before a court martial with an offence punishable under section 59 may be found guilty of any other offence of which he might have been found guilty if the provisions of the Code of Criminal Procedure, 1898, had been applicable. (5) A person charged before a court martial with any offence under this Act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment be found guilty of the same offence as having been committed in circumstances involving a less severe punishment. (6) A person charged before a court martial with any offence under this Act may be found guilty of having attempted to commit, or of abetment of, that offence although the attempt or abetment is not separately charged. (7) A person charged before a court martial with using or attempting to use, criminal force, to his superior officer, knowing or having reason to believe him to be such may be found guilty of having committed an assault on such superior officer.", "name": "Conviction of one offence permissible on charge of another", "related_acts": "75", "section_id": 116 }, { "act_id": 248, "details": "112. Subject to the provisions of this Act, the rules of evidence in proceedings before courts martial shall be the same as those which are followed in criminal courts.", "name": "Rules of evidence to be the same as in criminal courts", "related_acts": "", "section_id": 117 }, { "act_id": 248, "details": "113. A court martial may take judicial notice of any matter within the general military knowledge of the members.", "name": "Judicial notice", "related_acts": "", "section_id": 118 }, { "act_id": 248, "details": "114. In any proceedings under this Act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the 53service of the Republic shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed until the contrary is proved.", "name": "Presumption as to signatures", "related_acts": "", "section_id": 119 }, { "act_id": 248, "details": "115. (1) Any enrolment paper purporting to be signed by an enrolling officer shall, in proceedings under this Act, be evidence that the person enrolled gave the answers which he is therein represented as having given. (2) The enrolment of such person may be proved by the production of his enrolment paper or a copy of his enrolment paper purporting to be certified to be a true copy by the officer having the custody of the enrolment paper.", "name": "Enrolment paper", "related_acts": "", "section_id": 120 }, { "act_id": 248, "details": "116. (1) A letter, return or other document with respect to a person, (i) \thaving, or not having, at any time served in, or been discharged from any part of the armed forces of Bangladesh, or (ii)\thaving, or not having, held any rank or appointment in, or been posted or transferred to any part of such forces, or having or not having served in any particular country or place, or (iii)\tbeing, or not being, authorised to use or wear any naval, military or Air force decoration, medal, metal ribbon, badge, wound stripe or emblem, the use or wearing of which by an unauthorised person is, by any law in force for the time being, an offence,  if purporting to be signed by or on behalf of a Secretary to the Government, or on behalf of the Bangladesh Military, Naval or Air Force Headquarters, or by the commanding officer or the officer or record officer having the custody of the records of any portion of those forces or of any of the ships of Bangladesh Navy to which such person appears to have belonged, or alleges that he belongs or had belonged, shall, be evidence of the facts stated in such letter, return or other document. 54(2) Any Army, navy or air force list or gazette purporting to be published by authority shall be evidence of the status and rank of the officers or junior commissioned officers therein mentioned, and of any appointment held by such officers or junior commissioned officers and the corps, unit, battalion, ship, arm, branch or department of the service to which such officers junior commissioned officers belong. (3) Where a record is made in any service book in pursuance of this Act or of any rules made thereunder or otherwise in pursuance of duty and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts thereby stated. (4) A copy of any record in any service book purporting to be certified to be a true copy by the officer having the custody of such book shall be evidence of such record. (5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave and such person has surrendered himself into the custody of, or has been apprehended by, any officer, or any portion, of the armed forces of Bangladesh, a certificate purporting to be signed by such officer, or by the commanding officer of that portion of the armed forces and stating the fact, date and place of such surrender or apprehension, shall be evidence of the matters so stated. (6) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave and such person has on arrest or surrender been taken to a police station in Bangladesh, a certificate purporting to be signed by the officer-in-charge of that police station, and stating the fact, date and place of such surrender or apprehension shall be evidence of the matters so stated. (7) Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to the Government of Bangladesh upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in any proceeding under this Act.", "name": "Presumption as to certain documents", "related_acts": "", "section_id": 121 }, { "act_id": 248, "details": "117. (1) If at any trial, or other proceedings, for desertion or absence without leave, overstaying leave, or not re-joining when warned for service, the accused states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the 55service of the Republic or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court or officer conducting the proceedings shall address such officer and adjourn the court or proceedings until his reply is received. (2) The written reply of any officer so addressed shall, if signed by him, be received in evidence and have the same effect as if made on oath before the court or officer conducting the proceedings. (3) If the court martial is dissolved before receipt of such reply or if it omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial by the same or another court martial.", "name": "Reference by accused to Government officer", "related_acts": "", "section_id": 122 }, { "act_id": 248, "details": "118. (1) When any person subject to this Act has been convicted by a court martial of any offence, such court martial may inquire into, and receive and record evidence of, any previous convictions of such person, either by a court martial or by a criminal court, and may further inquire into and record the general character of such person, and such other matters as may be prescribed. (2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, service records, and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (3) At a summary court martial, the officer holding the trial may, if he thinks fit, record any previous convictions against the offender, his general character, and such other matters as may be prescribed, as of his own knowledge, instead of requiring them to be proved under the foregoing provisions of this section.", "name": "Evidence of previous convictions and general character", "related_acts": "", "section_id": 123 }, { "act_id": 248, "details": "119. No finding or sentence of a general, district or field general court martial shall be valid except in so far as it may be confirmed as provided by this Act.", "name": "Finding and sentence not valid unless confirmed", "related_acts": "", "section_id": 124 }, { "act_id": 248, "details": "120. The finding and sentence of a general court martial may be confirmed by the Chief of Army Staff or by an officer empowered in this behalf by warrant of the Chief of Army Staff.", "name": "Power to confirm finding and sentence of general court martial", "related_acts": "", "section_id": 125 }, { "act_id": 248, "details": "121. The finding and sentence of a district court martial may be confirmed by an officer having power to convene a general court martial or by any officer empowered in this behalf by warrant of any such officer.", "name": "Power to confirm finding and sentence of district court martial", "related_acts": "", "section_id": 126 }, { "act_id": 248, "details": "122. A warrant issued under section 120 or section 121 may contain such restrictions, reservations or conditions as the officer issuing it may think fit.", "name": "Limitation of powers of confirming authority", "related_acts": "", "section_id": 127 }, { "act_id": 248, "details": "123. The finding and sentence of a field general court martial may be confirmed by the convening officer or if the convening officer so directs by an authority superior to him.", "name": "Power to confirm finding and sentence of field general court martial", "related_acts": "", "section_id": 128 }, { "act_id": 248, "details": "124. Subject to such restrictions, reservations or conditions, as may be contained in any warrant issued under section 120 or section 121, a confirming officer may, when confirming the sentence of a court martial, mitigate or remit the punishment thereby awarded, or commute that punishment for any less punishment or punishments to which the offender might have been sentenced by court martial or if that punishment is death or transportation for life, for any less punishment or punishments mentioned in this Act: Provided that a sentence shall not be commuted for a sentence of transportation or fine unless the original sentence was awarded in respect of a civil offence: Provided further that a sentence of transportation shall not be commuted for a sentence of rigorous imprisonment for a term exceeding the term of transportation awarded by the court.", "name": "Power of confirming authority to mitigate, remit or commute sentences", "related_acts": "", "section_id": 129 }, { "act_id": 248, "details": "125. When any person subject to this Act is tried and sentenced by a court martial while on board a ship, the finding and sentence so far as not confirmed and executed on board the ship may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation.", "name": "Confirmation of finding and sentence on board a ship", "related_acts": "", "section_id": 130 }, { "act_id": 248, "details": "126. (1) Any finding or sentence of a court martial which requires confirmation may be once revised by order of the confirming officer, and, on such revision, the court, if so directed by him, may take additional evidence. (2) The court, on revision, shall consist of the same officers as were present when the original decision was passed unless any of those officers are unavoidably absent. (3) In case of such unavoidable absence, the cause thereof shall be duly recorded in the proceedings, and the court shall proceed with the revision, provided that, if a general court martial, it still consists of five officers or, if a field general or district court martial, of three officers.", "name": "Revision of finding and sentence", "related_acts": "", "section_id": 131 }, { "act_id": 248, "details": "127. The finding and sentence of a summary court martial shall not require to be confirmed, but may be carried out forthwith: Provided that if the officer holding the trial is of less than five years' service, he shall not, except on active service, carry into effect any sentence until it received the approval of an officer having power to convene a district court martial.", "name": "Finding and sentence of a summary court martial", "related_acts": "", "section_id": 132 }, { "act_id": 248, "details": "128. The proceedings of every summary court martial shall without delay be forwarded to an officer having power to convene a district court martial, and such officer, or any higher authority, may, for reasons based on the merits of the case but not on any merely technical grounds, set aside the proceedings or reduce the sentence to any other sentence which the court might have passed.", "name": "Transmission of proceedings of a summary court martial", "related_acts": "", "section_id": 133 }, { "act_id": 248, "details": "129. (1) Where a finding of guilty by a court martial, which has been confirmed, or which does not require confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 143 to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a new finding, if the new finding could have validly been made by the court martial on the charge and if it appears that the court martial must have been satisfied of the facts establishing the offence specified or involved in the new finding, and may pass a sentence for the said offence. (2) Where a sentence passed by a court martial which has been confirmed, or which does not require confirmation, not being a sentence passed in pursuance of a new finding substituted under sub-section (1) is found for any reason to be invalid, the authority referred to in the sub-section may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) For the purposes of this Act, any finding or sentence substituted in accordance with this section for the finding or sentence of a court martial, and any sentence imposed for an offence specified or involved in any such substituted finding, shall have effect as if it were a finding or sentence of a court martial.", "name": "Substitution of a valid finding or sentence for an invalid finding or sentence", "related_acts": "", "section_id": 134 }, { "act_id": 248, "details": "130. (1) Whenever, in the course of a trial by court martial, it appears to the court that the person charged is of unsound mind and consequently incapable of making his defence, or that such person committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or that it was wrong or contrary to law, the court shall record a finding accordingly, and the president of the court, or the officer holding the trial as the case may be, shall forthwith report the case to the confirming officer or, in the case of a court martial whose finding does not require confirmation to the prescribed officer. (2) The confirming officer to whom a case is reported under sub-section (1) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another court martial for the offence with which he was originally charged. (3) The prescribed officer to whom a case is reported under sub-section (1) and a confirming officer confirming a finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner, and shall report the case for the orders of the Government. (4) On receipt of a report under sub-section (3), the Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody. (5) Where an accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention, the prescribed officer may- (a)\tif such person is in custody under sub-section (3), on the report of a medical officer that he is capable of making his defence, or (b)\tif such person is detained in a jail under sub-section (4), on a certificate of the Inspector General of Prisons and if such person is detained in a lunatic asylum under the said sub-section, on a certificate of any two or more of the visitors of such asylum that he is capable of making his defence, take steps to have such person tried by the same or another court martial for the offence with which he was originally charged or, provided that the offence is a civil offence, by a criminal court. (6) Where any person is in custody under sub-section (3) or under detention under sub-section (4),- (a)\tif such person is in custody under sub-section (3), on the report of a medical officer, or (b)\tif such person is detained under sub-section (4), on a certificate from any of the authorities mentioned in clause (b) of sub-section (5), that, in the judgment of such officer or authority, such person may be released without danger of his doing injury to himself or to any other person, the Government may order such person to be released, or to be detained in custody or to be transferred to a public lunatic asylum if he has not already been sent to such an asylum. (7) Where any relative or friend of any person who is in custody under sub-section (3) or under detention under sub-section (4) desires that he shall be delivered to his care and custody, the Government may, upon the application of such relative or friend and on his giving security to the satisfaction of the Government that the person delivered shall- (a)\tbe properly taken care of and prevented from doing injury to himself or to any other person, and (b)\tbe produced for the inspection of such authority, and at such time and places, as the Government may direct, order such person to be delivered to such relative or friend. (8) A copy of every order made by the prescribed officer under sub-section (5) shall forthwith be sent to the Government.", "name": "Provision in the case of accused being lunatic", "related_acts": "", "section_id": 135 }, { "act_id": 248, "details": "131. (1) Any person subject to this Act who considers himself aggrieved by the finding or sentence of a general, field general or district court martial may submit a petition, before confirmation of such finding or sentence, to the officer empowered to confirm it and, after confirmation, to the Government, or the Chief of Army Staff or to any prescribed officer, provided that such prescribed officer is higher in rank than the one who confirmed such finding or sentence. (2) Any person subject to this Act who considers himself aggrieved by the finding or sentence of a summary court martial may submit a petition to the Government, or the Chief of Army Staff, or any officer empowered to act under section 128.", "name": "Remedy against finding and sentence of court martial", "related_acts": "", "section_id": 136 }, { "act_id": 248, "details": "132. The Government or the Chief of Army Staff or any prescribed officer may annul the proceedings of any court martial on the ground that they are illegal or unjust.", "name": "Annulment of proceedings", "related_acts": "", "section_id": 137 }, { "act_id": 248, "details": "133. No remedy shall lie against any decision of a court martial save as provided in this Act, and for the removal of doubt it is hereby declared that no appeal or application shall lie in respect of any proceeding or decision of a court martial to any court exercising any jurisdiction whatever.", "name": "Bar of appeals", "related_acts": "", "section_id": 138 }, { "act_id": 248, "details": "134. In awarding a sentence of death a court martial shall in its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to death.", "name": "Form of sentence of death", "related_acts": "", "section_id": 139 }, { "act_id": 248, "details": "135. Whenever any person is sentenced under this Act to transportation, rigorous imprisonment or detention, the term of sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the president or, in the case of a summary court martial, by the court.", "name": "Commencement of sentence of transportation, or rigorous imprisonment or detention", "related_acts": "", "section_id": 140 }, { "act_id": 248, "details": "136. Whenever any sentence of transportation or rigorous imprisonment is passed under this Act, or whenever any sentence of death so passed is commuted to transportation or to rigorous imprisonment, the commanding officer of the person under sentence, or such other officer as may be prescribed, shall forward a warrant in the prescribed form to the officer-in-charge of the civil prison in which such person is to be confined, and shall forward him to such prison with the warrant: Provided that in the case of a sentence of rigorous imprisonment for a period not exceeding three months, the confirming officer, or in the case of a sentence which does not require confirmation, the court, may direct that the sentence shall be carried out in military custody: Provided further that, on active service, a sentence of rigorous imprisonment may be carried out by confinement in such place as the officer commanding the forces in the field may, from time to time, appoint.", "name": "Execution of sentence of transportation or rigorous imprisonment", "related_acts": "", "section_id": 141 }, { "act_id": 248, "details": "137. Whenever in the opinion of an officer not below the rank of 56Brigadier General empowered in this behalf by the Chief of Army Staff any sentence or portion of a sentence of imprisonment cannot, for special reasons, be conveniently carried out in accordance with provisions of section 136 such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place.", "name": "Execution of sentence of imprisonment in special cases", "related_acts": "", "section_id": 142 }, { "act_id": 248, "details": "138. Where a sentence of detention is passed under this Act, the person on whom that sentence has been passed shall undergo the term of his detention either in a detention barrack or in military custody, or partly in one and partly in the other, but not in a prison.", "name": "Execution of sentence of detention", "related_acts": "", "section_id": 143 }, { "act_id": 248, "details": "139. In every case in which a sentence of transportation is passed under this Act, the offender, until he is transported, shall be dealt with in the same manner as if sentenced to rigorous imprisonment and shall be deemed to have been undergoing his sentence of transportation during the term of such imprisonment.", "name": "Interim custody of offenders sentenced to transportation", "related_acts": "", "section_id": 144 }, { "act_id": 248, "details": "140. A person under sentence of transportation, rigorous imprisonment or detention may during his conveyance from place to place, or when on board a ship or aircraft, be subjected to such restraint as is necessary for his safe conduct and removal.", "name": "Conveyance of prisoner from place to place", "related_acts": "", "section_id": 145 }, { "act_id": 248, "details": "141. Whenever an order is duly made under this Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil prison, a warrant in accordance with such order shall be forwarded by the prescribed officer to the officer-in-charge of the prison in which such person is confined.", "name": "Communication of certain orders to civil prison officers", "related_acts": "", "section_id": 146 }, { "act_id": 248, "details": "142. When a sentence of fine is imposed by a court martial under this Act, whether the trial was held within Bangladesh or not, a copy of such sentence, signed and certified by the president of the court or the officer holding the trial, as the case may be, may be sent to any magistrate in Bangladesh, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure, 1898, for the levy of fines as if it were a sentence of fine imposed by such magistrate.", "name": "Execution of sentence of fine", "related_acts": "75", "section_id": 147 }, { "act_id": 248, "details": "143. (1) When any person subject to this Act has been convicted by a court martial of any offence, the Government or the Chief of Army Staff or any officer not below the rank of 57Brigadier General empowered in this behalf by the Chief of Army Staff may- (i)\teither without conditions or upon any conditions which the person sentenced accepts, pardon the person or remit the whole or any part of the punishment awarded; or (ii)\tmitigate the punishment awarded or commute such punishment for any less punishment or punishments mentioned in this Act: Provided that a sentence of transportation shall not be commuted for a sentence of rigorous imprisonment for a term exceeding the term of transportation awarded by the court, and a sentence of rigorous imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of rigorous imprisonment awarded by the court. (2) If any condition on which a person has been pardoned or a punishment has been remitted is, in the opinion of the authority which granted the pardon or remitted the punishment, not fulfilled, such authority may cancel the pardon or remission, and thereupon the sentence of the court shall be carried into effect as if such pardon had not been granted or such punishment had not been remitted: Provided that, in the case of a person sentenced to transportation, rigorous imprisonment, or detention, such person shall undergo only the unexpired portion of his sentence. (3) When under the provisions of sub-section (5) of section 62 a non-commissioned officer is deemed to be reduced to the ranks, such reduction shall, for the purposes this section, be treated as a punishment awarded by sentence of a court martial.", "name": "Pardons and remissions", "related_acts": "", "section_id": 148 }, { "act_id": 248, "details": "144. (1) Where a person subject to this Act has been sentenced by a court martial to transportation, rigorous imprisonment or detention, the Government, or the Chief of Army Staff, or any officer empowered to convene a general or field general court martial may suspend the sentence whether or not the offender has already been committed to prison or custody. (2) The authority or officer specified in sub-section (1) may in the case of an offender so sentenced direct that, until the orders of such authority or officer have been obtained, the offender shall not be committed to prison or custody. (3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, mitigated or commuted.", "name": "Suspension of sentence of transportation, rigorous imprisonment or detention", "related_acts": "", "section_id": 149 }, { "act_id": 248, "details": "145. (1) Where the sentence referred to in section 144 is imposed by a court martial other than a summary court martial the confirming officer may, when confirming the sentence, direct that the offender be not committed to prison or to custody until the orders of the authority or officer specified in section 144 have been obtained. (2) Where a sentence of rigorous imprisonment or detention is awarded by a summary court martial, the officer holding the trial or the officer authorised to approve the sentence under the proviso to section 127 may make the direction referred to in sub-section (1).", "name": "Orders pending suspension", "related_acts": "", "section_id": 150 }, { "act_id": 248, "details": "146. Where in accordance with any order passed under section 144 a sentence is suspended, the offender shall, whether he has been committed to prison or custody or not, be released forthwith.", "name": "Release on suspension", "related_acts": "", "section_id": 151 }, { "act_id": 248, "details": "147. Any period during which a sentence is under suspension shall be reckoned as part of the term of such sentence.", "name": "Computation of period of sentence under suspension", "related_acts": "", "section_id": 152 }, { "act_id": 248, "details": "148. The authority or officer specified in section 144 may, at any time whilst a sentence is suspended, order- (a) \tthat the offender be committed to undergo the unexpired portion of the sentence; or (b)\tthat the sentence be remitted.", "name": "Power to set aside suspension or to order remission", "related_acts": "", "section_id": 153 }, { "act_id": 248, "details": "149. (1) Where a sentence has been suspended, the case may at any time and shall, at intervals of not more than four months be reconsidered by the authority or officer specified in section 144 or by an officer not below the rank of field officer duly authorised in this behalf by the authority or officer specified in section 144. (2) Where on such reconsideration by the officer authorised in this behalf under sub-section (1), it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the case to the authority or officer specified in section 144.", "name": "Periodical review of suspended sentence", "related_acts": "", "section_id": 154 }, { "act_id": 248, "details": "150. Where an offender, while a sentence on him is suspended, is sentenced for any other offence, then- (a)\tif the further sentence is also suspended under this Act, the two sentences shall run concurrently; (b)\tif the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or military custody on the unexpired portion of the previous sentence, but both sentences shall run concurrently; and (c)\tif the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 148 or 149 continue to be suspended.", "name": "Procedure on further sentence of offender whose sentence is suspended", "related_acts": "", "section_id": 155 }, { "act_id": 248, "details": "151. The powers conferred by section 144 or section 148 shall be in addition to and not in derogation of the powers of mitigation, remission or commutation of sentences.", "name": "Scope of power of suspension", "related_acts": "", "section_id": 156 }, { "act_id": 248, "details": "152. (1) Where in addition to any other sentence, the punishment of dismissal has been awarded by a court martial, and such other sentence is suspended under section 144, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 144. (2) If such other sentence is remitted under section 148 the punishment of dismissal shall also be remitted.", "name": "Effect of suspension on dismissal", "related_acts": "", "section_id": 157 }, { "act_id": 248, "details": "153. The following provisions are enacted respecting the disposal of the property of every person subject to this Act, other than an officer, who dies or deserts: - (1)\tThe commanding officer of the corps, unit or detachment to which the deceased person or deserter belonged or the officer commanding a station where the deceased person or deserter left his belongings before moving to field or operational area or before deserting shall secure all the moveable property belonging to the deceased or deserter that is in camp or quarters, and cause an inventory thereof to be made, and draw any pay and allowances due to such person. (2)\tIn the case of a deceased person who has left in a bank (including any post office savings bank, however named) a deposit not exceeding one thousand taka, the commanding officer or the officer commanding the station may, if he thinks fit, require the agent, manager or other proper officer of the bank to pay the deposit to him forthwith, and such agent, manager or other officer shall comply with the requisition notwithstanding anything in the rules of the bank; and after the payment thereof in accordance with such requisition, no person shall have any right in respect of the deposit except as hereinafter provided.  (3)\tIn the case of a deceased person whose representative, widow or next of kin is on the spot and has given security for the payment of regimental or other debts in camp or quarters, if any, of the deceased, the commanding officer or the officer commanding the station shall deliver over any property received under clauses (1) and (2) to that representative, widow or next of kin as the case may be, and shall not further interfere in relation to the property of the deceased. (4)\tIn the case of a deceased person whose estate is not dealt with under clause (3), and in the case of any deserter, the commanding officer or the officer commanding the station shall cause such of the moveable property as does not consist of money to be sold by public auction, and shall pay the regimental and other debts in camp or quarters, if any, and in the case of a deceased person, the expenses of his funeral ceremonies, from the proceeds of the sale and from any pay and allowances drawn under clause (1) and from the amount of the deposit, if any, received under clause (2). (5)\tThe surplus, if any, shall, in the case of a deceased person, be paid to his representative, widow or next of kin, if any, or in the event of no claim to such surplus being established, within twelve months after the death then the same shall be remitted to the prescribed person: Provided that such remission shall not bar the claim of any person to such surplus or any part thereof. (6)\tIn the case of a deserter, the surplus, if any, shall be forthwith remitted to the prescribed person and shall, on the expiry of three years from the date of his desertion, be forfeited to the State unless the deserter shall in the meantime have surrendered or been apprehended. (7)\tThe decision of the commanding officers or the officer commanding the station as to what are the regimental and other debts in camp or quarters of a deceased person or a deserter or as to the amount payable therefor shall be final.", "name": "Property of deceased persons and deserters, other than officers", "related_acts": "", "section_id": 158 }, { "act_id": 248, "details": "154. Property deliverable and money payable to the representative, widow or next of kin of a deceased person under section 153 may, if the total value or amount thereof does not exceed one thousand taka, and if the prescribed person thinks fit, be delivered or paid to any one of them who appears to be entitled to receive it or to administer the estate of the deceased, without requiring the production of any probate, letters of administration, succession certificate or other such conclusive evidence of title.", "name": "Disposal of certain property without production of probate, etc.", "related_acts": "", "section_id": 159 }, { "act_id": 248, "details": "155. Any payment of money or delivery, application, sale or other disposition of any property made, or in good faith purported to be made, by the commanding officer or the officer commanding the station or the prescribed person in pursuance of section 153 or 154 shall be valid and shall be a full discharge to those ordering or making the same and to the Government from all further liability in respect of the property or money, but nothing herein contained shall affect the rights of any executor or administrator or other representative, or of any creditor of a deceased person against any person to whom such delivery or payment has been made.", "name": "Discharge of commanding officer, prescribed person and the Government", "related_acts": "", "section_id": 160 }, { "act_id": 248, "details": "156. The provisions of sections 153 to 155 shall, so far as they can be made applicable, apply in the case of a person subject to the Act, other than an officer who, notwithstanding anything contained in the Lunacy Act, 1912, is ascertained in the prescribed manner to be insane, or who, being on active service, is officially reported missing, as if he had died on the day on which his insanity is so ascertained or, as the case may be, on the day on which he is officially reported missing: Provided that in the case of a person so reported missing no action shall be taken under clauses (2) to (5) of section 153 until he is officially presumed to be dead.", "name": "Application of sections 153 to 155 to lunatics, etc.", "related_acts": "96", "section_id": 161 }, { "act_id": 248, "details": "157. The provisions of sections 158 to 163, inclusive, shall apply to the disposal of the property of officers subject to this Act who die or desert.", "name": "Property of officers", "related_acts": "", "section_id": 162 }, { "act_id": 248, "details": "158. (1) On the death or desertion of an officer, a Committee of Adjustment appointed in this behalf in the manner prescribed (hereinafter referred to as the committee) shall, as soon as may be, subject to the rules made in this behalf under this Act,- (a)\tsecure all moveable property belonging to the deceased or deserter that is in camp or quarters and cause an inventory thereof to be made and ascertain the pay and allowances, if any, due to him; and  (b)\tascertain the amount, and provide for the payment, of the regimental and other debts in camp or quarters, if any, of the deceased or deserter. (2) In the case of a deceased officer whose representative, widow or next of kin has given security to the satisfaction of the committee for the payment of the regimental and other debts in camp or quarters, if any, of the deceased, the committee shall deliver any property received by it under sub-section (1) to that representative, widow or next of kin and shall not further interfere in relation to the property of the deceased. (3) In the case of a deceased officer, the committee, save as may be prescribed, shall, if it appears necessary for the payment of the regimental and other debts in camp or quarters, and the expenses, if any, incurred by the committee, collect all moneys left by the deceased in any bank (including any post office savings bank, however named) and for that purpose may require the agent, manager or other proper officer of the bank to pay the moneys to the committee forthwith, and such agent, manager or other officer shall comply with the requisition notwithstanding anything in any rules of the bank; and when any money has been paid in compliance with the requisition under this sub-section, no person shall have a claim against the bank in respect of such money. (4) In the case of a deceased officer, whose estate has not been dealt with under sub-section (2) and in the case of a deserter, the committee, save as may be prescribed, shall, for the purpose of paying the regimental and other debts in camp or quarters, any may in any other case, sell or convert into money such of the moveable property of the deceased or deserter as does not consist of money. (5) The committee shall, out of the money referred to in sub-sections (3) and (4), pay the regimental and other debts in camp or quarters, if any, of the deceased or deserter and, in the case of a deceased, also the expenses of his last illness and funeral. (6) In the case of a deceased officer the surplus, if any, shall be remitted to the prescribed person. (7) In the case of an officer who is a deserter, the surplus, if any, shall be forthwith remitted to the prescribed person and shall, on the expiry of three years from the date of his desertion, be forfeited to the State, unless the deserter shall in the meantime have surrendered or been apprehended. (8) If, in any case, a doubt or difference arises as to what are the regimental and other debts in camp or quarters of a deceased officer or a deserter or as to the amount payable therefor, the decision of the prescribed person shall be final. (9) For the purposes of the exercise of its duties under this section, the committee shall, to the exclusion of all authorities and persons whomsoever, have the same rights and powers as if it had taken out representation to the deceased, and any receipt given by the committee shall have effect accordingly.", "name": "Powers of Committee of Adjustment", "related_acts": "", "section_id": 163 }, { "act_id": 248, "details": "159. On receipt of the surplus referred to in sub-section (6) of section 158 the prescribed person shall proceed as follows:- (1)\tif he knows of a representative, widow or next of kin of the deceased, he shall pay the surplus to that representative, widow or next of kin; (2)\tif he does not know of any such representative, widow or next of kin he shall publish every year a notice in the prescribed form and manner for six consecutive years. If no claim to the surplus is made by a representative, widow or next of kin of the deceased within six months after the publication of the last of such notices, the prescribed person shall deposit the surplus together with any income or accumulation of income accrued therefrom to the credit of the Government: Provided that such deposit shall not bar the claim of any person to such surplus or any part thereof.", "name": "Disposal of surplus by the prescribed person", "related_acts": "", "section_id": 164 }, { "act_id": 248, "details": "160. Property deliverable and money payable to the representative, widow or next of kin of a deceased officer under section 158 or section 159 may, if the total value thereof does not exceed two thousand taka, and if the prescribed person thinks fit, be delivered or paid to any one of them who appears to him to be entitled to receive it or to administer the estate of the deceased, without requiring the production of any probate, letters of administration, succession certificate or other such conclusive evidence of title.", "name": "Disposal of certain property without production of probate, etc.", "related_acts": "", "section_id": 165 }, { "act_id": 248, "details": "161. Any payment of money or delivery, application, sale or other disposition of any property made, or in good faith purported to be made, by the committee or the prescribed person in pursuance of section 158, section 159 or section 160 shall be valid and shall be a full discharge to those ordering or making the same and to the Government from all further liability in respect of the property or money; but nothing in this section shall affect the rights of any executor or administrator or other representative, or of any creditor of the deceased officer against any person to whom such delivery or payment has been made.", "name": "Discharge of committee, prescribed person and the Government", "related_acts": "", "section_id": 166 }, { "act_id": 248, "details": "162. Any property coming under section 158 into the hands of the committee or the prescribed person shall not, by reason of so coming, be deemed to be assets or effects at the place in which that committee or prescribed person is stationed and it shall not be necessary by reason thereof that representation be taken out in respect of that property for that place.", "name": "Property in the hands of the committee or the prescribed person not to be assets at the place where the committee or the prescribed person is stationed", "related_acts": "", "section_id": 167 }, { "act_id": 248, "details": "163. After the committee has deposited with the prescribed person the surplus of the property of any deceased officer under sub-section (6) of section 158 any representative of the deceased shall, as regards any property not collected by the committee and not forming part of the aforesaid surplus, have the same rights and duties as if section 158 had not been enacted.", "name": "Saving of rights of representative", "related_acts": "", "section_id": 168 }, { "act_id": 248, "details": "164. The provisions of sections 158 to 163 shall so far as they can be made applicable, apply in the case of an officer who, notwithstanding anything contained in the Lunacy Act, 1912, is ascertained in the prescribed manner, to be insane or who, being on active service, is officially reported missing, as if he had died on the day on which his insanity is so ascertained or, as the case may be, on the day on which he is officially reported missing: Provided that, in the case of an office so reported missing, no action shall be taken under sub-sections (2) to (5) of section 158 until such time as he is officially presumed to be dead.", "name": "Applications of sections 158 to 163 to lunatics, etc.", "related_acts": "96", "section_id": 169 }, { "act_id": 248, "details": "165. When an officer dies or deserts while on active service, the references in the foregoing sections of this Chapter to the committee shall be construed as references to the Standing Committee of Adjustment, if any, appointed in this behalf in the manner prescribed.", "name": "Appointment of standing committee of adjustment when officers die or desert while on active service", "related_acts": "", "section_id": 170 }, { "act_id": 248, "details": "166. For the purposes of this Chapter:- (1)\ta person shall be deemed to be a deserter if he without authority has been absent from duty for a period of sixty days and has not subsequently surrendered or been apprehended; (2)\tthe expression “regimental and other debts in camp or quarters” includes money due as military debts, namely, sums due in respect of, or of any advance in respect of- (a)\tquarters; (b)\tmess, band and other regimental accounts; (c)\tmilitary clothing, appointments and equipment, not exceeding a sum equal to six months' pay of the deceased and having become due within eighteen months before his death; (3)\t“representation” includes probate and letters of administration with or without the will annexed, and a succession certificate, constituting a person the executor or administrator of the estate of a deceased person or authorising him to receive or realise the assets of a deceased person; (4)\t“representative” means any person who has taken out representation.", "name": "Interpretations", "related_acts": "", "section_id": 171 }, { "act_id": 248, "details": "167. (1) Any person subject to this Act, other than an officer, who deems himself wronged by any superior or other officer, may, if not attached to a unit, troop or company, complain to the officer under whose command or orders he is serving; and may, if attached to a unit, troop or company, complain to the officer commanding the same. (2) When the officer complained against is the officer to whom any complaint should, under sub-section (1), be preferred the aggrieved person may complain to such officer's next superior officer. (3) Every officer receiving such complaint shall examine into it for giving full redress to the complainant or, when necessary refer it to superior authority. (4) Every such complaint shall be preferred in such manner and through such channels as may from time to time be specified by proper authority. (5) The Government may revise any decision by the Chief of Army Staff under sub-section (2), but otherwise the decision of the Chief of Army Staff shall be final.", "name": "Complaint against officers", "related_acts": "", "section_id": 172 }, { "act_id": 248, "details": "168. Any officer who deems himself wronged by his commanding officer or any superior officer and who, on due application made to his commanding officer, does not receive the redress to which he considers himself entitled, may complain to the Government in such manner and through such channels as may from time to time be specified by proper authority.", "name": "Complaint by officers", "related_acts": "", "section_id": 173 }, { "act_id": 248, "details": "169. (1) No president or member of a court martial, no judge advocate, no party to any proceedings before a court martial, or his legal practitioner or agent, and no witness acting in obedience to a summons or order to attend a court martial shall, while proceeding to, attending, or returning from, a court martial, be liable to arrest under civil or revenue process. (2) If any such person is arrested under any such process, he shall be discharged by order of the court martial.", "name": "Privileges of persons attending courts martial", "related_acts": "", "section_id": 174 }, { "act_id": 248, "details": "170. (1) No person subject to this Act shall, so long as he belongs to the Bangladesh Army, by liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court or revenue officer. (2) The judge of any such court or the said officer shall examine into any complaint made by any such person or his superior officer of the arrest of such person contrary to the provisions of this section, and shall, by warrant under his hand, discharge the person, and award reasonable costs to the complainant, who may recover those costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process. (3) For the recovery of such costs no court fee shall be payable by the complainant.", "name": "Exemption from arrest for debt", "related_acts": "", "section_id": 175 }, { "act_id": 248, "details": "171. Neither the arms, clothes, equipment, accoutrement or necessaries of any person subject to this Act, nor any animal used by him for the discharge of his duty, shall be seized, nor shall the pay and allowances of any such person or any part thereof be attached, by direction of any civil or revenue court or any revenue officer, in satisfaction of any decree or order enforceable against him.", "name": "Property exempted from attachment", "related_acts": "", "section_id": 176 }, { "act_id": 248, "details": "172. Every person belonging to any of the categories of the Reserves of the Bangladesh Army constituted under the 58Army and Air Force Reserves Act, 1950, shall, when called out or engaged upon or returning from, training or service, be entitled to all the privileges accorded by sections 170 and 171 to a person subject to this Act.", "name": "Application of the last two foregoing sections to reservists", "related_acts": "237", "section_id": 177 }, { "act_id": 248, "details": "173. (1) On the presentation to any court by or on behalf of any person subject to this Act of a certificate from the proper authority, that leave of absence has been granted to him or has been applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange as far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of leave so granted or applied for. (2) The certificate from the proper authority shall state the first and the last day of leave or intended leave, and shall set forth a description of the case with respect to which the leave was granted or applied for. (3) No fee shall be payable to the court in respect of the presentation of any such certificate, or in respect of any application by or on behalf of any such person for priority for the hearing of his case. (4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for such inability and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect of the application for such copy or of the copy itself or otherwise. (5) If in any case a question arises as to the proper authority qualified to grant such certificate as aforesaid such question shall be at once referred by the court to the officer commanding the corps or unit concerned, whose decision shall be final.", "name": "Priority of hearing by courts of cases in which persons subject to this Act are concerned", "related_acts": "", "section_id": 178 }, { "act_id": 248, "details": "174. When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a court martial during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial and, if the property is subject to speedy or natural decay, may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.", "name": "Order for custody and disposal of property pending trial in certain cases", "related_acts": "", "section_id": 179 }, { "act_id": 248, "details": "175. (1) After the conclusion of a trial before a court martial, the court or the officer confirming the finding or sentence of such court martial, or any authority superior to such officer, or, in the case of the trial by summary court martial, an officer having power to convene a district court martial, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof or otherwise of any property or document produced before the court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence. (2) Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within Bangladesh or not, be sent to a magistrate in any district in which such property for the time being is, and such magistrate shall thereupon cause the order to be carried into effect as if it was an order passed by such magistrate under the provisions of the Code of Criminal Procedure, 1898. Explanation.- In this section the term “property” includes in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise.", "name": "Order for disposal of property regarding which offence committed", "related_acts": "75", "section_id": 180 }, { "act_id": 248, "details": "59176A. The Government may make regulations for the governance, command, discipline, recruitment, terms and conditions of service, rank, precedence, and administration of the Bangladesh Army and generally for all or any of the purposes of this Act, other than those in respect of which rules have been made under section 176.", "name": "Power to make regulations", "related_acts": "", "section_id": 181 }, { "act_id": 248, "details": "176. (1) The Government may make rules for the purpose of carrying into effect the provisions of this Act. (2) Without prejudice to the generality of the power conferred by sub-section (1), such rules may provide for- (a)\tthe retirement, release, discharge, removal or dismissal from the service of persons subject to this Act; (b)\tthe specification of punishments which may be awarded as field punishments under sections 23 and 61; (c)\tthe assembly and procedure of courts of inquiry the recording of summaries of evidence and the abstracts of evidence and the administration of oaths and affirmations by such courts; (d)\tthe convening and constitution of courts martial; (e)\tthe adjournment, dissolution and sittings of courts martial; (f)\tthe procedure to be observed in trials by courts martial and the qualifications of legal practitioners who appear thereat;  (g)\tthe confirmation, revision and annulment of, and petitions against, the findings and sentences of courts martial; (h)\tthe carrying into effect of sentences of courts martial; (i)\tthe forms and orders to be made under the provisions of this Act relating to courts martial and sentences of death, transportation, rigorous imprisonment or detention; (j)\tthe constitution of authorities to decide for what persons, to what amounts and in what manner provision should be made for dependants under section 71 and the due carrying out of such decisions; (k)\tthe relative rank of, and powers of command to be exercised by, officers, junior commissioned officers, 60* * * petty officers and non-commissioned officers of the Bangladesh Army, Navy and Air Force, when acting together; (l)\tdeductions on account of public and regimental debts from the pay and allowances of persons subject to this Act; and (m)\tany matter in this Act directed to be prescribed. (3) All 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": 182 }, { "act_id": 248, "details": "177. 61***", "name": "Omitted.", "related_acts": "", "section_id": 183 }, { "act_id": 248, "details": "178. 62***", "name": "Omitted.", "related_acts": "", "section_id": 184 }, { "act_id": 248, "details": "179. 63***", "name": "Omitted.", "related_acts": "", "section_id": 185 } ], "text": "An Act to consolidate and amend the law relating to the Bangladesh Army.\t1♣2♦♠ WHEREAS it is expedient to consolidate and amend the law relating to the Bangladesh Army; It is hereby enacted as follows:-" }

{ "id": 249, "lower_text": [ "1 The word “Pakistan” was omitted by section 5(b) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "2 The word “Government” was substituted for the words “Central Government” by section 5(c)(i) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "3 The words “Indian Air Force Act, 1932 or the Pakistan” were omitted by section 5(c)(ii) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।" ], "name": "The Air Force (Extension of Service) Act, 1952", "num_of_sections": 3, "published_date": "9th December, 1952", "related_act": [ 256, 249 ], "repelled": false, "sections": [ { "act_id": 249, "details": "1. (1) This Act may be called the 1* * * Air Force (Extension of Service) Act, 1952. (2) It shall come into force at once.", "name": "Short title and commencement", "related_acts": "249", "section_id": 1 }, { "act_id": 249, "details": "2. Until such date as may be notified in this behalf by the 2Government, any person enrolled for service in the Bangladesh Air Force who, by reason of the expiry of the term for which he was engaged to serve when so enrolled, is no longer liable for service shall, notwithstanding such expiry, continue to be enrolled for service and to be liable for service in the Bangladesh Air Force until he is discharged by the orders of the prescribed officer under the 3* * * Air Force Act, 1953: Provided that the period for which the service of any such person is extended under this Act shall not exceed six years from the day on which his service would otherwise have terminated: Provided further, that for the purpose of this Act any person whose form of enrolment shows that he was enrolled for the duration of the war and for so long thereafter as his services may be required shall be deemed to have been so enrolled for a period of nine years commencing with the date of his original enrolment.", "name": "Extension of service where term of service has expired", "related_acts": "256", "section_id": 2 }, { "act_id": 249, "details": "3. Repeal of Ordinance VIII of 1952.- Omitted by section 2 and the First Schedule of the Repealing and Amending Ordinance, 1965 (Ordinance No. X of 1965).", "name": "Omitted", "related_acts": "", "section_id": 3 } ], "text": "An Act to provide for the retention in service of certain persons enrolled for service in the Bangladesh Air Force. ♣ WHEREAS it is expedient to provide for the retention in service of certain persons enrolled for service in the Bangladesh Air Force; It is hereby enacted as follows:-" }

{ "id": 250, "lower_text": [ "1 Throughout this Act, unless otherwise provided, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Central Government” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) as amended by the Bangladesh Laws (Revision and Declaration) (Second Amendment) Act, 2000 (Act No. XL of 2000)", "2 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "3 Clause (b) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "4 Section 7A was substituted by section 2 of the Essential Services Laws (Amendment) Act, 1974 (Act No. XXXVI of 1974)", "5 The words “an officer” were substituted for the words “a servant of any Government in Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Essential Services (Maintenance) Act, 1952", "num_of_sections": 11, "published_date": "14th December, 1952", "related_act": [ 388, 75, 430, 469, 250 ], "repelled": false, "sections": [ { "act_id": 250, "details": "1. (1) This Act may be called the 2* * * Essential Services (Maintenance) Act, 1952. (2) Omitted by section 2 of the Pakistan Essential Services (Maintenance) (Amendment) Act, 1958, (Act No. IX of 1958). (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "250", "section_id": 1 }, { "act_id": 250, "details": "2. In this Act, unless there is anything repugnant in the subject or context, “employment” includes employment of any nature whether paid or unpaid, and whether in or out of Bangladesh.", "name": "Interpretation", "related_acts": "", "section_id": 2 }, { "act_id": 250, "details": "3. (1) This Act shall apply to every employment under the Government, and, subject to the provisions of sub-section (2), to any employment or class of employment which the Government may, by notification in the official Gazette, declare to be an employment or class of employment to which this Act applies. (2) No declaration under sub-section (1) shall be made in respect of any employment or class of employment unless the Government is of opinion that such employment or class of employment is essential,- (a)\tfor securing the defence or the security of Bangladesh or any part thereof, or 3(b) \tfor the maintenance of such supplies or services which are essential to the life of the community. (3) A declaration under sub-section (1) shall remain in force for a period of six months which the Government may, by notification in the official Gazette, extend for further periods not exceeding six months at any time.", "name": "Employment to which this Act applies", "related_acts": "", "section_id": 3 }, { "act_id": 250, "details": "4. (1) In respect of any employment under the Government and in respect of any employment or class of employment declared under section 3 to be an employment or class of employment to which this Act applies, the Government, or an officer authorised in this behalf by that Government may, by general or special order, direct that any person or persons engaged in such employment shall not depart out of such area or areas as may be specified in such order. (2) An order made under sub-section (1) shall be published in such manner as the Government or the officer making the order considers best calculated to bring it to the notice of the persons affected by the order.", "name": "Power to order persons engaged in certain employments to remain in specified areas", "related_acts": "", "section_id": 4 }, { "act_id": 250, "details": "5. (1) Any person engaged in any employment or class of employment to which this Act applies who- (a)\tdisobeys any lawful order given in the course of such employment, or attempts to persuade any person to disobey any such order or refuses to work, to continue to work, whether or not acting in combination with, or under a common understanding of, any other person engaged in such employment, or (b)\twithout reasonable excuse abandons such employment or absents himself from work, or  (c)\tdeparts from any area specified in an order under sub-section (1) of section 4 without the consent of the authority making that order, and any employer of a person engaged in an employment or class of employment declared under section 3 to be an employment or class of employment to which this Act applies, who without reasonable excuse- (i)\tdiscontinues the employment of such person, or (ii) \tby closing an establishment in which such person is engaged, causes the discontinuance of his employment, is guilty of an offence under this Act. Explanation 1.- The fact that a person apprehends that by continuing in his employment he will be exposed to increased physical danger is not a reasonable excuse within the meaning of clause (b). Explanation 2.- A person abandons his employment within the meaning of clause (b) who, notwithstanding that it is an express or implied term of his contract of employment that he may terminate his employment on giving notice to his employer of his intention to do so, so terminates his employment without the previous consent of his employer. (2) Whoever instigates or incites any person engaged in any employment or class of employment to which this Act applies to commit an offence under this Act, or knowingly expends or supplies any money or otherwise acts in furtherance of the commission of such an offence, shall be deemed to have committed that offence.", "name": "Offences", "related_acts": "", "section_id": 5 }, { "act_id": 250, "details": "6. Regulation of wages and conditions of service.- Omitted by section 2 of the Essential Services Laws (Amendment) Act, 1974, (Act No. XXXVI of 1974).", "name": "Omitted.", "related_acts": "469", "section_id": 6 }, { "act_id": 250, "details": "47A. The provisions of this Act shall have effect notwithstanding anything to the contrary contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), or any other law for the time being in force.", "name": "Overriding power of the Act", "related_acts": "", "section_id": 7 }, { "act_id": 250, "details": "7. (1) Any person found guilty of an offence under this Act shall be punishable with imprisonment for a term which may extend to one year and shall also be liable to a fine.\t(2) Where the person accused of an offence under this Act is a Company or other body corporate, every director, manager, secretary or other officer thereof shall, unless he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of the offence, be liable to the punishment provided for the offence. (3) No court shall take cognizance of any offence under this Act except upon complaint in writing made by 5an officer authorised in this behalf by the Government. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under this Act shall be cognizable. (5) Notwithstanding anything contained in the Code of Criminal Procedure, 1898,- (a)\tno Magistrate other than a Magistrate of the first class shall try an offence under this Act; and (b)\ta Magistrate trying an offence under this Act shall have power to try such offence summarily in accordance with the procedure laid down for summary trial in the said Code.", "name": "Penalties and procedure", "related_acts": "75,75", "section_id": 8 }, { "act_id": 250, "details": "8. 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 the rules made thereunder.", "name": "Bar on legal proceedings", "related_acts": "", "section_id": 9 }, { "act_id": 250, "details": "9. Nothing contained in this Act or in any declaration or order made thereunder shall have effect in derogation of any provision of law which is or may be for the time being in force imposing upon a person engaged in an employment or class of employment to which this Act applies any liability to be called up for national service or to undertake employment in the national service.", "name": "Saving of effect of laws imposing liability to national service", "related_acts": "", "section_id": 10 }, { "act_id": 250, "details": "10. (1) The Essential Services (Maintenance) Ordinance, 1941, is hereby repealed. (2) Notwithstanding such repeal, any order passed or any notification issued or anything done or any action taken or any proceedings commenced under any of the provisions of the aforesaid Ordinance, in so far as such provisions were in force immediately before the commencement of this Act, shall continue in force and be deemed to have been passed, issued, done, taken or commenced, as the case may be, under the corresponding provision of this Act, as if this Act had been in force on the day on which such order was passed, notification issued, thing done, action taken or proceedings commenced.", "name": "Repeal of Ordinance XI of 1941 and savings", "related_acts": "", "section_id": 11 } ], "text": "An Act to provide for the maintenance of certain essential services. 1♣ WHEREAS it is expedient to make provision for the maintenance of certain essential services; It is hereby enacted as follows:-" }

{ "id": 251, "lower_text": [ "1 Throughout this Act, unless otherwise provided, 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 “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "3 The words “Control of Entry” were substituted for the brackets and words “(Control of Entry)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "4 Clause (d) was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "5 The words “or of a Provincial Government or of an 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)", "6 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)", "7 The words and figure “the provision of section 3 shall” were substituted for the words and commas “any of the provisions of section 3 shall, for every such contravention,” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "8 The words “or of claiming an exemption under any of the provisions of this Act or of the rules made thereunder” 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 words “or of a Provincial Government or of the Government of an 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)", "10 The words “the provision” were substituted for the words “any of the provisions” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "11 The commas and words “, or, when the arrest is made in a State, of the corresponding law for the time being in force in that State,” 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 words “or the Provincial Government or the Government of the State concerned” 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 Control of Entry Act, 1952", "num_of_sections": 11, "published_date": "14th December, 1952", "related_act": [ 75, 388, 430 ], "repelled": false, "sections": [ { "act_id": 251, "details": "1. (1) This Act may be called the 2* * * 3Control of Entry Act, 1952. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 251, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“enter” means enter by water, land or air; (b)\t“passport” means a passport issued or renewed by or under the authority of a person duly empowered to issue or renew it and satisfying the conditions prescribed relating to the class of passports to which it belongs; (c)\t“visa” means a visa duly endorsed by an authority empowered in this behalf by or under the authority of the Government on a passport valid and in force; 4* * * (e)\t“Indian citizen” means a person who is or is deemed to be a citizen of India under the law for the time being in force in India; (f) \t“Bangladesh citizen” means a person who is or is deemed to be a citizen of Bangladesh under the law for the time being in force in Bangladesh; (g)\t“officer” means an officer or an employee of the Government 5* * *.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 251, "details": "63. No Indian citizen shall enter any part of Bangladesh unless he is in possession of a passport with a visa authorising the entry.", "name": "Control of entry", "related_acts": "", "section_id": 3 }, { "act_id": 251, "details": "4. Whoever contravenes 7the provision of section 3 shall be punished with imprisonment which may extend to one year, or with a fine which may extend to one thousand Taka, or with both.", "name": "Penalty", "related_acts": "", "section_id": 4 }, { "act_id": 251, "details": "5. Any person who for the purpose of obtaining a passport or a visa 8* * * makes a statement which he knows to be untrue or does not believe to be true, or makes use of a statement which he knows to be untrue or has reason to believe to be untrue shall be punished with imprisonment which may extend to one year or with a fine which may extend to one thousand Taka or with both.", "name": "False information", "related_acts": "", "section_id": 5 }, { "act_id": 251, "details": "6. (1) Any police officer, customs officer, or other officer empowered in this behalf by a general or special order of the Government 9* * * or under a rule made under this Act, may arrest without a warrant any person whom such officer reasonably suspects of having contravened 10the provision of section 3. (2) An officer making an arrest under this section shall, without unnecessary delay, take the person arrested or cause him to be taken before a competent Magistrate having jurisdiction in the place where the arrest is made, or to the officer-in-charge of a police station within whose jurisdiction the arrest is made; and the provisions of the Code of Criminal Procedure, 1898 11* * * shall, so far as may be, apply in respect of such arrested person.", "name": "Power to arrest", "related_acts": "75", "section_id": 6 }, { "act_id": 251, "details": "7. (1) The Government may order any person who is not a citizen of Bangladesh convicted under section 4 or section 5 to remove himself from Bangladesh within the time specified in the order. (2) If such person refuses or fails so to remove himself within the specified time,- (a)\the shall be punished with imprisonment which may extend to one year or with a fine which may extend to one thousand Taka or with both, and (b)\the may be removed from Bangladesh under the order of the Government, who may use all such means as may, in the circumstances, be necessary to effect the removal. (3) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).", "name": "Power to remove from Bangladesh", "related_acts": "430", "section_id": 7 }, { "act_id": 251, "details": "8. (1) The Government may, by notification in the official Gazette, make rules to carry into effect the purposes of this Act. (2) Without prejudice to the generality of the foregoing power, the rules may provide for,- (a)\tthe different types of visas which may be granted; (b)\tthe authorisation or appointment of persons by whom visas may be granted, varied, extended and cancelled; (c)\tthe charges and fees payable for obtaining application forms and visas and the extension of visas; (d)\tthe conditions and restrictions which may be imposed under this Act on the holder of a passport; (e)\tthe exemptions which may be granted, with or without conditions, to any person or class of persons in respect of any provision of this Act or the rules made thereunder; (f)\tthe conditions and restrictions which Indian citizens may be required to comply with; (g)\tthe alteration or modification of or exemption from any condition or restriction imposed under a visa on the holder of a passport after his entry into Bangladesh; (h)\tthe fixing and notification of check-posts and routes; and (i) \tthe procedure for registering and reporting to the police required under the rules for certain categories of visa holders. (3) Rules made under this section may provide that any contravention thereof or of any order issued thereunder 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.", "name": "Power to make rules", "related_acts": "", "section_id": 8 }, { "act_id": 251, "details": "9. The Government may by order direct that any power conferred on it under this Act may in such circumstances and under such conditions, if any, as may be specified in the order, be exercised by any officer or authority subordinate to it or specified by it.", "name": "Delegation of powers", "related_acts": "", "section_id": 9 }, { "act_id": 251, "details": "10. No prosecution, suit or other legal proceeding shall be commenced against any person in respect of anything done or purporting to be done in exercise of the powers conferred by or under this Act, except with the sanction of the Government 12* * *.", "name": "Protection of persons acting under this Act", "related_acts": "", "section_id": 10 }, { "act_id": 251, "details": "11. Repeal of Ordinance X of 1952 and savings.- 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": 11 } ], "text": "An Act to make better provision for controlling the entry of Indian citizens into Bangladesh. 1♣ WHEREAS it is expedient to make better provision for controlling the entry of Indian citizens into Bangladesh; It is hereby enacted as follows:-" }

{ "id": 252, "lower_text": [ "1 Throughout this Act, unless otherwise provided, 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 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 Passport (Offences) Act, 1952", "num_of_sections": 3, "published_date": "14th December, 1952", "related_act": [ 252, 430 ], "repelled": false, "sections": [ { "act_id": 252, "details": "1. (1) This Act may be called the Passport (Offences) Act, 1952. (2) It extends to the whole of Bangladesh and also applies to all citizens of Bangladesh wherever they may be. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "252", "section_id": 1 }, { "act_id": 252, "details": "2. In this Act the word “passport” means and includes any permit, visa or other travel document authorising the holder thereof to travel from Bangladesh to any other country, or from any other country to Bangladesh.", "name": "Definition", "related_acts": "", "section_id": 2 }, { "act_id": 252, "details": "3. (1) Any person who,- (a)\tmakes, attests or verifies any statement which he does not know or believe to be true in any document which he knows or has reason to think will be used for obtaining a passport; or (b)\tmakes use of any statement which he knows or has reason to think to be untrue in any document for obtaining a passport; or  (c)\twilfully conceals any fact which under the circumstances he ought to disclose for the purpose of obtaining a passport for himself or another person; or (d)\tforges, alters or tampers with any passport or with any document which he knows or has reason to believe will be used for obtaining a passport; or (e)\tuses a passport which he knows or has reason to believe to be forged, altered, or tampered with; or (f)\tis in wrongful possession for any purpose prejudicial to the interests of the State of a passport not lawfully issued to him; or (g)\ttraffics in passports; shall be punished with imprisonment which may extend to two years or with a fine, or with both. Explanation.- A person who bona fide works for an applicant for a passport at the desire of the applicant though it may be for a gain does not traffic in passports within the meaning of this section. 2(2) No Court shall take cognizance of any offence under this section except with the previous sanction in writing of the Government.", "name": "Penalties for certain offences relating to passport", "related_acts": "", "section_id": 3 } ], "text": "An Act to introduce legislation declaring forgery of a passport or a false statement in an application for a passport to be punishable offences. 1♣ WHEREAS it is expedient to make more effective provision for the prevention of certain offences relating to passports and other travel documents; It is hereby enacted as follows:-" }

{ "id": 253, "lower_text": [ "1 Throughout this Act, the word “Bangladesh” was substituted for the words “East Pakistan” by Article 5 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 The word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "3 The word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "4 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The Embankment and Drainage Act, 1952 (East Bengal Act)", "num_of_sections": 74, "published_date": "7th January, 1953", "related_act": [ 388, 75, 86, 185, 186, 187, 188, 189, 190, 191 ], "repelled": false, "sections": [ { "act_id": 253, "details": "1. (1) This Act may be called the 2* * * Embankment and Drainage Act, 1952. (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": 253, "details": "2. The enactments mentioned in the Schedule C to this Act shall be repealed to the extent mentioned in column 4 of that Schedule.", "name": "Repeal of former Acts", "related_acts": "", "section_id": 2 }, { "act_id": 253, "details": "3. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Authority” means East Pakistan Water and Power Development Authority established under section 3 of the East Pakistan Water and Power Development Authority Ordinance, 1958; (b)\t“Deputy Commissioner” means the Chief Officer in-charge of revenue administration of a district and such other person as may be specially appointed by the Government to perform the functions of a Deputy Commissioner under this Act; (c)\t“embankment” includes every bank, dam, wall and dyke made or used for excluding water from or for retaining water upon any land; every sluice, spur, groyne, training wall, berm or other work annexed to, or portion of, any such embankment, every ban, dam, dyke, wall, groyne or spur made or executed for the protection of any such embankment or of any land from erosion or overflow by or of rivers, tides, waves or waters; and also all buildings, intended for purposes of inspection and supervision, but does not include any ail or ridge surrounding or dividing a field or any public or private road; (d)\t“Engineer” means the Engineer in-charge of a Division under Water Wing of the Authority or any Engineer specially appointed to perform the functions of an Engineer under this Act; (e)\t“land” includes interests in land and benefits arising out of land, and things attached to the earth or permanently fastened to anything attached to the earth; (f)\t“owner”, used in relation to a land, means a person who has a right, title or interest in that land, and is either in actual possession of it or has an immediate right to actual possession thereof, and include his trustee, heirs, assigns, transferees and legal representatives, but does not include a person who, under the system generally known as adhi, barga or bhag, cultivates such land:  Provided that where any person is, under the terms of any contract between him and the Government or the Authority, liable to do any act or execute any work specified in Part II of this Act, for the benefit of any area, such person shall be deemed to be the owner in relation to any land in such area and shall be deemed to be in possession of such land; (g) \t“prescribed” means prescribed by rules made under this Act; (h)\t“public embankment” means an embankment vested in or maintained by the Government or the Authority; (i)\t“public water-course” means a water-course vested in or under the charge of the Government or the Authority; and (j) \t“water-course” includes a line of drainage, weir, culvert, pipe or other channel, whether natural or artificial, for the passage of water.", "name": "Definitions", "related_acts": "", "section_id": 3 }, { "act_id": 253, "details": "4. (1) Every embankment, water-course and embanked tow-path maintained by the Government or the Authority, and all land, earth, pathways, gates, berms and hedges belonging to or forming part of, or standing on, any such embankment or water-course shall vest in the Government or the Authority, as the case may be. (2) The embankments mentioned in Schedule A to this Act and every embankment and water course which may be restored to or included in such Schedule under section 37 or section 38 of this Act, and every embanked tow path as aforesaid, shall be held on behalf of the Government or the Authority; and all other public embankments and water courses shall, subject to the provision of section 65, be held by the Government or the Authority on behalf of the persons interested in the lands to be protected or benefited by such embankments or water courses, and all moneys received on account of such lands shall be credited to the cost of the construction and maintenance of such embankments and water courses respectively.", "name": "Vesting of public embankments, water-course, etc., in Government or Authority", "related_acts": "", "section_id": 4 }, { "act_id": 253, "details": "5. Except as otherwise provided in this Act, all plots or parcels of land which, before the commencement of this Act, have been used for the purpose of obtaining earth or other materials for the repair of any public embankment, water-course or embanked tow-path as aforesaid, or which by agreement have been substituted for such lands, shall be deemed to be at the disposal of the Government or the Authority for such purpose, without payment of compensation for the use or removal of such earth or other materials. The Engineer may cause all such plots or parcels of land to be ascertained, surveyed and demarcated.", "name": "Lands used for obtaining earth, etc., to be at the disposal of Government or Authority and survey thereof", "related_acts": "", "section_id": 5 }, { "act_id": 253, "details": "6. The Government may, from time to time, by notification in the official Gazette, declare the limits of any tract within which the provisions of clause (b) of sub-section (1) of section 56 shall take effect. As soon as possible after the said notification, the Engineer shall cause a translation of the notification in the vernacular to be published in the prescribed manner; and the said provisions shall take effect one month after the publication of such translation.", "name": "Notification", "related_acts": "", "section_id": 6 }, { "act_id": 253, "details": "7. Subject to the provisions of Part III, whenever it shall appear to the Engineer that any of the following acts should be done or works (including any work of repair) executed, that is to say: (1) that any embankment which connects public embankments, or forms by junction with them part of a line of embankments, or that any embankment or water course which is necessary for the protection or drainage of the neighbouring areas, should be taken charge of and maintained by the Government or the Authority; (2) that any embankment which connects public embankments or forms by junction with them part of a line of embankments or is necessary for the protection of the neighbouring areas, should be repaired;  (3) that any embankment, or any obstruction of any kind, which endangers the stability of a public embankment or the safety of any town or village, or which is likely to cause loss of property by interfering with any water course or with the general drainage or the flood drainage of any tract of land, should be removed or altered; (4) that the line of any public embankment should be changed or lengthened, or that any public embankment should be renewed, or that a new embankment should be constructed in place of any public embankment, or that any embankment should be constructed for the protection of any lands or for the improvement of any water-course, or that a sluice in any public embankment should be made; (5) that any sluice or water course should be made, or that any water course should be altered for the improvement of the public health, or for the protection of any village or cultivable land; (6) that any road which interferes with the drainage of any tract of land should be altered, or that any water course under or through such road should be constructed; he shall prepare or cause to be prepared estimates of the cost of such works, including such proportion of the establishment charges as may be chargeable to the works in accordance with the prescribed rules or as may be specially directed by the Government or the Authority, together with such plans and specifications of the same as may be required. He shall also prepare or cause to be prepared from the survey map of the district, a map showing the boundaries of the lands likely to be benefited or affected by the said acts and works, and he shall issue a general notice of his intention to execute or cause to be executed such works.", "name": "Powers of the Engineer", "related_acts": "", "section_id": 7 }, { "act_id": 253, "details": "8. Such general notice shall be in the prescribed form stating, as far as possible, the prescribed particulars of all lands which are likely to be affected by the proposed work and to be chargeable in respect of the expenses of executing the same and shall be published in the prescribed manner. A copy of the said estimates, specifications and plans together with a copy of the maps aforesaid, shall be deposited in the office of the Engineer and shall be open to the inspection of any person interested who shall be allowed to take copies thereof and to file objections, if any, against the execution of the proposed work, within thirty days from the date of the publication of such notice.", "name": "General notice and filing of objection", "related_acts": "", "section_id": 8 }, { "act_id": 253, "details": "9. The Engineer shall, on the day appointed for the hearing, or on any subsequent day to which the hearing may be adjourned, hold an enquiry and hear the objections of any persons who may appear, recording such evidence as may be necessary.", "name": "Hearing of objection", "related_acts": "", "section_id": 9 }, { "act_id": 253, "details": "10. (1) After holding such inquiry, the Engineer shall proceed as follows, that is to say, (a)\tif he considers that the proposed act or work or any modification of the same should not be done or executed, or (b)\tif he considers that the proposed act or work or any modification of the same should be done or executed, he shall record his decision to that effect and submit a report to the Project Director of the Authority to whom he is subordinate. (2) The decision of the Engineer under clause (a) or clause (b) of sub section (1) shall be announced in the prescribed manner.", "name": "Order after inquiry", "related_acts": "", "section_id": 10 }, { "act_id": 253, "details": "11. Any person aggrieved by a decision of the Engineer under section 10 may, within thirty days from the date of its announcement, prefer an appeal to the Project Director of the Authority to whom the Engineer is subordinate. After the expiry of the said period, the Project Director of the Authority shall proceed to consider the report and the appeal, if any, and after making such further inquiry, as he may deem necessary, may record an order confirming, modifying or reversing the Engineer's decision and shall, as soon as possible, forward the report submitted by the Engineer, together with his remarks or order on appeal, if any, for the consideration of the Government or the Authority.", "name": "Appeal from order of the Engineer", "related_acts": "", "section_id": 11 }, { "act_id": 253, "details": "12. On receipt of such report, Government or the Authority shall proceed to consider the same and shall pass such orders as it deems appropriate. Every order that the proposed work, or any modification thereof, be done or executed shall be notified by the Government in the official Gazette.", "name": "Order of the Government", "related_acts": "", "section_id": 12 }, { "act_id": 253, "details": "13. Notwithstanding anything contained in this Part, the Government or the Authority may, by a special order passed in respect of any act or work specified in section 7, or by a general order in respect of any class of such acts or works, authorise the Engineer to pass, after such enquiry as is prescribed in section 9, an order that such act or work or any modification thereof may be done or executed without previous reference to any superior authority; or the Government or the Authority may authorise the Project Director of the Authority to pass such order without previous reference to any superior authority: Provided that every such order passed under the authorisation of the Government or the Authority, as the case may be, shall be subject to the provisions of section 67.", "name": "Special power conferable by Government", "related_acts": "", "section_id": 13 }, { "act_id": 253, "details": "14. (1) Whenever an order shall have been passed in cases falling under clause (6) of section 7 directing that any road owned by a local authority, which interferes with the drainage of any tract of land, be altered, or that any water-course be constructed under or through such road, the Engineer may require such authority to make such alteration or construct such water course, and in the events of its failing to comply with such requisition in such manner and within such time as the Engineer may prescribe, the Engineer may cause the road to be altered or the water course to be constructed by the officers of the Government or the Authority. (2) The expenses of such alteration or construction shall be borne by the local authority concerned so far as the same shall have been incurred on account of insufficient provisions having been made at the time of the construction of the said road for the natural drainage then existing, and the remainder of the expense, if any, shall be charged upon, and recovered from the owners of the lands benefited, in accordance with the provisions of this Act. If any dispute arises as to the apportionment of expenses under this clause between such authority and the owners of the lands benefited, the dispute shall be decided by the Government or the Authority, whose decision shall be final.", "name": "Alteration of road, etc., interfering with drainage", "related_acts": "", "section_id": 14 }, { "act_id": 253, "details": "15. (1) (a) If any person desires that a bridge, culvert, syphon or sluice be made in any public embankment for the purpose of drainage, or (b)\tif, within any area which has been included in a notification under section 6, any person desires that any new embankment be erected, that any existing embankment be lengthened, enlarged, repaired or removed, or that the line of any embankment be altered, or that any new water-course be made, or that any water course be obstructed or diverted, he may make an application in writing to the Engineer. (2) The application shall contain such particulars of the lands likely to be benefited or affected by the work as may enable the engineer to judge of the advantage which may be derived from the project. (3) If it should appear to the Engineer that the work applied for is one which may be executed with advantage, the procedure mentioned in the 7th and following sections of this Act shall be followed in respect of the proposed work.", "name": "Application for construction of sluice embankment, water courses, etc.", "related_acts": "", "section_id": 15 }, { "act_id": 253, "details": "16. Whenever the Engineer shall be of opinion that the removal of any trees, houses, huts or other buildings, situated between a public embankment and the river, is necessary, or that land is required for widening an existing embanked tow path, or for construction of a new embanked tow-path, he shall make a report to that effect to the Deputy Commissioner of the District concerned, accompanied by a detailed statement of the trees, houses, huts or other buildings to be removed or of the land required. The Deputy Commissioner shall submit such report to the Government or the Authority through the Commissioner of the Division in order that proceedings may be taken for obtaining possession of such trees, houses, huts and buildings or land in accordance with the provisions of the Land Acquisition Act, 1894, or other law for the time being in force for the acquisition of land for public purposes.", "name": "Power of removal of houses, trees, etc.", "related_acts": "", "section_id": 16 }, { "act_id": 253, "details": "17. If any works proposed to be undertaken in accordance with this Act, or the lands which are likely to be benefited or affected by such works, are situated within the limits of different Divisions under the Water Wing of the Authority, the Engineer of any Division within which any portion of such works or land is situated may apply to the Project Director of the Authority of the Circle concerned for authority to proceed in such matter; and the Project Director of the Authority of the Circle, with the concurrence of any other Project Director of the Authority within whose Circle any such lands are situated, may give authority to such Engineer, or to any other Engineer within whose Division any portion of such lands is situated, to carry out all or any proceedings under this Act in respect of all the lands benefited or affected by such works.", "name": "Procedure where land likely to be benefited or affected are in different areas", "related_acts": "", "section_id": 17 }, { "act_id": 253, "details": "18. The Engineer may make any repairs in, and may do all acts necessary and proper for the maintenance of, any public embankment, public water course or any other work executed or taken charge of under the provisions of this Act or of any previous similar Act.", "name": "Power to make repairs", "related_acts": "", "section_id": 18 }, { "act_id": 253, "details": "19. (1) Whenever any person desires that a temporary road-way should be made over, or that temporary water course should be made through, any public embankment, or that a temporary dam should be constructed in any embanked river or public water course, he shall apply to the Engineer or to any person appointed in that behalf by the Engineers. (2) Such Engineer or person shall communicate the application with his opinion to the Project Director of the Authority of the area concerned and shall await the Project Director of the Authority order in respect thereof, unless he thinks that there is special reason for the immediate \texecution of the work, in which case he may execute the same or cause it to be executed without waiting for the orders of the Project Director of the Authority. (3) The proposed work shall be executed by an officer of the Government or the Authority on the applicant's depositing the amount estimated by the Engineer to be necessary to defray the expenses of, and incidental to, making and removing such road way, or of, and incidental to, making, closing or removing such water course or dam. If the amount deposited is found afterwards to exceed the amount required, such excess shall be returned to the said applicant.", "name": "Construction of temporary dam, road-way or water courses", "related_acts": "", "section_id": 19 }, { "act_id": 253, "details": "20. Sluices constructed in any public embankment shall be opened or shut only by or with the general or special permission of the Engineer or of the officer in the immediate charge of the embankment, under such orders, either general or special, as he may receive from the Engineer.", "name": "Opening and shutting of sluices", "related_acts": "", "section_id": 20 }, { "act_id": 253, "details": "21. (1) It shall be lawful for the Engineer, or any person whom he may authorise in writing in that behalf, in order to carry out any of the purposes of this Act, to enter upon and survey, and take levels of any land; to dig or bore into the sub soil; to do all other acts necessary to ascertain whether the land is adapted to the purpose projected by such Engineer; to set out the boundaries of the land proposed to be taken and the intended line of the work proposed to be made thereon; to mark such levels, boundaries and line, by placing marks and cutting trenches; and, where otherwise the survey cannot be completed or the levels taken, to cut down and clear away any part of any standing crop, fence or jungle: Provided that the Engineer or such person shall not enter into any building or upon any enclosed courtyard or garden attached to a dwelling house without previously giving the occupier thereof at least seven days' notice in writing of his intention to do so, except with the written consent of such occupier. (2) The Engineer or other person so authorised shall, at the time of such entry, tender payment for all necessary damage to be done as aforesaid, and in case of dispute as to the sufficiency of the amount so tendered, he shall at once refer the dispute to the Deputy Commissioner whose decision thereon shall be final.", "name": "Power to enter into and survey lands", "related_acts": "", "section_id": 21 }, { "act_id": 253, "details": "22. Whenever it is deemed requisite to repair any embankment or water course, or embanked tow path maintained by the Government or the Authority, it shall be lawful for the Engineer, or any person authorised in writing in that behalf, to enter in and upon the lands mentioned in section 5, and to take possession of, appropriate and remove any earth or other material from such lands, and to use the same for the purposes of such repairs.", "name": "Power to take earth, etc., from land", "related_acts": "", "section_id": 22 }, { "act_id": 253, "details": "23. When any such land is rendered permanently unfit for cultivation by any such act as aforesaid, the Government shall, upon application for that purpose made by the owner thereof, acquire such lands under the provisions of the Land Acquisition Act, 1894, or other law for the time being in force for the acquisition of land for public purposes.", "name": "Lands rendered unfit for cultivation", "related_acts": "", "section_id": 23 }, { "act_id": 253, "details": "24. Whenever the Engineer shall be of opinion that any delay in the execution of any act or work specified in section 7 would be attended with grave danger to life or property, he may forthwith execute or cause to be executed such act or work: Provided that he shall without delay prepare or cause to be prepared the estimates, specifications and plans of such act or work together with a copy of the map as provided in section 7, and shall cause general notice to be given that the act or work mentioned therein has already been commenced; and thereupon such proceedings and inquiries shall be had as in and by Part II of this Act are directed.", "name": "Proceedings in emergencies", "related_acts": "", "section_id": 24 }, { "act_id": 253, "details": "25. Whenever it may have been determined in the final order to be passed on any such enquiry that anything done by the Engineer under the last preceding section was unnecessary, any person who shall have sustained damage by the execution of such works shall receive compensation from the Government or the Authority to be assessed according to the provisions contained in Part IV of this Act; and, on receipt of any application to that effect by the Engineer from any person so affected, the land or the embankments or drainage shall, so far as any alteration thereof shall appear to have been unnecessary, be, at the expense of the Government or the Authority, restored as nearly as possible to the state in which they were when the Engineer commenced to act under the provisions of this Part.", "name": "Restoration of land, etc.", "related_acts": "", "section_id": 25 }, { "act_id": 253, "details": "26. If any portion of the land likely to be affected by any work to be undertaken under this Part lies within another Division under the Water Wing of the Authority, the Engineer who causes the work to be executed shall, when commencing upon it, give notice of the same to the Engineer of such other Division under the Water Wing of the Authority; and the provisions of section 17 shall be applicable to all proceedings connected with the work and the cost thereof.", "name": "Proceedings in case of lands in different Divisions under Water Wing of Authority", "related_acts": "", "section_id": 26 }, { "act_id": 253, "details": "27. Whenever, in the course of proceedings under this Act, save as hereinafter provided, it appears that land is required for any of the purposes thereof, proceedings shall be forthwith taken for the acquisition of such land in accordance with the provisions of the Land Acquisition Act, 1894, or other law for the time being in force for the acquisition of land for public purposes.", "name": "Acquisition of land", "related_acts": "", "section_id": 27 }, { "act_id": 253, "details": "28. Subject to the provisions of section 5, whenever any land other than land required or taken by the Engineer, or any right of fishery, right of drainage, right to the use of water or other right of property, shall have been injuriously affected by any act done or any work executed under the due exercise of the powers or provisions of this Act, the \tperson in whom such property or right is vested may prefer a claim by petition to the Deputy Commissioner for compensation: Provided that the refusal to execute any work for which application is made shall not be deemed to be an act on account of which a claim for compensation\t can be preferred under this section.", "name": "Compensation for damages", "related_acts": "", "section_id": 28 }, { "act_id": 253, "details": "29. No claim under the last preceding section shall be entertained which shall be made later than two years next after the completion of the work by which such right is injuriously affected.", "name": "Limitation to claims or damages", "related_acts": "", "section_id": 29 }, { "act_id": 253, "details": "30. When any such claim is made, proceedings shall be taken for determining the amount of compensation, if any, which should he made and the person to whom the same should be payable, as far as possible, in accordance with the provisions of the Land Acquisition Act, 1894, or other law for the time being in force for the acquisition of land for public purposes.", "name": "Procedure for compensation", "related_acts": "", "section_id": 30 }, { "act_id": 253, "details": "31. In every such case which is referred to the judge and assessors or to arbitrators for the purpose of determining whether any, and if so, what amount of compensation should be awarded, the judge and assessors or the arbitrators- (i)\tshall take into consideration- (a)\tthe market value of the property or right injuriously affected at the time when the act was done or the work executed, (b) \tthe damage sustained by the claimant by reason of such act or work injuriously affecting the property or right, (c)\tthe consequent diminution of the market value of the property or right injuriously affected when the act was done or the work executed, and (d)\twhether 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; but (ii)\tshall not take into consideration- (a)\tthe degree of urgency which has led to the act or work being done or executed, and (b)\tany 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 and not to be considered in determining compensation", "related_acts": "", "section_id": 31 }, { "act_id": 253, "details": "32. Notwithstanding anything contained in any other law for the time being in force, whenever any land or earth from any land is required for the purposes of any works commenced in pursuance of the provisions of section 24 or for the purposes of section 18 in cases where the Deputy Commissioner shall be of opinion that proceedings for the acquisition of such land, according to the provisions of section 27, would cause delay, he shall cause a proclamation to be issued in the prescribed form giving notice thereof at convenient places in the locality in which such land is situated, whereupon the land shall, subject to the claims for compensation, vest absolutely in the Government or the Authority, free from all encumbrances. The Deputy Commissioner may take actual possession of the land as soon as it so vests in the Government or the Authority.", "name": "Acquisition of land in emergency", "related_acts": "", "section_id": 32 }, { "act_id": 253, "details": "33. Whenever any land vests in the Government or the Authority under the provisions of the next preceding section, the Deputy Commissioner shall cause a general notice to be issued in the prescribed form at convenient places on or near the land so vested, stating that the Government or the Authority shall take possession of the land, and that claims to compensation for all interests in such lands shall be made to him.", "name": "Claims for compensation in case of acquisition of lands in emergency", "related_acts": "", "section_id": 33 }, { "act_id": 253, "details": "34. The Deputy Commissioner shall also serve notice to the same effect on the occupier (if any) of such land, and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside, or have agents authorised to receive service on their behalf, within the revenue districts in which the land is situated.", "name": "Service of special notice", "related_acts": "", "section_id": 34 }, { "act_id": 253, "details": "35. After service of such notices, proceedings shall be had and taken to determine the amount of compensation to be payable in respect of such land, in accordance with the provisions of the Land Acquisition Act, 1894, or any other law for the time being in force for the acquisition of land for public purposes.", "name": "Determination of compensation for acquisition of land in emergency", "related_acts": "", "section_id": 35 }, { "act_id": 253, "details": "36. (1) The provisions of section 39 and the remaining sections of this Part following it shall not apply- (i) \tto any embankment mentioned in Schedule A to this Act; or (ii)\tto any embankment or water course which may, under the proviso to section 37, be restored to, or, under section 38, be included in such Schedule save so far as any works or repairs are to be done or executed therein or in relation thereto under the provisions of section 15 or of section 19; or  (iii)\tto any of such embankments as may hereafter be erected for the protection of lands which, at the commencement of this Act, are protected by the embankments mentioned in the aforesaid Schedule, save so far as the erection of such embankment may protect lands not protected by embankments mentioned in the aforesaid Schedule. (2) All sums payable in respect of any works or repairs executed in or in relation to the embankments or water-course included in the aforesaid Schedule, except under the provisions of section 15 or of section 19, shall be paid by the Government.", "name": "Embankment in Schedule A", "related_acts": "", "section_id": 36 }, { "act_id": 253, "details": "37. If the Government is satisfied, after such enquiry as it may think proper, that it is no more necessary for the public interest to retain any embankment mentioned in Schedule A or any embankment or water-course included therein under the next succeeding section, it may, by notification in the official Gazette, exclude the same from the said Schedule: Provided that the Government may, if it is subsequently considered necessary, restore the same to the aforesaid Schedule.", "name": "Exclusion from Schedule A", "related_acts": "", "section_id": 37 }, { "act_id": 253, "details": "38. The Government may, by notification in the official Gazette, direct that any embankment not included in Schedule A, or any water course, be included therein.", "name": "Addition to Schedule A", "related_acts": "", "section_id": 38 }, { "act_id": 253, "details": "39. Subject to the provisions of Part III, before the Engineer undertakes the execution of any repairs under section 18 or of any work other than any new work of which the estimates, specifications and plans have been prepared and deposited in the Engineer's Office for public inspection as provided in sections 7 and 8, he shall prepare the specifications and estimates of the expenses to be incurred in respect of such repairs or work including such proportion of the establishment charges as the Government or the Authority shall direct.", "name": "Estimates and specifications to be prepared", "related_acts": "", "section_id": 39 }, { "act_id": 253, "details": "40. Whenever it appears that the actual expenses to be incurred in respect of any work (including new work) will exceed by one tenth of the estimates of such work, the Engineer shall forthwith prepare further estimates, and if necessary, further specifications.", "name": "Preparation of further estimates and specification", "related_acts": "", "section_id": 40 }, { "act_id": 253, "details": "41. All specifications and estimates prepared under the two last preceding sections together with vernacular translations thereof shall be deposited in the office of the Engineer. Any person interested in such works and repairs may examine and take copies of such specifications and estimates.", "name": "Estimates, etc., open to inspection", "related_acts": "", "section_id": 41 }, { "act_id": 253, "details": "42. A general notice of any such specifications and estimates shall be published in the prescribed manner, and in such general notice shall be specified all lands chargeable for, or likely to be affected by, the said works or repairs. Should any objection in regard to such specifications and estimates be preferred by any person within thirty days of publication of such notice, the Engineer shall pass such orders as may appear to him reasonable and proper.", "name": "General notice of receipt of estimates, etc., and objections", "related_acts": "", "section_id": 42 }, { "act_id": 253, "details": "43. As soon as possible after the completion of any works or repairs, the Engineer shall prepare accounts of the actual expenses incurred in executing any works or repairs or of any portion of the actual expenses which may be dealt with separately under this and the following sections, and transmit the same to the Deputy Commissioner. The Engineer shall sign a certificate stating the amount of all such expenses, and specifying the boundaries of the lands which are benefited or affected by the said works or repairs, and stating generally how and to what extent the lands so specified, or any part of them, are affected. Any such certificate may be amended at any time before the Deputy Commissioner has made an order charging or apportioning the amount under section 49. On receipt of such certificate or amended certificate, the Deputy Commissioner shall cause a statement to be prepared of the lands which are benefited or protected by such works and repairs, and, except as otherwise provided in this Act, the said amount shall be recoverable from the owners of such lands in the manner hereinafter provided. Copies of the said account, certificate and statement shall be deposited in the office of the Deputy Commissioner and may there be examined and copies taken by any person interested.", "name": "Preparation of accounts and Engineer's certificate", "related_acts": "", "section_id": 43 }, { "act_id": 253, "details": "44. General notice of the receipt and deposit of such accounts, certificates and statements in the office of the Deputy Commissioner shall be given in the manner prescribed. If, within thirty days of such general notice being given, any interested person objects to the accounts on the ground that the work charged for has not been performed, or that the whole sum charged has not been expended, or that the rates of charge are higher than those mentioned in the estimates, the Deputy Commissioner shall enquire into such objection and pass such orders thereon as may appear to him reasonable and proper.", "name": "Notice of receipt of accounts and objections", "related_acts": "", "section_id": 44 }, { "act_id": 253, "details": "45. The Deputy Commissioner shall add to the amount appearing in the said certificate all sums which have been paid or have become payable in respect of the said works and repairs, whether as compensation, costs and expenses under, and incidental to, any proceedings taken or directed to be taken under any provision of this Act, and shall then make an order specifying the total sum found payable and in respect of works done under section 14 or section 19, the persons, by whom, or in respect of the other works, the lands in respect of which the same is payable. If the order is made in respect of work done under section 14 or section 19, the same shall forthwith be served upon the persons liable to pay; otherwise the Deputy Commissioner shall proceed according to the provisions hereinafter made. Interest may be charged upon any sum paid as compensation from the date of payment thereof at five per centum, or at such other rate not exceeding five per centum, per annum, as the Government or the Authority may from time to time determine.", "name": "Total sum payable", "related_acts": "", "section_id": 45 }, { "act_id": 253, "details": "46. The total sum found payable under section 45, save so far as is provided in this Act, shall, within a period not exceeding twenty years as the Commissioner of the Division may fix, be paid to the Deputy Commissioner by the owners of the lands benefited or protected by the repairs or works executed and by the persons deemed to be owners under the proviso to clause (f) of section 3.", "name": "Persons liable to pay", "related_acts": "", "section_id": 46 }, { "act_id": 253, "details": "47. So soon as the total sum payable as aforesaid has been ascertained, the Deputy Commissioner shall cause general notice to be given in the prescribed manner, specifying the lands in respect of which any portion of such total sum will be chargeable. In addition, the Deputy Commissioner shall cause special notices to the same effect to be served, in the prescribed manner, on the owners of lands. Such notices shall make it known that an enquiry will be held on the date and at the place therein named for the purpose of apportioning amongst such owners the said total sum, with interest and the cost of apportionment.", "name": "Notice to be given before apportionment", "related_acts": "", "section_id": 47 }, { "act_id": 253, "details": "48. (1) In any such enquiry, the Deputy Commissioner shall- (a) hear the objection of any person who may appear and claim that- (i) his land, or part of it, has not been benefited, or (ii) the land shown in his name does not belong to him in whole or in part; and (b) take down in writing the names of all persons who may claim, or who may be alleged by any party interested to be owners of any lands mentioned in such notice. (2) In default of appearance of any person referred to in clause (b) of the preceding sub section, the Deputy Commissioner shall issue and serve a notice in the prescribed manner calling on him to appear at the date and place therein mentioned, and to show cause against being included in the order of apportionment to be made therein, and shall adjourn the enquiry till such date.", "name": "Inquiry", "related_acts": "", "section_id": 48 }, { "act_id": 253, "details": "49. At such or any subsequently adjourned inquiry, the Deputy Commissioner shall charge the owners concerned with the total amount payable and shall apportion the same amongst them, either- (a) \trateably in proportion to the respective benefits derived by such lands from such repairs or works; or (b)\tin proportion to the areas of lands benefited or protected thereby.", "name": "Apportionment amongst owners of lands", "related_acts": "", "section_id": 49 }, { "act_id": 253, "details": "50. The amount charged and apportioned under the next preceding section shall be payable in equal instalments on such days as the Commissioner of the Division may direct: Provided that not more than four instalments shall be payable in any one year.", "name": "Payment of amount apportioned", "related_acts": "", "section_id": 50 }, { "act_id": 253, "details": "51. Interest shall be charged from the date of apportionment on the amount apportioned, less any instalment of such amount paid from time to time. The interest so charged shall be at the rate of five per centum, or at such rate, not exceeding five per centum, per annum, as the Government or the Authority may from time to time determine.", "name": "Interest payable on amount apportioned", "related_acts": "", "section_id": 51 }, { "act_id": 253, "details": "52. If after the apportionment of the expenses of any works and repairs as above prescribed, any expenses not included in such apportionment shall be found to have been paid or to have become payable on account of the said works or repairs, whether as compensation or otherwise, the Deputy Commissioner may proceed to apportion such further expenses in the manner in this Part provided.", "name": "Apportionment of further expenses", "related_acts": "", "section_id": 52 }, { "act_id": 253, "details": "53. (1) On the completion of any charge or apportionment under this Act, the Deputy Commissioner shall make an order specifying- (i) \tthe lands in respect of which any sum charged or apportioned is payable; (ii) \tthe sums payable in respect of each of the instalments of such sums; and (iii)\tthe dates on which such sums are payable. (2) The Deputy Commissioner shall cause such order to be published in the manner prescribed for the information of all persons concerned.", "name": "Final order of apportionment and publication thereof", "related_acts": "", "section_id": 53 }, { "act_id": 253, "details": "54. If any sum payable to the Deputy Commissioner, or any instalment thereof, be not, pursuant to the said order, paid the same with interest may be recovered as a public demand under the provisions of the 3* * * Public Demands Recovery Act, 1913, or any similar Act for the time being in force. Any such sum shall be a charge on the lands in respect of which it is apportioned, other than the lands in relation to which a person is deemed to be owner under the proviso to clause (f) of section 3, and shall not be avoided by any transfer of such lands.", "name": "Recovery of sums apportioned", "related_acts": "", "section_id": 54 }, { "act_id": 253, "details": "55. Whoever wilfully obstructs any person duly authorised under this Act in removing or levelling any embankment, house, hut or other building, or in the lawful exercise of any of the powers conferred by this Act, shall be liable to imprisonment of either description for a term which may extend to six months, or to fine which may extend to two hundred rupees.", "name": "Penalty for obstructing persons in exercise of powers under this Act", "related_acts": "", "section_id": 55 }, { "act_id": 253, "details": "56. (1) Any person,- (a)\twho, without the previous permission of the Engineer, erects, or causes or wilfully permits to be erected, any new embankment, or adds to any existing embankment, or obstructs or diverts, or causes or wilfully permits to be obstructed or diverted, any water course, if such act interferes or is likely to interfere with, counteract or impede any public embankment or any public water-course; (b)\twho, within the limits of the tract included in any prohibitory notification under section 6, without the previous permission of the Engineer, erects, or causes or wilfully permits to be erected, any new embankment, or adds to any existing embankment, or obstructs or diverts, or causes or wilfully permits to be obstructed or diverted any water course; and (c)\twho abets any such act as is mentioned in clauses (a) and (b), shall be liable, on conviction, to fine which may extend to five hundred rupees or, in default of payment, to imprisonment of either description for a period not exceeding six months. (2) This section shall not render unlawful the repair of a breach or cut in an embankment so as to restore the embankment to the same dimensions as it had immediately before such breach occurred or cut was made; provided that- (i)\tsuch cut was not made under the orders of the Engineer; (ii)\tsuch repair is made within one year after such breach occurred or cut was made; if, however, the repair cannot be completed within this period, the sanction of the Engineer shall be obtained to the completion thereof; (iii)\tsuch breach or cut forms a gap or, if unrepaired may form a gap between two portions of an existing embankment which were continuous before the breach occurred or cut was made; (iv)\tthe part of the embankment, in which the breach occurred or cut was made, was not erected or added to in contravention of this section or of any law for the time being in force.", "name": "Penalty for unauthorised interference and abetment thereof", "related_acts": "", "section_id": 56 }, { "act_id": 253, "details": "57. Whoever, without due authority in this behalf, cuts through or attempts to cut through any public embankment, or destroys or attempts to destroy any such embankment, or opens or shuts or obstructs any sluice in any such embankment or any public water course, shall be liable to imprisonment of either description for a term which may extend to one month or to fine which may extend to two hundred rupees.", "name": "Penalty for injuring embankment, etc.", "related_acts": "", "section_id": 57 }, { "act_id": 253, "details": "58. Whoever, without the permission of the officer in immediate charge of the embankments, makes any dam or other obstruction for the purpose of diverting or opposing the current of a river or water course wherein or whereon there are public embankments; or, When required by the Engineer, refuses or neglects to remove any such dam or obstruction so made by him; or, without the permission of the Engineer or of the officer in immediate charge of the embankment previously obtained, cuts or otherwise alters the banks of any embanked river or water course or removes the earth from any public embankment or drives stakes into it, or, by any other wilful act, destroys or diminishes the efficiency of such embankment, or causes or knowingly and wilfully permits any cattle to graze upon any such embankment, or tethers or causes or wilfully permits any cattle to be tethered upon any such embankment or root up any grass or other vegetation growing on any such embankment, shall be liable to imprisonment of either description for a term which may extend to six months or to fine which may extend to two hundred rupees.", "name": "Penalty for diverting rivers or grazing cattle on embankments", "related_acts": "", "section_id": 58 }, { "act_id": 253, "details": "59. The Magistrate, while convicting any person of an offence under any of the three last preceding sections, may order that such person shall remove the embankment or obstruction, or repair the damage, in respect of which conviction is held, within a period fixed by such order. If such person neglects or refuses to obey such order within the period fixed, the Magistrate may cause such embankment or obstruction to be removed and such damage to be repaired by the Engineer; and the cost of such removal or repair shall be levied from such person, in addition to any other penalty, in manner provided in sections 386, 387 and 389 of the Code of Criminal Procedure, 1898.", "name": "Removal of obstruction and repair of damage", "related_acts": "75", "section_id": 59 }, { "act_id": 253, "details": "60. In any enquiry or appeal under this Act, the Engineer, the Project Director of the Authority, the Deputy Commissioner and the Authority shall have the same powers as those conferred on Courts by the Code of Civil Procedure, 1908, of summoning and examining of Act witnesses and compelling the Production of documents.", "name": "Powers regarding examination of witnesses, etc.", "related_acts": "86", "section_id": 60 }, { "act_id": 253, "details": "61. No proceedings under this Act shall be impeached or affected by reason of any mistake in the name of any person thereby rendered liable to pay any sum of money, or in the description of any land in respect of which such person is rendered liable to pay, provided the provisions of this Act and the rules made thereunder are in substance and effect complied with; and no proceedings under this Act shall, for want of form, be quashed or set aside in any Court of Justice.", "name": "Bar to impeachment of proceedings", "related_acts": "", "section_id": 61 }, { "act_id": 253, "details": "62. Every order passed by the Engineer in respect of applications made under section 15 and every order passed by the Engineer under section 42, shall be appealable to the Project Director of the Authority concerned, and every order passed by the Deputy Commissioner under section 44 or section 53, shall be appealable to the Commissioner of the Division; but no appeal shall lie under this section against any order unless the same be presented within thirty days from the date of the order.", "name": "Appeals from orders", "related_acts": "", "section_id": 62 }, { "act_id": 253, "details": "63. The powers conferred on the Engineer under this Act shall be exercised subject to the general control and orders of the Project Director of the Authority, to whom he is subordinate, and the powers of the Project Director of the Authority shall be exercised subject to the general control and orders of the Commissioner, Water Development of the Authority.", "name": "General control of Engineers and Project Directors", "related_acts": "", "section_id": 63 }, { "act_id": 253, "details": "64. All the powers of a Deputy Commissioner under this Act shall be exercised under the general control and orders of the Commissioner of the Division, and all the powers of the Commissioner shall be subject to the similar control and orders of the Board of Revenue.", "name": "General control", "related_acts": "", "section_id": 64 }, { "act_id": 253, "details": "65. Whenever the maintenance of any public embankment, or the retention of any land appropriated to the purposes thereof, may no longer be required, such land shall be disposed of by the Deputy Commissioner in such manner and subject to such conditions as may be prescribed.", "name": "Disposal of land not required", "related_acts": "", "section_id": 65 }, { "act_id": 253, "details": "66. (1) The Deputy Commissioner or Engineer may delegate any of his powers to any officer subordinate to him, but any order passed by such officer in exercise of any of the delegated powers shall, on the presentation of a petition by the aggrieved person within thirty days of such order, be subject to revision by the Deputy Commissioner or Engineer, as the case may be. (2) An order passed by the Deputy Commissioner or Engineer under sub section (1) shall be subject to the foregoing provisions of this Act as if it were an original order passed by them.", "name": "Delegation of powers of Collector and Engineer", "related_acts": "", "section_id": 66 }, { "act_id": 253, "details": "67. Any order passed by any authority under any provision of this Act shall be subject at any time to be varied or set aside by the Government.", "name": "Power of revision of the Government", "related_acts": "", "section_id": 67 }, { "act_id": 253, "details": "68. All officers empowered to act under any provision of this Act and all persons authorised by such officers shall be deemed to be public servants within the meaning of section 21 of the 4* * * Penal Code.", "name": "Public servant", "related_acts": "", "section_id": 68 }, { "act_id": 253, "details": "69. All offences created by this Act shall be enquired into and tried by a Magistrate of the first or second class.", "name": "Jurisdiction", "related_acts": "", "section_id": 69 }, { "act_id": 253, "details": "70. Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, no civil Court shall entertain any suit, appeal or application relating to any act or work, the execution whereof is or has been proposed or undertaken by the Engineer under the provision of section 24.", "name": "Bar to suits, appeals and applications", "related_acts": "", "section_id": 70 }, { "act_id": 253, "details": "71. (1) The cost payable in respect of any act, work or repair which has, before the commencement of this Act, been completed under the provisions of the enactments repealed by section 2, shall, notwithstanding such repeal, be recoverable under the provisions of the enactments so repealed. (2) Any act or work of the nature referred to in section 7, or any repair commenced under the provisions of the enactments repealed by section 2, which remains pending on the date of the commencement of this Act, shall be deemed to have been commenced under the corresponding provision of this Act and shall be continued, so far as may be, in accordance with the provisions of this Act.", "name": "Savings", "related_acts": "", "section_id": 71 }, { "act_id": 253, "details": "72. 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": "Indemnity", "related_acts": "", "section_id": 72 }, { "act_id": 253, "details": "73. (1) The Government may, after previous publication, 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 provide for all or any of the following matters, namely: - (a)\tthe regulation of the proceedings of any officer who, under any provision of this Act, is required or empowered to take action in any matter; (b)\tthe manner of demarcation of plots or parcels of land under section 5; (c)\tthe form of any notice, notification, proclamation or order required to be served or published under this Act and the manner of service or publication thereof; (d)\tthe fixation of the proportion of establishment charges under sub section (6) of section 7; (e)\tthe person by whom, the time, place or manner at or in which anything for the doing of which provision is made in this Act, shall be done; (f)\tthe fee payable for taking copies of estimates, specifications, statement and other documents; and (g)\tthe amount of any charge made under this Act.", "name": "Power of Government to make rules", "related_acts": "", "section_id": 73 }, { "act_id": 253, "details": "74. Nothing in this Act shall apply to any embankment, land or water course which is under the operation of any of the Acts mentioned in Schedule B to this Act.", "name": "Excluding from operation of the Act", "related_acts": "", "section_id": 74 } ], "text": "An Act to consolidate the laws relating to embankment and drainage and to make better provision for the construction, maintenance, management, removal and control of embankments and water courses for the better drainage of lands and for their protection from floods, erosion or other damage by water. 1♣ ♠ WHEREAS it is expedient to consolidate the laws relating to embankment and drainage and to make better provision for the construction, maintenance, management, removal and control of embankments and water courses for the better drainage and improvement of lands in the territories comprising the province of East Pakistan and for the protection of such lands from floods, erosion or other damage by water, it is enacted as follows:-" }

{ "id": 254, "lower_text": [ "1 Throughout this Act, the word “Bangladesh” was substituted for the words “East Pakistan” by Article 5 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972).", "2 Throughout this Act, the word “Government” was substituted for the words “Provincial Government” by section 2 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)", "3 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "4 Clause (cc) was inserted by section 4 of the East Bengal Building Construction (Amendment) Ordinance, 1960 (East Pakistan Ordinance No. IV of 1960)", "5 Clause (ccc) was inserted by section 3 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)", "6 The words “or who” were substituted for the words “and who” by section 3 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)", "7 The words “or cut or raze any hill” were omitted by section 2 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)", "8 Section 3B was inserted by section 5 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)", "9 Section 3A was inserted by section 6 of the East Bengal Building Construction (Amendment) Ordinance, 1960 (East Pakistan Ordinance No. IV of 1960)", "10 The words “Authorised Officer” were substituted for the words “Provincial Government” by section 4 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)", "11 The words “Authorised Officer” were substituted for the words “Provincial Government” by section 4 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)", "12 The Explanation was omitted by section 4 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)", "13 Section 3C and 3D were inserted by section 3 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)", "14 Section 6 was substituted by section 6 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)", "15 Section 7 was substituted by section 7 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)", "16 The words and figures “section 3 or section 3C” were substituted for the word and figure “section 3” by section 4 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)", "17 The words and figures “section 3 or section 3C” were substituted for the word and figure “section 3” by section 5 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)", "18 The words “the Committee or any person empowered by him or it” were substituted for the words “any person empowered by him” by section 8 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)", "19 The words and comma “the Committee or any person empowered by him or it in this behalf, produce before him or it” were substituted for the words and comma “any person empowered by him in this behalf, produce before him” by section 8 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)", "20 The words and figures “section 3 or section 3C” were substituted for the word and figure “section 3” by section 4 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)", "21 Sub-sections (3) and (4) were inserted by section 6 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)", "22 Section 10A was inserted by section 7 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)", "23 Sub-section (1) was substituted by section 2 of the Building Construction (Amendment) Act, 2006 (Act No. XV of 2006)", "24 Sub-section (1A) was inserted by section 8 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)", "25 The words “building or portion thereof or the tank or portion thereof” were substituted for the words “building to be removed or the tank” by section 10 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)", "26 Sub-section (3) was inserted by section 10 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)", "27 Section 13 was substituted by section 9 the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)", "28 The words, figures and letters “or section 3B or section 3C or section 3D” were substituted for the word, figure and letter “or 3B” by section 10 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)", "29 Section 15 was substituted by section 14 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987)", "30 The words, figures and letters “or section 3B or section 3C or section 3D” were substituted for the words, figure and letter “or section 3B” by section 11 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)", "31 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "32 The figures and letter “3B, 3D, 4” were substituted for the figure “4” by section 12 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)", "33 The words and figures “section 3 and 3C” were substituted for the words and figure “section 3” by section 12 of the Building Construction (Amendment) Act, 1990 (Act No. XXXV of 1990)", "34 Section 18A was inserted by section 2 of the Building Construction (Amendment) Act, 2006 (Act No. XV of 2006)" ], "name": "The Building Construction Act, 1952 (East Bengal Act)", "num_of_sections": 27, "published_date": "21st March, 1953", "related_act": [ 75, 388 ], "repelled": false, "sections": [ { "act_id": 254, "details": "1. (1) This Act may be called the 3* * * Building Construction Act, 1952. (2) It extends to the whole of Bangladesh. (3) It shall come into force,- (a)\tin the areas to which notification No. 2306 L.S.-G., dated the 26th July, 1951, relates, on and from the date on which the East Bengal Building Construction Ordinance, 1951, as enacted and continued in operation by the East Bengal Expiring Laws Act, 1951, ceases to operate; and (b)\tin other areas, on and from such dates as the Government may, by notification in the official Gazette, direct. (4) The Government may, by notification in the official Gazette, withdraw the operation of this Act from any area.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 254, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Authorised Officer” means an officer appointed by the Government, by notification in the official Gazette, to exercise in any area the functions of an Authorised Officer under this Act; (b)\t“building” includes a house, out-house, hut, wall and any other structure whether of masonry, bricks, corrugated iron sheets, metal, tiles, wood, bamboos, mud, leaves, grass, thatch or any other material whatsoever; (c)\t“Committee” means a building Construction Committee constituted for any area in the prescribed manner; 4(cc) \t“hill” includes hillocks; 5(ccc) \t“master plan” means the master plan prepared and approved under any law for the time being in force for the utilisation of any land anywhere in Bangladesh; (d) (i) \t“owner” in relation to a building or tank means the person at whose expenses such building or tank is constructed or excavated 6or who has the right to transfer the same, and includes his heirs, assigns and legal representatives; (ii)\t“owner” in relation to a hill means a person who possesses the hill and has the right to transfer the same, and includes his heirs, assigns and legal representatives; (e)\t“prescribed” means prescribed by rules made under this Act;  (f)\t“tank” includes ditch, drain, well and channel; and (g)\t“temporary building” means such building which is declared by the Authorised Officer to be of a temporary nature.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 254, "details": "3. (1) Notwithstanding anything contained in any other law for the time being in force, or in any agreement, no person shall, without the previous sanction of an Authorised Officer, construct or re-construct or make addition or alternation to any building, or excavate or re-excavate any tank 7* * * within the area to which this Act applies; and such sanction shall be subject to such terms and conditions as the Authorised Officer may think fit to impose: Provided that such sanction shall remain valid for three years from the date of sanction and on the expiry of the period, the application shall have to apply and obtain a fresh sanction. (1a) Notwithstanding anything contained in sub-section (1), all sanctions obtained during the 12 months immediately preceding the 30th September, 1958, shall be deemed to have expired and no such construction or excavation shall be made without obtaining fresh sanction. Explanation.- For the purpose of obtaining fresh sanction under sub-section (1) or sub-section (1a), no fresh sanction shall have to be obtained for the construction of buildings where the construction has been made up to 4 feet above plinth level. (2) The Government may, by notification in the official Gazette, direct that the power of an Authorised Officer under sub-section (1) shall be exercised by a Committee in such area as may be specified in the notification. (3) When a notification under sub-section (2) has been issued, the Authorised Officer shall not exercise the power conferred on him by sub-section (1) in the area to which the said notification relates. (4) The provisions of sub-section (1) shall not apply to normal repairs to existing building.", "name": "Restriction on construction of building and excavation of tank", "related_acts": "", "section_id": 3 }, { "act_id": 254, "details": "83B. (1) Where it appears to the Authorised Officer or the Committee, as the case may be, that- (a)\tany building has been constructed or re-constructed, or any addition or alteration to any building has been made, or any tank has been excavated or re-excavated, before or after the commencement of the Building Construction (Amendment) Ordinance, 1986 (Ordinance No. LXXII of 1986); (b)\tany building is being constructed, or re-constructed, or any addition or alteration to any building is being made or any tank is being excavated or re-excavated, without obtaining the sanction under section 3, or in breach of any of the terms or conditions subject to which sanction was granted under that section, he or it may, by a notice, direct the owner, the occupier and the person in-charge of the building or the tank to show cause, within such period, not being less than seven days, as may be mentioned in the notice, why- (i)\tthe building or any portion thereof, whether constructed or under construction, as may be specified in the notice, should not be removed or dismantled; or (ii)\tthe tank or any portion thereof, whether excavated or under excavation, specified in the notice, should not be filled up; or (iii)\tfurther construction or re-construction of, or addition or alteration to, the building, or excavation or re-excavation of the tank, should not be stopped. (2) Where a person is asked by a notice under sub-section (1) to show cause why further construction or re-construction of, or addition or alteration to, any building, or excavation or re-excavation of any tank, should not be stopped, he shall stop such further construction or re-construction or addition or alteration or excavation or re-excavation, as the case may be, from the date the notice is served on him till an order is made under sub-section (3). (3) Where, after considering the cause shown, if any, within the time mentioned in the notice and giving the person showing the cause a reasonable opportunity of being heard, or where no cause is shown within such time, the Authorised Officer or the Committee, as the case may be, after such enquiry as he or it deems fit, is satisfied that the building has been, or is being, constructed or re-constructed, or addition or alteration to the building has been, or is being, made, or the tank has been, or is being, excavated or re-excavated without obtaining the sanction under section 3, or in breach of any of the terms and conditions subject to which sanction was granted under that section, he or it may, by an order in writing stating reasons therefore, direct the owner, the occupier and the person in-charge of the building or the tank to remove or dismantle the building or any portion thereof or to fill up the tank or any portion thereof as specified in the order within such time as may be fixed by him or to stop further construction or re-construction, addition or alteration or excavation or re-excavation, as the case may be; and otherwise shall make an order vacating the notice. (4) Where further construction or re-construction of, or addition or alteration to, any building, or excavation or re-excavation of any tank has been stopped under sub-section (2) and cause is shown within the time mentioned in the notice against the stoppage of such further construction or re-construction, addition or alteration, excavation or re-excavation, as the case may be, the Authorised Officer or the Committee, as the case may be, shall make his or its order under sub-section (3) within fifteen days from the date the cause is shown. (5) No order under this section shall be made directing any person to remove or dismantle any building or part thereof or to fill up any tank or part thereof unless it is found that- (a)\tsuch building or part thereof has been constructed, or re-constructed, or such tank or part thereof has been excavated or re-excavated at a place or in a manner which is contrary to the master plan or development plan, if any, of the area in which the building or the tank is situated, or  (b)\tsuch building or part thereof cannot be re-constructed, or altered or such tank, or part thereof cannot be re-excavated, in accordance with the terms and conditions of the sanction alleged to have been breached, or (c)\tsuch building or part thereof or such tank or part thereof causes any undue inconvenience in respect of use or occupation of any land or building or road or passage in the area adjacent to it, or (d)\tsanction, if prayed for, could not be granted for the construction or re-construction of, or addition or alteration to, the building or excavation or re-excavation of the tank: Provided such person- (i)\tpays, within the time specified by the Authorised Officer or the Committee, as the case may be, a fine of an amount, which shall not be less than TK. 5,000 and more than TK. 50,000 to be determined by that Officer or the Committee, (ii)\tmakes necessary addition or alteration to the building, or makes the excavation or the filling up of the tank as may be directed by the Authorised Officer or the Committee within the time specified by that Officer or the Committee, and (iii)\tobtains the necessary sanction on payment of a fee which shall be ten times the amount of the fee prescribed. (6) If a person fails to pay the fine or make the addition or alteration or excavation or filling or obtain the sanction as mentioned in sub-section (5) within the time specified by the Authorised Officer or the Committee, as the case may be, under that sub-section, the said officer or the Committee may, by an order in writing, direct the owner, the occupier and the person in-charge of the building or the tank to remove or dismantle the building or any portion thereof or to fill up the tank or any portion thereof as specified in the order within such time as may be fixed by him or it. (7) A notice or an order under this section shall be served in the prescribed manner.", "name": "Direction for removal of construction, etc.", "related_acts": "", "section_id": 4 }, { "act_id": 254, "details": "93A. (1) No owner or occupier of a building shall, without obtaining previous permission from the Authorised Officer or the Committee, as the case may be, use the building for the purpose other than that mentioned in the sanction. (2) When the 10Authorised Officer is satisfied that the existing use of any land or building does not conform the scheme of land utilisation indicated in the Master Plan, the 11Authorised Officer may, by an order in writing, direct the owner, occupier or the person in charge of the land or building to discontinue such use and, in the case of a building also to remove or dismantle such building: Provided, however, that the owner, occupier or the person in charge of the land or building shall be given six months' time before effect is given to the order of discontinuance of such use and twelve months' time before effect is given to the order of removal or dismantlement of the building: Provided further that no existing or further use of any land or building for combined residential and commercial purpose shall be discontinued or prohibited unless, in any particular case, such use militates against the dominant character of the scheme of land utilisation as indicated in the Master Plan and constitutes a nuisance generally to the zone and particularly to the neighbourhood in which the land or building is situated. 12* * *", "name": "Restriction on improper use of lands and buildings", "related_acts": "", "section_id": 5 }, { "act_id": 254, "details": "13 3C. (1) Notwithstanding anything contained in any other law for the time being in force, no person shall, without the previous sanction of an Authorised Officer, cut or raze any hill within the area to which this Act applies; and such sanction shall be subject to such terms and conditions as the Authorised Officer may think fit to impose:  Provided that no such sanction shall be granted without the previous approval of the Government or such other authority as the Government may, by notification in the official Gazette, specify in this behalf:  Provided further that no such sanction shall be granted unless the Authorised Officer and the Government or the authority specified in the notification mentioned in the first proviso is satisfied that-  (a) the cutting or razing of the hill shall not cause any serious damage to any hill, building, structure or land adjacent to or in the vicinity of the hill, or  (b) the cutting or razing of the hill shall not cause any silting of or obstruction to any drain, stream or river, or  (c) the cutting or razing of the hill is necessary in order to prevent the loss of life or property, or  (d) the cutting of the hill is such as is normally necessary for construction of dwelling house without causing any major damage to the hill, or  (e) the cutting or razing of the hill is necessary in the public interest.  (2) A sanction granted under sub-section (1) shall remain valid for a period of one year from the date of sanction.  (3) Notwithstanding anything contained in any other law for the time being in force, all sanctions obtained for cutting or razing of the hills prior to the commencement of the Building Construction (Amendment) Ordinance, 1990 (অধ্যাদেশ নং ৯, ১৯৯০) shall be deemed to have expired and no such cutting or razing shall be done without obtaining fresh sanction. (4) The Government may, by notification in the official Gazette, direct that the power of an Authorised Officer under sub-section (1) shall be exercised by a Committee in such area as may be specified in the notification.  (5) When a notification under sub-section (4) has been issued, the Authorised Officer shall not exercise the power conferred on him by sub-section (1) in the area to which the said notification relates.", "name": "Restriction on cutting etc., of hills", "related_acts": "", "section_id": 6 }, { "act_id": 254, "details": "3D. (1) Where it appears to the Authorised Officer or the Committee, as the case may be, that any hill is being cut or razed without obtaining the sanction under section 3C, or in breach of any of the terms or conditions subject to which sanction was granted under that section, he or it may, by a notice, direct the owner or the occupier of the hill to show cause, within such period, not being less than three days, as may be mentioned in the notice, why the cutting or razing of the hill should not be stopped. (2) Where a person is asked by a notice under sub-section (1) to show cause why the cutting or razing of the hill should not be stopped, he shall stop such cutting or razing from the date the notice is served on him till an order is made under sub-section (3). (3) Where, after considering the cause shown, if any, within the time mentioned in the notice and giving the person showing the cause a reasonable opportunity of being heard, or where no cause is shown within such time, the Authorised Officer or the Committee, as the case may be, after such enquiry as he or it deems fit, is satisfied that the hill has been or is being cut or razed without obtaining the sanction under section 3C or in breach of any of the terms and conditions subject to which sanction was granted under that section, he or it may, by order in writing stating reasons therefore, direct the owner and the occupier of the hill to stop the cutting or razing of the hill; and otherwise shall make an order vacating the notice. (4) A notice or an order under the section shall be served in the prescribed manner.", "name": "Direction for stopping cutting or razing of hill", "related_acts": "", "section_id": 7 }, { "act_id": 254, "details": "4. The Authorised Officer may, by a notice served in the prescribed manner, direct the owner of a temporary building, erected prior to the date of the coming into force of this Act, to remove the same within the period mentioned in the notice or within such further period as may be extended by the Authorised Officer; and the owner thereof shall, on payment to him of such compensation as the Authorised Officer thinks fair and reasonable, remove it within the period aforesaid.", "name": "Power of removal of temporary building", "related_acts": "", "section_id": 8 }, { "act_id": 254, "details": "5. (1) The Authorised Officer may, by a notice served in the prescribed manner, direct the owner of a building or tank or hill, the construction or excavation or cutting whereof is in progress on the date of the commencement of this Act, not to proceed with the work any more and to remove such building within the period mentioned in the notice or within such further period as may be extended by the Authorised Officer; and the owner thereof shall, on payment to him of such compensation, not exceeding the sum of two hundred and fifty rupees, as the Authorised Officer thinks fair and reasonable, remove the same within the period aforesaid. (2) The provision of sub-section (1) shall not apply to normal repairs to existing buildings.", "name": "Power of removal of building under construction", "related_acts": "", "section_id": 9 }, { "act_id": 254, "details": "146. (1) The Authorised Officer or the Committee, as the case may be, shall, simultaneously with the issue of an order under section 3B or a notice under section 4 or sub-section (1) of section 5 on the owner, the occupier or the person in-charge of the building, as the case may be, issue a notice upon them to vacate the building within the period mentioned therein or within such further period as may be extended by the Authorised Officer or the Committee. (2) If the person upon whom a notice to vacate the building under sub-section (1) has been served does not, in pursuance of that notice, vacate the building within the period mentioned in the notice, he shall, notwithstanding anything contained in any other law for the time being in force, be liable to be summarily evicted therefrom by the Authorised Officer or the Committee, as the case may be, and the Authorised Officer or the Committee may, in effecting such eviction, use or cause to be used such force as may be deemed necessary.", "name": "Eviction of occupier", "related_acts": "", "section_id": 10 }, { "act_id": 254, "details": "157. (1) If any person fails to comply with any direction for removal or dismantling of any building or any portion thereof or filling up any tank or any portion thereof, given to him under section 3B, within the period fixed therefore, the Authorised Officer or the Committee, as the case may be, may cause the building or portion thereof to be removed or the tank or portion to be filled up, as the case may be, by using or causing to be used such force as may be deemed necessary; and the cost thus incurred shall be realised from its owner in the manner laid down for recovery of fine under section 386 of the Code of Criminal Procedure, 1898 (Act V of 1898). (2) If any person fails to comply with any direction for removal of any building given to him under section 4 or sub-section (1) of section 5, within the period fixed therefore, the Authorised Officer may cause the temporary building or the building under construction, as the case may be, to be removed at his own expenses in which case such person shall not be any more entitled to any compensation.", "name": "Removal of building, etc.", "related_acts": "75", "section_id": 11 }, { "act_id": 254, "details": "8. An application for sanction under 16section 3 or section 3C shall be made to the Authorised Officer or the Committee, as the case may be, in such manner and from and on payment of such fee as may be prescribed.", "name": "Application for sanction", "related_acts": "", "section_id": 12 }, { "act_id": 254, "details": "9. The sanction granted under 17section 3 or section 3C shall be liable to cancellation by the Authorised Officer or the Committee, as the case may be, for breach of any of the terms or conditions or making statements not correct under which such sanction was granted.", "name": "Cancellation of sanction on breach of terms and conditions thereof", "related_acts": "", "section_id": 13 }, { "act_id": 254, "details": "10. (1) For carrying out the purposes of this Act, an Authorised Officer or 18the Committee or any person empowered by him or it in this behalf may, after giving reasonable notice to the occupier of any premises, enter upon such premises after sunrise and before sunset. (2) The owner of any building or tank or hill shall, on being required by an Authorised Officer or 19the Committee or any person empowered by him or it in this behalf, produce before him or it the sanction obtained therefore under 20section 3 or section 3C. 21(3) The owner of any hill shall, on being required by an Authorised Officer or the Committee or any person empowered by him or it in this behalf, or any Police Officer not below the rank of Assistant Sub-Inspector, produce before him or it the sanction obtained for cutting or razing the hill under section 3C. (4) For carrying out the purposes of this Act, an Authorised Officer or the Committee or any person empowered by him or it in this behalf or any Police Officer not below the rank of Assistant Sub-Inspector may, after giving reasonable notice to the occupier of the hill, enter upon such hill at any time.", "name": "Entry into premises", "related_acts": "", "section_id": 14 }, { "act_id": 254, "details": "2210A. (1) The Authorised Officer or any member of the Committee or any officer authorised by him or Committee or any Police Officer not below the rank of Assistant Sub- Inspector who has reason to believe, from personal knowledge or from information given by any person and taken down in writing, that any hill is being cut or razed without obtaining the sanction under section 3C or in breach of any of the terms and conditions subject to which sanction was granted under that section or in contravention of an order made under section 3D may at any time during the day or night- (a)\tenter into such hill; (b)\tseize any vehicle, instrument, material and animal used in the cutting or razing of the hill or loading or carrying the earth of such hill; (c)\tif he is a Police Officer, arrest any person who he has reason to believe to have committed an offence punishable under sub-section (1A) of section 12. (2) Whenever a Police Officer makes any arrest or any person makes any seizure under sub-section (1), he shall, within twenty-four hours after such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate superior. (3) Every person arrested and any vehicle, instrument, material or animal seized under this section shall be forwarded without delay to the Officer-in-Charge of the nearest police station, and the officer to whom such person or vehicle, instrument, material or animal is forwarded shall, with all convenient despatch, take such measures as may be necessary for the disposal according to law of such person or, as the case may be, vehicle, instrument, material or animal. (4) The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) shall apply, in so far as they are not inconsistent with the provisions of this section, to all arrests and seizure made under this section.", "name": "Power of seizure and arrest without warrant", "related_acts": "75", "section_id": 15 }, { "act_id": 254, "details": "11. Exemption.- Omitted by section 9 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 16 }, { "act_id": 254, "details": "12A. Notice to offenders before obtaining sanction for prosecution.- Inserted by section 12 of the East Bengal Building Construction (Amendment) Ordinance, 1960 (East Pakistan Ordinance No. IV of 1960) and subsequently omitted by section 11 of the Building Construction (Amendment) Act, 1987 (Act No. XII of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 17 }, { "act_id": 254, "details": "12. 23(1) Whoever commits an offence by- (a) \tContravening the provision of section 3; or (b) \tfailing to comply with any direction given to him by an Authorised Officer or a Committee under section 3B or by an Authorised Officer under section 4 or sub-section (1) of section 5; or (c) \tdesigning or approving or implementing a building construction plan in contravention to any provision of the Bangladesh Building Code made under section 18A and the rules made under section 18; or (d) \tconstructing a building in contravention to any provision of the Bangladesh Building Code made under section 18A- shall, on conviction before a Court of competent jurisdiction, be punishable with imprisonment for a term which may extend to seven years, or with fine not less than taka fifty thousand, or with both; and the Court convicting the accused shall, if an application in writing is made by the prosecution in this behalf, fix a date within which the building or tank or portion thereof, in respect of which the offence has been committed shall be removed or dismantled or filled up, as the case may be by the person convicted and may, for sufficient reason, extend such date. 24(1A) Whoever commits an offence by- (a)\tcontravening the provision of section 3C, or (b)\tfailing to comply with any direction given to him by an Authorised Officer or Committee or Police Officer under section 3D, shall, on conviction before a Court of competent jurisdiction, be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both; and the Court convicting the accused shall, if an application in writing is made by the prosecution in this behalf, forfeit any vehicle, instrument, material or animal used for the purpose of or in connection with the commission of the offence or for carrying the earth. (2) If the person convicted under sub-section (1) fails to comply with the direction of the Court under that sub-section within the date fixed or within the date as so extended, the Court may causes the 25building or portion thereof or the tank or portion thereof filled up, and the cost thus incurred may be realised from the convicted person in the manner laid down for recovery of fine under section 386 of the Code of Criminal Procedure, 1898. 26(3) The provision of this section shall be in addition to, and not in derogation of, any other provision of this Act.", "name": "Penalty", "related_acts": "75", "section_id": 18 }, { "act_id": 254, "details": "2713. (1) An offence punishable under sub-section (1A) of section 12 shall be cognizable and non-bailable. (2) Subject to sub-section (1), no Court shall take cognizance of any offence punishable under this Act except upon a complaint by the Authorised Officer or the Committee or by a person authorised by the Authorised Officer or the Committee, as the case may be.", "name": "Cognizance of offence", "related_acts": "", "section_id": 19 }, { "act_id": 254, "details": "14. Every order under section 3 or section 3A 28or section 3B or section 3C or section 3D or section 4 or section 5 or section 6 or section 9 shall, subject to the provision of section 15, be final and shall not be called in question in any Civil Court.", "name": "14 \tBar to jurisdiction of Civil Court", "related_acts": "", "section_id": 20 }, { "act_id": 254, "details": "2915. An appeal, if presented within thirty days from the date of the order appealed against, shall lie to such officer or authority as may be prescribed against every order under section 3 or section 3A 30or section 3B or section 3C or section 3D or section 4 or section 5 or section 6 or section 9, and the decision of such officer or authority on such appeal shall be final and shall not be called in question in any Civil Court.", "name": "Appeal", "related_acts": "", "section_id": 21 }, { "act_id": 254, "details": "16. An Authorised Officer or any person empowered to perform any function under this Act, shall be deemed to be a public servant within the meaning of section 21 of the 31* * * Penal Code.", "name": "Public servant", "related_acts": "", "section_id": 22 }, { "act_id": 254, "details": "17. (1) No suit or legal proceeding shall lie against the Government in respect of anything which is, in good faith, done or intended to be done, under this Act. (2) No suit, prosecution or 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": "Indemnity", "related_acts": "", "section_id": 23 }, { "act_id": 254, "details": "18. (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:- (a)\tthe constitution of a Building Construction Committee; (b)\tthe tenure of office of members of the Committee; (c)\tthe resignation and removal of members of the Committee;  (d)\tthe filling of casual vacancy and the tenure of office of the person filling such vacancy; (e)\tthe regulation of functions of the Committee including the procedure and conduct of business at its meetings; (f)\tthe manner of service of notice under sections 323B, 3D, 4 and 5; (g)\tthe form of application for sanction under 33section 3 and 3C; and (h) \tthe amount of fee payable under section 8.", "name": "Power to make rules", "related_acts": "", "section_id": 24 }, { "act_id": 254, "details": "3418A. (1) The Government may, by notification in the official Gazette, make provision to carry out the purposes of this Act and the provisions made under this section may collectively be called the Bangladesh National Building Code. (2) Without Prejudice to the generality of the foregoing power, the Bangladesh National Building Code may provide for all or any of the following matters, namely:- (a) \tgeneral building requirements, control and regulation; (b) \tfire protection; (c) \tbuilding materials; (d) \tstructural design; (e) \tconstruction practices and safety; (f) \tbuilding services; (g) \talteration, addition to and change of use of existing building; (h) \tsign and outdoor display; (i) \tmatters relating to administration and enforcement of the above matters.", "name": "Power to make Bangladesh National Building Code", "related_acts": "", "section_id": 25 }, { "act_id": 254, "details": "19. No owner of any building shall be entitled to any compensation under this Act, if he had contravened any provision of the East Bengal Building Construction Ordinance, 1951.", "name": "Compensation when not payable", "related_acts": "", "section_id": 26 }, { "act_id": 254, "details": "20. Saving.- Repealed by section 3 of the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).", "name": "Repealed", "related_acts": "", "section_id": 27 } ], "text": "An Act to provide for the prevention of haphazard construction of buildings and excavation of tanks which are likely to interfere with the planning of certain areas in Bangladesh. 12 WHEREAS it is expedient to provide for the prevention of haphazard construction of buildings and excavation of tanks and cutting of hills which are likely to interfere with the planning of certain areas in Bangladesh; It is hereby enacted as follows:-" }

{ "id": 255, "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 Sub-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 Sub-clause (c) was substituted by section 3 and the Second 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 and comma “any Government, State” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "5 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)" ], "name": "The Dangerous Cargoes Act, 1953", "num_of_sections": 12, "published_date": "15th April, 1953", "related_act": [ 24, 430, 166, 255 ], "repelled": false, "sections": [ { "act_id": 255, "details": "1. (1) This Act may be called the Dangerous Cargoes Act, 1953. (2) It extends to the whole of 1Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "255", "section_id": 1 }, { "act_id": 255, "details": "2. In this Act,- (1)\t“dangerous cargoes” means any cargoes containing- 2(a)\tany goods shown as Explosives in the Comprehensive Classified List of Government Explosives compiled and issued by the Government or by such authority as the Government may determine from time to time or any ammunitions; or  (b)\tpetroleum, as defined in clause (a) of section 2 of the Petroleum Act, 1934, when the flashing point of such petroleum is below one hundred and fifty degrees Fahrenheit; 3(c) prohibited dangerous goods, that is to say, goods classified as dangerous in the Government Stowage Instructions prepared by it or by such authority as the Government may fix from time to time; or (d)\tany cargoes which are liable to fire or explosion and which are declared by the Government by notification in the official Gazette to be dangerous cargoes for the purposes of this Act. (2)\t“Fortress Commander” means an officer of the armed forces appointed as such by the Government by a notification in the official Gazette.", "name": "Definitions", "related_acts": "166", "section_id": 2 }, { "act_id": 255, "details": "3. The Government may make such orders as appear to it to be necessary or expedient for securing the safety of any port and preventing or dealing with explosions and fires on vessels carrying dangerous cargoes within the limits of any port, and generally for the transit working and storage of dangerous cargoes and matters incidental thereto.", "name": "Measures for the safety of ports", "related_acts": "", "section_id": 3 }, { "act_id": 255, "details": "4. (1) The Government may, by notification in the official Gazette, make such rules as appear to it to be necessary or expedient for carrying the purposes of this Act into effect. (2) Without prejudice to the generality of the foregoing power such rules may provide for all or any of the following, namely:- (a)\tthe constitution, mobilisation, enrolment, discipline, equipment, duties, privileges, and protection of fire-brigades and fire services in or near any port; (b)\tthe powers to be conferred and duties to be imposed on any officer or authority for the purposes of this Act;  (c)\tthe mobilisation and control of 4the Government or Municipal service, or private organisation, by the Fortress Commander in the event of the declaration of an emergency or apprehended emergency due to fire or explosion.", "name": "Power to make rules", "related_acts": "", "section_id": 4 }, { "act_id": 255, "details": "5. The existence of an emergency or apprehended emergency due to fire or explosion shall be declared by the Fortress Commander on the advice of the Chief of Naval Staff of the Bangladesh Navy.", "name": "Declaration of emergency", "related_acts": "", "section_id": 5 }, { "act_id": 255, "details": "6. Without prejudice to any other powers which may be conferred on him under this Act, the Chief of Naval Staff of the Bangladesh Navy may- (a)\tissue orders requiring measures to be taken for the safety of vessels in a port and against or in respect of fire; (b)\tissue orders to the owner or master of any vessel in port requiring him,- (i) \tto take such steps as may be mentioned in the order for the detection and combating of fire; (ii)\tto do, or to refrain from doing, such things as may be mentioned in the order in order to secure the safety of the vessel or prevent it from endangering other vessels or property; (iii)\tto scuttle or beach the vessel in such position as may be specified in the order if the vessel is on fire or has suffered damage by fire or otherwise and constitutes, in the opinion of the Chief of Naval Staff, a danger to other vessels or obstructs the proper working of the port; (c)\tissue orders requiring any work to be done on any land, or anything to be placed in, on or over any land, within the limits of a port, and such work may include the demolition or the rendering useless of anything placed in, on or over such land and the removal from such land of anything so demolished or rendered useless.", "name": "Powers of the Chief of Naval Staff of the Bangladesh Navy", "related_acts": "", "section_id": 6 }, { "act_id": 255, "details": "7. The Chief of Naval Staff of the Bangladesh Navy may, by notification in the official Gazette, delegate any power conferred on him by or under this Act to any officer subordinate to him and references in the Act to the said Chief of Naval Staff shall include references to his delegate: Provided that in time of peace such power shall be delegated only to the Captain-in-Charge or to the Naval Officer-in-Charge of the port, and in time of war to the Naval Officer-in-Charge of the port.", "name": "Delegation of powers by Chief of Naval Staff of the Bangladesh Navy", "related_acts": "", "section_id": 7 }, { "act_id": 255, "details": "8. Without prejudice to any powers conferred upon him under this Act or by or under any law for the time being in force the Deputy Conservator of a port shall have power to order the master of any vessel in port other than a tanker- (a)\tto place at his disposal such proportion, not exceeding three quarters, of the crew of the vessel as the Deputy Conservator requires for the purpose of preventing or extinguishing an outbreak of fire in the port; (b)\tto take such steps as he may direct to extinguish any fire in his vessel. In this section “Deputy Conservator” means the person who is for the time being discharging the duties of Deputy Conservator of the port.", "name": "Powers of Deputy Conservator of a port", "related_acts": "", "section_id": 8 }, { "act_id": 255, "details": "9. (1) Any contravention of or attempt to contravene, and any abetment of or attempt to abet the contravention of any provision of this Act, or the rules made thereunder or any order under this Act or the rules shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand 5taka or with both. (2) For the purposes of this section failure to obey the provisions of any rule or order under this Act shall be construed as a contravention of the rule or order.", "name": "Contravention of this Act", "related_acts": "", "section_id": 9 }, { "act_id": 255, "details": "10. The police may arrest without warrant any person committing an offence under this Act.", "name": "Power to arrest without warrant", "related_acts": "", "section_id": 10 }, { "act_id": 255, "details": "11. (1) No order made in exercise of any power conferred by or under this Act shall be called to question by any court. (2) When an order purports to have been made and signed by any officer or an authority in exercise of any power conferred by or under this Act the court shall, within the meaning of the Evidence Act, 1872, presume that such order was so made by that officer or authority.", "name": "Savings as to order", "related_acts": "24", "section_id": 11 }, { "act_id": 255, "details": "12. (1) 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 in pursuance of this Act or any rules made thereunder or any order issued under this Act or the rules. (2) Save as otherwise expressly provided under this Act no suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any rule made thereunder or any order issued under this Act or the rules.", "name": "Protection of action taken under this Act", "related_acts": "", "section_id": 12 } ], "text": "An Act to make further provision for the safety of ports in respect of the transit, working and storage of dangerous cargoes and matters incidental thereto. ♣ WHEREAS it is expedient to make further provision for the safety of ports in respect of the transit, working and storage of dangerous cargoes and matters incidental thereto; It is hereby enacted as follows:-" }

{ "id": 256, "lower_text": [ "1 Throughout this Act, the words “Bangladesh”, “Government” and “Taka” were substituted for the words “Pakistan”, “Central Government” and “rupees” by section 6 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "2 The word “Pakistan” was omitted by section 6(b) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "3 The words “officers, master warrant officers and” were substituted for the words “officers and” by section 6(c)(i) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "4 The word “Indian” was omitted by section 6(c)(ii) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "5 The words, comma and figures “Army and Air Force Reserves Act, 1950” were substituted for the words brackets, comma and figures “Pakistan (Army and Air Force) Reserves Act, 1950” by section 6(c)(iii) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "6 Clause (dd) was inserted by section 3 of the Defence Services Laws Amendment Ordinance, 1967 (Ordinance No. III of 1967)", "7 The word “Pakistan” was omitted by section 6(c)(iv) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "8 The word “Pakistan” was omitted by section 6(c)(iv) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "9 Section 3A was inserted by section 4 of the Pakistan Air Force (Amendment) Act, 1958 (Act No. VI of 1958)", "10 The words and comma “master warrant officers, warrant officers” were substituted for the words “Warrant officer” by section 6(d)(i) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "11 The words “or a master warrant officer or a warrant officer” were substituted for the words “or a warrant officers” by section 6(d)(ii) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "12 Clause (xix) was omitted by section 6(d)(iii) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "13 Clause (xxa) was inserted by section 6(d)(iv) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "14 The words and comma “master warrant officer, warrant officer” were substituted for the words “warrant officer” by section 6(d)(v) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "15 The words and comma “master warrant officers, warrant officers” were substituted for the words “warrant officers” by section 6(d)(v) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "16 The words and comma “master warrant officers, warrant officers” were substituted for the words “warrant officers” by section 6(d)(vi) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "17 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 6 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "18 The words and comma “master warrant officers,” were inserted after the word and comma “officers,” by section 6(e)(i) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "19 The word “lower” was substituted for the word “inferior” by section 6(e)(ii) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "20 The word “lower” was substituted for the word “inferior” by section 6(f) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "21 The words “master warrant officer or a warrant officer” were substituted for the words “warrant officer” by section 6(g) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "22 Section 12 was substituted by section 6(h) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "23 The words “Master warrant officer or warrant officer” were substituted for the words “Warrant officer” by section 6(i)(i) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "24 The words “master warrant officer or” were inserted after the word “aggrieved” by section 6(i)(ii) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "25 The words “master warrant officer or” were inserted after the word “Any officer or” by section 6(j) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "26 The words and comma “master warrant officer,” were inserted after the words and comma “Any officer,” by section 6(k) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "27 The words and comma “master warrant officer,” were inserted after the words and comma “Any officer,” by section 6(k) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "28 The words and comma “master warrant officers,” were inserted after the word and comma “officer,” by section 6(l) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "29 The words and comma “master warrant officers,” were inserted after the word and comma “officer,” by section 6(l) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "30 The words “master warrant officer or a” were inserted after the words “officer or a” by section 6(m) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "31 The words “master warrant officer or warrant officer” were substituted for the words “warrant officer” by section 6(n) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "32 Clause (dd) was inserted by section 7 of the Pakistan Air Force (Amendment) Act, 1963 (Act No. VIII of 1963)", "33 Section 106A was inserted by section 17 of the Pakistan Air Force (Amendment) Act, 1967 (Act No. VI of 1967)", "34 The word “Pakistan” was omitted by section 6(o) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "35 The word “Pakistan” was omitted by section 6(o) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "36 The words “master warrant officer or warrant officer” were substituted for the words “warrant officer” by section 6(p) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "37 The words “High Court Division” were substituted for the words “High Court” by section 6(q) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "38 The words “High Court Division” were substituted for the words “High Court” by section 6(q) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "39 The words “service of the Republic” were substituted for the words “service of the Government” by section 6(r) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "40 The words “master warrant officers or warrant officers” were substituted for the words “warrant officers” by section 6(s) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "41 The words “service of the Republic” were substituted for the words “service of the Government” by section 6(t) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "42 The words “the Government” were substituted for the words “that Government” by section 6(u) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "43 Throughout this Act, the word “Penal Code” were substituted for the words “Pakistan Penal Code” by section 6 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "44 The words “master warrant officer or” were inserted after the words “officer or” by section 6(v) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "45 The words “master warrant officer or warrant officer” were substituted for the words “warrant officer” by section 6(w) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "46 The comma and words “, master warrant officers and warrant officers” were substituted for the words “and warrant officers” by the section 6(x) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "47 Throughout this sections 193, 195, 196, 198, 199 and 200, the words “master warrant officer or warrant officer” were substituted for the words “warrant officer” by section 6 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।" ], "name": "The Air Force Act, 1953", "num_of_sections": 208, "published_date": "15th April, 1953", "related_act": [ 256, 96, 132, 69, 75, 237, 310, 248, 24 ], "repelled": false, "sections": [ { "act_id": 256, "details": "1. (1) This Act may be called the 2* * * Air Force Act, 1953. (2) It shall come into force on such date as the Government may, by notification, appoint in this behalf.", "name": "Short title and commencement", "related_acts": "256", "section_id": 1 }, { "act_id": 256, "details": "2. The following persons shall be subject to this Act wherever they may be, namely:- (a)\t 3officers, master warrant officers and warrant officers of the Air Force;  (b)\tpersons enrolled under the 4* * * Air Force Act, 1932, before the date notified in pursuance of sub-section (2) of section 1 and serving in the Air Force on that date, and persons enrolled under this Act; (c)\tpersons belonging to the Bangladesh Air Force Reserves in the circumstances prescribed by rules made under section 6 of the 5Army and Air Force Reserves Act, 1950; (d)\tpersons not otherwise subject to Air Force law who on active service, in camp, on the march, or at any frontier post specified by the Government, by notification in this behalf, are employed by, or are in the service of, or are followers of, or accompany any portion of, the Air Force; 6(dd)\tpersons not otherwise subject to Air Force law who are accused of- (i)\tseducing or attempting to seduce any person subject to this Act from his duty or allegiance to Government, or (ii)\thaving committed, in relation to any work of defence, arsenal, naval, military or air force establishment or station, ship or aircraft or otherwise in relation to the naval, military or air force affairs of Bangladesh, an offence under the Official Secrets Act, 1923. (e) to such extent and subject to such conditions as the Government may direct, persons subject to the 7* * * Army Act, 1952 (XXXIX of 1952), or the 8* * * Navy Ordinance, 1961 (XXXV of 1961), when seconded for service with the Air Force.", "name": "Persons subject to this Act", "related_acts": "237,132,248,310", "section_id": 2 }, { "act_id": 256, "details": "3. Every person subject to this Act under clauses (a) to (c) of section 2 shall remain so subject until duly retired, discharged, released, removed or dismissed from the service and every person subject to this Act under clause (e) of section 2 shall remain so subject during the period of his secondment to the Air Force.", "name": "Termination of application of the Act", "related_acts": "", "section_id": 3 }, { "act_id": 256, "details": "93A. The Government may by order in writing direct that any person referred to in clause (a), clause (b), clause (c) or clause (d) of section 2 shall, under such conditions as may be specified by regulations, be seconded for service with the Bangladesh Army or the Bangladesh Navy.", "name": "Secondment to Army or Navy", "related_acts": "", "section_id": 4 }, { "act_id": 256, "details": "4. In this Act, unless the context otherwise requires,- (i)\t“active service”, as applied to a person subject to this Act, means the time during which such person- (a)\tis attached to, or forms part of, a force which is engaged in operations against an enemy, or (b)\tis engaged in Air Force operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or (c)\tis attached to, or forms part of, a force which is in military occupation of any foreign country; (ii)\t“aircraft” includes aeroplanes, balloons, kite balloons, airships, gliders or other machines for flying; (iii)\t“aircraft material” includes any engines, fittings, guns, gear, instruments or apparatus for use in connection with aircraft, and any of its components and accessories and petrol, oil, and any other substance used for providing motive power for planes; (iv)\t“Air Force” means officers, 10master warrant officers, warrant officers and airmen who by their commission, junior commission, terms of enrolment or otherwise, are liable to render continuously for a term air force service to Bangladesh in every part of the world or any specified part of the world, including persons belonging to the Bangladesh Air Force Reserves when called up for training or exercise or into actual service; (v)\t“Air Force custody” means the arrest or confinement of a person according to the usages of the service and includes military or naval custody; (vi)\t“Air Force law” means the law enacted by this Act and the rules made thereunder and includes the usages of the service; (vii)\t\t“Air Force reward” includes any gratuity or annuity for long service or good conduct, badge pay or pension, and any other Air Force pecuniary reward; (viii) \t“airman” means any person subject to this Act other than an officer 11or a master warrant officer or a warrant officer; (ix)\t“air officer” means any officer of the Air Force above the rank of group captain; (x)\t“air signal” means any signal intended for the guidance of aircraft, whether given by flag, ground signal, light, wind indicator or in any manner whatsoever; (xi)\t“civil offence” means an offence which is triable by a criminal court; (xii)\t\t“civil prison” means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894, or under any other law for the time being in force; (xiii) \t“Chief of Air Staff” means the Officer Chief of Air Staff the Air Force; (xiv) \t“commanding officer” used in relation to a person subject to this Act, means the officer prescribed as commanding officer for the purpose of all or any of the provisions of this Act, or in the absence of any such prescription, the officer for the time being in command of the unit or detachment to which such person belongs or is attached; (xv)\t“court-martial” means a court-martial held under this Act; (xvi) \t“criminal court” means a court of ordinary criminal justice in any part of Bangladesh or established elsewhere by the authority of the Government; (xvii) \t“enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to naval, military or Air Force law to act; (xviii) \t“the Forces” means the regular Army, Navy and Air Force or any part or parts of any one or more of them; 12* * * (xx)\t“Judge Advocate General” means a person appointed as such by the Chief of Air Staff to give advice on matters relating to Air Force law and to perform such other duties of a legal character as may arise in connection therewith; 13(xxa) \t“master warrant officer” means a person commissioned, gazetted or in pay as a master warrant officer of the Air Force and includes an acting master warrant officer, and a master warrant officer of the Bangladesh Air Force Volunteer Reserve who is for the time being subject to this Act; (xxi) \t“non-commissioned officer” means a person holding a non-commissioned rank or an acting non-commissioned rank in the Air Force, and includes any person holding a non-commissioned rank or an acting non-commissioned rank in the Bangladesh Air Force Volunteer Reserve when subject to this Act; (xxii) \t“notification” means a notification published in the official Gazette; (xxiii) \t“offence” means any act or omission punishable under this Act, and includes a civil offence, as hereinbefore defined; (xxiv) \t“officer” means a person commissioned, gazetted or in the pay as an officer in the Air Force and includes- (i) \tan officer of the Bangladesh Air Force Voluntary Reserve who is for the time being subject to this Act; and (ii)\tan officer of the Bangladesh Army or the Bangladesh Navy when serving under the prescribed conditions; but does not include a junior commissioned officer, 14master warrant officer, warrant officer, petty officer or non-commissioned officer; (xxv) \t“prescribed” means prescribed by rules made under this Act; (xxvi) \t“provost-marshal” means a person appointed as such under this Act and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf; (xxvii) \t“regulation” includes a regulation made under this Act; (xxviii) \t“service” when qualifying institution, necessaries, books, band, mess, money, goods and other property, means belonging to or connected with the air service or any unit or part of a unit thereof; (xxix) \t“superior officer” when used in relation to a person subject to this Act, includes a warrant officer and a non-commissioned officer, and as regards persons serving under such conditions as may be prescribed, an officer, junior commissioned officer, 15master warrant officer, warrant officer, petty officer and non-commissioned officer of the regular Army or the Navy; (xxx) \t“unit” includes- (a)\tany body of officers and airmen or of officers, 16master warrant officers, warrant officers and airmen for which a separate authorised establishment exists; (b)\tany separate body of persons subject to this Act employed on any service and not attached to a unit as aforesaid; (c) any other separate body of persons composed wholly or partly of persons subject to this Act, and specified as a unit by the Government; (xxxi)\t“warrant officer” means a person commissioned, gazetted or in pay as a warrant officer of the Air Force and includes an acting warrant officer, and a warrant officer of the Bangladesh Air Force Volunteer Reserve who is for the time being subject to this Act; (xxxii) all words and expressions used herein and defined in the 17Penal Code and not hereinbefore defined, shall be deemed to have the meanings respectively assigned to them by that Code.", "name": "Definitions", "related_acts": "69", "section_id": 5 }, { "act_id": 256, "details": "5. (1) The Government may, by notification, apply, with or without modifications, all or any of the provisions of this Act to any force raised and maintained in Bangladesh and suspend the operation of any other enactment for the time being applicable to the said force. (2) The provisions of this Act so applied shall have effect in respect of persons belonging to the said force as they have effect in respect of persons subject to this Act holding in the Air Force the same or equivalent rank as the aforesaid persons hold for the time being in the said force. (3) The provisions of this Act so applied shall also have effect in respect of persons who are employed by, or are in the service of, or are followers of, or accompany any portion of the said force as they have effect in respect of persons subject to this Act under clause (d) of section 2. (4) While any of the provisions of this Act apply to the said force, the Government may, by notification, direct by what authority any jurisdiction, powers or duties incident to the operation of these provisions shall be exercised or performed in respect of the said force.", "name": "Application of Act to certain forces under the Government", "related_acts": "", "section_id": 6 }, { "act_id": 256, "details": "6. (1) The Government may, by notification, direct that any persons or class of persons subject to this Act under clause (d) of section 2, shall be so subject as officers, 18master warrant officer, warrant officers or non-commissioned officers, and may authorise any officer to give a like direction or to cancel such direction. (2) All persons subject to this Act other than officers, warrant officers and non-commissioned officers, shall, if they are not persons in respect of whom a notification or direction under sub-section (1) is in force, be deemed to be of a rank 19lower to that of a non-commissioned officer.", "name": "Special provision as to rank in certain cases", "related_acts": "", "section_id": 7 }, { "act_id": 256, "details": "7. (1) Every person subject to this Act, under clause (d) of section 2 shall for the purposes of this Act, be deemed to be under the commanding officer of the unit, or detachment, if any, to which he is attached, or if he is not so attached, under the command of any officer who may for the time being be named as his commanding officer by the officer commanding the force with which such person may for the time being be serving, or of any other prescribed officer, or if no such officer is named or prescribed, under the command of the said officer commanding the force. (2) An officer commanding a force shall not place a person subject to this Act under clause (d) of section 2 under the command of an officer of official rank 20lower to that of such person if there is present at the place where such person is any officer of higher rank under whose command he can be placed.", "name": "Commanding officers of persons subject to Air Force law under clause (d) of section 2", "related_acts": "", "section_id": 8 }, { "act_id": 256, "details": "8. (1) Whenever persons subject to this Act are serving whether within or without Bangladesh under an officer not subject to this Act, the Government may prescribe the officer by whom the powers which, under this Act, may be exercised by officers commanding units, shall, as regards such persons, be exercised. (2) The Government may confer such powers either absolutely or subject to such restrictions, reservations, exceptions and conditions as it may think fit.", "name": "Officers exercising powers in certain cases", "related_acts": "", "section_id": 9 }, { "act_id": 256, "details": "9. Any power or jurisdiction given to, and any act or thing to be done by, to, or before any person holding any Air Force appointment may be exercised by, or done by, to, or before any other person for the time being authorised in that behalf according to the custom of the service, or according to rules made under this Act.", "name": "Exercise of powers vested in holder of Air Force office", "related_acts": "", "section_id": 10 }, { "act_id": 256, "details": "10. Notwithstanding anything contained in clause (i) of section 4, the Government may, by notification, declare that any persons or class of persons subject to this Act, shall, with reference to any area in which they may be serving or with reference to any provision of this Act or of any other law for the time being in force, be deemed to be on active service within the meaning of this Act.", "name": "Power to declare persons to be on active service", "related_acts": "", "section_id": 11 }, { "act_id": 256, "details": "11. The President may grant to such person as he thinks fit a commission as an officer or a junior commission as a 21master warrant officer or a warrant officer of the Air Force.", "name": "Commission and appointment", "related_acts": "", "section_id": 12 }, { "act_id": 256, "details": "2212. No person who is not a citizen of Bangladesh shall, except with the consent of the Government signified in writing, be granted a Commission or junior commission or be enrolled in the Air Force.", "name": "Ineligibility of aliens for enrolment", "related_acts": "", "section_id": 13 }, { "act_id": 256, "details": "13. Upon the appearance before the prescribed enrolling officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or cause to be read and explained to him in his presence, the conditions of the service for which he is to be enrolled; and shall put to him the questions set forth in the prescribed form of enrolment, and shall, after having cautioned him that if he makes a false answer to any such question he will be liable to punishment under this Act, record or cause to be recorded his answer to each such question.", "name": "Procedure before enrolling officer", "related_acts": "", "section_id": 14 }, { "act_id": 256, "details": "14. If, after complying with the provisions of section 13, the enrolling officer is satisfied that the person desirous of being enrolled fully understands the questions put to him and consents to the conditions of service, and if such officer perceives no impediment, he shall sign and shall also cause such person to sign the enrolment paper, and such person shall thereupon be deemed to be enrolled.", "name": "Mode of enrolment", "related_acts": "", "section_id": 15 }, { "act_id": 256, "details": "15. Every person who has for the space of three months been in receipt of pay as a person enrolled under this Act and been borne on the rolls of any unit shall be deemed to have been duly enrolled and shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his enrolment or on any other ground whatsoever; and if any person in receipt of such pay and borne on the rolls as aforesaid claims his discharge before the expiry of three months from his enrolment, no such irregularity or illegality or other ground shall, until he is discharged in pursuance of his claim, affect his position as an enrolled person under this Act or invalidate any proceedings, act or thing taken or done prior to his discharge.", "name": "Validity of enrolment", "related_acts": "", "section_id": 16 }, { "act_id": 256, "details": "16. The following persons shall be attested, namely:- (a)\tall persons enrolled as combatants; (b)\tall other persons subject to this Act as may be prescribed by the Government.", "name": "Persons to be attested", "related_acts": "", "section_id": 17 }, { "act_id": 256, "details": "17. (1) When a person who is to be attested is reported fit for duty, or has completed the prescribed period of probation, an oath or affirmation shall be administered to him in the prescribed form by his commanding officer in front of his unit or such portion thereof as may be present, or by any other prescribed person. (2) The form of oath or affirmation prescribed under this section shall contain a promise that the person to be attested will be faithful to Bangladesh and its Constitution and bear true allegiance to the President of Bangladesh and that he will honestly and faithfully serve in the Air Force and go wherever he is ordered by land, sea or air and that he will obey all commands of any officer set over him, even to the peril of his life. (3) The fact of an enrolled person having taken the oath or affirmation directed by this section to be taken shall be entered on his enrolment paper, and authenticated by the signature of the officer administering the oath or affirmation.", "name": "Mode of attestation", "related_acts": "", "section_id": 18 }, { "act_id": 256, "details": "18. Every person subject to this Act shall hold office during the pleasure of the President.", "name": "Tenure of service under the Act", "related_acts": "", "section_id": 19 }, { "act_id": 256, "details": "19. Subject to the provisions of this Act and the rules and regulations made thereunder, the Government may dismiss or remove from the service any person subject to this Act.", "name": "Termination of service by Government", "related_acts": "", "section_id": 20 }, { "act_id": 256, "details": "20. (1) The Chief of Air Staff, or any officer, empowered in this behalf under the rules may at any time dismiss or remove from the service any person subject to this Act other than an officer. (2) The Chief of Air Staff or any officer empowered in this behalf under the rules may reduce to a lower grade, or to a lower rank or to the ranks, any non-commissioned officer. (3) The Chief of Air Staff or any officer empowered in this behalf under the rules may reduce to a lower class in the ranks any airman other than a non-commissioned officer. (4) The commanding officer of an acting non-commissioned officer may order him to revert to his substantive rank as a non-commissioned officer, or if he has no substantive rank, to the ranks. (5) On active service, an officer commanding the air forces in the field may reduce to a lower rank or to the ranks any non-commissioned officer under his command. (6) The exercise of any powers under this section shall be subject to the other provisions contained in this Act, and the rules and regulations made thereunder.", "name": "Dismissal, removal or reduction by Commander of Air Staff or other officers", "related_acts": "", "section_id": 21 }, { "act_id": 256, "details": "21. Any person subject to this Act may be retired, released or discharged from the service by such authority and in such manner as may be prescribed.", "name": "Retirement, release or discharge", "related_acts": "", "section_id": 22 }, { "act_id": 256, "details": "22. Every warrant officer, or enrolled person who is dismissed, removed, discharged, retired or released from the service shall be furnished by his commanding officer with a certificate setting forth- (a)\tthe authority terminating his service; (b)\tthe cause for such termination; and (c)\tthe full period of his service in the Air Force.", "name": "Certificate on termination of service", "related_acts": "", "section_id": 23 }, { "act_id": 256, "details": "23. (1) Any person enrolled under this Act who is entitled under the conditions of his enrolment to be discharged, or whose discharge is ordered by a competent authority, and who, when he is so entitled or ordered to be discharged, is serving out of Bangladesh, and requests to be sent to Bangladesh, shall, before being discharged, be sent to Bangladesh with all convenient speed. (2) Any person enrolled under this Act who is dismissed from the service and who, when he is so dismissed, is serving out of Bangladesh, shall be sent to Bangladesh with all convenient speed. (3) Where any such person as is mentioned in sub-section (2) is sentenced to dismissal combined with any other punishment, such other punishment, or, in the case of a sentence of imprisonment or detention, a portion of such sentence, may be inflicted before he is sent to Bangladesh. (4) For the purposes of this section, the word “discharge” includes release, and the word “dismissal” includes removal.", "name": "Discharge or dismissal when out of Bangladesh", "related_acts": "", "section_id": 24 }, { "act_id": 256, "details": "24. Subject to the provisions of any law for the time being in force relating to the Air Force or to any branch thereof, the Government may, by notification, make rules restricting in such manner and to such extent as may be specified the right of any person subject of this Act- (a) \tto be a member of, or to be associated in any way with, any trade union or labour union, or any class of trade or labour union or any society, institution or association, or any class of societies, institutions or associations; (b)\tto attend or address any meeting or to take part in any demonstration organised by any body of persons for any political or other purposes; (c)\tto communicate with the press or to publish or cause to be published any book, letter or other document.", "name": "Power to modify certain fundamental rights in their application to persons subject to this Act", "related_acts": "", "section_id": 25 }, { "act_id": 256, "details": "25. The pay and allowances of every person subject to this Act due to him as such under any regulation for the time being in force, shall be paid without any deduction other than the deductions authorised by or under this or any other Act, or prescribed by the Government.", "name": "Authorised deductions only to be made from pay", "related_acts": "", "section_id": 26 }, { "act_id": 256, "details": "26. (1) Any 23Master warrant officer or warrant officer or airman who deems himself wronged by any superior or other officer may, if not attached to a unit or detachment, complain to the officer under whose command or order he is serving; and may, if attached to a unit or detachment, complain to the officer commanding the same. (2) When the officer complained against is the officer to whom any complaint should, under sub-section (1) be preferred, the aggrieved 24master warrant officer or warrant officer or airman may complain to such officer's next superior officer, and if he thinks himself wronged by such superior officer, he may complain to the Chief of Air Staff. (3) Every officer receiving any such complaint shall make as complete an investigation into it as may be possible for giving full redress to the complainant; or when necessary, refer the complaint to a superior authority. (4) Every such complaint shall be preferred in such manner as may from time to time be specified by the proper authority. (5) The Government may revise any decision by the Chief of Air Staff under sub-section (2), but subject thereto, the decision of the Chief of Air Staff shall be final.", "name": "Remedy of aggrieved warrant officers and airmen", "related_acts": "", "section_id": 27 }, { "act_id": 256, "details": "27. Any officer who deems himself wronged by his commanding officer or any superior officer, and who on due application made to his commanding officer, does not receive the redress to which he considers himself entitled, may complain to the Government in such manner as may from time to time be specified by the proper authority.", "name": "Remedy of aggrieved officers", "related_acts": "", "section_id": 28 }, { "act_id": 256, "details": "28. The arms, clothes, equipment, accoutrement or necessaries of any person subject to this Act shall not be seized, and the pay and allowances of any such person or any part thereof shall not be attached, by direction of any civil or revenue court or any revenue officer, in satisfaction of any decree or order enforceable against him.", "name": "Immunity from attachment", "related_acts": "", "section_id": 29 }, { "act_id": 256, "details": "29. (1) No person subject to this Act shall so long as he belongs to the Air Force, be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue court or revenue officer. (2) The judge of any such court or the said officer may examine into any complaint made by such person or his superior officer of the arrest of such person contrary to the provisions of this section, and may by warrant under his hand, discharge the person, and award reasonable costs to the complainant, who may recover these costs in like manner as he might have recovered costs awarded to him by a decree against the person obtaining the process. (3) For the recovery of such costs no court-fee shall be payable by the complainant.", "name": "Immunity from arrest for debt", "related_acts": "", "section_id": 30 }, { "act_id": 256, "details": "30. (1) No president or member of a court-martial, no judge advocate, no party to any proceeding before a court-martial, or his legal practitioner or agent, and no witness acting in obedience to a summons to attend a court-martial, shall, while proceeding to, attending, or returning from a court-martial, be liable to arrest by civil or revenue process. (2) If any such person is arrested under any such process, he may be discharged by order of the court-martial.", "name": "Immunity of persons attending courts-martial from arrest", "related_acts": "", "section_id": 31 }, { "act_id": 256, "details": "31. Every person belonging to the Air Force Reserve shall, when called out for, or engaged in, or returning from training or service, be entitled to all the privileges accorded by sections 28 and 29 to a person subject to this Act.", "name": "Privileges of reservists", "related_acts": "", "section_id": 32 }, { "act_id": 256, "details": "32. (1) On the presentation to any court by or on behalf of any person subject to this Act of a certificate, from the proper Air Force authority, of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for. (2) The certificate from the proper Air Force authority shall state the first and last day of the leave or intended leave, and set forth a description of the case with respect to which the leave was granted or applied for. (3) No fee shall be payable to the court in respect of the presentation of any such certificate or of any application by or on behalf of any such person for priority for the hearing of his case. (4) Where the court is unable to arrange for the hearing and final disposal of the suit or other proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons for its inability to do so, and shall cause a copy thereof to be furnished to such person on his application without any payment whatever by him in respect either of the application for such copy or of the copy itself. (5) If in any case a question arises as to the proper Air Force authority qualified to grant such certificate as aforesaid, such question shall be at once referred by the court to an officer, commanding an Air Force station or a superior Air Force authority whose decision shall be final.", "name": "Priority in respect of Air Force personnel’s litigation", "related_acts": "", "section_id": 33 }, { "act_id": 256, "details": "33. The rights and privileges specified in the preceding sections of this Chapter shall be in addition to any others conferred on persons subject to this Act or on members of the regular Army, Navy and Air Force generally by any other law for the time being in force.", "name": "Saving of rights and privileges under other laws", "related_acts": "", "section_id": 34 }, { "act_id": 256, "details": "34. Any person subject to this Act, who commits any of the following offences, that is to say:- (a)\tshamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit the said act; (b)\tintentionally uses any means to compel or induce any person subject to Military, Naval or Air Force law to abstain from acting against the enemy, or to discourage such person from acting against the enemy; or (c)\tin the presence of the enemy shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or (d)\ttreacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against Bangladesh; or (e)\tdirectly or indirectly assists the enemy with money, arms, ammunition, stores or supplies; or (f)\ttreacherously or through cowardice sends a flag of truce to the enemy; or (g)\tin time of war or during any Air Force operation, intentionally occasions a false alarm in action, camp or quarters or spreads reports calculated to create alarm or despondency; or (h)\tin time of action leaves his commanding officer or his post, guard, piquet, patrol or party without being regularly relieved or without leave; or (i)\thaving been made a prisoner of war, voluntarily serves with or aids the enemy; or (j)\tknowingly harbours or protects an enemy not being a prisoner; or (k)\tbeing a sentry in time of war or alarm, sleeps upon his post or is intoxicated; or (l)\tknowingly does any act calculated to imperil the success of the Military, Naval or Air Forces of Bangladesh or any forces co-operating therewith or any part of such forces; or (m)\ttreacherously or shamefully causes the capture or destruction by the enemy of any aircraft belonging to the Government; or (n)\ttreacherously uses any false air signal or alters or interferes with any air signal; or (o)\twhen ordered by his superior officer or otherwise under orders to carry out any Air Force operations, treacherously or shamefully fails to use his utmost exertions to carry such orders into effect; shall, on conviction by court-martial, be liable to suffer death.", "name": "Offences in relation to the enemy and punishable with death", "related_acts": "", "section_id": 35 }, { "act_id": 256, "details": "35. Any person subject to this Act who commits any of the following offences, that is to say:- (a)\tis taken prisoner, by want of due precaution, or through disobedience of orders, or wilful neglect of duty, or having been taken prisoner, fails to rejoin his service when able to do so; or (b)\twithout due authority holds correspondence with or communicates intelligence to the enemy; or having come by the knowledge of any such correspondence or communication wilfully omits to discover it immediately to his commanding or other superior officer; or (c)\twithout due authority sends flag of truce to the enemy; or (d)\tnegligently causes the capture or destruction by the enemy of any aircraft belonging to the Government; or (e)\twhen ordered by his superior officer, or otherwise under orders to carry out any warlike operations in the air, negligently or through other default fails to use his utmost exertions to carry such orders into effect; shall, on conviction by court-martial, be liable to suffer long imprisonment.", "name": "Offences in relation to the enemy and not punishable with death", "related_acts": "", "section_id": 36 }, { "act_id": 256, "details": "36. Any person subject to this Act who commits any of the following offences, that is to say:- (a)\tforces a safeguard, or forces or uses criminal force to a sentry; or  (b)\tbreaks into any house or other place in search of plunder; or (c)\tbeing a sentry sleeps upon his post, or is intoxicated; or (d)\twithout orders from his superior officer leaves his guard, piquet, patrol or post ; or (e)\tintentionally or through neglect occasions a false alarm in camp or quarters; or spreads reports calculated to create unnecessary alarm or despondency; or (f)\tmakes known the parole, watchword or countersign to any person not entitled to receive it; or knowingly gives a parole, watchword or countersigns different from what he received ; or (g)\twithout due authority alters or interferes with any air signal; shall, on conviction by court-martial, if he commits any such offence when on active service, be liable to suffer long imprisonment; and if he commits any such offence when not on active service, be liable to suffer short imprisonment.", "name": "Offences punishable more severely on active service than at other terms", "related_acts": "", "section_id": 37 }, { "act_id": 256, "details": "37. Any person subject to this Act who commits any of the following offences, that is to say:- (a)\tbegins, incites, causes, or conspires with any other person to cause, any mutiny in the Military, Naval or Air Forces of Bangladesh or any forces co-operating therewith; or (b)\tjoins in any such mutiny; or (c)\tbeing present at any such mutiny, does not use his utmost endeavours to suppress the same; or (d)\tknowing or having reason to believe in the existence of any such mutiny, or of any intention to commit such mutiny or any such conspiracy, does not, without delay, give information thereof to his commanding or other superior officer; or  (e)\tendeavours to seduce any person in the Military, Naval or Air Forces of Bangladesh form his duty or allegiance to the Government; shall, on conviction by court- martial, be liable to suffer death.", "name": "Mutiny", "related_acts": "", "section_id": 38 }, { "act_id": 256, "details": "38. (1) Any person subject to this Act who deserts or attempts to desert the service, shall on conviction by court-martial,- if he commits the offence on active service or when under orders for active service, be liable to suffer long imprisonment; and if he commits the offence under any other circumstances, be liable to suffer short imprisonment. (2) Any person subject to this Act,- who knowingly harbours any such deserter ; or who being cognisant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Desertion and aiding desertion", "related_acts": "", "section_id": 39 }, { "act_id": 256, "details": "39. Any person subject to this Act who commits any of the following offences, that is to say,- (a)\tabsents himself without leave; or (b)\twithout sufficient cause overstays leave granted to him; or (c)\tbeing on leave of absence and having received information from proper authority that any unit or detachment to which he belongs, has been ordered on active service fails, without sufficient cause, to rejoin without delay; or (d)\twithout sufficient cause fails to appear at the time fixed, at the parade or place appointed for exercise or duty; or  (e)\twhen on parade, or on the line of march, without sufficient cause, or without leave from his superior officer, quits the parade or line of march; or (f)\twhen in camp or elsewhere, is found beyond any limits fixed, or in any place prohibited by any general, local or other order without a pass or written leave from his superior officer; or (g)\twithout leave from his superior officer or without due cause, absents himself from any school when duly ordered to attend there; shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Absence without leave", "related_acts": "", "section_id": 40 }, { "act_id": 256, "details": "40. Any person subject to this Act who commits any of the following offences, that is to say,- (a)\tuses criminal force to, or assaults his superior officer; or (b)\tuses threatening language to such officer; or (c)\tuses insubordinate language to such officer; shall, on conviction by court-martial, if such officer is at the time in the execution of his office or, if the offence is committed on active service, be liable to suffer long imprisonment; and in other cases, be liable to suffer short imprisonment.", "name": "Striking or threatening superior officer", "related_acts": "", "section_id": 41 }, { "act_id": 256, "details": "41. (1) Any person subject to this Act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally or in writing or by signal or otherwise shall, on conviction by court-martial, be liable to suffer long imprisonment. (2) Any person subject to this Act, who disobeys any lawful command given by his superior officer shall, on conviction by court-martial,- if he commits such offence when on active service, be liable to suffer long imprisonment; and  if he commits such offence when not on active service, be liable to suffer short imprisonment.", "name": "Disobedience to superior officer", "related_acts": "", "section_id": 42 }, { "act_id": 256, "details": "42. Any person subject to this Act, who commits any of the following offences, that is to say:- (a)\tbeing concerned in any quarrel, affray or disorder, refuses to obey any officer, though of inferior rank, who orders him into arrest, or uses criminal force to or assaults any such officer; or (b)\tuses criminal force to, or assaults any person, whether subject to this Act or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or (c)\tresists an escort whose duty it is to apprehend him or to have him in charge; or (d)\tbreaks out of barracks, camp or quarters; or (e)\tneglects to obey any general, local or other order; or (f)\timpedes the provost-marshal or any person lawfully acting on his behalf, or when called upon, refuses to assist in the execution of his duty a provost-marshal or any person lawfully acting on his behalf; or (g)\tuses criminal force to, or assaults any person bringing provisions or supplies to the Forces; shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Insubordination and obstruction", "related_acts": "", "section_id": 43 }, { "act_id": 256, "details": "43. Any person subject to this Act who commits any of the following offences, that is to say:- (a)\twithout having obtained a regular discharge from the Air Force or otherwise fulfilled the conditions enabling him to enrol or enter, enrols himself in, or enters the said force or any part of the Military or Naval Forces of Bangladesh; or (b)\tis concerned in the enrolment in any part of the forces of any person, when he knows or has reason to believe such person to be so circumstanced that by enrolling he commits an offence against this Act; shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Fraudulent enrolment", "related_acts": "", "section_id": 44 }, { "act_id": 256, "details": "44. Any person having become subject to this Act who is discovered to have made at the time of enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled, shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "False answers on enrolment", "related_acts": "", "section_id": 45 }, { "act_id": 256, "details": "45. Any officer or 25master warrant officer or warrant officer who behaves in a manner unbecoming his position and the character expected of him shall, on conviction by court-martial, be liable to be dismissed.", "name": "Unbecoming conduct", "related_acts": "", "section_id": 46 }, { "act_id": 256, "details": "46. Any person subject to this Act who commits any of the following offences, that is to say,- (a)\tis guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or (b)\tmalingers, or feigns, or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or (c)\twith intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person; shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Certain forms of disgraceful conduct", "related_acts": "", "section_id": 47 }, { "act_id": 256, "details": "47. Any officer, 26master warrant officer, warrant officer or non-commissioned officer, who uses criminal force to or otherwise ill-treats any person subject to this Act, being his subordinate in rank or position, shall , on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Ill- treating a subordinate", "related_acts": "", "section_id": 48 }, { "act_id": 256, "details": "48. (1) Any person subject to this Act who is found in a state of intoxication, whether on duty or not, shall, on conviction by court-martial, if he is an officer, be liable to be dismissed; and if he is not an officer, be liable, subject to the provisions of sub-section (2), to suffer short imprisonment. (2) When an offence of being intoxicated is committed by a person other than an officer when not on active service, or not on duty, the sentence imposed shall not exceed detention for a period of six months.", "name": "Intoxication", "related_acts": "", "section_id": 49 }, { "act_id": 256, "details": "49. Any person subject to this Act who commits any of the following offences, that is to say:- (a)\twhen in command of a guard, piquet, patrol or post, releases without proper authority, whether wilfully or without reasonable excuse any person committed to his charge or refuses to receive any prisoner or person so committed; or (b)\twilfully or without reasonable excuse allows to escape any person who is committed to his charge, or whom it is his duty to keep or guard; shall, on conviction by court-martial, be liable, if he has acted wilfully, to suffer long imprisonment; and if he has not acted wilfully, to suffer short imprisonment.", "name": "Permitting escape of person in custody", "related_acts": "", "section_id": 50 }, { "act_id": 256, "details": "50. Any person subject to this Act, who commits any of the following offences, that is to say,- (a)\tunnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation; or (b)\thaving committed a person to Air Force custody fails without reasonable cause to deliver at the time of such committal, or as soon as practicable, and in any case within forty-eight hours thereafter, to the officer or other person into whose custody the person arrested is committed, an account in writing signed by himself of the offence with which the person so committed is charged;  shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Irregularity in connection with arrest or confinement", "related_acts": "", "section_id": 51 }, { "act_id": 256, "details": "51. Any person subject to this Act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Escape from custody", "related_acts": "", "section_id": 52 }, { "act_id": 256, "details": "52. Any person subject to this Act who commits any of the following offences, that is to say:- (a)\tcommits theft of any property belonging to the Government, or to any Military, Naval or Air Force mess, band or institution, or to any person subject to Military, Naval or Air Force law; or serving with, or attached to, the Air Force; or (b)\tdishonestly misappropriates or converts to his own use any such property; or (c)\tcommits criminal breach of trust in respect of any such property; or (d)\tdishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence; or (e)\twilfully destroys or injures any property of the Government entrusted to him; or (f)\tdoes any other thing with intent to defraud, or to cause wrongful gain to one person or wrongful loss to another person; shall, on conviction by court-martial, be liable to suffer long imprisonment.", "name": "Offences in respect of property", "related_acts": "", "section_id": 53 }, { "act_id": 256, "details": "53. Any person subject to this Act who commits any of the following offences, that is to say:- (a)\tcommits extortion; or (b)\twithout proper authority exacts from any person money, provisions or service; shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Extortion and corruption", "related_acts": "", "section_id": 54 }, { "act_id": 256, "details": "54. Any person subject to this Act who commits any of the following offences, that is to say:- (a)\tmakes away with , or is concerned in making away with, any arms, ammunition, equipment, instruments, tools, clothing or any other thing being the property of the Government issued to him for his use or entrusted to him; or (b)\tloses by neglect anything mentioned in clause (a); or (c)\tsells, pawns, destroys or defaces any medal or decoration granted to him; shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Making away with equipment", "related_acts": "", "section_id": 55 }, { "act_id": 256, "details": "55. Any person subject to this Act, who commits any of the following offences, that is to say:- (a)\tdestroys or injures any property mentioned in clause (a) of section 54, or any property belonging to any Military, Naval or Air Force mess, band or institution, or to any person subject to Military, Naval or Air Force law, or serving with, or attached to, the Air Force; or (b)\tcommits any act which causes damage to, or destruction of, any property of the Government by fire; or (c)\tkills, injures, makes away with , ill-treats or loses any animal entrusted to him; shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Injury to property", "related_acts": "", "section_id": 56 }, { "act_id": 256, "details": "56. Any person subject to this Act, who commits any of the following offences, that is to say:- (a)\tmakes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false; or (b)\tin making a complaint under section 26 or section 27 makes any statement affecting the character of any person subject to this Act, knowing or having reason to believe such statement to be false, or knowingly and wilfully suppresses any material facts;  shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "False accusation", "related_acts": "", "section_id": 57 }, { "act_id": 256, "details": "57. Any person subject to this Act, who commits any of the following offences, that is to say:- (a)\tin any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement; or (b)\tin any document of the description mentioned in clause (a) knowingly makes, or is privy to the making of, any omission, with intent to defraud; or (c)\tknowingly and with intent to injure any person or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce; or (d)\twhere it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration; or (e)\tobtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement; shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Falsifying official document and false declaration", "related_acts": "", "section_id": 58 }, { "act_id": 256, "details": "58. Any person subject to this Act who commits any of the following offences, that is to say:- (a)\twhen signing any document relating to pay, arms, ammunition, equipment, clothing, supplies or stores, or any property of the Government fraudulently leaves in blank any material part for which his signature is a voucher; or  (b)\trefuses or by culpable neglect omits to make or send a report or return which it is his duty to make or send; shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Signing in blank and failure to report", "related_acts": "", "section_id": 59 }, { "act_id": 256, "details": "59. Any person subject to this Act who commits any of the following offences, that is to say:- (a)\tbeing duly summoned or ordered to attend as a witness before a court-martial wilfully or without reasonable excuse, makes default in attending; or (b)\trefuses to take an oath or make an affirmation legally required by a court-martial to be taken or made; or (c)\trefuses to produce or deliver any document in his power or control legally required by a court-martial to be produced or delivered by him; or (d)\trefuses when a witness to answer any question which he is by law bound to answer; or (e)\tis guilty of contempt of court-martial by using insulting or threatening language , or by causing any interruption or disturbance in the proceedings of such court; shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Offences relating to courts-martial", "related_acts": "", "section_id": 60 }, { "act_id": 256, "details": "60. Any person subject to this Act who, having been duly sworn or affirmed before any court-martial, or other authority competent under this Act to administer an oath or affirmation, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "False evidence", "related_acts": "", "section_id": 61 }, { "act_id": 256, "details": "61. Any officer, 27master warrant officer, warrant officer or non-commissioned officer who, having received the pay of a person subject to this Act unlawfully detains or refuses to pay the same when due, shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Unlawful detention of pay", "related_acts": "", "section_id": 62 }, { "act_id": 256, "details": "62. Any person subject to this Act who commits any of the following offences, that is to say:- (a)\twilfully or without reasonable excuse damages, destroys or loses any aircraft or aircraft material belonging to the Government; or (b)\tis guilty of any act or neglect likely to cause such damage, destruction or loss; or (c)\twithout lawful authority disposes of any aircraft or aircraft material belonging to the Government; or (d)\tis guilty of any act or neglect in flying, or in the use of any aircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person; or (e)\tduring a state of war, wilfully and without proper occasion, or negligently, causes the sequestration, by or under the authority of a neutral State, or the destruction in a neutral State, of any aircraft belonging to the Government; shall, on conviction by court-martial, be liable, if he has acted wilfully, to suffer long imprisonment, and, in any other case, to suffer short imprisonment.", "name": "Offences in relation to aircraft and flying", "related_acts": "", "section_id": 63 }, { "act_id": 256, "details": "63. Any person subject to this Act who commits any of the following offences, that is to say:- (a)\tsigns any certificate in relation to an aircraft or aircraft material belonging to the Government without ensuring the accuracy thereof; or (b)\tbeing the pilot of an aircraft belonging to the Government, flies it at a height less than such height as may be specified by the Chief of Air Staff, except while taking off or landing, or in such other circumstances as may be specified by the Chief of Air Staff; or (c)\tbeing the pilot of an aircraft belonging to the Government , flies it so as to cause, or to be likely to cause, unnecessary annoyance to any person; shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Other offences relating to aircraft and flying", "related_acts": "", "section_id": 64 }, { "act_id": 256, "details": "64. Any person subject to this Act who, whatever his rank, commits any of the following offences, that is to say:- (a)\twhile he is in an aircraft disobeys any lawful command given by the captain of the aircraft, whether such captain is subject to this Act or not as respects all matters relating to the flying or handling of the aircraft, or affecting the safety thereof; or (b)\tbeing the captain of a glider aircraft towed by another aircraft disobeys any lawful command given by the captain of the towing aircraft, whether the latter is subject to this Act or not, as respect all matters aforesaid; shall, on conviction by court-martial, be liable to suffer long imprisonment.", "name": "Disobedience of lawful command of captain of aircraft", "related_acts": "", "section_id": 65 }, { "act_id": 256, "details": "65. Any person subject to this Act who is guilty of any act or omission which though not specified in this Act, is prejudicial to good order and Air Force discipline shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Violation of good order and Air Force discipline", "related_acts": "", "section_id": 66 }, { "act_id": 256, "details": "66. Any person subject to this Act who commits any of the following offences, that is to say:- (a)\tbeing in command at any post or on the march and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has disturbed any fair or market, or committed any riot or trespass, fails to have due reparation made to the injured person or to report the case to the proper authority; or (b)\tby defiling any place of worship, or otherwise, intentionally insults the religion or wounds the religious feelings of any person; or (c)\tattempts to commit suicide, and in such attempt does any act towards the commission of such offence; or (d)\tbeing below the rank of warrant officer, when off duty, appears, without proper authority, in or about camp or cantonments, or in or about, or when going to or returning from, any town or bazar, carrying a rifle, sword or other offensive weapon; or  (e)\tdirectly or indirectly accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any gratification as a motive or reward for procuring the enrolment of any person, or leave of absence, promotion or any other advantage or indulgence for any person in the service; or (f)\tcommits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving; shall, on conviction by court-martial, be liable to suffer short imprisonment.", "name": "Miscellaneous offences", "related_acts": "", "section_id": 67 }, { "act_id": 256, "details": "67. Any person subject to this Act who attempts to commit any of the offences specified in sections 34 to 66 inclusive, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence shall, on conviction by court-martial, where no express provision is made by this Act for the punishment of such attempt, be liable, if the offence attempted to be committed is punishable with death, to suffer long imprisonment; and if the offence attempted to be committed is punishable with imprisonment to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence.", "name": "Attempt", "related_acts": "", "section_id": 68 }, { "act_id": 256, "details": "68. Any person subject to this Act who abets the commission of any of the offences specified in sections 34 to 66 inclusive, shall, on conviction by curt-martial, if the act abetted is committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer the punishment provided for that offence.", "name": "Abetment of offences that have been committed", "related_acts": "", "section_id": 69 }, { "act_id": 256, "details": "69. Any person subject to this Act who abets the commission of any of the offences punishable with death under sections 34 and 37 shall, on conviction by court-martial, if that offence be not committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer long imprisonment.", "name": "Abetment of offences punishable with death and not committed", "related_acts": "", "section_id": 70 }, { "act_id": 256, "details": "70. Any person subject to this Act who abets the commission of any of the offences specified in sections 34 to 66 inclusive, and punishable with imprisonment shall, on conviction by court-martial, if that offence be not committed in consequence of the abetment, and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence.", "name": "Abetment of offences punishable with imprisonment and not committed", "related_acts": "", "section_id": 71 }, { "act_id": 256, "details": "71. (1) Subject to the provisions of section 72, any person subject to this Act who at any place in or beyond Bangladesh commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be dealt with under this Act and, on conviction, be punishable as follows, that is to say:- (a)\tif the offence is one which would be punishable under any law in force in Bangladesh with death or with transportation, he shall be liable to suffer any punishment, other than transportation or whipping, assigned for the offence by the aforesaid law and such less punishment as is in this Act mentioned: Provided that, where transportation is assigned as a punishment for the offence by the law of Bangladesh, he shall be liable to suffer, in lieu of transportation, rigorous imprisonment for a term not exceeding the term of transportation awardable under such law for that offence; rigorous imprisonment for fourteen years being deemed for this purpose the equivalent of transportation for life; and (b) in any other case, he shall be liable to suffer any punishment, other than whipping, assigned for the offence by any law in force in Bangladesh, or to suffer short imprisonment or such less punishment as is in this Act mentioned. (2) The powers of a court-martial or an officer exercising authority under section 82 or section 86 to change and to punish any person under this section shall not be affected by reason of the fact that the civil offence with which such person is charged is also an Air Force offence. (3) Notwithstanding anything contained in this Act or in any other law for the time being in force, a person who becomes subject to this Act by reason of his being accused of an offence mentioned in clause (d) of sub-section (1) of section 2 shall be liable to be tired or otherwise dealt with under this Act for such offence as if the offence were an offence against this Act and were committed at the time when such person was subject to this Act; and the provisions of this section shall have effect accordingly.", "name": "Civil offences", "related_acts": "", "section_id": 72 }, { "act_id": 256, "details": "72. A person subject to this Act who commits an offence of murder against a person not subject to Military, Naval or Air Force law, or of culpable homicide not amounting to murder against such a person, or of rape in relation to such a person, shall not be deemed to be guilty of an offence under this Act and shall not be tried by a court-martial, unless he commits any of the said offences:- (a)\twhile on active service, or (b)\tat any place outside Bangladesh, or (c)\tat a frontier post specified by the Bangladesh Government by notification in this behalf.", "name": "Civil offences not triable by courts-martial", "related_acts": "", "section_id": 73 }, { "act_id": 256, "details": "73. Punishments may be inflicted in respect of offences committed by persons subject to this Act and convicted by courts-martial according to the scale following, that is to say:- (a)\tdeath; (b)\tlong imprisonment, which shall be rigorous and for a term not exceeding fourteen years; (c)\tshort imprisonment, which may be rigorous or simple, for a term not exceeding two years; (d)\tdetention for a term not exceeding two years in the case of airmen; (e)\tdismissal from service;  (f)\treduction to the ranks or to a lower rank or to a lower grade, in the case of non-commissioned officers; (g)\tforfeiture of seniority of rank, in the case of officers, 28master warrant officers, warrant officers and non-commissioned officers; and forfeiture of all or any part of their service for the purpose of promotion, in the case of any of them whose promotion depends upon length of service; (h)\tforfeiture of service for the purpose of increased pay, pension or any other prescribed purpose; (i)\tsevere reprimand or reprimand, in the case of officers, 29master warrant officers, warrant officers and non-commissioned officers; (j)\tforfeiture of pay and allowances for a period not exceeding three months for an offence committed on active service; (k)\tforfeiture in the case of a person sentenced to dismissal from the service, of all arrears of pay and allowances and other public money due to him at the time of such dismissal; (l) \tstoppages of pay and allowances until any proved loss or damage occasioned by the offence of which he is convicted is made good.", "name": "Punishments awardable by courts-martial", "related_acts": "", "section_id": 74 }, { "act_id": 256, "details": "74. Subject to the provisions of this Act, a court-martial, may, on convicting a person subject to this Act of any of the offences specified in sections 34 to 70 inclusive, award either the particular punishment with which the offence is stated in the said sections to be punishable, or, in lieu thereof, any one of the punishments lower in the scale set out in section 73, regard being had to the nature and degree of the offence.", "name": "Alternate punishments awardable by courts-martial", "related_acts": "", "section_id": 75 }, { "act_id": 256, "details": "75. A sentence of a court-martial may award, in addition to or without any one other punishment, the punishment specified in clause (e) of section 73 and any one or more of the punishments specified in clauses (f) to (l) of that section.", "name": "Combination of punishments", "related_acts": "", "section_id": 76 }, { "act_id": 256, "details": "76. Whenever an officer or a 30master warrant officer or a warrant officer is sentenced to imprisonment, the Court shall, by its sentence, sentence such officer or warrant officer to be dismissed from the service.", "name": "Dismissal of officers and warrant officers", "related_acts": "", "section_id": 77 }, { "act_id": 256, "details": "77. (1) Where any person subject to this Act and under the rank of warrant officer commits any offence on active service, it shall be lawful for a court-martial to award for that offence any such punishment as is prescribed as a filed punishment. (2) Field punishment shall be of the character of personal restraint or of hard labour but shall not be of a nature to cause injury to life or limb and shall not include flogging.", "name": "Field punishment", "related_acts": "", "section_id": 78 }, { "act_id": 256, "details": "78. Field punishment shall for the purpose of commutation, be deemed to stand next below dismissal in the scale of punishments specified in section 73.", "name": "Position of field punishment in scale of punishments", "related_acts": "", "section_id": 79 }, { "act_id": 256, "details": "79. A non-commissioned officer sentenced by a court-martial to imprisonment, detention, field punishment or dismissal from the service shall be deemed to be reduced to the ranks.", "name": "Result of certain punishments in the case of a non-commissioned officer", "related_acts": "", "section_id": 80 }, { "act_id": 256, "details": "80. When, on active service, any enrolled person has been sentenced by a court-martial to dismissal or to imprisonment or detention, whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks and such service, shall be reckoned as part of his term of imprisonment or detention, if any.", "name": "Retention in the ranks of a person convicted on active service", "related_acts": "", "section_id": 81 }, { "act_id": 256, "details": "81. Punishments may also be inflicted in respect of offences committed by persons subject to this Act without the intervention of a court-martial and in the manner stated in sections 82 and 86.", "name": "Punishments otherwise than by court-martial", "related_acts": "", "section_id": 82 }, { "act_id": 256, "details": "82. Subject to the provisions of sections 83 and 84, a commanding officer or such other officer as is, with the consent of the Government, specified by the Chief of Air Staff, may, in the prescribed manner, proceed against a person subject to this Act otherwise than as an officer or 31master warrant officer or warrant officer who is charged with an offence under this Act and award such person, to the extent prescribed, one or more of the following punishments, that is to say:- (a)\tdetention up to twenty-eight days; (b)\tconfinement to the camp up to fourteen days; (c)\textra guard or duties not exceeding three in number; (d)\tdeprivation of acting rank; 32(dd) \trelinquishment of substantive rank; (e)\tforfeiture of badge pay; (f)\tsevere reprimand or reprimand; (g)\tfine up to fourteen days' pay in any one month; (h)\tpenal deductions under clause (g) of section 91; (i) \tadmonition; (j) \tany prescribed field punishment up to twenty-eight days, in the case of a person on active service.", "name": "Punishment of persons other than officers and warrant officers", "related_acts": "", "section_id": 83 }, { "act_id": 256, "details": "83. (1) Subject to the provisions of sub-section (2), the punishments mentioned in section 82 shall not be inflicted in respect of an offence under any of the sections 34, 35 and 36 when committed on active service, or under any of the sections 37, 38, 40, 42(f) and (g), 43, 47, 52, 60, 62, 63, 64, 66(a), (b) and (c) and 71 except with the previous sanction in writing of an officer having power to convene a district court-martial. (2) The said punishments may be awarded without such sanction in the case of any offence, other than an offence under section 34 or section 71, committed by persons who have not been enrolled as combatants.", "name": "Requirement of sanction in certain cases", "related_acts": "", "section_id": 84 }, { "act_id": 256, "details": "84. (1) An award of punishment under section 82 shall not include field punishment in addition to one or more of the punishments specified in clauses (a) and (b) of that section. (2) In the case of an award of two or more of the punishments specified in clauses (a), (b) and (c) of the said section, the punishment specified in clause (b) or clause (c) shall take effect only at the end of the punishment specified in clause (a). (3) When punishments specified in the said clauses (a) and (b) are awarded to a person conjointly, or when already undergoing one or both of the said punishments and any other punishment is awarded, the whole extent of the punishments shall not exceed in the aggregate forty-two days. (4) The punishments specified in clauses (a), (b), (c), (e), (g) and (j) of section 82 shall not be awarded to any person who is of the rank of non-commissioned officer or was, at the time of committing the offence for which he is punished, of such rank. (5) The punishment specified in clause (f) of the said section shall not be awarded to any person below the rank of a non-commissioned officer. (6) The punishment specified in clause (dd) of the said section shall not be awarded to any person of the rank of sergeant and flight-sergeant.", "name": "Limit of punishments under section 82", "related_acts": "", "section_id": 85 }, { "act_id": 256, "details": "85. The Chief of Air Staff may, with the consent of the Government, specify such other punishments as may be awarded under section 82 in addition to or without any of the punishments specified in the said section, and the extent to which such other punishments may be awarded.", "name": "Punishments in addition to those specified in section 82", "related_acts": "", "section_id": 86 }, { "act_id": 256, "details": "86. An officer having power to convene a general court-marital or such other officer as is, with the consent of the Government, specified by the Chief of Air Staff may, in the prescribed manner, proceed against an officer below the rank of squadron leader or a warrant officer, who is charged with an offence under this Act, and award one or more of the following punishments, that is to say:- (a)\tforfeiture of seniority, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding twelve months, but subject to the right of the accused previous to the award to elect to be tried by a court-martial; (b)\tsevere reprimand or reprimand; (c) stoppage of pay and allowances for a period not exceeding three months, or until any proved loss or damage occasioned by the offence of which he is convicted is made good, whichever is less out subject to the right of the accused specified in clause (a); (d)\tforfeiture of pay and allowances for a period not exceeding three months for an offence under clause (e) of section 42 in so far as it consists of neglect to obey flying orders or under section 62 or section 63.", "name": "Punishment of officers and warrant officers", "related_acts": "", "section_id": 87 }, { "act_id": 256, "details": "87. In every case in which punishment has been awarded under section 86, certified true copies of the proceedings shall be forwarded, in the prescribed manner, by the officer awarding the punishment, to a superior Air Force authority as defined in section 89.", "name": "Transmission of proceedings", "related_acts": "", "section_id": 88 }, { "act_id": 256, "details": "88. If any punishment awarded under section 82 or 86, appears to a superior Air Force authority as defined in section 89 to be illegal, unjust or excessive, such authority may cancel, vary or remit the punishment and make such other direction as may be appropriate in the circumstances of the case.", "name": "Review of proceedings", "related_acts": "", "section_id": 89 }, { "act_id": 256, "details": "89. For the purposes of sections 87 and 88, a “superior Air Force authority” means- (a)\tin the case of punishments awarded by a commanding officer or an officer specified by the Chief of Air Staff under section 82, any officer superior in command to such officer; (b)\tin the case of punishments awarded by any other authority, the Government, the Chief of Air Staff or other officer specified by the Chief of Air Staff.", "name": "Superior Air Force authority", "related_acts": "", "section_id": 90 }, { "act_id": 256, "details": "90. Subject to the provisions of section 94, the following penal deductions may be made from the pay and allowances of an officer, that is to say:- (a)\tall pay and allowances due to an officer for every day he absents himself without leave, or overstays the period for which leave of absence has been granted to him, unless a satisfactory explanation has been given to his commanding officer and has been approved by the Government; (b)\tall pay and allowances for every day while he is under suspension from duty on a charge for an offence of which he is afterwards convicted by a criminal court or a court-martial or by an officer exercising authority under section 86; (c)\tany sum required to make good the pay of any person subject to this Act which he has unlawfully retained or unlawfully refused to pay; (d)\tany sum required to make good such compensation for any expenses, loss, damage or destruction occasioned by the commission of an offence as may be determined by the court-martial by whom he is convicted of such offence, or by an officer exercising authority under section 86; (e)\tall pay and allowances ordered by a court-martial or an officer exercising authority under section 86 to be forfeited or stopped; (f)\tany sum required to pay a fine awarded by a criminal court or a court-martial exercising jurisdiction under section 71; (g)\tany sum required to make good any loss, damage or destruction of public or service property which, after due investigation, appears to the Government to have been occasioned by the wrongful act or negligence on the part of the officer; (h)\tall pay and allowances forfeited by order of the Government if the officer is found by a board of inquiry constituted by the Chief of Air Staff in this behalf, to have deserted to the enemy, or while in enemy hands, to have served with, or under the orders of, the enemy or in any manner to have aided the enemy, or to have allowed himself to be taken prisoner by the enemy through want of due precaution or through disobedience of orders or wilful neglect of duty, or having been taken prisoner by the enemy, to have failed to rejoin his service when it was possible to do so; (i)\tany sum required by order of the Government, which after due investigation appears to be reasonable, to be paid for the maintenance of his wife or his legitimate or illegitimate child, or towards the cost of any relief given by the said Government to the said wife or child.", "name": "Deduction from pay and allowances of officers", "related_acts": "", "section_id": 91 }, { "act_id": 256, "details": "91. Subject to the provisions of section 94, the following penal deductions may be made from the pay and allowances of a warrant officer or an airman, that is to say:- (a)\tall pay and allowances for every day of absence either on desertion or without leave, or as a prisoner of war, and for every day of transportation or imprisonment awarded by a criminal court, or a court-martial, or of detention, or field punishment awarded by a court-martial or an officer exercising authority under section 82; (b)\tall pay and allowances for every day while he is in custody on a charge for an offence of which he is afterwards convicted by a criminal court or a court-martial, or on a charge of absence without leave for which he is afterwards awarded detention or field punishment by an officer exercising authority under section 82; (c)\tall pay and allowances for every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by an offence under this Act committed by him; (d)\tfor every day on which he is in hospital on account of sickness certified by the medical officer attending on him to have been caused by his own misconduct or imprudence, such sum as may be specified by order of the Chief of Air Staff; (e)\tall pay and allowances ordered by a court-martial or by an officer exercising authority under section 82 or section 86 to be forfeited or stopped; (f)\tall pay and allowances for every day between his being recovered from the enemy and his dismissal from the service in consequence of his conduct when being taken prisoner by, or while in the hands, of the enemy; (g)\tany sum required to make good such compensation for any expenses, loss, damage or destruction caused by him to the Government or to any building or property as may be awarded by his commanding officer; (h)\tany sum required to pay a fine awarded by a criminal court, a court-martial exercising jurisdiction under section 71, or an officer exercising authority under section 82; (i)\tany sum required by order of the Government or any prescribed officer to be paid for the maintenance of his wife or his legitimate or illegitimate child or towards the cost of any relief given by the said Government to the said wife or child.", "name": "Deductions from pay and allowances of warrant officers and airmen", "related_acts": "", "section_id": 92 }, { "act_id": 256, "details": "92. For the purposes of clauses (a) and (b) of section 91- (a)\tno person shall be treated as absent or in custody for a day unless the absence or custody, has lasted, whether wholly in one day, or partly in one day and partly in another, for six consecutive hours or upwards; (b)\tany absence or custody for less than a day may be reckoned as absence or custody for a day if such absence or custody prevented the absentee from fulfilling any Air Force duty which was thereby thrown upon some other person; (c)\tabsence or custody for twelve consecutive hours or upwards may be reckoned as absence or custody for the whole of each day during any portion of which the person was absent or in custody; (d)\ta period of absence, imprisonment or detention which commences before and ends after midnight may be reckoned as a day.", "name": "Computation of time of absence or custody", "related_acts": "", "section_id": 93 }, { "act_id": 256, "details": "93. In the case of any person subject to this Act who is in custody or under suspension from duty on a charge for an offence, the prescribed officer may direct that the whole or any part of the pay and allowances of such person shall be withheld, pending the result of his trial on the charge against him, in order to give effect to the provisions of clause (b) of sections 90 and 91.", "name": "Pay and allowances during trial", "related_acts": "", "section_id": 94 }, { "act_id": 256, "details": "94. The total deductions from the pay and allowances of a person made under clauses (d) to (g) and clause (i) of section 90, and clauses (e) and (g) to (i) of section 91 shall not, except where he is sentenced to dismissal, exceed in any one month one-half of his pay and allowances for that month.", "name": "Limit of certain deductions", "related_acts": "", "section_id": 95 }, { "act_id": 256, "details": "95. Any sum authorised by this Act to be deducted from the pay and allowances of any person may, without prejudice to any other mode of recovering the same, be deducted from any public money due to him other than a pension.", "name": "Deduction from public money due to a person", "related_acts": "", "section_id": 96 }, { "act_id": 256, "details": "96. Where the conduct of any person subject to this Act when being taken prisoner by, or while in the hands of, the enemy, is to be inquired into under this Act or any other law, the Chief of Air Staff or any officer authorised by him may order that the whole or any part of the pay and allowances of such person shall be withheld pending the result of such inquiry.", "name": "Pay and allowances of prisoner of war during inquiry into his conduct", "related_acts": "", "section_id": 97 }, { "act_id": 256, "details": "97. Any deduction from pay and allowances authorised by this Act may be remitted in such manner, and to such extent and by such authority, as may from time to time be prescribed.", "name": "Remission of deductions", "related_acts": "", "section_id": 98 }, { "act_id": 256, "details": "98. In case of all persons subject to this Act, being prisoners of war, whose pay and allowances have been forfeited under clause (h) of section 90 or clause (a) of section 91, but in respect of whom a remission has been made under section 97, it shall be lawful for proper provision to be made by the prescribed authorities out of such pay and allowances for any dependants of such persons, and any such remission shall in that case be deemed to apply only to the balance thereafter remaining of such pay and allowances.", "name": "Provision for dependants of prisoner of war where remission is made", "related_acts": "", "section_id": 99 }, { "act_id": 256, "details": "99. It shall be lawful for proper provision to be made by the prescribed authorities for any dependants of any person subject to this Act, who is a prisoner of war or is missing out of his pay and allowances.", "name": "Provision for dependants of prisoner of war from his pay and allowances", "related_acts": "", "section_id": 100 }, { "act_id": 256, "details": "100. For the purposes of sections 98 and 99, a person shall be deemed to continue to be a prisoner of war until the conclusion of any inquiry into his conduct such as is referred to in section 96, and if he is dismissed from the service in consequence of such conduct, until the date of such dismissal.", "name": "Period during which a person is deemed to be a prisoner of war", "related_acts": "", "section_id": 101 }, { "act_id": 256, "details": "101. (1) Any person subject to this Act who is charged with an offence may be taken into Air Force custody. (2) Any such person may be ordered into Air Force custody by any superior officer. (3) Any officer may order into Air Force custody any officer, though he may be of a higher rank, engaged in a quarrel, affray or disorder.", "name": "Custody of offenders", "related_acts": "", "section_id": 102 }, { "act_id": 256, "details": "102. (1) It shall be the duty of every commanding officer to take care that a person under his command when charged with an offence is not detained in custody for more than forty-eight hours after the committal of such person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable with due regard to the public service. (2) Every case of a person being detained in custody beyond a period of forty-eight hours, and the reason thereof shall be reported by the commanding officer to the Air or other officer to whom application would be made to convene a general or district court-martial for the trial of the person charged. (3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and public holidays shall be excluded. (4) Subject to the provisions of this Act, the Government may make rules providing for the manner in which and the period for which any person subject to this Act may be taken into and detained in Air Force custody, pending the trial by any competent authority for any offence committed by him.", "name": "Duty of commanding officer in regard to detention", "related_acts": "", "section_id": 103 }, { "act_id": 256, "details": "103. In every case where any such person as is mentioned in section 101 and as is not on active service remains in such custody for a longer period than eight days, without a court-martial for his trial being ordered to assemble, a special report giving reasons for the delay shall be made by his commanding officer in the manner prescribed; and a similar report shall be forwarded every eight days until a court-martial is assembled or such person is released from custody.", "name": "Interval between committal and trial", "related_acts": "", "section_id": 104 }, { "act_id": 256, "details": "104. Whenever any person subject to this Act, who is accused of any offence under this Act, is within the jurisdiction of any magistrate or police officer, such magistrate or police officer shall aid in the apprehension and delivery to Air Force custody of such person upon receipt of a written application to that effect signed by his commanding officer.", "name": "Arrest by civil authorities", "related_acts": "", "section_id": 105 }, { "act_id": 256, "details": "105. (1) Whenever any person subject to this Act, deserts, the commanding officer of the unit or detachment to which he belongs, shall give written information of the desertion to such civil authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter; and such authorities shall there upon take steps for the apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a magistrate, and shall deliver the deserter, when apprehended, into Air Force custody. (2) Any police officer may arrest without warrant any person reasonably believed to be subject to this Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the nearest magistrate, to be dealt with according to law.", "name": "Capture of deserters", "related_acts": "", "section_id": 106 }, { "act_id": 256, "details": "33106A. A board of inquiry may also be assembled in the prescribed manner to inquire into any matter which may be referred to it.", "name": "Inquiry into any other matter", "related_acts": "", "section_id": 107 }, { "act_id": 256, "details": "106. (1) When any person subject to this Act has been absent from his duty without due authority for a period of thirty days, a board of inquiry shall, as soon as practicable, be assembled, and such board shall on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition, equipment, instruments, clothing or necessaries, and if satisfied of the fact of such absence without due authority or other sufficient cause the board shall declare such absence and the period thereof, and the said deficiency, if any; and the commanding officer of the unit to which the person belongs shall enter, in the court-martial book of the unit a record of the declaration. (2) If the person declared absent does not afterwards surrender or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter.", "name": "Inquiry into absence without leave", "related_acts": "", "section_id": 108 }, { "act_id": 256, "details": "107. (1) Provost-marshals may be appointed by the Chief of Air Staff, or by any prescribed officer. (2) The duties of a provost-marshal are to take charge of persons confined for any offence, to preserve good order and discipline, and to prevent breaches of the same by persons serving in, or attached to the Air Force. (3) A provost-marshal may at any time arrest and detain for trial any person subject to this Act who commits, or is charged with, an offence, and may also carry into effect any punishment to the inflicted in pursuance of the sentence awarded by a court-martial or an officer exercising authority under section 82 but shall not inflict any punishment on his own authority: Provided that no officer shall be so arrested or detained otherwise than on the order of another officer. (4) For the purposes of sub-sections (2) and (3), a “provost-marshal” shall be deemed to include a provost-marshal appointed under the 34* * * Army Act, 1952, or the 35* * * Navy Ordinance, 1961, and any person legally exercising authority under him or on his behalf.", "name": "Provost-marshals", "related_acts": "248,310", "section_id": 109 }, { "act_id": 256, "details": "108. For the purposes of this Act there shall be three kinds of courts-martial, that is to say:- (1)\tgeneral courts-martial; (2)\tdistrict courts-martial; and (3)\tfield general courts-martial.", "name": "Different kinds of courts-martial", "related_acts": "", "section_id": 110 }, { "act_id": 256, "details": "109. A general court-martial may be convened by the Chief of Air Staff, or by any officer empowered in this behalf by warrant of the Chief of Air Staff.", "name": "Powers to convene a general court-martial", "related_acts": "", "section_id": 111 }, { "act_id": 256, "details": "110. A district court-martial may be convened by any authority having power to convene a general court-martial or by any officer empowered in this behalf by warrant of any such authority.", "name": "Power to convene a district court-martial", "related_acts": "", "section_id": 112 }, { "act_id": 256, "details": "111. A warrant issued under section 109 or section 110 may contain such restrictions, reservations or conditions as the authority issuing it may think fit.", "name": "Limitations of powers of convening authorities", "related_acts": "", "section_id": 113 }, { "act_id": 256, "details": "112. The following authorities shall have the power to convene a field general court-martial, namely:- (a)\tan officer empowered in this behalf by an order of the Government or of the Chief of Air Staff; (b)\ton active service, the officer commanding the forces in the field, or any officer empowered by him in this behalf; (c)\tan officer commanding any detached portion of the Air Force on active service, when, in his opinion, it is not practicable, with due regard to discipline and the exigencies of the service, to try the alleged offender by a general court-martial.", "name": "Power to convene a field general court-martial", "related_acts": "", "section_id": 114 }, { "act_id": 256, "details": "113. A general court-martial shall consist of not less than five officers, each of whom has held a commission for not less than three whole years and of whom not less than four are of a rank not below that of flight-lieutenant.", "name": "Composition of general court-martial", "related_acts": "", "section_id": 115 }, { "act_id": 256, "details": "114. A district court-martial shall consist of not less than three officers, each of whom has held a commission for not less than two whole years.", "name": "Composition of district court-martial", "related_acts": "", "section_id": 116 }, { "act_id": 256, "details": "115. A field general court-martial shall consist of not less than three officers.", "name": "Composition of field general court-martial", "related_acts": "", "section_id": 117 }, { "act_id": 256, "details": "116. (1) If a court-martial after the commencement of a trial is reduced below the minimum number of officers required by this Act, it shall be dissolved. (2) If on account of the illness of the judge advocate or of the accused before the finding, it is impossible to continue the trial, a court-martial shall be dissolved. (3) The officer who convened a court-martial may dissolve such court-martial if it appears to him that the exigencies of the service or the necessities of discipline render it impossible or inexpedient to continue the trial. (4) Where a court-martial is dissolved under this section, the accused may be tried again.", "name": "Dissolution of court-martial", "related_acts": "", "section_id": 118 }, { "act_id": 256, "details": "117. A general or field general court-martial shall have power to try any person subject to this Act for any offence punishable therein and to pass any sentence authorised thereby.", "name": "Powers of general and field general courts-martial", "related_acts": "", "section_id": 119 }, { "act_id": 256, "details": "118. A district court-martial shall have power to try any person subject to this Act other than an officer or 36master warrant officer or warrant officer for any offence made punishable therein, and to pass any sentence authorised by this Act other than a sentence of death or imprisonment for a term exceeding two years.", "name": "Powers of district court-martial", "related_acts": "", "section_id": 120 }, { "act_id": 256, "details": "119. When any person subject to this Act has been acquitted or convicted of an offence by a court-martial or by a criminal court, or has been dealt with under section 82 or section 86, he shall not be liable to be tried again for the same offence by a court-martial or by a criminal Court or be dealt with in respect of it under the said sections.", "name": "Prohibition of second trial", "related_acts": "", "section_id": 121 }, { "act_id": 256, "details": "120. (1) Except as provided by sub-section (2), no trial by court-martial of any person subject to this Act for any offence shall be commenced after the expiration of a period of three years from the date of such offence. (2) The provisions of sub-section (1) shall not apply to a trial for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37 or section 52. (3) In the computation of the period of time mentioned in sub-section (1), any time spent by such person as a prisoner of war, or in any enemy territory, or in evading arrest after the commission of the offence, shall be excluded. (4) No trial for an offence of desertion (other than desertion on active service) or of fraudulent enrolment shall be commenced if the person in question (not being an officer) has, subsequently to the commission of the offence, served continuously in an exemplary manner for not less than three years with any portion of the Bangladesh regular forces.", "name": "Period of limitation for trial", "related_acts": "", "section_id": 122 }, { "act_id": 256, "details": "121. (1) Where an offence under this Act had been committed by any person while subject to this Act, and he has ceased to be so subject, he may be taken into and kept in Air Force custody, and tried and punished for such offence as if he had continued to be so subject. (2) Except as provided by sub-sections (3) and (4) any such person shall not be tried for an offence, unless his trial commences within six months after he has ceased to be subject to this Act. (3) The provisions of sub-section (2) shall not apply to the trial of any such person for an offence of desertion or fraudulent enrolment or for any of the offences mentioned in section 37. (4) Nothing contained in sub-section (2) shall affect the jurisdiction of a criminal court to try any offence triable by such court as well as by a court-martial. (5) When a person subject to this Act is sentenced by a court-martial to imprisonment, this Act shall apply to him during the term of his sentence, though he is dismissed from the Air Force or has otherwise ceased to be subject to this Act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to the Act. (6) When a person subject to this Act is sentenced by a court-martial to death, this Act shall apply to him till the sentence is carried out.", "name": "Liability of offender who ceases to be subject to the Act", "related_acts": "", "section_id": 123 }, { "act_id": 256, "details": "122. Any person subject to this Act who commits any offence against it may be tried and punished for such offence in any place whatever.", "name": "Place of trial", "related_acts": "", "section_id": 124 }, { "act_id": 256, "details": "123. When a criminal court and a court-martial have each jurisdiction in respect of a civil offence, it shall be in the discretion of the prescribed Air Force authority to decide before which court the proceedings shall be instituted, and if that authority decides that they shall be instituted before a court-martial, to direct that the accused person shall be detained in Air Force custody. Explanation.- In this section the term “court-martial” shall include an officer exercising authority under section 82 or section 86.", "name": "Order in case of concurrent jurisdiction of criminal court and court-martial", "related_acts": "", "section_id": 125 }, { "act_id": 256, "details": "124. (1) When a criminal court having jurisdiction is of opinion that proceedings ought to be instituted before itself in respect of any civil offence, it may, by written notice, require the prescribed Air Force authority at the option of such authority either to deliver over the offender to the nearest magistrate to be proceeded against according to law, or to postpone proceedings pending a reference to the Government. (2) In every such case the said authority shall either deliver over the offender in compliance with the requisition or shall forthwith refer the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.", "name": "Power of criminal court to require delivery of offender", "related_acts": "", "section_id": 126 }, { "act_id": 256, "details": "125. Trial by court-martial no bar to subsequent trial by criminal court.- Omitted by section 20 of the Pakistan Air Force (Amendment) Act, 1967 (Act No. VI of 1967).", "name": "Omitted.", "related_acts": "", "section_id": 127 }, { "act_id": 256, "details": "126. At every court-martial the senior member shall sit as President.", "name": "President", "related_acts": "", "section_id": 128 }, { "act_id": 256, "details": "127. Every general court-martial shall, and every district or field general court-martial may, be attended by a judge advocate, who shall be either an officer belonging to the department of the Judge Advocate General, or if no such officer is available, a fit person appointed by the convening officer.", "name": "Judge Advocate", "related_acts": "", "section_id": 129 }, { "act_id": 256, "details": "128. (1) At all trials by courts-martial, as soon as the court is assembled, the names of the president and members shall be read over to the accused, who shall thereupon be asked whether he objects to being tried by any officer sitting on the Court. (2) If the accused objects to any such officer, his objection, and also the reply thereto of the officer objected to, shall be heard and recorded, and the remaining officers of the court shall, in the absence of the challenged officer, decide on the objection. (3) If the objection is allowed by one-half or more of the votes of the officers entitled to vote, the objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the prescribed manner by another officer, subject to the same right of the accused to object. (4) When no challenge is made, or when challenges have been made and disallowed, or the place of every officer successfully challenged has been filled by another officer to whom no objection is made or allowed, the court shall proceed with the trial.", "name": "Challenges", "related_acts": "", "section_id": 130 }, { "act_id": 256, "details": "129. (1) An oath or affirmation in the prescribed form shall be administered in open court to every member of every court-martial and to the judge advocate (if any) before the commencement of the trial. (2) An oath or affirmation in the prescribed form shall be administered in open court to every officer (if any) in attendance on a court-martial for the purpose of instruction, and also to every shorthand writer or interpreter (if any). (3) Every person giving evidence before a court-martial shall be examined after being duly sworn or affirmed in the prescribed form: Provided that where a court-martial is satisfied that a child of tender years is unable to understand the nature of an oath or affirmation, it may dispense with the administration of oath or affirmation.", "name": "Oaths of members, judge advocate and witnesses", "related_acts": "", "section_id": 131 }, { "act_id": 256, "details": "130. (1) Every decision of a court-martial shall be passed by an absolute majority of votes; and where there is an equality of votes on either the finding or the sentence, the decision shall be in favour of the accused: Provided that no sentence of death shall be passed without the concurrence, in the case of a general court-martial of at least two-thirds of the members and in the case of a field general court-martial of all the members of the court. (2) In matters other than a challenge or the finding or sentence, the president shall have a second or casting vote.", "name": "Voting by members", "related_acts": "", "section_id": 132 }, { "act_id": 256, "details": "131. Subject to the provisions of this Act, the rules of evidence in proceedings before court-martial shall be the same as those which are followed in criminal courts.", "name": "General rules as to evidence", "related_acts": "", "section_id": 133 }, { "act_id": 256, "details": "132. A court-martial may take judicial notice of any matter within the general, Naval, Military or Air Force knowledge of the members.", "name": "Judicial notice", "related_acts": "", "section_id": 134 }, { "act_id": 256, "details": "133. (1) The convening officer, the president of the court, the judge advocate, or the commanding officer of the accused person may, by summons under his hand, require the attendance at a time and place to be mentioned in the summons of any person either to give evidence or to produce any document or thing. (2) In the case of a witness amenable to Air Force, Naval or Military authority, the summons shall be sent to his commanding officer and such officer shall serve it upon him accordingly. (3) In the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be or reside, and such magistrate shall give effect to the summons as if the witness were required in the court of such magistrate. (4) When a witness is required to produce any particular document or other thing in his possession or power the summons shall describe it with reasonable precision.", "name": "Summoning witnesses", "related_acts": "", "section_id": 135 }, { "act_id": 256, "details": "134. (1) Nothing in section 133 shall be deemed to affect the operation of sections 123 and 124 of the Evidence Act, 1872, or to apply to any letter, postcard, telegram or other document in the custody of the postal or telegraph authorities. (2) If any document in such custody is, in the opinion of any District Magistrate, 37High Court Division or Court of Session, wanted for the purpose of any court-martial, such magistrate or court may require the postal or telegraph authorities, as the case may be, to deliver such document to such person as such magistrate or court may direct. (3) If any such document is, in the opinion of any other magistrate or of any commissioner of police or district superintendent of police, wanted for any such purpose, he may require the postal or telegraph authorities, as the case may be, to cause search to be made for and to detain such documents pending the orders of any such District Magistrate, 38High Court Division or Court of Session.", "name": "Documents exempted from production", "related_acts": "24", "section_id": 136 }, { "act_id": 256, "details": "135. (1) Whenever, in the course of a trial by a court-martial, it appears to the court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, such court may, if it thinks necessary, issue a commission in the manner specified in Chapter XL of the Code of Criminal Procedure, 1898, according as the witness resides in a place in or outside Bangladesh. (2) The Court may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. (3) Such a commission shall be executed by the magistrate or officer to whom it is issued in the same manner as if it was issued in the trial of a warrant case under the Code of Criminal Procedure, 1898, or of any corresponding law in force at the place where the evidence is recorded; and shall be returned, together with the deposition of the witness examined thereunder, to the Judge Advocate General. (4) The Judge Advocate General will forward the same to the court-martial who issued it or, if the said court-martial is in the meanwhile dissolved, to another court-martial convened for the trial of the accused in respect of the same charge and any deposition so taken shall be recorded in evidence and shall form part of the proceedings of the court. Explanation.- In this section, the expression “Judge Advocate General” includes a Deputy Judge Advocate General.", "name": "Commission for the examination of witness", "related_acts": "75,75", "section_id": 137 }, { "act_id": 256, "details": "136. Examination of a witness on commission.- Omitted by section 3 of the Pakistan Army and Air Force (Amendment) Ordinance, 1964 (Ordinance No. VI of 1964).", "name": "Omitted.", "related_acts": "", "section_id": 138 }, { "act_id": 256, "details": "137. (1) A person charged before a court-martial with desertion may be found guilty of attempting to desert or of being absent without leave. (2) A person charged before a court-martial with attempting to desert may be found guilty of being absent without leave. (3) A person charged before a court-martial with using criminal force may be found guilty of assault. (4) A person charged before a court-martial with using threatening language may be found guilty of using insubordinate language. (5) A person charged before a court-martial with any one of the offences specified in clauses (a), (b), (c) and (d) of section 52 may be found guilty of any other of these offences with which he might have been charged. (6) A person charged before a court-martial with an offence punishable under section 71 may be found guilty of any other offence of which he might have been found guilty if the provisions of the Code of Criminal Procedure, 1898, were applicable. (7) A person charged before a court-martial with any other offence under this Act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment. (8) A person charged before court-martial with any offence under this Act may be found guilty of having attempted to commit or of abetment of that offence although the attempt or abetment is not separately charged.", "name": "Conviction of offence not charged", "related_acts": "75", "section_id": 139 }, { "act_id": 256, "details": "138. In any proceeding under this Act, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the 39service of the Republic shall, on production, be presumed to have been duly signed by the person by whom and in the character in which it purports to have been signed, until the contrary is shown.", "name": "Presumption as to signature", "related_acts": "", "section_id": 140 }, { "act_id": 256, "details": "139. (1) Any enrolment paper purporting to be signed by an enrolling officer shall, in proceedings under this Act, be evidence that the person enrolled gave the answers which he is therein represented as having given. (2) The enrolment of such person may be proved by the production of the original or a copy of his enrolment paper purporting to be certified to be a true copy by the officer having the custody of the enrolment paper.", "name": "Enrolment paper", "related_acts": "", "section_id": 141 }, { "act_id": 256, "details": "140. (1) A letter, return or other document with respect to a person,- (i) \thaving, or not having, at any time served in, or been dismissed or discharged from any part of the armed forces of Bangladesh, or (ii)\thaving, or not having, held any rank or appointment in, or been posted or transferred to any part of such forces, or having or not having served in any particular country or place, or (iii)\tbeing, or not being, authorised to use or wear any Naval, Military or Air Force decoration, medal, medal ribbon, badge, wound stripe or emblem, the use or wearing of which by an unauthorised person is, by any law in force for the time being, an offence, if purporting to be signed by or on behalf of a Secretary to the Government, or on behalf of the Bangladesh Military, Naval or Air Force Headquarters, or by the commanding officer or the officer or record officer having the custody of the records of any portion of those forces or of any of the ships of Bangladesh Navy to which such person appears to have belonged, or alleges that he belongs or had belonged, shall be evidence of the facts stated in such letter, return or other document. (2) Any Army, Navy or Air Force list or gazette purporting to be published by authority shall be evidence of the status and rank of the officers or 40master warrant officers or warrant officers therein mentioned, and of any appointment held by them and of the unit or branch of the service to which they belong. (3) Where a record is made in any service book in pursuance of this Act or of any rules made thereunder or otherwise in pursuance of duty and purports to be signed by the commanding officer or by the officer whose duty it is to make such record, such record shall be evidence of the facts therein stated. (4) A copy of any record in any service book purporting to be certified to be a true copy by the officer having the custody of such book shall be evidence of such record. (5) Where any person subject to this Act is being tried on a charge of desertion or of a absence without leave and such person has surrendered himself into the custody of, or has been apprehended by, any officer, or any portion, of the armed forces of Bangladesh, a certificate purporting to be signed by such officer, or by the commanding officer of that portion of the armed forces and stating the fact, date and place of such surrender or apprehension, shall be evidence of the matters so stated. (6) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave and such person has on arrest or surrender been taken to a police station in Bangladesh, a certificate purporting to be signed by the officer-in-charge of that police station, and stating the fact, date and place of such surrender or apprehension shall be evidence of the matters so stated. (7) Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to the Government upon any matter or thing duly submitted to him for examination or analysis and report may be used as evidence in any proceeding under this Act.", "name": "Presumption as to certain documents", "related_acts": "", "section_id": 142 }, { "act_id": 256, "details": "141. (1) If at any trial, or other proceedings for desertion or absence without leave, overstaying leave, or not re-joining when warned for service, the accused states in his defence any sufficient or reasonable excuse for his unauthorised absence, and refers in support thereof to any officer in the 41service of the Republic or if it appears that any such officer is likely to prove or disprove the said statement in the defence, the court or officer conducting the proceedings shall address such officer and adjourn the court or proceedings until his reply is received. (2) The written reply of any officer so addressed shall, if signed by him, be received in evidence and have the same effect as if made on oath before the court or officer conducting the proceedings. (3) If the court-martial is dissolved before receipt of such reply or if it omits to comply with the provisions of this section, the convening officer may, at his discretion, annul the proceedings and order a fresh trial by the same or another court-martial.", "name": "Reference by accused to Government officer", "related_acts": "", "section_id": 143 }, { "act_id": 256, "details": "142. (1) When any person subject to this Act has been convicted by a court-martial of any offence, such court-martial may inquire into, and receive and record evidence of any previous convictions of such person, either by a court-martial held under this Act or under any other enactment, or by a criminal court, or of any previous award of punishment under section 82 or section 86, and may further inquire into and record the general character of such person, and such other matters as may be prescribed. (2) Evidence received under this section may be either oral or in the shape of entries in, or certified extracts from service records; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received.", "name": "Evidence of previous convictions and general character", "related_acts": "", "section_id": 144 }, { "act_id": 256, "details": "143. (1) Whenever, in the course of a trial by a court-martial, it appears to the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the nature of the act or knowing that it was wrong or contrary to law, the court shall record a finding accordingly. (2) The president of the court shall forthwith report the case to the confirming officer. (3) The confirming officer to whom a case is reported under sub-section (2) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another court-martial for the offence with which he was charged. (4) The confirming officer confirming a finding in any case so reported to him under sub-section (2) shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Government. (5) On receipt of a report under sub-section (4) the Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.", "name": "Lunacy of accused", "related_acts": "", "section_id": 145 }, { "act_id": 256, "details": "144. Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 143, the officer commanding a unit or detachment within the area of whose command the accused is in custody or is detained, or any other officer prescribed in this behalf, may- (a)\tif such person is in custody under sub-section (4) of section 143, on the report of medical officer that he is capable of making his defence, or (b)\tif such person is detained in a jail under sub-section (5) of section 143, on a certificate of the Inspector General of Prisons; and if such person is detained in a lunatic asylum under the said sub-section, on a certificate of any two or more of the visitors of such asylum that he is capable of making his defence, take steps to have such person tried by the same or another court-martial for the offence with which he was originally charged, or, if the offence is a civil offence, by a criminal court.", "name": "Subsequent fitness of lunatic accused for trial", "related_acts": "", "section_id": 146 }, { "act_id": 256, "details": "145. A copy of every order made by an officer under section 144 for the trial of the accused shall forthwith be sent to the Government.", "name": "Transmission to Government of orders under section 144", "related_acts": "", "section_id": 147 }, { "act_id": 256, "details": "146. Where any person is in custody under sub-section (4) of section 143, or under detention under sub-section (5) of that section- (a)\tif such person is in custody under the said sub-section (4), on the report of a medical officer, or (b)\tif such person is detained under the said sub-section (5), on a certificate from any of the authorities mentioned in clause (b) of section 144 that, in the judgment of such officer or authority such person may be released without danger of his doing injury to himself or to any other person, the Government may order that such person be released, or detained in custody, or transferred to a public lunatic asylum if he has not already been sent to such an asylum.", "name": "Release of lunatic accused", "related_acts": "", "section_id": 148 }, { "act_id": 256, "details": "147. Where any relative or friend of any person, who is in custody under sub-section (4) of section 143 or under detention under sub-section (5) of that section, desires that he should be delivered to his care and custody, the Government may, upon application by such relative or friend and on his giving security to the satisfaction of 42the Government that the person delivered shall- (a)\tbe properly taken care of and prevented from doing injury to himself or to any other person; and (b)\tbe produced for the inspection of such authority, and at such times and places, as the Government may direct, order such person to be delivered to such relative or friend.", "name": "Delivery of lunatic accused to relatives", "related_acts": "", "section_id": 149 }, { "act_id": 256, "details": "148. When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a court-martial during a trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial and, if the property is subject to speedy or natural decay, may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.", "name": "Order for custody and disposal of property pending trial", "related_acts": "", "section_id": 150 }, { "act_id": 256, "details": "149. (1) After the conclusion of a trial before a court-martial, the court or the officer confirming the finding or sentence of such court-martial, or any authority superior to such officer, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof or otherwise of any property or document produced before the court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offence. (2) Where any order has been made under sub-section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within Bangladesh or not, be sent to a magistrate in any district in which such property for the time being is, and such magistrate shall thereupon cause the order to be carried into effect as if it was an order passed by such magistrate under the provisions of the Code of Criminal Procedure, 1898. Explanation.- In this section the term “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise.", "name": "Order for disposal of property regarding which offence is committed", "related_acts": "75", "section_id": 151 }, { "act_id": 256, "details": "150. Any trial by a court-martial under the provisions of this Act shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the 43Penal Code, and the court-martial shall be deemed to be a court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898.", "name": "Trial by court-martial to be deemed judicial proceeding, etc.", "related_acts": "75", "section_id": 152 }, { "act_id": 256, "details": "151. No finding or sentence of a general, district or field general court-martial shall be valid except so far as it may be confirmed as provided by this Act.", "name": "Finding and sentence not valid unless confirmed", "related_acts": "", "section_id": 153 }, { "act_id": 256, "details": "152. The findings and sentences of general courts-martial may be confirmed by the Chief of Air Staff or by any officer empowered in this behalf by warrant of the Chief of Air Staff.", "name": "Power to confirm finding and sentence of general court-martial", "related_acts": "", "section_id": 154 }, { "act_id": 256, "details": "153. The findings and sentences of district courts-martial may be confirmed by any authority having power to convene a general court-martial or by any officer empowered in this behalf by warrant of any such authority.", "name": "Power to confirm finding and sentence of district court-martial", "related_acts": "", "section_id": 155 }, { "act_id": 256, "details": "154. A warrant issued under section 152 or section 153 may contain such restrictions, reservations or conditions as the authority issuing it may think fit.", "name": "Limitation of powers of confirming authority", "related_acts": "", "section_id": 156 }, { "act_id": 256, "details": "155. The findings and sentences of a field general court-martial may be confirmed by the convening officer or if he so directs, by an authority superior to him.", "name": "Power to confirm finding and sentence of field general court-martial", "related_acts": "", "section_id": 157 }, { "act_id": 256, "details": "156. Subject to such restrictions as may be contained in any warrant issued under section 152 or section 153, a confirming authority may, when confirming the sentence of a court-martial, mitigate or remit the punishment thereby awarded, or commute that punishment for any punishment or punishments lower in the scale laid down in section 73: Provided that a sentence of imprisonment shall not be commuted to a sentence of detention for a term exceeding the term of imprisonment awarded by the court.", "name": "Power of confirming authority to mitigate, remit or commute sentences", "related_acts": "", "section_id": 158 }, { "act_id": 256, "details": "157. When any person subject to this Act is tried and sentenced by court-martial while on board ship, the finding and sentence so far as not confirmed and executed on board ship may be confirmed and executed in like manner as if such person had been tried at the port of disembarkation.", "name": "Confirmation of finding and sentence on board a ship", "related_acts": "", "section_id": 159 }, { "act_id": 256, "details": "158. (1) Any finding or sentence of a court-martial may be once revised by order of the confirming authority; and on such revision, the court, if so directed by the confirming authority, may take additional evidence. (2) The court, on revision, shall consist of the same officers as were present when the original decision was passed, unless any of those officers are unavoidably absent. (3) In case of such unavoidable absence the cause thereof shall be duly recorded in the proceedings, and the court shall proceed with the revision, provided that, if a general court-martial, it still consists of five officers, or, if a field general or district court-martial, of three officers.", "name": "Revision of finding and sentence", "related_acts": "", "section_id": 160 }, { "act_id": 256, "details": "159. (1) Where a finding of guilty by a court-martial, which has been confirmed, is found for any reason to be invalid or cannot be supported by the evidence, the authority which would have had power under section 177 to commute the punishment awarded by the sentence, if the finding had been valid, may substitute a new finding and pass a sentence for the offence specified or involved in such finding: Provided that no such substitution shall be made unless such finding could have been validly made by the court-martial on the charge and unless it appears that the court-martial must have been satisfied of the facts establishing the offence. (2) Where a sentence passed by a court-martial which has been confirmed, not being a sentence passed in pursuance of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or sub-section (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall for the purposes of this Act and the rules made thereunder have effect as if it were a finding or sentence of a court-martial.", "name": "Alteration of finding or sentence in certain cases", "related_acts": "", "section_id": 161 }, { "act_id": 256, "details": "160. (1) Any person subject to this Act who considers himself aggrieved by any order passed by a court-martial may present a petition to the officer or authority empowered to confirm any finding or sentence of such court-martial, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates. (2) Any person subject to this Act who considers himself aggrieved by a finding or sentence of a court-martial which has been confirmed, may present a petition to the Government or the Chief of Air Staff, who may pass such order thereon as it or he thinks fit.", "name": "Remedy against order, finding or sentence of court-martial", "related_acts": "", "section_id": 162 }, { "act_id": 256, "details": "161. The Government or the Chief of Air Staff may annul the proceedings of any court-martial on the ground that they are illegal or unjust.", "name": "Annulment of proceedings", "related_acts": "", "section_id": 163 }, { "act_id": 256, "details": "162. No court shall question the correctness, legality or propriety of any proceeding or decision of any court-martial, and no remedy shall lie in respect of any such proceeding or decision save as provided in this Act.", "name": "Bar of Appeals", "related_acts": "", "section_id": 164 }, { "act_id": 256, "details": "163. In awarding a sentence of death a court-martial shall, in its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to death.", "name": "Form of sentence of death", "related_acts": "", "section_id": 165 }, { "act_id": 256, "details": "164. Whenever any person is sentenced under this Act to imprisonment, or detention, the term of his sentence shall, whether it has been revised or not, be reckoned to commence on the day on which the original proceedings were signed by the president.", "name": "Commencement of sentence of imprisonment or detention", "related_acts": "", "section_id": 166 }, { "act_id": 256, "details": "165. Whenever any sentence of imprisonment is passed under this Act, or whenever any sentence so passed is commuted to imprisonment, the confirming officer or such officer as may be prescribed in this behalf, may direct either that the sentence shall be carried out by confinement in a civil prison or by confinement in a Military or Air Force prison, and the commanding officer of the person under sentence or such other officer as may be prescribed, shall forward a warrant in the prescribed form to the officer in charge of the prison in which the person under sentence is to be confined, and shall forward him to such prison with the warrant: Provided that in the case of a sentence of imprisonment for a period not exceeding three months, in lieu of a direction that the sentence shall be carried out by confinement in a Civil, Military or Air Force prison, a direction may be made that the sentence shall be carried out by confinement in Air Force custody: Provided further that on active service a sentence of imprisonment may be carried out by confinement in such place as the officer commanding the forces in the field may from time to time appoint.", "name": "Execution of sentence of imprisonment", "related_acts": "", "section_id": 167 }, { "act_id": 256, "details": "166. Whenever, in the opinion of the Chief of Air Staff or an Air or other Officer Commanding a group any sentence or portion of a sentence of imprisonment cannot, for special reasons, conveniently be carried out in accordance with the provisions of section 165, such officer may direct that such sentence or portion of sentence shall be carried out by confinement in any civil prison or other fit place.", "name": "Execution of sentence of imprisonment in special cases", "related_acts": "", "section_id": 168 }, { "act_id": 256, "details": "167. When any sentence of detention is passed under this Act, or when any sentence so passed is commuted to detention, the punishment shall he carried out by detaining the offender in any Military or Air Force detention barracks, detention cells or other Military or Air Force custody, and when the sentence is to be carried out by detention in any Military or Air Force detention barracks, the commanding officer of the person under sentence, or such other officer as may be prescribed, shall forward the person under sentence, together with a warrant in the prescribed form, to the officer in charge of the said detention barracks.", "name": "Execution of sentence of detention", "related_acts": "", "section_id": 169 }, { "act_id": 256, "details": "168. (1) When a person is sentenced by court-martial to suffer death and the sentence has been confirmed, the commanding officer of such person, or such officer as may be prescribed may, if he thinks fit, by warrant in the prescribed form, commit the said person for safe custody in a civil prison pending the execution of the sentence, and may similarly, by warrant in the prescribed form direct that the person so committed be re-delivered into Air Force custody, or that he be released or confined in accordance with any order duly made under this Act setting aside or varying the sentence of death. Any such warrant shall be sufficient authority for the execution of the orders contained therein. (2) A person sentenced under this Act to imprisonment or detention may, until he reaches the prison or detention barracks in which he is to undergo his sentence, be kept in Air Force custody or in Civil custody, or partly in one description of custody and partly in the other, and may, by order of such officer as may be prescribed, from time to time be transferred from one to the other, as occasion may require.", "name": "Interim custody of persons under sentence of death, imprisonment or detention", "related_acts": "", "section_id": 170 }, { "act_id": 256, "details": "169. A warrant issued in accordance with the provisions of section 165 or section 167, or an order of the prescribed officer for the transfer of a person undergoing a sentence of imprisonment or detention from one description of custody to another, shall be sufficient authority for the committal to prison, detention barrack or Air Force custody of such person or of his transfer from one description of custody to the other, as the case may be.", "name": "Authority for committal and transfer of prisoners", "related_acts": "", "section_id": 171 }, { "act_id": 256, "details": "170. A person under sentence of imprisonment or detention may, during his conveyance from place to place, or when on board a ship, aircraft, or other vehicle be subjected to such restraint as is necessary for his safe conduct and removal.", "name": "Conveyance of prisoners from place to place", "related_acts": "", "section_id": 172 }, { "act_id": 256, "details": "171. Whenever an order is duly made under this Act setting aside or varying any sentence, order or warrant under which any person is confined in a Civil, Military or Air Force prison or detained in a Military or Air Force detention barracks a warrant in accordance with such order shall be forwarded by the prescribed officer to the officer in charge of the prison or detention barracks in which such person is confined. Such warrant shall be sufficient authority for the execution of the orders contained therein.", "name": "Communication of certain orders to prison officers", "related_acts": "", "section_id": 173 }, { "act_id": 256, "details": "172. When a sentence of fine is imposed by a court-martial under section 71, whether the trial was held within Bangladesh or not, a copy of such sentence, signed and certified by the confirming officer may be sent to any magistrate in Bangladesh, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure, 1898, for the levy of fines as if it were a sentence of fine imposed by such magistrate.", "name": "Execution of sentence of fine", "related_acts": "75", "section_id": 174 }, { "act_id": 256, "details": "173. The Government may set apart any building or part of a building, or any place under its control, as an Air Force prison or detention barracks for the confinement of persons sentenced to imprisonment or detention under this Act.", "name": "Establishment and regulation of Air Force prisons or detention barracks", "related_acts": "", "section_id": 175 }, { "act_id": 256, "details": "174. The Government may make rules providing- (a)\tfor the government, management and regulation of Air Force prisons and detention barracks; (b)\tfor the appointment, removal and powers of inspectors, visitors, governors and officers thereof; (c) for the labour of prisoners undergoing confinement therein, and for enabling such prisoners or persons to earn by special industry and good conduct, a remission of a portion of their sentence; (d)\tfor the safe custody of such prisoners or persons and the maintenance of discipline among them and the punishment, by personal correction, restraint or otherwise, of offences committed by them; (e)\tfor the application to Air Force prisons or detention barracks of any of the provisions of the Prisons Act,1894, relating to the duties of officers of prisons and the punishment of persons not being prisoners; (f)\tfor the admission into any prison, at proper times and subject to proper restrictions, of persons with whom prisoners may desire to communicate, and for the consultation by prisoners under trial with their legal advisers without the presence as far as possible of any third party within hearing distance.", "name": "Power to make rules in respect of prisons and prisoners", "related_acts": "", "section_id": 176 }, { "act_id": 256, "details": "175. Rules made under section 174 shall not authorise corporal punishment to be inflicted for any offence, nor render the imprisonment more severe than it is under any law for the time being in force relating to Civil prisons in Bangladesh.", "name": "Restriction of rule-making power in respect of corporal punishment", "related_acts": "", "section_id": 177 }, { "act_id": 256, "details": "176. Whenever a person is sentenced to imprisonment or detention under this Act, and is undergoing the sentence in any place or manner in which he might be confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall not be deemed to be illegal only by reason of any informality or error in or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into or is confined in any such place, and any such order, warrant or document may be amended accordingly.", "name": "Informality or error in the order or warrants", "related_acts": "", "section_id": 178 }, { "act_id": 256, "details": "177. When any person subject to this Act has been convicted by a court-martial of any offence, the Government, the Chief of Air Staff, or any officer not below the rank of Group Captain empowered in this behalf by the Chief of Air Staff may:- (i)\teither without conditions or upon any conditions which the person sentenced accepts, pardon the person, or remit the whole or any part of the punishment awarded, or (ii)\tmitigate the punishment awarded, or commute such punishment for any less punishment or punishments mentioned in this Act: Provided that a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment awarded by the court.", "name": "Pardon and remission", "related_acts": "", "section_id": 179 }, { "act_id": 256, "details": "178. If any condition on which a person has been pardoned or a punishment has been remitted is, in the opinion of the authority which granted the pardon or remitted the punishment, not fulfilled, such authority may cancel the pardon or remission, and thereupon the sentence of the court shall be carried into effect as if such pardon had not been granted or such punishment had not been remitted: Provided that in the case of a person sentenced to imprisonment or detention such person shall undergo only the unexpired portion of his sentence.", "name": "Cancellation of conditional pardon or remission", "related_acts": "", "section_id": 180 }, { "act_id": 256, "details": "179. When under the provisions of section 79, a non-commissioned officer is deemed to be reduced to the ranks, such reduction shall, for the purposes of section 177 be treated as a punishment awarded by a sentence of a court-martial.", "name": "Reduction of non-commissioned officer", "related_acts": "", "section_id": 181 }, { "act_id": 256, "details": "180. (1) Where a person subject to this Act has been sentenced by a court-martial to imprisonment or detention, the Government, or the Chief of Air Staff, or any officer empowered to convene a general or field general court-martial may suspend the sentence whether or not the offender has already been committed, to prison or custody. (2) The authority or officer specified in sub-section (1) may in the case of an offender so sentenced direct that, until the orders of such authority or officer have been obtained, the offender shall not be committed to prison or custody. (3) The powers conferred by sub-sections (1) and (2) may be exercised in the case of any such sentence which has been confirmed, mitigated or commuted.", "name": "Suspension of sentence of imprisonment or detention", "related_acts": "", "section_id": 182 }, { "act_id": 256, "details": "181. A confirming officer may, when confirming any sentence referred to in section 180, direct that the offender be not committed to prison or to custody until the orders of the authority or officer specified in section 180 have been obtained.", "name": "Orders pending suspension", "related_acts": "", "section_id": 183 }, { "act_id": 256, "details": "182. When a sentence is suspended under section 180, the offender shall, whether he has been committed to prison or to custody or not, be released forthwith.", "name": "Release on suspension", "related_acts": "", "section_id": 184 }, { "act_id": 256, "details": "183. Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence.", "name": "Computation of period of suspension", "related_acts": "", "section_id": 185 }, { "act_id": 256, "details": "184. The authority or officer specified in section 180 may, at any time whilst a sentence is suspended, order- (a)\tthat the offender be committed to undergo the unexpired portion of the sentence; or (b)\tthat the sentence be remitted.", "name": "Order after suspension", "related_acts": "", "section_id": 186 }, { "act_id": 256, "details": "185. (1) Where a sentence has been suspended, the case may at any time, and shall, at intervals of not more than four months, be reconsidered by the authority or officer specified in section 180, or by any Air or other officer not below the rank of squadron leader duly authorised by the authority or officer specified in section 180. (2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of the offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in section 180.", "name": "Reconsideration of case after suspension", "related_acts": "", "section_id": 187 }, { "act_id": 256, "details": "186. Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, then- (a)\tif the further sentence is also suspended under this Act, the two sentences shall run concurrently; (b)\tif the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or Air Force custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and (c)\tif the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under section 184 or section 185, continue to be suspended.", "name": "Fresh sentence after suspension", "related_acts": "", "section_id": 188 }, { "act_id": 256, "details": "187. The powers conferred by sections 180 and 184 shall be in addition to and not in derogation of, the power of mitigation, remission and commutation.", "name": "Scope of power of suspension", "related_acts": "", "section_id": 189 }, { "act_id": 256, "details": "188. (1) Where in addition to any other sentence the punishment of dismissal has been awarded by a court-martial, and such other sentence is suspended under section 180, then, such dismissal shall not take effect until so ordered by the authority or officer specified in section 180. (2) If such other sentence is remitted under section 184, the punishment of dismissal shall also be remitted.", "name": "Effect of suspension and remission on dismissal", "related_acts": "", "section_id": 190 }, { "act_id": 256, "details": "189. The following provisions are enacted respecting the disposal of the property of every person subject to this Act, other than an officer or 44master warrant officer or warrant officer, who dies or deserts:- (1)\tThe commanding officer of the unit or station to which the deceased person or deserter belonged or was attached shall secure all the movable property belonging to the deceased or deserter that is in camp or quarters, and cause an inventory thereof to be made, and draw any pay and allowances due to such person. (2)\tIn the case of a deceased person who has left in a bank (including any post office savings bank, co-operative bank or society or any other institution receiving deposits in money, however named) a deposit not exceeding one thousand Taka, the commanding officer may, if he thinks fit, require the agent, manager or other proper officer of such bank or other institution to pay the deposit to him forthwith; notwithstanding anything in any rules of the bank or the other institution and when any money has been paid by such bank or other institution in compliance with such requisition, no person shall have any claim against the bank or the other institution in respect of such money. (3)\tIn the case of a deceased person whose representative, widow or next of kin is on the spot and has given security for the payment of the service or other debts in camp or quarters, if any, of the deceased, the commanding officer shall deliver over any property, received under clause (1) and (2) to that representative, widow or next of kin, as the case may be, and shall not further interfere in relation to the property of the deceased. (4)\tIn the case of a deceased person whose estate is not dealt with under clause (3), and in the case of any deserter, the commanding officer shall cause the movable property to \tbe sold by public auction, and may convert into money any cash certificates (including post office cash certificates, defence savings certificates and national savings certificates) and shall pay the service and other debts in camp or quarters, if any, and, in the case of a deceased person, the expenses of his funeral ceremonies, from the proceeds of the sale or conversion and from any pay and allowances drawn under clause (1) and from the amount of the deposit, if any, received under clause (2). (5)\tThe surplus, if any, shall, in the case of a deceased person, be paid to his representative, widow or next of kin, if any, or, in the event of no claim to such surplus being established within twelve months after the death, then the same shall be remitted to the prescribed person: Provided that such remission shall not bar the claim of any person to such surplus or any part thereof. (6) In the case of a deserter, the surplus, if any, shall be forthwith remitted to the prescribed person and shall, on the expiry of three years from the date of his desertion, be forfeited to the State, unless the deserter shall in the meantime have surrendered or been apprehended. (7) \tThe decision of the commanding officer as to what are the service and other debts in camp or quarters of a deceased person or a deserter and as to the amount payable therefore shall be final.", "name": "Property of deceased persons and deserters (other than officers and warrant officers)", "related_acts": "", "section_id": 191 }, { "act_id": 256, "details": "190. Property deliverable and money payable to the representative, widow or next of kin, of a deceased person under section 189 may, if the total value or amount thereof does not exceed one thousand Taka, and if the prescribed person thinks fit, be delivered or paid to any person appearing to him to be entitled to receive it or to administer the estate of the deceased, without requiring the production of any probate, letters of administration, certificate or other such conclusive evidence of title; and such delivery or payment shall be a full discharge to those ordering or making the same and to the Government from all further liability in respect of the property or money; but nothing in this section shall affect the rights of any executor or administrator or other representative, or of any creditor of a deceased person against any person to whom such delivery or payment has been made.", "name": "Disposal of certain property without production of probate, etc. (other than officers and warrant officers)", "related_acts": "", "section_id": 192 }, { "act_id": 256, "details": "191. The provisions of sections 189 and 190 shall, so far as they can be made applicable, apply in the case of a person subject to this Act (not being an officer or 45master warrant officer or warrant officer) who notwithstanding anything contained in the Lunacy Act, 1912, is ascertained in the prescribed manner to be insane, or, who being on active service, is officially reported missing, as if he had died on the day on which his insanity is so ascertained, or, as the case may be, on the day on which he is officially reported missing: Provided that in the case of a person so reported missing, no action shall be taken under clauses (2) to (5) of section 189 until such time as he is officially presumed to be dead.", "name": "Application of sections 189 and 190 to lunatics, etc.", "related_acts": "96", "section_id": 193 }, { "act_id": 256, "details": "192. The provisions of sections 193 to 198 shall apply to the disposal of the property of the officers 46, master warrant officers and warrant officers of the Air Force who die or desert.", "name": "Property of officers and warrant officers who die or desert", "related_acts": "", "section_id": 194 }, { "act_id": 256, "details": "47193. (1) On the death or desertion of an officer or master warrant officer or warrant officer, a Committee of Adjustment appointed in this behalf in the manner prescribed (hereinafter referred to as the Committee) shall, as soon as may be, subject to the rules made in this behalf under this Act- (a)\tsecure all the movable property belonging to the deceased or deserter that is in camp or quarters and cause an inventory thereof to be made, and ascertain and draw the pay and allowances, if any, due to him; and (b)\tascertain the amount, and provide for the payment, of the service and other debts in camp or quarters, if any, of the deceased or deserter. (2) In the case of a deceased officer or master warrant officer or warrant officer whose representative, window or next of kin has given security to the satisfaction of the Committee for the payment of the service and other debts in camp or quarters, if any, of the deceased, the Committee shall deliver any property received by it under sub-section (1) to that representative, widow or next of kin, as the case may be, and shall not further interfere in relation to the property of the deceased. (3) In the case of a deceased officer or master warrant officer or warrant officer, the Committee, save as may be prescribed shall, if it appears to it necessary for the payment of service and other debts in camp or quarters and the expenses, if any, incurred by the Committee, and may, in any other case, collect all moneys left by the deceased in any bank (including any post office savings bank, co-operative bank or society or any other institution receiving deposits in money, however named) and for that purpose may require the agent, manager or other proper officer of such bank, society or other institution to pay the moneys to the Committee forthwith, and such agent, manager or other officer shall comply with the requisition notwithstanding anything in any rules of the bank or other institution; and when any money has been paid by a bank or other institution in compliance with the requisition under this sub-section, no person shall have a claim against the bank or other institution in respect of such money. (4) In the case of a deceased officer or master warrant officer or warrant officer whose estate has not been dealt with under sub-section (2) and in the case of a deserter the Committee, subject to any rules made in this behalf under this Act, shall, for the purpose of paying the service and other debts in camp or quarters, and may, in any other case, sell or convert into money the movable property of the deceased or deserter. (5) The Committee shall, out of the moneys referred to in sub-sections (3) and (4), pay the service and other debts in camp or quarters, if any, of the deceased or deserter and in the case of a deceased, also the expenses of his last illness and funeral. (6) In the case of a deceased officer or master warrant officer or warrant officer, the surplus, if any, shall be remitted to the prescribed person. (7) In the case of an officer or master warrant officer or warrant officer who is a deserter, the surplus, if any, shall be forthwith remitted to the prescribed person and shall, on the expiry of three years from the date of this desertion, be forfeited to the State unless the deserter shall in the meantime have surrendered or been apprehended: Provided that the prescribed person may pay the whole or such part of the surplus as he may deem proper to the wife or children or other dependants of the officer or master warrant officer or warrant officer. (8) If in any case a doubt or difference arises as to what are the service and other debts in camp or quarters of a deceased officer or deserter or as to the amount payable therefore, the decision of the prescribed person shall be final and shall be binding on all persons for all purposes. (9) For the purposes of the exercise of its duties under this section, the Committee shall, to the exclusion of all authorities and persons whomsoever, have the same rights and powers as if it had taken out representation to the deceased, and any receipt given by the Committee shall have effect accordingly.", "name": "Powers of Committee of Adjustment", "related_acts": "", "section_id": 195 }, { "act_id": 256, "details": "194. On receipt of the surplus referred to in sub-section (6) of section 193 the prescribed person shall proceed as follows:- (1)\tIf he knows of a representative, widow or next of kin of the deceased, he shall pay the surplus to that representative, widow or next of kin. (2)\tIf he does not know of any such representative, widow or next of kin, he shall publish every year a notice in the prescribed form and manner for six consecutive years. If no claim to the surplus is made by a representative, widow or next of kin of the deceased within six months after the publication of last of such notices, the prescribed person shall deposit the surplus together with any income or accumulation of income accrued therefrom to the credit of the Government: Provided that such deposit shall not bar the claim of any person to such surplus or any part thereof.", "name": "Disposal of surplus by the prescribed person", "related_acts": "", "section_id": 196 }, { "act_id": 256, "details": "195. Property deliverable and money payable to the representative, widow or next of kin of a deceased officer or master warrant officer or warrant officer under section 193 or section 194 may, if the total amount or value thereof does not exceed five thousand Taka, and, if the prescribed person thinks fit, be delivered or paid to any person appearing to him to be entitled to receive it or to administer the estate of the deceased, without requiring the production of any probate, letters of administration, succession certificate or other such conclusive evidence of title.", "name": "Disposal of certain property without production of probate, etc. (of officers and warrant officers)", "related_acts": "", "section_id": 197 }, { "act_id": 256, "details": "196. Any payment of money or delivery, application, sale or other disposition of any property or money made, or purported to be made by the Committee or the prescribed person in good faith in pursuance of section 193, section 194 or section 195 shall be valid and shall be a full discharge to the Committee or the prescribed person, as the case may be, and to the Government from all further liability in respect of that money or property; but nothing herein contained shall affect the right of any executor or administrator or other representative, or of any creditor of the deceased officer or master warrant officer or warrant officer against any person to whom such payment or delivery has been made.", "name": "Discharge of Committee, prescribed person and the Government", "related_acts": "", "section_id": 198 }, { "act_id": 256, "details": "197. Any property coming under section 193 into the hands of the Committee or the prescribed person shall not, by reason of so coming, be deemed to be assets or effects at the place in which that Committee or the prescribed person is stationed and it shall not be necessary by reason thereof that representation be taken out in respect of that property for that place.", "name": "Property in the hands of the Committee or the prescribed person not to be assets at the place where the Committee or the prescribed person is stationed", "related_acts": "", "section_id": 199 }, { "act_id": 256, "details": "198. After the Committee has deposited with the prescribed person the surplus of the property of any deceased officer or master warrant officer or warrant officer under sub-section (6) of section 193, any representative of the deceased shall, as regards any property of the deceased not collected by the Committee and not forming part of the aforesaid surplus, have the same rights and duties as if section 193 had not been enacted.", "name": "Saving of rights of representative", "related_acts": "", "section_id": 200 }, { "act_id": 256, "details": "199. The provisions of sections 193 to 198 shall, so far as they can be made applicable, apply in the case of an officer or master warrant officer or warrant officer who, notwithstanding anything contained in the Lunacy Act, 1912, is ascertained in the prescribed manner to be insane, or, who, being on active service, is officially reported missing, as if he had died on the day on which his insanity is so ascertained or, as the case may be, on the day on which he is officially reported missing: Provided that in the case of an officer or master warrant officer or warrant officer so reported missing no action shall be taken under sub-sections (2) to (5) of section 193 until such time as he is officially presumed to be dead.", "name": "Application of sections 193 to 198 to lunatics, etc.", "related_acts": "96", "section_id": 201 }, { "act_id": 256, "details": "200. When an officer or master warrant officer or warrant officer dies or deserts while on active service, the references in the foregoing provisions of this Chapter to the Committee shall be construed as references to the Standing Committee of Adjustment, if any, appointed in this behalf in the manner prescribed.", "name": "Appointment of Standing Committee of Adjustment when officers die or desert while on active service", "related_acts": "", "section_id": 202 }, { "act_id": 256, "details": "201. For the purposes of this Chapter- (1)\ta person shall be deemed to be a deserter if he without authority has been absent from duty for a period of thirty days and has not subsequently surrendered or been apprehended; (2)\tthe expression “service and other debts in camp or quarters” includes money due as Air Force debts, namely, sums due in respect of, or any advance in respect of- (a)\tquarters; (b)\tmess, band, and other service accounts; (c)\tAir Force clothing, appointments and equipments, not exceeding a sum equal to three months' pay of the deceased, and having become due within eighteen months before his death; (3)\t“representation” includes probate and letters of administration with or without the will annexed, and a succession certificate, constituting a person the executor or administrator of the estate of a deceased person or authorising him to receive or realise the assets of a deceased person; (4)\t“representative” means any person who has taken out representation.", "name": "Interpretations", "related_acts": "", "section_id": 203 }, { "act_id": 256, "details": "202. (1) The Government may make rules for the purpose of carrying into effect the provisions of this Act. (2) Without prejudice to the generality of the power conferred by sub-section (1), such rules may provide for:- (a)\tthe retirement, release, discharge, removal or dismissal from the service of persons subject to this Act; (b)\tthe specification of punishments which may be awarded as field punishments under sections 77 and 82; (c)\tthe assembly and procedure of boards of inquiry, the recording of summaries of evidence and the administration of oaths and affirmations at such proceedings; (d)\tthe convening and constitution of courts-martial; (e)\tthe adjournment, dissolution and sittings of courts-martial; (f)\tthe procedure to be observed in trials by courts-martial and the appearance of legal practitioners thereat; (g)\tthe confirmation, revision and annulment of, and petitions against, the findings and sentences of courts-martial; (h)\tthe carrying into effect of sentences of courts-martial; (i) \tthe forms of orders to be made under the provisions of this Act relating to courts-martial and sentences of death, imprisonment or detention; (j) \tthe constitution of authorities to decide for what persons, to what amounts and in what manner provision should be made for dependants under section 99 and the due carrying out of such decisions; (k)\tthe relative rank of, and powers of command to be exercised by, officers, junior commissioned officers, warrant officers, petty officers and non-commissioned officers of the Bangladesh Army, Navy and the Air Force, when acting together; (l)\tdeductions on account of public and service debts from the pay and allowances of persons subject to this Act; and (m)\tany other matter directed by this Act to be prescribed. (3) All 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": 204 }, { "act_id": 256, "details": "203. The Government may make regulations for all or any of the purposes of this Act, other than those specified in section 202.", "name": "Power to make regulations", "related_acts": "", "section_id": 205 }, { "act_id": 256, "details": "204. Repeal.- Omitted by section 6(z) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "name": "Omitted.", "related_acts": "", "section_id": 206 }, { "act_id": 256, "details": "205. Definitions.- Omitted by section 6(z) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "name": "Omitted.", "related_acts": "", "section_id": 207 }, { "act_id": 256, "details": "206. Powers of British Officers.- Omitted by section 6(z) of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।", "name": "Omitted.", "related_acts": "", "section_id": 208 } ], "text": "An Act to consolidate and amend the law relating to the government and discipline of the Bangladesh Air Force.1♣♠ ♦ WHEREAS it is expedient to consolidate and amend the law relating to the government and discipline of the Bangladesh Air Force; It is hereby enacted as follows:-" }

{ "id": 257, "lower_text": [ "1 Throughout this Act, unless otherwise provided, the words “Government” and “taka” or “Taka” were substituted for the words “Provincial Government” or “Central Government” or “Provincial or Central Government” or “Central or any Provincial Government” and “rupees” or “Rs.” respectively by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "2 The word “Kartripakkha” was substituted for the words “Board of Trustees” by section 3 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "3 The words “Dhaka City” were substituted for the words “Dacca Municipality” by section 4 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "4 The words “and Tongi Municipality” were inserted by section 4 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "5 The words “the said City and” were inserted by section 4 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "6 Clauses (a), (b) and (bb) were substituted by section 5 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "7 Clause (e) was substituted by section 5 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "8 Clauses (g), (h) and (hh) were substituted by section 5 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "9 Clauses (j) and (jj) were substituted for previous clause (j) by section 5 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "10 Clause (m) was omitted by section 5 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "11 Clauses (q), (r) and (s) were substituted for the formar clause (q) by section 5 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "12 The words, comma and semi-colon “Kartripakkha, to be called the Rajdhani Unnayan Katripakkha; and such Kartripakkha” were substituted for the words, inverted comma and semi-colon “Board to be called; “The Dhaka Improvement Trust”; and such board” by section 6 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "13 Sections 4 and 5 were substituted for the former sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 by section 7 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "14 The words “rules and regulations” were substituted for the word “rules” by section 8 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "15 The word “member” was substituted for the word “Trustee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "16 The word “member” was substituted for the word “Trustee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "17 The words, figure, comma, brackets and letter “prescribed in section 20, clause (h)” were omitted by section 10 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "18 Sub-section (1A) was inserted by section 12 of the Town Improvement (Amendment) Ordinance, 1965 (East Pakistan Ordinance No. III of 1965)", "19 The word “regulations” was substituted for the word “rules” by section 11 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "20 The word “regulations” was substituted for the word “rules” by section 11 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "21 The word “regulations” was substituted for the word “rules” by section 11 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "22 The proviso was substituted by section 12 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "23 Sub-section (1) was substituted by section 14 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "24 The words, comma, figures and brackets “Paurashava Ordinance, 1977 (XXVI of 1977)” were substituted for the words, comma and figures “Municipal Administration Ordinance, 1960” by section 15 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "25 The words “Mayor of the Corporation or Chairman of the Paurashava” were substituted for the words “Chairman of the Municipal Committee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "26 The words “Mayor of the Corporation or Chairman of the Paurashava” were substituted for the words “Chairman of the Municipal Committee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "27 The words “Mayor of the Corporation or Chairman of the Paurashava” were substituted for the words “Chairman of the Municipal Committee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "28 Sections 51A, 51B and 51C were inserted by section 7 of the Town Imporvement Act, 1958 (East Pakistan Ordinance No. LXIX of 1958)", "29 The words “City or Municipal” were substituted for the word “Municipal” by section 16 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "30 The words “City or Municipal” were substituted for the word “Municipal” by section 16 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "31 The words “City or Municipal” were substituted for the word “Municipal” by section 16 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "32 The words “City or Municipal” were substituted for the word “Municipal” by section 16 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "33 The words “City or Municipal” were substituted for the word “Municipal” by section 17 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "34 The words “City or Municipal” were substituted for the word “Municipal” by section 17 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "35 The words and comma “Zilla Parishad, Upazila Parishad or Union Parishad ” were substituted for the words “District or Union Council” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "36 The words and commas “Mayor of the Corporation or Chairman of the Paurashava, Zilla Parishad, Upazila Parishad or Union Parishad” were substituted for the words “Chairman of the Municipal Committee, or the District or Union Council” by section 18 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "37 The words and comma “Zilla Parishad, Upazila Parishad or Union Parishad ” were substituted for the words “District or Union Council” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "38 The words and comma “Zilla Parishad, Upazila Parishad or Union Parishad ” were substituted for the words “District or Union Council” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "39 The words and comma “Zilla Parishad, Upazila Parishad or Union Parishad ” were substituted for the words “District or Union Council” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "40 The words and comma “Zilla Parishad, Upazila Parishad or Union Parishad” were substituted for the words “District or Union Council” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "41 The words and comma “Zilla Parishad, Upazila Parishad or Union Parishad ” were substituted for the words “District or Union Council” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "42 The words and comma “Zilla Parishad, Upazila Parishad or Union Parishad ” were substituted for the words “District or Union Council” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "43 The words and comma “Zilla Parishad, Upazila Parishad or Union Parishad ” were substituted for the words “District or Union Council” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "44 The words, figures and comma “under the provision of section 7 of the Municipal Administration Ordinance, 1960” were omitted by section 20 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "45 The words, and comma “Mayor of the Corporation or Chairman of the Paurashava,” were substituted for the words “Chairman of Municipal Committee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "46 The words and comma “Zilla Parishad, Upazila Parishad or Union Parishad” were substituted for the words “District or Union Council” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "47 The words, commas, figures and brackets “Paurashava Ordinance, 1977 (XXVI of 1977), and the Dacca Municipal Corporation Act, 1974 (LVI of 1974),” were substituted for the words, comma and figures “Municipal Administration Ordinance, 1960” by section 21 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "48 Sub-section (6) was substituted by section 21 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "49 Section 79 was substituted by section 22 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "50 Sections 93B and 93C were inserted by section 17 of the Town Improvement (Amendment) Ordinance, 1965 (East Pakistan Ordinance No. III of 1965)", "51 Sub-sections (2) and (3) were substituted by section 24 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "52 The words, figure and comma “or section 96, as the case may be” were omitted by section 26 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "53 The word “ten” was substituted for the word “five” by section 26 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "54 The word “ten” was substituted for the word “five” by section 27 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "55 Clauses (a), (b) and (c) were omitted by section 29 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "56 Section 103 was substituted by section 30 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "57 The word “member” was substituted for the word “Trustee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "58 The words and commas “in the Ministry or Division dealing with finance and the Comptroller and Auditor-General of Bangladesh, hereinafter referred to as the Auditor-General, to be held by them as trustees” were substituted for the words and comma “of East Pakistan in the Finance Department and the Accountant-General of East Pakistan, to be held by them as Trustees” by section 31 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "59 The word “Auditor-General” was substituted for the words and comma “Accountant-General, East Pakistan” by section 33 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "60 The word “Auditor-General” was substituted for the word “Accountant-General” by section 33 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "61 The word “Auditor-General” was substituted for the word “Accountant-General” by section 33 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "62 The word “Auditor-General” was substituted for the words and comma “Accountant-General of East Pakistan” by section 34 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "63 The words ”Mayor of the Corporation or Chairman of the Paurashava” were substituted for the words “Chairman of the Municipal Committee” by section 36 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "64 The words “the Corporation or Paurashava Fund to the Auditor-General” were substituted for the words “Municipal Funds to the said Accountant-General” by section 34 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "65 The words “Mayor of the Corporation or Chairman of the Paurashava” were substituted for the words “Chairman of the Municipal Committee” by section 36 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "66 The word “Auditor-General” was substituted for the words and comma “Accountant-General, East Pakistan” by section 34 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "67 The words “direct the Corporation or Paurashava to increase the tax on the annual value of buildings and lands leviable by them” were substituted for the words, commas and figures “under section 36 of the Municipal Administration Ordinance, 1960, direct the Municipal Committee to increase the tax on the annual value of buildings and lands leviable under that Ordinance” by section 34 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "68 Section 120 was substituted by section 35 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "69 The words “Mayor of the Corporation or Chairman of the Paurashava” were substituted for the words “Chairman of the Municipal Committee” by section 36 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "70 The word “member” was substituted for the word “Trustee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "71 The words “Mayor of the Corporation or Chairman of the Paurashava” were substituted for the words “Chairman of the Municipal Committee” by section 36 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "72 The words “Mayor of the Corporation or Chairman of the Paurashava” were substituted for the words “Chairman of the Municipal Committee” by section 36 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "73 The comma and words “, or under an award of the Tribunal” were omitted by section 38 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "74 The words “Bangladesh Bank” were substituted for the words “State Bank of Pakistan” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "75 The words “Rajdhani Unnayan Kartripakkha” were substituted for the words “Trustees for the Improvement of Dacca” by section 39 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "76 The words “Bangladesh Bank” were substituted for the words “State Bank of Pakistan” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "77 The word “Dhaka” was substituted for the word “Dacca” by section 40 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "78 The words “Bangladesh Bank” were substituted for the words “State Bank of Pakistan” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "79 Section 132 was substituted by section 41 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "80 The words “a person” were substituted for the words “the Chairman or any other Trustee or the Secretary” by section 42 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "81 Clause (a) was substituted for the previous clauses (a) and (b) by section 43 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "82 Clauses (e) and (f) were omitted by section 43 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "83 The word and figure “section 94” was substituted for the words, figures and comma “sections 92, 94 and 99” by section 44 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "84 The word “the” was substituted for the word “any” by section 44 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "85 The words “Corporation or Paurashava Funds” were substituted for the words “Municipal Funds” by section 45 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "86 The words, commas, figures and brackets “Dhaka Municipal Corporation Act, 1974 (LVI of 1974), and the Paurashava Ordinance, 1977 (XXVI of 1977),” were substituted for the words, comma and figures “Municipal Administration Ordinance, 1960” by section 46 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "87 The word “member” was substituted for the word “Trustee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "88 The word “member” was substituted for the word “Trustee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "89 The words “Mayor of the Corporation or Chairman of the Paurashava” were substituted for the words “Chairman of Municipal Committee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "90 Clauses (1) and (2) were omitted by section 47 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "91 The word “regulations” was substituted for the word “rules” by section 48 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "92 The word “regulations” was substituted for the word “rules” by section 48 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "93 The word “regulations” was substituted for the word “rules” by section 48 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "94 Clauses (a), (b) and (c) were omitted by section 48 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "95 The word “regulation” was substituted for the word “rule” by section 48 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "96 The words “one thousand taka” were substituted for the words “five hundred rupees” by section 48 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "97 The words “one hundred taka” were substituted for the words “fifty rupees” by section 48 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "98 The word “regulations” was substituted for the word “rules” by section 49 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "99 The word “regulations” was substituted for the word “rules” by section 49 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "100 The word “regulations” was substituted for the word “rules” by section 49 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "101 The word, brackets and figures “or (in the case of rules made under section 33 or section 152)” were omitted by section 49 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "102 The words “one taka” were substituted for the words “two annas” by section 49 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "103 The word “regulation” was substituted for the word “rule” by section 50 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "104 The word “regulation” was substituted for the word “rule” by section 50 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "105 The words “or regulation” were inserted by section 51 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "106 The words “or regulation” were inserted by section 51 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "107 The words “or regulation” were inserted by section 51 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "108 The word “regulation” was substituted for the word “rule” by section 53 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "109 The word “regulation” was substituted for the word “rule” by section 53 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "110 Section 159 was substituted by section 54 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "111 The words “Chairman or other member or as an employee of the Katripakkha ” were substituted for the words and commas “Chairman or as an employee of the Board or as the President, Member or employee of the Tribunal as may be required” by section 55 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "112 The words “rule or regulation” were substituted for the word “rule” by section 57 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "113 The words “rule or regulation” were substituted for the word “rule” by section 57 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "114 The words “rule or regulation” were substituted for the word “rule” by section 57 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "115 The words “rule or regulation” were substituted for the word “rule” by section 57 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "116 The words “rule or regulation” were substituted for the word “rule” by section 57 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "117 The word “member” was substituted for the word “Trustee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "118 The words “rule or regulation” were substituted for the word “rule” by section 57 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "119 The word “member” was substituted for the word “Trustee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "120 The words “rule or regulation” were substituted for the word “rule” by section 57 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "121 The words “Police Commissioner and Superintendent of Police and their” were substituted for the words “Superintendent of Police and his” by section 58 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "122 The words “Police Commissioner and Superintendent of Police” were substituted for the words “Superintendent of Police” by section 58 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "123 The words “rule or regulation” were substituted for the word “rule” by section 58 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "124 The words “rule or regulation” were substituted for the word “rule” by section 58 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "125 The words “rule or regulation” were substituted for the word “rule” by section 59 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "126 The words “rule or regulation” were substituted for the word “rule” by section 59 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "127 The words “rule or regulation” were substituted for the word “rule” by section 59 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "128 The words “rule or regulation” were substituted for the word “rule” by section 61 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "129 The words “rule or regulation” were substituted for the word “rule” by section 61 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "130 The words “rule or regulation” were substituted for the word “rule” by section 61 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "131 The words “rule or regulation” were substituted for the word “rule” by section 61 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "132 The words “rule or regulation” were substituted for the word “rule” by section 61 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "133 The word “member” was substituted for the word “Trustee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "134 The word “member” was substituted for the word “Trustee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "135 The words “rule or regulation” were substituted for the word “rule” by section 61 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "136 The words “rule or regulation” were substituted for the word “rule” by section 61 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "137 The word “member” was substituted for the word “Trustee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "138 The word “member” was substituted for the word “Trustee” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "139 The words, comma, brackets and figures “not being a share or interest such as, under sub-section (2) of section 10, it is permissible for a Trustee to have without being thereby disqualified for being appointed a Trustee” were omitted by section 62 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "140 The word “Pakistan” was omitted by section 62 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "141 The words “five hundred” were substituted for the word “fifty” by section 63 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "142 The words “five thousand” were substituted for the words “five hundred” by section 64 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "143 The words “five hundred” were substituted for the word “fifty” by section 64 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "144 The words “one thousand” were substituted for the words “one hundred” by section 64 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "145 The words “one hundred” were substituted for the word “ten” by section 64 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "146 The words “one thousand” were substituted for the words “one hundred” by section 65 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "147 The words “two hundred” were substituted for the word “twenty” by section 65 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "148 The words “one hundred” were substituted for the word “ten” by section 65 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "149 The word “fifty” was substituted for the word “five” by section 65 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "150 The words “one thousand” were substituted for the words “one hundred” by section 66 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "151 The words “one hundred” were substituted for the word “ten” by section 66 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "152 The words “one thousand” were substituted for the words “one hundred” by section 67 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "153 The words “five hundred” were substituted for the word “fifty” by section 67 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "154 The words “rule or regulation” were substituted for the word “rule” by section 68 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "155 The words “rule or regulation” were substituted for the word “rule” by section 68 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "156 The words “two thousand” were substituted for the words “two hundred” by section 68 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "157 Sections 191A and 191B were inserted by section 18 of the Town Improvement (Amendment) Ordinance, 1965 (East Pakistan Ordinance No. III of 1965)", "158 The words “other members” were substituted for the word “Trustees” by section 69 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)", "159 The words “other members” were substituted for the word “Trustees” by section 69 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987", "160 The word “Bengal” was omitted by section 71 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)" ], "name": "The Town Improvement Act, 1953 (East Bengal Act)", "num_of_sections": 188, "published_date": "15th May, 1953", "related_act": [ 65, 549, 619, 11, 75, 47, 55, 26, 254 ], "repelled": false, "sections": [ { "act_id": 257, "details": "1. (1) This Act may be called the Town Improvement Act, 1953. (2) It extends to the areas comprised within the limits of the 3Dhaka City; but the Government may, by notification under the procedure prescribed by section 162, extend this Act or any provision thereof to the areas comprised within the limits of the Narayanganj Municipality 4and Tongi Municipality and such other area in the vicinity of 5the said City and those two Municipalities as may be specified in the notification. (3) It shall come into force in such areas and on such dates as the Government may, by notification, specify.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 257, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- 6(a)\t“betterment fee” means the fee declared under section 94 in respect of an increase in the value of land resulting from execution of an improvement or re-housing scheme; (b)\t“City” means the Dhaka City; (bb) \t“Corporation” means the Dhaka Municipal Corporation; (c)\t“Building Line” means a line (in the rear of a street alignment), up to which the main wall of a building abutting on a projected public street may lawfully extend; (d)\t“Chairman” means the Chairman of the Kartripakkha; 7(e) \t“Deputy Commissioner” includes an Additional Deputy Commissioner, and also a Upazila Nirbahi Officer or an Assistant Commissioner authorised by the Deputy Commissioner to exercise any power conferred, or to perform any duty imposed, on the Deputy Commissioner by or under this Act; (f) \t“Improvement Scheme” means any scheme under Chapter III, but does not include a re-housing scheme or a projected public street referred to in section 69; 8(g) \t“Kartripakkha” means the Kartripakkha constituted under section 4; (h)\t“member” means a member of the Kartripakkha; (hh) \t“Municipality” means the Narayanganj Municipality or the Tongi Municipality; (i)\t“Notification” means a notification published in the official Gazette; 9(j) \t“Paurashava” means Narayanganj Paurashava or Tongi Paurashava; (jj)\t“prescribed” means prescribed by rules or regulations made under this Act; (k)\t“Secretary to the Kartripakkha” means the person for the time being appointed by the Kartripakkha, to discharge the functions of Secretary to the Kartripakkha; (l) \t“Tribunal” means the Tribunal constituted under section 82; 10* * * (n)\t“drain” includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying of sullage or rainwater; (o)\t“public street” means any street, road, lane, gally, alley, passage, pathway, square or court, whether a thoroughfare or not, over which the public have a right of way and includes- (a)\tthe access or approach to a public ferry, (b)\tthe roadway over any public bridge or cause-way, (c)\tthe footway attached to any such street, public bridge or cause-way, (d)\tthe passage connecting two public streets, and (e)\tthe drains attached to any such street, public bridge or cause-way, and, where there is no drain attached to any such street, shall be deemed to include also, unless the contrary is shown, all land up to the boundary wall, ail, hedge or pillar of the premises, if any, abutting on the street, or if a street alignment has been fixed, then up to such alignment; (p)\t“street alignment” means the line dividing the land comprised in and forming part of a street from the adjoining land; and 11(q) \t“Upazila Parishad” means the Upazila Parishad of a Upazila in which this Act is in force; (r)\t“Union Parishad” means the Union Parishad of a Union in which this Act is in force; (s)\t“Zila Parishad” means the Zila Parishad of a district in which this Act is in force.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 257, "details": "3. The duty of carrying out the provisions of this Act shall, subject to the conditions and limitations hereinafter contained, be vested in a 12Kartripakkha, to be called the Rajdhani Unnayan Kartripakkha; and such Kartripakkha shall be a body corporate and have perpetual succession and a common seal, and shall by the said name sue and be sued.", "name": "Establishment and incorporation of Kartripakkha", "related_acts": "", "section_id": 3 }, { "act_id": 257, "details": "134. (1) The Kartripakkha shall consist of a Chairman and not more than five other members. (2) The Chairman and other members shall be appointed by the Government on such terms and conditions as it may determine. (3) The Chairman and other members shall be the whole-time officers of the Kartripakkha. (4) The Chairman shall be the chief executive officer of the Kartripakkha. (5) The Chairman and other members shall exercise such powers and perform such functions as may be prescribed, or as may be assigned to them by the Government from time to time. (6) If a vacancy occurs in the office of the Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any other cause, the Government shall make such arrangement for discharging the functions of the office of Chairman as it may consider expedient.", "name": "Kartripakkha", "related_acts": "", "section_id": 4 }, { "act_id": 257, "details": "5. (1) The meetings of the Kartripakkha shall be held at such times and places as may be prescribed: \tProvided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. \t(2) To constitute a quorum at a meeting of the Kartripakkha, the number of members present shall be two, if the Kartripakkha consists of not more than three members, and three, if the Kartripakkha consists of more than three members. \t(3) All meetings of the Kartripakkha shall be presided over by the Chairman and, in his absence by a member authorised in writing by the Chairman. \t(4) At a meeting of the Kartripakkha, each member shall have one vote and, in the event of equality of votes, the person presiding shall have a second or casting vote. \t(5) No act or proceeding of the Kartripakkha shall be invalid or be called in question on the ground of any vacancy in, or any defect in the constitution of the Kartripakkha.", "name": "Meetings of the Kartripakkha", "related_acts": "", "section_id": 5 }, { "act_id": 257, "details": "21.\t(1) The Kartripakkha may associate with themselves, in such manner and for such period as may be prescribed by 14rules or regulations made under section 152, any person whose assistance or advice they may desire in carrying out any of the provisions of this Act. (2) A person associated with themselves by the Kartripakkha under sub-section (1) for any purpose shall have a right to take part in the discussions of the Kartripakkha relative to that purpose, but shall not have a right to vote at a meeting of the Kartripakkha, and shall not be a member of the Kartripakkha for any other purpose.", "name": "Temporary association of members with the Kartripakkha for particular purposes", "related_acts": "", "section_id": 6 }, { "act_id": 257, "details": "22.\t Constitution and functions of Committees.- Omitted by section 9 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 7 }, { "act_id": 257, "details": "23.\t Meetings of Committees.- Omitted by section 9 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 8 }, { "act_id": 257, "details": "24. Fees for attendance at meetings.- Omitted by section 9 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 9 }, { "act_id": 257, "details": "25.\t Trustees and associated members of Board or Committee not to take part in proceedings in which they are personally interested.- Omitted by section 9 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 10 }, { "act_id": 257, "details": "26.\tThe Kartripakkha may enter into and perform all such contracts as they may consider necessary or expedient for carrying out any of the purposes of this Act.", "name": "Power to make and perform contracts", "related_acts": "", "section_id": 11 }, { "act_id": 257, "details": "27.\t(1) Every such contract shall be made on behalf of the Kartripakkha by the Chairman: \tProvided that a contract involving an expenditure exceeding five lakhs of taka shall not be made by the Chairman without the previous sanction of the Kartripakkha. (2) Every estimate for the expenditure of any sum for carrying out any of the purposes of this Act shall be subject to the approval of the authority who is empowered by sub-section (1) to make or sanction the making of a contract involving the expenditure of a like sum. (3) Sub-sections (1) and (2) shall apply to every variation or abandonment of a contract or estimate, as well as to an original contract or estimate.", "name": "Execution of contracts and approval of estimates", "related_acts": "", "section_id": 12 }, { "act_id": 257, "details": "28.\t(1) Every contract made by the Chairman on behalf of the Kartripakkha shall be entered into in such manner and form as would bind the Chairman if such contract were made on his own behalf, except that the common seal of the Kartripakkha shall be used; and every such contract may in the like manner and form be varied or discharged. (2) Every contract for the execution of any work or the supply of any materials or goods shall be in writing and shall be sealed. (3) The common seal of the Kartripakkha shall remain in the custody of the Secretary to the Kartripakkha, and shall not be affixed to any contract or other instrument except in the presence of a 15member (other than the Chairman), who shall attach his signature to the contract or instrument in token that the same was sealed in his presence. (4) The signature of the said 16member shall be in addition to the signature of any witness to the execution of such contract or instrument. (5) A contract not executed as provided in this section shall not be binding on the Kartripakkha.", "name": "Further provisions as to execution of contracts, and provision as to seal of Kartripakkha", "related_acts": "", "section_id": 13 }, { "act_id": 257, "details": "29. (1) At least seven days before entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure not exceeding ten thousand taka, or at least fourteen days before entering into such contract involving an expenditure exceeding ten thousand taka, the Chairman shall give notice, by advertisement in local newspapers, inviting tenders for the same. (2) In every case in which the acceptance of a tender would involve an expenditure exceeding five lakhs of taka, the Chairman shall submit to the Kartripakkha the specifications, conditions and estimates, and all tenders received, specifying particular tender (if any) the acceptance of which he recommends. (3) The Kartripakkha shall not be bound to sanction the acceptance of any tender which has been made; but it may sanction the acceptance of any such tender which appears to them, in consideration of all circumstances, to be the most advantageous, or may direct the rejection of all the tenders submitted to them.", "name": "Tenders", "related_acts": "", "section_id": 14 }, { "act_id": 257, "details": "30.\tThe Chairman shall take sufficient security for the due performance of every contract involving an expenditure exceeding one thousand taka.", "name": "Security for performance of contracts", "related_acts": "", "section_id": 15 }, { "act_id": 257, "details": "31.\t(1) The Chairman shall forward to the Government a copy of the minutes of the proceeding of each meeting of the Kartripakkha, within ten days from the date on which the minutes of the proceedings of such meeting were signed as 17* * *. 18(1A) If, in the opinion of the Chairman, any resolution passed by the Kartripakkha is not in conformity with law, or is, in any way, against public interest, the Chairman shall, while forwarding a copy thereof, bring this fact to the notice of the Government making his own suggestion for requisite action in the matter. Till orders are received from the Government, the execution of the resolution shall be held in abeyance. (2) If the Government so directs in any case, the Chairman shall forward to it a copy of all papers which were laid before the Kartripakkha for consideration at any meeting. (3) The Government may require the Chairman to furnish it with- (a)\tany return, statement, estimate, statistics or other information regarding any matter under the control of the Kartripakkha, or (b)\ta report on any such matter, or (c)\ta copy of any document in the charge of the Chairman. (4) The Government may, at any time, cause an investigation to be made, by an officer appointed in this behalf, into the affairs of the Kartripakkha and take such remedial measures as may be warranted by the findings of such investigation.", "name": "Supply of documents and information to the Government", "related_acts": "", "section_id": 16 }, { "act_id": 257, "details": "32.\tThe Kartripakkha shall, from time to time prepare, and shall maintain, a statement showing- (a)\tthe number, designations and grades of the employees (other than employees who are paid by the day or whose pay is charged to temporary work) whom they consider it necessary and proper to employ for the purposes of this Act, (b)\tthe amount and nature of the salary, fees and allowances to be paid to each such employee, and (c)\tthe contribution payable under section 160 in respect of each such employee.", "name": "Statement of strength and remuneration of staff", "related_acts": "", "section_id": 17 }, { "act_id": 257, "details": "33.\tThe Kartripakkha shall from time to time make 20regulations- (a)\tfixing the amount and nature of the security to be furnished by any employee of the Kartripakkha from whom it may be deemed expedient to require security; (b)\tfor regulating the grant of leave of absence, leave allowances and acting allowances to the employees of the Kartripakkha; and (c)\tfor establishing and maintaining a provident or annuity fund, for compelling all or any of the employees of the Kartripakkha (other than any servant of the Government in respect of whom a contribution is paid under section 160) to contribute to such fund, at such rates and subject to such conditions as may be prescribed by such 21regulations, and for supplementing such contributions out of the funds of the Kartripakkha: Provided that a servant of the Government shall not be entitled to leave or leave allowances otherwise than as may be prescribed by the conditions of his service under the Government relating to transfer to foreign service.", "name": "Kartripakkha to make regulations", "related_acts": "", "section_id": 18 }, { "act_id": 257, "details": "34. (1) Subject to the provisions of this Act, the Kartripakkha may determine, from time to time, what officers and other employees are necessary for the performance of its functions, may also engage such experts and consultants, as it may consider necessary for the said purpose, and may fix the salaries, fees and allowances to be paid to such officers, employees, experts and consultants: 22Provided that prior approval of the Government shall be necessary for creation of posts carrying pay in a scale above the Modified New Scales of Pay of Tk. 2800-4425: Provided further that the creation of any post shall be subject to specific provision being made in the approved budget in that behalf. (2) The Kartripakkha shall be liable to pay such contribution for leave allowance and pension of any servant of the Government employed as Chairman or an employee of the Kartripakkha, as may be required by the condition of his service under the Government, as the case may be, to be paid by him or on his behalf.", "name": "Power of creation of posts for the Kartripakkha", "related_acts": "", "section_id": 19 }, { "act_id": 257, "details": "35. Power of appointment, punishment, etc.- Omitted by section 13 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 20 }, { "act_id": 257, "details": "36.\tThe Chairman shall exercise supervision and control over the acts and proceedings of all employees of the Kartripakkha; and, subject to the foregoing sections, shall dispose of all questions relating to the service of the said employees and their pay, privileges and allowances.", "name": "Controls by Chairman", "related_acts": "", "section_id": 21 }, { "act_id": 257, "details": "37. 23(1) The Chairman may, by general or special order in writing, delegate to any member or officer of the Kartripakkha any of the Chairman’s powers, duties or functions under this Act or any rule or regulation made thereunder except those conferred or imposed upon or vested in him by sections 27, 29 and 31. (2) The exercise or discharge of any powers, duties or functions delegated under sub-section (1) shall be subject to such conditions and limitations if any, as may be prescribed in the said order, and also to control and revision by the Chairman.", "name": "Delegation of certain functions of Chairman", "related_acts": "", "section_id": 22 }, { "act_id": 257, "details": "38.\tWhenever it appears to the Kartripakkha, whether upon an official representation made under section 43 or without such a representation,- (a)\tthat any buildings in any area which are used or are intended to be used as dwelling places, are unfit for human habitation, or (b)\tthat danger to the health of the inhabitants of buildings in any area, or in the neighbouring buildings, is caused by- (i)\tthe narrowness, closeness and bad arrangement and condition of streets or buildings or groups of buildings in such area, or (ii)\tthe want of light, air, ventilation or proper conveniences in such area, or (iii)\tany other sanitary defects in such area, or (c)\tthat for the purpose of- (i)\tproviding building sites, or (ii)\tdeveloping and improving any area, or (iii)\tremedying defective ventilation, or (iv)\tcreating new, or improving existing, means of communication and facilities for traffic, or (v)\taffording better facilities for conservancy, it is expedient to lay out new streets or to alter existing streets (including bridges, culverts and cause-ways), or (d)\tthat it is necessary to provide in any area, parks, open spaces, playgrounds or similar amenities, or (e) that it is expedient and for the public advantage to provide- (i)\thousing accommodation, or (ii)\tbuildings for public use and convenience, or (iii)\tan adequate water-supply, or (iv)\ta drainage, and sewerage scheme, the Kartripakkha may pass a resolution to that effect and may then proceed to frame an improvement scheme.", "name": "When improvement scheme may be framed", "related_acts": "", "section_id": 23 }, { "act_id": 257, "details": "39.\tWhen framing an improvement scheme in respect of any area, regard shall be had to- (a)\tthe nature and conditions of neighbouring areas and of the Dacca City as a whole; (b)\tthe several directions in which the expansion of the Dacca City appears likely to take place; and (c)\tthe likelihood of improvement schemes being required for other parts of the Dacca City.", "name": "Matters to be considered when framing improvement schemes", "related_acts": "", "section_id": 24 }, { "act_id": 257, "details": "40.\tAn improvement scheme may provide for all or any of the following matters, namely:- (a)\tthe acquisition by the Kartripakkha of any land, in the area comprised in the scheme, which will, in their opinion, be required for the execution of the scheme or be affected by the execution of the scheme; (b)\tthe laying out or re-laying out of the land in the said area; (c)\tsuch demolition, alteration or reconstruction of buildings situated on land which it is proposed to acquire in the said area, as the Kartripakkha may think necessary; (d)\tthe construction of any buildings which the Kartripakkha may consider it necessary to erect for any purpose other than sale; (e)\tthe laying out or alteration of streets (including bridges, cause-ways and culverts); (f)\tthe levelling, paving, metalling, flagging, channelling, sewering and draining of the said streets and the provisions therein of water, lighting and other sanitary conveniences ordinarily provided in a City or Municipality; (g)\tthe raising, lowering or levelling of any land in the area comprised in the scheme; (h)\tthe formation, retention or enlargement of open spaces; (i)\tthe augmentation of the present water-supply, or any other scheme for the improvement of the water-supply; (j)\tthe making of a drainage and sewerage scheme including outfall works; and (k)\tany other matters consistent with this Act which the Kartripakkha may think fit.", "name": "Matters to be provided for improvement schemes", "related_acts": "", "section_id": 25 }, { "act_id": 257, "details": "41. Whenever it appears to the Kartripakkha that it is expedient in the interests of the public and for the proper planning of the area included in any improvement scheme- (a)\tthat any use of land should be discontinued, or that any conditions should be imposed on the continuance thereof; or (b)\tthat any building or works or factory should be altered or removed, the Kartripakkha may pass a resolution to the effect and such resolution shall form part of the particulars of the scheme under clause (c) of sub-section (1) of section 45.", "name": "Discontinuance of use of land and alteration or removal of building, etc.", "related_acts": "", "section_id": 26 }, { "act_id": 257, "details": "42.\tThe Kartripakkha may frame schemes (herein called re-housing schemes) for the construction, maintenance and management of such and so many dwellings and shops as they may consider ought to be provided for persons of the poorer and working classes who-\t (a)\tare displaced by the execution of any improvement scheme sanctioned under this Act; or\t (b)\tare likely to be displaced by the execution of any improvement scheme which it is intended to frame, or to submit to the Government for sanction under this Act.", "name": "Re-housing of persons displaced by improvement schemes", "related_acts": "", "section_id": 27 }, { "act_id": 257, "details": "43.\t(1) An official representation referred to in section 38 may be made by the Corporation or Paurashava- (a) \tof its own motion; or (b)\ton a written complaint by the Health Officer of the Corporation or Paurashava; or (c) \tin respect of any area comprised in a municipal ward- on a written complaint signed by twenty-five or more residents of such ward who are liable to pay any tax assessed upon the annual value of buildings and, lands leviable under the 24Paurashava Ordinance, 1977 (XXVI of 1977). (2) If the Corporation or Paurashava decide not to make an official representation on any complaint made to them under clause (b) or clause (c) of sub-section (1), they shall cause a copy of such complaint to be sent to the Kartripakkha, with a statement of the reasons for their decision.", "name": "Authority for making an official representation for a general improvement schemes", "related_acts": "549", "section_id": 28 }, { "act_id": 257, "details": "44.\t(1) The Kartripakkha shall consider every official representation made under section 43, and, if satisfied as to the truth thereof and to the sufficiency of their resources, shall decide whether an improvement scheme to carry such representation into effect should be framed forthwith or not, and shall forthwith intimate their decision to the Corporation or Paurashava. (2) If the Kartripakkha decide that it is not necessary or expedient to frame an improvement scheme forthwith, they shall inform the Corporation or Paurashava of the reasons for their decision. (3) If the Kartripakkha fail, for a period of six months after the receipt of any official representation made under section 43, to intimate their decision thereon to the Corporation or Paurashava, or if the Kartripakkha intimate to the Corporation or Paurashava their decision that it is not necessary or expedient to frame an improvement scheme forthwith, the Corporation or Paurashava may, if they think fit, refer the matter to the Government. (4) The Government shall consider every reference made to it under sub-section (3), and- (a)\tif it considers that the Kartripakkha ought, under all the circumstances, to have passed a decision within the period mentioned in sub-section (3), shall direct the Kartripakkha to pass a decision within such further period as the Government may think reasonable, or (b)\tif it considers that it is, under all the circumstances expedient that an improvement scheme should forthwith be framed, shall direct the Kartripakkha to proceed forthwith to frame an improvement scheme. (5) The Kartripakkha shall comply with every direction given by the Government under sub-section (4).", "name": "Consideration of official representations", "related_acts": "", "section_id": 29 }, { "act_id": 257, "details": "45.\t(1) When for any area within the City or Municipality any improvement scheme or re-housing scheme has been framed, the Kartripakkha shall prepare a notice, stating- (a)\tthe fact that the scheme has been framed, (b)\tthe boundaries of the area comprised in the scheme, and (c)\tthe place at which particulars of the scheme, a map of the area comprised in the scheme, and a statement of the land which it is proposed to acquire and of the land in regard to which it is proposed to recover a betterment fee, may be seen at reasonable hours. (2) The Kartripakkha shall- (i)\tcause the said notice to be published weekly for three consecutive weeks in the official Gazette and in local newspapers, with a statement of the period within which objections will be received, and (ii)\tsend a copy of the notice to the 25Mayor of the Corporation or Chairman of the Paurashava. (3) The Chairman shall cause copies of all documents referred to in clause (c) of sub-section (1) to be delivered to any applicant on payment of such fee as may be prescribed by rule made under section 152.", "name": "Preparation, publication and transmission of notice as to improvement schemes and supply of documents to applicants", "related_acts": "", "section_id": 30 }, { "act_id": 257, "details": "46.\tThe 26Mayor of the Corporation or Chairman of the Paurashava to whom a copy of the notice has been sent under clause (ii) of sub-section (2) of section 45 shall, within a period of thirty days from the receipt of the said copy, forward to the Kartripakkha any representation which the Corporation or Paurashava may think fit to make with regard to the scheme.", "name": "Transmission to Kartripakkha of representation by Corporation or Paurashava", "related_acts": "", "section_id": 31 }, { "act_id": 257, "details": "47.\tAs soon as possible after the publication of a notice under section 45, the Chairman shall send a statement containing the particulars of the land which it is proposed to acquire in executing the scheme or in regard to which it is proposed to recover a betterment fee, to the 27Mayor of the Corporation or Chairman of the Paurashava, in which any portion  of the area comprised in the scheme is situated, with a request to furnish- (i) \ta list of the names and addresses of the persons whose lands are likely to be acquired for, or affected by, the execution of the scheme, and (ii) \ta copy of or extract from the municipal assessment list, within fourteen days of the receipt of such request and on payment of prescribed fee.", "name": "Furnishing list of persons and copy of, or extract from, assessment list", "related_acts": "", "section_id": 32 }, { "act_id": 257, "details": "48.\t (1) During the thirty days next following the first day on which any notice is published under section 45 in respect of any improvement scheme or re-housing scheme, the Kartripakkha shall serve a notice on- (a)\tevery person whose name appears in the municipal assessment list or in the list referred to in item (i) of section 47, and (b)\tthe occupier (who need not be named) of each premises entered in the municipal assessment list which the Kartripakkha proposes to acquire in executing the scheme. (2) Such notice shall- (a)\tstate that the Kartripakkha propose to acquire the land referred to in section 47 or to recover a betterment fee for the purpose of carrying out an improvement scheme or a re-housing scheme, and (b)\trequire such person, if he dissents from such acquisition or from the recovery of such betterment fee, to state his reasons in writing within a period of thirty days from the service of the notice. (3) Every such notice shall be signed by or by the order of the Chairman.", "name": "Service of notice as to proposed acquisition of land or recovery of betterment fee", "related_acts": "", "section_id": 33 }, { "act_id": 257, "details": "49.\t(1) After the expiry of the periods respectively prescribed under clause (i) of sub-section (2) of section 45, and by section 46, and clause (b) of sub-section (2) of section 48 in respect of any improvement scheme or re-housing scheme, the Kartripakkha shall consider any objection, representation and statement of dissent received thereunder, and after hearing all \tAbandonment of improvement scheme, or application to Government to sanction it persons making any such objection, representation or dissent who may desire to be heard, the Kartripakkha may either abandon the scheme or apply to the Government for sanction to the scheme, with such modifications (if any), as the Kartripakkha may consider necessary. (2) Every application submitted under sub-section (1) shall be accompanied by- (a)\ta description of, and full particulars relating to, the scheme, and complete plans and estimates of the cost of executing the scheme; (b)\ta statement of the reasons for any modifications made in the scheme as originally framed; (c)\ta statement of objections (if any), received under section 45; (d)\tany representation received under section 46; (e)\ta list of the names of all persons (if any) who have dissented, under clause (b) of sub-section (2) of section 48 from the proposed acquisition of their land or from the proposed recovery of a betterment fee and a statement of the reasons given for such dissent; and (f)\ta statement of the arrangements made or proposed by the Kartripakkha for the re-housing of persons of the poorer and working classes who are likely to be displaced by the execution of the scheme.", "name": "Abandonment of improvement scheme, or application to Government to sanction it", "related_acts": "", "section_id": 34 }, { "act_id": 257, "details": "50.\tThe Government may sanction, either with or without modification, or may refuse to sanction, any improvement scheme or re-housing scheme submitted to it under section 49.", "name": "Power to sanction or reject improvement scheme", "related_acts": "", "section_id": 35 }, { "act_id": 257, "details": "51.\t(1) Whenever the Government sanctions an improvement scheme or re-housing scheme, it shall announce the fact by notification, and the Kartripakkha shall forthwith proceed to execute the scheme. (2) The publication of a notification under sub-section (1), in respect of any scheme, shall be conclusive evidence that the scheme has been duly framed and sanctioned.", "name": "Notification of sanction to improvement scheme", "related_acts": "", "section_id": 36 }, { "act_id": 257, "details": "2851A. (1) When any improvement or re-housing scheme or re-building scheme has been framed for execution in any area outside the City or Municipality, the provisions of sections 45 to 51 shall not apply.", "name": "Savings", "related_acts": "", "section_id": 37 }, { "act_id": 257, "details": "(2) Any improvement or re-housing scheme or re-building scheme proposed to be executed in an area outside 30City or Municipal limits and estimated to cost Taka five lakhs or more framed by the Kartripakkha, shall be submitted to Government for sanction. \t(3) The Government may sanction such improvement or re-housing or re-building scheme either with or without modification, or may refuse to sanction but in either case it shall communicate its decision to the Kartripakkha within sixty days from the date of receipt of the scheme from the Kartripakkha. \t(4) Whenever the Government sanctions, with or without modifications any improvement or re-housing scheme, or re-building scheme outside the 31City or Municipal limits it shall announce the fact by a notification, and the Kartripakkha shall forthwith proceed to execute the scheme. (5) The publication of a notification under sub-section (4) in respect of any scheme outside the 32City or Municipal area shall be conclusive evidence that the scheme has been duly framed and sanctioned.", "name": "Sanction to improvement scheme of Taka 5 Lakhs or more outside the City or Municipal limit", "related_acts": "", "section_id": 38 }, { "act_id": 257, "details": "51B. The provisions of sections 45 to 51 of the Act shall not apply to any scheme inside the City or Municipality estimated to cost less than Taka five lakhs.", "name": "Savings", "related_acts": "", "section_id": 39 }, { "act_id": 257, "details": "51C. (1) Whenever the Kartripakkha frames any improvement scheme or re-housing scheme or re-building scheme of the value of less than Taka five lakhs for execution within or outside the 33City or Municipal area it shall announce the fact by a notification and shall forthwith proceed to execute the same. (2) The publication of a notification under sub-section (1) in respect of any scheme either within or outside the 34City or Municipal area shall be conclusive evidence that the scheme has been duly framed.", "name": "Improvement scheme of less than Taka 5 lakhs either within or outside the City or Municipality", "related_acts": "", "section_id": 40 }, { "act_id": 257, "details": "52.\tAt any time after any improvement scheme or re-housing scheme has been sanctioned by the Government and before it has been carried into execution, the Kartripakkha may alter it: Provided as follows:- (a)\tif any alteration is estimated to increase the estimated net cost of executing a scheme by more than five per cent of such cost, such alteration shall not be made without the previous sanction of the Government; (b)\tif any alteration involves the acquisition, otherwise than by agreement, of any land the acquisition of which has not been sanctioned by the Government, the procedure prescribed in the foregoing sections of this Chapter shall, so far as applicable, be followed, as if the alteration were a separate scheme; (c)\tif owing to the changes made, in the course of a scheme, any land not previously liable under the scheme to the payment of a betterment fee, becomes liable to such payment, the provisions of sections 45, 48 and 49 shall, so far as they are applicable, be followed in any such case.", "name": "Alteration of improvement scheme after sanction", "related_acts": "", "section_id": 41 }, { "act_id": 257, "details": "53.\tAny number of areas in respect of which improvement schemes or re-housing schemes have been, or are proposed to be, framed, may, at any time, be included in one combined scheme.", "name": "Combination of improvement scheme", "related_acts": "", "section_id": 42 }, { "act_id": 257, "details": "54.\tNo street laid out or altered by the Kartripakkha shall be of less width than- (a)\tforty feet, if the street be intended for vehicular traffic, or (b)\ttwenty feet, if the street be intended for pedestrian traffic only; Provided as follows:- (i)\tthe width of an existing street need not be increased to the minimum required by this section, if the Kartripakkha consider it impracticable to do so; and (ii)\tnothing in this section shall be deemed to prevent the Kartripakkha from laying out service passages for sanitary purposes of any width less than twenty feet.", "name": "Width of streets", "related_acts": "", "section_id": 43 }, { "act_id": 257, "details": "55. (1) Whenever any building, or any street, square or other land, or any part thereof, which- (a) is situated in the City or Municipality and is vested in the Corporation or Paurashava, or (b)\tis situated in any area outside the City or Municipality, in which this Act is, for the time being, in force, and is vested in a 35Zilla Parishad, Upazila Parishad or Union Parishad, is within the area of any improvement scheme or re-housing scheme or is required for the purpose of such scheme, the Kartripakkha shall give notice accordingly to the 36Mayor of the Corporation or Chairman of the Paurashava, Zilla Parishad, Upazila Parishad or Union Parishad, as the case may be, and such building, street, square, other land or part shall thereupon vest in the Kartripakkha. (2) Where any street or square, or any part thereof vests in the Kartripakkha under sub-section (1), no compensation shall be payable by the Kartripakkha to the Corporation or Paurashava or the 37Zilla Parishad, Upazila Parishad or Union Parishad in respect of such street, square or part. (3) Where any land, not being a street or square, vests in the Kartripakkha under sub-section (1), compensation in respect of such land shall not be payable by the Kartripakkha except to the 38Zilla Parshad, Upazila Parishad or Union Parishad. (4) Where any building vests in the Kartripakkha under sub-section (1), compensation for such building shall be payable by the Kartripakkha to the Corporation or Paurashava or the 39Zilla Parishad, Upazila Parishad or Union Parishad, as the case may be. (5) If any question or dispute arises- (a)\twhether compensation is payable under any of the sub-sections (3) and (4), or (b)\tas to the amount of the compensation paid or proposed to be paid under sub-section (3) or sub-section (4), or (c)\twhether any building or street, or square or other land, or any part thereof is required for the purposes of the scheme, the matter shall be referred to the Government whose decision shall be final. Explanation.- For the purposes of this section, “building” means only the structure, and does not include any land other than the land on which it actually stands; and “compensation” means a sum equal to the market value of the land or building on the date of the service of the notice under sub-section (1).", "name": "Transfer to Kartripakkha, for purposes of improvement scheme, of building or land vested in a Corporation or Paurashava, Zilla Parishad, Upazila Parishad or Union Parishad", "related_acts": "", "section_id": 44 }, { "act_id": 257, "details": "56.(1) Whenever any street or square or part thereof which is not vested in the Kartripakkha or in the Corporation or Paurashava or in any 40Zilla Parishad, Upazila Parishad or Union Parishad is required for executing any improvement scheme or re-housing scheme, the Kartripakkha shall cause to be affixed in a conspicuous place in or near such street, square or part, a notice signed by the Chairman, and (a) stating the purpose for which the street, square or part is required, and (b) declaring that the Kartripakkha will, on or after a date to be specified in the notice, take over charge of such street, square or part from the owner thereof; and shall simultaneously send a copy of such notice to the owner of such street, square or part. (2) After considering and deciding all objections (if any) received in writing before the date so specified, the Kartripakkha may take over charge of such street, square or part from the owner thereof; and the same shall thereupon vest in the Kartripakkha. (3) When the Kartripakkha alter or close any street or square or part thereof which has vested in them under sub-section (2), they shall pay reasonable compensation to the previous owner for the loss of his rights therein. (4) If the alteration or closing of any such street, square or part causes damage or substantial inconvenience to owners of property adjacent thereto, or to residents in the neighbourhood, the Kartripakkha- (i)\tshall forthwith provide some other reasonable means of access for the use of persons who were entitled to use such street, square or part as a means of access to any property or place, and (ii)\tif the provision of such means of access does not sufficiently compensate any such owner or resident for such damage or inconvenience, shall also pay him reasonable compensation in money.", "name": "Transfer of private street or square to Kartripakkha for purposes of improvement scheme", "related_acts": "", "section_id": 45 }, { "act_id": 257, "details": "57.\t(1) When any building or any street, square or other land or any part thereof has vested in the Kartripakkha under section 55 or section 56, no drain or water-work therein shall vest in the Kartripakkha until another drain or water-work (as the case may be), if required, has been provided by the Kartripakkha to the satisfaction of the Corporation or Paurashava or the 41Zilla Parishad, Upazila Parishad or Union Parishad in whose area the drain or water-work is situated, in place of the former drain or water-work. (2) If any question or dispute arises as to whether another drain or water-work is required, or as to the sufficiency of any drain or water-work provided by the Kartripakkha, under sub-section (1), the matter shall be referred to the Government whose decision shall be final.", "name": "Provision of drain or water-work to replace another situated on land vested in the Kartripakkha under section 55 or section 56", "related_acts": "", "section_id": 46 }, { "act_id": 257, "details": "58.\t(1) The Corporation or Paurashava or the 43Zilla Parishad, Upazila Parishad or Union Parishad shall not be responsible for the maintenance and repair or for the watering and cleaning of any street, square or garden which is vested in the Kartripakkha under section 55. (2) Omitted by section 18 of the Town Improvement (Amendment) Ordinance, 1963 (East Pakistan Ordinance No. VI of 1963). (3) Omitted by section 18 of the Town Improvement (Amendment) Ordinance, 1963 (East Pakistan Ordinance No. VI of 1963).", "name": "Corporation or Paurashava Zilla Parishad, Upazila Parishad or Union Parishad not responsible for cleaning street etc., vested in the Kartripakkha", "related_acts": "", "section_id": 47 }, { "act_id": 257, "details": "59.\tWhenever the Kartripakkha allow any street vested in them to be used for public traffic,- (a)\tthey shall, as far as practicable, keep the street in good repair and do all things necessary for the safety and convenience of persons using it, and (b)\tthey shall cause the street to be watered, if they consider it necessary to do so for the public convenience.", "name": "Repair and watering of streets vested in the Kartripakkha", "related_acts": "", "section_id": 48 }, { "act_id": 257, "details": "60.\tWhenever any drain in, or the pavement or surface of, any street vested in the Kartripakkha is opened or broken up by the Kartripakkha for the purpose of carrying on any work, or whenever the Kartripakkha allow any street which they have under construction to be used for public traffic, the Kartripakkha shall cause the place to be fenced and guarded and to be sufficiently lighted during the night, and shall take proper precautions for guarding against accident by shoring up and protecting adjoining buildings, and shall, with all convenient speed, complete the said work, fill in the ground, and repair the said drain, pavement or surface, and carry away the rubbish occasioned thereby or complete the construction of the said street, as the case may be.", "name": "Guarding and lighting when streets vested in the Kartripakkha is opened or broken up or when street is under construction and speedy completion of work", "related_acts": "", "section_id": 49 }, { "act_id": 257, "details": "61.\t (1) When any work referred to in section 60 is being executed by the Kartripakkha in any public street vested in them, or when any other work which may lawfully be done is being executed by the Kartripakkha in any street vested in them, the Kartripakkha may direct that such street shall, during the progress of such work, be either wholly or partially closed to traffic generally or to traffic of any specified description. (2) When any such direction has been given, the Kartripakkha shall set up in a conspicuous position in or near the street an order prohibiting traffic to the extent so directed, and shall fix such bars, chains or posts across or in the street as they may think proper for preventing or restricting traffic therein, after notifying in local newspapers their intention to do so.", "name": "Prevention or restriction of traffic in street vested in the Kartripakkha during progress of work", "related_acts": "", "section_id": 50 }, { "act_id": 257, "details": "62.\t(1) When any work is being executed by the Kartripakkha in any public street vested in them, the Kartripakkha shall, so far as may reasonably be practicable, make adequate provision for- (a)\tthe passage or diversion of traffic; (b)\tsecuring access to all premises approached from such street; and (c)\tany drainage, water-supply or means of lighting which is interrupted by reason of execution of the work. (2) The Kartripakkha shall pay reasonable compensation to any person who sustains special damage by reason of the execution of any such work.", "name": "Provision of facilities and payment of compensation, when work is executed by Kartripakkha in public street vested in them", "related_acts": "", "section_id": 51 }, { "act_id": 257, "details": "63.\t(1) The Kartripakkha may- (a)\tturn, divert, discontinue the public use of, or permanently close, any public street vested in them, or any part thereof, or (b)\tdiscontinue the public use of, or permanently close any public square vested in them, or any part thereof. (2) Whenever the Kartripakkha discontinue the public use of, or permanently close, any public street vested in them, or any part thereof, they shall pay reasonable compensation to every person who was entitled, otherwise than as a mere licensee, to use such street or part as a means of access and has suffered damage from such discontinuance or closing. (3) Whenever the Kartripakkha discontinue the public use of, or permanently close, any public square vested in them, or any part thereof, they shall pay reasonable compensation to every person- (a)\twho was entitled, otherwise than as a mere licensee, to use such square or part as a means of access, or (b)\twhose immovable property was ventilated by such square or part, and who has suffered damage,- (i)\tin case (a), from such discontinuance or closing, or (ii)\tin case (b), from the use to which the Kartripakkha have put such square or part. (4) In determining the compensation payable to any person under sub-section (2) or sub-section (3), the Kartripakkha shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other public street or square at or about the same time that the public street or square or part thereof, on account of which the compensation is paid, is discontinued, or closed. (5) When any public street or square vested in the Kartripakkha, or any part thereof, is permanently closed under sub-section (1), the Kartripakkha may sell, or lease so much of the same as is no longer required.", "name": "Power of Kartripakkha to turn or close public street or square vested in them", "related_acts": "", "section_id": 52 }, { "act_id": 257, "details": "64.\t(1) If any question or dispute arises- (a) \tbetween the Kartripakkha and the previous owner of any street or square or part thereof which was vested in the Kartripakkha under section 56 and has been altered or closed by them, as to the sufficiency of the compensation paid or proposed to be paid under sub-section (3) of that section, or (b) \tbetween the Kartripakkha and any person who was entitled, otherwise than as a mere licensee, to use as a means of access any street or square or part thereof which has been vested in the Kartripakkha under section 56,- (i)\tas to whether the alteration or closing of such street, square or part causes damage or substantial inconvenience to owners of property adjacent thereto or to residents in the neighbourhood, or (ii)\tas to whether the other means of access provided or proposed to be provided under sub-section (4) of the said section 56 are reasonably sufficient, or (iii)\tas to the sufficiency of any compensation paid or proposed to be paid under the said sub-section (4), or (c)\tbetween the Kartripakkha and any person, as to the sufficiency of any compensation paid or proposed to be paid to him under section 62, section 63 or section 72, the matter shall be determined by the Tribunal, if referred to it either by the Kartripakkha or by the claimant, within a period of three months from- in case (a) or case (b) – the date on which the street or square or part thereof was altered or closed by the Kartripakkha, or in case (c) – the date on which the said person was informed of the decision of the Kartripakkha fixing the amount of compensation to be paid to him; and the determination of the tribunal shall be final. (2) If a reference to the Tribunal be not made within the period prescribed by sub-section (1), the decision of the Kartripakkha shall be final. (3) Omitted by section 19 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Reference of disputes to Tribunal", "related_acts": "", "section_id": 53 }, { "act_id": 257, "details": "65.\tWhenever the Kartripakkha are satisfied- (a)\tthat any street laid out or altered by the Kartripakkha has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in the plans sanctioned by the Government under section 50, (b)\tthat such lamps, lamp-posts and other apparatus for the lighting of such street as ought to be provided by the Kartripakkha, have been so provided, and (c)\tthat water and other sanitary conveniences ordinarily provided in a City or Municipality have been duly provided in such street, the Kartripakkha shall pass a resolution to that effect and shall call upon the Corporation or Paurashava to take over such street as and from the date fixed by such resolution for the purpose.", "name": "Taking over of laid out or altered streets by Corporation or Paurashava", "related_acts": "", "section_id": 54 }, { "act_id": 257, "details": "66.\t(1) If the Corporation or Paurashava, on being called upon to take over any street under section 65, are satisfied that such street has been completed in accordance with the plans sanctioned by the Government under section 50, they shall, after informing the Kartripakkha of their intention to do so, by written notice affixed in some conspicuous position in such street, declare the street to be a public street and the street shall thereupon vest in the Corporation or Paurashava and shall thenceforth be maintained, kept in repair, lighted and cleansed by the Corporation or Paurashava: Provided that the Corporation or Paurashava may agree to take over any street subject to any conditions or the execution of further works by the Kartripakkha in the said street. \t(2) If the Corporation or Paurashava fail to take over any street within a period of six months from the date when called upon to do so by the Kartripakkha under section 65 and fail to inform the Kartripakkha of their reason for non-compliance with the Kartripakkha’s resolution, the street shall automatically vest in the Corporation or Paurashava as if all the procedure under sub-section (1) had been fulfilled. \t(3) When any open space for purposes of ventilation or recreation has been provided by the Kartripakkha in executing any improvement scheme or re-housing scheme, it shall, on completion, be transferred to the Corporation or Paurashava by a resolution of the Kartripakkha, and shall thereupon vest in, and be maintained at the expense of the Corporation or Paurashava: \tProvided that the Corporation or Paurashava may require the Kartripakkha before any such open space is so transferred, to enclose, level, turf, drain and lay out such space and provide foot-paths therein, and, if necessary, to provide lamps and other apparatus for lighting it. (4) If any difference of opinion arises between the Kartripakkha and the Corporation or Paurashava in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the Government whose decision shall be final.", "name": "Vesting in Corporation or Paurashava of streets laid out or altered, and open spaces provided by the Kartripakkha under an improvement scheme", "related_acts": "", "section_id": 55 }, { "act_id": 257, "details": "67.\tIf this Act or any provision thereof be extended by notification under sub-section (2) of section 1 to any area outside the City or Municipality, the street laid out or altered, and open spaces provided by the Kartripakkha in such area shall, until such time as the City or Municipality is extended to such area 44* * *, continue to vest in the Kartripakkha, and shall thereafter vest in and be taken over by the Corporation or Paurashava in accordance with the provisions of sections 65 and 66.", "name": "Application of sections 65 and 66 to areas outside the City or Municipality", "related_acts": "", "section_id": 56 }, { "act_id": 257, "details": "68.\tNotwithstanding anything contained in sections 65 and 66, or section 67, the Kartripakkha may retain any service passage which they have laid out for sanitary purposes and may enter into an agreement with the Corporation or Paurashava, or any other person for the supervision, repair, lighting and general management of any passage so retained.", "name": "Power of Kartripakkha to retain service passages", "related_acts": "", "section_id": 57 }, { "act_id": 257, "details": "69.\t(1) The Kartripakkha may, from time to time in regard to any are- (a) \twithin the City or Municipality, or (b) \tin the neighbourhood of the City or Municipality to which the Act extends, make plans of proposed public streets or open spaces showing the direction of such streets, the street alignment and building line (if any) on each side of them, their intended width, the location of proposed open spaces and such other details as may appear desirable. (2) When a plan of a proposed public street or open space has been made under sub-section (1), the Kartripakkha shall prepare a notice stating- (a)\tthe fact that such a plan has been made; (b)\tparticulars of the land (shown in such plan)- (i)\tthrough which the proposed public street will pass, and  (ii)\tout of which the open space is formed; (c)\tthe place at which the said plan and particulars may be seen at reasonable hours; and (d)\tthe period (which shall be not less than sixty days) within which objections to the said plan may be submitted to the Kartripakkha. (3) The Kartripakkha shall- (i)\tcause the said notice to be published weekly for two consecutive weeks in the official Gazette and in local newspapers, and in such other manner as the Kartripakkha may direct; (ii)\tforward a copy of the said notice by registered post to any person who, according to the records of the Corporation or Paurashava or Survey and Settlement records, appears to have an interest in any land or building which is likely to be affected in anyway by the proposed public street or open space; (iii) forward a copy of the said notice and of the plan to which it relates to the 45Mayor of the Corporation or Chairman of the Paurashava, and, if any area in the neighbourhood of the City or Municipality is included in such plan, to the Chairman of the 46Zilla Parishad, Upazila Parishad or Union Parishad concerned; and (iv)\tcause copies of the said notice and plan to be delivered to any applicant on payment of such fee as may be prescribed by rule made under section 152.", "name": "Plans for public streets or open spaces", "related_acts": "", "section_id": 58 }, { "act_id": 257, "details": "70.\t(1) After the expiry of the period prescribed in clause (d) of sub-section (2) of section 69, the Kartripakkha shall consider- (a) \tall objections in writing received from any person affected by the proposed public street or open space contemplated by such plan, and  (b) \tany representation in regard to such street or open space made to the Kartripakkha by any of the authorities mentioned in clause (iii) of sub-section (3) of section 69; and the Kartripakkha may thereupon either withdraw the plan or apply to the Government for sanction thereto with such modifications (if any) as the Kartripakkha may consider necessary. (2) If the Kartripakkha apply for sanction under sub-section (1), they shall simultaneously forward to the Government a full statement of all objections and representations made to them under the said sub-section. (3) When a plan of a proposed public street or open space has been submitted to the Government under sub-section (1), the Kartripakkha shall cause notice of the fact to be published for two consecutive weeks in the official Gazette and in local newspapers. (4) The Government may sanction, either with or without modification, or may refuse to sanction, any plan of a proposed public street or open space submitted to it under sub-section (1).", "name": "Consideration of objection to plans for public streets or open spaces", "related_acts": "", "section_id": 59 }, { "act_id": 257, "details": "71.\tWhenever the Government sanctions a plan of a proposed public street or open space, it shall announce the fact by notification, and the publication of such notification shall be conclusive evidence that the plan has been duly made and sanctioned; and the proposed public street or open space to which such notification refers shall be deemed to be a projected public street or open space, and shall be so deemed until- (a)\tsuch street or open space has been declared, under section 66, to be a public street or open space, or (b)\tthe said notification has been cancelled: Provided that such cancellation shall not affect the validity of any action taken by the Kartripakkha in pursuance of the said notification.", "name": "Notification of sanctioned plan of public street", "related_acts": "", "section_id": 60 }, { "act_id": 257, "details": "72. (1) If any person desires to erect, re-erect or add to any wall (exceeding ten feet in height) or building which falls within a street alignment or building line of a projected public street or within the area of a projected open space as shown in any plan sanctioned by the Government under sub-section (4) of section 70, he shall submit an application in writing to the Chairman for permission so to do: Provided as follows:- No such application shall be necessary for permission to erect or re-erect, between a building line and the street alignment,- (a)\ta porch or balcony, or (b)\talong not more than one-third of the frontage, an out-house not exceeding fifteen feet in height. (2) The Chairman shall in no case refuse an application submitted under sub-section (1) if the applicant executes an agreement binding himself and his successors-in-interest to remove, without compensation, any wall or building to which that application relates, in the event of the Kartripakkha - (a)\tdeciding (at any time after an improvement scheme has been sanctioned under section 50 for an area within which such building or wall is situated) that the said wall or building, or any portion thereof, ought to be removed, and (b)\tcalling upon the owner for the time being, by written notice, to remove the same within a time (not being less than sixty days from the date of the service of the notice) to be specified in the said notice. (3) If the Chairman does not, within forty-five days after the receipt of an application under sub-section (1), grant or refuse to grant the permission applied for, such permission shall be deemed to have been granted. (4) If the Chairman refuses permission to any person to erect, re-erect or add to any wall or building as aforesaid which falls- (i)\twithin the street alignment, or (ii)\tbetween the street alignment and the building line of a projected public street, or (iii)\twithin the area of a projected open space, the owner of the land on which it was sought to erect, re-erect or add to such wall or building, may call upon the Kartripakkha, at any time within three months from the date of such refusal either- (a)\tto pay him compensation for any damage sustained by him in consequence of such refusal, or (b)\tto acquire so much of his land as falls within the street alignment, or between the street alignment and the building line, or within the open space, as the case may be; and the Kartripakkha shall thereupon- in case (a), make full compensation to the said owner for any damage which he may be found to have sustained in consequence of such refusal, and in case (b), forthwith take steps to acquire the said land: Provided that, in the case of such land as falls within street alignment only, it shall be optional with the Kartripakkha to acquire the same in lieu of paying compensation therefore. (5) An appeal, if preferred within sixty days of the order of refusal under sub-section (4), shall lie to the Kartripakkha against such order, and the decision of the Kartripakkha on such appeal shall be final.", "name": "Erection of wall or building within a street alignment or building line", "related_acts": "", "section_id": 61 }, { "act_id": 257, "details": "73.\t(1) As soon as may be after the provisions of the Act comes into force, the Kartripakkha shall prepare a Master Plan for the area within its jurisdiction indicating the manner in which it proposes that land should be used (whether by carrying out thereon of development or otherwise) and the stages by which any such development should be carried out. (2) The Master Plan shall include such maps and such descriptive matter as may be necessary to illustrate the proposals aforesaid with such degree of particularity as may be appropriate, between different parts of the area, and any such plan may, in particular, define the sites of proposed roads, public and other buildings and works, or fields, parks, pleasure-grounds and other open spaces or allocate areas of land for use for agricultural, residential, industrial or other purposes of any class specified in the Master Plan. (3) The Government shall, within one month from the receipt of the Master Plan from the Kartripakkha, publish the same in the official Gazette. (4) Any person objecting to the plan or part thereof shall file objection with the Government within sixty days from the date of the publication of the plan. (5) The Government after considering the objections that may be filed, shall approve the Master Plan within four months from the date of publication either with or without modification.", "name": "Preparation of Master Plan by the Kartripakkha", "related_acts": "", "section_id": 62 }, { "act_id": 257, "details": "74.\t(1) When the Government approves the Master Plan submitted under section 73, it shall announce the fact by notification and the publication of such notification shall be conclusive evidence that the Master Plan has been duly made and approved, and thereafter it shall be unlawful for any person to use any land for any purposes other than that laid down in the Master Plan, unless he has been permitted to do so under section 75. (2) The Kartripakkha may, from time to time, with the approval of the Government and the Government may at any time, amend or alter any specific provision of the Master Plan. Any such amendment or alteration shall be published in the official Gazette. (3) All future developments and construction, both public and private, shall be in confirmity with the Master Plan or with the amendment thereof. (4) The Master Plan, or an amendment thereof, shall neither before nor after it has been approved, be questioned in any legal proceedings whatsoever and shall become operative on the day it is approved by the Government and published in the official Gazette.", "name": "Publication of Master Plan", "related_acts": "", "section_id": 63 }, { "act_id": 257, "details": "75.\t(1) If any person desires to use any land for any purpose other than that laid down in the Master Plan approved under sub-section (5) of section 73, he may apply in writing to the Chairman for permission so to do. (2) If the Chairman refuses permission to any person, such person may, within sixty days of the Chairman's refusal, appeal to the Kartripakkha against such refusal. (3) The decision of the Kartripakkha on any appeal under sub-section (2) shall be final.", "name": "Permission for use of land contrary to the Master plan", "related_acts": "", "section_id": 64 }, { "act_id": 257, "details": "76.\tNo compensation shall be payable to any person owing to the restricted use to which his land may be put under sections 73 and 74.", "name": "No compensation payable for restricted use of land", "related_acts": "", "section_id": 65 }, { "act_id": 257, "details": "77.\t(1) All plans for the erection of buildings approved under the provisions of the 47Paurashava Ordinance, 1977 (XXVI of 1977), and the Dacca Municipal Corporation Act, 1974 (LVI of 1974), shall be submitted to the Chairman for sanction. (2) The Chairman may refuse the sanction if the purpose for which the proposed building is to be used is contrary to the provisions of section 73, or if the proposed elevation of the building is unsuitable for the locality or is likely to deteriorate the value of adjoining lands, or on any other reasonable grounds. (3) If the Chairman refuses sanction under sub-section (2), he shall communicate the reasons for such refusal to the Corporation or Paurashava, and the Corporation or Paurashava shall then send a copy thereof to the owner of the site to which the plan relates. (4) The owner of such site may, within a period of three months from the date of the Chairman's refusal, appeal to the Kartripakkha, and the Kartripakkha's decision thereon shall be final. (5) The Corporation or Paurashava shall refuse to grant permission for erection of any structures which have not been sanctioned by the Chairman or the Kartripakkha under this section. 48(6) The Chairman or any other member or any officer of the Kartripakkha, from such date as the Government may, by notification, declare, shall be deemed to be only “authorised officers” within the meaning of clause (a) of section 2 of the Building Construction Act, 1952 (E. B. Act II of 1953), which Act shall be deemed to be modified to that extent, so far as it relates to the area within the jurisdiction of the Kartripakkha.", "name": "Plans for erection of buildings under Ordinance XXVI of 1977 and Act LVI of 1974 to be submitted to the Chairman for sanction", "related_acts": "549,254", "section_id": 66 }, { "act_id": 257, "details": "78.\tThe Kartripakkha may enter into an agreement with any person for the acquisition from him by purchase, lease, or exchange, of any land or any interest in such land, which the Kartripakkha are authorised to acquire.", "name": "Power to purchase or lease by agreement", "related_acts": "", "section_id": 67 }, { "act_id": 257, "details": "4979. (1) The Kartripakkha may, for carrying out of the purposes of this Act, acquire, by purchase, lease, exchange or otherwise, any land or interest in land and dispose of, by sale, lease, exchange or otherwise, such land or any interest in such land. (2) The acquisition of any land or interest in land for the Kartripakkha under this section, or for any scheme under this Act, shall be deemed to be an acquisition for a public purpose within the meaning of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), and the provisions of the said Ordinance shall apply to all such proceedings.", "name": "Power to acquire and dispose of land", "related_acts": "619", "section_id": 68 }, { "act_id": 257, "details": "80.\tTribunal to be constituted.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 69 }, { "act_id": 257, "details": "81.\tModification of the Land Acquisition Act, 1894.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 70 }, { "act_id": 257, "details": "82.\tConstitution of Tribunal.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 71 }, { "act_id": 257, "details": "83.\tRemuneration of the President.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 72 }, { "act_id": 257, "details": "84.\tEmployee of Tribunal.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 73 }, { "act_id": 257, "details": "85.\tPayments by Board on account of Tribunal.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 74 }, { "act_id": 257, "details": "86.\tPower to make rules for Tribunal.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 75 }, { "act_id": 257, "details": "87.\tward of Tribunal how to be enforced.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 76 }, { "act_id": 257, "details": "88.\tAppeal from awards of the Tribunal.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 77 }, { "act_id": 257, "details": "89.\tProcedure in such appeals.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 78 }, { "act_id": 257, "details": "90.\tExecution of orders of Courts.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 79 }, { "act_id": 257, "details": "91.\tPeriod of limitation for such appeals.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 80 }, { "act_id": 257, "details": "91A. Arbitrator.- Inserted by section 14 of the Town Improvement (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. LXIX of 1958) and subsequently omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 81 }, { "act_id": 257, "details": "92.\tAbandonment of acquisition in consideration of special payment.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 82 }, { "act_id": 257, "details": "93.\tAbandonment.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 83 }, { "act_id": 257, "details": "93A. Requisition of Property for any scheme.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 84 }, { "act_id": 257, "details": "93B. Payment of compensation.- Inserted by section 17 of the Town Improvement (Amendment) Ordinance, 1965 (East Pakistan Ordinance No. III of 1965) and subsequently omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 85 }, { "act_id": 257, "details": "5093C. Except as expressly provided in this Chapter, no Civil Court shall entertain any suit or application against any order passed or any action taken under this Chapter and all suits and appeals pending in any such court against any such order passed or any action taken under this Chapter shall abate with effect from the date of coming into force of the Town Improvement (Amendment) Ordinance, 1965.", "name": "Bar to jurisdiction of Civil Court", "related_acts": "", "section_id": 86 }, { "act_id": 257, "details": "94.\t(1) When by the making of any improvement scheme or re-housing scheme, any land in the area comprised in the scheme which is not required for the execution thereof will, in the opinion of the Kartripakkha, be increased in value, the Kartripakkha, in framing the scheme, may, in lieu of providing for the acquisition of such land, declare that a betterment fee shall be payable by the owner of the land or any person having an interest therein in respect of the increase in value of the land resulting from the execution of the scheme. (2) Such betterment fee shall be an amount equal to one-half of the increase in value of the land resulting from the execution of the scheme, and shall be calculated upon the amount by which the value of the land on the completion of the execution of the scheme estimated as if the land were clear of buildings exceeds the value of the land prior to the execution of the scheme estimated in like manner.", "name": "Payment of betterment fee", "related_acts": "", "section_id": 87 }, { "act_id": 257, "details": "95.\t(1) When it appears to the Kartripakkha that an improvement scheme or re-housing scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Kartripakkha shall, by a resolution passed in this behalf, declare that for the purpose of determining such fee the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to every person on whom a notice in respect of the land to be assessed has been served under clause (a) of sub-section (1) of section 48 that the Kartripakkha propose to assess the amount of the betterment fee payable in respect of such land under section 94. 51(2) The Kartripakkha shall then assess the amount of betterment fee payable by each person concerned after giving such person an opportunity to be heard. (3) Any person aggrieved by the assessment made by the Kartripakkha under sub-section (2) may, within thirty days from the date of such assessment, appeal to the Government whose decision thereon shall be final.", "name": "Assessment of betterment fee by Kartripakkha", "related_acts": "", "section_id": 88 }, { "act_id": 257, "details": "96.\tSettlement to betterment fee by Tribunal.- Omitted by section 25 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 89 }, { "act_id": 257, "details": "97.\tWhen the amount of all betterment fees payable in respect of land in the area comprised in the scheme has been determined under section 95 52* * *, the Kartripakkha shall, by a notice in writing to be served on all persons liable to such payment, fix a date by which such payment shall be made; and interest at the rate of 53ten per cent per annum upon any amount outstanding shall be payable from that date.", "name": "Kartripakkha to give notice to persons liable to payment of betterment fee", "related_acts": "", "section_id": 90 }, { "act_id": 257, "details": "98.\t(1) Any person liable to the payment of a betterment fee may, at his option, instead of making a payment thereof to the Kartripakkha to leave the said payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at the rate of 54ten per cent per annum, the first annual payment of such interests to be made one year from the date referred to in section 97. (2) Every payment due from any person in respect of a betterment fee and every charge referred to in sub-section (1) shall, notwithstanding anything contained in any other enactment and notwithstanding the existence of any mortgage or other charge, whether legal or equitable, be the first charge upon the interest of such person in such land. (3) Omitted by section 27 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Agreement to make payment of betterment fee a charge on land", "related_acts": "", "section_id": 91 }, { "act_id": 257, "details": "99.\tRecovery of money.- Omitted by section 28 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 92 }, { "act_id": 257, "details": "100. Agreement or payment not to bar acquisition under a fresh declaration.- Omitted by section 28 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 93 }, { "act_id": 257, "details": "101. (1) The Kartripakkha may retain, or may let on hire, lease, sell, exchange or otherwise dispose of any land vested in or acquired by them under this Act. (2) Whenever the Kartripakkha decide to lease or sell any land acquired by them under this Act from any person, they- (a)\tshall give notice by advertisement in local newspapers, and (b)\tshall offer to the said person, or his heirs, executors or administrators, a prior right to take on lease or to purchase such land, at a rate to be fixed by the Kartripakkha, if the Kartripakkha considers that such a right can be given without detriment to the carrying out of the purposes of this Act. (3) If in any case two or more persons claim to exercise a right offered under clause (b) of sub-section (2) to take on lease or to purchase any land, the right shall be exercisable by the person who agrees to pay the highest sum for the land, not being less than the rate fixed by the Kartripakkha under that clause, to the exclusion of the others.", "name": "Power to dispose of land", "related_acts": "", "section_id": 94 }, { "act_id": 257, "details": "102. The Government may make rules, not inconsistent with the provisions of this Act, for carrying out the purposes of this Act. In particular, and without prejudice to the generality of the foregoing power, the Government may make rules for all or any of the following matters, namely:- 55* * * (d)\tsecurities from contractors for the execution of contracts; (e)\tthe conditions on which employees of the Kartripakkha or of the Tribunal may be appointed, reduced, suspended, discharged, removed, dismissed or otherwise punished; (f)\tmaintenance and submission of returns, statements, reports, accounts and other records or documents required by this Act and the forms thereof; (g)\tfees in respect of any matter not specifically provided for in this Act; (h)\tthe procedure for preferring appeals to the Government under the provisions of this Act; and (i)\tany other matter in respect of which this Act makes no provision or insufficient provision, and for which provision is, in the opinion of the Government, necessary, or which is directed to be prescribed.", "name": "Power to Government to make rules", "related_acts": "", "section_id": 95 }, { "act_id": 257, "details": "56103. (1) The Corporation or Paurashava shall pay from the Corporation or Paurashava Fund to the Kartripakkha on the first day of each quarter a sum equivalent to one-half per cent per quarter on the annual value of buildings and lands determined under the provisions of the Dacca Municipal Corporation Act, 1974 (LVI of 1974), or the Paurashava Ordinance, 1977 (XXVI of 1977), as it stood on the first day of the last preceding quarter. (2) The Corporation or Paurashava contributions prescribed by sub-section (1) shall be expenditure charged on the Corporation or Paurashava Fund.", "name": "Contributions from Corporation or Paurashava Fund", "related_acts": "549", "section_id": 96 }, { "act_id": 257, "details": "104. The Kartripakkha may from time to time borrow, at such rate of interest, and for such period, and upon such terms, as to the time and method of repayment and otherwise, as the Government may approve, any sum necessary for the purpose of- (a)\tmeeting expenditure debitable to the capital account under section 137, or (b)\trepaying any loan previously taken under this Act.", "name": "Power of Kartripakkha to borrow money", "related_acts": "", "section_id": 97 }, { "act_id": 257, "details": "105. Whenever the borrowing of any sum has been approved under section 104, the Kartripakkha may, instead of borrowing such sum or any part thereof from the public, take credit from any Bank, on a cash account to be kept in the name of the Kartripakkha, to the extent of such sum or part; and, with the previous sanction of the Government may grant mortgages of all or any property vested in the Kartripakkha by way of securring the payment of the amount of such credit or of the sums from time to time advanced on such cash account with interest.", "name": "Loans from Banks", "related_acts": "", "section_id": 98 }, { "act_id": 257, "details": "106. When any sum of money has been borrowed under section 104 or section 105 for the purpose of meeting particular expenditure or repaying a particular loan, no portion thereof shall be applied to any other purpose without the previous sanction of the Government.", "name": "Application of borrowed money", "related_acts": "", "section_id": 99 }, { "act_id": 257, "details": "107. (1) Whenever money is borrowed by the Kartripakkha on debentures, the debentures shall be in such form as the Kartripakkha, with the previous sanction of the Government, may from time to time determine. (2) All debentures shall be signed by the Chairman and one other 57member. (3) The holder of any debenture in any form prescribed under sub-section (1) may obtain in exchange therefore, upon such terms as the Kartripakkha may from time to time determine, a debenture in any other form so prescribed. (4) Every debenture issued by the Kartripakkha shall be transferable by endorsement, unless some other mode of transfer be prescribed therein. (5) The right to sue in respect of moneys secured by debentures issued by the Kartripakkha shall vest in the respective holders of the debentures for the time being, without any preference by reason of some of such debentures being prior in date to others.", "name": "Form, signature, exchange, transfer and effect of debentures", "related_acts": "", "section_id": 100 }, { "act_id": 257, "details": "108. All coupons attached to the debentures issued under this Act shall bear the signature of the Chairman; and such signature may be engraved, lithographed or impressed by any mechanical process.", "name": "Signature of coupons attached to debentures", "related_acts": "", "section_id": 101 }, { "act_id": 257, "details": "109. When any debenture or security issued under this Act is payable to two or more persons jointly, and either or any of them dies, then, notwithstanding anything in section 45 of the Contract Act, 1872, the debenture or security shall be payable to the survivor or survivors of such persons: Provided that nothing in this section shall affect any claim by the representative of a deceased person against such survivor or survivors.", "name": "Payments to survivors of joint payees", "related_acts": "26", "section_id": 102 }, { "act_id": 257, "details": "110. Where two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to the Kartripakkha by any other of such persons.", "name": "Receipt by joint holders for interest or dividend", "related_acts": "", "section_id": 103 }, { "act_id": 257, "details": "111. All payments due from the Kartripakkha for interest on, or the repayment of, loans, shall be made in priority to all other payments due from the Kartripakkha.", "name": "Priority of payment for interest and repayment of loans", "related_acts": "", "section_id": 104 }, { "act_id": 257, "details": "112. Every loan taken by the Kartripakkha under section 104 shall be repaid within the period approved by the Government under that section, and, subject to the provisions of sub-section (2) of section 139, by such of the following methods as may be so approved, namely:- (a)\tfrom a sinking fund established under section 113 in respect of the loan, or (b)\tby paying equal yearly or half-yearly instalments of principal, or of principal and interest, throughout the said period, or (c)\tif the Kartripakkha have, before borrowing money on debentures, reserved, by public notice, a power to pay off the loan by periodical instalments and to select by lot the particular debentures to be discharged at particular periods – then by paying such instalments at such periods, or (d)\tfrom money borrowed for the purpose under section 104, clause (b), or (e)\tpartly from the sinking fund established under section 113 in respect of the loan, and partly from money borrowed for the purpose under section 104, clause (b).", "name": "Repayment of loans taken under section 104", "related_acts": "", "section_id": 105 }, { "act_id": 257, "details": "113. (1) Whenever the Government have approved the repayment of a loan from a sinking fund, the Kartripakkha shall establish such a fund and shall pay into it in every year, until the loan is repaid, a sum so calculated that, if regularly paid throughout the period approved by the Government under section 104, it would, with accumulations in the way of compound interest, be sufficient, after payment of all expenses, to pay off the loan at the end of that period. (2) The rate of interest, on the basis of which the sum referred to in sub-section (1) shall be calculated, shall be such as may be prescribed by the Government.", "name": "Establishment and maintenance of sinking funds", "related_acts": "", "section_id": 106 }, { "act_id": 257, "details": "114. Notwithstanding anything contained in section 113, if at any time the sum standing at the credit of the sinking fund established for the repayment of any loan, is of such amount that, if allowed to accumulate at the rate of interest prescribed under sub-section (2) of that section, it will be sufficient to repay the loan at the end of the period approved by the Government under section 104, then, with the permission of the Government, further annual payments into such funds may be discontinued.", "name": "Power o discontinue payments into sinking funds", "related_acts": "", "section_id": 107 }, { "act_id": 257, "details": "115. (1) All money paid into any sinking fund shall, as soon as possible, be invested, under the orders of the Kartripakkha, in- (a)\tGovernment securities, or (b)\tsecurities granted by the Government, or (c)\tdebentures issued by the Kartripakkha, in the joint names of the Secretary to the Government 58in the Ministry or Division dealing with Finance and the Comptroller and Auditor-General of Bangladesh, hereinafter referred to as the Auditor-General, to be held by them as Trustees for the purpose of repaying from time to time the debentures issued by the Kartripakkha. (2) All dividends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the appropriate sinking fund and invested in the manner prescribed in sub-section (1). (3) Any investment made under this section may from time to time, subject to the provisions of sub-section (1), be varied or transposed.", "name": "Investment of sinking funds", "related_acts": "", "section_id": 108 }, { "act_id": 257, "details": "116. The aforesaid Trustees may from time to time apply any sinking fund, or any part thereof, in or towards the discharge of the loan or any part of the loan for which such fund was established; and until such loan is wholly discharged shall not apply the same for any other purpose.", "name": "Application of sinking funds", "related_acts": "", "section_id": 109 }, { "act_id": 257, "details": "117. (1) The aforesaid Trustees shall, at the end of every financial year, transmit to the Chairman of a statement showing- (a)\tthe amount which has been invested during the year under section 115, (b)\tthe date of the last investment made previous to the transmission of the statement, (c) \tthe aggregate amount of the securities held by them, (d)\tthe aggregate amount which has, up to the date of the statement, been applied under section 116 in or towards repaying loans, and (e)\tthe aggregate amount already paid into each sinking fund. (2) Every such statement shall be laid before the Kartripakkha and published by notification.", "name": "Annual statement by Trustees", "related_acts": "", "section_id": 110 }, { "act_id": 257, "details": "118. (1) The said sinking funds shall be subject to annual examination by the 59Auditor-General, who shall ascertain whether the cash and the current value of the securities at credit of such funds are actually equal to the amount which would have accumulated, had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom. The 60Auditor-General may take into consideration any excess accumulation in any one sinking fund towards any deficiency in any other sinking fund. (2) The Kartripakkha shall forthwith pay into any sinking fund any amount which the 61Auditor-General may certify to be deficient, unless the Government specially sanction a gradual readjustment.", "name": "Annual examination of sinking funds", "related_acts": "", "section_id": 111 }, { "act_id": 257, "details": "119. (1) If the Kartripakkha fail- (a)\tto pay any interest due in respect of any loan taken in pursuance of section 104, or (b)\tto make any payment prescribed by section 112, section 113 or sub-section (2) of section 118, or (c)\tto make any investment prescribed by section 115, the 62Auditor-General shall make such payment or set aside and invest such sum as ought to have been invested under the said section 115, as the case may be; and the 63Mayor of the Corporation or Chairman of the Paurashava shall forthwith pay from the 64the Corporation or Paurashava Fund to the Auditor-General a sum equivalent to the sum so paid or invested by him; and the Government may attach the rents and other income of the Kartripakkha. (2) Whenever the 65Mayor of the Corporation or Chairman of the Paurashava has made any payment to the 66Auditor-General under sub-section (1), the Government shall reimburse the Corporation or Paurashava out of the rents and income attached under sub-section (1) and if such rents and income prove insufficient for the purpose, may, 67direct the Corporation or Paurashava to increase the tax on the annual value of buildings and lands leviable by them to such extent as may be necessary for the purposes of making up the deficiency.", "name": "Procedure if Kartripakkha fail to make any payment or investment in respect of loans", "related_acts": "", "section_id": 112 }, { "act_id": 257, "details": "68120. If the Mayor of the Corporation or Chairman of the Paurashava fails to make any payment as required by section 103 or section 119, the Government may attach the Corporation or Paurashava Fund, and may direct the Corporation or Paurashava to increase the tax on the annual value of buildings and lands levied by them to such extent as may be necessary for the purpose of making such payment.", "name": "Procedure if the Mayor of the Corporation or Chairman of the Paurashava fails to make any payment due to the Kartripakkha", "related_acts": "", "section_id": 113 }, { "act_id": 257, "details": "121. All moneys paid by the 69Mayor of the Corporation or Chairman of the Paurashava under sub-section (1) of section 119 and not reimbursed by the Government under sub-section (2) of that section and all moneys payable under sub-section (1) of section 119 and levied under section 120 shall constitute a charge upon the property of the Kartripakkha.", "name": "Payment under section 119 to be a charge on the property of the Kartripakkha", "related_acts": "", "section_id": 114 }, { "act_id": 257, "details": "122. (1) The Chairman shall, at a special meeting to be held in the month of May in each year, lay before the Kartripakkha an estimate of the income and expenditure of the Kartripakkha for the next ensuing financial year. (2) Every such estimate shall make provision for the due fulfilment of all the liabilities of the Kartripakkha and for the efficient administration of this Act. (3) Every such estimate shall differentiate capital and revenue funds, and shall be prepared in such form, and shall contain such details, as the Government or the Kartripakkha may from time to time direct. (4) Every such estimate shall be completed and printed, and a copy thereof sent, by post or otherwise, to each 70member, at least ten clear days before the date of meeting at which the estimate is to be laid before the Kartripakkha.", "name": "Estimates of income and expenditure to be laid annually before the Kartripakkha", "related_acts": "", "section_id": 115 }, { "act_id": 257, "details": "123. The Kartripakkha shall consider every estimate so laid before them, and shall sanction the same, either without alteration or with such alteration as they may think fit.", "name": "Sanction of Kartripakkha to estimates", "related_acts": "", "section_id": 116 }, { "act_id": 257, "details": "124. (1) Every such estimate as sanctioned by the Kartripakkha, shall be submitted to the Government who may at any time within two months after receipt of the same- (a)\tapprove the estimate, or (b)\tdisallow the estimate or any portion thereof, and return the estimate to the Kartripakkha for amendment. (2) If any estimate is so returned to the Kartripakkha, they shall forthwith proceed to amend it, and shall resubmit the estimate, as amended, to the Government who may then approve it.", "name": "Approval of Government to estimates", "related_acts": "", "section_id": 117 }, { "act_id": 257, "details": "125. A copy of every such estimate shall, when approved by the Government, be sent by the Kartripakkha to the 72Mayor of the Corporation or Chairman of the Paurashava.", "name": "Transmission of copy of estimate to the Mayor of the Corporation or Chairman of the Paurashava", "related_acts": "", "section_id": 118 }, { "act_id": 257, "details": "126. Special provision as to the first estimate of the constitution of the Board.- Omitted by section 37 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 119 }, { "act_id": 257, "details": "127. (1) The Kartripakkha may, at any time during the financial year for which any estimate has been sanctioned, cause a supplementary estimate to be prepared and laid before them at a special meeting. (2) The provisions of sub-sections (3) and (4) of section 122, and sections 123 to 125 shall apply to every supplementary estimate.", "name": "Supplementary estimates", "related_acts": "", "section_id": 120 }, { "act_id": 257, "details": "128. (1) No sum shall be expended by or on behalf of the Kartripakkha unless the expenditure of the same is covered by a current budget grant or can be met by reappropriation or by drawing on the closing balance. (2) The closing balance shall not be reduced below one lakh of taka without the previous sanction of the Government. (3) The following items shall be excepted from the provisions of sub-sections (1) and (2), namely,- (a)\tre-payments of moneys belonging to contractors or other persons and held in deposit, and of moneys collected by, or credited to the Kartripakkha by mistake; (b)\tpayments due under a decree or order of a Court passed against the Kartripakkha or against the Chairman ex-officio 73* * *; (c)\tsums payable under a compromise of any suit or other legal proceeding or claim effected under section 167; (d)\tsums payable under this Act by way of compensation; (e)\tpayments required to meet some pressing emergency; and (f)\tgratuitious payments up to a maximum of five hundred taka. (4) Whenever any sum exceeding five thousand taka is expended under clause (e) of sub-section (3) or whenever any sum is expended under clause (f) of that sub-section, the Chairman shall forthwith report the circumstances to the Government, and shall at the same time explain how the Kartripakkha propose to cover the expenditure.", "name": "Adherence to estimate and maintenance of closing balance", "related_acts": "", "section_id": 121 }, { "act_id": 257, "details": "129. (1) All moneys at the credit of the Kartripakkha shall be kept in the 74Bangladesh Bank. (2) All moneys payable to the Kartripakkha shall be received by the Chairman, and shall forthwith be paid into the aforesaid Bank to the credit of any account which shall be styled “The Account of the 75Rajdhani Unnayan Kartripakkha”.", "name": "Receipt of moneys and deposit in Bank", "related_acts": "", "section_id": 122 }, { "act_id": 257, "details": "130. (1) Surplus moneys at the credit of the said account may from time to time be- (a)\tdeposited at interest in the 76Bangladesh Bank or in any other Bank in 77Dhaka approved by the Government in this behalf, or (b)\tinvested in any of the securities or debentures mentioned in sub-section (1) of section 115 of this Act or section 20 of the Trusts Act, 1882. (2) All such deposits and investments shall be made by the Chairman on behalf of, and with the sanction of, the Kartripakkha; and with like sanction, the Chairman may at any time withdraw any deposit so made or dispose of any securities, and re-deposit or re-invest the money so withdrawn or the proceeds of the disposal of such securities.", "name": "Investment of surplus moneys", "related_acts": "47", "section_id": 123 }, { "act_id": 257, "details": "131. (1) No payment shall be made by the 78Bangladesh Bank out of the account referred to in section 129 except upon a cheque. (2) Payment of any sum due by the Kartripakkha exceeding one hundred taka in amount shall be made by means of a cheque and not in any other way.", "name": "Payments by Cheques", "related_acts": "", "section_id": 124 }, { "act_id": 257, "details": "79132. All orders for making any deposit, investment, withdrawal or disposal under section 130, and all cheques referred to in section 131 shall be signed by the Chairman and a member authorised by the Kartripakkha or an officer of the Kartripakkha to be specified by it: Provided that the Chairman may, with the approval of the Kartripakkha, empower any member to sign the cheques in his place if the amount of cheque does not exceed one lac Taka.", "name": "Signing of orders under section 130 and cheques", "related_acts": "", "section_id": 125 }, { "act_id": 257, "details": "133. Before 80a person to the Kartripakkha signs a cheque under section 132, he must satisfy himself that the sum for which such cheque is drawn either is required for a purpose or work specifically sanctioned by the Kartripakkha or is an item of one of the excepted descriptions specified in section 128, sub-section (3).", "name": "Duty of Chairman and others before signing cheques", "related_acts": "", "section_id": 126 }, { "act_id": 257, "details": "134. (1) The expression “cost of management”, as used in the following sections in this Chapter, means- 81(a) \tthe salary and other remuneration of the Chairman and other members; (c)\tthe salaries, fees and allowances of, and the contributions paid under section 160 in respect of, employees of the Kartripakkha who are included in statements prepared under section 32; (d)\tthe remuneration of other employees of the Kartripakkha except employees who are paid by the day or whose pay is charged to temporary work; 82* * * (2) Omitted by section 43 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Definition of “Cost of management”", "related_acts": "", "section_id": 127 }, { "act_id": 257, "details": "135. (1) The Kartripakkha shall keep a capital account and a revenue account. (2) The capital account shall show separately all expenditure incurred by the Kartripakkha on each improvement scheme and each re-housing scheme.", "name": "Keeping of capital account and revenue account", "related_acts": "", "section_id": 128 }, { "act_id": 257, "details": "136. There shall be credited to the capital account- (a)\tall sums (except interest) received by way of special payments or betterment fees in pursuance of 83section 94; (b)\tall moneys received on account of loans taken by the Kartripakkha in pursuance of section 104 or section 105; (c)\tthe proceeds of the sale of any land vested in the Kartripakkha which was purchased out of any loan taken in pursuance of section 104 or section 105; (d)\twhere land was purchased out of an advance from the revenue account, the portion of the proceeds of the sale of such land which remains after crediting to the revenue account the amount of such advance; (e)\tthe proceeds of the sale of any movable property (including securities for money invested from the capital account) belonging to the Kartripakkha; (f)\tall lump sums received from 84the Government in aid of the capital account; (g)\tall premia received by the Kartripakkha in connection with leases for any term exceeding forty years; (h)\tall sums (if any) which the Government directs, under sub-section (2) of section 139 to be credited to the capital account; and (i) \tall moneys resulting from the sale of securities by the direction of the Government under section 140.", "name": "Credits to capital account", "related_acts": "", "section_id": 129 }, { "act_id": 257, "details": "137. The moneys credited to the capital account shall be held by the Kartripakkha in trust, and shall be applied to- (a)\tmeeting all costs of framing and executing improvement schemes and re-housing schemes; (b)\tmeeting the cost of acquiring land for carrying out any of the purposes of this Act; (c)\tmeeting the cost of constructing buildings required for carrying out any of the purposes of this Act; (d)\tthe repayment of loans from money borrowed in pursuance of clause (b) of section 104; (e)\tmaking payments in pursuance of section 163 otherwise than for interest or for expenses of maintenance or working; (f)\tmaking or contributing towards the cost of making, surveys, in pursuance of section 180; (g)\tmeeting such proportion of the cost of management as the Kartripakkha may, with the sanction of the Government, prescribe in this behalf; and (h)\ttemporarily making good the deficit (if any) in the revenue account at the end of any financial year.", "name": "Application of capital account", "related_acts": "", "section_id": 130 }, { "act_id": 257, "details": "138. There shall be credited to the revenue account- (a)\tall interest received in pursuance of sections 92, 98 or 99; (b)\tall sums contributed from 85Corporation or Paurashava Funds which are received by the Kartripakkha under section 103; (c)\tall damages received by the Kartripakkha under section 175; (d)\tall annually recurring sums received from the Government in aid of the funds of the Kartripakkha; (e)\tall premia received by the Kartripakkha in connection with leases for any term not exceeding forty years; (f)\tall rents of land vested in the Kartripakkha; and (g)\tall other receipts by the Kartripakkha which are not required by section 136 to be credited to the Capital account.", "name": "Credits to revenue account", "related_acts": "", "section_id": 131 }, { "act_id": 257, "details": "139. (1) The moneys credited to the revenue account shall be held by the Kartripakkha in trust, and shall be applied to- (a) \tmeeting all charges for interest and sinking fund due on account of any loan taken in pursuance of clause (a) of section 104 or section 105 and all other charges incurred in connection with such loans; (b)\tpaying all sums due from the Kartripakkha in respect of rates and taxes imposed under the 86Dhaka Municipal Corporation Act, 1974 (LVI of 1974), and the Paurashava Ordinance, 1977 (XXVI of 1977), upon land vested in the Kartripakkha; (c)\tpaying the cost (if any) of maintaining a separate establishment for the collection of the rents and other proceeds of land vested in the Kartripakkha; (d)\tpaying all sums which the Government may direct to be paid to any auditor under section 146; (e)\tmaking payments in pursuance of section 163 for interest or for expenses of maintenance or working; (f)\tpaying the cost of management, excluding such portion thereof as may be debited to the capital account under clause (g) of section 137; and (g)\tpaying all other sums due from the Kartripakkha, other than those which are required by section 137 to be disbursed from the capital account. (2) The surplus (if any) remaining after making the payments referred to in sub-section (1) shall, subject to the maintenance of a closing balance as required by sub-section (2) of section 128, and except as provided in section 141 and unless the Government otherwise directs, be invested, in the manner prescribed in section 115, towards the service of any loans outstanding after the expiry of sixty years from the commencement of this Act.", "name": "Application of revenue account", "related_acts": "549", "section_id": 132 }, { "act_id": 257, "details": "140. If, at any time after any surplus referred to in sub-section (2) of section 139 has been invested, the Government is satisfied that the investment is not needed for the service of any loan referred to in that sub-section, it may direct the sale of the securities held under the investment.", "name": "Power to direct sale of securities", "related_acts": "", "section_id": 133 }, { "act_id": 257, "details": "141. (1) Notwithstanding anything contained in section 139, the Kartripakkha may advance any sum standing at the credit of the revenue account for the purpose of meeting capital expenditure. (2) Every advance shall be refunded to the revenue account as soon as may be practicable.", "name": "Advances from revenue account to capital account", "related_acts": "", "section_id": 134 }, { "act_id": 257, "details": "142. (1) Any deficit in the revenue account at the end of any financial year may be made good by an advance from the capital account. (2) Every such advance shall be refunded to the capital account in the following financial year.", "name": "Advances from capital account to revenue account", "related_acts": "", "section_id": 135 }, { "act_id": 257, "details": "143. The Kartripakkha shall submit to the Government at the end of such half of every financial year, an abstract of the accounts of their receipts and expenditure.", "name": "Submission of abstracts of accounts", "related_acts": "", "section_id": 136 }, { "act_id": 257, "details": "144. The accounts of the Kartripakkha shall, once in every financial year, be examined and audited by such auditor as the Government may appoint in this behalf.", "name": "Annual audit of accounts", "related_acts": "", "section_id": 137 }, { "act_id": 257, "details": "145. The auditor so appointed may,- (a)\tby written summons, require the production before him of any document which he may consider necessary for the proper conduct of the audit; (b)\tby written summons, require any persons having the custody or control of, or being accountable for, any such documents to appear in person before him; and (c)\trequire any person so appearing before him to make and sign a declaration with respect to any such document, to answer any questions, or to prepare and submit any statement.", "name": "Powers of auditors", "related_acts": "", "section_id": 138 }, { "act_id": 257, "details": "146. The Kartripakkha shall pay to the said auditor such remuneration as the Government may direct.", "name": "Remuneration of auditor", "related_acts": "", "section_id": 139 }, { "act_id": 257, "details": "147. The said auditor shall- (a) \treport to the Kartripakkha any material impropriety or irregularity which he may observe in the expenditure, or in the recovery of moneys due to the Kartripakkha, or in the accounts, and report the same to the Government, (b)\tfurnish to the Kartripakkha such information as they may from time to time require concerning the progress of his audit, and (c)\twithin fourteen days after the completion of his audit, forward his report upon the accounts to the Chairman.", "name": "Auditor’s report to the Kartripakkha", "related_acts": "", "section_id": 140 }, { "act_id": 257, "details": "148. It shall be the duty of the Kartripakkha forthwith to remedy any defects or irregularities that may be pointed out by the auditor.", "name": "Kartripakkha to remedy defects", "related_acts": "", "section_id": 141 }, { "act_id": 257, "details": "149. The Chairman shall cause the report mentioned in clause (c) of section 147 to be printed and shall forward a printed copy thereof to each 88member, and shall bring such report before the Kartripakkha for consideration at their next meeting.", "name": "Auditor’s report to be sent to each member", "related_acts": "", "section_id": 142 }, { "act_id": 257, "details": "150. As soon as practicable after the receipt of the said report, the Kartripakkha shall prepare an abstract of the accounts to which it relates, and shall publish such abstract by notification, and shall send a copy of the abstract to 89Mayor of the Corporation or Chairman of the Paurashava and to Government.", "name": "Publication and transmission of an abstract of the accounts", "related_acts": "", "section_id": 143 }, { "act_id": 257, "details": "151. In addition to the power conferred by section 102, the Government may make rules- 90* * * (3) \tfor prescribing the form of the abstracts of accounts referred to in sections 143 and 150.", "name": "Further power to Government for making rules", "related_acts": "", "section_id": 144 }, { "act_id": 257, "details": "152. (1) In addition to the power conferred by section 33, the Kartripakkha may from time to time make 92regulations (not inconsistent with any rules made by the Government) for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, the Kartripakkha may make 93regulations- 94* * * (d)\tfor the guidance of persons employed by them under this Act; (e)\tfor prescribing the fees payable for copies of documents delivered under sub-section (3) of section 45 or clause (iv) of sub-section (3) of section 69; (f)\tfor facilitating the taking of a census and securing accurate returns thereof; (g)\tfor the maintenance and management of any buildings, houses or shops constructed under any improvement or re-housing scheme; and (h)\tfor preferring appeals to the Kartripakkha under the provisions of this Act. (3) In making any 95regulation under sub-section (1) or sub-section (2), the Kartripakkha may provide that a breach of it shall be punishable- (i)\twith fine which may extend to 96one thousand taka, (ii)\tin case of a continuing breach, with fine which may extend to 97one hundred taka for everyday during which the breach continues after receipt of written notice from the Chairman to discontinue the breach.", "name": "Further power to Kartripakkha for making regulations", "related_acts": "", "section_id": 145 }, { "act_id": 257, "details": "153. The power to make 98regulations under section 33, or section 152 is subject to the conditions of the 99regulations being made after previous publication, and to the following further conditions, namely:- (a)\ta draft of the 100regulations shall be published by notification and in local newspapers; (b)\tsuch draft shall not be further proceeded with until after the expiration of a period of one month from such publication or such longer period as the Government 101* * * the Kartripakkha may appoint; (c)\tfor one month at least during such period, a printed copy of such draft shall be kept at the Kartripakkha's office for public inspection, and every person shall be permitted at any reasonable time to persue the same, free of charge; and (d)\tprinted copy of such draft shall be delivered to any person requiring the same, on payment of a fee of 102one taka for each copy.", "name": "Conditions precedent to the making of rules under section 33, or 152", "related_acts": "", "section_id": 146 }, { "act_id": 257, "details": "154. No 104regulation made under section 33 or section 152 shall have any validity unless and until it is sanctioned, with or without modification, by the Government.", "name": "Sanction of Government to regulation made under section 33 or 152", "related_acts": "", "section_id": 147 }, { "act_id": 257, "details": "155. When any rule has been made under section 102 or section 151 and when any rule 106or regulation has been made under section 33 or section 152 and duly sanctioned, it shall be published by the Government by notification, and such publication shall be conclusive proof that the rule 107or regulation has been duly made.", "name": "Publication of rule or regulation", "related_acts": "", "section_id": 148 }, { "act_id": 257, "details": "156. Printing and sale of copies of rules.- Omitted by section 52 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 149 }, { "act_id": 257, "details": "157. Exhibition of copies of rules.- Omitted by section 52 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 150 }, { "act_id": 257, "details": "158. The Government may at any time, by notification, cancel any 109regulation made by the Kartripakkha under section 152.", "name": "Cancellation of regulation made under section 152", "related_acts": "", "section_id": 151 }, { "act_id": 257, "details": "110159. Every member or every employee of the Kartripakkha shall be deemed to be a public servant within the meaning of section 21 of the Penal Code, 1860 (Act XLV of 1860).", "name": "Members, etc., deemed public servant", "related_acts": "11", "section_id": 152 }, { "act_id": 257, "details": "160. The Kartripakkha shall be liable to pay such contribution for the leave allowance and pension of any servant of the Government employed as 111Chairman or other member or as an employee of the Katripakkha, by the conditions of his service under the Government to be paid by him or on his behalf.", "name": "Contributions by Kartripakkha towards leave allowances and pensions of Government servants employed under this Act", "related_acts": "", "section_id": 153 }, { "act_id": 257, "details": "161. Power to extend the Bengal Municipal Act, 1932, to areas to which provisions of this Act have been extended.- Omitted by section 33 of the Town Improvement (Amendment) Ordinance, 1963 (East Pakistan Ordinance No. VI of 1963).", "name": "Omitted.", "related_acts": "", "section_id": 154 }, { "act_id": 257, "details": "162. (1) Before finally publishing any notification under sub-section (2) of section 1, the Government shall publish a draft of the same in the official Gazette. (2) Any tax-payer or inhabitant of the area affected by such draft, may, if he objects to the draft, submit his objection in writing to the Government within six weeks from its publication, and the Government shall take such objection into consideration.", "name": "Publication of notification under section 1 (2) in draft for criticism", "related_acts": "", "section_id": 155 }, { "act_id": 257, "details": "163. With a view to facilitating the movement of the population in and around the City or Municipality, the Kartripakkha may from time to time,- (1)\tsubject to any conditions they may think fit to impose,- (a)\tguarantee the payment, from the funds at their disposal, of such sums as they may think fit, by way of interest on capital expended on the construction, maintenance or working of means of locomotion; or (b)\tmaking such payments as they may think fit from the said funds, by way of subsidy to persons undertaking to provide, maintain and work means of locomotion; or (2) \teither singly or in combination, with any other person, construct, maintain and work any means of locomotion, under the provisions of any law applicable thereto, or (3)\tconstruct, or widen, strengthen or otherwise improve, bridges: Provided that no guarantee or subsidy shall be made under clause (1), and no means of locomotion shall be constructed, maintained or worked under clause (2), without the sanction of the Government.", "name": "Power of the Kartripakkha for facilitating movement of the population", "related_acts": "", "section_id": 156 }, { "act_id": 257, "details": "164. Nothing in this Act shall be deemed to affect the provisions of the Telegraph Act, 1885, or the Railways Act, 1890.", "name": "Savings", "related_acts": "55,65", "section_id": 157 }, { "act_id": 257, "details": "165. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, all offences against this Act or any 112rule or regulation made hereunder shall be cognizable by a Magistrate of the first class; and no such Magistrate shall be deemed to be incapable of taking cognizance of any such offence by reason only of being liable to pay any duty imposed by this Act or of his being benefited by the funds to the credit of which any fine imposed by him will be payable.", "name": "Cognizance of Offences", "related_acts": "75", "section_id": 158 }, { "act_id": 257, "details": "166. No person shall be liable to punishment for any offence against this Act or any 113rule or regulation made hereunder unless complaint of such offence is made before a Magistrate of the first class within three months next after the commission of such offence.", "name": "Limitation of time for prosecution", "related_acts": "", "section_id": 159 }, { "act_id": 257, "details": "167. The Chairman may, subject to the control of the Kartripakkha,- (a)\tinstitute, defend or withdraw from, legal proceedings under this Act or any 114rule or regulation made hereunder; (b)\tcompound any offence against this Act or any 115rule or regulation made hereunder which, under any law for the time being in force, may lawfully be compounded; (c)\tadmit, compromise or withdraw any claim made under this Act or any 116rule or regulation made hereunder; and (d)\tobtain such legal advice and assistance as he may from time to time think it necessary or expedient to obtain, or as he may be desired by the Kartripakkha to obtain, for any of the purposes referred to in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the Kartripakkha or any employee of the Kartripakkha.", "name": "Powers of Chairman as to institution, etc., of legal proceedings and obtaining legal advice", "related_acts": "", "section_id": 160 }, { "act_id": 257, "details": "168. No suit shall be maintainable against the Kartripakkha, or any 117member, or any employee of the Kartripakkha, or any person acting under the direction of the Kartripakkha or of the Chairman or of any employee of the Kartripakkha, in respect of anything lawfully and in good faith and with due care and attention done under this Act or any 118rule or regulation made hereunder.", "name": "Indemnity to Kartripakkha, etc.", "related_acts": "", "section_id": 161 }, { "act_id": 257, "details": "169. No suit shall be instituted against the Kartripakkha, or any 119member, or any employee of the Kartripakkha, or any person acting under the direction of the Kartripakkha or of the Chairman or of any employee of the Kartripakkha, in respect of any act purporting to be done under this Act or any 120rule or regulation made hereunder, until the expiration of one month next after written notice has been delivered or left at the Kartripakkha's office or the place of abode of such employee or person, stating the cause of action, the name and place of abode of the intending plaintiff, and the relief which he claims; and the plaint must contain a statement that such notice has been so delivered or left.", "name": "Notice of suit against Kartripakkha, etc.", "related_acts": "", "section_id": 162 }, { "act_id": 257, "details": "170. (1) The 121Police Commissioner and Superintendent of Police and their subordinates shall be bound to co-operate with the Chairman for carrying into effect and enforcing the provisions of this Act. (2) It shall be the duty of every Police Officer who is subordinate to the The 122Police Commissioner and Superintendent of Police- (i)\tto communicate without delay to the proper employee of the Kartripakkha any information which he receives of a design to commit or of the commission of any offence against this Act or any 123rule or regulation made hereunder, and (ii)\tto assist the Chairman or any employee of the Kartripakkha reasonably demanding his aid for the lawful exercise of any power vesting in the Chairman or in such employee under this Act or any such 124rule or regulation.", "name": "Co-operation of the Police", "related_acts": "", "section_id": 163 }, { "act_id": 257, "details": "171. (1) Every Police Officer shall arrest any person who commits, within his view, any offence against this Act or any 125rule or regulation made hereunder, if the name and address of such person be unknown to him, and if such person, on demand declines to give his name and address, or gives a name or address which such officer has reason to belive to be false. (2) No person so arrested shall be detained in custody after his true name and address are ascertained, or without the order of a Magistrate, for any longer time, not exceeding at the most twenty-four hours from the arrest, than is necessary for bringing him before a Magistrate. (3) On the written application of the Chairman, any Police Officer above the rank of constable shall arrest any person who obstructs any employee of the Kartripakkha in the exercise of any of the powers conferred by this Act or any 126rule or regulation made hereunder.", "name": "Arrest of offenders", "related_acts": "", "section_id": 164 }, { "act_id": 257, "details": "172. Whenever, under this Act or any 127rule or regulation made hereunder, the doing or the omitting to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of- (a)\tthe Kartripakkha or the Chairman, or (b)\tany employee of the Kartripakkha, a written document, signed, in case (a) by the Chairman, and in case (b) by the said employee, purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence of such approval, sanction, consent, concurrence, declaration, opinion or satisfaction.", "name": "Proof of consent, etc., of Kartripakkha or Chairman or employee of Kartripakkha", "related_acts": "", "section_id": 165 }, { "act_id": 257, "details": "173. Validation of Acts and Proceedings.- Omitted by section 60 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted.", "related_acts": "", "section_id": 166 }, { "act_id": 257, "details": "174. In any case not otherwise expressly provided for in this Act, the Kartripakkha may pay reasonable compensation to any person who sustains damage by reason of the exercise of any of the powers vested, by this Act or any 128rule or regulation made or scheme sanctioned hereunder, in the Kartripakkha, or the Chairman or any employee of the Kartripakkha.", "name": "General power of Kartripakkha to pay compensation", "related_acts": "", "section_id": 167 }, { "act_id": 257, "details": "175. (1) If, on account of any act or omission, any person has been convicted of any offence against this Act or any 129rule or regulation made hereunder, and, by reason of the same act or omission of the said person, damage has occurred to any property of the Kartripakkha, compensation shall be paid by the said person for the said damage, notwithstanding any punishment to which he may have been sentenced for the said offence. (2) The amount of compensation payable by the said person shall be determined by the Magistrate while convicting him of the said offence. (3) If the amount of any compensation due under this section be not paid, the same shall be recovered under a warrant from the said Magistrate as if it were a fine inflicted by him on the person liable therefor.", "name": "Compensation to be paid by offenders for damage caused by them", "related_acts": "", "section_id": 168 }, { "act_id": 257, "details": "176. Every public notice given under this Act or any 130rule or regulation made hereunder shall be in writing over the signature of the Chairman, and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality, by publishing the same by beat of drum, by advertisement in local newspapers, and by any other means that the Chairman may think fit.", "name": "Publication of public notices", "related_acts": "", "section_id": 169 }, { "act_id": 257, "details": "177. Whenever it is provided by this Act or any 131rule or regulation made hereunder that notice shall be given by advertisement in local newspapers, or that a notification or any information shall be published in local newspapers, such notice, notification or information shall be inserted, if practicable, in at least one English newspaper and one Vernacular newspaper.", "name": "Publication of advertisements or notices in newspapers", "related_acts": "", "section_id": 170 }, { "act_id": 257, "details": "178. Every notice or bill, which is required by this Act or by any 132rule or regulation made hereunder to bear the signature of the Chairman or of any other 133member or of any employee of the Kartripakkha, shall be deemed to be properly signed if it bears a fascimile of the signature of the Chairman or of such other 134member or of such employee, as the case may be, stamped thereupon.", "name": "Stamping signature on notices or bills", "related_acts": "", "section_id": 171 }, { "act_id": 257, "details": "179. When any notice, bill or other document is required by this Act or any 135rule or regulation made hereunder to be served upon or issued or presented to any person, such service, issue or presentation shall be effected- (a)\tby giving or tendering such document to such person; or (b)\tif such person is not found, by leaving such document at his last known place of abode in areas to which this Act extends or by giving or tendering the same to some adult male member or servant of his family; or (c)\tif such person does not reside in areas to which this Act extends and his address elsewhere is known to the Chairman, by forwarding such document to him by registered post under cover bearing the said address; or (d)\tif none of the means aforesaid be available, by causing a copy of such document to be affixed on some conspicuous part of the land (if any) to which the document relates.", "name": "Service of notice how to be effected", "related_acts": "", "section_id": 172 }, { "act_id": 257, "details": "180. The Kartripakkha may- (a)\tcause a survey of any land to be made, whenever they consider that a survey is necessary or expedient for carrying out any of the purposes of this Act, or (b)\tcontribute towards the cost of any such survey made by any other local authority.", "name": "Power to make surveys, or contribute towards their cost", "related_acts": "", "section_id": 173 }, { "act_id": 257, "details": "181. (1) The Chairman or any person either generally or specially authorised by the Chairman in this behalf may, with or without assistants or workmen, enter into or upon any land, in order- (a)\tto make any inspection, survey, measurement, valuation or inquiry, (b)\tto take levels, (c)\tto dig or bore into the sub-soil, (d)\tto set out boundaries and intended lines of work, (e)\tto mark such levels, boundaries and lines by placing marks, and cutting trenches, or (f) to do any other thing, whenever it is necessary to do so for any of the purposes of this Act or any 136rule or regulation made or scheme sanctioned hereunder or any scheme which the Kartripakkha intend to frame hereunder: Provided as follows:- (a)\tno such entry shall be made between sunset and sunrise; (b)\tno dwelling-house, and no public building or hut which is used as a dwelling-place, shall be so entered, unless with the consent of the occupier thereof, without giving the said occupier at least twenty-four hours' previous written notice of the intention to make such entry; (c)\tsufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to females to remove to some part of the premises where their privacy need not be disturbed; (d)\tdue regard shall always be had, so far as may be compatible with the exigencies of the purpose, for which the entry is made, to the social and religious usages of the occupants of the premises entered. (2) Wherever the Chairman or a person authorised under sub-section (1) enters into or upon any land in pursuance of that sub-section, he shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid; and, in case of dispute as to the sufficieny of the amount so paid or tendered, he shall at once refer the dispute to the Kartripakkha, whose decision shall be final.", "name": "Power of entry", "related_acts": "", "section_id": 174 }, { "act_id": 257, "details": "182. If any 137member, or any employee of the Kartripakkha, knowingly acquires, directly or indirectly, by himself or by any partner, employer or employee, otherwise than as such 138member or employee, any share or interest in any contract or employment with, by or on behalf of, the Kartripakkha, 139* * *, he shall be deemed to have committed the offence made punishable by section 168 of the 140* * * Penal Code.", "name": "Punishment for acquiring share or interest in contract, etc., with the Kartripakkha", "related_acts": "", "section_id": 175 }, { "act_id": 257, "details": "183. If any person, without lawful authority,- (a)\tremoves any fence or shoring-timber, or removes or extinguishes any light, set up under section 60, or (b)\tinfringes any order given, or removes any bar, chain or post fixed, under sub-section (2) of section 61, he shall be punishable with fine which may extend to 141five hundred taka.", "name": "Penalty for removing fence, etc., in street", "related_acts": "", "section_id": 176 }, { "act_id": 257, "details": "184. If any person, without the permission of the Chairman required by sub-section (1) of section 72, erects, re-erects, or adds to any wall (exceeding ten feet in height) or building which falls within the street alignment or building line of a projected public street shown in any plan sanctioned by the Government under the said section, he shall be punishable- (a)\twith fine which may extend, in the case of a masonry building or a wall, to 142five thousand taka, and, in the case of a hut, to 143five hundred taka, and (b)\twith further fine which may extend, in the case of a masonry building or a wall, to 144one thousand taka, and, in the case of a hut, to 145one hundred taka for each day after the first during which the projection continues.", "name": "Penalty for building within street alignment or building line", "related_acts": "", "section_id": 177 }, { "act_id": 257, "details": "185. If the owner for the time being of any wall or building in respect of which an agreement has been executed as provided in sub-section (2) of section 72 fails- (a)\tto remove such wall or building, or any specified portion thereof, when so required by notice issued under that sub-section , or (b)\twithin fifteen days from the receipt of such notice to authorise the Chairman, by permission in writing, to remove the said wall, building or portion, he shall be punishable- (i)\twith fine which may extend, in the case of a masonry wall or building, to 146one thousand taka, and, in the case of a hut, to 147two hundred taka; and (ii)\twith a further fine, in the case of a masonry wall or building, to 148one hundred taka, and, in the case of a hut, to 149fifty taka, for each day after the first during which the failure continues.", "name": "Penalty for failure to remove wall or building in respect of which agreement has been executed", "related_acts": "", "section_id": 178 }, { "act_id": 257, "details": "186. Whoever uses any land, included in a zone plan, in contravention of section 74, shall be punishable- (i)\twith fine which may extend to 150one thousand taka, and (ii)\twith a further fine which may extend to 151one hundred taka for each day after the first during which such contravention continues.", "name": "Penalty for use of land in zone plan in contravention of section 74", "related_acts": "", "section_id": 179 }, { "act_id": 257, "details": "187. (1) The Court, convicting any person under section 185 or section 186, shall order the removal of the unauthorised construction, if any, by such person within a time to be fixed by the Court. (2) If such person fails to remove the unauthorised construction within the time fixed, it shall be lawful for the Kartripakkha to cause such construction to be removed, and the cost of such removal shall be recoverable from that person as a public demand.", "name": "Removal of unauthorised construction", "related_acts": "", "section_id": 180 }, { "act_id": 257, "details": "188. If any person fails to comply with any requisition made under section 145, he shall be punishable- (a)\twith fine which may extend to 152one thousand taka,\tor (b)\tin case of a continuing failure, with fine which may extend to 153five hundred taka for each day after the first during which the failure continues.", "name": "Penalty for failure to comply with requisition made by auditor", "related_acts": "", "section_id": 181 }, { "act_id": 257, "details": "189. If any person- (a)\tobstructs or molests any person with whom the Chairman has entered into a contract on behalf of the Kartripakkha, in the performance or execution by such person of his duty or of anything which he is empowered or required to do by virtue or in consequence of this Act or any 154rule or regulation made hereunder, or (b)\tremoves any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Act or any 155rule or regulation made or scheme sanctioned hereunder, he shall be punishable with fine which may extend to 156two thousand taka, or with imprisonment for a term which may extend to two months.", "name": "Penalty for obstructing contractor or removing mark", "related_acts": "", "section_id": 182 }, { "act_id": 257, "details": "190. When a written notice issued under sub-section (2) of section 72 for the removal of a wall or building, or any portion thereof, is not complied with by the owner thereof for the time being as provided in section 185, the Chairman may proceed to remove such wall, building or portion; and the expenses incurred in effecting such removal shall be recoverable by sale of the materials or other things removed.", "name": "Removal of wall or building and recovery of expenses", "related_acts": "", "section_id": 183 }, { "act_id": 257, "details": "191. (1) Whenever the Government considers that any payment required by section 103, or any portion of any such payment, is not required for the purposes of this Act, it may, by notification,- (a)\tsuspend, for any specified period, the making of such payment or any specified portion thereof, or (b)\tabolish such payment, or any specified portion thereof, from a date to be specified in the notification. (2) If at any time the Government considers that any payment, or any portion thereof, which has been suspended or abolished under sub-section (1) is required for the purposes of this Act, it may, by notification, cancel, such suspension or abolition wholly or in part, as it may think fit, from a date to be specified in the notification.", "name": "Suspension or abolition and re-imposition of Municipal contributions", "related_acts": "", "section_id": 184 }, { "act_id": 257, "details": "157191A. The Government shall exercise general control and supervision over the Kartripakkha as well as its Chairman and 158other members and may give direction to them, as may be necessary, for ensuring that their activities conform to the purpose of the Act; and the Kartripakkha, the Chairman and the 159other members shall exercise their powers and perform their functions in accordance with such direction.", "name": "Control over the Kartripakkha", "related_acts": "", "section_id": 185 }, { "act_id": 257, "details": "191B. Supersession of the Board .- Omitted by section 70 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted", "related_acts": "", "section_id": 186 }, { "act_id": 257, "details": "192. Ultimate dissolution of Board and transfer of their assets and liabilities to the Municipality.- Omitted by section 70 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).", "name": "Omitted", "related_acts": "", "section_id": 187 }, { "act_id": 257, "details": "193. Any sum due to the Kartripakkha under any provision of this Act or under any contract or deed of sale, lease or agreement, shall be recoverable as an arrear of land revenue under the 160* * * Public Demands Recovery Act, 1913.", "name": "Dues to be recoverable under Public Demands Recovery Act, 1913", "related_acts": "", "section_id": 188 } ], "text": "1♣ ♠An Act to provide for the development, improvement and expansion of the 2Capital of the Republic and Narayanganj and Tongi Municipalities and certain areas in their vicinity and the constitution of a Kartripakkha therefore. WHEREAS it is expedient to make provision for the development, improvement and expansion of the Capital of the Republic and Narayanganj and Tongi Municipalities and certain areas in their vicinity by opening up congested areas, laying out or altering streets, providing open spaces for purposes of ventilation or recreation, demolishing or constructing buildings, acquiring land for the said purposes and for the re-housing of persons displaced by the execution of improvement schemes, and otherwise as hereinafter appearing; AND WHEREAS it is expedient that a Kartripakkha should be constituted and invested with special powers for carrying out the objects aforesaid; It is hereby enacted as follows:-" }

{ "id": 258, "lower_text": [ "1 Throughout this Act, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Central 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 “the High Court Division” 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 word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "4 The words “the High Court Division” 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)", "5 The words and figure “contained in section 93” were substituted for the words and figure “contained in section 34” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "6 The words, figures and commas “section 14 of the Business Profits Tax Act, 1947,” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "7 The words, figures and commas “section 124, 125, 126, 128 or 165” were substituted for the words, figures and comma “section 28, 51 or 52” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "8 The word and figure “section 93” were substituted for the word and figure “section 34” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "9 The words, figures and commas “sections 121, 153, 158, 160, 161 and 162” were substituted for the words, figures and commas “section 30, 31, 33, 33A, 66 and 66A” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "10 The commas, words and figures “, and after the Tribunal has ceased to exist, the Commissioner of Income-tax having Jurisdiction over the case may exercise the powers conferred upon him by section 35 of the Income-tax Act, 1922, as if the Tribunal’s order was an order passed by him” 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 word and figure “section 168” was substituted for the word and figure “section 54” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "12 The words, commas, figures and brackets “and, in particular, the provisions of the second proviso to clause (a) of sub-section (5) of section 23, section 24B, the proviso to sub-section (2) of section 26 and sections 44 and 46 of the Income-tax Act, 1922 shall be applicable to the recovery of any sum specified in such settlement by the Income-tax Officer having jurisdiction to assess the person by whom such sum is payable as if it were income-tax or an arrear of income-tax within the meaning of those provisions” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "13 The word and figure “section 93” were substituted for the word and figure “section 34” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "14 The word and figure “section 168” was substituted for the word and figure “section 54” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) as amended by the Bangladesh Laws (Revision and Declaration) (Second Amendment) Act, 2000 (Act No. XL of 2000)", "15 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The Taxation Tribunal (Undisclosed Wealth) Act, 1953", "num_of_sections": 17, "published_date": "20th April, 1953", "related_act": [ 672, 258, 388, 75, 430, 86, 187, 220 ], "repelled": false, "sections": [ { "act_id": 258, "details": "1. (1) This Act may be called the Taxation Tribunal (Undisclosed Wealth) Act, 1953. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "258", "section_id": 1 }, { "act_id": 258, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1) “previous year” means- (a)\tin relation to any assessment to tax under the Income-tax Ordinance, 1984 (XXXVI of 1984), any period which is or has been determined as the previous year for the purpose of that Act; (b)\tin relation to any assessment to tax under the Excess Profits Tax Act, 1940, the chargeable accounting period as defined in that Act; and (c)\tin relation to any assessment under the Business Profits Tax Act, 1947, the accounting period as defined in that Act; and (2)\t“tax” means any tax chargeable under the Income-tax Ordinance, 1984 (XXXVI of 1984), the Excess Profits Tax Act, 1940 and the Business Profits Tax Act, 1947.", "name": "Definitions", "related_acts": "672,187,220,672,187,220", "section_id": 2 }, { "act_id": 258, "details": "3.\tThe Government may constitute a Tribunal to be called the Taxation Tribunal (hereinafter referred to as the Tribunal) to exercise the functions conferred on the Tribunal by this Act.", "name": "Constitution and functions of the Tribunal", "related_acts": "", "section_id": 3 }, { "act_id": 258, "details": "4. (1) The Tribunal shall consist of a President (being a person who is or has been a Judge of 2the High Court Division) and one other member, being an income-tax expert, as hereinafter defined. (2) The income-tax expert shall be a person who in the opinion of the Government possesses such knowledge of the law of income-tax and has had experience of such a character as render him suitable for appointment to the Tribunal. (3) The Government may appoint a Registrar to the Tribunal and such other staff as may be necessary.", "name": "Composition of the Tribunal", "related_acts": "", "section_id": 4 }, { "act_id": 258, "details": "5. (1) On or before a date to be notified by the Government, any person (hereinafter called an assessee) may submit a declaration to the Tribunal of his assets which were not in his opinion liable at any time to tax and assets which have not previously been disclosed in any of the accounts or returns submitted by him, or on his behalf, to the Income-tax Officer or otherwise brought to the notice of the Income-tax Officer. (2) The declaration shall be in such form as may be prescribed and shall be verified in the prescribed manner.", "name": "Declaration of assets", "related_acts": "", "section_id": 5 }, { "act_id": 258, "details": "6. (1) On receipt of the declaration referred to in section 5, or as soon afterwards as may be, the Tribunal shall examine the material submitted by the assessee or call for such particulars, accounts, documents or evidence as it may require or make such further enquiries as it may consider necessary. (2) The Tribunal shall give an opportunity to the assessee of being heard. (3) Notwithstanding anything to the contrary contained in sub-section (1), the Tribunal may direct the Registrar to examine any accounts or documents or to interrogate any person or obtain any statements from any person as it may consider necessary and the Registrar shall act accordingly. (4) The Registrar shall, when he acts under sub-section (3) and subject to any direction of the Tribunal in this behalf, have the same powers as the Tribunal under section 14 and any person having charge or custody of accounts or documents required to be examined shall, notwithstanding anything in any law to the contrary, be bound to produce them before the Registrar, and to give him such information in respect thereof as he may require and any person interrogated by the Registrar or called upon by him to make or prepare a statement or furnish information shall, notwithstanding anything in any law to the contrary be bound to comply with his directions and answer all questions relating to the case put to him by the Registrar. (5) If any person whose case is being examined by the Tribunal refuses or fails to attend in person in compliance with a notice in that behalf duly served upon him or to give any evidence or to answer questions or to produce documents or to prepare and furnish statements when called upon to do so, the Tribunal may, if satisfied that the refusal or failure was wilful, close the examination of the case and make an order to the best of its judgment. (6) If in any proceeding before the Registrar any person whose case or the points in whose case is or are being examined by the Registrar refuses or fails to attend in person or to produce or cause to be produced accounts or documents or to answer questions or to prepare statements or to furnish information when called upon to do so the Registrar shall report such refusal or failure to the Tribunal and thereupon the provisions of sub-section (5) shall apply as if the refusal or failure took place in the course of the examination by the Tribunal itself. (7) The members of the Tribunal and the Registrar shall be deemed to be public servants within the meaning of section 21 of the 3* * * Penal Code, and the Tribunal shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898, references in the said Chapter to the presiding officer of a Court being deemed to include the President of the Tribunal.", "name": "Examination of declaration and other evidence", "related_acts": "75", "section_id": 6 }, { "act_id": 258, "details": "7. (1) The Tribunal shall after the examination of the materials furnished by the assessee and after making enquiries as aforesaid make an order declaring whether the assets declared by the assessee, or any part thereof constitutes income, profits or gains which escaped assessment to tax under the Income-tax Ordinance, 1984 (XXXVI of 1984), the Excess Profits Tax Act, 1940, or the Business Profits Tax Act, 1947 and shall also specify the previous year or years in which such income, profits or gains accrued or arose or were received or shall be deemed to have accrued or arisen or to have been received, and where such income, profits or gains have accrued or arisen outside Bangladesh, the previous year or years in which the income, profits or gains accrued or arose or shall be deemed to have accrued or arisen and the previous year or years in which they were brought into, received in or remitted to, or deemed to be brought into, received in or remitted to Bangladesh. (2) The Tribunal shall further make an order declaring whether any assets declared by the assessee, or any part thereof, did not constitute income, profits or gains and specifying the amount which should not be taxed. (3) If the members of the Tribunal differ in opinion on any point or points, they shall state the point or points on which they differ and the case shall be referred by the President of the Tribunal to an additional member (being a person who is or has been a Judge of 4the High Court Division) to be appointed by the Government for the purpose of deciding the point or points on which there is a difference of opinion and the point or points shall be decided according to the opinion of the additional member. (4) The Tribunal shall communicate its order to the assessee and to the Government. (5) The Government shall send a copy of the Tribunal's order to the Income-tax Officer having jurisdiction over the assessee.", "name": "Determination of liability to tax", "related_acts": "672,187,220", "section_id": 7 }, { "act_id": 258, "details": "8. (1) The Income-tax Officer shall give effect to the decision of the Tribunal and for that purpose initiate and complete appropriate proceedings under the Income-tax Ordinance, 1984 (XXXVI of 1984), the Excess Profits Tax Act, 1940, or the Business Profits Tax Act, 1947, for the assessment or re-assessment, as the case may be, of the income, profits or gains declared by the Tribunal to have escaped assessment in any year or years notwithstanding any of the restrictions 5contained in section 93 of the Income-tax Ordinance, 1984 (XXXVI of 1984), section 15 of the Excess Profits Tax Act, 1940, 6* * * or any other law for the time being in force and notwithstanding any lapse of time or any decision to a different effect given in any proceeding before an income-tax or excess profits tax authority or the Income-tax Appellate Tribunal. (2) Notwithstanding anything contained in sub-section (1), no proceedings under 7section 124, 125, 126, 128 or 165 of the Income-tax Ordinance, 1984 (XXXVI of 1984), section 16, 23 or 24 of the Excess Profits Tax Act, 1940, or section 15, 21 or 22 of the Business Profits Tax Act, 1947, shall be initiated in respect of any income, profits or gains disclosed by a person to the Tribunal at any stage of the proceedings before the Tribunal. (3) In all assessment or re-assessment proceedings taken in pursuance of the Tribunal's decision, the findings of the Tribunal on the case or on the point or points raised before it shall, subject to the provisions of sub-sections (4) and (5), be final, but no proceedings taken in pursuance of the Tribunal's decision shall be a bar to the initiation of proceedings under 8section 93 of the Income-tax Ordinance, 1984 (XXXVI of 1984). (4) In respect of any order made in the course of proceedings taken in pursuance of the Tribunal's order the provisions of 9sections 121, 153, 158, 160, 161 and 162 of the Income-tax Ordinance, 1984 (XXXVI of 1984), and the corresponding provisions of the Excess Profits Tax Act, 1940, and the Business Profits Tax Act, 1947, shall not apply so far as matters declared final by sub-section (3) are concerned. (5) Notwithstanding anything contained in this section, the Tribunal shall have power, either of its own motion or on an application of the person concerned or of the Income-tax Officer, to correct clerical or arithmetical mistakes in its order or errors therein arising from any accidental slip or omission 10 * * *. (6) Notwithstanding anything to the contrary contained in this Act, or in any other law for the time being in force, any evidence produced before the Tribunal or the Registrar shall be admissible in evidence in any proceedings taken under sub-section (1). (7) Save as otherwise provided in this Act, the provisions of 11section 168 of the Income-tax Ordinance, 1984 (XXXVI of 1984), shall apply to all statements, returns, accounts, documents, evidence, affidavits, depositions or records made, given, produced or obtained in connection with or in the course of the proceedings before the Tribunal or before the Registrar.", "name": "Assessment", "related_acts": "672,187,220,672,187,672,187,220,672,672,187,220,672", "section_id": 8 }, { "act_id": 258, "details": "9. (1) Where any assessee applies to the Tribunal at any time during the course of the proceedings to have the case or any point thereof settled in so far as it relates to him, the Tribunal shall, if it is of opinion that the terms of the settlement contained in the application are such as may be accepted, arrive at a settlement with such person and make an order setting out the terms of the settlement and thereupon all further proceedings in so far as they relate to matters covered by such settlement shall be deemed to be closed. (2) For the purpose of enforcing the terms of any settlement arrived at in pursuance of sub-section (1), the Tribunal may direct that such proceedings, as may be specified under the Income-tax Ordinance, 1984 (XXXVI of 1984), the Excess Profits Tax Act, 1940, the Business Profits Tax Act, 1947, or any other law, against the person to whom the settlement relates 12* * *. (3) Subject to the provisions of sub-section (5) of section 8, any settlement arrived at under this section shall be conclusive as to the matters stated therein, and no person whose case has been so settled shall be entitled to re-open in any proceeding for the recovery of any sum under this section or in any subsequent assessment or re-assessment proceeding relating to taxation on income or in any other proceeding before any Court or other authority any matter which forms part of such settlement. (4) Where a settlement has been made by the Tribunal under sub-section (1), no proceeding under 13section 93 of the Income-tax Ordinance, 1984 (XXXVI of 1984), or under section 15 of the Excess Profits Tax Act, 1940, or under section 14 of the Business Profits Tax Act, 1947, shall be initiated in respect of the items of income covered by the settlement unless the initiation of such proceeding is expressly allowed by the terms of the settlement.", "name": "Settlement of cases", "related_acts": "672,187,220,672,187,220", "section_id": 9 }, { "act_id": 258, "details": "10. In any proceedings under this Act, the Tribunal may, in its discretion, admit in evidence and act upon any document notwithstanding that it is not duly stamped or registered.", "name": "Admission of evidence", "related_acts": "", "section_id": 10 }, { "act_id": 258, "details": "11. No person shall be entitled to inspect, call for, or obtain copies of any documents, statements or papers or materials furnished to, obtained by or produced before the Tribunal or the Registrar in any proceedings under this Act save as the Tribunal, and after the Tribunal has ceased to exist such authority as the Government may in this behalf specify, may, in its discretion, allow.", "name": "Inspection of records", "related_acts": "", "section_id": 11 }, { "act_id": 258, "details": "12. Nothing in sub-section (1) of 14section 168 of the Income-tax Ordinance, 1984 (XXXVI of 1984), or of that section as applied to excess profits tax by section 21 of the Excess Profits Tax Act, 1940, or business profits tax by section 19 of the Business Profits Tax Act, 1947, shall apply to the disclosure of any of the particulars referred to therein in any proceeding before the Tribunal or in any order made by the Tribunal or in any report submitted to the Tribunal by the Registrar.", "name": "Disclosure of information in assessment records", "related_acts": "672,187,220", "section_id": 12 }, { "act_id": 258, "details": "13. Any person who has submitted a declaration under sub-section (1) of section 5 may be represented by a pleader, a registered accountant or an employee duly authorised to act on his behalf.", "name": "Appearance by authorised representative", "related_acts": "", "section_id": 13 }, { "act_id": 258, "details": "14. (1) The Tribunal shall have power to administer oaths, and shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908, for the purpose of enforcing attendance of any person and examining him on oath or affirmation, compelling the production of documents and issuing commissions for the examination of witnesses, and any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 for the purposes of section 196 of the 15* * * Penal Code. (2) The Tribunal may impound and retain in its custody for such period as it considers fit any books of account or other documents produced before it in any proceeding under this Act.", "name": "Power to take evidence on oath, etc.", "related_acts": "86", "section_id": 14 }, { "act_id": 258, "details": "15. (1) No act or proceeding of the Tribunal shall be called in question in any manner by any Court, and no suit, prosecution or other legal proceedings shall lie against the Government or any member of the Tribunal or any other person for anything in good faith done, or intended to be done, under this Act. (2) Save in cases in which the Tribunal may exercise its powers under section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898,- (a)\tno suit, prosecution, or other legal proceeding shall be instituted against any person in any Civil or Criminal Court for any evidence given or produced by him in any proceedings before the Tribunal, and (b)\tno evidence so given or produced shall be admissible in evidence against such person in any suit, prosecution or other proceeding before such Court, except with the previous sanction of the Government.", "name": "Bar of suits", "related_acts": "75", "section_id": 15 }, { "act_id": 258, "details": "16. The Tribunal shall, subject to the provisions of this Act, have power to regulate its own procedure (including the fixing of places and times of its sittings) and may act notwithstanding a vacancy in the number of its members; and the powers of the Tribunal under section 6 may, subject to such conditions as the Government may impose, be exercised by any one member authorised by the Government in this behalf.", "name": "Power to regulate procedure", "related_acts": "", "section_id": 16 }, { "act_id": 258, "details": "17. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 17 } ], "text": "An Act to provide for the setting up of a Tribunal to enquire into the tax liability of undisclosed wealth. 1♣♠ WHEREAS it is expedient to set up a Tribunal to enquire into the liability of undisclosed wealth to taxation and to determine the extent of such liability; It is hereby enacted as follows:-" }

{ "id": 259, "lower_text": [ "1 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)", "2 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Bangladesh Laws) Order, 1972 (President’s Order No. 48 of 1972)", "3 The word “country” was substituted for the word “Province” by section 3 and the Second 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 or the Central Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "5 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The Essential Articles (Price Control and Anti-Hoarding) Act, 1953 (East Bengal Act)", "num_of_sections": 19, "published_date": "5th October, 1953", "related_act": [ 388, 430 ], "repelled": false, "sections": [ { "act_id": 259, "details": "1.\t(1) This Act may be called the Essential Articles (Price Control and Anti-Hoarding) Act, 1953. (2) It extends to the whole of 1Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 259, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“essential article” means any article, other than an article which is an “essential commodity” within the meaning of section 2 of the 2* * * Control of Essential Commodities Act, 1956, which the Government may, from time to time, declare by notification, to be an article to which the provisions of this Act shall apply; (b)\t“family” includes all persons who live in a private house and are members of the same mess; (c)\t“notification” means a notification published in the official Gazette; (d)\t“prescribed” means prescribed by rules made under this Act; (e)\t“retailer” means a trader who sells any essential article directly to a consumer; (f)\t“trader” means any person engaged in the purchase, sale or storage for sale of any essential article; and (g)\t“wholesaler” means a trader other than a retailer.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 259, "details": "3.\t(1) The Government may, from time to time, by notification, fix the maximum prices at which an essential article may be sold by a retailer, wholesaler or any other person and for this purpose may fix different prices for different areas of the 3country. (2) The Government may, by notification, require any trader to mark, on any essential article, the maximum prices fixed under sub-section (1), in such manner as may be prescribed and the traders concerned shall mark such article accordingly. Such trader shall exhibit in a prominent place in the shop or godown a list showing the maximum prices of essential articles fixed under the said sub-section. (3) A notification under sub-section (1) shall specify date from which and the period for which the maximum price has been fixed.", "name": "Power to fix prices and to require marking of prices", "related_acts": "", "section_id": 3 }, { "act_id": 259, "details": "4.\t(1) Notwithstanding anything contained in any contract, no retailer or wholesaler shall sell or purchase, or deliver or accept delivery of, any essential article at a price exceeding the maximum price fixed under sub-section (1) of section 3. (2) No trader shall sell or offer or exhibit for sale any essential article in respect of which marking of maximum prices has been required under sub-section (2) of section 3, unless such article has been so marked.", "name": "Prohibition against purchase, sale, etc., at prices exceeding the maximum price", "related_acts": "", "section_id": 4 }, { "act_id": 259, "details": "5. (1) The Government may, by notification, direct that no family, wholesaler or retailer shall keep in its or his possession or under its or his control any essential article in excess of the quantity specified in such notification. Explanation.- For the purpose of this section, the possession or control of any one member of a family shall be deemed to be the possession or control of every adult member of that family. (2) If, on the date of issue of a notification under sub-section (1) in respect of any essential article, any family, wholesaler or retailer has in its or his possession any quantity of such essential article in excess of the quantity specified in such notification, the head of the family, wholesaler or retailer concerned shall forthwith report the fact to the Government or to such officer as may be empowered in this behalf by the Government and shall take such action as to storage, distribution or disposal of the excess quantity as the Government or such officer may direct.", "name": "Power to control possession of essential article", "related_acts": "", "section_id": 5 }, { "act_id": 259, "details": "6. The Government may, by notification, direct that no trader or class of trader shall deal in any essential article except under, and in accordance with the conditions of, a licence issued, in this behalf by the Government, on payment of such fees and in such manner and form as may be prescribed. An application for such licence shall be accompanied by such fee as may be prescribed.", "name": "Power to require licence for trading", "related_acts": "", "section_id": 6 }, { "act_id": 259, "details": "7. The Government may, by general or special order in writing, require any trader holding stock of an essential article to sell the whole or specified part thereof at prices not exceeding the maximum fixed under sub-section (1) of section 3, to such person or class of persons and in such circumstances or under such permits as may be specified in the order and the trader concerned shall comply with such order.", "name": "Power to compel sales to specified person", "related_acts": "", "section_id": 7 }, { "act_id": 259, "details": "8. No trader shall, unless previously authorised to do so by the Government, withhold from sale or refuse to sell to any person, any essential article in quantities not contrary to the normal practices of his business.", "name": "Prohibition against withholding of sales", "related_acts": "", "section_id": 8 }, { "act_id": 259, "details": "9. (1) Any officer, authorised in this behalf by the Government, may, by general or special order in writing,- (a)\trequire a trader to maintain accounts relating to any transaction in such manner and form as may be prescribed; (b)\trequire a trader to submit such accounts, returns, reports or statements relating to any transactions, in such manner and form and to such officer as may be prescribed; (c)\trequire a trader to cause his storage godown to be registered on payment of such fees and in such manner and within such period as may be prescribed; and (d)\trequire a trader to keep hung up in his business centre a notice-board quoting therein the daily stock of essential articles held by him in his stock. (2) No trader whose godown has been registered under clause (c) of sub-section (1) shall store any essential article in any place other than the godown so registered.", "name": "Power to require maintenance of accounts, etc., and registration of godowns", "related_acts": "", "section_id": 9 }, { "act_id": 259, "details": "10. Any officer, authorised in this behalf by the Government, may- (a)\tenter upon and inspect any premises, tents, vessels or vehicles used or believed to be used for the purchase, sale, transfer or storage for sale of any essential article; (b)\tenter upon and search any premises, tents, vessels or vehicles and seize any essential article, together with the containers thereof, in respect of which he has reason to believe that contravention of this Act has been committed; (c)\tdirect the owner, occupier or other persons in charge of such premises, tents or vessels, or any trader to produce any books, accounts, vouchers or other documents relating to the purchase, sale or other documents relating to the purchase, sale or storage for sale of any essential article or to furnish such information relating to such transaction as the officer so authorised may require; but the officer so authorised shall not require any family which has stored essential articles for consumption and not for sale to produce books, accounts, vouchers or other documents relating to the purchase of any such essential articles; (d)\tinspect or cause to be inspected any books, accounts, vouchers or other documents relating to such transactions; and (e)\ttake or cause to be taken extracts from, or copies of, any document relating to such transactions.", "name": "Power to enter, inspect, search, etc.", "related_acts": "", "section_id": 10 }, { "act_id": 259, "details": "11.\tThe provisions of this Act shall not apply to the purchase, storage or distribution, of any essential article by or on behalf of the 4Government.", "name": "11.\tProvisions of the Act not to apply in case of Government purchase, etc.", "related_acts": "", "section_id": 11 }, { "act_id": 259, "details": "12.\tThe Government may, by notification, exempt any person or class of persons from all or any of the provisions of this Act subject to such conditions, if any, as may be specified.", "name": "Power to exempt", "related_acts": "", "section_id": 12 }, { "act_id": 259, "details": "13.\tIf any person contravenes any of the provisions of this Act, he shall be deemed to have committed an offence under section 3 of the Hoarding and Black Market Act, 1948, and the provisions of that Act shall apply accordingly.", "name": "Penalties", "related_acts": "", "section_id": 13 }, { "act_id": 259, "details": "14.\tAny person who attempts to contravene, or abets a contravention of, any provision of this Act shall be deemed to have contravened that provision.", "name": "Attempts and abetments", "related_acts": "", "section_id": 14 }, { "act_id": 259, "details": "15.\tThe Government may, by notification, direct that any power or duty which is conferred or imposed by this Act on the Government shall, subject to such conditions, if any, as may be specified in the notification, be exercised or discharged also by any officer or authority subordinate to it.", "name": "Delegation of power", "related_acts": "", "section_id": 15 }, { "act_id": 259, "details": "16.\tAny person empowered to do anything under this Act shall be deemed to be a public servant within the meaning of section 21 of the 5* * * Penal Code.", "name": "Public servant", "related_acts": "", "section_id": 16 }, { "act_id": 259, "details": "17.\tThe Government may make rules for carrying out the purposes of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 17 }, { "act_id": 259, "details": "18.\t(1) 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 in pursuance of any provision of this Act and the rules made thereunder. (2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is, in good faith, done or intended to be done in pursuance of any provision of this Act and the rules made thereunder.", "name": "Indemnity", "related_acts": "", "section_id": 18 }, { "act_id": 259, "details": "19.\tRepeal and savings.- Repealed by section 2 and the Schedule of the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).", "name": "Repealed.", "related_acts": "", "section_id": 19 } ], "text": "An Act to make provision for the control of supply and distribution of, and trade and commerce in, certain limited number of essential commodities. ♣ WHEREAS it is expedient to make provision for the control of supply and distribution of, and trade and commerce in, certain limited number of essential commodities; It is hereby enacted as follows:-" }

{ "id": 260, "lower_text": [ "1 Throughout this Act, the words “Bangladesh”, “Government” and “Chief of Army Staff” were substituted for the words “Pakistan”, “Central Government” and “Commander-in-Chief” 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 “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Bangladesh Laws) Order, 1972 (President’s Order No. 48 of 1972)", "3 Clause (b) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "4 The words “may be raised” were substituted for the words “shall be raised” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) as amended by the Bangladesh Laws (Revision and Declaration) (Second Amendment) Act, 2000 (Act No. XL of 2000)", "5 The words “Director General of Public Instruction” were substituted for the words “Director of Public Instruction of the Province concerned” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "6 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)", "7 The words, comma and figure “Indian Army Act, 1911 or” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "8 The word “Pakistan” was omitted by section 4 of the Defence Services Laws Amendment Ordinance, 1978 (Ordinance No. XVIII of 1978)", "9 The words “as may be determined by the Government ” were substituted for the words “by the Provincial Government concerned as may have been agreed upon between the Central Government and the Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Junior Cadet Corps Act, 1953", "num_of_sections": 14, "published_date": "5th November, 1953", "related_act": [ 248, 568, 260, 430 ], "repelled": false, "sections": [ { "act_id": 260, "details": "1. (1) This Act may be called the 2* * * Junior Cadet Corps Act, 1953. (2) It applies to the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "260", "section_id": 1 }, { "act_id": 260, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“cadet” means a school boy who is deemed to be enrolled as a cadet under sub-section (1) of section 5; 3(b) “Chief of Army Staff” means the Chief of Army Staff of the Bangladesh Army; (c)\t“prescribed” means prescribed by rules made under this Act.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 260, "details": "3. There 4may be raised and maintained in the manner hereinafter provided a force, which shall be designated the Junior Cadet Corps, and shall consist of units constituted under section 4.", "name": "Constitution of Junior Cadet Corps", "related_acts": "", "section_id": 3 }, { "act_id": 260, "details": "4. (1) Subject to the control of the Government, the Chief of Army Staff may, by order in writing, direct the constitution and maintenance for any boys' school in Bangladesh of two separate companies of the Junior Cadet Corps, each company to consist of the boys of one of each of the two final classes of the school, and may direct the disbandment of the companies so constituted. (2) The companies constituted under sub-section (1) from schools located in the same revenue district shall jointly constitute a battalion to be designated after the name of that district.", "name": "Constitution and organisation of units", "related_acts": "", "section_id": 4 }, { "act_id": 260, "details": "5. (1) On the constitution of a company under sub-section (1) of section 4, every student of the class concerned who,- (i)\tis above thirteen years of age, at the commencement of the academic year, or by the first day of April of that year, and (ii)\tis certified on examination by an officer of the Bangladesh Army Medical Corps to be physically fit to undergo the prescribed military training, shall be deemed to have been enrolled as a cadet in that company. (2) A student who is deemed to be enrolled as a cadet in a company under sub-section (1) shall not cease to belong to that company, until he passes out of or otherwise leaves, the class for which the company was constituted, or is duly certified by an officer of the Bangladesh Army Medical Corps to have become physically unfit to undergo further military training.", "name": "Certain students to be deemed to be enrolled", "related_acts": "", "section_id": 5 }, { "act_id": 260, "details": "6. (1) The Government, on the recommendation of the Headmaster of the school for which units of the Junior Cadet Corps have been constituted under sub-section (1) of section 4, supported by the 5Director General of Public Instruction and the officer commanding the local military formation being not below the rank of brigadier, may appoint any member of the staff of that school, who is not less than twenty-three and not more than thirty-five years of age, as an officer of the corps. 6(2) A person appointed officer under sub-section (1) shall be granted a commission in accordance with the provision of Article 61 of the Constitution of the People's Republic of Bangladesh.", "name": "Officers of the Junior Cadet Corps", "related_acts": "", "section_id": 6 }, { "act_id": 260, "details": "7. An officer of the Junior Cadet Corps shall be liable, under the orders of the officer commanding the local military formation being not below the rank of brigadier, to be attached to a unit of the regular army for undergoing the military training prescribed for his class.", "name": "Officers to be attached to regular units for training", "related_acts": "", "section_id": 7 }, { "act_id": 260, "details": "8. An officer of the Junior Cadet Corps shall, when undergoing military training under section 7, be subject to the 7* * * 8* * * Army Act, 1952, in such manner and to such extent as may be prescribed.", "name": "Officers to be subject to military law", "related_acts": "248", "section_id": 8 }, { "act_id": 260, "details": "9. An officer of the Junior Cadet Corps may be paid such allowance 9as may be determined by the Government: Provided that an officer, who is attached to a regular unit for training under section 7, shall receive such additional allowances as may be prescribed.", "name": "Allowance of officers", "related_acts": "", "section_id": 9 }, { "act_id": 260, "details": "10. (1) The Government may withdraw the commission of an officer at any time and for any cause whatever. (2) An officer of the Junior Cadet Corps shall cease to hold his commission,- (i)\ton ceasing to be a member of the staff of the school from which he received his commission:  Provided that an officer who is immediately re-employed in another school for which companies of the Junior Cadet Corps have been constituted under sub-section (1) of section 4 may, on the recommendation of the Headmaster of that school, be allowed by the Chief of Army Staff to retain his commission; (ii)\ton attaining the age of forty-five years.", "name": "Termination of officer’s commissions", "related_acts": "", "section_id": 10 }, { "act_id": 260, "details": "11. A cadet shall be liable to undergo the prescribed military training.", "name": "Military training of cadets", "related_acts": "", "section_id": 11 }, { "act_id": 260, "details": "12. (1) The Headmaster of each school shall be Honorary commanding officer of the companies constituted for his school under sub-section (1) of section 4 and the primary responsibility for enforcing discipline in those companies shall rest on him. (2) With the approval of the Chief of Army Staff the Headmaster of each school may frame rules for the punishment of cadets who wilfully and without reasonable cause absent themselves from parades held for imparting the prescribed military training or who are otherwise guilty of conduct to the prejudice of good order and discipline in the Junior Cadet Corps. (3) In addition to any other punishment, which the Headmaster may specify therein, the rules made under sub-section (2) shall provide for the subjection of the offender to extra drill for twenty minutes.", "name": "Discipline of cadets", "related_acts": "", "section_id": 12 }, { "act_id": 260, "details": "13. Officers and cadets of the Junior Cadet Crops shall not be liable to perform military service of any kind whatever.", "name": "Members of junior cadet corps not to be liable to perform service", "related_acts": "", "section_id": 13 }, { "act_id": 260, "details": "14. The Chief of Army Staff may, with the approval of the Government, make rules to provide for any matter which may be prescribed under this Act and to carry out the purposes of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 14 } ], "text": "WHEREAS it is expedient to provide for the constitution and maintenance of a Junior Cadet Corps for Bangladesh and for its administration; 1♣ It is hereby enacted as follows:-" }

{ "id": 261, "lower_text": [ "1 The words “in East Pakistan” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "2 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "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 words “area or areas” were substituted for the words “city or town and neighbouring areas thereof” by section 3 of the East Bengal Control of Disorderly and Dangerous persons (Goondas) (Amendment) Ordinance, 1970 (East Pakistan Ordinance No. XI of 1970)", "5 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "6 Section 3 was substituted by section 4 of the East Bengal Control of Disorderly and Dangerous Persons (Goondas) (Amendment) Ordinance, 1970 (East Pakistan Ordinance No. XI of 1970)", "7 The word “Bengali” was substituted for the word “English” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "8 The words “or Sub-Inspector of Police in charge of Police Station” were inserted by section 5 of the East Bengal Control of Disorderly and Dangerous Persons (Goondas) (Amendment) Ordinance, 1970 (East Pakistan Ordinance No. XI of 1970)", "9 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)", "10 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)", "11 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "12 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)" ], "name": "The Control of Disorderly and Dangerous Persons (Goondas) Act, 1954 (East Bengal Act)", "num_of_sections": 28, "published_date": "30th July, 1954", "related_act": [ 388, 75, 11, 430, 24, 91 ], "repelled": false, "sections": [ { "act_id": 261, "details": "1. (1) This Act may be called the 2* * * Control of Disorderly and Dangerous Persons (Goondas) Act, 1954. (2) It extends to the whole of 3Bangladesh. (3) It shall come into force in such 4area or areas, and 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": 261, "details": "2. Unless the context otherwise requires, all expressions used in this Act shall have the meanings assigned to them in the 5* * * Penal Code, 1860, or in the Code of Criminal Procedure, 1898.", "name": "Definitions", "related_acts": "11,75", "section_id": 2 }, { "act_id": 261, "details": "63. The Government may, for the purposes of this Act, by notification in the official Gazette, constitute for such area or areas to which this Act may be applied, a Tribunal (hereinafter called the Tribunal) consisting of the District Magistrate or the Additional District Magistrate.", "name": "Constitution of Tribunal", "related_acts": "", "section_id": 3 }, { "act_id": 261, "details": "4. (1) For the purpose of conducting enquiries under this Act, the Tribunal shall have all the powers of a District Magistrate under the Code of Criminal Procedure, 1898, for issuing summonses and warrants for the production of witnesses and documents, for the examination of persons complained of and witnesses, and for issuing commissions for the examination of witnesses. (2) Proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of the Code of Criminal Procedure, 1898. (3) The Tribunal shall keep its records in 7Bengali.", "name": "Powers of Tribunal", "related_acts": "75,75", "section_id": 4 }, { "act_id": 261, "details": "5. The Tribunal shall have the powers of a Court of Record for punishing contempts of its authority provided that the maximum period for which any person may be committed to prison under this provision, shall be three months.", "name": "Contempt Proceedings", "related_acts": "", "section_id": 5 }, { "act_id": 261, "details": "6. The Tribunal shall not be bound to follow the rules of evidence prescribed under the Evidence Act, 1872, and may inter alia by written order- (a)\tdirect that the whole or any part of the enquiry against any person complained of shall be held in camera;(b)\tfor reasons to be stated in the order, accept evidence on affidavit of witnesses whose presence cannot be secured without such amount of delay or expense as would in the opinion of the Tribunal be unreasonable in the circumstances of the case, or any other ground sufficient in its opinion and connected with any matter arising in the case; (c)\tfor reasons to be stated in the order, record the statement of any witness in camera in the absence of the person complained against and his counsel, if the Tribunal is satisfied that the person complained against is deliberately evading appearance; (d)\treceive in relation to the person complained of evidence of previous conviction or previous occasions of having been bound over to keep the peace or be of good behaviour; (e)\treceive evidence of general repute in relation to the person complained of; (f)\tdirect any Magistrate having jurisdiction in the area to take such steps as may be necessary to protect the life and property of any person who has given or is required to give evidence in an enquiry under this Act; (g)\tgrant immunity from prosecution to any witness appearing in any enquiry under this Act, in respect of any matter relevant to the enquiry contained in his evidence; and (h) \tdirect, with reference to specified portions of the record of the enquiry, that no copies or abstracts shall be made by or furnished to any person including the persons complained of.", "name": "Orders by Tribunal", "related_acts": "24", "section_id": 6 }, { "act_id": 261, "details": "7. (1) The Tribunal shall take cognizance of a case only when an information in respect of a specified person is laid before it by a police officer of the area concerned, not below the rank of an Inspector of Police 8or Sub-Inspector of Police in charge of Police Station who has taken part in the investigation of the case. The information shall be signed by the officer concerned and shall briefly set out- (a)\tthe practices with which the person complained of is charged; (b)\tinstances, with details of time and place, of such practices; (c)\ta statement of any relevant general reputation in which the said person is held and any other ground on which the information is based; (d)\tnames and other particulars of witnesses who will be produced to support the allegations contained in the information; and (e)\twhether the said person is sought to be declared a goonda or a dangerous goonda. (2) The officer laying the information may, if he thinks fit, enclose any of the above particulars in a sealed cover and request that the same be kept secret and the Tribunal shall order that such particulars shall not be disclosed at any stage of the enquiry, and that when the said particulars fall under clause (d) of sub-section (1) the name of the witness shall not be disclosed until such time as such witness is produced in evidence: Provided that if the said officer or the person conducting the prosecution before the Tribunal desires that the name of any witness may not be disclosed at all, the Tribunal shall order accordingly.", "name": "Cognizance of cases by Tribunal", "related_acts": "", "section_id": 7 }, { "act_id": 261, "details": "8. On receipt of an information under section 7, the Tribunal shall summon the person complained of to appear before it and shall at the same time supply him with a copy of such portion of the information as is not to be kept secret under the provisions of the preceding section: Provided that when the Tribunal is satisfied that such action is necessary, it may, in the very first instance or at any later stage of the enquiry, instead of issuing a summons or notice issue a warrant, non-bailable or bailable in such sum as may appear to it reasonable, for the arrest of the aforesaid person and his production before the Tribunal and may also issue such warrant if satisfied that the said person is hiding himself to evade service of the summons or if he does not appear in spite of the service of the summons.", "name": "Summoning of the person complained of", "related_acts": "", "section_id": 8 }, { "act_id": 261, "details": "9. (1) When the person complained of appears before it, the Tribunal may take a bond from him with or without sureties for his appearance during the enquiry or when called upon, as the case may be, and may also having regard to the nature of the information laid against him, require him to furnish a bond, with one or more sureties, in such sum as the Tribunal may think fit, to be of good behaviour until the conclusion of the enquiry, and may direct that he may be detained in custody until such bond is executed, or in default of execution, until the enquiry is concluded. (2) The Tribunal may, for reasons to be recorded, instead of taking a bond for the appearance of the person complained of, order his detention in such custody as may be prescribed by the Government by a general or special order till the conclusion of the enquiry by it.", "name": "Appearance before Tribunal", "related_acts": "", "section_id": 9 }, { "act_id": 261, "details": "10. The Tribunal shall then proceed to enquire into the truth or otherwise of the information upon which action has been taken, and for that purpose to take such evidence as may appear necessary, following in all cases the procedure prescribed in the Code of Criminal Procedure, 1898 for conducting trials and recording evidence in summary cases, but subject to the other provisions of this Act.", "name": "Proceedings before Tribunal", "related_acts": "75", "section_id": 10 }, { "act_id": 261, "details": "11. It shall not be necessary for the Tribunal to record the evidence of any witness de novo by reason only of a change in its own composition, but the Tribunal may at any time summon and examine any person, who in its opinion, is capable of giving information relevant to any matter under enquiry notwithstanding that such person has already given evidence in such enquiry.", "name": "No de novo proceedings", "related_acts": "", "section_id": 11 }, { "act_id": 261, "details": "12. Where two or more persons are associated together with regard to any matter covered by the allegations contained in the information respectively laid in respect of each, to an extent which in the opinion of the Tribunal justifies such a course, the enquiry into the matter with regard to which they are associated together may be conducted against all or any of them jointly, or against each of them separately, as the Tribunal shall think just.", "name": "Joint proceedings", "related_acts": "", "section_id": 12 }, { "act_id": 261, "details": "13.\t(1) If the Tribunal is satisfied, as a result of enquiry held under this Act, that the person complained against- (i)\tfrequents for immoral purposes houses or localities inhabited by prostitutes; or (ii)\tfrequents resorts of vice such as drinking or gambling dens, or places where opium or other intoxicating drugs are smoked or otherwise consumed; or (iii)\tgenerally appears in public while drunk; or (iv)\tis addicted to smoking opium; or (v)\tuses obscene or abusive language in public; or (vi)\tmakes fraudulent collection in the name of charity; (vii)\t\tis involved in affray, rowdism or acts of intimidation or violence in any place private or public so as to cause alarm to the people living or frequenting the neighbourhood; it shall declare that such person is a goonda and direct that his name be publicly notified in the prescribed manner, and placed on the prescribed list of goondas. (2) If the Tribunal is satisfied, as a result of enquiry as aforesaid, that any person complained against- (i)\thaving previously been declared a goonda has since such declaration acted in any manner specified in the preceding sub-section, or has contravened any prohibitory order published under section 15 made in respect of him by the Tribunal; or (ii) \tcorrupts young persons, by initiating them in the practice of any vice which if established against any person to the satisfaction of the Tribunal would entail his being declared a goonda or a dangerous goonda under this section; or (iii)\tannoys or molests other persons, particularly women or young persons; or (iv)\tpublishes, distributes, circulates, sells or offers for sale an obscene book or picture or other objects; or (v)\tdoes obscene acts including wilfully exposing his person in public; or (vi)\tinsults the modesty of women by using foul language or making indecent sounds or gestures, or by exposure of his person or the person of any other individual or of any object or otherwise howsoever; or (vii)\tengages in kidnapping or seducing women or young persons or procuring women or young persons for immoral purposes; or (viii)\tindulges in unnatural carnal intercourse; or (ix)\tkeeps a drinking or gambling den, or place where opium or other intoxicating drugs are smoked or otherwise consumed, or makes livelihood out of such den or place by acting as a tout or otherwise howsoever, or engages in the illicit manufacture or sale of liquor or opium or other intoxicating drugs; or (x)\tbehaves riotously in public by entering into affrays, or otherwise howsoever; or (xi)\tcauses fear or alarm to the public or any section or member thereof, by issuing threats verbally or in writing, or by making, publishing or circulating false statements, rumours or reports; or (xii)\tis a bully, who assaults or threatens persons with the object of causing fear or alarm, or to compel them to act or not to act in a manner in which they are not bound to act, or as the case may be are entitled to act; or (xiii) \tmakes livelihood, or extorts money or other property, or seeks any concession or favour from any one, by any form of intimidation; or (xiv)\tutters counterfeit coins; or (xv)\tis by habit a smuggler of goods through customs or octroi or other tax barriers, without payment of the requisite duty or tax or in contravention of a lawful order prohibiting the export or import across such barriers; or (xvi) \tis by habit a forger; or (xvii) \tmakes a livelihood out of, or otherwise practices whether by himself or in association with other persons, the receiving or disposal of stolen property; or(xviii)\tmakes a livelihood by cheating, fraud, black marketing (that is to say, engaging in transactions involving the transfer, sale or movement of goods in contravention of any lawful order controlling such transfer, sale or movement), acting as an intermediary between bribe givers and corrupt officials or persons in public life, or by any other corrupt or dishonest means; it shall declare that such person is a dangerous goonda, and shall direct that his name be publicly notified in the prescribed manner, and be placed on the prescribed list of dangerous goondas.", "name": "Declaration of goondas and dangerous goondas", "related_acts": "", "section_id": 13 }, { "act_id": 261, "details": "14. While making declaration under section 13 the Tribunal may take such action, as it may deem fit, in one or more of the following ways:- (1)\tWhere the declaration is that the person complained of is a goonda,- (a)\tit may, in view of his age and antecedents, and the fact that some person of mature age, who is in a position of authority over him, by virtue of relationship or otherwise, becomes responsible for his good behaviour and executes a bond or other document to the satisfaction of the Tribunal to this effect, release him after due admonition; (b)\tit may require the person complained of to furnish a bond, with one or more sureties, for such period not exceeding three years and in such amount as may be specified, to be of good behaviour: Provided that where the person complained of is a minor, a bond executed by a surety or sureties only, may be accepted; (c)\tit may direct that the person complained of shall not visit any house or quarter inhabited by prostitutes, or any drinking or gambling den, or any place where opium or other intoxicating drugs are smoked or otherwise consumed or any other specified locality. (2)\tIn the case of a person who is declared a dangerous goonda,- (a)\tit may direct that his movements shall be restricted to any area specified in the order; or may direct him to report himself at such times and places and in such mode as may be specified in the order, or it may make both the directions; or may direct that he shall be externed from the city or town and neighbouring areas thereof for which it has been constituted; (b)\tit may direct that he shall not visit or go within surroundings, specified in the order or any of the undermentioned places, without the written permission of the officer-in-charge of the police-station within whose jurisdiction, such places are situated, namely,- (i)\tschools, colleges, and other institutions where young persons are given education or other training or are housed permanently or temporarily; (ii)\ttheatres, cinemas, fairs, amusement parks, and other places of public entertainment; (iii)\tpublic halls, restaurants, tea shops, and other places of public resort; (iv)\tpublic or private parks and gardens; (v)\tpublic or private playing fields and race-courses; or (vi)\tthe scene of any public meeting or procession or any assemblage of the public, whether in an enclosed place or otherwise, in connection with any public event or festival or other celebration.", "name": "Special orders against goondas and dangerous goondas", "related_acts": "", "section_id": 14 }, { "act_id": 261, "details": "15. An order under section 13 declaring any person to be a goonda or a dangerous goonda shall be published along with a statement of the order or orders, if any, made in respect of such persons under section 14, in such manner and containing such details as may be prescribed.", "name": "Publication of declaration", "related_acts": "", "section_id": 15 }, { "act_id": 261, "details": "16. (1) Every bond furnished in compliance with an order made by the Tribunal under this Act shall be in the form prescribed by the Code of Criminal Procedure, 1898, for a bond of the same description: Provided that the Tribunal may direct that the sureties offered may be scrutinised by a Magistrate of the first class nominated for the purpose by the District Magistrate.  (2) The Tribunal may, where a person who has furnished a bond for his appearance makes default, direct, in addition to action under the other provisions of this Act, that a warrant shall be issued for the production of such person, which may be bailable or non-bailable as the Tribunal may direct. (3) Where default is made in furnishing sureties, the Tribunal may direct that the person from whom such sureties were demanded shall be committed to prison or if he is already in prison, shall be detained in prison, until the sureties furnished or the period for which the security is demanded expires, or the Tribunal makes an order for the release of the person detained, whether conditional or otherwise. (4) Any surety may apply to be released from obligation of his bond, and the Tribunal may, after such enquiry as it may deem fit, call upon the person who is bound down to furnish a fresh surety, and thereupon the provisions of sub-sections (1) and (3) shall apply in relation thereto: Provided that the surety seeking release shall not be released from his obligations unless a fresh surety has been accepted in his place or in case no surety is furnished or accepted, he produces the person concerned before the Tribunal. (5) The provisions of section 514 of the Code of Criminal Procedure, 1898, shall apply in respect of the forfeiture of bonds furnished under this Act, as if for the expression 'Court' the expression 'Tribunal' wherever applicable for the purposes of this Act, were substituted, and as if from sub-section (1) of the said section, the reference to a Magistrate of the first class were omitted, and as if in sub-section (7) of the said section- (i) the reference to section 106 or section 118 or section 562 of that Code were replaced by a reference to clause (1)(b) of section 14 of this Act; and (ii) the reference to a bond executed in lieu of the bond under section 514B of that Code were replaced by a reference to the proviso to clause (1)(b) of section 14 of this Act.  (6) A breach of any order made against any person under clause (1)(c) or clause (2) (a) or clause (2)(b) of section 14, or the commission of any offence which is punishable with imprisonment under any law for the time being in force and which in the opinion of the Tribunal involves or implies moral turpitude, shall amount to a breach of a bond for good behaviour which may have been furnished by him under this Act.", "name": "Bond under Tribunal’s orders", "related_acts": "75,75", "section_id": 16 }, { "act_id": 261, "details": "17. No appeal shall lie from any order made by the Tribunal but in relation to any such order under section 5 or section 13 or section 16, the 9High Court Division may call for the record of the case, and if the Tribunal appear- (a)\tto have exercised a jurisdiction not vested in it by law, (b)\tto have failed to exercise a jurisdiction so vested, or (c)\tto have acted in the exercise of its jurisdiction illegally, the 10High Court Division may make such direction as it may deem sufficient for the rectification of the error or omission and the Tribunal shall conduct itself accordingly.", "name": "Revision of Tribunal’s orders", "related_acts": "", "section_id": 17 }, { "act_id": 261, "details": "18. Notwithstanding anything contained in the 11* * * Penal Code, the Whipping Act, 1909, or any other law for the time being in force, when a dangerous goonda is convicted under an Act mentioned in the first column of the Schedule to this Act for an offence punishable under any of the sections of that Act mentioned against it in the second column of the said Schedule, the maximum punishment that may be awarded, on such conviction shall be that appearing in the corresponding entry in the third column thereof.", "name": "Enhanced punishments in some cases", "related_acts": "91", "section_id": 18 }, { "act_id": 261, "details": "19. If the Tribunal has reason to believe that a person against whom a warrant of arrest has been issued under section 8, has absconded, or is concealing himself, so that the warrant cannot be executed, it may- (a)\tsend a report to a Magistrate having jurisdiction in the area where the person complained of ordinarily resides or has his property or is present, and the said Magistrate shall take proceedings under sections 87, 88 and 89 of the Code of Criminal Procedure, 1898, in respect of the said person and his property as if the warrant were a warrant issued by the said Magistrate; or (b)\tby order notified in the official Gazette direct the said person to appear before it, at such place and within such period as may be specified in the order; and if the said person omits to comply with such direction, he shall, unless he proves that it was not possible for him to comply therewith and that he had at the first possible opportunity within the period sent information to the Tribunal of the reasons which rendered compliance therewith impossible and of his whereabouts, be deemed to have evaded compliance with the order.", "name": "Procedure where a person absconds or conceals himself", "related_acts": "75", "section_id": 19 }, { "act_id": 261, "details": "20. Every person, in respect of whom an order has been made under section 13 of this Act, shall, if so directed by the Tribunal present himself before such officer of the Government and at such place and time as may be specified in the order- (i)\tfor being photographed; (ii)\tfor giving his finger impressions or if literate, specimens of his handwriting and signature; and such person shall allow himself to be photographed and shall affix his finger impressions as required or as the case may be supply specimens of his handwriting and signature.", "name": "Photographs, fingerprints, etc.", "related_acts": "", "section_id": 20 }, { "act_id": 261, "details": "21. Notwithstanding anything contained in any other laws for the time being in force, every offence punishable under this Act, shall, within the meaning of the Code of Criminal Procedure, 1898, be cognizable and non-bailable.", "name": "Offences cognizable and non-bailable", "related_acts": "75", "section_id": 21 }, { "act_id": 261, "details": "22. No proceedings taken or orders passed under this Act, shall be called in question otherwise than as provided hereunder and no civil or criminal proceedings shall be instituted against any person for anything done or intended or purporting to be done under this Act, or against any person for any loss or damage caused to or in respect of any property, as a result of an act done or purporting to be done under this Act.", "name": "Bar of Civil or Criminal Proceedings", "related_acts": "", "section_id": 22 }, { "act_id": 261, "details": "23. The provisions of this Act, and any order made or action taken under this Act, shall have effect notwithstanding anything inconsistent therewith contained in any enactment, other than this Act, for the time being in force, and in any instrument having effect by virtue of any such enactment other than this Act.", "name": "Effect of other law and enactments", "related_acts": "", "section_id": 23 }, { "act_id": 261, "details": "24. (1) A breach of any order made under clause (1)(c) or clause (2)(a) or clause (2)(b) of section 14 shall be punishable with imprisonment of either description which in the case of a goonda may extend to one year and in the case of dangerous goonda to three years. (2) A breach of any order made or direction given under this Act not otherwise provided for shall be punishable with imprisonment of either description which may extend to one year or with fine or with both.", "name": "Penalty for breaches of orders", "related_acts": "", "section_id": 24 }, { "act_id": 261, "details": "25. (1) The Government shall, in each city or town for which a Tribunal has been constituted, appoint an officer of police not lower in rank than a Deputy Superintendent of Police to be a Probation Officer. (2) It shall be the duty of the Probation Officer under the general control of the Tribunal- (a)\tto have the superintendence of all goondas and dangerous goondas in the city or town in which he has been appointed with a view to preventing them from evil association and assisting in their rehabilitation as useful citizens; (b)\tto make reports at prescribed times and in the prescribed manner to the Tribunal regarding the general behaviour of each such goonda, and the manner of dealing with him; (c) \tto make recommendations, as and when justified by the general behaviour of any such goonda for releasing him from any bond for good behaviour or from any order of prohibition or detention made in respect of him under sub-section (1)(b) or sub-section (1)(c) or sub-section (2)(a) or sub-section (2)(b) of section 14, as the case may be; and (d)\tto make recommendations, as and when justified by marked improvement in the general behaviour, manner of life and character of any goonda or dangerous goonda that his name may be removed from any list on which it is carried.", "name": "Appointment and duties of Probation Officer", "related_acts": "", "section_id": 25 }, { "act_id": 261, "details": "26. On receipt of a periodical report, or as the case may be, a recommendation, from the Probation Officer, the Tribunal may in the case of any goonda or dangerous goonda after such enquiry as it may deem necessary, direct- (a)\tthat he be released from any bond for good behaviour furnished by him or on his account and from any order of detention or of prohibition made in respect of him under section 14; or (b)\tthat his name be removed from the list of goondas or dangerous goondas, as the case may be.", "name": "Action on Probation Officer’s report", "related_acts": "", "section_id": 26 }, { "act_id": 261, "details": "27. The record of the proceedings held by the Tribunal or any portion thereof for which the person laying the information or conducting the prosecution before the Tribunal, has claimed privilege before the Tribunal or which he has requested for being kept a secret shall not be available for inspection by any one during the enquiry before the Tribunal or any revision proceedings before the 12High Court Division hearing the revision, or after the disposal of the case, and such records shall after the disposal of the enquiries be kept in such custody as the Government may prescribe.", "name": "Secret record", "related_acts": "", "section_id": 27 }, { "act_id": 261, "details": "28. (1) The Government may make rules, not inconsistent with the provisions of this Act, for carrying out the purposes of this Act. (2) Without prejudice to the generality of the power conferred by sub-section (1), such rules may provide for- (a)\tthe lists to be maintained in which the names of goondas or dangerous goondas are to be registered, and the manner of such registration; (b)\tthe manner in which the names of persons who are declared to be goondas or dangerous goondas shall be publicly notified; (c)\tthe manner in which an order under clause (a) of sub-section (2) of section 14 operate; and (d)\tthe periods for which and the manner in which Probation Officer shall make reports to the Tribunal regarding the general behaviour of goondas and dangerous goondas.", "name": "Rules", "related_acts": "", "section_id": 28 } ], "text": "♣An Act to provide for the better control of riotous and disorderly persons commonly known as goondas residing in or frequenting certain 1areas * * *. WHEREAS it is expedient to provide for special measures for better control of disorderly persons commonly known as goondas in certain cities and towns and the neighbourhood of those towns and cities and for ancillary matters; NOW, THEREFORE, in exercise of the powers so assumed, the Governor is pleased hereby to enact as follows:-" }

{ "id": 262, "lower_text": [ "1 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 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)", "3 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The Control of Essential Commodities Act, 1956 (East Pakistan Act)", "num_of_sections": 16, "published_date": "22nd September, 1956", "related_act": [ 388, 75, 11, 430, 24 ], "repelled": false, "sections": [ { "act_id": 262, "details": "1. (1) This Act may be called the 1* * * Control of Essential Commodities Act, 1956. (2) It extends to the whole of 2Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 262, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“essential commodity” means any of the following classes of commodities:- (i)\tfoodstuffs; (ii)\tcotton and woollen textiles; (iii)\tpaper including paper-board, pulp-board, wall-board, fibre board, straw board, box-board, cellulose wadding, cellulose films and other similar materials which are manufactured wholly or mainly either from vegetable fibres or a pulp thereof or both from such fibres and such pulp, but does not include any of these materials; (iv)\tmechanically propelled vehicles, their spare parts and tyres and tubes for the same; (v)\tcoal; (vi)\tiron and steel; (vii)\tmica; (viii) \tdrugs and medicines, including those administered by injection; (ix)\tchemicals including gases; (x)\telectrical and radio goods and appliances, including wires and cables; (xi)\tmedical and surgical instruments and appliances; (xii)\tglass and glassware including scientific and laboratory equipment; (xiii)\tartificial silk yarn; (xiv)\tcycles, their spare parts, and tyres and tubes for the same; (xv)\tmatches; (xvi)\ttimber; (xvii)\tsanitary and water supply fittings; (xviii) \tinfant and patient foods and allied articles; (xix)\tcement; (xx)\tcigarettes; (xxi)\tfertilisers; (xxii)\ttallow; (xxiii) \ttorch cells; (xxiv)\tsuch other classes of commodities as may be declared by the Government by notification in the official Gazette to be essential commodities for the purposes of this Act; (b)\t“foodstuffs” shall include edible oilseeds and oils; (c)\t“notified order” means an order notified in the official Gazette; and (d)\t“paper” shall include newsprint.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 262, "details": "3. (1) The Government, so far as it appears to it to be necessary or expedient for maintaining, or increasing supplies of any essential commodity or for securing its equitable distribution and availability at fair prices, may by notified order provide for regulating, or prohibiting the production, treatment, keeping, storage, movement, transport, supply, distribution, disposal, acquisition, use or consumption thereof and trade and commerce therein. (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide- (a)\tfor regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b)\tfor controlling the prices at which any essential commodity may be bought or sold; (c)\tfor regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of any essential commodity; (d)\tfor prohibiting the withholding from sale of any essential commodity kept for sale; (e)\tfor requiring any person holding stock of an essential commodity to sell the whole or a specified part of the stock at such prices and to such persons or class of persons or in such circumstances, as may be specified in the order; (f)\tfor regulating or prohibiting any class of commercial or financial transactions relating to foodstuffs or cotton textiles which, in the opinion of the authority making the order are, or if unregulated are likely to be, detrimental to public interest; (g)\tfor requiring persons engaged in the production, supply or distribution of, trade or commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order; (h)\tfor any incidental and supplementary matters, including in particular the entering, and search of premises, vehicles, vessels and aircraft, the seizure by a person authorised to make such search of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being, or is about to be committed, or any records connected therewith, the grant or issue of licences, permits or other documents and the charging of fees therefore and for collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters. (3) An order made under sub-section (1) may confer powers and impose duties upon the Government, or officers and authorities of the Government. (4) The Government, so far as it appears to it to be necessary for maintaining or increasing the production and supply of an essential commodity, may by order authorise any person (hereinafter referred to as an authorised controller) to exercise, with respect to the whole or any part of any such undertaking engaged in the production and supply of the commodity as may be specified in the order, such functions of control, as may be provided by the order; and so long as an order made under this sub-section is in force with respect to any undertaking or part thereof- (a)\tthe authorised controller shall exercise his functions in accordance with any instruction given to him by the Government, so however, that he shall not have any power to give any direction inconsistent with the provisions of any Act or other instrument determining the functions of the undertakers except in so far as may be specifically provided by the order; and (b)\tthe undertaking or part shall be carried on, in accordance with any directions given by the authorised controller in accordance with the provisions of the order, and any person having any functions of management in relation to the undertaking or part shall comply with any such directions.", "name": "Powers to control production, supply, distribution, etc., of essential commodities", "related_acts": "", "section_id": 3 }, { "act_id": 262, "details": "4. The Government may by notified order direct that the power to make orders under section 3 shall, in relation to such matters and subject to such condition, if any, as may be specified in the direction, be exercisable also by such officer or authority subordinate to the Government or as may be specified in the direction.", "name": "Delegation of powers", "related_acts": "", "section_id": 4 }, { "act_id": 262, "details": "5. Any order made under section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.", "name": "Effect of orders inconsistent with other enactments", "related_acts": "", "section_id": 5 }, { "act_id": 262, "details": "6. (1) If any person contravenes any order made under section 3, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both, and if the order so provides, any Court trying such contravention may direct that any property in respect of which the Court is satisfied that the order has been contravened shall be forfeited to the Government: Provided that where the contravention is of an order relating to foodstuffs which contains an express provision in this behalf, the Court shall make such direction, unless for reasons to be recorded in writing it is of opinion that the direction should not be made in respect of the whole, or, as the case may be, a part, of the property. (2) The owner of any vessel, conveyance or animal carrying any property in respect of which an order under section 3 is contravened shall, if the carrying is part of the transaction involving the contravention and if he knew or had reason to believe that the contravention was being committed, be deemed to have contravened the order, and in addition to the punishment to which he is liable under sub-section (1), the vessel, conveyance or animal shall when the order provides for forfeiture of the property in respect of which the order is contravened, be forfeited to the Government. (3) If any person to whom a direction is given under sub-section (4) of section 3 fails to comply with the direction he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.", "name": "Penalties", "related_acts": "", "section_id": 6 }, { "act_id": 262, "details": "7. Any person who attempts to contravene, or abets a contravention of, any order made under section 3 shall be deemed to have contravened that order.", "name": "Attempts and abetments", "related_acts": "", "section_id": 7 }, { "act_id": 262, "details": "8. If the person contravening an order made under section 3 is a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.", "name": "Offences by Corporations", "related_acts": "", "section_id": 8 }, { "act_id": 262, "details": "9. If any person- (i) \twhen required by an order made under section 3 to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or (ii)\tmakes any such statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any such order to maintain or furnish, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.", "name": "False statement", "related_acts": "", "section_id": 9 }, { "act_id": 262, "details": "10.\tNo Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the 3* * * Penal Code, 1860.", "name": "Cognizance of offences", "related_acts": "11", "section_id": 10 }, { "act_id": 262, "details": "11.\tAny Magistrate or bench of Magistrate empowered for the time being to try in 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 section 262 of the said Code any offence punishable under this Act.", "name": "Power to try offences summarily", "related_acts": "75", "section_id": 11 }, { "act_id": 262, "details": "12.\tNotwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any Magistrate of the First Class specially empowered by the Government in this behalf to pass a sentence of fine exceeding one thousand rupees on any person convicted of contravening an order made under section 3.", "name": "Special provision regarding fines", "related_acts": "75", "section_id": 12 }, { "act_id": 262, "details": "13.\t(1) No order made in exercise of any power conferred by or under this Act shall be called in question in any Court. (2) Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Act, a Court shall, within the meaning of Evidence Act, 1872, presume that such order was so made by that authority.", "name": "Presumption as to orders", "related_acts": "24", "section_id": 13 }, { "act_id": 262, "details": "14.\tWhere any person is prosecuted for contravening any order made under section 3 which prohibits him from doing an act or being in possession of a thing without lawful authority or without a permit, licence or other document, the burden of proving that he has such authority, permit, licence or other document, shall be on him.", "name": "Burden of proof in certain cases", "related_acts": "", "section_id": 14 }, { "act_id": 262, "details": "15.\t(1) 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 in pursuance of any order made under section 3. (2) No suit or other legal proceeding shall lie against the Government or any officer under it for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made under section 3.", "name": "Protection of action taken under Act", "related_acts": "", "section_id": 15 }, { "act_id": 262, "details": "16. Repeal and saving.- Repealed by section 3 and the Second Schedule of the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).", "name": "Repealed.", "related_acts": "", "section_id": 16 } ], "text": "An Act to provide for powers to control the production, treatment, keeping, storage, movement, transport, supply, distribution, disposal, acquisition, use or consumption of, and trade and commerce in, certain commodities. ♣ WHEREAS it is expedient to provide for powers to control the production, treatment, keeping, storage, movement, transport, supply, distribution, disposal, acquisition, use or consumption of, and trade and commerce in, certain commodities within Bangladesh; It is hereby enacted as follows:-" }

{ "id": 263, "lower_text": [ "1 Throughout this Act, 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)", "2 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "3 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)", "4 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "5 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "6 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "7 Section 10A was inserted by section 2 of the Pakistan Commissions of Inquiry (Amendment) Ordinance, 1959 (Ordinance No. XXXVIII of 1959)" ], "name": "The Commissions of Inquiry Act, 1956", "num_of_sections": 14, "published_date": "11th April, 1956", "related_act": [ 388, 263, 75, 430, 86 ], "repelled": false, "sections": [ { "act_id": 263, "details": "1. (1) This Act may be called the 2* * * Commissions of Inquiry Act, 1956. (2) It extends to the whole of 3Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "263", "section_id": 1 }, { "act_id": 263, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Commission” means a Commission of Inquiry appointed or deemed to have been appointed under section 3; and (b)\t“prescribed” means prescribed by rules made under section 12.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 263, "details": "3. (1) The Government may, if it is of opinion that it is necessary so to do, by notification in the official Gazette, appoint a Commission of Inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the Commission so appointed shall make the inquiry and perform the functions accordingly. (2) The Commission may consist of one or more members appointed by the Government, and where the Commission consists of more than one member, one of them may be appointed as the President thereof.", "name": "Appointment of Commission", "related_acts": "", "section_id": 3 }, { "act_id": 263, "details": "4. The Commission shall have the powers of a civil court, while trying a suit under the Code of Civil Procedure, 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; (d)\tissuing commissions for the examination of witnesses or documents.", "name": "Powers of Commission", "related_acts": "86", "section_id": 4 }, { "act_id": 263, "details": "5. (1) Where the Government is of opinion that, having regard to the nature of the inquiry to be made and other circumstances of the case, all or any of the provisions of sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) or sub-section (6) should be made applicable to a Commission, the Government may, by notification in the official Gazette, direct that all or such of the said provisions as may be specified in the notification shall apply to that Commission and on the issue of such a notification, the said provisions shall apply accordingly. (2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry. (3) The President or any officer, not below the rank of a gazetted officer, specially authorised in this behalf by the President may enter any building or place where the Commission has reason to believe that any books of account or other documents relating to the subject matter of the inquiry may be found, and may seize any such books of account or documents or take extracts or copies therefrom, subject to the provisions of section 102 and section 103 of the Code of Criminal Procedure, 1898, in so far as they may be applicable. (4) The Commission shall be deemed to be a civil Court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the 4* * * Penal Code, is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1898, forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the Code of Criminal Procedure, 1898. (5) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the 5* * * Penal Code. (6) The Commission shall have the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908, in respect of requisitioning any public record or copy thereof from any court or office.", "name": "Additional powers of Commission", "related_acts": "75,75,75,86", "section_id": 5 }, { "act_id": 263, "details": "6. No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: Provided that the statement- (a)\tis made in reply to a question which he is required by the Commission to answer; or (b)\tis relevant to the subject matter of inquiry.", "name": "Statements made by persons to the Commission", "related_acts": "", "section_id": 6 }, { "act_id": 263, "details": "7. The Government may, if it is of opinion that the continued existence of a Commission is unnecessary, by notification in the official Gazette, declare that the Commission shall cease to exist from such date as may be specified in this behalf in such notification, and thereupon, the Commission shall cease to exist.", "name": "Commission to cease to exist when so notified", "related_acts": "", "section_id": 7 }, { "act_id": 263, "details": "8. The Commission shall subject to any rules that may be made in this behalf, have power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private) and may act notwithstanding the temporary absence of any member or the existence of a vacancy among its members.", "name": "Procedure to be followed by the Commission", "related_acts": "", "section_id": 8 }, { "act_id": 263, "details": "9. No suit or other legal proceedings shall lie against the Government, the Commission or any member thereof, or any person acting under the direction either of the Government or of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder or in respect of the publication, by or under the authority of the Government or the Commission, of any report, paper or proceedings.", "name": "Protection of action taken in good faith", "related_acts": "", "section_id": 9 }, { "act_id": 263, "details": "10. Every member of the Commission and every officer appointed or authorised by the Commission to exercise functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the 6* * * Penal Code.", "name": "Members, etc., to be public servants", "related_acts": "", "section_id": 10 }, { "act_id": 263, "details": "710A. (1) The Government may, by notification in the official Gazette and subject to such conditions or restrictions if any, as may be mentioned in the notification, confer upon the Commission the power to order a police investigation into any matter coming before it. (2) In conducting an investigation ordered under sub-section (1) the police shall exercise the powers conferred on the police in respect of a cognizable case by Chapter XIV of the Code of Criminal Procedure, 1898.", "name": "", "related_acts": "75", "section_id": 11 }, { "act_id": 263, "details": "11. Where any authority (by whatever name called), other than a Commission appointed under section 3, has been or is set up under any resolution or order of the Government for the purpose of making an inquiry into any definite matter of public importance and the Government is of opinion that all or any of the provisions of this Act should be made applicable to that authority, the Government may, by notification in the official Gazette, direct that the said provisions of this Act shall apply to that authority, and on the issue of such notification, that authority shall be deemed to be a Commission appointed under section 3 for the purpose of this Act.", "name": "Act to apply to other inquiring authorities in certain cases", "related_acts": "", "section_id": 12 }, { "act_id": 263, "details": "12. The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 13 }, { "act_id": 263, "details": "13. Repeal of Ordinance XXIV of 1955.- Repealed by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).", "name": "Repealed.", "related_acts": "430", "section_id": 14 } ], "text": "An Act to provide for the appointment of Commissions of Inquiry and for vesting such Commissions with certain powers. 1♣ WHEREAS it is expedient to provide for the appointment of Commissions of Inquiry and for vesting such Commissions with certain powers; It is hereby enacted as follows:-" }

{ "id": 264, "lower_text": [ "1 Throughout this Act, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Central Government” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The United Nations (Declaration of Death of Missing Persons) Act, 1956", "num_of_sections": 5, "published_date": "11th April, 1956", "related_act": [ 264, 430 ], "repelled": false, "sections": [ { "act_id": 264, "details": "1. (1) This Act may be called the United Nations (Declaration of Death of Missing Persons) Act, 1956. (2) It shall extend to the whole of Bangladesh and shall come into force at once.", "name": "Short title and commencement", "related_acts": "264", "section_id": 1 }, { "act_id": 264, "details": "2. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, the provisions set out in the Schedule to this Act, of the Convention on Declaration of Death of Missing Persons, adopted by the United Nations Conference on the Declaration of Death of Missing Persons, on the 6th Day of April, 1950, shall have the force of law in Bangladesh. (2) The Government may by notification in the official Gazette amend the said Schedule in conformity with any amendments duly made in the provisions of the said Convention.", "name": "Provisions of the Schedule to have the force of law", "related_acts": "", "section_id": 2 }, { "act_id": 264, "details": "3. (1) Where in pursuance of any international agreement, convention or other instrument it is necessary or permissible to make a declaration of death in respect of persons having disappeared subsequent to 1945 under circumstances similar to those mentioned in provisions set out in the Schedule to this Act, the Government may, by notification in the official Gazette, declare that the said provisions or such of them as it may deem necessary or convenient for giving effect to the said agreement, convention or other instrument, shall apply with such adaptations as may be necessary to the persons specified in the notification, and thereupon the said provisions shall apply accordingly and notwithstanding anything to the contrary contained in any other law for the time being in force, shall in such application have the force of law in Bangladesh. (2) The persons to be specified in the notification as aforesaid may be specified in such manner as the Government may think fit.", "name": "Powers to make declarations in respect of certain persons having disappeared subsequent to 1945", "related_acts": "", "section_id": 3 }, { "act_id": 264, "details": "4. The Government may make rules for carrying out the purposes of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 4 }, { "act_id": 264, "details": "5. Repeal. 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 } ], "text": "An Act to give effect to the United Nations Convention on the Declaration of Death of Missing Persons. 1♣ WHEREAS it is expedient to give effect to the United Nations Convention on the Declaration of Death of Missing Persons; It is hereby enacted as follows:-" }

{ "id": 265, "lower_text": [ "1 Throughout this Act, the word “Government” was substituted for the words “Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "2 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "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 words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "5 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "6 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The Food (Special Courts) Act, 1956 (East Pakistan Act)", "num_of_sections": 9, "published_date": "13th November, 1956", "related_act": [ 75, 388, 430 ], "repelled": true, "sections": [ { "act_id": 265, "details": "1. (1) This Act may be called the 2* * * Food (Special Courts) Act, 1956. (2) It extends to the whole of 3Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 265, "details": "2. In this Act unless there is anything repugnant in the subject or context,- (a)\t“foodstuffs” and “notified order” shall have the meanings respectively assigned to them in the 4* * * Control of Essential Commodities Act, 1956. (b)\t“Special Magistrate” means Special Magistrate appointed under this Act.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 265, "details": "3. Notwithstanding anything contained in the 5* * * Control of Essential Commodities Act, 1956, or in any other law for the time being in force, contravention of any notified order in respect of foodstuffs made or deemed to have been made under the 6* * * Control of Essential Commodities Act, 1956, shall be tried and punished by Special Magistrates appointed under this Act and no other Court shall have any jurisdiction to take cognizance of any such offence.", "name": "Offences under the Ordinance", "related_acts": "", "section_id": 3 }, { "act_id": 265, "details": "4. The Government may appoint as many Special Magistrates as it may deem necessary to try and punish offences under this Act.", "name": "Appointment of Special Magistrates", "related_acts": "", "section_id": 4 }, { "act_id": 265, "details": "5. A Special Magistrate may take cognizance of any offence punishable under this Act, committed within the territorial limits of his jurisdiction:- (a)\tupon receiving a complaint of facts which constitutes such offences; (b)\tupon a report in writing of such facts made by any police officer; (c)\tupon information received from any person other than a police officer or upon his own knowledge or suspicion that such offence has been committed.", "name": "Cognizance of offences by Special Magistrates", "related_acts": "", "section_id": 5 }, { "act_id": 265, "details": "6. If any person commits an offence punishable under this Act, he shall be punishable with an imprisonment for a term which may extend to three years or with fine or with any one or both of them and the Court of Special Magistrate trying such offence may direct that any foodstuffs in respect of which the said Court is satisfied that a notified order has been contravened shall be forfeited to the Government.", "name": "Penalties", "related_acts": "", "section_id": 6 }, { "act_id": 265, "details": "7. (1) A Special Magistrate may pass any sentence authorised by this Act. (2) A Special Magistrate trying an offence under this Act shall have power to try such offences summarily and in trying such offences such Magistrate shall follow the procedure laid down in the Code of Criminal Procedure, 1898, for summary trials: Provided that such Magistrate shall not be required to record more than a memorandum of the evidence.", "name": "Procedure for trials", "related_acts": "75", "section_id": 7 }, { "act_id": 265, "details": "8. The provisions of the Code of Criminal Procedure, 1898, in so far as they are applicable and in so far as they are not inconsistent with the provisions of this Act, shall apply to all matters connected with, arising from or consequent upon a trial by a Special Magistrate appointed under this Act.", "name": "Inconsistency with other laws", "related_acts": "75", "section_id": 8 }, { "act_id": 265, "details": "9. Repeal and saving.- Repealed by section 3 and the Second Schedule of the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).", "name": "Repealed", "related_acts": "", "section_id": 9 } ], "text": "An Act to provide for setting up of Courts for speedy trial of offences in relation to foodstuffs. 1♣ WHEREAS it is expedient to provide for setting up of Courts for speedy trial of offences in relation to foodstuffs; It is hereby enacted as follows:-" }

{ "id": 266, "lower_text": [ "1 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)", "2 The words and brackets “the then East Pakistan (now Bangladesh)” were 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 Law of Evidence Amendment Act, 1956 (East Pakistan Act)", "num_of_sections": 2, "published_date": "27th December, 1956", "related_act": [ 24, 430 ], "repelled": false, "sections": [ { "act_id": 266, "details": "1. (1) This Act may be called the Law of Evidence Amendment Act, 1956. (2) It extends to the whole of 1Bangladesh. (3) It shall be deemed to have come into force on the 15th day of August, 1947.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 266, "details": "(4) Notwithstanding anything contained in the Evidence Act, 1872, copies of common records of the divided districts of Bengal and Assam in the custody of a public officer, the originals whereof are either in West Bengal or Assam, shall be deemed to be public document within the meaning of clause (1) of section 74 of the Evidence Act, 1872 and other provisions of the said Act shall apply accordingly. Explanation.- 'Common records' mean and include documents of public nature in the custody of a public officer immediately before the 15th day of August, 1947, relating to a district or part of a district, which has fallen partly in 2the then East Pakistan (now Bangladesh) and partly in India as a result of the award of the Boundary Commission appointed under section 3 of the Indian Independence Act, 1947.", "name": "Copies of common records to be public documents", "related_acts": "24,24", "section_id": 2 } ], "text": "An Act to supplement the Law of Evidence. WHEREAS doubts exist as to the admissibility of the certified copies of the copies of common records; AND WHEREAS it is necessary to remove such doubts; It is hereby enacted as follows:-" }

{ "id": 267, "lower_text": [ "1 The words “between different areas in Bangladesh in respect of certain commodities” were substituted for the words “between the Provinces” 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)", "3 Clause (a1) was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "4 The word “Government” was substituted for the words “appropriate Government” 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 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "6 Clauses (aa) and (aaa) were inserted by section 4 of the Essential Supplies (Amendment) Ordinance, 1962 (Ordinance No. IV of 1962)", "7 The words “different areas in Bangladesh” were substituted for the words “a Province or in different areas in a Province” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "8 The words “between different areas in Bangladesh” were substituted for the words “between the Provinces or between different areas in a Province” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "9 The words “between different areas in Bangladesh” were substituted for the words “between the Provinces or between different areas in a Province” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "10 The words “in an area in Bangladesh an essential commodity to sell in another area thereof” were substituted for the words “in a Province of an essential commodity to sell in another Province or another area of the same Province” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "11 Section 4A was inserted by Article 2 and the Schedule of the Central Adaptation of Laws Order, 1964 (President’s Order No. 1 of 1964)", "12 The word “Government” was substituted for the words “Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "13 The word “Government” was substituted for the words “appropriate Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "14 The word “Government” was substituted for the words “appropriate Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "15 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "16 The word “Government” was substituted for the words “Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "17 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)" ], "name": "The Essential Commodities Act, 1957", "num_of_sections": 17, "published_date": "6th March, 1957", "related_act": [ 388, 75, 267, 430, 24 ], "repelled": false, "sections": [ { "act_id": 267, "details": "1. (1) This Act may be called the Essential Commodities Act, 1957. (2) It extends to the whole of 2Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "267", "section_id": 1 }, { "act_id": 267, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- 3* * *  (a)\t“essential commodity” means any of the classes of commodities mentioned in the Schedule to this Act, and such other classes of commodities as may be declared by the 4Government by notification in the official Gazette to be essential commodities for the purposes of this Act; (b)\t“notified order” means an order notified in the official Gazette.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 267, "details": "3. 5(1) The Government, so far as it appears to it to be necessary or expedient for securing the equitable distribution of an essential commodity between different areas in Bangladesh and availability at fair prices or for promoting export thereof, may, by notified order, provide for regulating the production, movement, transport and sale of the essential commodity in different areas in Bangladesh and for the prices to be charged or paid for it at any stage of the transaction therein. (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide- (a)\tfor controlling the prices at which any essential commodity may be bought or sold in any area; 6(aa) for procuring any essential commodity for purposes of export; (aaa) \tfor regulating, restricting or prohibiting the sale, disposal, transport and movement of any essential commodity within 7different areas in Bangladesh, for purposes of such procurement;  (b)\tfor regulating by licences, permits or otherwise, the transport, movement and distribution 8between different areas in Bangladesh of an essential commodity; (c)\tfor prohibiting the withholding of sale 9between different areas in Bangladesh of an essential commodity ordinarily kept for sale; (d) \tfor requiring any person holding stock 10in an area in Bangladesh an essential commodity to sell in another area thereof the whole or specific part of the stock at such price to such persons or class of persons under such circumstances as may be specified in the order; (e) \tfor collecting any information or statistics with a view to regulating or prohibiting any of the aforesaid matters; (f) \tfor requiring persons engaged in any of the matters mentioned above in respect of any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto as may be specified in the order; (g) for any incidental and supplementary matters, including in particular the entering, and search of premises, vehicles, vessels and aircraft, the seizure by a person authorised to make such search of any articles in respect of which such person has reason to believe that a contravention of the order has been, is being or is about to be committed, or any records connected therewith, the grant or issue of licences, permits or other documents, and the charging of fees therefore.", "name": "Power to make orders, etc.", "related_acts": "", "section_id": 3 }, { "act_id": 267, "details": "4. Delegation of powers.- 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": 4 }, { "act_id": 267, "details": "114A. The 12Government may delegate any of its powers under section 3 to any of its officers, by an order notified in the official Gazette, subject to such conditions as may be specified in the order.", "name": "Delegation of powers by Government", "related_acts": "", "section_id": 5 }, { "act_id": 267, "details": "5. Any order made under section 3 shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.", "name": "Effect of orders inconsistent with other enactments", "related_acts": "", "section_id": 6 }, { "act_id": 267, "details": "6. (1) If any person contravenes any order made under section 3, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both, and if the order so provides, any Court trying such contravention may direct that any property in respect of which the Court is satisfied that the order has been contravened shall be forfeited to the 13Government: Provided that where the contravention is of an order relating to foodstuffs which contains an express provision in this behalf, the Court shall make such direction, unless for reasons to be recorded in writing it is of opinion that the direction should not be made in respect of the whole, or, as the case may be, a part, of the property. (2) The owner of any vessel, conveyance or animal carrying any property in respect of which an order under section 3 is contravened shall, if the carrying is part of the transaction involving the contravention and if he knew or had reason to believe that the contravention was being committed, be deemed to have contravened the order, and in addition to the punishment to which he is liable under sub-section (1) the vessel, conveyance or animal shall, when the order provides for forfeiture of the property in respect of which the order is contravened, be forfeited to the 14Government.", "name": "Penalties", "related_acts": "", "section_id": 7 }, { "act_id": 267, "details": "7. Any person who attempts to contravene, or abets a contravention of, any order made under section 3 shall be deemed to have contravened that order.", "name": "Attempts and abetments", "related_acts": "", "section_id": 8 }, { "act_id": 267, "details": "8. If the person contravening an order made under section 3 is a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.", "name": "Offences by Corporations", "related_acts": "", "section_id": 9 }, { "act_id": 267, "details": "9. If any person- (i) \twhen required by an order made under section 3 to make any statement or furnish any information makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or (ii)\tmakes any statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any such order to maintain or furnish; he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.", "name": "False statements", "related_acts": "", "section_id": 10 }, { "act_id": 267, "details": "10. No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the 15* * * Penal Code.", "name": "Cognizance of offences", "related_acts": "", "section_id": 11 }, { "act_id": 267, "details": "11. Any magistrate or bench of magistrates 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 the said Code any offence punishable under this Act.", "name": "Powers to try offences summarily", "related_acts": "75", "section_id": 12 }, { "act_id": 267, "details": "12. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it should be lawful for any Magistrate of the First Class specially empowered by the 16Government in this behalf to pass a sentence of fine exceeding one thousand 17taka on any person convicted of contravening an order made under section 3.", "name": "Special provision regarding fines", "related_acts": "75", "section_id": 13 }, { "act_id": 267, "details": "13. (1) No order made in exercise of any power conferred by or under this Act shall be called in question in any Court. (2) Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Act, a Court shall, within the meaning of the Evidence Act, 1872, presume that such order was so made by that authority.", "name": "Presumption as to order", "related_acts": "24", "section_id": 14 }, { "act_id": 267, "details": "14. Where any person is prosecuted for contravening any order made under section 3 which prohibits him from doing an act or being in possession of a thing without lawful authority or without a permit, licence or other document, the burden of proving that he has such authority, permit, licence or other document, shall be on him.", "name": "Burden of proof in certain cases", "related_acts": "", "section_id": 15 }, { "act_id": 267, "details": "15. (1) 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 in pursuance of any order made under section 3. (2) No suit or other legal proceeding shall lie against Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any order made under section 3.", "name": "Protection of action taken under the Act", "related_acts": "", "section_id": 16 }, { "act_id": 267, "details": "16. Repeal.- Repealed by section 2 and 1st Schedule of the Repealing and Amending Ordinance, 1965 (Ordinance No. X of 1965).", "name": "Repealed", "related_acts": "", "section_id": 17 } ], "text": "An Act to provide for price control and regulation of trade and commerce 1between different areas in Bangladesh in respect of certain commodities. WHEREAS it is expedient to provide for price control and regulation of trade and commerce between different areas in Bangladesh in respect of certain commodities; It is hereby enacted as follows:-" }

{ "id": 268, "lower_text": [ "1 Throughout this Act, the word “Government” was substituted for the words “Provincial Government” by section 2 of the Animals Slaughter (Restriction) and Meat Control (Amendment) Ordinance, 1983 (Ordinance No. XVIII of 1983)", "2 The words “East Pakistan” were omitted by section 3 of the Animals Slaughter (Restriction) and Meat Control (Amendment) Ordinance, 1983 (Ordinance No. XVIII of 1983)", "3 The words “Bangladesh” were substituted for the words “East Pakistan” by section 3 of the Animals Slaughter (Restriction) and Meat Control (Amendment) Ordinance, 1983 (Ordinance No. XVIII of 1983)", "4 The words and commas “calf, buffalo, goat and sheep” were substituted for the words “calf and buffalo” by section 4 of the Animals Slaughter (Restriction) and Meat Control (Amendment) Ordinance, 1983 (Ordinance No. XVIII of 1983)", "5 The words “Armed Forces of Bangladesh” were substituted for the words “Pakistan State Forces” by section 4 of the Animals Slaughter (Restriction) and Meat Control (Amendment) Ordinance, 1983 (Ordinance No. XVIII of 1983)", "6 Clauses (a), (b) and (c) were substituted by section 5 of the Animals Slaughter (Restriction) and Meat Control (Amendment) Ordinance, 1983 (Ordinance No. XVIII of 1983)", "7 The words “Directorate of Livestock Services not below the rank of Thana Livestock Officer” were substituted for the words “East Pakistan Directorate of Animal Husbandry not below the rank of Assistant Animal Husbandry Officer” by section 5 of the Animals Slaughter (Restriction) and Meat Control (Amendment) Ordinance, 1983 (Ordinance No. XVIII of 1983)", "8 The word and figure “Taka 1000” were substituted for the letters and figure “Rs. 200” by section 6 of the Animals Slaughter (Restriction) and Meat Control (Amendment) Ordinance, 1983 (Ordinance No. XVIII of 1983)", "9 Sub-section (1) was substituted by section 7 of the Animals Slaughter (Restriction) and Meat Control (Amendment) Ordinance, 1983 (Ordinance No. XVIII of 1983)", "10 The word “Pakistan” was omitted by section 8 of the Animals Slaughter (Restriction) and Meat Control (Amendment) Ordinance, 1983 (Ordinance No. XVIII of 1983)" ], "name": "The Animals Slaughter (Restriction) and Meat Control Act, 1957 (East Pakistan Act)", "num_of_sections": 13, "published_date": "23rd April, 1957", "related_act": [ 75 ], "repelled": false, "sections": [ { "act_id": 268, "details": "1. (1) This Act may be called the 2* * * Animals Slaughter (Restriction) and Meat Control Act, 1957. (2) It extends to the whole of 3Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 268, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“animal” means any bull, bullock, cow, ox, heifer, 4calf, buffalo, goat and sheep; (b)\t“carcase” means the dead body or any portion of the dead body of an animal as defined in clause (a); (c)\t“catering establishment” means any hotel, restaurant, eating house, cafe, canteen, and includes any other place of a like nature open to the public or to any limited class of the public where meat in any form is consumed or procurable; (d)\t“meat” means the flesh or other edible portion of any animal which has been slaughtered in a slaughter-house as defined in clause (f) ; (e)\t“prohibited day” means a day on which the slaughter of animal and the sale of meat thereof is prohibited by the Government by notification in the official Gazette; and (f)\t“slaughter-house” means any place used for the slaughter of any animal for the purpose of selling the flesh thereof as meat or otherwise, but excludes any slaughter-house belonging to or maintained by the 5Armed Forces of Bangladesh.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 268, "details": "3. (1) No person shall, during the period of 24 hours commencing at sunset on the day immediately preceding the prohibited day, slaughter any animal at any slaughter-house or at any other place for the sale of its meat. (2) No person shall on any prohibited day sell or expose for sale any meat at any market or other place.", "name": "No slaughter of animal or sale of flesh or meat on prohibited day", "related_acts": "", "section_id": 3 }, { "act_id": 268, "details": "4. No owner, Manager or person in charge of or having control of any catering establishment shall on a prohibited day sell or expose for sale or serve, supply or cause to be served, supplied or sold any food containing meat in such catering establishment.", "name": "Restriction on supply and sale in the catering establishment", "related_acts": "", "section_id": 4 }, { "act_id": 268, "details": "5. No person shall slaughter or cause or permit to be slaughtered or offer for slaughter in a slaughter-house- 6(a) a she-goat or ewe below the age of two years or any other female animal below the age of three years; (b)\ta he-goat, ram or lamb of or below the age of one year or any other male animal of or below the age of seven years, if such animal is used or is capable of being used for draught or breeding purposes; (c)\ta she-goat or ewe of or below the age of five years or any other female animal of or below the age of ten years, if such animal is not unsuitable for bearing offspring and is capable of producing milk; or (d)\tany female animal which is pregnant or is in milk: Provided that nothing in this section shall apply to any animal which on account of any bodily injury, illness or other infirmity is certified in writing by an officer of the 7Directorate of Livestock Services not below the rank of Thana Livestock Officer,- (i)\tin the case of an animal falling under clause (a), to be unlikely to live or to be fit for any of the purposes enumerated in clauses (b) or (c) as the case may be; (ii)\tin the case of an animal falling under clauses (b) or (c), to be unfit for the purposes respectively enumerated therein; and (iii)\tin the case of an animal falling under clause (d), to be unfit to be allowed to remain pregnant or produce milk: Provided further that if any such certificate is proved to have been procured through fraud or collusion it will be treated as invalid and the officer giving such certificate shall be severely dealt with.", "name": "Restrictions on slaughter of animals", "related_acts": "", "section_id": 5 }, { "act_id": 268, "details": "6. (1) Any Officer authorised by Government by notification in the official Gazette in this behalf may- (a)\tat any time enter and inspect any place used or believed to be used for the slaughter of animals for the purpose of selling or consuming the meat thereof or any place where meat is sold or exposed for sale or where any food containing meat is served, supplied or sold if there is reason to believe that meat has been or is being served, supplied, sold or exposed for sale in such place in contravention of the provisions of this Act; (b)\tseize any animal or the carcase thereof found in such place, or any meat, receptacle, covering in which such meat is found or any other article by means of which he has reason to believe that contravention of any provision of the Act has been or is being or is likely to be committed; (c)\trequire the owner, Manager or person in charge or control of any slaughter-house or of any catering establishment to furnish such information as may be necessary for the purpose of securing compliance with this Act. (2) The Officer taking action under sub-section (1) of this section shall immediately report the matter to the nearest Magistrate having jurisdiction to enquire into or try the case or to the Officer-in-charge of the nearest police-station who on receiving such report shall have the same powers of investigation as he may exercise in a cognizable case, but shall not arrest without warrant: Provided that the Officer-in-charge or any other officer exercising any power under this Act shall have the power to dispose of any carcase by sale or otherwise as may appear to him to be most suitable if he is satisfied that the carcase is liable to speedy decay. (3) The report of the officer-in-charge mentioned in sub-section (2), submitted to the Magistrate shall be deemed to be a report under clause (b) of sub-section (1) of section 190 of the Code of Criminal Procedure, 1898.", "name": "Power of authorised Officer", "related_acts": "75", "section_id": 6 }, { "act_id": 268, "details": "7. If any person contravenes any provisions of this Act,- (a)\the shall on conviction by a competent Court be punishable with imprisonment of either description for a term which may extend to 6 months or with fine not exceeding 8Taka 1000 or with both. (b)\twithout prejudice to the punishment referred to in clause (a), any Court trying the offence may order that any animal or the carcase of such animal in respect of which the Court is satisfied that the offence has been committed, shall be forfeited to the Government and disposed of by sale or otherwise as may be prescribed.", "name": "Penalty", "related_acts": "", "section_id": 7 }, { "act_id": 268, "details": "8. All sums realised under sub-section (2) of section 6 or under section 7 shall be deposited in the Government Treasury in such manner as may be prescribed.", "name": "Deposit of sums", "related_acts": "", "section_id": 8 }, { "act_id": 268, "details": "9. 9(1) Nothing in this Act shall apply to animals slaughtered or to be slaughtered- (a)\ton the day of Id-uz-Zoha and Id-ul-Fitre and the two days succeeding each of those festivals, or (b)\tfor preparation of goat tissue vaccine or for any other research work in the vaccine and research laboratories of the Directorate of Livestock Services. (2) The Government may from time to time prescribe such other occasions in relation to which any or all of the provisions of this Act shall not apply.", "name": "Exceptions", "related_acts": "", "section_id": 9 }, { "act_id": 268, "details": "10.\tThe Government may make rules to give effect to the provisions of this Act.", "name": "Rules", "related_acts": "", "section_id": 10 }, { "act_id": 268, "details": "11.\tAny person empowered to perform any function under this Act shall be deemed to be a public servant within the meaning of section 21 of the 10* * * Penal Code.", "name": "Public servant", "related_acts": "", "section_id": 11 }, { "act_id": 268, "details": "12.\t (1) No Civil or Criminal proceeding shall lie against any person for anything done or intended to be done in good faith under this Act. (2) No proceeding shall lie against the Government for any action taken under this Act.", "name": "Indemnity", "related_acts": "", "section_id": 12 }, { "act_id": 268, "details": "13.\tRepeal and saving.- Repealed by section 3 and the Second Schedule of the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).", "name": "Repealed", "related_acts": "", "section_id": 13 } ], "text": "An Act to provide for restriction on the slaughter of certain animals and for control of consumption of meat thereof. 1♣ WHEREAS it is necessary to provide for powers to restrict the slaughter of animals and to control the consumption of meat thereof; It is hereby enacted as follows:-" }

{ "id": 269, "lower_text": [ "1 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 Section 2 was substituted by section 4 of the অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)।", "3 The word “Bengal” was omitted by section 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The Finance Act, 1957 (East Pakistan Act)", "num_of_sections": 16, "published_date": "25th April, 1957", "related_act": [ 388, 156, 430 ], "repelled": false, "sections": [ { "act_id": 269, "details": "1. (1) This Act may be called the 1* * * Finance Act, 1957. (2) It shall be deemed to have come into force from the 1st day of April, 1957.", "name": "Short title and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 269, "details": "22. (1) There shall be levied and collected a tax on advertisement through daily newspapers excluding tender and employment notices, at the rate of ten per centum of the amount charged on such advertisement. (2) The tax shall be collected and paid to the Government by the authority or management of the newspapers concerned. (3) The National Board of Revenue may make rules regulating the procedure for collection and payment of the tax and any other matter incidental to its levy.", "name": "Levy and collection of tax on advertisement through daily newspapers", "related_acts": "", "section_id": 2 }, { "act_id": 269, "details": "3. (1) There shall be levied and collected from the owner or management of any shop situated in any Municipal or Cantonment Area or in such other area or areas as may be notified in the official Gazette a tax of Tk. 3 per annum. Explanation.- 'Shop' means any premises not being premises intended to be in the nature of a temporary structure, where the trade or business of selling goods by retail or wholesale is carried on by the owner or occupier, or where services are rendered by the owner or occupier to the customers, and includes offices, show-rooms, store-rooms, godowns or ware-houses, wherever situated, used in connection with the said trade or business. (2) The Government may make rules regulating the procedure for collection and payment of the tax and any other matter incidental to its levy.", "name": "Levy and realisation of tax from owners, etc., of shops is certain areas", "related_acts": "", "section_id": 3 }, { "act_id": 269, "details": "4. Amendment of Bengal Agricultural Income-Tax Act, 1944.- Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).", "name": "Amendment of Bengal Agricultural Income-Tax Act, 1944", "related_acts": "430", "section_id": 4 }, { "act_id": 269, "details": "5. (1) Every owner or management of a hotel, restaurant, eating house or lodging-house shall apply for registration to such officer, in such manner and within such time as may be prescribed by the Government by rules on payment of registration fee at the scales specified below:- Rates of registration fee for a year or portion thereof. Tk. (i) First Class hotel or restaurant or eating-house or lodging-house. 1,000 (ii) Second Class hotel or restaurant or eating-house or lodging-house. 500 (iii) Third Class hotel or restaurant or eating-house or lodging-house. 200 (iv) Fourth Class hotel or restaurant or eating-house or lodging-house. 100 (v) Fifth Class hotel or restaurant or eating-house or lodging-house. 50 (2) The provision of sub-section (1) shall not apply to hotels, restaurant, eating houses or lodging houses the monthly net income of which is Tk. 500 or below. Explanation.- Net income shall be determined by rules. (3) Every registration under sub-section (1) shall remain valid for a year and shall be renewed every year within one month of the expiry of its validity. (4) The Government may make rules for classification of the hotels, restaurants, eating houses and lodging houses and for regulating the procedure for collection and payment of the registration fee and any other matter incidental to its levy. (5) If any owner or management of a hotel, restaurant, eating house or lodging house fails to apply within due time for registration of the hotel, restaurant, eating house or lodging-house, he shall be liable to pay one and one-eighth the rates specified in sub-section (1).", "name": "Registration of hotels, restaurants, eating houses and lodging houses", "related_acts": "", "section_id": 5 }, { "act_id": 269, "details": "6. Imposition of tax on jute.- Omitted by section 2 of the Finance (Amendment) Act, 1975 (Act No. XXXI of 1975).", "name": "Omitted.", "related_acts": "", "section_id": 6 }, { "act_id": 269, "details": "7. Amendment of the Bengal Motor Vehicles Tax Act, 1932 and the Assam Motor Vehicles Taxation Act, 1936.- 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": "156,430", "section_id": 7 }, { "act_id": 269, "details": "8. Omitted by section 7 (4) of the East Pakistan Ordinance No. LXV of 1958 which was also repealed by section 8 of the East Pakistan Act XII of 1958.", "name": "Omitted.", "related_acts": "", "section_id": 8 }, { "act_id": 269, "details": "9. Payment of tax by legal and Income-tax practitioners.- 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 }, { "act_id": 269, "details": "10. Payment of tax by Clearing Agents and Contractors.- 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": 10 }, { "act_id": 269, "details": "11. Toll on vessels plying in inland waters.- 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": 11 }, { "act_id": 269, "details": "12. Toll on fares and freights on traffic by inland vessels.- 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": 12 }, { "act_id": 269, "details": "13. Toll on freights on goods carried by road.- 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": 13 }, { "act_id": 269, "details": "14. Amendment of Art. 53 of Schedule I of Act II of 1899.- 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": 14 }, { "act_id": 269, "details": "15. If the person on whom the tax is levied or who is responsible for the collection and payment of any tax or toll under this Act fails to pay the tax or toll as provided in this Act and the rules made thereunder, he shall be liable to a penalty not exceeding the amount of the tax or toll payable.", "name": "Penalty", "related_acts": "", "section_id": 15 }, { "act_id": 269, "details": "16. Any tax, toll or fee leviable under the provision of this Act or any penalty imposed thereunder shall be deemed to be public demand within the meaning of the 3* * * Public Demands Recovery Act, 1913.", "name": "Public demand", "related_acts": "", "section_id": 16 } ], "text": "♣An Act to raise funds for augmentation of the revenues * * * and for continuance in force of certain taxes for the purpose of meeting expenditure on rehabilitation of refugees. WHEREAS it is expedient to raise funds for augmentation of the revenues * * * and to continue in force certain taxes for the purpose of meeting expenditure on rehabilitation of refugees as hereinafter provided; It is, therefore, enacted as follows:-" }

{ "id": 270, "lower_text": [ "1 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 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)", "3 The words “entered into in East Pakistan” 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 “the High Court Division” 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)", "5 The words, brackets, figures and comma “sub-section (1) of section 8 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982)” were substituted for the words, brackets, figures and comma “sub-section (1) of section 23 of the Land Acquisition Act, 1894” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "6 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "7 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)" ], "name": "The Cotton Ginning and Pressing Act, 1957 (East Pakistan Act)", "num_of_sections": 13, "published_date": "7th May, 1957", "related_act": [ 388, 75, 619, 430, 24 ], "repelled": false, "sections": [ { "act_id": 270, "details": "1.\t(1) This Act may be called the 1* * * Cotton Ginning and Pressing Act, 1957. (2) It extends to the whole of 2Bangladesh. (3) This Act shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 270, "details": "2. In this Act,- (a)\t“Cotton” means unginned cotton (kapas) or ginned cotton (rui) or pressed and baled cotton, but does not include wool cotton or silk cotton; (b)\t“Factory” means a place wherein steam, water or other mechanical power or electric power is used and where- (i)\tcotton is ginned or where cotton fibre is separated from cotton seed, or (ii)\tcotton is pressed into bales; (c)\t“Factory Selection Contract” means a contract for the sale of cotton 3* * * and providing for selection by the buyer at the factory and for delivery of the cotton selected in full pressed bales at Chittagong within the period and at the price specified in the contract; and (d)\t“Occupier” means an occupier of a factory as owner, allottee, lessee or manager.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 270, "details": "3. The Government may, by a notified order, regulate the charges to be made for the ginning and pressing of cotton and such order may regulate such charges uniformly in respect of all areas and factories or differentially in respect of particular areas or factories.", "name": "Ginning and pressing charges", "related_acts": "", "section_id": 3 }, { "act_id": 270, "details": "4. (1) The Government may, by a general or special order, requisition any factory or any place, whether open or enclosed, and use the same for ginning, pressing or storing cotton and for purposes incidental to the purposes of this Act, whether such cotton has been purchased by or on behalf of the Government or not. (2) If any such factory or place is requisitioned under this section, there shall be paid compensation which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say- (a)\twhere the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; (b)\twhere no such agreement can be reached, the Government shall appoint as arbitrator a person qualified for appointment as a Judge of 4the High Court Division; (c)\tthe Government may, in any case, nominate a person having expert knowledge as to the nature of the factory or place requisitioned, to assist the arbitrator, and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose; (d)\tat the commencement of the proceedings before the arbitrator, the Government and the person to be compensated shall state what, in their respective opinions, is a fair amount of compensation; (e)\tthe arbitrator in making his award shall have regard to the provisions of 5sub-section (1) of section 8 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), so far as the same can be made applicable to an acquisition of a temporary character. (3) The Government may prescribe the procedure to be followed in arbitration under sub-section (2).", "name": "Requisition of factories, etc.", "related_acts": "619", "section_id": 4 }, { "act_id": 270, "details": "5. (1) Where cotton is offered for sale to the occupier of a ginning factory, he shall buy the same and pay a price for it not less than the minimum price fixed for such cotton under any law for the time being in force. (2) If he fails to buy the cotton so offered to him or buys it at a price below the minimum price referred to in sub-section (1), then without prejudice to any punishment which may be imposed on him for having contravened a provision of this Act, the Government may order that the factory of which he is the occupier shall be confiscated to the Government and worked thereafter in such manner as it may see fit to direct. (3) He shall be at liberty after having bought the said cotton to sell the same to any person or at his option to the Government in accordance with the terms of an agreement to be entered into between him and the Government. (4) If after having entered into such agreement he contravenes or fails to comply with any provision of the same, he shall, without prejudice to any other action which the Government may take against him under this Act or under any other law for the time being in force, be deemed to have contravened a provision of this Act, and shall be punishable accordingly.", "name": "Proprietors, etc., of ginning factories to buy cotton offered for sale", "related_acts": "", "section_id": 5 }, { "act_id": 270, "details": "6. (1) Any person who contravenes or fails to comply with an order made or a direction given under this Act shall be punishable as if he had contravened a provision of this Act. (2) Any person who contravenes any provision of this Act shall be punishable with imprisonment for a term which may extend to 3 years or with fine or with both. (3) Where any person as aforesaid is company or other body corporate, every member, director, manager, secretary or other officer and every agent and servant thereof shall be punishable as if he had contravened a provision of this Act. (4) No person shall be prosecuted under this Act unless he has been given an opportunity by the Government to show cause within such time as the Government may specify why he should not be prosecuted, and if it is made to appear to the satisfaction of the Government at any time before the institution of the prosecution that he has used due diligence to enforce the observance of the provisions of this Act and that the offence has been committed without his knowledge or against his consent, the Government may forbear further proceedings against him: Provided that nothing in this sub-section shall prevent the Government from proceeding against him further if it sees reason to do so, in which case he shall not be prosecuted unless he has been given a further opportunity as aforesaid.", "name": "Penalty", "related_acts": "", "section_id": 6 }, { "act_id": 270, "details": "7. Any person who attempts to contravene, or abets a contravention of, any provision of this Act or any order made or direction given thereunder, shall be deemed to have contravened that provision, order or direction.", "name": "Attempts and abetments", "related_acts": "", "section_id": 7 }, { "act_id": 270, "details": "8. If any person- (i)\twhen required by an order under this Act to make any statement or furnish any information makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false or does not believe to be true, or (ii)\tmakes any statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any such order to maintain or furnish, he shall be punishable with imprisonment for a term which may extend to 3 years or with fine or with both.", "name": "False statement", "related_acts": "", "section_id": 8 }, { "act_id": 270, "details": "9. No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the 6* * * Penal Code.", "name": "Cognizance of offence", "related_acts": "", "section_id": 9 }, { "act_id": 270, "details": "10.\tAny Magistrate or Bench of Magistrate empowered for the time being to try in a summary way the offence 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 provision contained in sections 260 and 265 of the said Code any offence punishable under this Act.", "name": "Power to try offences summarily", "related_acts": "75", "section_id": 10 }, { "act_id": 270, "details": "11.\tNotwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any Magistrate of the First Class specially empowered by the Government in this behalf to pass a sentence of fine exceeding one thousand 7taka on any person convicted under this Act.", "name": "Special provision regarding fines", "related_acts": "75", "section_id": 11 }, { "act_id": 270, "details": "12.\t(1) No order made in exercise of any power conferred by or under this Act shall be called in question in any Court. (2) Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Act, a Court shall, within the meaning of the Evidence Act, 1872, presume that such order was so made by that authority.", "name": "Presumption as to orders", "related_acts": "24", "section_id": 12 }, { "act_id": 270, "details": "13.\tNo suit, prosecution or other legal proceeding shall lie in respect of anything which is, in good faith, done or intended to be done in pursuance of any order made under this Act.", "name": "Protection of action taken under this Act", "related_acts": "", "section_id": 13 } ], "text": "An Act to provide for powers to regulate charges for ginning and pressing of cotton, to requisition factories for storing of cotton and to enforce any agreement for the purchase and sale of cotton. ♣ WHEREAS it is expedient to provide for powers to control the charges for ginning and pressing of cotton, requisition of factories for storage of cotton and other incidental matters; It is hereby enacted as follows:-" }

{ "id": 271, "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", "2 The word “Government” was substituted for the word “President” 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 “President” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "4 The word “Government” was substituted for the word “President” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Diplomatic Immunities (Commonwealth Countries Representatives) Act, 1957", "num_of_sections": 8, "published_date": "30th April, 1957", "related_act": [ 430, 271 ], "repelled": false, "sections": [ { "act_id": 271, "details": "1. (1) This Act may be called the Diplomatic Immunities (Commonwealth Countries Representatives) Act, 1957. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "271", "section_id": 1 }, { "act_id": 271, "details": "2. In this Act unless there is anything repugnant in the subject or context,- (a)\t“chief representative” means a person whether known by the title of High Commissioner or by any other title, who for the time being is recognised by the Government of Bangladesh as the chief representative in Bangladesh of a Commonwealth Country for the purposes of this Act; (b)\t“envoy” means the envoy of a foreign sovereign power duly accredited in Bangladesh;  (c)\t“member of the family” of a person means his wife and his unmarried children below the age of twenty one, when resident with him; (d)\t“prescribed” means prescribed by rules made under this Act; (e)\t“staff” of a chief representative includes every person employed by the chief representative but not servants employed by a member of the staff; (f)\t“the official staff” of a chief representative means officials employed in a representative capacity directly under the orders of the chief representative.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 271, "details": "3. A chief representative is and shall be entitled to the immunity from suit and legal process, and to the inviolability of residence, official premises and official archives, to which he would be entitled if he were an envoy.", "name": "Immunity of chief representative", "related_acts": "", "section_id": 3 }, { "act_id": 271, "details": "4. (1) Subject to sub-section (2) a person who is,- (a)\ta member of the family of a chief representative, (b)\ta member of the staff of a chief representative, or (c) \ta member of the family of a member of the official staff of a chief representative, is and shall be entitled to the immunity from suit and legal process to which he would be entitled if the chief representative were an envoy. (2) When a person who is a member of the staff of a chief representative is or is deemed to be a citizen of Bangladesh- (a)\tthat person is and shall be entitled to immunity under this Act only in respect of things done or omitted to be done in the course of the performance of his duties as a member of that staff; and (b)\ta member of the family of that person is not by reason only of his being a member of that family entitled to any immunity under this Act.", "name": "Immunity of member of staff or family", "related_acts": "", "section_id": 4 }, { "act_id": 271, "details": "5. The 2Government may make rules providing that any person who holds any prescribed office in the service of the Government of a prescribed part of the Commonwealth shall, on being recognised by the Government of Bangladesh in the prescribed manner as a person entitled to the immunity from suit and legal process and to the inviolability of official premises and official archives to which he would be entitled if he were a consular officer of a foreign sovereign power, be so entitled.", "name": "Rules for grant of consular immunity", "related_acts": "", "section_id": 5 }, { "act_id": 271, "details": "6. (1) A chief representative may waive any right to immunity or inviolability to which- (a)\the or a member of his family, (b)\ta member of his staff, or (c)\ta member of the family of a member of his official staff may be entitled under this Act. (2) A person may waive any right to immunity or inviolability which has been conferred on him under the rules.", "name": "Waiver of Immunity", "related_acts": "", "section_id": 6 }, { "act_id": 271, "details": "7. (1) The Government may issue in the prescribed manner a certificate certifying any fact relevant to the question whether a person is or is not entitled under this Act or the rules made thereunder to immunity from suit or legal process or to inviolability of residence, official premises or official archives. (2) A certificate issued under sub-section (1) shall be conclusive evidence in any legal proceedings of the facts certified in the certificate.", "name": "Certificate regarding immunity", "related_acts": "", "section_id": 7 }, { "act_id": 271, "details": "8. (1) The 3Government may make rules for the purpose of carrying out the purposes of this Act. (2) Without prejudice to the generality of the foregoing power the rules may provide that, if the 4Government is of the opinion that persons representing Bangladesh in any country within the Commonwealth are not accorded treatment corresponding to the treatment accorded to persons representing that country in Bangladesh, the recognition of any representative of that country for the purposes of this Act and the immunities and inviolabilities to which the representatives or other persons of that country are otherwise entitled under this Act or the rules made thereunder shall cease, or that the immunities and inviolabilities shall be curtailed to the extent and in the manner prescribed.", "name": "Rules", "related_acts": "", "section_id": 8 } ], "text": "An Act to declare and confer certain immunities on representatives in Bangladesh of Commonwealth Countries and on certain other persons. 1♣ WHEREAS it is expedient to declare and confer certain immunities upon representatives in Bangladesh of Commonwealth Countries and on certain other persons and to provide for certain other matters; It is hereby enacted as follows:-" }

{ "id": 272, "lower_text": [ "1 Throughout this Act, unless otherwise provided, the word “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Central Government” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "2 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)", "3 The words “at Karachi” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "4 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)", "5 The word “Pakistan” was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "6 The word “Government” was substituted for the words “Provincial Government ” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "7 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)" ], "name": "The Cotton Act, 1957", "num_of_sections": 18, "published_date": "10th September, 1957", "related_act": [ 272, 24, 75, 430 ], "repelled": false, "sections": [ { "act_id": 272, "details": "1. (1) This Act may be called the Cotton Act, 1957 2(2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "272", "section_id": 1 }, { "act_id": 272, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“contract” means a contract for the purchase or sale of cotton, and includes a factory selection contract; (b)\t“cotton” means unginned cotton (kapas) or ginned cotton (rui) or pressed and baled cotton but does not include wool cotton or silk cotton; (c)\t“factory selection contract” means a contract for the sale of cotton entered into in Bangladesh and providing for selection by the buyer at the factory and for delivery of the cotton selected in full pressed bales 3* * * within the period and at the price specified in the contract; (d)\t“notified order” means an order published in the official Gazette;  (e)\t“pressing factory” means a place wherein steam, water or other mechanical power or electric power is used and where cotton is pressed into bales.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 272, "details": "43. (1) The Government may, for the promotion of international trade in cotton, constitute, by notification in the official Gazette, a Cotton Board with a Chairman and such other members, not exceeding ten, as may be specified in the notification. (2) The Chairman and the members of the Cotton Board shall be nominated by the Government.", "name": "Constitution of the Cotton Board", "related_acts": "", "section_id": 3 }, { "act_id": 272, "details": "4. The Board shall have power to supervise and regulate all dealings in cotton, in so far as they are connected with the promotion of international trade therein, and shall perform such functions as the Government may, from time to time, direct for the purposes of this Act.", "name": "Functions of the Board", "related_acts": "", "section_id": 4 }, { "act_id": 272, "details": "5. The Board shall be subject to the superintendence and control of the Government, and in the discharge of its functions shall be guided by such general or special instructions as may, from time to time, be given to it by the Government.", "name": "Control of the Board", "related_acts": "", "section_id": 5 }, { "act_id": 272, "details": "6. Requisition of factories, etc.- 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 }, { "act_id": 272, "details": "7. If in the opinion of the Government, it is expedient or necessary so to do for the purpose of securing the fulfilment of any contract relating to export of cotton on which the exporter has defaulted, it may buy cotton elsewhere and appropriate it to the contract, and the defaulter shall be liable for any loss which the Government may sustain on that account, but the defaulter shall not be entitled to any gain on the purchase made against default. Explanation.- In this section “exporter” means a seller of cotton to a foreign buyer or to his agent in Bangladesh.", "name": "Power to secure fulfilment of contracts", "related_acts": "", "section_id": 7 }, { "act_id": 272, "details": "8. (1) The Government may, at any time, by an order in writing, direct such person or class of persons as may be specified in the order to furnish such particulars relating to the fulfilment of any contract relating to export of cotton, in such manner and to such person, as may be specified in the order. (2) The Government may, by order in writing, require any person to furnish to it, or to such person as may be specified in this order, any information in his possession, being information which the Government may require for the purposes of this Act.", "name": "Power to call for information", "related_acts": "", "section_id": 8 }, { "act_id": 272, "details": "9. The Government may, by general or special order in writing, require any contract relating to export of cotton to be registered with such organisation and in such manner as may be specified in the order.", "name": "Registration of contracts", "related_acts": "", "section_id": 9 }, { "act_id": 272, "details": "10. (1) The Government, if satisfied that it could be in the interests of the trade and also of the public to do so, may, by a notified order and subject to such conditions, if any, as may be specified in the order, prohibit any specified kind or class of contracts, such as forward contracts or hedge contracts, unless such contracts are made through and under the control of, and in the manner prescribed by, an association recognised by the Government under sub-section (2). (2) For the purposes of this section, the Government may, by a notified order, recognise any association, constituted for the purpose of regulating and controlling contracts, which applies for such recognition. (3) A recognition under sub-section (2) may be granted subject to the condition that the association shall by such amendments of its articles of association, rules or bye-laws as may be necessary provide for the appointment by the Government of not more than four persons, representing interests not directly represented through membership of the association, as members of the governing body of the association. (4) Every association, which is recognised under sub-section (2), shall furnish to the Government such information and such periodical returns relating to the affairs of the association as the Government may by order in writing require. (5) The Government may, by order in writing, give such directions, as it considers necessary in the interests of the trade and the public, to an association recognised under sub-section (2) in respect of contracts to which this section applies. (6) No articles, rules or bye-laws of an association recognised under sub-section (2) shall be altered save with the previous approval of the Government. (7) Whenever the Government considers it expedient to do so, it may by order in writing, direct any association recognised under sub-section (2) to make, repeal or amend any articles, rules or bye-laws of the association in the manner and within a period specified in the order; and if the recognised association refuses, fails or neglects to comply with the direction within the specified period, the Government may, by a notified order, make, repeal or amend the articles, rules or bye-laws in the manner specified in the order giving the direction or with such modifications as the Government may think fit, and the making, repeal or amendment of the articles, rules or bye-laws shall be deemed to have been duly effected by the association. (8) If the Government is of the opinion that the interests of the trade and the public require that the recognition accorded to an association under sub-section (2) should be terminated, the Government may, after giving the association a reasonable opportunity of being heard in the matter, by a notified order, terminate the recognition on and from the date of such order or any specified date subsequent thereto, and the association shall cease to be an association recognised under sub-section (2) from the date of such termination: Provided that such termination shall not affect the validity of any contract entered into or made before the date of such termination.", "name": "Control of contracts through recognised associations", "related_acts": "", "section_id": 10 }, { "act_id": 272, "details": "11. The Government may, by a notified order, direct that any power conferred upon it by or under this Act shall, in relation to such matters and subject to such conditions, if any, as may be specified in the order, be exercisable by the Cotton Board.", "name": "Delegation of powers", "related_acts": "", "section_id": 11 }, { "act_id": 272, "details": "12. (1) Any person who contravenes or fails to comply with an order made or direction given under this Act shall be punishable as if he had contravened a provision of this Act. (2) Any person who contravenes any provision of this Act shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. (3) Where any person as aforesaid is a company or a body corporate, every director, manager, secretary or other officer, and every agent and servant thereof, and in the case of an unlimited company or a company limited by guarantee, also any of its members, shall, subject to the provisions of the next succeeding sub-section, be punishable as if he had contravened the provisions of this Act. (4) No such director, manager, secretary or other officer and no such agent, servant or member as is referred to in sub-section (3) shall be prosecuted under this Act unless he has been given an opportunity by the Government to show cause, within such time as the Government may specify, why he should not be prosecuted, and if it is made to appear to the satisfaction of the Government at any time before the institution of the prosecution that he has used due diligence to enforce the observance of the provisions of this Act and the orders and directions issued thereunder and that the offence has been committed without his knowledge or against his consent, the Government may forbear further proceedings against him: Provided that nothing in this sub-section shall prevent the Government from proceeding against him further if it sees reason to do so.", "name": "Penalty etc.", "related_acts": "", "section_id": 12 }, { "act_id": 272, "details": "13. If any person- (i)\twhen required by an order under this Act to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or (ii)\tmakes any such statement as aforesaid in any book, account, record, declaration, return or other documents which he is required by any such order to maintain or furnish, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.", "name": "False Statements", "related_acts": "", "section_id": 13 }, { "act_id": 272, "details": "14. (1) The Government may, 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 power, such rules may prescribe the procedure for determining, whether by means of arbitration or otherwise, the loss that may be sustained by Government in securing the fulfilment of any contract on which an exporter has defaulted, and the manner in which the liability of the defaulter for such loss may be discharged by him. (3) Rules made under this section shall be laid before the National Assembly at its meeting held next after the publication of the notification under sub-section (1).", "name": "Power to make rules", "related_acts": "", "section_id": 14 }, { "act_id": 272, "details": "15. No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the 5* * * Penal Code.", "name": "Cognizance of offences", "related_acts": "", "section_id": 15 }, { "act_id": 272, "details": "16. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any Magistrate of the First Class specially empowered by the 6Government in this behalf to pass a sentence of fine exceeding one thousand 7taka on any person convicted under this Act.", "name": "Special provision regarding fines", "related_acts": "75", "section_id": 16 }, { "act_id": 272, "details": "17. Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Act, a court shall, within the meaning of the Evidence Act, 1872, presume that such order was so made by that authority.", "name": "Presumption as to orders", "related_acts": "24", "section_id": 17 }, { "act_id": 272, "details": "18. Repeal.-Repealed by Section 2 and 1st Schedule of the Repealing and Amending Ordinance, 1965 (Ordinance No. X of 1965).", "name": "Repealed", "related_acts": "", "section_id": 18 } ], "text": "An Act to provide for measures for the promotion of international trade in cotton. 1♣ WHEREAS it is expedient to provide for measures for the promotion of international trade in cotton; It is hereby enacted as follows:-" }

{ "id": 273, "lower_text": [ "1 Throughout this Act, the words “Government”, “Bangladesh”, and “taka” or “Tk” were substituted for the words “Provincial Government”, “East Pakistan” and “rupees” or “Rs” 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 “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "3 Clause (f) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "4 Clause (g) was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "5 Clause (a) was omitted by section 2 of the Film Development Corporation (Amendment) Act, 1967 (East Pakistan Act No. XIV of 1967)", "6 The word “Dhaka” was substituted for the word “Dacca” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "7 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)", "8 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)", "9 The words, comma, figures and brackets “Companies Act, 1994 (Act 18 of 1994)” were substituted for the words, comma, figures and brackets “Companies Act, 1913 (VII of 1913)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "10 The words “and the Government of Pakistan” 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 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)", "12 The words, figures, comma and brackets “section 212 of the Companies Act, 1994 (Act 18 of 1994)” were substituted for the words, figures, comma and brackets “section 144 of the Companies Act, 1913 (VII of 1913)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "13 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)", "14 The words, comma, figures and brackets “Income-tax Ordinance, 1984 (XXXVI of 1984)” were substituted for the words, comma, figures and brackets “Income-tax Act, 1922 (XI of 1922)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Film Development Corporation Act, 1957 (East Pakistan Act)", "num_of_sections": 46, "published_date": "21st May, 1957", "related_act": [ 672, 388, 430, 47, 46, 415 ], "repelled": false, "sections": [ { "act_id": 273, "details": "1. (1) This Act may be called the 2* * * Film Development Corporation Act, 1957. (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": 273, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Directors of the Corporation; (b)\t“Borrower” means any person or persons or body of persons, whether incorporated or not, to whom a loan is made by the Corporation under this Act and the successors and assignees of such person or persons; (c)\t“Corporation” means the Film Development Corporation established by this Act; (d)\t“Film industry” means an industry engaged in the production of motion pictures for commercial exhibition and includes the setting up and maintaining of studios for the production of films; (e) \t“Film” means celluloid film used for producing motion pictures for commercial exhibition; 3(f)\t“Scheduled Bank” means a Bank for the time being included in the list of Banks maintained under clause (1) of Article 37 of the Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972); and 4* * *", "name": "Interpretation", "related_acts": "415", "section_id": 2 }, { "act_id": 273, "details": "3. (1) A Corporation to be called “The Film Development Corporation” shall be established as soon as may be after the commencement of this Act. (2) The Corporation shall be a body corporate by the name of the Film Development Corporation, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire and hold property, both movable and immovable, and shall by the said name sue and be sued.", "name": "Establishment and incorporation of Corporation", "related_acts": "", "section_id": 3 }, { "act_id": 273, "details": "4. (1) The authorised capital of the Corporation shall, in the first instance, be one crore of taka, divided into ten lakh fully paid up shares of Tk 10 each. These shares may be issued and allotted by the Corporation from time to time with the previous sanction of the Government. (2) The authorised capital may, with the previous approval of the Government, be increased from time to time by the Corporation. (3) The Government shall be a shareholder of the Corporation and shall subscribe to and hold not less than fifty-one per centum of the shares issued by the Corporation at any time; the remaining shares shall be reserved for public subscription.", "name": "Share capital and shareholders", "related_acts": "", "section_id": 4 }, { "act_id": 273, "details": "5. The shares and debentures of the Corporation shall be deemed to be “approved securities” for the purposes of the Trusts Act, 1882.", "name": "Approved securities", "related_acts": "47", "section_id": 5 }, { "act_id": 273, "details": "6. (1) The general direction and administration of the Corporation and its affairs shall vest in a Board of Directors, which, with the assistance of an Executive Committee and a Managing Director, may exercise all powers and do all acts and things, which may be exercised or done by the Corporation. (2) The Board in discharging its functions shall act on commercial considerations and shall be guided on questions of policy by such directions as the Government, which shall be the sole judge whether a question is a question of policy, may direct from time to time. (3) If the Board fails to carry out any direction given as aforesaid, the Government may remove the Directors, including the Chairman with the exception of Directors elected under section 7(b) for reasons to be recorded in writing, and, notwithstanding anything in section 7, appoint persons in their place to be Directors temporarily until a fresh Board is constituted in accordance with the provisions of that section.", "name": "Management", "related_acts": "", "section_id": 6 }, { "act_id": 273, "details": "7. The Board of Directors shall consist of the following, namely:- (a)\tfour Directors to be appointed by the Government; and (b)\tnot more than three Directors to be elected in the prescribed manner by the shareholders of the Corporation other than the Government at any time being determined in accordance with the following table:- (c)\tThe Managing Director to be appointed by the Government under section 9: Provided that when the Board is first constituted the Directors referred to in clause (b) shall be appointed by the Government in accordance with the table given in the said clause from amongst the shareholders and shall, for the purpose of this Act, be deemed to be elected Directors. If the total number of shares subscribed to by the shareholders other than the Government is equal to or exceeds: The number of elected Directors shall be: 16-1/3 per centum of the total number of shares issued at the time. One. 32-2/3 per centum of the total number of shares issued at the time. Two. 49 per centum of the total number of shares issued at the time. Three. ┬á ┬á Provided that when the Board is first constituted the Directors referred to in clause (b) shall be appointed by the Government in accordance with the table given in the said clause from amongst the shareholders and shall, for the purpose of this Act, be deemed to be elected Directors.┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á", "name": "Board of Directors", "related_acts": "", "section_id": 7 }, { "act_id": 273, "details": "8. (1) A Director appointed by the Government shall hold office during the pleasure of the Government. (2) An elected Director shall hold office for a period of three years, shall continue in office after the expiry of his term until his successor is elected, and shall be eligible for re-election. (3) A casual vacancy in the office of the Director shall be filled by election or appointment, as the case may be, and the Director elected or appointed to fill the vacancy shall hold office for the unexpired period of the term of his predecessor: Provided that it shall not be necessary to fill a casual vacancy occurring within three months of the end of the term in which it occurs. (4) No act or proceeding of the Board shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the composition of, the Board.", "name": "Terms of office of Directors", "related_acts": "", "section_id": 8 }, { "act_id": 273, "details": "9. The Managing Director shall be appointed by the Government and shall - 5* * * (b)\tperform such duties as the Board may by regulations assign to him; (c)\tdivest himself of any directorship in any other corporation, company or concern; (d)\thold office, unless removed earlier by the Government, for a term of three years and shall be eligible for re-appointment for a further term or terms: Provided that any such further term may be for such period not exceeding three years as the Government may determine; and (e)\tbe entitled to receive such salary and allowances as the Government may determine.", "name": "Managing Director", "related_acts": "", "section_id": 9 }, { "act_id": 273, "details": "10.\t(1) The Executive Committee shall consist of three members, that is to say, the Managing Director (who shall be the Chairman of the Committee), one Director appointed by the Government from amongst the appointed Directors and one Director elected from amongst the elected Directors in the prescribed manner by the shareholders of the Corporation other than the Government: Provided that- (a)\tif there is only one elected Director at any time, he shall be deemed to have been elected as a member; (b)\tif there is no elected Director at any time, the membership reserved for elected Directors shall be filled, until such time as a Director is elected, by a Director appointed by the Government from amongst the appointed Directors. (2) An elected member shall hold office for three years and shall be eligible for re-election, but shall cease to hold office when he ceases to be an elected Director. (3) Subject to such general or special directions as may from time to time be given by the Board, the Executive Committee shall be competent to deal with any matter within the competence of the Board. (4) The minutes of every meeting of the Executive Committee shall be laid before the Board at its next following meeting.", "name": "Constitution and powers of the Executive Committee", "related_acts": "", "section_id": 10 }, { "act_id": 273, "details": "11. No person shall be or shall continue to be a Director who- (a)\tis a salaried official of the Corporation other than the Managing Director, or (b)\tis or at any time has been adjudicated insolvent, or (c) \tis found to be lunatic or of unsound mind, or (d)\tis or at any time has been convicted of an offence which in the opinion of the Government is an offence involving moral turpitude, or (e)\tis a minor.", "name": "Disqualification for the office of Director", "related_acts": "", "section_id": 11 }, { "act_id": 273, "details": "12. A person shall cease to be a Director if he absents from three consecutive meetings of the Board without leave of absence from the Chairman, or, in the case of the Chairman, from the Government.", "name": "Directors absent from three consecutive meetings", "related_acts": "", "section_id": 12 }, { "act_id": 273, "details": "13. The Corporation may, subject to such instructions as may be issued by the Government in this behalf, appoint or employ such persons, including advisers and consultants, as it considers necessary for the efficient performance of its functions.", "name": "Appointment of officers, advisers and consultants", "related_acts": "", "section_id": 13 }, { "act_id": 273, "details": "14. (1) The Government shall appoint one of the Directors other than the Managing Director to be the Chairman of the Board. (2) Subject to his continuing to hold office as a Director, the Chairman shall hold office as Chairman for a term of three years and thereafter until his successor is appointed and shall be eligible for re-appointment.", "name": "Chairman of the Board", "related_acts": "", "section_id": 14 }, { "act_id": 273, "details": "15. The Corporation shall appoint a Committee of experts to be called “The Technical Advisory Committee” to give it technical advice on schemes submitted to the Corporation for financial assistance or on any point that may be referred to the Committee by the Board.", "name": "Technical Advisory Committee", "related_acts": "", "section_id": 15 }, { "act_id": 273, "details": "16. No information given by a person applying for financial assistance and made known to the Committee shall be disclosed or used by any member of the Committee without the written consent of such person.", "name": "Restriction on disclosure of information", "related_acts": "", "section_id": 16 }, { "act_id": 273, "details": "17. (1) The meetings of the Board and the Executive Committee shall be held at such times and at such places as may be prescribed by rules: Provided that until rules are made in this behalf such meetings shall be convened by the Chairman of the Board or the Committee, as the case may be. (2) \tTo constitute a quorum at a meeting of- (a)\tthe Board, not less than three Directors shall be present; (b)\tthe Executive Committee, not less than two members shall be present. (3) At a meeting of the Board or of the Executive Committee, each Director or member of the Committee, as the case may be, shall have one vote, and in the event of equality of votes the Chairman shall have a casting vote. (4) No Director shall vote on any matter relating to an industrial concern in which he is directly or indirectly interested. (5) If for any reason the Chairman is unable to be present at a meeting- (a)\tof the Board, a Director other than the Managing Director authorised in writing by the Chairman shall preside at that meeting and in default of such authorisation the Directors present may elect a Chairman to preside at that meeting; (b)\tof the Executive Committee, a member authorised in writing by the Managing Director shall preside at that meeting and in default of such authorisation the members present may elect a Chairman to preside at that meeting.", "name": "Meetings of the Board and the Committee and quorum thereof", "related_acts": "", "section_id": 17 }, { "act_id": 273, "details": "18. Directors other than the Managing Director and not being servants of the Government shall be paid such fees for attending the meetings of the Board or the Executive Committee, if they are members of it, as may be prescribed by the Board.", "name": "Fees for attending meetings", "related_acts": "", "section_id": 18 }, { "act_id": 273, "details": "19. The Corporation shall establish its Head Office in 6Dhaka.", "name": "Offices", "related_acts": "", "section_id": 19 }, { "act_id": 273, "details": "20. The Corporation may open a deposit account with the 7Sonali Bank or with such other Scheduled Bank as the Government may approve.", "name": "Deposit accounts", "related_acts": "", "section_id": 20 }, { "act_id": 273, "details": "21. The Corporation may invest its funds in such securities or in such other manner as may be prescribed by rules.", "name": "Investment of funds", "related_acts": "", "section_id": 21 }, { "act_id": 273, "details": "22. (1) The Corporation, with the prior approval of the Government, may issue and sell bonds and debentures carrying interest at such rates as may be approved by the Government for the purpose of raising its working capital: Provided that the total of sums due on such bonds and debentures issued and outstanding and of the contingent liabilities of the Corporation in respect of guarantees or underwriting agreements shall not at any time exceed five times the combined amount of the paid-up share capital and the reserve fund of the Corporation. (2) The bonds and debentures of the Corporation shall be guaranteed by the Government as to the repayment of principal and payment of interest at such rate as may be fixed by the Government at the time when the bonds and debentures are issued.", "name": "Borrowing power", "related_acts": "", "section_id": 22 }, { "act_id": 273, "details": "23. The Corporation may accept deposits on such terms and conditions and to such extent as may be approved by the Government.", "name": "Deposits", "related_acts": "", "section_id": 23 }, { "act_id": 273, "details": "24. (1) The Corporation shall take such measures as it thinks fit to render assistance in the development of film industry. (2) In particular and without prejudice to the generality of the foregoing power, the Corporation may, in order to carry out the purposes of this Act,- (a)\tgive loans to persons or companies for producing motion pictures, and establishment and maintenance of studios; (b)\tgive loans to persons or corporations for setting up film studios; (c)\tset up studios itself and to make available the use of such studios on hire to film producers: Provided that the loans given or guaranteed under clauses (a) and (b) shall be repayable within a period not exceeding three years; (d)\tprepare and submit to the Government schemes for the development of film industry and small-scale industries, including schemes of research in connection thereto; (e)\timport cinematograph films and other necessary requisites for production or processing of films for distribution to film producers; (f)\tgive loans to motion picture exhibitors for purchase of projectors and ancillaries thereto. This shall not include loans for lands, construction of buildings and fittings and furnishings. Explanation.- Loans may be given by the Corporation in kind and may include letting of its studios on hire. 8(3) Nothing in section 116 of Companies Act, 1994 (Act 18 of 1994) shall apply to the Corporation.", "name": "Functions of the Corporation", "related_acts": "", "section_id": 24 }, { "act_id": 273, "details": "25. The Corporation shall not grant or make any such loan as is mentioned in clause (a) or clause (b) or clause (f) of sub-section (2) of section 24 to an extent which in the aggregate exceeds 10 per centum of the paid-up share capital: Provided that in individual cases the limit of ten per centum may be relaxed by the Government for special reasons on the recommendation of the Corporation, but in no case shall the amount of any loan exceed three lakhs of taka.", "name": "Limit of accommodation", "related_acts": "", "section_id": 25 }, { "act_id": 273, "details": "26. No loan shall be made unless it is fully secured by pledge, mortgage, hypothecation or assignment of such property, movable or immovable, and of such value in proportion to the loan as may be prescribed.", "name": "Security for loans", "related_acts": "", "section_id": 26 }, { "act_id": 273, "details": "27. The rate of interest chargeable on loans made by the Corporation shall be determined and notified by the Government from time to time.", "name": "Interest on loans", "related_acts": "", "section_id": 27 }, { "act_id": 273, "details": "28. The Corporation shall not make loans in excess of the following aggregate limits, namely:- (a)\twhen made to an individual -Tk 50,000. (b)\twhen made to a company - Tk 1,00,000: Provided that the above limits may be relaxed by the Government in special cases for special reasons on the recommendation of the Corporation subject to the limit prescribed in the proviso to section 25.", "name": "Limit of loans", "related_acts": "", "section_id": 28 }, { "act_id": 273, "details": "29. (1) At the time of entering into any transaction under section 24, the Corporation may impose such conditions as it may think necessary or expedient for protecting its own interest and for securing that the loan, underwriting or other aid shall be put to the best use. (2) Where aid is granted on the condition that a Director shall be appointed by the Corporation to the Board of a Company, such condition shall have effect notwithstanding anything contained in the 9Companies Act, 1994 (Act 18 of 1994), or any other law for the time being in force.", "name": "Power to impose conditions", "related_acts": "", "section_id": 29 }, { "act_id": 273, "details": "30. The Corporation shall not- (a)\taccept deposits except as provided in or under this Act; or (b)\tsubscribe directly to the shares or stock of any company having limited liability.", "name": "Prohibited business", "related_acts": "", "section_id": 30 }, { "act_id": 273, "details": "31. (1) For the purpose of granting a loan to an individual or a company in foreign currency, the Corporation may, with the previous consent of the Government 10* * *, borrow any such currency from the International Bank for Reconstruction and Development or from other sources, and may pledge, mortgage, hypothecate or assign to the said Bank or other lender all or any part of the security taken by the Corporation for the loan granted in foreign currencies. (2) All loans granted in foreign currency shall be repayable either- (a) \tin the currency in which they are granted, or (b)\tin 11Bangladesh currency at the rate of exchange prevailing on the date of repayment.", "name": "Loans in foreign currency", "related_acts": "", "section_id": 31 }, { "act_id": 273, "details": "32. (1) Notwithstanding anything in any agreement, if- (a) \tit is found that the loan was obtained by information supplied by the borrower which was false or misleading in any material particular; or (b)\tthe borrower is found to have committed a breach of the terms of his agreement with the Corporation relating to the loan; or (c)\tthe loan or any part of it is found to have been utilised otherwise than for the purpose for which it was made; or (d)\tthere is a reasonable apprehension that the borrower will be unable to pay his debts or may go into liquidation; or  (e)\tthe property pledged, mortgaged, hypothecated or assigned to the Corporation as security for the loan is not kept in a proper condition by the borrower or in case the property has depreciated in value by more than the prescribed percentage and the borrower is unable to give additional security to the satisfaction of the Corporation; or (f)\twithout the permission of the Board the house, land or other property mortgaged as security for the loan is in any way disposed of or charged by the borrower; or (g)\twithout the permission of the Board, machinery or other equipment is removed from the premises of the borrower's establishment without being replaced; or (h)\tfor any other reason, it is necessary in the opinion of the Board to do so in order to protect the interests of the Corporation; any officer of the Board authorised generally or specially in this behalf by the Board may by notice call upon the borrower to pay up the entire sum then remaining unpaid by the borrower in respect of the loan and the interest payable thereon, or any lesser sum, or require the borrower to comply with such directions as the Board may consider it necessary to give in order to safeguard its interest. (2) Such notice shall specify the time within which the borrower was required to make the payment or to carry out the directions given, and shall also contain a warning that, if the borrower fails to pay the amount demanded or to carry out the directions given within the time specified, the Board may issue a certificate certifying the borrower to be a defaulter and certifying the sum due from the borrower to be recoverable as arrears of land revenue.", "name": "Power to demand immediate payment of the entire sum", "related_acts": "", "section_id": 32 }, { "act_id": 273, "details": "33.\t(1) If the borrower fails to make the payment demanded or to carry out the directions given in a notice under section 32 within the time specified in the notice, the Board may issue a certificate in the prescribed form and manner certifying the borrower to be a defaulter and certifying the aggregate sum, including interest, payable by the borrower to the Corporation on and up to the date of the certificate and the rate at which interest was payable thereon thereafter. (2) Subject to the provisions of sub-section (3), a certificate issued under sub-section (1) shall be conclusive evidence that the sums certified in the certificate together with further interest at the rate certified were recoverable by the Corporation from the borrower, and such sums shall be immediately recoverable as arrears of land revenue. (3) The borrower may appeal to the Government against a certificate issued under sub-section (1) within 15 days of its issue and the Government may cancel or modify the certificate.", "name": "Certification of sums recoverable", "related_acts": "", "section_id": 33 }, { "act_id": 273, "details": "34.\t(1) When a certificate under section 33 has been issued and is subsisting against a borrower, any officer nominated for this purpose by the Corporation may file a suit by presenting a plaint in the prescribed manner in the Court within the local limits of whose jurisdiction the loan was made or the establishment or concern in respect of which the loan was made or any immovable property charged as security was situated for any one or more or all of the following reliefs, namely:- (a) \tan order for the recovery of the amount due to the Corporation executable personally against the borrower and by a sale of the properties pledged, mortgaged, hypothecated or assigned by the borrower as security for the loan; (b)\tan injunction restraining the borrower from in any manner removing, transferring or disposing of any of the properties referred to in clause (a); and (c)\tan ad interim attachment attaching the properties referred to in clause (a) above and such other properties of the borrower as in the opinion of the Court may be sufficient to cover the claim of the Corporation against the borrower. (2) The plaint under sub-section (1) shall be in the prescribed form and shall state the nature and extent of the liability of the borrower to the Corporation, the grounds upon which it is made and such other particulars as may be prescribed. (3) Save as otherwise provided by this section, the Code of the Civil Procedure, 1908, shall so far as may be applicable to the proceedings on such a plaint. (4) The borrower shall not appear to defend the suit unless he obtains leave from the Court as hereinafter provided so to appear and defend; and in default of his obtaining such leave or of his appearance and defence in pursuance thereof, the allegations in the plaint shall be deemed to be admitted and the Corporation shall be entitled to decree accordingly. (5) If the borrower discloses such facts upon affidavit or otherwise as in the opinion of the Court are sufficient to entitle him to appear and defend the suit, the Court shall grant him leave to appear and defend. Such leave may be granted unconditionally or subject to such terms as to payment into Court, giving security framing and recording of issues or otherwise as the Court thinks fit. (6) A decree passed under this section may be executed forthwith. (7) After the decree the Court may under special circumstances set aside the decree and, if necessary, stay or set aside execution and may give leave to the borrower to appear and defend the suit if it seems reasonable to the Court so to do, and on such terms as the Court thinks fit. (8) A decree passed under this section shall be appealable.", "name": "Special provisions for enforcement of the claims of the Corporation", "related_acts": "", "section_id": 34 }, { "act_id": 273, "details": "35. The Corporation shall be deemed to be a Bank for the purpose of the Banker's Book Evidence Act, 1891.", "name": "Act XVIII of 1891 to apply to the books of the Corporation", "related_acts": "", "section_id": 35 }, { "act_id": 273, "details": "36. After making provision for bad and doubtful debits, depreciation of assets and any other matters which are usually provided for by bankers, the Corporation shall, out of its net annual profit, establish a Reserve Fund and may declare a dividend. The rate of such dividend shall not exceed five per centum per annum.", "name": "Disposal of profit", "related_acts": "", "section_id": 36 }, { "act_id": 273, "details": "37. (1) A general meeting (hereinafter referred to as the annual general meeting) shall be held at the office of the Corporation annually within two months from the date on which the annual accounts of the Corporation are closed and a general meeting may be convened by the Board at any other time. (2) The shareholders present at the annual general meeting shall be entitled to discuss the annual accounts, the annual report of the Board on the working of the Corporation and the auditors' report on the annual balance sheet and accounts, and to express their views in the form of resolutions; and the Corporation shall consider such views and give such effect to them as it considers fit.", "name": "General meetings", "related_acts": "", "section_id": 37 }, { "act_id": 273, "details": "38.\t(1) The accounts of the Corporation shall be audited by not less than two auditors holding a certificate under 12section 212 of the Companies Act, 1994 (Act 18 of 1994), who shall be appointed by the Government on such remuneration as it may fix, and such remuneration shall be paid by the Corporation. (2) Every auditor appointed under sub-section (1) shall be given a copy of the annual balance sheet of the Corporation, and shall examine it together with the accounts and vouchers relating thereto, and shall have a list delivered to him of all books kept by the Corporation, and shall at all reasonable times have access to the books, accounts and other documents of the Corporation, and may in relation to such accounts examine any Director or Officer of the Corporation. (3) The auditors shall report to the shareholders upon the annual balance sheet and accounts and in their report they shall state whether in their opinion the balance sheet exhibits a true and correct view of the state of the Corporation's affairs according to the best of their information and the explanations given to them and as shown by the books of the Corporation, and whether in their opinion books of accounts have been kept by the Corporation in a proper manner and, in case they have called for any explanation or information from the Board, whether it has been given and whether it is satisfactory. (4) The Government may at any time issue directions to the auditors requiring them to report to it upon the adequacy of the measures taken by the Corporation for the protection of interests of its shareholders and creditors or upon the sufficiency of their procedure in auditing the affairs of the Corporation, and may at any time enlarge or extend the scope of the audit or direct that a different procedure in audit be adopted or that any other examination be made by the auditor if in its opinion the public interest so requires.", "name": "Audit", "related_acts": "", "section_id": 38 }, { "act_id": 273, "details": "39. (1) The Corporation shall furnish to all shareholders within ten days of the date to which the statement relates, a statement in the prescribed form of its assets and liabilities as they stand at the close of business on the last Thursday of each month, or if that day is a public holiday under the Negotiable Instruments Act, 1881, then as they stand at the close of business on the preceding working day. (2) The Corporation shall furnish in the prescribed form to the Government such returns and statements at such intervals as the Government may require from time to time. (3) The Corporation shall furnish to the Government within two months of the close of the financial year an audited statement in the prescribed form of its assets and liabilities as they stand at the close of that year together with a profit and loss account for the year and a report on the working of the Corporation during the year, and copies of the said statement, account and report shall be published in the official Gazette and shall be laid before 13Parliament.", "name": "Returns", "related_acts": "46", "section_id": 39 }, { "act_id": 273, "details": "40. No provision of law relating to the winding up of companies or corporations shall apply to the Corporation and the Corporation shall not be wound up save by order of the Government and in such manner as it may direct.", "name": "Liquidation of Corporation", "related_acts": "", "section_id": 40 }, { "act_id": 273, "details": "41. (1) Every Director shall be indemnified by the Corporation against all losses and expenses incurred by him in the discharge of his duties except such as are caused by his own wilful act or default. (2) A Director shall not be personally responsible for the acts of any other Director or of any officer or servant of the Corporation for any loss or expense resulting to the Corporation by reason of the insufficiency or deficiency in value of or title to any property or security acquired or taken on behalf of the Corporation or by the wrongful act of any person under a liability to the Corporation, or by anything done by him in good faith in the execution of the duties of his office.", "name": "Indemnity of Directors", "related_acts": "", "section_id": 41 }, { "act_id": 273, "details": "42.\tEvery Director, auditor, officer or servant of the Corporation shall, before entering upon his duties, make a declaration of fidelity and secrecy.", "name": "Declaration of fidelity and secrecy", "related_acts": "", "section_id": 42 }, { "act_id": 273, "details": "43.\tFor the purposes of the 14Income-tax Ordinance, 1984 (XXXVI of 1984), the Corporation shall be deemed to be a company within the meaning of that Act, and shall be liable to income-tax and super-tax accordingly on its income, profits and gains.", "name": "Provision relating to income-tax and super-tax", "related_acts": "672", "section_id": 43 }, { "act_id": 273, "details": "44.\t(1) Whoever wilfully makes a false statement or knowingly makes use of any false statement for the purpose of obtaining a loan from the Corporation or of inducing the Corporation to accept any security in any form or kind shall be punishable with imprisonment for a term which may extend to two years, or with a fine which may extend to two thousand taka, or with both. (2) Whoever being a member of the Board or of any Committee of the Corporation discloses or uses for a purpose not connected with the discharge of his duties as a member of the Board or of such Committee any information supplied to the Corporation or to the Board or to the Committee by a person applying for financial assistance 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. (3) No Court shall take cognizance of any offence punishable under this Act otherwise than on a complaint in writing signed by an officer of the Corporation authorised by the Board in this behalf.", "name": "Offences", "related_acts": "", "section_id": 44 }, { "act_id": 273, "details": "45.\tThe Government may make rules not inconsistent with this Act for the purpose of giving effect to the provisions of this Act, and where the regulations framed under the next succeeding section are inconsistent with the rules, the rules shall prevail.", "name": "Power of Government to make rules", "related_acts": "", "section_id": 45 }, { "act_id": 273, "details": "46.\t(1) The Board may, with the previous sanction of the Government, make regulations not inconsistent with this Act or the rules made under this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such regulations may provide for- (a) \tthe holding and conduct of elections under this Act including the final decision of doubts or disputes regarding the validity of elections; (b) \tthe manner in which and the conditions subject to which the first allotment of the shares of the Corporation shall be made; (c) \tthe manner in which and the conditions subject to which the shares of the Corporation may be held and transferred and generally all matters relating to the rights and duties of the shareholders; (d)\tthe manner in which the general meeting shall be convened, the procedure to be followed thereat, and the manner in which the right to vote may be exercised; (e)\tthe calling of the meetings of the Board and of the Executive Committee, fees for attending the meeting thereof and the conduct of business thereat; (f)\tthe manner and terms of issue and redemption of bonds and debentures by the Corporation; (g)\tthe conditions subject to which the Corporation may grant loans; (h)\tthe form and manner of determining the sufficiency of the security taken under section 26; (i) \tthe manner in which and the conditions subject to which the Corporation may borrow in foreign currency from foreign lenders; (j) \tthe form of returns and statements required under this Act; (k)\tthe terms and conditions of service, duties and conduct of officers and servants and agents of the Corporation; (l) \tthe disclosure of interest, direct or indirect, of a Director of the Board in any application for loan; (m)\tthe taking over of, and the management of the business of a subsidiary corporation or a company or co-operative society committing a breach of its agreement with the Corporation; (n)\tthe preparation of annual estimates of income and expenditure of the Corporation in the prescribed form and their submission to the Board and the Government for approval on prescribed dates; and (o)\tthe efficient conduct of the affairs of the Corporation generally. (3) All regulations made under this section shall be published in the official Gazette, and shall come into force on such publication.", "name": "Power of the Board to make regulations", "related_acts": "", "section_id": 46 } ], "text": "An Act to establish a Corporation for the purpose of promoting the development of film industry in Bangladesh.1♣ Whereas it is expedient to establish a Corporation for the purpose of promoting the development of film industry in Bangladesh; It is hereby enacted as follows:-" }

{ "id": 274, "lower_text": [ "1 The words “small and cottage industries in Bangladesh” were substituted for the words “small and cottage industries in East Pakistan” by Article 2 of the Small Industries Corporation (Amendment) Order, 1972 (President’s Order No. 156 of 1972)", "2 Sub-section (1) was substituted by Article 3 of the Small Industries Corporation (Second Amendment) Order, 1972 (President’s Order No. 156 of 1972)", "3 The word “Bangladesh” was substituted for the words “East Pakistan” by section 3 of the Bangladesh Small Industries Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIV of 1976)", "4 Clause (bb) was inserted by section 2 of the East Pakistan Small Industries Corporation (Second Amendment) Ordinance, 1970 (East Pakistan Ordinance No. XVII of 1970)", "5 Clause (cc) was substituted by section 2 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990)", "6 Clause (d) was omitted by section 4 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1975 (Act No. XXIII of 1975)", "7 Clause (dd) was inserted by section 2 of the East Pakistan Small Industries Corporation (Second Amendment) Ordinance, 1970 (East Pakistan Ordinance No. XVII of 1970)", "8 The words, brackets, figures and comma “clause (1) of Article 37 of the Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972)” were substituted for the words, brackets, figures and comma “sub-section (1) of section 37 of the State Bank of Pakistan Act, 1956” by section 4 of the Bangladesh Small Industries Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIV of 1976)", "9 Clause (g) was substituted by section 4 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1975 (Act No. XXIII of 1975)", "10 The word “excluding” was substituted for the word “including” by section 2 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990)", "11 Clause (h) was omitted by section 4 of the Bangladesh Small Industries Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIV of 1976)", "12 The word “Taka” was substituted for the word “Rs” by section 5 of the Bangladesh Small Industries Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIV of 1976)", "13 Section 7 was substituted by section 4 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990)", "14 The words “the Republic” were substituted for the word “Pakistan” by section 8 of the Bangladesh Small Industries Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIV of 1976)", "15 Sub-section (2) was substituted by section 6 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990)", "16 The commas and words “, with prior approval of the Government,” were omitted by section 7 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990)", "17 Sub-section (1) was substituted by section 6 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1975 (Act No. XXIII of 1975)", "18 Sub-section (3) was added by section 8 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990)", "19 Sections 24A and 24AA were substituted for section 24A by section 10 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990)", "20 The words “Corporation shall implement industrial policy of the Government in respect of small and cottage industries and” were substituted for the words “Corporation shall” by section 9 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990)", "21 The words “small and cottage industries” were substituted for the words “cottage and small industries in East Pakistan” by Article 2 of the Small Industries Corporation (Amendment) Order, 1972 (President’s Order No. 156 of 1972)", "22 The semi-colon (;) was substituted for the full stop (.) and clauses (g) to (o) were added by section 9 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990)", "23 Sub-section (3) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act VIII of 1973)", "24 The figures, brackets, letter, words and comma “2(j) of the Financial Institutions Act, 1993 (Act 27 of 1993)” were substituted for the words, figures, brackets, letter and comma by “section 50(c) of the Bangladesh Bank Order, 1972 (President’s Order No. 127 of 1972)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act VIII of 1973)", "25 Section 26A was inserted by section 12 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990)", "26 The words, comma, figures and brackets “Companies Act, 1994 (Act 18 of 1994)” were substituted for the words, comma, figures and brackets “Companies Act, 1913 (VII of 1913)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "27 The words “and the Government of Pakistan” were omitted by section 9 of the Bangladesh Small Industries Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIV of 1976)", "28 Section 34 was substituted by Article 2 of the Small Industries Corporation (Amendment) Order, 1972 (President’s Order. No. 109 of 1972)", "29 The words “High Court Division” were substituted for the words “High Court” by section 10 of the Bangladesh Small Industries Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIV of 1976)", "30 The words “High Court Division” were substituted for the words “High Court” by section 10 of the Bangladesh Small Industries Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIV of 1976)", "31 The words, commas and figure “Bangladesh Chartered Accountants Order, 1973,” were substituted for the words, commas and figure “Chartered Accountants Ordinance, 1961,” by section 11 of the Bangladesh Small Industries Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIV of 1976)", "32 The word “Parliament” was substituted for the words “Provincial Legislature” by Article 6 of the Small and Industries Corporation (Second Amendment) Order, 1972 (President’s Order No. 156 of 1972)", "33 The word “employee” was substituted for the word “servant” by section 15 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990)", "34 The word “employee” was substituted for the word “servant” by section 16 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990)", "35 Section 42A was inserted by section 9 of the East Pakistan Small Industries Corporation (Amendment) Ordinance, 1970 (East Pakistan Ordinance No. III of 1970)", "36 The word “Pakistan” was omitted by section 12 of the Bangladesh Small Industries Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIV of 1976)", "37 The words, comma, figures and brackets “Income-tax Ordinance, 1984 (XXXVI of 1984)” were substituted for the words, comma, figures and brackets “Income-Tax Act, 1922 (XI of 1922)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act VIII of 1973)", "38 The words “twenty thousand taka” were substituted for the words “two thousand taka” by section 17 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990)", "39 The words “ten thousand taka” were substituted for the words “one thousand taka” by section 17 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990)", "40 Clause (a) was omitted by section 13 of the Bangladesh Small Industries Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIV of 1976)", "41 The words “and of the Executive Committee” were omitted by section 13 of the Bangladesh Small Industries Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIV of 1976)" ], "name": "The Bangladesh Small and Cottage Industries Corporation Act, 1957", "num_of_sections": 50, "published_date": "21st May, 1957", "related_act": [ 672, 46, 47, 430, 274, 306, 86, 415 ], "repelled": true, "sections": [ { "act_id": 274, "details": "1. 2(1) This Act may be called the Bangladesh Small and Cottage Industries Corporation Act, 1957. (2) It extends to the whole of 3Bangladesh. (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": "274", "section_id": 1 }, { "act_id": 274, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) “Board” means the Board of Directors of the Corporation;  (b) “borrower” means any person or persons or body of persons, whether incorporated or not, to whom a loan is made by the Corporation under this Act and the successors and assignees of such person or persons; 4(bb) 'Chairman' means the Chairman of the Board; (c) “Corporation” means the Small and Cottage Industries Corporation established by this Act; 5(cc) “cottage industry” means an Industry which is carried on primarily with the help of the members of a family either as a whole time or part time occupation and the total investment of which does not exceed such amount as the Government may, by notification in the official Gazette, fix but shall not include a factory under the Factories Act, 1965 (E. P. Act IV of 1965); 6* * * 7(dd) 'Director' means the Director of the Board; (e) “prescribed” means prescribed by the rules or regulations made under this Act; (f) “scheduled bank” means a bank for the time being included in the list of banks maintained under 8clause (1) of Article 37 of the Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972).  9(g) 'small industry' means an industrial unit which is a factory as defined in clause (f) of section 2 of the Factories Act, 1965 (E.P. Act IV of 1965), and the total investment in fixed assets 10excluding value of land of which does not exceed such amount as the Government may, by notification in the official Gazette, fix and such notification may be given retrospective effect; 11* * * and (i) “subsidiary corporation” means a corporation sponsored by the Small and Cottage Industries Corporation for the furtherance of its objectives, but operating in a specified area or areas or in respect of one or more specified industry.", "name": "Interpretation", "related_acts": "415", "section_id": 2 }, { "act_id": 274, "details": "3. (1) A Corporation to be called “the Small and Cottage Industries Corporation” shall be established as soon as may be after the commencement of this Act. (2) The Corporation shall be a body corporate by the name of the Small and Cottage Industries Corporation, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire and hold property, both movable and immovable, and shall by the said name sue and be sued.", "name": "Establishment and incorporation of Corporation", "related_acts": "", "section_id": 3 }, { "act_id": 274, "details": "4. (1) The authorised capital of the Corporation shall, in the first instance, be one crore of Taka, divided into one lakh fully paid up shares of 12Taka 100 each. These shares may be issued and allotted by the Corporation from time to time with the previous sanction of the Government. (2) The authorised capital may, with the previous approval of the Government, be increased from time to time by the Corporation. (3) The Government shall be a share-holder of the Corporation and shall subscribe to and hold not less than fifty-one per centum of the shares issued by the Corporation at any time; the remaining shares shall be reserved for public subscriptions.", "name": "Share capital and shareholders", "related_acts": "", "section_id": 4 }, { "act_id": 274, "details": "5. (1) The amount subscribed on the shares of the Corporation and a minimum annual dividend thereon shall be guaranteed by the Government. Before the issue of any shares of the Corporation, the Government shall by notification in the official Gazette fix the minimum rates of dividend payable on the shares, and the Corporation shall annually and regularly pay to the share-holders a dividend not less than that fixed by the Government. If at any time the Corporation is wound up, an amount not less than that subscribed on each share shall be payable to the share-holder. (2) The shares and debentures of the Corporation shall be deemed to be “approved securities” for purposes of the Trusts Act, 1882.", "name": "Guarantee by Government", "related_acts": "47", "section_id": 5 }, { "act_id": 274, "details": "6. (1) The general direction and administration of the Corporation and its affairs shall vest in a Board of Directors which, may exercise all powers and do all acts and things which may be exercised or done by the Corporation. (2) The Board in discharging its functions shall act on commercial considerations and shall be guided on questions of policy by such directions as the Government, which shall be the sole judge whether a question is a question of policy, may give it. (3) Omitted by section 3 of the Bangladesh Small Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990).", "name": "Management", "related_acts": "", "section_id": 6 }, { "act_id": 274, "details": "137. The Board shall consist of seven Directors to be appointed by the Government.", "name": "Composition of Board", "related_acts": "", "section_id": 7 }, { "act_id": 274, "details": "8. Each Director shall- (a) \tbe a whole time officer of the Corporation; (b)\tperform such duties as the Board may, by regulations, assign to him; (c)\tdivest himself of any directorship or other interest held by him in any other corporation, company, or concern other than public companies sponsored by the Corporation before assuming office as Director; (d)\tsubject to the provision of section 11, hold office for a term of three years and may be re-appointed for a further term or terms of such duration as the Government may determine; and (e)\treceive such salary and allowances as the Government may determine.", "name": "Term of office of Directors", "related_acts": "", "section_id": 8 }, { "act_id": 274, "details": "9. (1) The Government shall appoint one of the Directors to be the Chairman of the Board, who shall be the chief executive of the Corporation. (2) Subject to his continuing to hold office as a Director, the Chairman shall hold office as Chairman for a term of three years and, subject as aforesaid, shall remain in office as Chairman thereafter until his successor in that office is appointed and may, subject as aforesaid, be appointed to hold that office for a further term or terms as the Government may determine. (3) Omitted by section 7 of the Bangladesh Small Industries Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIV of 1976).", "name": "Chairman", "related_acts": "", "section_id": 9 }, { "act_id": 274, "details": "10. The Government shall appoint one of the Directors to be the Finance Director, who shall exercise such powers and discharge such duties as may be prescribed by rules.", "name": "Finance Director", "related_acts": "", "section_id": 10 }, { "act_id": 274, "details": "11. (1) No person shall be or shall continue to be Director who- (a)\tis or at any time has been convicted of an offence involving moral turpitude; or (b)\tis or at any time has been adjudicated insolvent; or (c) \tis found to be lunatic or becomes of unsound mind; or (d) \tis or at any time has been disqualified for employment in, or dismissed from, the service of 14the Republic; or (e) \tis a minor. (2) The Government may, by order in writing, remove the Chairman or a Director if he- (a) \trefuses or fails to discharge or becomes, in the opinion of the Government, incapable of discharging his responsibilities under this Act; or (b)\thas, in the opinion of the Government, abused his position as Chairman or Director; or (c)\thas knowingly acquired or continued to hold, without the permission in writing, of the Government, directly or indirectly, or through a partner, any share or interest in any contract or employment with, by or on behalf of the Corporation, or in any property which, in his knowledge, is likely to benefit or has benefited as a result of the operations of the Corporation; or (d)\thas absented himself from three consecutive meetings of the Board without the leave of the Government, in the case of the Chairman, or of the Chairman, in the case of the Director.", "name": "Disqualification of Directors", "related_acts": "", "section_id": 11 }, { "act_id": 274, "details": "12. No act or proceeding or the Board shall be invalid by reason only of the existence of any vacancy in, or any defect in the constitution of, the Board.", "name": "Vacancies etc. not to invalidate act or proceeding of the Board", "related_acts": "", "section_id": 12 }, { "act_id": 274, "details": "13. (1) Subject to such conditions as may be prescribed by rules, the Corporation may appoint or employ such persons, including consultants and advisers, as it considers necessary for the efficient performance of its functions. (2) and (3) Omitted by section 5 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990).", "name": "Appointment of officers, etc.", "related_acts": "", "section_id": 13 }, { "act_id": 274, "details": "14. Chairman of the Board.- Omitted by section 11 of the East Pakistan Small Industries Corporation (Second Amendment) Ordinance, 1970 (East Pakistan Ordinance No. XVII of 1970).", "name": "Omitted.", "related_acts": "", "section_id": 14 }, { "act_id": 274, "details": "15. The Corporation may appoint a Committee of experts to be called “the Technical Advisory Committee” to give it technical advice on schemes submitted to the Corporation for financial assistance or on any point that may be referred to the Committee by the Board.", "name": "Technical Advisory Committee", "related_acts": "", "section_id": 15 }, { "act_id": 274, "details": "16. No information given by a person applying for financial assistance and made known to the Committee shall be disclosed or used by any member of the Committee without the written consent of such person.", "name": "Restriction on disclosure of information", "related_acts": "", "section_id": 16 }, { "act_id": 274, "details": "17. (1) The meetings of the Board shall be held at such times and at such places as may be prescribed by regulations: Provided that at least one meeting shall be held in a month: Provided further that until such regulations are made in this behalf, such meetings shall be held at such times and at such places as may be determined by the Chairman. 15(2) The number of Directors necessary for a quorum for transacting business at a meeting of the Board shall be three. (3) Each Director, including the Chairman, shall have one vote but, in the event of an equality of votes, the Chairman shall have a second or casting vote. (4) The meetings of the Board shall be presided over by the Chairman, and, in his absence, by a Director authorised by him in this behalf, and, in default of such authorisation, by a person elected for the purpose by the Directors present from among themselves. (5) The minutes of every meeting, stating among other things, the names of the Directors present, shall be drawn up and recorded in a book to be kept for the purpose, and shall be signed by the person presiding at the meeting, and such book shall, at all reasonable times and without charge, be open to inspection of any Director.", "name": "Meeting of the Board", "related_acts": "", "section_id": 17 }, { "act_id": 274, "details": "18. Fees for attending meetings.- Omitted by section 13 of the East Pakistan Small Industries Corporation (Second Amendment) Ordinance, 1970 (East Pakistan Ordinance No. XVII of 1970).", "name": "Omitted.", "related_acts": "", "section_id": 18 }, { "act_id": 274, "details": "19. The Corporation shall establish its Head Office in Dhaka.", "name": "Offices", "related_acts": "", "section_id": 19 }, { "act_id": 274, "details": "20. The Corporation may 16* * * open a deposit account with any approved Schedule Bank.", "name": "Deposit accounts", "related_acts": "", "section_id": 20 }, { "act_id": 274, "details": "21. The Corporation may invest its funds in such securities or in such other manner as may be prescribed by rules.", "name": "Investment of funds", "related_acts": "", "section_id": 21 }, { "act_id": 274, "details": "22. 17(1) The Corporation may, with the previous approval of the Government, issue and sell bonds and debentures carrying interest at such rate as may be approved by the Government for the purpose of raising its working capital: Provided that the total of the sums due on such bonds and debentures issued and outstanding and of the contingent liabilities of the Corporation in respect of guarantees or underwriting agreements shall not at any time exceed Taka Twenty-five crore or such higher amount as the Government may, by notification in the official Gazette, fix. (2) The bonds and debentures of the Corporation shall be guaranteed by the Government as to the repayment of principal and payment of interest at such rate as may be fixed by the Government at the time when the bonds and debentures are issued. 18(3) The Corporation may, with the prior approval of the Government, borrow money for carrying out the purposes of this Act.", "name": "Borrowing power", "related_acts": "", "section_id": 22 }, { "act_id": 274, "details": "23. The Corporation may accept deposits on such terms and conditions and to such extent as may be approved by the Government.", "name": "Deposits", "related_acts": "", "section_id": 23 }, { "act_id": 274, "details": "1924A. (1) Any person who has set up a small or cottage industry or intends to set up such industry and desires to have assistance and help from the Corporation shall apply to it, in such manner as may be prescribed by regulations, for registration of such industry. (2) An application for registration shall be allowed and the industry shall be registered if the Corporation is satisfied that the applicant has fulfilled all the conditions required for registration as may be prescribed by regulations. (3) On the registration of an industry, the Corporation shall grant a certificate of registration to the applicant. (4) The registration of an industry may be cancelled by the Corporation if it is satisfied that the industry for which the registration was granted has ceased to exist or, as the case may be, has not been set up within the period of one year from the date of its registration. (5) The Corporation shall, on an application made by an industry registered under this section, give its decisions on all or any of the following matters, namely:- (a)\trequirement of machinery, spare parts, components and raw materials; (b)\timport entitlement in respect of machinery, spare parts, components and raw materials; (c)\tterms and conditions of suppliers credits; (d)\tterms and conditions of royalties, technical know-how and technical assistance fees; (e)\tappointment of foreign personnel; (f) \tallotment of land in the Corporation's estate. (6) The Corporation shall, on an application made by an industry registered under this section, endeavour to facilitate the supply of electricity, water and gas and the providing of sewerage and telephone facilities within such time as may be agreed upon between the Corporation and the authorities or organizations concerned therewith.", "name": "Registration of small and cottage industries, etc.", "related_acts": "", "section_id": 24 }, { "act_id": 274, "details": "24. (1) The 20Corporation shall implement industrial policy of the Government in respect of small and cottage industries and take such measures as it thinks fit to render assistance in the development of 21small and cottage industries. (2) In particular and without prejudice to the generality of the foregoing power, the Corporation may, in order to carry out the purposes of this Act,- (a) \tgive loans to small and cottage industries; (b)\tgive loans to subsidiary corporations and commercial and co-operative banks and societies for the development of small and cottage industries: Provided that the loans given or guaranteed under clauses (a) and (b) shall be repayable within a period not exceeding twenty years;  (c) (i) \tprepare and submit to the Government schemes for the development of small and cottage industries, including schemes of research and mechanisation; (ii)\tafter these schemes have been approved by the Government, proceed to give effect to them by itself or by sponsoring subsidiary corporations or public companies; (iii)\tact as managing agents of such subsidiary corporations or companies, being in any case, represented on their Board of Directors; (iv)\tissue the capital required by the aforesaid subsidiary corporations and companies for public subscription; (v)\tif any portion of such capital remains unsubscribed for a period of four months from the date of issue, subscribe to such portion; (vi)\tunderwrite the whole or any portion of the share capital so issued; and (vii)\tsell or transfer the shares subscribed to under sub-clause (v); provided that no such sale or transfer shall take place at a rate below the market quotation or below the par value of such shares without the previous sanction of the Government; (d)\tarrange for the marketing of articles manufactured by small and cottage industries; (e)\tmaintain depots for the supply of raw materials to and purchase of finished products from small and cottage industries and also maintain common facility centres to afford common facilities to small and cottage industries; and (f)\tprepare schemes to set up small industrial units in fields of high priority by itself or in collaboration with subsidiary corporations, public companies, partnership or persons execute them with the prior approval of the Government, and, after execution may transfer the ownership thereof for valuable consideration to any unit of subsidiary corporation, public company, partnership firm or persons, with the prior approval of, and on such terms as may be approved by the Government. Explanation.- Loans may by made by the Corporation in kind and may be in the form of factory buildings, residential houses or machinery equipment and raw materials on hire purchase basis 22; (g)\tprepare and implement investment schedules for small and cottage industries; (h)\tassist in setting up of small and cottage industries; (i)\tprovide assistance to sick small and cottage industries; (j) \tregister shall and cottage industries; (k)\tcollect, collate and analyse industrial date and establish date bank for small and cottage industries to assist the Government in the formulation of policy in the field of small and cottage industries; (l)\tassist entrepreneurs with information relating to small and cottage industries; (m)\tdevelop manufacturing process and technology for development of small and cottage industries; (n)\tassist small and cottage industries in the matter of entering into contract and establishing business connections with medium and big industries for the purpose of supplying to them their products; (o)\tdo such other acts and things as may be considered necessary for carrying out the purposes of this Act. 23(3) Nothing in section 116 of the Companies Act, 1994 (Act 18 of 1994) shall apply to the Corporation.", "name": "Functions of the Corporation", "related_acts": "", "section_id": 25 }, { "act_id": 274, "details": "24AA. The Corporation may enter into agreement with a financial institution in order that the latter may provide credit facilities to the small and cottage industries against adequate security subject to the condition that the losses and bad debts, if any, and the interest on the credit would be shared between the Corporation and the financial institution in the ratio agreed upon between them. Explanation.- In this section, “financial institution” means the Bangladesh Bank, Bangladesh Shilpa Bank, Bangladesh Shilpa Rin Sangstha, Bangladesh Krishi Bank, Rajshahi Krishi Unnayan Bank, any scheduled bank and a financial institution as defined in 242(j) of the Financial Institutions Act, 1993 (Act 27 of 1993).", "name": "Power of the Corporation to enter into agreements with financial institutions", "related_acts": "", "section_id": 26 }, { "act_id": 274, "details": "25. Limit of accommodation.- Omitted by section 11 of the Bangladesh Small Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990).", "name": "Omitted.", "related_acts": "", "section_id": 27 }, { "act_id": 274, "details": "26. No loan or subscription shall be made unless it is fully secured by pledge, mortgage, hypothecation or assignment of such property, movable or immovable, and of such value in proportion to the loan or subscription as may be prescribed: Provided that where the loan or subscription is made to an individual and does not exceed one thousand Taka in the aggregate, it may be secured by a bond with one surety.", "name": "Security for loans or subscriptions", "related_acts": "", "section_id": 28 }, { "act_id": 274, "details": "2526A. Notwithstanding anything contained in any other law for the time being in force, the Government may, by notification in the official Gazette, exempt the Corporation in respect of any estate established by it or any small or cottage industry registered under this Act from payment of any tax, rate or toll payable under any law for the time being in force: Provided that no such exemption shall be granted unless the proposal for exemption is made by the Corporation.", "name": "Exemption from taxes", "related_acts": "", "section_id": 29 }, { "act_id": 274, "details": "27. The rate of interest chargeable on loans made by the Corporation shall be determined and notified by the Government from time to time.", "name": "Interest on loans", "related_acts": "", "section_id": 30 }, { "act_id": 274, "details": "28. Limits of loans.- Omitted by section 13 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990).", "name": "Omitted.", "related_acts": "", "section_id": 31 }, { "act_id": 274, "details": "29. (1) At the time of entering into any transaction under section 24, the Corporation may impose such conditions as it may think necessary or expedient for protecting its own interest and for securing that the loan, underwriting, subscription or other aid shall be put to the best use. (2) Where aid is granted on the condition that a Director shall be appointed by the Corporation to the Board of a Company or a subsidiary Corporation or the Managing Committee of a Co-operative Society, such condition shall have effect notwithstanding anything contained in the 26Companies Act, 1994 (Act 18 of 1994), or any other law for the time being in force.", "name": "Power to impose conditions", "related_acts": "", "section_id": 32 }, { "act_id": 274, "details": "30. The Corporation shall not - (a)\taccept deposits except as provided in or under this Act; or (b) \tsubscribe directly to the shares or stock of any company having limited liability except with the previous permission of the Government.", "name": "Prohibited business", "related_acts": "", "section_id": 33 }, { "act_id": 274, "details": "31. (1) For the purpose of granting a loan to any person in foreign currency, the Corporation may, with the previous consent of the Government 27* * *, borrow any such currency from the International Bank for Reconstruction and Development or Asian Development Bank or International Development Agency or from other sources, and may pledge, mortgage, hypothecate or assign to the said Bank or Agency or other lender all or any part of the security taken by the Corporation for the loan granted in foreign currency. (2) Omitted by section 14 of the Bangladesh Small and Cottage Industries Corporation (Amendment) Act, 1990 (Act No. LVII of 1990).", "name": "Loans in foreign currency", "related_acts": "", "section_id": 34 }, { "act_id": 274, "details": "32. (1) Notwithstanding anything in any agreement, if- (a) \tit is found that the loan was obtained by information supplied by the borrower which was false or misleading in any material particular; or (b) \tthe borrower is found to have committed a breach of the terms of his agreement with the Corporation relating to the loan; or (c)\tthe loan or any part of it is found to have been utilised otherwise than for the purpose for which it was made; or (d)\tthere is a reasonable apprehension that the borrower will be unable to pay his debts or may go into liquidation; or (e)\tthe property pledged, mortgaged, hypothecated or assigned to the Corporation as security for the loan is not kept in a proper condition by the borrower or the property has depreciated in value by more than the prescribed percentage and the borrower is unable to give additional security to the satisfaction of the Corporation; or (f)\twithout the permission of the Board the house, land or other property mortgaged as security for the loan is in any way disposed of or charged by the borrower; or (g)\twithout the permission of the Board, machinery or other equipment is removed from the premises of the borrower's industrial establishment without being replaced; or (h)\tfor any other reason, it is necessary in the opinion of the Board to do so in order to protect the interest of the Corporation; any officer of the Board authorised generally or specially in this behalf by the Board may by notice call upon the borrower to pay up the entire sum then remaining unpaid by the borrower in respect of the loan and the interest payable thereon, or any lesser sum, or require the borrower to comply with such directions as the Board may consider it necessary to give in order to safeguard its interest. (2) Such notice shall specify the time within which the borrower was required to make the payment or to carry out the directions given, and shall also contain a warning that, if the borrower fails to pay the amount demanded or to carry out the directions given within the time specified, the Board may issue a certificate certifying the borrower to be a defaulter and certifying the sum due from the borrower to be recoverable as arrears of land revenue.", "name": "Power to demand immediate payment of the entire sum", "related_acts": "", "section_id": 35 }, { "act_id": 274, "details": "33. (1) If the borrower fails to make the payment demanded or to carry out the directions given in a notice under section 32 within the time specified in the notice, the Board may issue a certificate in the prescribed form and manner certifying the borrower to be a defaulter and certifying the aggregate sum, including interest, payable by the borrower to the Corporation on and up to the date of the certificate and the rate at which interest was payable thereon thereafter. (2) Subject to the provisions of sub-section (3), a certificate issued under sub-section (1) shall be conclusive evidence that the sums certified in the certificate together with further interest at the rate certified were recoverable by the Corporation from the borrower, and such sums shall be immediately recoverable as arrears of land revenue. (3) The borrower may appeal to the Government against a certificate issued under sub-section (1) within 15 days of its issue and the Government may cancel or modify the certificate.", "name": "Certification of sums recoverable", "related_acts": "", "section_id": 36 }, { "act_id": 274, "details": "2834. (1) Notwithstanding anything contained in any other law for the time being in force or any agreement to the contrary, where the Corporation becomes entitled to require the immediate payment of any loan before the due date by reason of the breach of any condition of any agreement between the Corporation and a borrower, or any borrower liable for payment of that loan fails to repay the loan by the due date, or a certificate under section 33 has been issued and is subsisting against a borrower, an officer of the Corporation, generally or specially authorised by the Corporation in this behalf, may, with a court fee of one taka, apply to the District Judge within the local limits of whose jurisdiction the borrower's house or the industrial concern in respect of which the loan was made or any immovable or movable property charged as security is situated, or the office of the Corporation from which the loan was disbursed or any branch office of the Corporation is situated, for one or more of the following reliefs, namely:- (a)\tan order for the sale of the property pledged, mortgaged, hypothecated or assigned to the Corporation as security for the loan and such other property of the borrower or his surety or both as in the opinion of the Corporation may be sufficient to cover the claim of the Corporation against the borrower; or (b)\ttransfer of the management of the concern to the Corporation; or (c)\tan ad interim injunction restraining the borrower or his surety or both from removing, transferring or disposing of any of the properties referred to in clause (a). (2) An application under sub-section (1) shall state the nature and extent of the liability of the borrower to the Corporation, the ground on which it is made and such other particulars as may be prescribed. (3) When the application is for the relief mentioned in clause (a) or clause (c) of sub-section (1), the District Judge shall pass an ad interim order attaching the property referred to in clause (a) as aforesaid or such other property of the borrower or of the persons liable for payment of the loan or of both as is likely in the opinion of the District Judge, would be sufficient to meet the dues of the Corporation together with the costs of the proceedings taken under this section, with or without an injunction ad interim restraining the borrower or as the case may be, his surety or both from transferring, removing or disposing of any of the properties without the consent of the Corporation. (4) Where the application is for relief mentioned in clause (b) of sub-section (1), the District Judge shall grant an ad interim injunction restraining the borrower or as the case may be, his surety or both from transferring, removing or disposing any of the properties and shall issue a notice calling upon the borrower or as the case may be upon the surety or both into show-cause, on a date to be specified in the notice why the management of the concern should not be transferred to the Corporation. (5) Before passing any order under sub-section (3), or sub-section (4), the District Judge may, if he thinks fit, examine the person making the application. (6) At the time of passing an order under sub-section (3), the District Judge shall issue to the borrower or as the case may be, his surety or both, a notice accompanied by a copy of the order, the application and evidence, if any, recorder at the time of the order under sub-section (3), calling upon the borrower and his surety to show-cause on a date to be specified in the notice, why the order of ad interim attachment should not be made absolute or the injunction be not confirmed. (7) If no cause is shown on or before the date specified in the notice under sub-section (4) or sub-section (6), the District Judge shall forthwith make an order directing transfer of the management of the concern to the Corporation, or sale of the property attached under sub-section (3), or confirm the interim Orders. (8) If cause is shown, the District Judge shall proceed to investigate the claim of the Corporation and the provisions of the Code of Civil Procedure, 1908, shall, as far as practicable, apply to such proceedings. (9) On completing an investigation under sub-section (8) the District Judge shall pass an order- (a) \tConfirming the order of attachment or directing the sale of the attached property, or (b)\tvarying the order of attachment so as to release a portion of the property from attachment and directing the sale of the remainder of the attached property, or (c) \treleasing the property from attachment, if he is satisfied that it is not necessary in the interest of the Corporation to retain it under attachment, or (d) \tconfirming or vacating the order of injunction, or (e) \ttransferring or refusing to transfer to management of the concern to the Corporation: Provided that when making any order under clause (c), the District Judge may make such further orders as he thinks necessary to protect the interests of the Corporation and may apportion the cost of the proceedings in such manner as he thinks fit: Provided further that unless the Corporation intimates to the District Judge that it will not appeal against any order releasing any property from attachment such order shall not be executed until the expiry of the period mentioned in sub-section (11) or if an appeal is preferred, unless the 29High Court Division otherwise directs, until the appeal is disposed of. (10) An order under this section for the attachment or sale of property shall be carried into effect as far as may be in the manner provided in the Code of Civil Procedure, 1908, for the attachment or sale of property in execution of a decree as if the Corporation were the decree-holder. (11) Any party aggrieved by an order under sub-section (7) or sub-section (9) may, within sixty days from the date of the order, appeal to 30High Court Division and upon such appeal the appellate court may, after hearing the parties, pass such orders as it thinks proper.", "name": "Special Provisions for enforcement of claims of the Corporation", "related_acts": "86,86", "section_id": 37 }, { "act_id": 274, "details": "35. The Corporation shall be deemed to be a Bank for the purpose of the Banker's Book Evidence Act, 1891.", "name": "Act XVIII of 1891 to apply to the books of the Corporation", "related_acts": "", "section_id": 38 }, { "act_id": 274, "details": "36. After making provision for bad and doubtful debits, depreciation of assets and any other matters which are usually provided for by bankers, the Corporation may, out of its net annual profit, establish a Reserve Fund and declare a dividend: Provided that as long as the Reserve Fund remains less than the paid-up share capital of the Corporation and as long as any sums paid by the Government under any guarantee given in pursuance of section 5 or under any guarantee in pursuance of sub-section (2) of section 22 are not fully repaid to the Government by the Corporation, the rate of such dividend shall not exceed the rate guaranteed by the Government under section 5 : Provided further that no such dividend shall exceed the rate of five per centum per annum, and if in respect of any financial year after the Reserve Fund has become equal to the share capital of the Corporation, there remains after declaring a dividend at the aforesaid rate any surplus, such surplus shall be paid to the Government.", "name": "Disposal of profit", "related_acts": "", "section_id": 39 }, { "act_id": 274, "details": "37. (1) A general meeting (hereinafter referred to as the annual general meeting) shall be held at the office of the Corporation annually within two months from the date on which the annual accounts of the Corporation are closed and a general meeting may be convened by the Board at any other time. (2) The share-holders present at the annual general meeting shall be entitled to discuss the annual accounts, the annual report of the Board on the working of the Corporation and the auditors' report on the annual balance sheet and accounts, and to express their views in the form of resolutions; and the Corporation shall consider such views and give such effect to them as it considers fit.", "name": "General meetings", "related_acts": "", "section_id": 40 }, { "act_id": 274, "details": "38. (1) The accounts of the Corporation shall be audited by auditors who shall be chartered accountants within the meaning of the 31Bangladesh Chartered Accountants Order, 1973, and appointed by the Government on such remuneration as it may fix, and such remuneration shall be paid by the Corporation. (2) Every auditor appointed under sub-section (1) shall be given a copy of the annual balance sheet of the Corporation, and shall examine it together with the accounts and vouchers relating thereto, and shall have a list delivered to him of all books kept by the Corporation, and shall at all reasonable times have access to the books, accounts and other documents of the Corporation, and may in relation to such accounts examine any Director or officer of the Corporation. (3) The auditors shall report to the share-holders upon the annual balance sheet and accounts and in their report they shall state whether in their opinion the balance sheet exhibits a true and correct view of the state of the Corporation's affairs according to the best of their information and the explanations given to them and as shown by the books of the Corporation, and whether in their opinion books of accounts have been kept by the Corporation in a proper manner and, in case they have called for any explanation or information from the Board, whether it has been given and whether it is satisfactory. (4) The Government may at any time issue directions to the auditors requiring them to report to it upon the adequacy of the measures taken by the Corporation for the protection of the interests of its share-holders and creditors or upon the sufficiency of their procedure in auditing the affairs of the Corporation, and may at any time enlarge or extent the scope of the audit or direct that a different procedure in audit be adopted or that any other examination be made by the auditor if in its opinion the public interest so requires.", "name": "Audit", "related_acts": "", "section_id": 41 }, { "act_id": 274, "details": "39. (1) The Corporation shall furnish to all share-holders within ten days of the date to which the statement relates, a statement in the prescribed form of its assets and liabilities as they stand at the close of business on the last Thursday of each month, or if that day is a public holiday under the Negotiable Instruments Act, 1881, then as they stand at the close of business on the preceding working day. (2) The Corporation shall furnish in the prescribed form to the Government such returns and statements at such intervals as the Government may require from time to time. (3) The Corporation shall furnish to the Government within two months of the close of the financial year an audited statement in the prescribed form of its assets and liabilities as they stand at the close of that year together with a profit and loss account for the year and a report on the working of the Corporation during the year, and copies of the said statement, account and report shall be published in the official Gazette and shall be laid before the 32Parliament.", "name": "Returns", "related_acts": "46", "section_id": 42 }, { "act_id": 274, "details": "40. No provision of law relating to the winding up of companies or corporations shall apply to the Corporation and the Corporation shall not be wound up save by order of the Government and in such manner as it may direct.", "name": "Liquidation of Corporation", "related_acts": "", "section_id": 43 }, { "act_id": 274, "details": "41. (1) Every Director shall be indemnified by the Corporation against all losses and expenses incurred by him in the discharge of his duties except such as are caused by his own wilful act or default. (2) A Director shall not be personally responsible for the acts of any other Director or of any officer or 33employee of the Corporation for any loss or expense resulting to the Corporation by reason of the insufficiency or deficiency in value of or title to any property or security acquired or taken on behalf of the Corporation or by the wrongful act of any person under a liability to the Corporation, or by anything done by him in good faith in the execution of the duties of his office.", "name": "Indemnity of Directors", "related_acts": "", "section_id": 44 }, { "act_id": 274, "details": "42. Every Director, auditor, officer or 34employee of the Corporation shall, before entering upon his duties, make a declaration of fidelity and secrecy.", "name": "Declaration of fidelity and secrecy", "related_acts": "", "section_id": 45 }, { "act_id": 274, "details": "3542A. The Chairman, Directors, Officers, advisers or employees of the Corporation shall, while acting or purporting to act in pursuance of the provisions of this Act or the rules or regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the 36* * * Penal Code.", "name": "Public servants", "related_acts": "", "section_id": 46 }, { "act_id": 274, "details": "43. For the purposes of the 37Income-tax Ordinance, 1984 (XXXVI of 1984), the Corporation shall be deemed to be a company within the meaning of that Act, and shall be liable to income-tax and super-tax accordingly on its income, profits and gains: Provided that any sum paid by the Government under the guarantee given in pursuance of section 5 or under any guarantee given in pursuance of sub-section (2) of section 22 shall not be treated as part of the income, profits and gains of the Corporation, and any interest on debentures or bonds paid by the Corporation out of such sum shall not be treated as expenditure incurred by it.", "name": "Provision relating to income-tax and super-tax", "related_acts": "672", "section_id": 47 }, { "act_id": 274, "details": "44. (1) Whoever wilfully makes a false statement or knowingly makes use of any false statement for the purpose of obtaining a loan from the Corporation or of inducing the Corporation to accept any security in any form or kind shall be punishable with imprisonment for a term which may extend to two years, or with a fine which may extend to 38twenty thousand taka, or with both. (2) Whoever being a member of the Board or of any Committee of the Corporation discloses or uses for a purpose not connected with the discharge of his duties as a member of the Board or of such Committee any information supplied to the Corporation or to the Board or to the Committee by a person applying for financial assistance shall be punishable with imprisonment for a term which may extend to six months, or with a fine which may extend to 39ten thousand taka, or with both. (3) No Court shall take cognizance of any offence punishable under this Act otherwise than on a complaint in writing signed by an officer of the Corporation authorised by the Board in this behalf.", "name": "Offences", "related_acts": "", "section_id": 48 }, { "act_id": 274, "details": "45. The Government may make rules not inconsistent with this Act for the purpose of giving effect to the provisions of this Act, and where the regulations framed under the next succeeding section are inconsistent with the rules, the rules shall prevail.", "name": "Power of Government to make rules", "related_acts": "", "section_id": 49 }, { "act_id": 274, "details": "46. (1) The Board may, with the previous sanction of the Government, make regulations not inconsistent with this Act or the rules made under this Act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such regulations may provide for- 40* * * (b)\tthe manner in which and the conditions subject to which the first allotment of the shares of the Corporation shall be made; (c)\tthe manner in which and the conditions subject to which the shares of the Corporation may be held and transferred, and generally all matters relating to the rights and duties of the share-holders; (d)\tthe manner in which the general meeting shall be convened, the procedure to be followed thereat, and the manner in which the right to vote may be exercised;  (e)\tthe calling of the meetings of the Board 41* * *, fees for attending the meeting thereof and the conduct of business thereat; (f)\tthe manner and terms of issue and redemption of bonds and debentures by the Corporation; (g)\tthe conditions subject to which the Corporation may grant loans; (h)\tthe form and manner of determining the sufficiency of the security taken under section 26; (i)\tthe manner in which and the conditions subject to which the Corporation may borrow in foreign currency from foreign lenders; (j) \tthe form of returns and statements required under this Act; (k) \tthe terms and conditions of service, duties and conduct of officers and servants and agents of the Corporation; (l) \tthe disclosure of interest, direct or indirect, of a Director of the Board in any application for loan; (m) \tthe taking over of, and the management of the business of a subsidiary corporation or a company or co-operative society committing a breach of its agreement with the Corporation; (n) \tthe preparation of annual estimates of income and expenditure of the Corporation in the prescribed form and their submission to the Board and the Government for approval on prescribed dates; and (o)\tthe efficient conduct of the affairs of the Corporation generally. (3) All regulations made under this section shall be published in the official Gazette, and shall come into force on such publication.", "name": "Power of the Board to make regulations", "related_acts": "", "section_id": 50 } ], "text": "♣ An Act to establish a Corporation for the purpose of promoting the development of small and cottage industries in Bangladesh. WHEREAS it is expedient to establish a Corporation for the purpose of promoting the development of 1small and cottage industries in Bangladesh; It is hereby enacted as follows:-" }

{ "id": 275, "lower_text": [ "1 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 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)", "3 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "4 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "5 The words, comma, figures and brackets “Income-tax Ordinance 1984 (XXXVI of 1984)” were substituted for the words, comma, figures and brackets “Income-tax Act, 1922 (XI of 1922)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "6 The word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "7 The word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The State Acquisition (Ad-interim Payment) Act, 1957 (East Pakistan Act)", "num_of_sections": 10, "published_date": "26th October, 1957", "related_act": [ 672, 388, 430, 241, 86 ], "repelled": false, "sections": [ { "act_id": 275, "details": "1. (1) This Act may be called the 1* * * State Acquisition (Ad-interim Payment) Act, 1957. (2) It extends to the whole of 2Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 275, "details": "2. In this Act, unless there is anything repugnant to the subject or context,- (1)\t“prescribed” means prescribed by rules made under this Act; (2)\t“Revenue-officer” includes any officer whom the Government may appoint to discharge all or any of the functions of a Revenue-officer under this Act or any rules made thereunder; and (3) \tall other words and expressions used in this Act shall have the same meanings as in the 3* * * State Acquisition and Tenancy Act, 1950.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 275, "details": "3. (1) Notwithstanding anything contained in sub-sections (1), (3) and (4) of section 6 of the 4* * * State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the said Act), a rent-receiver, whose interests in any estate, taluk, tenure, holding or tenancy or part thereof, not held under wakf, wakf-al-aulad, debutter or any other trust, have been acquired under sub-section (1) of section 3 of the said Act after the 1st day of April, 1956, shall, with effect from the date of such acquisition, be entitled to receive annually, in cash, in respect of such interests, at such time and in such manner as may be prescribed, an ad-interim payment at the rate of one-sixth of the net income calculated according to the provisions in sub-section (2). (2) For the purposes of sub-section (1), the net income of a rent-receiver from any estate, taluk, tenure, holding or tenancy or part thereof shall be calculated by deducting from the gross assets, consisting of the aggregate of the rents and cesses which were payable to such rent-receiver by his immediately subordinate tenants in such estate, taluk, tenure, holding, tenancy or part thereof for the agricultural year immediately preceding the date of acquisition, the following, namely:- (a) \tthe sums which were or are calculated as payable by such rent-receiver for such year as land revenue or rent and cesses to the Government or to his immediate landlord, as the case may be, in respect of such estate, taluk, tenure, holding, tenancy or part thereof; (b) \tthe sums which were or are calculated as payable by such rent-receiver in respect of such assets for such year as taxes under the Bengal Agricultural Income-tax Act, 1944 and the 5Income-tax Ordinance, 1984 (XXXVI of 1984); (c) \tthe average annual expenditure, if any, incurred by such rent-receiver on account of maintenance of any irrigation or protective works in such estate, taluk, tenure, holding, tenancy, or part thereof; and (d)\tcollection charges not exceeding twenty per centum of the gross assets. (3) In calculating the amounts of deduction under sub-section (2), the Revenue-officer shall be guided by such rules as may be made in this behalf by the Government.", "name": "Ad-interim payment", "related_acts": "241,672", "section_id": 3 }, { "act_id": 275, "details": "4. (1) For the purpose of calculating the net income under section 3, the Revenue-officer shall publish a proclamation in the prescribed manner in every village requiring the rent-receivers concerned to furnish, within sixty days from the date of publication of the proclamation or within such further time as may be allowed by the Revenue-officer on application, statements in the prescribed forms showing therein their gross assets and deductible amounts as referred to in sub-section (2) of section 3 and such other particulars as may be prescribed: Provided that the Government may, at any time, by notification in the official Gazette, allow such of the rent-receivers, as have not already furnished such statements in pursuance of the said Proclamation, a second opportunity to furnish the same to the Revenue-Officer within such period as may be specified in the notification. (2) The net income shall be calculated by the Revenue-officer after considering the returns furnished under sub-section (1) and making such enquiry as he thinks fit. (3) The submission of the statements required under sub-section (1) shall be the condition precedent to the making of ad-interim payments under section 3.", "name": "Service of notice to furnish statements", "related_acts": "", "section_id": 4 }, { "act_id": 275, "details": "5. Any person aggrieved by an order of the Revenue-officer determining the amount of any ad-interim payment under section 3 may, within a prescribed period and in the prescribed manner, present an appeal in writing to a prescribed superior Revenue Authority, and the decision of such Authority and also, subject only to such decision an order of the Revenue-officer passed under that section shall be final.", "name": "Appeal", "related_acts": "", "section_id": 5 }, { "act_id": 275, "details": "6. Notwithstanding anything contained in the Code of Civil Procedure, 1908, and the 6* * * Public Demands Recovery Act, 1913, any amount payable to a rent-receiver under section 3 shall not be liable to attachment in execution of any decree or order of a Civil Court or of a certificate signed under the 7* * * Public Demands Recovery Act, 1913, other than a decree or certificate for the recovery of arrears of revenue, rent or cesses due in respect of the interests to which such payment relates.", "name": "Exemption of ad-interim payment from attachment", "related_acts": "86", "section_id": 6 }, { "act_id": 275, "details": "7. With effect from the 1st day of the agricultural year next following the date of publication in the official Gazette of a notification under sub-section (2) of section 43 of the said Act, declaring that a Compensation Assessment-roll has been finally published, the ad-interim payment under section 3 in respect of the interest for which compensation has been assessed in such roll shall cease; and the total amount of ad-interim payments made under section 3 in respect of any such interests, less an amount calculated at the rate of three per centum per annum on the amount of compensation assessed for such interests in such roll from the date of acquisition of such interests under sub-section (1) of section 3 of the said Act till the last day of the agricultural year in which such notification is so published, shall be deducted from the amount of such compensation before proceeding to make payment of such compensation under sub-section (1) of section 58 of the said Act.", "name": "Ceasing of ad-interim payments and adjustment thereof", "related_acts": "", "section_id": 7 }, { "act_id": 275, "details": "8. Option.- 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": 8 }, { "act_id": 275, "details": "9. The Government may make rules for carrying out the purposes of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 9 }, { "act_id": 275, "details": "10. Repeal and saving.- Repealed by section 3 and the Second Schedule of the Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).", "name": "Repealed", "related_acts": "", "section_id": 10 } ], "text": "An Act to make provisions for more expeditious ad-interim payment.♣ WHEREAS under sub-section (1) of section 6 of the * * * State Acquisition and Tenancy Act, 1950, a rent-receiver whose rent-receiving interests not held under wakf, wakf-al-aulad, debutter or any other trust are acquired under sub-section (1) of section 3 of that Act is, with effect from the date of acquisition, entitled to receive annually in cash in respect of such interests an ad-interim payment at the rate of one-third of the net income on account of the demands of rent and cesses for any period after the date of acquisition collected by the Government for such interests in the year to which such payment relates; AND WHEREAS in the cases of such rent-receiving interests acquired after the 1st April, 1956, under sub-section (1) of section 3 of the said Act, it will take much time to collect necessary details and start and maintain separate accounts of collections of rents and cesses made by the Government in respect of such rent-receiving interests held by each rent-receiver for complying with the provisions of sub-section (1) of section 6 of the said Act; AND WHEREAS the making of ad-interim payments in such cases according to the provision of sub-section (1) of section 6 of the said Act will in the aforesaid circumstances, be much delayed and will consequently cause much hardship to the rent-receivers concerned; AND WHEREAS in order to avoid such hardship, it is considered expedient to make provisions for more expeditious ad-interim payments in such cases on a simpler basis; It is hereby enacted as follows:-" }

{ "id": 276, "lower_text": [ "1 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 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)", "3 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "4 Clause (b) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "5 The words “Bangladesh Bank” were substituted for the words “State Bank of Pakistan at Dacca” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "6 The words “Gazette of Pakistan and the local” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "7 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 State Acquisition (Bonds) Act, 1957 (East Pakistan Act)", "num_of_sections": 18, "published_date": "23rd November, 1957", "related_act": [ 388, 138, 430, 26, 415 ], "repelled": false, "sections": [ { "act_id": 276, "details": "1.\t(1) This Act may be called the 1* * * State Acquisition (Bonds) Act, 1957. (2) It extends to the whole of 2Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 276, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“the Act” means the 3* * * State Acquisition and Tenancy Act, 1950; 4(b) \t“Bank” means the Bangladesh Bank established under the Bangladesh Bank Order, 1972 (P. O. No. 127 of 1972); (c) \t“Bond” means a Bond referred to in sub-section (2) of section 58 of the Act; (d)\t“management” of bonds includes subdivision, consolidation and renewal of bonds and issue of duplicate bonds; (e)\t“prescribed” means prescribed by rules made by the Government under this Act; and (f)\t“Public Debt Office” means the Public Debt Office of the 5Bangladesh Bank.", "name": "Definitions", "related_acts": "415", "section_id": 2 }, { "act_id": 276, "details": "3. The work of issue and management of Bonds and payment of instalments thereunder shall be done by the Bank in accordance with such rules, and the form and denominations of the Bonds shall be such, as may be prescribed.", "name": "Form and denominations of Bonds and issue and management thereof", "related_acts": "", "section_id": 3 }, { "act_id": 276, "details": "4. The Government shall be discharged from all liabilities in respect of a Bond when all the instalments due thereon have been paid or when a duplicate, new or renewed Bond has been issued in its place.", "name": "Discharge of Government from liabilities", "related_acts": "", "section_id": 4 }, { "act_id": 276, "details": "5. (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 Bond may be held in the name of the office. (2) When a Bond is so held, it shall be deemed to be transferred without any or further transfer deed 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) This 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 Bonds in name of public office", "related_acts": "", "section_id": 5 }, { "act_id": 276, "details": "6. (1) No notice of any trust in respect of any Bond shall be receivable by the Government, nor shall the Government be bound by any such notice even though expressly given, nor shall the Government be regarded as trustee in respect of any Bond. (2) Without prejudice to the provisions of sub-section (1), the Bank may, as an act of grace and without any liability to the Bank or to the Government, record in its books such directions by the holder of a Bond for the payment of instalments due on a Bond or such other matters relating to a Bond, as the Bank thinks fit. (3) Bonds may be held by a holder of an office, other than a public office,- (a)\tin his personal name, described in the books of the Public Debt Office and in the Bond as a trustee, whether as a trustee of the trust specified in his application or as a trustee without any such qualification, or (b)\tby the name of his office. (4) On an application made in writing to the Public Debt Office, in the form required by that Office, by the person in whose name a Bond stands, and on surrender of the Bond, the Public Debt Office may- (a) \tmake an entry in their books describing him as a trustee of a specified trust or as a trustee without specification of any trust and issue a Bond in his name described as trustee with or without the specification of the trust, as the case may be, or (b)\tissue a Bond to him by the name of his office and make entry in its books describing him as the holder of the Bond by the name of his office, according to the applicant's request: Provided that- (i) \tthe request is in conformity with the provisions of sub-section (3); and (ii)\tthe necessary evidence required by the Public Debt Office in terms of sub-section (9) has been furnished. (5) The Bond under sub-section (3) may be held by the holder of the office either alone or jointly with a person or persons holding an office, other than a public office, or another person or an official authorised to hold the Bond by the name of his office. (6) When a Bond is held by a person in the name of his office, any document relating to the Bond may be executed by the person for the time being holding the office by the name in which the Bond is held as if his personal name were so stated. (7) Where any transfer deed, power of attorney or other document purporting to be executed by a Bond-holder described in the books of the Public Debt Office as trustee or as a holder of an office is produced to the Public Debt Office, the Public Debt Office shall not be concerned to inquire whether the executant is entitled under the terms of any trust or document to give any such power or to execute such deed or other document and may act on the transfer deed, power of attorney or document in the same manner as though the executant is a Bond-holder and whether the Bond-holder is or is not described in the transfer deed, power of attorney or document as a trustee or as a holder of an office and whether he does or does not purport to execute the transfer deed, power of attorney or document in his capacity as a trustee or as a holder of the office. (8) Nothing in this Act shall, as between any trustees and office-holders, or as between any trustees or office-holders and the beneficiaries, under a trust or any document, be deemed to authorise the trustees or office-holders to act otherwise than in accordance with the provisions of law applicable to trust, the terms of the instrument constituting the trust, or the rules governing the association, of which the Bond-holder is a holder of an office; and neither the Government nor any person holding or acquiring any interest in any Bond shall, by reason only of any entry in any register maintained by or on behalf of the Government or the Bank in relation to any Bond or of anything in any document relating to Bond, be affected with notice of any trust or of the fiduciary character of any holder of any Bond or of any fiduciary obligation attaching to the holding of any Bond. (9) Before acting on any application made, or on any document purporting to be executed in pursuance of this section by a person as being the holder of any office, the Public Debt Office may require the production of evidence that such person is the holder for the time being of that Office.", "name": "Holding of Bonds as trustee or by an Office other than public office", "related_acts": "", "section_id": 6 }, { "act_id": 276, "details": "7. The executors or administrators of a deceased sole holder of a Bond and the holder of a succession certificate issued under Part X of the Succession Act, 1925, shall be the only persons who may be recognised by the Bank as having any title to the Bond: Provided that nothing in this section shall bar the recognition by the Bank of the manager or the sole surviving male member of a Hindu undivided family governed by the Mitakshara Law as having a title to a Bond, when the Bond appears to the Bank to stand in the name of a deceased member of the family and an application is made by such manager or sole surviving member for recognition of his title and is supported by a certificate issued by the District Magistrate after such inquiry as may in his opinion be necessary to the effect that the deceased belonged to a Hindu undivided family governed by the Mitakshara Law, that the Bond 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": "Recognition of title to Bonds", "related_acts": "138", "section_id": 7 }, { "act_id": 276, "details": "8. (1) Notwithstanding anything contained in section 45 of the Contract Act, 1872,- (a) \twhen a Bond is held by two or more persons jointly and either or any of them dies, the title to the Bond shall vest in the survivor or survivors of those persons; and (b)\twhen a Bond is payable to two or more persons severally and either or any of them dies, the Bond shall be payable to the survivor or survivors of those persons or to the representatives of the deceased or to any of them: Provided that nothing contained in this section shall affect any claim which any representative of a deceased person may have against the survivor or survivors under or in respect of any Bond to which this section applies. (2) (i) \tNotwithstanding anything contained in section 7, if, within six months of the death of a person who was the holder of a Bond or Bonds the face-value of which does not in the aggregate exceed five thousand rupees, probate of his Will or letters of administration of his estate or a succession certificate issued under Part X of the Succession Act, 1925, is not produced to the Bank, or proof to the satisfaction of the Bank that proceedings have been instituted to obtain one of these is not furnished, the Bank may determine who is the person entitled to the Bond or Bonds or to administer the estate of the deceased and may make an order vesting the Bond or Bonds in the person so determined. (ii) When a Bond or Bonds belong to a minor or a person who is insane and incapable of managing his affairs and the face-value of the Bond or Bonds does not in the aggregate exceed five thousand rupees, the Bank may make such order as it thinks fit for the vesting of such Bond or Bonds in such person as it considers represents the minor or insane person.", "name": "Rights of survivors of joint holders and summary procedure in certain cases", "related_acts": "26,138", "section_id": 8 }, { "act_id": 276, "details": "9. (1) If the Bank is of opinion that a doubt exists as to the title to a Bond or in cases of the Bonds to which clauses (i) or (ii) of sub-section (2) of section 8 apply, the Bank may determine the person in the manner hereunder as being entitled in its opinion to the Bond and payment of all accrued and accruing instalments and may by its order vest title in such person accordingly. (2) The person claiming to be entitled to a Bond or to payment of accrued and accruing instalments due thereon shall apply to the Bank and adduce documentary evidence in support of his claim. (3) On receipt of the application by the Bank, the Bank, if it contemplates making a vesting order, may, if it considers proper, request a District Magistrate to record or to have recorded the whole or any part of such evidence as any person whose evidence the Bank requires may produce or direct one of its officers to record such evidence or may receive evidence upon affidavit. Nothing herein shall preclude the Bank from determining title without enquiry in the manner laid down in this sub-section. (4) The Bank shall thereafter give notice in writing to each claimant of whom it has knowledge stating the names of all other claimants and the time when and the officer of the Bank by whom the determination of title will be made. (5) On the date and at the time fixed in the notice, the officer shall- (i) \texamine the evidence adduced by the parties; (ii) \thear the parties affected and record such evidence as they adduce: Provided that no further evidence shall be recorded or entertained in cases where the District Magistrate has been requested to record or to have evidence recorded, or the Bank has directed one of its officers to record the evidence; and (iii) determine the issue as to who is entitled to the Bond. (6) After determination of the issue by the officer, the Bank shall give to each claimant notice in writing of the determination so made. (7) The notices under sub-sections (4) and (6) shall be published in three successive issues of the 6* * * official Gazette as soon as possible after the date on which they are respectively issued. (8) The Bank may require the person considered by the Bank as being entitled to the Bond or to instalments due thereon to execute a security bond in the prescribed form with one or more sureties or to furnish security not exceeding twice the value of the subject-matter of the order, to be held at the disposal of the Bank, to pay to the Bank or to any person, to whom the Bank may assign the security bond or the security in furtherance of sub-section (2) of section 13 of this Act, the amount thereof. (9) On the expiry of six months from the publication under sub-section (7) of the notice issued under sub-section (6), the Bank may make an order vesting the Bond and any instalments due thereon in the person found by the Bank to be entitled thereto. (10) Notwithstanding anything contained in this section, the Bank may vest- (a) \ttitle limited to drawal of instalments in guardian of a minor or a manager of the property of an insane person, and (b) \tfull title in the minor or the insane person to take effect on the minor attaining the age of majority or on the insane person becoming sane.", "name": "Determination of person entitled to a Bond", "related_acts": "", "section_id": 9 }, { "act_id": 276, "details": "10.\tThe rights of all persons in relation to the Bonds shall be determined in connection with all such questions as are dealt with by this Act by the law and in the Courts of 7Bangladesh.", "name": "Determination of rights", "related_acts": "", "section_id": 10 }, { "act_id": 276, "details": "11.\t(1) For the purpose of making any order which it is empowered to make under this Act, the Bank may request a District Magistrate to record or to have recorded the whole or any part of such evidence as any person whose evidence the Bank requires may produce. The District Magistrate so requested may himself record or may direct any Magistrate subordinate to him to record the evidence and shall forward a copy thereof to the Bank. (2) For the purpose of making a vesting order under this Act, the Bank may direct one of its officers to record the evidence of any person whose evidence the Bank requires or may receive evidence upon affidavit. (3) A Magistrate or an officer of the Bank acting in pursuance of this Act may administer an oath to any witness examined by him.", "name": "Recording of evidence", "related_acts": "", "section_id": 11 }, { "act_id": 276, "details": "12.\tWhere the Bank contemplates making an order under this Act to vest a Bond in any person, the Bank may suspend payment of instalments due on the Bond or postpone the renewal of the Bond or the issue of any duplicate Bond or of any new Bond or Bonds in lieu thereof or the registration of any transfer of the Bond, until the vesting order has been made.", "name": "Suspension of payment and postponement of order and registration", "related_acts": "", "section_id": 12 }, { "act_id": 276, "details": "13.\t(1) Before making any order which it is empowered to make under this Act, the Bank may require the person in whose favour the order is to be made to execute a security bond with one or more sureties in the prescribed form or to furnish security not exceeding twice the value of the subject-matter of the order, to be held at the disposal of the Bank, to pay to the Bank or any person, to whom the Bank may assign the security bond or the security in furtherance of sub-section (2), the amount thereof. (2) A Court before which a claim in respect of the subject-matter of any such order is established may order the security bond or the security to be assigned to the successful claimant who shall thereupon be entitled to enforce the security bond or realise the security to the extent of such claim.", "name": "Bank may require security", "related_acts": "", "section_id": 13 }, { "act_id": 276, "details": "14.\tNo recognition by the Bank of a person as the holder of a Bond and no order made by the Bank under this Act shall be called in question by any Court so far as such recognition or order affect the relation of the Government or the Bank with the person recognised by the Bank as the holder of a Bond or with any person claiming an interest in such bond; and any such recognition by the Bank of any person or any order by the Bank vesting a Bond in any person shall operate to confer on that person a title to the bond subject only to a personal liability to the rightful owner of the Bond for money had and received on his account.", "name": "Effect of recognition by the Bank of a person as the holder of a Bond", "related_acts": "", "section_id": 14 }, { "act_id": 276, "details": "15.\tWhere the Bank contemplates making an order under this Act vesting a Bond in any person, the Bank may, at any time before the order is made, cancel any proceedings already taken for that purpose and may, on such cancellation, proceed anew to the making of such order.", "name": "Cancellation of proceedings", "related_acts": "", "section_id": 15 }, { "act_id": 276, "details": "16.\tNo person shall be entitled to claim interest on the instalment due on a Bond in respect of any period which has elapsed after the earliest date on which demand could have been made for the payment of the instalment.", "name": "Bar to claiming of interest on instalment", "related_acts": "", "section_id": 16 }, { "act_id": 276, "details": "17. (1) If any person, for the purpose of obtaining for himself or for any other person any title to a Bond, makes to any authority under this Act, in any application or in the course of any enquiry, any 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) No Court shall take cognizance of any offence under sub-section (1) except on the complaint of the Bank.", "name": "Penalty for false statement", "related_acts": "", "section_id": 17 }, { "act_id": 276, "details": "18.\t(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 authority which can make requisition for issue of Bonds and the procedure and form for making such requisition; (b)\tthe form and denomination of Bonds and payment of instalments thereunder; (c) \tthe manner of issue, enfacement and delivery of Bonds;  (d) \tthe issue of duplicate Bonds and subdivision, consolidation and renewal thereof; (e) \tthe form of security bond under sub-section (8) of section 9 and sub-section (1) of section 13; (f) \tthe circumstances requiring renewal of Bonds; (g)\tthe manner of application for information or inspection and the circumstances under which information may be supplied or inspection may be allowed; (h) \tthe fees for renewal, consolidation or subdivision of Bonds and issue of duplicate Bonds and for information and inspection and in other matters; (i) \tthe powers of the Bank in procedural matters; and (j) \tthe manner of service of notices.", "name": "Power to make rules", "related_acts": "", "section_id": 18 } ], "text": "♣An Act to make certain provisions in connection with the issue and management of bonds mentioned in sub-section (2) of section 58 of the * * * State Acquisition and Tenancy Act, 1950. WHEREAS sub-section (2) of section 58 of the * * * State Acquisition and Tenancy Act, 1950, provides for payment of compensation either in cash or in bonds or partly in cash and partly in bonds; * * * AND WHEREAS it is expedient to make certain provisions in connection with the issue and management of such bonds and payment of instalments thereunder and for other matters incidental thereto; It is hereby enacted as follows:-" }

{ "id": 277, "lower_text": [ "1 The words “Criminal Law” were substituted for the words “Pakistan Criminal Law” by section 2 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)", "2 The words “Criminal Law” were substituted for the words “Pakistan Criminal Law” by section 2 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)", "3 Clause (a) was omitted by section 3 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)", "4 Clause (aa) was inserted by section 2 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)", "5 Clause (b) was substituted by section 3 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)", "6 Clause (bb) was inserted by section 2 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)", "7 Sub-section (2) was substituted by section 2 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)", "8 The words “or a Metropolitan Magistrate or a Magistrate of the first class” were omitted by section 3 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)", "9 The semi-colon (;) was substituted for the full stop (.) and the words, commas, brackets, figure and full-stop “and, notwithstanding anything contained in sub-section (1), such Senior Special Judge shall have exclusive jurisdiction to take cognizance of all offences triable under this Act committed or deemed to have been committed within that area.” were inserted by section 3 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)", "10 The words “by the Special Judge to whom the case is transferred” were substituted for the words “by such one of them as may be specified in this behalf” by section 3 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)", "11 The words “committing the offence is found or was ordinarily residing before he left Bangladesh” were substituted for the words “committing the offence is found” by section 5 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)", "12 Sub-section (5) was inserted by section 3 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)", "13 Clause (b) was omitted by section 4 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)", "14 Section 5A was inserted by section 5 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)", "15 The words “the proviso to” were omitted by section 4 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)", "16 The words “sub-section (3) of” were omitted by section 6 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)", "17 The words, figure and brackets “or by virtue of sub-section (4) of this section” were omitted by section 5 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)", "18 The words and comma “under this Act,” were substituted for the words, commas and figures “before a Special Judge, the provisions of Chapter XVIII of the Code of Criminal Procedure, 1898, shall not be applicable, but” by section 4 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)", "19 The words “the Commission” were substituted for the words “any police officer in whose jurisdiction the offence was wholly or partly committed” by section 5 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)", "20 Sub-section (1) was substituted by section 6 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)", "21 Clause (b) was omitted by section 6 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)", "22 Sub-section (1A) was inserted by section 7 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)", "23 Sub-section (1B) was inserted by section 2 of the Criminal Law Amendment (Amendment) Ordinance, 1979 (Ordinance No. XVI of 1979)", "24 Sub-section (2) was substituted by section 6 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)", "25 The Explanation was omitted by section 7 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)", "26 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 2 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)", "27 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 2 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)", "28 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 2 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)", "29 The words “commission of the offence and may also order confiscation of the whole or any part of the property of the accused to the Government” were substituted for the words “commission of the offence” by section 8 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978)", "30 Sub-section (1) was substituted by section 7 of the Criminal Law Amendment (Amendment) Act, 1987 (Act No. XIII of 1987)", "31 Clause (b) was omitted by section 7 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)", "32 The words “the Commission may” were substituted for the words “the Government may” by section 7 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)", "33 The words “High Court Division” were substituted for the words “aforesaid court” by section 7 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)", "34 The word “Commission” was substituted for the word “Government” by section 7 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)", "35 Clause (a) was omitted by section 8 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004)" ], "name": "The Criminal Law Amendment Act, 1958", "num_of_sections": 15, "published_date": "23rd September, 1958", "related_act": [ 914, 75 ], "repelled": false, "sections": [ { "act_id": 277, "details": "1. (1) This Act may be called the 2Criminal Law Amendment Act, 1958. (2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh and public servants wherever they may be. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 277, "details": "2. In this Act, unless there is anything repugnant in the subject or context,-  3 * * * 4 (aa) “Commission” means Anti-Corruption Commission established under দুর্নীতি দমন কমিশন আইন, ২০০৪ (২০০৪ সনের ৫নং আইন)  5 (b) “public servant” means a public servant as defined in section 21 of the Penal Code (Act XLV of 1860), and includes a Chairman, Director, Trustee, Member, Commissioner, officer or other employee of any local authority, statutory corporation or body corporate or of any other body or organisation constituted or established under any law;  6 (bb) “Schedule” means Schedule of this Act;  (c) “Special Judge” means a Special Judge appointed under sub-section (1) of section 3.", "name": "Definitions", "related_acts": "914", "section_id": 2 }, { "act_id": 277, "details": "3. (1) The Government shall, by notification in the official Gazette, appoint as many Special Judges as may be necessary to try and punish offences specified in the Schedule. 7(2) No person shall be appointed a Special Judge unless he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge 8* * *.", "name": "Appointment of Special Judges", "related_acts": "", "section_id": 3 }, { "act_id": 277, "details": "4. (1) A Special Judge shall have jurisdiction within such territorial limits as may be fixed by the Government by notification in the official Gazette and may take cognizance of any offence committed or deemed to have been committed within such limits and triable under this Act upon receiving a complaint of facts which constitute such offence or upon a report in writing of such facts made by any police officer. (2) Where two or more Special Judges have jurisdiction, wholly or partly in the same territorial limits, the Government shall, by notification in the official Gazette, declare one of them to be the Senior Special Judge for that area 9; and, notwithstanding anything contained in sub-section (1), such Senior Special Judge shall have exclusive jurisdiction to take cognizance of all offences triable under this Act committed or deemed to have been committed within that area. (3) An offence shall be tried by the Special Judge within the territorial limits of whose jurisdiction it was committed or deemed to have been committed, or where there are more Special Judges than one having jurisdiction within the same territorial limits, 10by the Special Judge to whom the case is transferred by the Senior Special Judge: Provided that the Senior Special Judge may, by order in writing, transfer, at any stage of the trial, any case from the Court of one Special Judge to the Court of another Special Judge having jurisdiction within the same territorial limits. (4) When an offence triable under this Act is committed outside Bangladesh, it shall, for the purposes of this Act, be deemed to have been committed within the territorial limits of the jurisdiction of the Special Judge in which the person 11committing the offence is found or was ordinarily residing before he left Bangladesh. 12(5) A Special Judge may pass any sentence authorised by law, except- (a) a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years, if he is or has been an Assistant Sessions Judge; 13* * *", "name": "Jurisdiction of Special Judges and cognizance of cases by them", "related_acts": "", "section_id": 4 }, { "act_id": 277, "details": "145A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), for the purpose of investigation of an offence triable under this Act, the offence shall be deemed to be an offence triable exclusively by Court of Sessions and the provisions of sub-section (5) of section 167 of that Code shall have effect as if for the words “sixty days” the words “one hundred and eighty days” were substituted.", "name": "Time-limit for investigation", "related_acts": "75", "section_id": 5 }, { "act_id": 277, "details": "5. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, or in any other law, the offences specified in the Schedule shall be triable exclusively by a Special Judge. (2) Omitted by section 5 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004). (3) Omitted by section 6 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978). (4) Omitted by section 5 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004). (5) In respect of cases transferred to a Special Judge under 15* * * 16* * * section 4 17* * *, such Judge shall not, by reason of the said transfer, be bound to recall and rehear any witness who has given evidence in the case before transfer and may act on the evidence already recorded by or produced before the court which tried the case before the transfer. (6) For the purpose of trial 18under this Act, a Special Judge may, in any case where he deems it necessary, order an investigation by 19the Commission. (7) When trying an offence under this Act a Special Judge may also charge with and try other offences not so triable with which the accused may, under the provisions of the Code of Criminal Procedure, 1898, relating to the joinder of charges, be charged at the same trial.", "name": "Offences to be tried by Special Judges", "related_acts": "75,75", "section_id": 6 }, { "act_id": 277, "details": "6. 20(1) The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), shall, in so far as they are not inconsistent with this Act, apply to the proceedings of the Court of a Special Judge and for the purposes of the said provisions, the Court of a Special Judge shall be deemed to be- (a)\ta Court of Sessions, if the Special Judge is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge. 21* * * 22(1A) If a Special Judge has reason to believe that an accused person has absconded or is concealing himself so that he cannot be arrested and produced before him for trial, he may, by order notified in the official Gazette, direct such person to appear before him within such period as may be specified in the order, and if such person fails to comply with such direction, he may be tried in his absence. 23(1B) A person accused of more offences than one punishable under this Act may be tried at one trial for all such offences. 24(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), in the case of any offence specified in the Schedule, at any stage of investigation, enquiry, and trial the Special Judge, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to the offence, may for reasons to be recorded in writing tender pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof and any pardon so tendered shall, for the purposes of sections 339 and 339A of the said Code, be deemed to have been tendered under section 337,or, as the case may be, under section 338 of that Code. (3) The provisions of Chapter XX of the Code of Criminal Procedure, 1898, shall apply to trial of cases under this Act in so far as they are not inconsistent with the provisions of this Act. (4) Notwithstanding anything contained in this Act, the Special Judge may convict the accused of any offence which from the facts admitted or proved he appears to have committed. (5) Omitted by section 6 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004). 25* * * (6) Omitted by section 6 of the Criminal Law Amendment (Amendment) Act, 2004 (Act No. XXII of 2004). (7) The previous statements of witnesses to be examined for the prosecution at the trial shall be supplied to the accused at least one week before the commencement of the trial.", "name": "Procedure in trial of cases and powers of Special Judges", "related_acts": "75,75,75", "section_id": 7 }, { "act_id": 277, "details": "7. (1) When any person is charged before a Special Judge with an offence triable under this Act, the fact that such person or any other person through him or on his behalf, is in possession, for which he cannot satisfactorily account, of pecuniary resources, or property disproportionate to his known sources of income, or that such person has, on or about the time of offence with which he is charged, obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account, may be proved, and may be taken into consideration by the Special Judge as a relevant fact in deciding whether he is guilty of the particular offence with which he is charged. (2) Where in any trial before a Special Judge of an offence punishable under sections 161 to 165 of the 26Penal Code, it is proved that an accused person has accepted or obtained, or has agreed to accept or attempted to obtain, for himself or for any other person, any gratification (other than legal remuneration) or any valuable thing, or any pecuniary advantage from a person or the agent of a person, for any favour shown or promised to be shown by the accused person, it shall be presumed, unless the contrary is proved, that he accepted or obtained, or agreed to accept or attempted to obtain, that gratification, or that valuable thing, or pecuniary advantage to himself or some other person, as the case may be, as a motive or reward such as is mentioned in sections 161, 162 and 163 of the 27Penal Code, or, as the case may be, without consideration, or for a consideration which he knows to be inadequate. (3) Where in any trial of an offence punishable under section 165A of the 28Penal Code, it is proved that any gratification (other than legal remuneration) or any valuable thing has been given or offered to be given or attempted to be given by an accused person, it shall be presumed unless the contrary is proved that he gave or offered to give or attempted to give the gratification or valuable thing, as the case may be, as a motive or reward such as is mentioned in section 161 of the said Code or, as the case may be, without consideration or for a consideration which he knew to be inadequate. (4) Notwithstanding anything contained in sub-sections (2) and (3), the Court may decline to draw the presumption referred to in either of the said sub-sections, if the gratification or thing aforesaid is, in its opinion, so trivial that no inference of corruption may fairly be drawn.", "name": "Special rules of evidence", "related_acts": "", "section_id": 8 }, { "act_id": 277, "details": "8. A Special Judge, unless he otherwise decides, shall not be bound to recall or rehear any witness, whose evidence has already been recorded, or to re-open proceedings already held, but may act on the evidence already produced or recorded and continue the trial from the stage which the case has reached.", "name": "Bar on trial de novo", "related_acts": "", "section_id": 9 }, { "act_id": 277, "details": "9. When any person charged before a Special Judge with an offence triable under this Act is found guilty of the offence the Special Judge shall, notwithstanding anything contained in any other law, whether or not he imposes a sentence of imprisonment, impose a sentence of fine which shall not be less than the gain found to have been derived by the accused by the 29commission of the offence and may also order confiscation of the whole or any part of the property of the accused to the Government.", "name": "Punishment of offences", "related_acts": "", "section_id": 10 }, { "act_id": 277, "details": "10. 30(1) An appeal from the judgement of a Special Judge shall lie to- (a) \tthe High Court Division, if the Special Judge is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge; 31* * * (1A) The Court to which an appeal lies under sub-section (1) shall also have powers of revisions. (2) Notwithstanding the provisions of section 417 of the Code of Criminal Procedure, 1898, in any case tried by a Special Judge appointed by the Government under section 3, in which such Special Judge has passed an order of acquittal, 32the Commission may direct the Public Prosecutor to present an appeal to such Court as aforesaid. (3) The 33High Court Division shall have authority to transfer any case from the Court of a Special Judge to the Court of another Special Judge: Provided that notwithstanding anything contained in section 526 of the Code of Criminal Procedure, 1898, the Special Judge from whose Court a transfer is desired, shall not be bound to adjourn the case, but if he rejects a request for adjournment, he shall record his reasons for doing so. (4) No prosecution under this Act against any person either generally or in respect of any one or more of the offences for which he is being tried shall be withdrawn except under the orders in writing of the 34Commission.", "name": "Appeal, revision and transfer of cases", "related_acts": "75,75", "section_id": 11 }, { "act_id": 277, "details": "11. (1) Notwithstanding anything contained in the Second Schedule to the Code of Criminal Procedure, 1898, or any other law for the time being in force, offences triable by a Special Judge under this Act shall be deemed to be non-bailable. (2) Any offence triable under this Act which is punishable with simple imprisonment shall be deemed to be punishable with imprisonment of either description.", "name": "Bail and imprisonment", "related_acts": "75", "section_id": 12 }, { "act_id": 277, "details": "12. (1) The Government may frame rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for any of the following matters, namely:- 35* * * (b) \tthe emoluments of the Special Judges, and their appointment; (c)\tterritorial limits of the jurisdiction of Special Judges and the place and time of sitting of the Courts presided over by the Special Judges; (d) \tthe summoning of witnesses and compelling the production of documents and the penalty for disobeying, or evading the same, in addition to or substitution of the provisions of the Code of Criminal Procedure, 1898; (e) \tmatters incidental to the above.", "name": "Power to make rules", "related_acts": "75", "section_id": 13 }, { "act_id": 277, "details": "13. Nothing in this Act shall affect the jurisdiction exercised by, or the procedure applicable to, any Court or other authority under any military, naval, or air force law.", "name": "Military, naval and air force law not to be affected", "related_acts": "", "section_id": 14 }, { "act_id": 277, "details": "14. Repeal and savings.- Omitted by section 9 of the Criminal Law Amendment (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978).", "name": "Omitted.", "related_acts": "", "section_id": 15 } ], "text": "♣An Act to repeal and re-enact, with certain amendments, the Criminal Law Amendment Act, 1948. WHEREAS it is expedient to repeal and re-enact, with certain amendments, the 1Criminal Law Amendment Act, 1948, providing for the more speedy trial and more effective punishment of certain offences; It is hereby enacted as follows:-" }

{ "id": 278, "lower_text": [ "1 The word “Bangladesh” was substituted for the word “Pakistan” by section 3 of the Agricultural Census (Amendment) Ordinance, 1983 (Ordinance No. XXII of 1983)", "2 The semi-colon (;) was substituted for the full-stop (.) and clause (c) was added by section 4 of the Agricultural Census (Amendment) Ordinance, 1983 (Ordinance No. XXII of 1983)", "3 Sub-section (1) was substituted by section 5 of the Agricultural Census (Amendment) Ordinance, 1983 (Ordinance No. XXII of 1983)", "4 The word “Director-General” was substituted for the words “Central Government” by section 5 of the Agricultural Census (Amendment) Ordinance, 1983 (Ordinance No. XXII of 1983)", "5 The word “Government” was substituted for the words “Central Government or the Provincial Government” by section 6 of the Agricultural Census (Amendment) Ordinance, 1983 (Ordinance No. XXII of 1983)", "6 The word “taka” was substituted for the word “rupees” by section 6 of the Agricultural Census (Amendment) Ordinance, 1983 (Ordinance No. XXII of 1983)", "7 The word “Government” was substituted for the words “Provincial Government” by section 7 of the Agricultural Census (Amendment) Ordinance, 1983 (Ordinance No. XXII of 1983)", "8 The word “Government” was substituted for the words “Provincial Government” by section 7 of the Agricultural Census (Amendment) Ordinance, 1983 (Ordinance No. XXII of 1983)", "9 The word “Director-General” was substituted for the words and comma “Census Commissioner or any Joint Census Commissioner, Deputy Census Commissioner or Assistant Census Commissioner” by section 8 of the Agricultural Census (Amendment) Ordinance, 1983 (Ordinance No. XXII of 1983)", "10 The word “Pakistan” was omitted by section 9 of the Agricultural Census (Amendment) Ordinance, 1983 (Ordinance No. XXII of 1983)" ], "name": "The Agricultural Census Act, 1958", "num_of_sections": 14, "published_date": "23rd September, 1958", "related_act": [ 24, 278 ], "repelled": false, "sections": [ { "act_id": 278, "details": "1. (1) This Act may be called the Agricultural Census Act, 1958. (2) It extends to the whole of 1Bangladesh. (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": "278", "section_id": 1 }, { "act_id": 278, "details": "2. In this Act, unless there is anything repugnant in the subject or context:- (a) \t“census” means agricultural census; (b)\t“census officer” means an officer appointed for the purpose of carrying out the provisions of this Act 2;  (c)\t“Director-General” means the Director-General of the Bangladesh Bureau of Statistics.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 278, "details": "3. 3(1) The Director-General may- (a)\tmake plan and supervise the taking of census throughout Bangladesh; (b)\tappoint census officers to take, aid in or supervise the taking of, the census within any specified area. (2) Omitted by section 5 of the Agricultural Census (Amendment) Ordinance, 1983 (Ordinance No. XXII of 1983). (3) A declaration in writing, signed by any authority authorised by the 4Director-General in this behalf, that a person has been duly appointed a census officer shall be conclusive proof of such appointment.", "name": "Census officers", "related_acts": "", "section_id": 3 }, { "act_id": 278, "details": "4. (1) For the purpose of taking census, information shall be collected on or with respect to the following matters, namely:- (a)\tland ownership and land tenure; (b)\tland unit and subdivision of land; (c)\tland utilisation; (d)\tcrop acreage and production; (e)\tlivestock and poultry; (f)\temployment in agriculture; (g)\tagricultural population; (h)\tagricultural power and machinery; (i) \tirrigation and drainage; (j) \tfertilisers and soil dressing; (k)\twood and fishery products; (l) \tagricultural credit; (m)\tagriculture and sericulture; (n) \tfruit and vegetable products; and (o) \tsuch other matters as the Government may, by notification in the official Gazette, specify. (2) For the purpose of collecting information referred to in sub-section (1), the Government may, by notification in the official Gazette, prepare such questionnaire as it thinks fit and a census officer may require any person within his jurisdiction to give answers to such questionnaire and to such other questions relevant to the questionnaire as he may think fit to ask. (3) Any person who is required to give answers to the questionnaire and other relevant questions under sub-section (2) shall be legally bound to give answers to the best of his knowledge or belief.", "name": "Collection of information for census", "related_acts": "", "section_id": 4 }, { "act_id": 278, "details": "5. (1) For the purpose of collecting information referred to in sub-section (1) of section 4, crop-cutting experiments may be conducted, and for such experiments any land in any area may be selected. (2) The owners or occupiers of lands or their agents or servants shall allow such access to the census officers and other persons assisting them to their lands as may be necessary for the conduct of crop-cutting experiments. (3) The owner or other person entitled to the crop shall be paid such compensation for any loss or damage caused to him by the conduct of crop-cutting experiments as the Government may prescribe.", "name": "Crop-cutting experiment", "related_acts": "", "section_id": 5 }, { "act_id": 278, "details": "6. Every person owning or occupying any house, premises or lands shall allow the census officers such access thereto as they may require for the purposes of the census and shall allow them to paint on, affix to, or dig in, the house, premises or lands such letters, mark or objects as may be necessary for the said purpose.", "name": "Access to census officers to premises and lands", "related_acts": "", "section_id": 6 }, { "act_id": 278, "details": "7. (a) \tAny census officer or any person lawfully required to give assistance towards the taking of a census who refuses or neglects to use reasonable diligence in performing any duty imposed upon him or in obeying any order issued to him in accordance with this Act or any rule made thereunder, or any person who hinders or obstructs another person in performing any such duty or in obeying any such order, or (b)\tany census officer who knowingly makes any false return or, without the previous sanction of the 5Government, discloses any information which he has received by means of, or for the purposes of, a census return, or (c)\tany person who intentionally gives a false answer to, or refuses to answer to the best of his knowledge or belief, to the questionnaire or other relevant question asked of him by a census officer which he is legally bound to answer, or (d)\tany person occupying any house, premises or land who refuses to allow a census officer such reasonable access thereto as he is required under section 6 to allow, or (e)\tany person who removes, obliterates, alters or damages without proper authority or before the completion of the census any letters, marks or objects which have been painted, affixed or dug for the purposes of the census, shall be punishable with fine which may extend to five hundred 6taka.", "name": "Penalties", "related_acts": "", "section_id": 7 }, { "act_id": 278, "details": "8. No prosecution under this Act shall be instituted except with the previous sanction of the 7Government or of an authority authorised in this behalf by the 8Government.", "name": "Sanction for prosecution under this Act", "related_acts": "", "section_id": 8 }, { "act_id": 278, "details": "9. Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission under this Act which constitutes an offence under such other law: Provided that no such prosecution shall be instituted except with the previous sanction referred to in section 8.", "name": "Prosecution under other laws", "related_acts": "", "section_id": 9 }, { "act_id": 278, "details": "10. No court inferior to that of a Magistrate of the second class shall try an offence under this Act.", "name": "Jurisdiction", "related_acts": "", "section_id": 10 }, { "act_id": 278, "details": "11. No person shall have a right to inspect any book, register or record made by a census officer in the discharge of his duties as such, and notwithstanding anything to the contrary in the Evidence Act, 1872, no entry in any such book, register or record shall be admissible as evidence in any civil proceeding whatsoever, or in any criminal proceedings, other than a prosecution under this Act or under any other law for any act or omission under this Act which constitutes an offence under such other law.", "name": "Census records not open to inspection", "related_acts": "24", "section_id": 11 }, { "act_id": 278, "details": "12. The 9Director-General or such person as the Government may authorise in this behalf may, if he thinks fit, at the request and cost (to be determined by him) of any local authority or person, cause abstracts to be prepared and supplied containing any such statistical information as can be derived from the census returns being information which is not contained in any published report and which, in his opinion, it is reasonable for that authority or person to require.", "name": "Preparation of statistical abstracts", "related_acts": "", "section_id": 12 }, { "act_id": 278, "details": "13. All census officers shall be deemed to be public servants within the meaning of section 21 of the 10* * * Penal Code.", "name": "Census officers to be public servants", "related_acts": "", "section_id": 13 }, { "act_id": 278, "details": "14. The Government may make rules for carrying out the purposes of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 14 } ], "text": "♣ An Act to provide for certain matters for the purpose of taking agricultural census. WHEREAS in a general meeting of the Food and Agricultural Organization of the United Nations a decision has been taken urging the member countries to take agricultural census; AND WHEREAS it is expedient to take agricultural census in pursuance of the said decision and to provide for certain matters for that purpose; AND WHEREAS in pursuance of the proviso to Article 108 of the Constitution the Governors of the Provinces of East Pakistan and West Pakistan have been consulted; It is hereby enacted as follows:-" }

{ "id": 279, "lower_text": [ "1 Throughout this Ordinance, the word “Government” was substituted for the words “Provincial Government” by Article 8 of the Bangladesh (Adaptation of Existing Bangladesh Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Bangladesh Laws) Order, 1972 (President’s Order No. 48 of 1972)", "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 Section 3 was renumbered as sub-section (1) by section 3 of the Essential Services Laws (Amendment) Act, 1974 (Act No. XXXVI of 1974)", "5 The words “under any local authority” were omitted by section 3 of the Essential Services Laws (Amendment) Act, 1974 (Act No. XXXVI of 1974)", "6 Sub-section (2) was added by section 3 of the Essential Services Laws (Amendment) Act, 1974 (Act No. XXXVI of 1974)", "7 The Explanation was renumbered as Explanation 1 by section 3 of the Essential Services Laws (Amendment) Act, 1974 (Act No. XXXVI of 1974)", "8 Explanation 2 was added by section 3 of the Essential Services Laws (Amendment) Act, 1974 (Act No. XXXVI of 1974)", "9 Section 5A was added by section 3 of the Essential Services Laws (Amendment) Act, 1974 (Act No. XXXVI of 1974)" ], "name": "The Essential Services (Second) Ordinance, 1958 (East Pakistan Ordinance)", "num_of_sections": 8, "published_date": "16th July, 1958", "related_act": [ 75, 469, 430 ], "repelled": false, "sections": [ { "act_id": 279, "details": "1. (1) This Ordinance may be called the 2* * * Essential Services (Second) Ordinance, 1958. (2) It extends to the whole of 3Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 279, "details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- “employment” includes employment of any nature whether paid or unpaid.", "name": "Definition", "related_acts": "", "section_id": 2 }, { "act_id": 279, "details": "3. 4(1) This Ordinance shall apply to all employments under the Government, and to such other employment or class of employment 5* * *, as the Government, being of the opinion that such employment or class of employment is essential for the maintenance of public order or for maintaining services necessary to the life of the community, may, by notification in the official Gazette, declare to be an employment or class of employment to which this Ordinance applies. 6(2) A declaration under sub-section (1) shall remain in force for a period of six months, but the Government may, by notification in official Gazette, successively extend it for further periods not exceeding six months at a time.", "name": "Application of the Ordinance", "related_acts": "", "section_id": 3 }, { "act_id": 279, "details": "4. Any person engaged in any employment under the Government or in any employment or class of employment to which this Ordinance applies who,- (a)\tdisobeys any lawful order given in course of such employment, or attempts to persuade any person to disobey any such order, or  (b)\twithout reasonable excuse abandons such employment or absents himself from work, shall be guilty of an offence under this Ordinance. 7Explanation 1.- A person abandons his employment within the meaning of this section who, notwithstanding that it is an express or implied term of his contract of employment that he may terminate his employment on giving notice to his employer of his intention to do so, so terminates his employment without the previous consent of his employer. 8Explanation 2.- Absence from work in pursuance of any notice of strike given or purported to be given under any law shall not be deemed to be a reasonable excuse within the meaning of this section.", "name": "Offence", "related_acts": "", "section_id": 4 }, { "act_id": 279, "details": "5. Any person found guilty of an offence under this Ordinance shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.", "name": "Punishment", "related_acts": "", "section_id": 5 }, { "act_id": 279, "details": "95A. The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), or any other law for the time being in force.", "name": "Overriding Power of the Ordinance", "related_acts": "", "section_id": 6 }, { "act_id": 279, "details": "6. (1) No Magistrate other than a Magistrate of the first class shall try an offence under this Ordinance. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under this Ordinance shall be cognizable. (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, a Magistrate trying an offence under this Ordinance, shall have power to try such offence summarily and in trying such offences such Magistrates shall follow the procedure laid down in the Code of Criminal Procedure, 1898, for summary trial of summons cases.", "name": "Jurisdiction and mode of trial", "related_acts": "75,75,75", "section_id": 7 }, { "act_id": 279, "details": "7. Repeal and saving.- Repealed by section 2 and the Schedule of the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).", "name": "Repealed", "related_acts": "", "section_id": 8 } ], "text": "AND WHEREAS by a Proclamation dated the 25th day of June, 1958, under Article 193 of the Constitution of the Islamic Republic of Pakistan, the President has assumed to himself all the powers vested in, or exercisable by the Governor of East Pakistan;1♣ AND WHEREAS the President has, in pursuance of sub-clause (i) of clause (c) of the said Proclamation, been pleased to direct by notification No. 22/11/58-Pol. (I), dated the 4th July, 1958 published in the Extraordinary Gazette of Pakistan, dated the 4th July, 1958 that the powers vested in or exercisable by the Governor under the Constitution shall be exercised by the Governor; AND WHEREAS it is necessary to provide for powers for the maintenance of services essential to the life of the community and for the maintenance of public order; AND WHEREAS the National Assembly is not in session and the Governor is satisfied that the circumstances exist which render it necessary for him to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by Article 102 of the Constitution of the Islamic Republic of Pakistan and of all other powers enabling him in that behalf, the Governor is pleased to make and promulgate the following Ordinance, namely :-" }

{ "id": 280, "lower_text": [ "1 The words, comma, brackets and figures “Companies Act, 1994 (Act No. 18 of 1994)” were substituted for the words, comma, brackets and figures “Companies Act, 1913 (VII of 1913)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "2 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "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 comma and words “,with objects and business confined to the Province of East Pakistan” 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 commas and words “, with objects and business confined to the Province of East Pakistan,” 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 words, brackets and figures “sub-section (1) of section 277” were substituted for the words, brackets and figures “sub-section (1) of section 194” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "7 The word “Government” was substituted for the words “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 “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)" ], "name": "The Undesirable Companies (Second) Ordinance, 1958 (East Pakistan Ordinance)", "num_of_sections": 14, "published_date": "21st July, 1958", "related_act": [ 75, 388, 430, 175 ], "repelled": false, "sections": [ { "act_id": 280, "details": "1. (1) This Ordinance may be called the 2* * * Undesirable Companies (Second) Ordinance, 1958. (2) It extends to the whole of 3Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 280, "details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“specified purpose” means the promotion or the carrying on of any scheme or business (except the business authorised and carried on under the provisions of the Insurance Act, 1938) howsoever described or called, whereby, in consideration for a deposit or contribution, whether periodically or otherwise, of a sum of money in cash or by means of coupons, certificates, tickets or other documents, a payment of money or grant of property, right or benefit, directly or indirectly, and whether with or without any other right or benefit, to be determined by chance or lottery or any other like manner of the nature of a wager, is assured or promised to be made at a future date; (b)\t“undesirable company” means a company which 4* * * is registered under the Companies Act, 1994 (Act No. 18 of 1994), and carries on business for a specified purpose or for purposes which include or are calculated to include a specified purpose; and (c)\tall other words and expressions have the same meanings as assigned to them under the Companies Act, 1994 (Act No. 18 of 1994).", "name": "Definitions", "related_acts": "175", "section_id": 2 }, { "act_id": 280, "details": "3. (1) Notwithstanding anything in the Companies Act, 1994 (Act No. 18 of 1994), or in any other law for the time being in force, no association or other body of individuals which 5* * * carries or intends to carry on business for a specified purpose or for purposes which include or are calculated to include a specified purpose, shall, on and after the commencement of this Ordinance, be registered under the Companies Act, 1994 (Act No. 18 of 1994). (2) Registration in contravention of sub-section (1) shall be void.", "name": "Registration of undesirable companies prohibited", "related_acts": "", "section_id": 3 }, { "act_id": 280, "details": "4. (1) Every undesirable company existing immediately before the commencement of this Ordinance shall, on such commencement, cease to function and, notwithstanding anything in the Companies Act, 1994 (Act No. 18 of 1994), or in any other law for the time being in force, shall be wound up and dissolved in the manner provided in this Ordinance. (2) Any transaction with an undesirable company or with any officer or agent acting for or on behalf of such company shall be void. (3) Any officer or agent acting for or on behalf of any such company who, on or after the commencement of this Ordinance, carried on or, attempts to carry on the business of the company shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.", "name": "Existing undesirable companies to cease functioning", "related_acts": "", "section_id": 4 }, { "act_id": 280, "details": "5. (1) Any officer or agent acting for or on behalf of an undesirable company who has in his possession or under his control any cash belonging to the company shall, immediately after the commencement of this Ordinance, deposit or cause to be deposited such cash with the company's bankers. (2) Until such time as the official liquidator appointed under section 7 takes into his custody or under his control all the books, documents and assets of the company, including actionable claims to which the company is or appears to be entitled, every officer and agent acting for or on behalf of the company shall preserve all such books, documents, assets, property, effects and claims, and shall be jointly and severally liable for any loss or damage. (3) Any person who, with intent to evade the provisions of this Ordinance, conceals, destroys, mutilates or defaces any books, documents, assets, property, effects or claims, or knowingly allows such concealment, destruction, mutilation or defacement to be caused, shall, without prejudice to any liability to which he may be subject under sub-section (2), be punishable with imprisonment for a term which may extend to three years or with fine or with both.", "name": "Deposit of cash and preservation of assets, etc.", "related_acts": "", "section_id": 5 }, { "act_id": 280, "details": "6. (1) Within three days of the commencement of this Ordinance, or within such period as the Registrar may allow, the manager of an undesirable company shall submit to the Registrar a statement showing the assets and liabilities of the company. (2) Any one who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.", "name": "Statement of assets, etc., to be submitted to Registrar", "related_acts": "", "section_id": 6 }, { "act_id": 280, "details": "7. (1) As soon as may be after receipt of the statement submitted under sub-section (1) of section 6, the Registrar shall make a petition to the Court for winding up the company, and thereupon the Court shall make an order for the winding up of the company and, unless the Registrar nominates an officer for the purpose, shall appoint the Registrar as the official liquidator for such winding up. (2) If the Registrar is unable to act as official liquidator and nominates an officer to act as such liquidator, the Court shall appoint that officer as the official liquidator for the winding up of the company. (3) After the official liquidator has been appointed under this section, the provisions of the Companies Act, 1994 (Act No. 18 of 1994) relating to the winding up by Court of a registered company shall mutatis mutandis apply in relation to the winding up of the company in respect of which the petition has been made under sub-section (1).", "name": "Winding up of undesirable companies", "related_acts": "", "section_id": 7 }, { "act_id": 280, "details": "8. When the affairs of an undesirable company have been completely wound up, the company shall be deemed to have been dissolved under 6sub-section (1) of section 277 of the Companies Act, 1994 (Act No. 18 of 1994).", "name": "Dissolution of undesirable companies", "related_acts": "", "section_id": 8 }, { "act_id": 280, "details": "9. (1) Where the Registrar has reason to believe that a company is an undesirable company or that an undesirable company is carrying on business in contravention of section 4, he or any officer authorised by him in this behalf may- (a) \tdirect any person to give such information in his possession with respect to any business carried on by that company as he may demand; (b)\tinspect or cause to be inspected any book or other document belonging to or under the control of the company or any officer thereof; (c)\tenter and search or authorise any person to enter and search any premises, and seize or authorise any person to seize any book or other document belonging to or under the control of the company or any officer thereof. (2) If the Registrar is satisfied that a company is an undesirable company or that an undesirable company is carrying on business in contravention of section 4, he shall by order in writing, direct the manager of the company to hand over the management of the company to a person to be appointed by the Registrar for the purpose, and the manager shall forthwith hand over the management of the company to such person. (3) The person to whom management is handed over in pursuance of sub-section (2) shall be deemed to be the manager of the company, and the other provisions of this Ordinance shall apply accordingly. (4) Whoever fails to comply with any direction given under sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.", "name": "Power to call for certain information, etc.", "related_acts": "", "section_id": 9 }, { "act_id": 280, "details": "10. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, any offence punishable under this Ordinance shall be cognizable and non-bailable.", "name": "Offences to be cognizable and non-bailable", "related_acts": "75", "section_id": 10 }, { "act_id": 280, "details": "11. No Court shall take cognizance of any offence under this Ordinance except with the previous consent of the Registrar in writing.", "name": "Cognizance by Court with consent of Registrar", "related_acts": "", "section_id": 11 }, { "act_id": 280, "details": "12. Any Magistrate or bench of Magistrates 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 the said Code any offence punishable under this Ordinance.", "name": "Summary trial", "related_acts": "75", "section_id": 12 }, { "act_id": 280, "details": "13. The 7Government may make rules to carry out the purposes of this Ordinance, and such rules may provide that the breach of any of them shall be punishable with imprisonment for a term not exceeding one year or with fine not exceeding one thousand 8taka or with both.", "name": "Power to make rules", "related_acts": "", "section_id": 13 }, { "act_id": 280, "details": "14. Repeal and savings.- Repealed by section 2 and the Schedule of the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).", "name": "Repealed", "related_acts": "", "section_id": 14 } ], "text": "1♣ WHEREAS by a Proclamation dated the 25th June, 1958 under Article 193 of the Constitution of the Islamic Republic of Pakistan, the President has assumed to himself all the powers vested in, or exercisable by, the Governor of East Pakistan; AND WHEREAS the President has, in pursuance of sub-clause (i) of clause (c) of the said Proclamation, been pleased to direct by notification No. 22/11/58-Poll. (I), dated the 4th July, 1958 published in the Extraordinary Gazette of Pakistan, dated the 4th July, 1958 that the power vested in, or exercisable by, the Governor under the Constitution shall be exercisable by the Governor; AND WHEREAS it is expedient to prohibit the registration of companies for carrying on business in East Pakistan for certain undesirable purposes and for the winding up and dissolution of such companies; AND WHEREAS the National Assembly is not in session and the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by Article 102 of the Constitution of the Islamic Republic of Pakistan and of all other powers enabling him in that behalf, the Governor is pleased to make and promulgate the following Ordinance, namely:-" }

{ "id": 281, "lower_text": [ "1 Throughout this Ordinance, the word “Government” was substituted for the words “Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act VIII of 1973)", "2 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "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 VIII of 1973)", "4 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "5 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "6 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The Commissions of Inquiry (Second) Ordinance, 1958 (East Pakistan Ordinance No. LI of 1958).", "num_of_sections": 13, "published_date": "22nd July, 1958", "related_act": [ 388, 75, 430, 86 ], "repelled": false, "sections": [ { "act_id": 281, "details": "1. (1) This Ordinance may be called the 2* * * Commissions of Inquiry (Second) Ordinance, 1958. (2) It extends to the whole of 3Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 281, "details": "2. In this Ordinance unless there is anything repugnant in the subject or context,- (a)\t“Commission” means a Commission of Inquiry appointed or deemed to have been appointed under section 3; (b)\t“prescribed” means prescribed by rules made under section 12; and (c)\t“President” means the President of the Commission.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 281, "details": "3. (1) The Government may, if it is of opinion that it is necessary so to do, by notification in the official Gazette, appoint a Commission of Inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the Commission so appointed shall make the inquiry and perform the functions accordingly. (2) The Commission may consist of one or more members appointed by the Government, and where the Commission consists of more than one member, one of them may be appointed as the President thereof.", "name": "Appointment of Commission", "related_acts": "", "section_id": 3 }, { "act_id": 281, "details": "4. The Commission shall have the powers of a Civil Court, while trying a suit under the Code of Civil Procedure, 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; (d) \tissuing commissions for the examination of witnesses or documents.", "name": "Powers of Commission", "related_acts": "86", "section_id": 4 }, { "act_id": 281, "details": "5. (1) Where the Government is of opinion that, having regard to the nature of the inquiry to be made and other circumstances of the case, all or any of the provisions of sub-section (4) or sub-section (5) or sub-section (6) of this section should be made applicable to a Commission, the Government may, by notification in the official Gazette, direct that all or such of the said provisions as may be specified in the notification shall apply to that Commission and on the issue of such a notification, the said provisions shall apply accordingly. (2) The Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject-matter of the inquiry. (3) The President or any officer, not below the rank of a Gazetted Officer, specially authorised in this behalf by the President, may enter any building or place where the Commission has reason to believe that any books of account or other documents relating to the subject-matter of the inquiry may be found, and may seize any such books of account or documents or take extracts or copies therefrom subject to the provisions of section 102 and section 103 of the Code of Criminal Procedure, 1898, in so far as they may be applicable. (4) The Commission shall be deemed to be a Civil Court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the 4* * * Penal Code, is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1898, forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the Code of Criminal Procedure, 1898. (5) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the 5* * * Penal Code. (6) The Commission shall have the powers of a Civil Court, while trying a suit under the Code of Civil Procedure, 1908, in respect of requisitioning any public record or copy thereof from any court or office.", "name": "Additional powers of Commission", "related_acts": "75,75,75,86", "section_id": 5 }, { "act_id": 281, "details": "6. No statement made by a person in the course of giving evidence before the Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: Provided that the statement- (a) \tis made in reply to a question which he is required by the Commission to answer; or (b) \tis relevant to the subject-matter of inquiry.", "name": "Statement made by the persons to the Commission", "related_acts": "", "section_id": 6 }, { "act_id": 281, "details": "7. The Government may, if it is of opinion that the continued existence of a Commission is unnecessary, by notification in the official Gazette, declare that the Commission shall cease to exist from such date as may be specified in this behalf in such notification, and thereupon, the Commission shall cease to exist.", "name": "Commission to cease to exist when notified", "related_acts": "", "section_id": 7 }, { "act_id": 281, "details": "8. The Commission shall, subject to any rules that may be made in this behalf, have power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private) and may act notwithstanding the temporary absence of any member or the existence of a vacancy among its members.", "name": "Procedure to be followed by the Commission", "related_acts": "", "section_id": 8 }, { "act_id": 281, "details": "9. No suit or other legal proceedings shall lie against the Government, the Commission or any member thereof, or any person acting under the direction either of the Government or of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of this Ordinance or of any rules or orders made thereunder or in respect of the publication, by or under the authority of the Government or the Commission, of any report, paper or proceedings.", "name": "Protection of action taken in good faith", "related_acts": "", "section_id": 9 }, { "act_id": 281, "details": "10. Every member of the Commission and every officer appointed or authorised by the Commission to exercise functions under this Ordinance shall be deemed to be a public servant within the meaning of section 21 of the 6* * * Penal Code.", "name": "Members, etc., to be public servants", "related_acts": "", "section_id": 10 }, { "act_id": 281, "details": "11. Where any Commission has been appointed under any Resolution of the Government for the purpose of making an inquiry into any definite matter of public importance before the coming into force of this Ordinance, such Commission shall be deemed to be a Commission appointed under section 3 and the provision of this Ordinance shall apply accordingly.", "name": "Ordinance to apply to Inquiry Commissions set up before the promulgation of the Ordinance", "related_acts": "", "section_id": 11 }, { "act_id": 281, "details": "12.\tThe Government may, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance.", "name": "Power to make rules", "related_acts": "", "section_id": 12 }, { "act_id": 281, "details": "13. Repealed by Section 3 and the Second Schedule of The East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966.", "name": "Repealed", "related_acts": "", "section_id": 13 } ], "text": "1♣ WHEREAS by a Proclamation dated the 25th day of June, 1958, under Article 193 of the Constitution of the Islamic Republic of Pakistan, the President has assumed to himself all the powers vested in, or exercisable by, the Governor of East Pakistan; AND WHEREAS the President has, in pursuance of sub-clause (i) of clause (c) of the said Proclamation, been pleased to direct by notification No. 22/11/58-Pol. (1), dated the 4th July, 1958, published in the Extraordinary Gazette of Pakistan, dated the 4th July, 1958 that the power vested in or exercisable by the Governor under the Constitution shall be exercised by the Governor; AND WHEREAS it is expedient to provide for the appointment of Commissions of Inquiry and for vesting such Commissions with certain powers; AND WHEREAS the National Assembly is not in session and the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action; NOW, THEREFORE, in exercise of the power conferred by Article 102 of the Constitution of the Islamic Republic of Pakistan and of all other powers enabling him in that behalf, the Governor is pleased to make and promulgate the following Ordinance, namely:-" }

{ "id": 282, "lower_text": [ "1 The words “East Pakistan” were omitted by section 4 of the Inland Water Transport Authority (Amendment) Ordinance, 1977 (Ordinance No. LV of 1977)", "2 Sub-section (2) was substituted by section 2 of the Inland Water Transport Authority (Amendment) Act, 1997 (Act No. IX of 1997)", "3 Sub-sections (1) and (1A) were substituted for sub-section (1) by section 5 of the Inland Water Transport Authority (Amendment) Ordinance, 1977 (LV of 1977)", "4 Sub-section (1A) was substituted by section 3 of the Inland Water Transport Authority (Amendment) Act, 1997 (Act No. IX of 1997)", "5 The words “the Republic” were substituted for the word “Pakistan” by section 6 of the Inland Water Transport Authority (Amendment) Ordinance, 1977 (Ordinance No. LV of 1977)", "6 Sub-section (1) was substituted by section 7 of the Inland Water Transport Authority (Amendment) Ordinance, 1977 (Ordinance No. LV of 1977)", "7 Section 13A was inserted by section 4 of the Inland Water Transport Authority (Amendment) Act, 1997 (Act No. IX of 1997)", "8 Section 14 was substituted by section 5 of the Inland Water Transport Authority (Amendment) Act, 1997 (Act No. IX of 1997)", "9 The words, figures and comma “section 59 of the Inland Shipping Ordinance, 1976” were substituted for the words, figures and comma “section 54A of the Inland Mechanically Propelled Vessels Act, 1917” by section 8 of the Inland Water Transport Authority (Amendment) Ordinance, 1977 (Ordinance No. LV of 1977)", "10 The word “Bangladesh” was substituted for the word “Pakistan” by section 8 of the Inland Water Transport Authority (Amendment) Ordinance, 1977 (Ordinance No. LV of 1977)", "11 The words “maintain liaison with the Central Government and” were omitted by section 8 of the Inland Water Transport Authority (Amendment) Ordinance, 1977 (Ordinance No. LV of 1977)", "12 The words “development schemes” were substituted for the word “schemes” by section 6 of the Inland Water Transport Authority (Amendment) Act, 1997 (Act No. IX of 1997)", "13 Sub-section (2) was substituted by section 6 of the Inland Water Transport Authority (Amendment) Act, 1997 (Act No. IX of 1997)", "14 The word “Pakistan” was omitted by section 9 of the Inland Water Transport Authority (Amendment) Ordinance, 1977 (Ordinance No. LV of 1977)", "15 The words, figures and comma “Inland Shipping Ordinance, 1976” were substituted for the words, figures and comma “Inland Mechanically Propelled Vessels Act, 1917” by section 10 of the Inland Water Transport Authority (Amendment) Ordinance, 1977 (Ordinance No. LV of 1977)", "16 Clause (cc) was inserted by section 3 of the East Pakistan Inland Water Transport Authority (Second Amendment) Ordinance, 1959 (East Pakistan Ordinance No. XV of 1959)", "17 Sections 19A and 19B were inserted by section 4 of the East Pakistan Inland Water Transport Authority (Amendment) Act, 1967 (East Pakistan Act No. X of 1967)", "18 The word “Bengal” was omitted by section 11 of the Inland Water Transport Authority (Amendment) Ordinance, 1977 (Ordinance No. LV of 1977)", "19 Section 23 was substituted by section 8 of the Inland Water Transport Authority (Amendment) Act, 1997 (Act No. IX of 1997)", "20 Section 24 was substituted by section 9 of the Inland Water Transport Authority (Amendment) Act, 1997 (Act No. IX of 1997)" ], "name": "The Inland Water Transport Authority Ordinance, 1958 (East Pakistan Ordinance)", "num_of_sections": 29, "published_date": "31st October, 1958", "related_act": [ 103, 527, 528, 531, 442 ], "repelled": false, "sections": [ { "act_id": 282, "details": "1.\t(1) This Ordinance may be called the 1* * * Inland Water Transport Authority Ordinance, 1958.\t\t(2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 282, "details": "2.\tIn this Ordinance, unless there is anything repugnant in the subject or context,- (i) “Authority” means the Bangladesh Inland Water Transport Authority established under section 3 of this Ordinance; (ii) \t“Chairman” means the Chairman appointed under section 4 of this Ordinance; and (iii)\t“Prescribed” means prescribed by rule made under this Ordinance.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 282, "details": "3.\t(1) The Government may, by notification in the official Gazette, establish an Authority to be known as the Bangladesh Inland Water Transport Authority for carrying out the purposes of this Ordinance. 2(2) The Authority shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, and any other law for the time being in force, to acquire, hold and dispose of, by lien, mortgage, sale, alienation or otherwise, property, both movable and immovable, and shall by the said name sue and be sued.", "name": "Establishment and Incorporation of Authority", "related_acts": "", "section_id": 3 }, { "act_id": 282, "details": "4.\t 3(1) The Authority shall consist of a Chairman and such number of members as the Government may, from time to time, determine. 4(1A) The Chairman and Members of the Authority shall be the whole time Officers of the Authority and shall be appointed by the Government on such terms and conditions as it may determine. (2) The term of office of the Chairman shall be five years and that of a member three years. (3) Omitted by section 3 of the Inland Water Transport Authority (Amendment) Act, 1997 (Act No. IX of 1997). (4) Any person ceasing to be the Chairman or member by reason of the expiry of the term of his office shall be eligible for re-appointment for another term or for such shorter term as the Government may decide. (5) The Chairman or any member may at any time resign: Provided that his resignation shall not take effect until accepted by the Government. (6) In the case of temporary absence of the Chairman or any member, the Government may appoint a Chairman or a member, as the case may be, for the period of absence.", "name": "Appointment and term of office of Chairman and Members", "related_acts": "", "section_id": 4 }, { "act_id": 282, "details": "5. The Chairman and each member shall receive such salary and allowances and be subject to such conditions of service as may be prescribed by the Government, and shall perform such duties as are assigned to them under this Ordinance or by any rules framed under it.", "name": "Remuneration and conditions of service", "related_acts": "", "section_id": 5 }, { "act_id": 282, "details": "6. The Government may, by notification in the official Gazette, remove the Chairman or any member- (a) \tif he refuses or fails to discharge or becomes, in the opinion of the Government, incapable of discharging his responsibilities under this Ordinance; or (b)\tif he has been declared insolvent; or (c)\tif he has been declared to be disqualified for employment in, or has been dismissed from the service of 5the Republic, or has been convicted of an offence involving moral turpitude; or (d)\tif he has knowingly acquired or continued to hold without the permission in writing of the Government, directly or indirectly or through a partner, any share or interest in any contract or employment with or by or on behalf of the Authority, or in any land or property which, in his knowledge, is likely to benefit him or has benefited him as a result of the operation of the Authority.", "name": "Removal of Chairman or Members", "related_acts": "", "section_id": 6 }, { "act_id": 282, "details": "7.\t(1) The Authority shall meet at such time and place and in such manner, as may be prescribed: Provided that until rules are made in this behalf, such meetings shall be convened by the Chairman. (2) The Chairman, or in his absence a member authorised by him, and one other member shall be present to constitute a quorum at a meeting of the Authority. (3) The Chairman shall have power to vote in a meeting of the Authority and in the case of equality of votes he shall have a casting vote also.", "name": "Meetings of Authority", "related_acts": "", "section_id": 7 }, { "act_id": 282, "details": "8. 6(1) The Government may constitute, as and when it considers necessary so to do, an Advisory Committee consisting of the Chairman who shall also be the Chairman of the Committee and such number of other members as the Government may deem fit. (2) Secretary of the Authority shall act as the Secretary of the Advisory Committee. (3) The Advisory Committee shall meet at least once in every three months and the meetings of the Advisory Committee shall be called by the Chairman. (4) The members of the Advisory Committee shall be entitled to such fees and allowances as may be prescribed. (5) The Advisory Committee may advise the Authority in respect of all matters relating to the development, maintenance and operation of inland water transport and of inland waterways in Bangladesh. (6) Omitted by section 7 of the Inland Water Transport Authority (Amendment) Ordinance, 1977 (Ordinance No. LV of 1977).", "name": "Advisory Committee", "related_acts": "", "section_id": 8 }, { "act_id": 282, "details": "9. If, in the opinion of the Government, the Authority have shown their incompetency, to perform or have persistently made default in the performance of the duties imposed on them by or under this Ordinance or have exceeded or abused their powers, the Government may, by an order published in the official Gazette, supersede them for a period specified in the order: Provided that the Government before six months of such order or supersession shall give notice to the Authority to show cause why such action shall not be taken and also to provide them an opportunity to take remedial measures: Provided further that except in case of misappropriation of Authority funds or persistent default in the performance of duties by the Authority the Government shall not ordinarily exercise powers under this section.", "name": "Powers of the Government to supersede the Authority", "related_acts": "", "section_id": 9 }, { "act_id": 282, "details": "10.\t(1) The Authority may associate with themselves any person whose assistance or advice they may desire in carrying out any of the provisions of this Ordinance. (2) A person associated with themselves by the Authority under sub-section (1) for any purpose shall have a right to take part in the discussions of the Authority.", "name": "Temporary association of members with the Authority for particular purposes", "related_acts": "", "section_id": 10 }, { "act_id": 282, "details": "11.\tThe Authority may constitute sub-committees from amongst the members of the Advisory Committee constituted under section 8 and associated members under section 10 of this Ordinance to study and advise on the specific local requirements.", "name": "Sub-Committees", "related_acts": "", "section_id": 11 }, { "act_id": 282, "details": "12.\tThe Authority may, subject to such conditions as may be prescribed, determine the number, designation and grade of officers and servants whom the Authority consider necessary to employ for the purpose of this Ordinance and the amount and nature of salary and allowances to be paid to each such officer and servant.", "name": "Determination of number, designation, etc., of officers and servants of the Authority", "related_acts": "", "section_id": 12 }, { "act_id": 282, "details": "13.\tThe power of appointing, promoting and granting leave to officers and servants of the Authority and reducing in rank, suspending and dismissing them for misconduct, shall, subject to such conditions as may be prescribed, be vested in the Authority.", "name": "Power of appointment, suspension, etc., of officers and servants of the Authority", "related_acts": "", "section_id": 13 }, { "act_id": 282, "details": "713A. Notwithstanding anything contained in this Ordinance or in any other law, rule or regulation for the time being in force, the Government may, if it considers necessary in the public interest, transfer on deputation any Officer of the Authority to Chittagong Port Authority established under the Chittagong Port Authority Ordinance, 1976 (LII of 1976) and Mongla Port Authority established under the Mongla Port Authority Ordinance, 1976 (LIII of 1976) and vice versa.", "name": "Transfer of Officers on deputation", "related_acts": "527,528", "section_id": 14 }, { "act_id": 282, "details": "814. The Authority may by general or special order, delegate to Chairman or a Member or an Officer of the Authority any of its powers, duties or functions under this Ordinance subject to such conditions as it may think fit to impose.", "name": "Delegation of powers to Chairman, etc.", "related_acts": "", "section_id": 15 }, { "act_id": 282, "details": "15.\t(1) The Authority may perform any or all of the following functions, namely:- (i) \tcarry out river conservancy works including river training works for navigational purposes and for provision of aids to navigation, including marks, buoys, lights and semaphore signals; (ii)\tdisseminate navigational and meteorological information including publishing river charts; (iii)\tmaintain pilotage and hydrographic survey services; (iv)\tdraw up programmes of dredging requirements and priorities for efficient maintenance of existing navigable waterways, and for resuscitation of dead or dying rivers, channels, or canals, including development of new channels and canals for navigation; (v)\tdevelop, maintain and operate inland river ports, landing ghats and terminal facilities in such ports or ghats; (vi)\tcarry out removal of wrecks and obstructions in inland navigable waterways; (vii)\tconduct traffic surveys to establish passenger and cargo requirements on the main rivers, feeders and creek routes; (viii) develop the most economical facilities for passenger traffic to ensure comfort, safety and speed on mechanised craft; (ix)\tfix maximum and minimum fares and freight rates for Inland Water Transport on behalf of the Government as provided in 9section 59 of the Inland Shipping Ordinance, 1976; (x)\tapprove time-tables for passenger services; (xi)\tdevelop rural water transport by progressing of schemes for modernising and mechanising country craft; (xii) \tensure co-ordination of Inland Water Transport with other forms of transport, with major sea ports, and with trade and agricultural interests for the optimum utilisation of the available transport capacity; (xiii) conduct research in matters relating to Inland Water Transport including development of- (a)\tcraft design, (b)\ttechnique of towage, (c)\tlanding and terminal facilities, (d)\tport installations; (xiv) arrange programmes of technical training for Inland Water Transport personnel within and outside 10Bangladesh; (xv)\tmaintain liaison with the shipyard and ship repair industry to meet the requirements of the Inland Water Transport fleet repairs and new constructions; (xvi) 11* * * facilitate import of repair materials for the Inland Water Transport Industry; (xvii) prepare plans or 12development schemes for carrying out any of the above mentioned functions; (xviii) any other function or functions which the Government may, from time to time, prescribe. 13(2) The procedure prescribed by the Government from time to time for preparation and approval of development scheme shall apply in the matter of preparation and approval of development scheme of the Authority; (3) Omitted by section 6 of the Inland Water Transport Authority (Amendment) Act, 1997 (Act No. IX of 1997).", "name": "Functions of the Authority", "related_acts": "531", "section_id": 16 }, { "act_id": 282, "details": "(4) The Authority shall, subject to permission and approval of the Government, have powers to enforce rules and regulations or any laws, either wholly or in part, pertaining to inland waterways and the control of traffic thereon.", "name": "Powers regarding enforcement of certain rules, regulations and laws made by the Government", "related_acts": "", "section_id": 17 }, { "act_id": 282, "details": "16. Amendment and sanction of schemes.- Omitted by section 7 of the Inland Water Transport Authority (Amendment) Act, 1997 (Act No. IX of 1997).", "name": "Omitted.", "related_acts": "", "section_id": 18 }, { "act_id": 282, "details": "17.\t(1) The Chairman, Members, officers and servants of the Authority shall, when acting or purporting to act in pursuance of any of the provisions of this Ordinance, be deemed to be public servants within the meaning of section 21 of the 14* * * Penal Code. (2) No suit, prosecution or other legal proceedings shall lie against the Authority, the Chairman, Members or officers and servants of the Authority in respect of anything done or intended to be done, in good faith under this Ordinance.", "name": "Immunity of the Authority and its employees", "related_acts": "", "section_id": 19 }, { "act_id": 282, "details": "18.\t(1) The Authority shall submit to the Government, as soon as possible after the end of every financial year but before the last day of March next following, a report on the conduct of their affairs for that year. (2) The Government may require the Authority to furnish:- (i) \tany return, statement, estimate, statistics or other information regarding any matter under the control of the Authority, or (ii) \ta report on any such matter, or (iii)\ta copy of any document in the charge of the Authority, and the Authority shall comply with every such requisition.", "name": "Submission of yearly reports and returns, etc.", "related_acts": "", "section_id": 20 }, { "act_id": 282, "details": "19. (1) There shall be a fund to be known as the “Authority Fund” vested in the Authority which shall be utilised by the Authority to meet charges in connection with their functions under this Ordinance including the payment of salaries and other remunerations to the Chairman and Members of the Authority and to their officers and servants. (2) The Authority Fund shall consist of- (a) \tgrants made by the Government; (b) \tloans obtained from the Government; (c) \ttolls, taxes or fees in respect of the following items:- (i) \tinland waterways and the traffic thereon, (ii) \tshipping and navigation on tidal waters, (iii) \tgoods and passengers carried on inland waterways, (iv) \tboats, launches and steamers on inland waters, (v) \ttolls for maintenance of navigable waterways, (vi)\tterminal taxes and other dues at inland ports, And (vii)\tfees for river conservancy works and pilotage services: Provided that the following shall not form part of the Authority Fund:- (i) fees levied under Chapter II and III of the 15Inland Shipping Ordinance, 1976. (ii) taxes reserved for specified purposes. 16(cc) The Government may empower the Authority to realise any or all of the tolls, taxes or fees specified in clause (c) of this sub-section. (d)\tsale-proceeds of bonds issued under the authority of the Government; (e)\tloans or grants obtained by the Authority with the special or general sanction of the Government; (f)\tforeign aid and loans obtained from the Development Loan Fund or the International Bank of Reconstruction and Development or otherwise, with the sanction of, and on such terms and conditions as may be approved by the Government; and (g)\tall other sums received by the Authority. (3) The Government may levy tolls, taxes, fees or charges, in respect of all or any of the items, as specified in clause (c) of sub-section (2), at such rate and in such manner as are and/or as may be prescribed.", "name": "Authority Fund", "related_acts": "531", "section_id": 21 }, { "act_id": 282, "details": "1719A. Power of the Government to levy tolls, taxes, fees or charges.- Omitted by section 4 of the East Pakistan Inland Water Transport Authority (Amendment) Ordinance, 1970 (East Pakistan Ordinance No. IX of 1970).", "name": "Omitted.", "related_acts": "", "section_id": 22 }, { "act_id": 282, "details": "19B. Tolls, taxes, fees or charges levied under sub-section (3) of section 19 shall be recoverable as arrear of Land Revenue under the 18* * * Public Demands Recovery Act, 1913.", "name": "Recovery of tolls, taxes, fees, etc.", "related_acts": "", "section_id": 23 }, { "act_id": 282, "details": "20. The Authority shall be deemed to be a local authority under the Local Authorities Loans Act, 1914 for the purpose of borrowing money under the said Act, and the making and execution of any scheme under this Ordinance shall be deemed to be a work which such authority is legally authorised to carry out.", "name": "Authority to be deemed to be a local authority", "related_acts": "103", "section_id": 24 }, { "act_id": 282, "details": "21. The liability of the Government to the creditors of the Authority shall be limited to the extent of grants made by the Government and the loans raised by the Authority with the sanction of the Government.", "name": "Limited liability", "related_acts": "", "section_id": 25 }, { "act_id": 282, "details": "22. The Authority shall maintain complete and accurate books of accounts in such form as may be prescribed by the Government.", "name": "Maintenance of accounts", "related_acts": "", "section_id": 26 }, { "act_id": 282, "details": "1923. The Authority shall, by such date in each year as may be prescribed, submit to the Government for approval a budget in the prescribed form for next financial year showing the estimated receipts and expenditure and the sums which are likely to be required from the Government during that financial year.", "name": "Budget", "related_acts": "", "section_id": 27 }, { "act_id": 282, "details": "2024. (1) Without prejudice to the provisions of the Comptroller and Auditor General (Additional Functions) Act, 1974 (XXIV of 1974), the accounts of the Authority shall be audited by not less than two Auditors, being Chartered Accountants within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), who shall be appointed by the Authority, with the approval of the Government, on such remuneration to be paid by the Authority as the Government may fix. (2) The Authority shall carry out any directive issued by the Government for rectification of an audit objection.", "name": "Audit", "related_acts": "442", "section_id": 28 }, { "act_id": 282, "details": "25. The Government may make rules for carrying out the purposes of the Ordinance not otherwise specifically provided for.", "name": "Power to make rules", "related_acts": "", "section_id": 29 } ], "text": "♣An Ordinance to set up an Authority for development, maintenance and control of inland water transport and of certain inland navigable waterways * * *. WHEREAS it is necessary to make provisions for setting up of an Authority for the development, maintenance and control of inland water transport and of certain inland navigable waterways in Bangladesh; AND WHEREAS the Provincial Assembly of East Pakistan has been dissolved with the abrogation of the Constitution by the Proclamation of the President on 7th October, 1958; AND WHEREAS the Governor of a Province has been vested with the powers of promulgating Ordinance as if clauses (1) and (3) of Article 102 of the late Constitution are still in force; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 5 of the Laws (Continuance in Force) Order, 1958, promulgated by the President of Pakistan on the 10th October, 1958 and of all other powers enabling him in that behalf the Governor of East Pakistan is pleased to make and promulgate the following Ordinance:-" }

{ "id": 283, "lower_text": [ "1 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 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 VIII of 1973)", "3 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Bangladesh Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The Finance (Third) Ordinance, 1958 (East Pakistan Ordinance)", "num_of_sections": 4, "published_date": "26th December, 1958", "related_act": [ 388, 604, 430 ], "repelled": false, "sections": [ { "act_id": 283, "details": "1. (1) This Ordinance may be called the 1* * * Finance (Third) Ordinance, 1958. (2) It extends to the whole of 2Bangladesh.", "name": "Short title and extent", "related_acts": "", "section_id": 1 }, { "act_id": 283, "details": "2. (1) There shall be levied and collected by the Government a development and relief tax from every tenant at the rate of four annas on each taka of rent payable by him in respect of the land comprised in his tenancy with effect from the 1st day of Baishakh, 1365 : Provided that when such land is held free of rent, such development and relief tax shall be levied and collected at the rate of four annas on each taka of rent that would be assessable on such land on the principles laid down in section 26 of the 3* * * State Acquisition and Tenancy Act, 1950. (2) The development and relief tax levied under sub-section (1) shall be realised in the manner in which rent is realised by the Government.", "name": "Levy of development and relief tax", "related_acts": "", "section_id": 2 }, { "act_id": 283, "details": "3. Levy of additional stamp duty and manner of realization.- Omitted by section 10 of the Finance Act, 1980 (Act No. XXIII of 1980).", "name": "Omitted", "related_acts": "604", "section_id": 3 }, { "act_id": 283, "details": "4. Repeal of section 2 of E.P. Act XII of 1958.- Repealed by section 3 and the Third Schedule of the Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).", "name": "Repealed", "related_acts": "", "section_id": 4 } ], "text": "An Ordinance to raise funds for the augmentation of the revenues of the Province and for that purpose to levy certain taxes.♣ WHEREAS it is expedient to raise funds for augmentation of the revenues of the Province and for that purpose to levy certain taxes as hereinafter provided; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the 7th day of October, 1958 and in exercise of the powers enabling him in that behalf, the Governor is pleased to make and promulgate the following Ordinance, namely:-" }

{ "id": 284, "lower_text": [ "1 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)", "2 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "3 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The Sairat Mahals (Management) Ordinance, 1959 (East Pakistan Ordinance)", "num_of_sections": 5, "published_date": "12th January, 1959", "related_act": [ 388, 430 ], "repelled": false, "sections": [ { "act_id": 284, "details": "1. (1) This Ordinance may be called the Sairat Mahals (Management) Ordinance, 1959. (2) It extends to the whole of 1Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 284, "details": "2. (1) Where any share of any hat, bazar, fishery or ferry has vested in the Government as a result of acquisition under the 2* * * State Acquisition and Tenancy Act, 1950, or otherwise, the Government may, by notification in the official Gazette, assume the right of possession, management and control of the remaining share or shares of such hat, bazar, fishery or ferry. (2) Immediately upon the publication of a notification under sub-section (1), the right of possession, management and control of such share or shares in the hat, bazar, fishery or ferry shall pass on to the Government. (3) Where the right of possession, management and control of any share in any hat, bazar, fishery or ferry has passed on to the Government under sub-section (2), the owner of such share shall, from the date of such passing on till the date of vesting of such share in the Government as a result of acquisition under the provisions of the 3* * * State Acquisition and Tenancy Act, 1950, or otherwise, receive from the Government in respect of such share as compensation for use and occupation for each year or part of a year an amount which will bear such proportion to the net income realised by the Government for the entire property for that year or part of a year as such share bears to the whole property. (4) In calculating the net income referred to in sub-section (3) for any such property for any year or part of a year, there shall be deducted from the gross proceeds received by the Government from such property on account of such year or part of a year,- (a) \tany rent payable on account of such year or part of a year for such property to any superior landlord whose interests have not been acquired; (b)\tall expenses incurred for khas management of the property where the Government manages the property in khas; (c)\tin case the property is let out by the Government, the cost of advertisement and holding the sale, any refund or abatement that may have to be made to the lessee under the terms of the lease and other expenses, if any, incurred by the Government in connection with the management of such property.", "name": "Assumption of possessions management and control by the Government", "related_acts": "", "section_id": 2 }, { "act_id": 284, "details": "3. No Court shall entertain any suit or proceeding to restrain the Government from assuming the right of possession, management and control of any share in any hat, bazar, fishery or ferry in pursuance of any notification issued under sub-section (1) of section 2.", "name": "Bar to the jurisdiction of Courts", "related_acts": "", "section_id": 3 }, { "act_id": 284, "details": "4. The Government may, at any time, by notification in the official Gazette, relinquish possession, management and control of a share or shares of which possession, management and control have been assumed under section 2 and upon publication of such notification, the right of possession, management and control shall pass back to the previous owners.", "name": "Relinquishment of possession, management, etc", "related_acts": "", "section_id": 4 }, { "act_id": 284, "details": "5. The Government may, by notification in the official Gazette, make rules for the purpose of carrying into effect the provisions of this Ordinance.", "name": "Power to make rules", "related_acts": "", "section_id": 5 } ], "text": "♣WHEREAS shares in some hats, bazars, fisheries and ferries, have vested in the Government as a result of acquisition of interests under provisions of the * * * State Acquisition and Tenancy Act, 1950, or otherwise; AND WHEREAS joint ownership of such hats, bazars, fisheries and ferries by the Government along with others has often led and is likely to lead to unnecessary litigation, double realisation of tolls, breach of the peace and harassment to the public in other ways; AND WHEREAS with a view to removing such difficulties, it is necessary to make provisions for the management and control by the Government of the shares of such hats, bazars, fisheries and ferries held by others; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the 7th day of October, 1958 and in exercise of all powers enabling him in that behalf, the Governor is pleased to make and promulgate the following Ordinance, namely:-" }

{ "id": 285, "lower_text": [ "1 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 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)", "3 The word “Government” was substituted for the words “Provincial 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 “Tk” was substituted for the word “Rs” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Cattle (Prevention of Trespass) Ordinance, 1959 (East Pakistan Ordinance)", "num_of_sections": 3, "published_date": "24th January, 1959", "related_act": [ 388, 430 ], "repelled": false, "sections": [ { "act_id": 285, "details": "1. (1) This Ordinance may be called the 1* * * Cattle (Prevention of Trespass) Ordinance, 1959. (2) It extends to the whole of 2Bangladesh. (3) It shall come into force on such date and in such areas as the 3Government may, by notification in the official Gazette, direct.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 285, "details": "2. (1) Any Police officer may take charge of any cattle which may be found straying in any street or trespassing on any land, and doing damage thereto or to the crop or produce thereon and may take or send the same to the nearest pound. (2) If any cattle is found straying in a street or trespassing on any land or doing damage thereto or to any plant or crop or produce thereon with the knowledge or connivance of the\tkeeper or where there is no keeper, the owner, such keeper or owner, as the case may be, shall, on conviction by a Magistrate, be punishable with fine which may extend to 4Tk 200.", "name": "Prevention of trespass and damage by cattle", "related_acts": "", "section_id": 2 }, { "act_id": 285, "details": "3. (1) All words and expressions used in this Ordinance and defined in the Cattle Trespass Act, 1871, shall be deemed to have the meanings respectively attributed to them by that Act. (2) The provisions of this Ordinance shall be in addition to and not in derogation of the provision of the Cattle Trespass Act, 1871.", "name": "Interpretation", "related_acts": "", "section_id": 3 } ], "text": "WHEREAS it is expedient to supplement the law relating to trespass and damage of crops by cattle; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the 7th day of October, 1958 and in exercise of all powers enabling him in that behalf, the Governor of East Pakistan is pleased to make and promulgate the following Ordinance, namely:-" }

{ "id": 286, "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)", "2 The words “not below the rank of a Subdivisional Magistrate” 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 words, commas, figures and brackets “the Bengal Tenancy Act, 1885 (Ben. Act VIII of 1885), or” 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 “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "5 The word “Tk” was substituted for the word “Rs” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "6 The word “Government” was substituted for the words “Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "7 The word “Government” was substituted for the words “Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Culturable Waste Land (Utilization) Ordinance, 1959 (East Pakistan Ordinance)", "num_of_sections": 9, "published_date": "26th January, 1959", "related_act": [ 388, 549, 430 ], "repelled": false, "sections": [ { "act_id": 286, "details": "1. (1) This Ordinance may be called the Culturable Waste Land (Utilization) Ordinance, 1959. 1(2) It extends to the whole of Bangladesh but shall not apply to any urban area within the meaning of the Paurashava Ordinance, 1977 (Ordinance No. XXVI of 1977). (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "549", "section_id": 1 }, { "act_id": 286, "details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (i)\t“Deputy Commissioner” used in relation to any culturable waste land, means the Deputy Commissioner of the district within which such culturable waste land is situated and includes any officer 2* * * appointed by the Deputy Commissioner to carry out all or any of the functions of a Deputy Commissioner under this Ordinance. (ii)\t“food crops” include vegetables and fruits; (iii)\t“culturable waste land” means any land classified in the record-of-rights published under 3* * * the 4* * * State Acquisition and Tenancy Act, 1950, as nutan patit, purantan patit, layek patit, garlayek patit or layek jangal and includes any land which, in the opinion of the Deputy Commissioner, has not been cultivated during the last two preceding years and no preparation for its cultivation has been made on the day of making a declaration under section 3, but does not include land forming part of, or conterminous with, any homestead, farm-house or any place of worship.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 286, "details": "3. The Deputy Commissioner may declare that the provisions of this Ordinance shall apply to any culturable waste land and on and from the day of making such declaration the possession of such culturable waste land shall vest in the Deputy Commissioner for a period not exceeding one year, and where the culturable waste land would, in the opinion of the Deputy Commissioner, require substantial reclamation, for a period not exceeding ten years, from the date of such declaration: Provided that no such subsequent declaration for any year shall be made more than three months in advance or for a period of more than one year.", "name": "Application of the provisions of this Ordinance to culturable waste land", "related_acts": "", "section_id": 3 }, { "act_id": 286, "details": "4. When the possession of any culturable waste land has vested in the Deputy Commissioner, he may lease it out on such terms and conditions as he thinks proper to any person or persons for purpose of cultivation for production of food crops for the period for which the possession has vested in the Deputy Commissioner.", "name": "Lease of culturable waste land", "related_acts": "", "section_id": 4 }, { "act_id": 286, "details": "5. (1) Whenever a declaration is made under section 3, the owner of the culturable waste land, in respect of which the declaration has been made, shall, for the period during which the possession of the culturable waste land remains vested in the Deputy Commissioner, be paid an annual compensation equivalent to the amount of the annual rent or land revenue payable in respect of such land. (2) No person shall be entitled to claim any compensation from the Deputy Commissioner, for leasing out any culturable waste land to any other person under section 4.", "name": "Compensation", "related_acts": "", "section_id": 5 }, { "act_id": 286, "details": "6. Notwithstanding anything contained in any other law for the time being in force no person to whom the Deputy Commissioner leases out any culturable waste land shall acquire any right, title or interest whatsoever therein beyond the period for which it has been leased out.", "name": "Right of lessees over waste land", "related_acts": "", "section_id": 6 }, { "act_id": 286, "details": "7. (1) Where the owner wishes to cultivate himself the culturable waste land, in respect of which a declaration has been made under section 3, after the expiry of the period for which the possession has vested in the Deputy Commissioner, he may, not later than three months before the expiry of the period, serve a notice on the Deputy Commissioner to that effect accompanied by security deposit of 5Tk 50 per acre and in such case such land shall be released by the Deputy Commissioner at the end of the above mentioned period and the possession thereof shall vest back in the owner. (2) Where the owner of the culturable waste land, of which possession has vested back in such owner under sub-section (1), fails to cultivate such land and raise any crop therein after possession thereof has so vested back, such culturable waste land together with the security deposit under sub-section (1) shall be forfeited to the 6Government.", "name": "Possession of culturable waste land", "related_acts": "", "section_id": 7 }, { "act_id": 286, "details": "8. No declaration made by the Deputy Commissioner in pursuance of the provision of this Ordinance and no order made by him for leasing out any culturable waste land shall be called in question in any Court.", "name": "Bar to jurisdiction of Court", "related_acts": "", "section_id": 8 }, { "act_id": 286, "details": "9. The 7Government may make rules for carrying out the purposes of this Ordinance.", "name": "Rule-making power", "related_acts": "", "section_id": 9 } ], "text": "WHEREAS it is necessary to bring under cultivation culturable waste land with a view to step up production of food; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the 7th day of October, 1958, and in exercise of all powers enabling him in that behalf, the Governor is pleased to make and promulgate the following Ordinance, namely:-" }

{ "id": 287, "lower_text": [ "1 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 The Explanation 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 “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "4 The words “Commissioner of the Division” were substituted for the words “Civil Court” by section 2 and the Schedule of the Bangladesh Laws ( Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "5 Sub-section (4a) was inserted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)", "6 The words “East Bengal” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The Hats and Bazars (Establishment and Acquisition) Ordinance, 1959 (East Pakistan Ordinance)", "num_of_sections": 5, "published_date": "2nd March, 1959", "related_act": [ 73, 388, 430 ], "repelled": true, "sections": [ { "act_id": 287, "details": "1. (1) This Ordinance may be called the 1* * * Hats and Bazars (Establishment and Acquisition) Ordinance, 1959. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 287, "details": "2. (1) No person shall establish any hat or bazar in Bangladesh. (2) Nothing in sub-section (1) shall prevent the Government or any local authority from establishing any hat or bazar: Provided that prior approval of the Deputy Commissioner shall, in the case of a local authority, be necessary. 2Explanation:- In sub-section (2), “local authority” shall have same meaning as defined in clause 28 of section 3 of the General Clauses Act, 1897 (X of 1897), or any other authority legally entitled to, or entrusted by the Government with, the control of management of a local fund. (3) Any hat or bazar established in contravention of the provisions of sub-sections (1) and (2) including the land on which such hat or bazar is established and all interests therein shall be forfeited to the Government: Provided that where any hat or bazar has been so established on any land by a person or persons other than the owner of the land without the consent of such owner, the land shall not be forfeited, but it shall be lawful for the Deputy Commissioner,- (i)\tto remove the hat or bazar from the land, by using such force as may be necessary, or (ii) \tto take over the land on behalf of the Government on payment to the owner the market value of the land immediately before the establishment of the hat or bazar to be determined in the manner prescribed by the rules, or (iii)\tto issue a licence to the owner permitting him to continue the hat or bazar for such period and on payment of such fees and on such terms and conditions as may be prescribed by rules.", "name": "Establishment of Hats and Bazars", "related_acts": "73", "section_id": 2 }, { "act_id": 287, "details": "3. (1) Notwithstanding anything contained in any other law for the time being in force, the Government may, by notification in the official Gazette, acquire with effect from such date as may be specified in that notification, any hat or bazar established in any area after the final publication of the Compensation Assessment-roll under section 42 of the 3* * * State Acquisition and Tenancy Act, 1950, in respect of that area, on payment of compensation at the rate provided for in clause (b) of sub-section (1) of section 39 of the said Act. (2) On and from the date specified in the notification under sub-section (1) in respect of any hat or bazar, such hat or bazar shall vest in the Government free from all encumbrances. (3) The compensation payable under sub-section (1) shall be determined and paid to person or persons interested by the Deputy Commissioner in such manner as may be prescribed by rules made under this Ordinance. (4) An appeal against the order of the Deputy Commissioner under sub-section (3), if preferred within 30 days of the date of the order, shall lie to the 4Commissioner of the Division. 5(4a) An order of the Commissioner passed under sub-section (4) and, subject only to such order, an order of the Deputy Commissioner passed under sub-section (3) shall be final. (5) Omitted by the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President's Order No. 12 of 1973).", "name": "Power of the Government to acquire and and determination of compensation", "related_acts": "", "section_id": 3 }, { "act_id": 287, "details": "4. For the purpose of this Ordinance, the expression “Deputy Commissioner” shall include an Additional Deputy Commissioner and a Joint Deputy Commissioner and all other words and expressions used in this Ordinance and defined in the 6* * * State Acquisition and Tenancy Act, 1950, shall have meanings respectively assigned to them by that Act.", "name": "Interpretation", "related_acts": "", "section_id": 4 }, { "act_id": 287, "details": "5. The Government may make rules for carrying out the purposes of this Ordinance.", "name": "Rule-making power", "related_acts": "", "section_id": 5 } ], "text": "An Ordinance to control the establishment of hats and bazars and acquire certain hats and bazars already established. ♣ WHEREAS it is expedient to make provisions for controlling the establishment of hats and bazars in Bangladesh and for the acquisition of the hats and bazars established after the final publication of the Compensation Assessment roll under section 42 of the * * * State Acquisition and Tenancy Act, 1950; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the 7th day of October, 1958 and in exercise of all powers enabling him in that behalf, the Governor is pleased to make and promulgate the following Ordinance, namely:-" }

{ "id": 288, "lower_text": [ "1 Throughout this Ordinance, the word “Government” was substituted for the words “Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "2 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "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 “Tk” was substituted for the words “Rs.” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Government Fisheries (Protection) Ordinance, 1959 (East Pakistan Ordinance)", "num_of_sections": 10, "published_date": "24th March, 1959", "related_act": [ 388, 430 ], "repelled": false, "sections": [ { "act_id": 288, "details": "1. (1) This Ordinance may be called the 2* * * Government Fisheries (Protection) Ordinance, 1959. (2) It extends to the whole of 3Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 288, "details": "2. In this Ordinance, unless there is anything repugnant in the subject or context- (a)\t“Khas managed fishery” means a fishery declared by the Government under section 3 to be a Khas managed fishery; (b) “prescribed” means prescribed by rules made under this Ordinance.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 288, "details": "3. The Government may, by notification in the official Gazette, declare any fishery belonging to, or under the management and control of, the Government to be a khas managed fishery.", "name": "Declaration of a fishery to be a khas managed fishery", "related_acts": "", "section_id": 3 }, { "act_id": 288, "details": "4. (1) On the declaration of a fishery to be a khas managed fishery under section 3, no person shall fish in such a fishery without a valid licence for fishing issued by such authority as may be prescribed. (2) It shall be competent for the Government or any authority authorised by the Government to fix different rates of licence fees for fishing in a khas managed fishery with different varieties of fishing contrivances or by using different methods of fishing and to lay down the terms and conditions of any license.", "name": "Bar to unauthorised fishing in khas managed fisheries", "related_acts": "", "section_id": 4 }, { "act_id": 288, "details": "5. Every person fishing in any manner or carrying any fishing contrivance in a khas managed fishery shall carry with him a valid licence for fishing in such manner or with such contrivance and produce the same when required by such person or class of persons as may be prescribed.", "name": "Carrying of valid licence of fishing and production of the same", "related_acts": "", "section_id": 5 }, { "act_id": 288, "details": "6. No person shall fish or attempt to fish in any fishery, other than khas managed fishery, belonging to, or under the management and control of, the Government or enter into any such fishery for the purpose of fishing or causing fishing to be done, without the authority of the Government or of any lessee of the Government.", "name": "Bar to unauthorised fishing in other fisheries", "related_acts": "", "section_id": 6 }, { "act_id": 288, "details": "7. The Government may, by notification in the official Gazette, authorise any person or class of persons,- (a) \tto detain and search any boat found in any fishery belonging to, or under the management and control of, the Government and seize the boat with the fishing contrivance used or carried without valid licence or authority; (b)\tto search any place where fish caught or fishing contrivances used or carried without a valid licence or authority are reasonably suspected to be found and seize such fish or contrivances;  (c)\tto seize any fish caught in contravention of the provisions of this Ordinance; and (d) to require any person found fishing or attempting to fish in any fishery belonging to, or under the management and control of, the Government to state truly his name, his father's name and address and to produce his authority for such fishing.", "name": "Authorisation by Government to question illegal fishing", "related_acts": "", "section_id": 7 }, { "act_id": 288, "details": "8. Nothing in this Ordinance shall apply to carrying of fishing contrivances in a boat or ship plying as a public carrier on a regulated route or to fishing with line and rod, basket or kotch for personal consumption.", "name": "Exemption", "related_acts": "", "section_id": 8 }, { "act_id": 288, "details": "9. (1) Contravention of any provision of this Ordinance or any rules made thereunder shall, on conviction by a Court of competent jurisdiction, be punishable with imprisonment which may extend to 2 years or with fine which may extend to 4Tk 5,000 or with both and any fish or fishing contrivance including any boat may be forfeited to the Government. (2) An offence under this Ordinance shall be cognizable and bailable.", "name": "Penal clauses", "related_acts": "", "section_id": 9 }, { "act_id": 288, "details": "10. The Government may make rules for carrying out the purposes of this Ordinance.", "name": "Rule-making power", "related_acts": "", "section_id": 10 } ], "text": "WHEREAS it is expedient to make provisions for preventing unauthorised fishing in fisheries belonging to, or under the management and control of, the Government;1♣ NOW, THEREFORE, in pursuance of the Presidential Proclamation of the 7th day of October, 1958, and in exercise of all powers enabling him in that behalf, the Governor of East Pakistan is pleased to make and promulgate the following Ordinance, namely:-" }

{ "id": 289, "lower_text": [ "1 Throughout this Ordinance, the words “Bangladesh”, “Government” and “taka” were substituted for the words “East Pakistan”, “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 words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "3 Clause (5) 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 (3) was re-numbered by section 4 of the East Pakistan Private Forests (Amendment) Ordinance, 1961(East Pakistan Ordinance No. VI of 1961)", "5 Sub-section (3b) was added by section 4 of the East Pakistan Private Forests (Amendment) Ordinance, 1961(East Pakistan Ordinance No. VI of 1961)", "6 The words, brackets, figures and comma “sub-section (1) of section 8 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982)” were substituted for the words, brackets, figures and comma “sub-section (1) of section 23 of the Land Acquisition Act, 1894 (I of 1894)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "7 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)", "8 The words, comma, figures and brackets “State Acquisition and Tenancy Act, 1950 (E.B. Act XXVIII of 1951)” were substituted for the words, comma, figures and brackets “Bengal Tenancy Act, 1885 (VIII of 1885)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "9 The words, commas and brackets “and subject to the provisions of section 14 of the Bengal Land Revenue Sales Act, 1859 (XI of 1859), every share or part of an estate for which a separate account has been opened under section 10, or section 11 of the said Act, or under section 70 of the Land Registration Act, 1876 (Ben. Act VII of 1876)” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "10 The word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "11 The word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "12 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "13 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "14 The word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "15 The words, figures, comma and brackets “section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord. No. II of 1982)” were substituted for the words, figures, comma and brackets “section 4 of the Land Acquisition Act, 1894 (I of 1894)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Private Forests Ordinance, 1959 (East Pakistan Ordinance)", "num_of_sections": 64, "published_date": "11th May, 1959", "related_act": [ 388, 75, 619, 430, 48, 241, 144 ], "repelled": false, "sections": [ { "act_id": 289, "details": "1. (1) This Ordinance may be called the 2* * * Private Forests Ordinance, 1959. (2) It extends to the whole of Bangladesh. (3) This section shall come into force at once and the remaining provisions of this Ordinance, in whole or in part, shall come into force in such areas and on such dates as the Government may, by notification, specify and for this purpose different dates may be specified for different provisions of this Ordinance and for different areas.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 289, "details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (1) “Appellate Committee” means a committee the procedure of which shall be as prescribed, appointed by the Government in respect of a notified area to hear appeal under this Ordinance consisting of three members of whom the Chairman shall be a Revenue Officer not below the rank of a Collector, one member shall be a Forest Officer not below the rank of a Deputy Conservator of Forests and the other member shall be an owner of a private forest who shall be selected in the prescribed manner from amongst the owners of private forests in such notified area; (2) “cattle” includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids; (3) “conservation” used in reference to any forest land or waste land relates to such measures as are necessary in the opinion of the Regional Forest Officer for the prevention and remedying of deterioration of soil and its vegetative cover caused or likely to be caused through erosion, land-slide, flood, desiccation, burning, grazing, digging or removal of earth or through any other deteriorating agency and includes measures for improvement through protection, afforestation or any other means; (4) “Controlled forest” means a private forest, not being vested forest in respect of which sections 2 to 63 of this Ordinance in whole or in part, have come into force; 3(5) “forest” includes any land recorded as forest in a record-of-rights prepared under Chapter IV of the State Acquisition and Tenancy Act, 1950 (E.B. Act XXVIII of 1951) or such other land containing tree growth as may by notification be declared as forest by the Government; (6) “forest-offence” means an offence punishable under this Ordinance or under any rule made thereunder;  (7) “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 Ordinance or to do anything required by this Ordinance or any rule made thereunder to be done by a Forest Officer; (8) “forest-produce” includes- (a) the following whether found in, or brought from a forest or not, that is to say,- (i) timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds, kuth and myrabolans, and (ii) wild animals and skins, tusks, horns, bones, silks, cocoons, honey and wax, and all other parts or produce of animals, and (b) the following when found in, or brought from a forest, that is to say,- (i) trees and leaves, flowers and fruits, and all other parts, or produce not hereinbefore mentioned, of trees, (ii) plants, not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants, (iii) surface soil and rock (excluding salt rock and mineral rock), and (iv) fish, tortoise, oysters, shells, sponge, conch, all crustacea and mollusca and all parts of produce of such fauna; (9) “Forest Settlement Officer” means an officer who shall ordinarily be a Revenue Officer, appointed by the Government to perform the functions of a Forest Settlement Officer under this Ordinance, and includes a Board, the procedure of which shall be as prescribed, appointed by the Government to perform such functions, consisting of not more than three officers of whom at least two shall be Revenue Officers;  (10) “notification” means a notification published in the official Gazette; (11) “notified area” means an area specified in a notification issued under sub-section (1) of section 3; (12) “owner” includes any mortgagee in possession, lessee, common manager, receiver appointed by a competent Court and any person holding any property in trust and also includes a Court of Wards in respect of property under the superintendence or charge of such Court; (13) “prescribed” means prescribed by rules made under this Ordinance; (14) “private forest” means a forest which is not the property of the Government or over which the Government has no proprietory right; (15) “Regional Forest Officer” means a Forest Officer appointed as such by a notification for a notified area; (16) “river” includes any stream, canal, creek or other channel, natural or artificial; (17) “timber” includes trees when they have fallen or have been felled, and all wood whether cut up or fashioned or hallowed out for any purpose or not; (18) 'tree' includes palms, bamboos, stumps, brushwood, canes, grasses, reeds, shrubs, herbs, etc.; (19) “vested forest” means a forest of which the control has been vested in a Regional Forest Officer by a notification under sub-section (2) of section 6 or under section 7 or under section 11 and includes any forest deemed to be or managed as, a vested forest under this Ordinance; (20) “waste-land” means any waste-land which is not the property of the Government or over which the Government has no proprietary right; (21) “working plan” means a written plan prepared in the prescribed manner for the management and treatment of a forest or waste land; and (22) “year” means a financial year.", "name": "Definitions", "related_acts": "241", "section_id": 2 }, { "act_id": 289, "details": "3. (1) (a) The Government may, by notification, direct that every owner of a private forest which is not a vested forest, but which is situated within such area as may be specified in the notification, shall prepare in the prescribed manner and submit within the period mentioned in the notification to the Regional Forest Officer a working plan for the conservation of such private forest. (b) \tIf any person fails to submit the statement mentioned in clause (a) of sub-section (1) within the specified time, he shall be punishable with fine which may extend to five hundred taka: Provided that no prosecution shall be instituted under this sub-section unless the Regional Forest Officer has served in the prescribed manner a notice on such owner specifying his failure to carry out the above provision within 30 days from the date of service of such notice and unless such owner has failed to comply with such notice. (2) On the expiry of the period mentioned in the notification under sub-section (1), the Regional Forest Officer shall, after considering each working plan submitted to him under that sub-section, and after consultation in the manner prescribed with the Conservator of Forests of the forest circle within which such forest is situated, by an order in writing, accept the working plan or modify it in such manner as he may consider necessary or substitute another working plan for it. 4(3a) If any owner of such private forest does not submit a working plan within the period specified in the notification issued under sub-section (1), the Regional Forest Officer may, after consultation in the manner prescribed with the Conservator of Forests of the forest circle within which such forest is situated, prepare a working plan in respect of such forest. 5(3b) The cost of preparing the working plan under sub-section (3a) as estimated by the Regional Forest Officer in consultation with the Conservator of Forests of a circle within which such forest is situated, is recoverable from the owner of the private forest as forest revenue or as an arrear of forest revenue under the Public Demands Recovery Act, 1913. (4) When the Regional Forest Officer by an order in writing modifies any working plan under sub-section (2) or substitutes another working plan under that sub-section for the working plan submitted under sub-section (1), he shall cause a copy of such order to be served in the prescribed manner upon the owner of such private forest to which such working plan relates and such owner may, within sixty days of the date of service of such order, appeal against such order to the Appellate Committee and the Appellate Committee may thereupon, after giving such owner an opportunity of being heard, by an order in writing, either accept the working plan with or without modifications or reject it and the decision of the Appellate Committee on every such appeal shall, subject to the provisions of sub-section (5), be final. (5) The Board of Revenue may, on application by an owner of a private forest for revision of an order of the Appellate Committee passed in appeal under sub-section (4), and if such application is made within thirty days from the date of the order, call for the record of the appeal in which the order was passed and on receipt of such record, after giving such owner an opportunity of being heard, may, if it does not see fit to reject the application, direct the Appellate Committee by an order in writing to make such modifications in the working plan accepted by the said Committee under sub-section (4) as may be specified in such order in writing. (6) The Board of Revenue shall, as soon as may be after an application for revision is disposed of under sub-section (5), communicate the order passed by it on such application to the Appellate Committee, and on receipt of such order the Appellate Committee shall, where the Board of Revenue has directed any modification to be made in such working plan, modify it accordingly.", "name": "Preparation of, and appeal and revision in respect of, working plans for private forest", "related_acts": "", "section_id": 3 }, { "act_id": 289, "details": "4. (1) When the Appellate Committee accepts any working plan with or without modification under sub-section (4) of section 3, modifies any working plan under sub-section (6) of the said section, or the Regional Forest Officer accepts, modifies or substitutes any working plan under the said section or prepares any working plan under the said section, such Committee or officer shall, by an order in writing, approve such working plan or the working plan as so modified by the Committee or such officer, as the case may be, and every working plan so approved shall be deemed for the purposes of this Ordinance to be an approved working plan: Provided that the Regional Forest Officer shall not so approve any working plan that he has modified or substituted by an order under sub-section (2) of section 3, if- (a)\tan appeal against the order has been made to the Appellate Committee; or (b)\twhere no such appeal has been made, the time within which such appeal may be made has not expired: Provided further that the Appellate Committee shall not so approve any working plan accepted by it with or without modification by an order under sub-section (4) of section 3 if,- (a) \twhere an application for revision of the order has been made to the Board of Revenue, the order of the Board of Revenue on such application has not been received by such Committee; or (b) \twhere no such application for revision has been made, the time within which such application may be made has not expired. (2) A copy of every approved working plan shall be sent in the prescribed manner by the Regional Forest Officer to the owner of the private forest to which it relates and the owner shall thereupon manage such forest in accordance with such plan and shall carry out all the terms and conditions thereof. (3) At any time after five years from the date of approval of a working plan under sub-section (1), or with the previous sanction of the Government at any time within the said period of five years a Regional Forest Officer may, after consultation in the manner prescribed with the Conservator of Forests of the forest circle within which the forest to which such working plan relates is situated, by an order in writing, modify the approved working plan in such manner as he considers necessary and the provisions of sub-sections (4), (5) and (6) of section 3 and sub-sections (1) and (2) of this section shall apply to every plan so modified: Provided that nothing in this section shall prevent the owner after the expiry of the said period of five years from applying in writing to the Regional Forest Officer for the modification of the working plan in such manner as may be specified in the application and if the Regional Forest Officer, after giving the owner an opportunity of being heard, does not see fit after such consultation as aforesaid so to modify the working plan, he shall record an order to that effect and the owner may, within thirty days from the date of such order, appeal against such order to the Appellate Committee and an application for revision shall also lie to the Board of Revenue from any order passed by the Appellate Committee on such appeal if presented within thirty days from the date of such order and the decision of the Appellate Committee on such appeal shall, subject to such revision by the Board of Revenue, be final.", "name": "Approved working plans", "related_acts": "", "section_id": 4 }, { "act_id": 289, "details": "5. After the publication of a notification under sub-section (1) of section 3, no owner of a private forest in the notified area shall enter into any new lease or extend the term of any existing lease in respect of such forest until the working plan in respect of such forest has been approved under sub-section (1) of section 4 except with the previous sanction of the Government and, after such working plan has been so approved, except in accordance with the terms and conditions of such plan and any lease entered into or any extension of the term of any lease granted in contravention of the provisions of this section shall, notwithstanding anything contained in any other law for the time being in force, be void and have no effect.", "name": "Prohibition of leases of terms of existing leases of private forests after issue of notification under section 3(1)", "related_acts": "", "section_id": 5 }, { "act_id": 289, "details": "6. (1) If after an approved working plan in respect of any private forest has been sent under sub-section (2) of section 4 to the owner of such forest such owner fails or neglects to carry out any of the terms and conditions of such plan, he shall be punishable with fine which may extend to five hundred taka: Provided that no prosecution shall be instituted under this sub-section unless the Regional Forest Officer has served in the prescribed manner a notice on such owner specifying the terms and conditions of the working plan which such owner has failed or neglected to carry out and requiring such owner to take such steps for carrying them out as are specified in the notice within thirty days from the date of service of such notice and unless such owner has failed to comply with such notice. (2) If the owner of a private forest is convicted a second time under sub-section (1) for the failure or neglect to carry out any of the terms and conditions of the working plan in respect of such forest the Government may, by a notification, direct that the control of such forest shall be vested in such Regional Forest Officer for such period as may be specified in such notification: Provided that no such notification shall be issued until such owner has been called upon by notice in writing by the Regional Forest Officer within sixty days of such conviction to show cause before the Appellate Committee within such time as may be specified in the notice as to why such notification should not be issued and until the Appellate Committee, after considering the cause, if any, shown by him and any evidence which he may produce in support thereof, has recommended to the Government that such notification should be issued. (3) Nothing in sub-section (1) shall render any owner of any private forest liable to conviction for any deviation from any approved working plan if such deviation has been previously sanctioned by the Regional Forest Officer on application made by such owner in that behalf to such officer or by the Appellate Committee on an appeal from an order of the Regional Forest Officer refusing to sanction such deviation presented by the owner to such Committee within thirty days from the date of such order.", "name": "Penalty for the violation of working plan", "related_acts": "", "section_id": 6 }, { "act_id": 289, "details": "7. Notwithstanding anything contained in sections 3 and 4 or in sub-section (2) of section 6, if the Government is satisfied that the conservation of any private forest in a notified area should not be left to the owner thereof, the Government may, by a notification specifying the reasons for so doing, direct that the control of such forest shall be vested in such Regional Forest Officer for such period as may be specified in the notification: Provided that no such notification shall be issued until- (a)\tthe Regional Forest Officer has, by notice in writing, called upon the owner of such forest to show cause before the Appellate Committee within such period as may be specified in such notice why the control of such forest should not be so vested, and (b) \tthe Appellate Committee after considering the cause, if any, shown by the owner and any evidence which the owner may produce in support of the same has recommended that such notification should be issued.", "name": "Vesting of forest in a Regional Forest Officer", "related_acts": "", "section_id": 7 }, { "act_id": 289, "details": "8. (1) Subject to rules made under this Ordinance loans may be granted on the recommendation of the Appellate Committee by such officer as may be empowered in this behalf by the Government to any owner of a controlled forest or a vested forest who, in the opinion of the Appellate Committee, is likely to suffer unduly owing to any temporary reduction of his income resulting from any action taken under section 4 or sub-section (2) of section 6 or section 7 or to any owner of a controlled forest to enable such owner to pay any compensation payable by him under sub-section (6) of section 10 or sub-section (2) of section 35. (2) An application for such a loan shall be made in the prescribed manner to the Appellate Committee and shall state the following particulars, namely:- (a) \tthe amount of the loan required, (b) \tthe reasons for which it is necessary, and (c) \tthe period for which it is required. (3) After considering in the prescribed manner the application made under sub-section (2) and any evidence that may be produced in support thereof, the Appellate Committee shall state in writing its opinion as to whether or not a loan should be given, and, if it recommends the grant of a loan, shall forward the application to the officer empowered under sub-section (1) with its opinion, stating the reasons for such recommendation and specifying the following particulars, namely:- (a) \tthe amount of the loan that should be granted and the rate of the interest that should be charged,  (b) \tthe instalments in which the loan should be advanced, and (c) \tthe period after which and the instalments in which the loan should be repaid. (4) Subject to rules made under this Ordinance granted under sub-section (1), all interests, if any, chargeable thereon and costs, if any, incurred in granting such loans shall, when they become due, be recoverable by the Collector as if they were arrears of land revenue due in respect of the controlled forest or the vested forest of which the borrower was the owner at the time the loan was granted: Provided that no proceeding in respect of any such forest under this sub-section shall affect any interest in that forest which existed before the date of the order granting the loan other than the interest of the borrower and of mortgagees of, or persons having charges on, the interest of the borrower.", "name": "Forest loans", "related_acts": "", "section_id": 8 }, { "act_id": 289, "details": "9. (1) If, after consultation in the prescribed manner with the Conservator of Forests of the forest circle within which the forests are situated, a Regional Forest Officer is of the opinion that it is impossible otherwise to secure the conservation of two or more forests, belonging to different owners, of which the control has been vested in him by a notification under sub-section (2) of section 6 or under section 7, he may record an order that such forest shall be managed under one working plan as if they belonged to one owner, and shall cause a copy of such order to be served in the prescribed manner on the owner of each such forest. (2) The Regional Forest Officer may at any time, after consultation in the manner referred to in sub-section (1), by order in writing, rescind or modify an order passed by him under that sub-section and a copy of every order passed under this sub-section shall be served in the prescribed manner on the owner of each such forest. (3) Any owner or other person interested in any such forests may, within thirty days from the date on which the copy of any order passed under sub-section (1) or sub-section (2) is served on him, appeal against such order to the Appellate Committee and the decision of the Appellate Committee on such appeal shall, subject to the provisions of sub-section (4), be final. (4) The Board of Revenue may, on application made within thirty days from the date of any order of the Appellate Committee passed in appeal under sub-section (3), revise such order.", "name": "Amalgamation of two or more vested forests under one working plan", "related_acts": "", "section_id": 9 }, { "act_id": 289, "details": "10. (1) The Government may, if it is satisfied on application made by the owner of a controlled forest, or by the Regional Forest Officer in whom the control of a private forest is vested under this Ordinance that any land adjoining such forest has not been cultivated during the three years immediately preceding the year in which such application is made and that such land is suitable for afforestation, by notification, announce its intention to declare such land to be liable to be made over to the owner of such controlled forest or vested forest, as the case may be. (2) Every notification issued under sub-section (1) shall specify a period within which objections to the proposed declaration may be submitted by any person interested in such land to the Appellate Committee and a copy of every such notification shall be served in the prescribed manner on the person entitled to cultivate such land. (3) After the expiry of the period so specified in a notification issued under sub-section (1), the Appellate Committee shall hear the objections, if any, submitted by the person entitled to cultivate such land or any other person interested in such land and any evidence which any such person may produce in support of the same, and forward the objections so submitted and its opinion thereon to the Government. (4) If, after considering the objections and the opinion of the Appellate Committee forwarded under sub-section (3), the Government is of opinion that such land should be declared to be liable to be made over to the owner of the controlled or vested forest referred to in sub-section (1), the Government shall issue a notification- (a) \tdeclaring such land to be liable to be made over to the owner of such forest to be specified in the notification, (b)\tspecifying as nearly as possible the situation and limits of such lands, and (c) \tappointing a Forest Settlement Officer to determine, subject to any rules made under this Ordinance, by an order in writing,- (i) \twhat rights in or over such land shall be extinguished, and (ii) \twhat rent, if any, shall be payable by the owner of such forest to any landlord of such land. (5) When a notification has been issued under sub-section (4), the amount of the compensation payable under sub-section (6) to every person whose rights as specified by the Forest Settlement Officer under sub-clause (i) of clause (c) of sub-section (4), are to be extinguished shall be determined, subject to any rules made under this Ordinance, in the manner and in accordance with the principles hereinafter set out, that is to say,- (i) \twhen the amount of compensation can be fixed by the Forest Settlement Officer appointed under clause (c) of sub-section (4) by agreement, it shall be paid in accordance with such agreement; (ii) \twhere no such agreement can be reached, the Government shall appoint as arbitrator, a person who has exercised the powers of a District Judge in Bangladesh or who possesses such qualifications as are normally required for appointment to the post of District Judge in Bangladesh; (iii)\tat the commencement of the proceedings before the arbitrator the owner of the forests or the Regional Forest Officer by whom the compensation is payable, and the person to be compensated shall state what in their respective opinions is a fair amount of compensation; (iv)\tthe arbitrator in making his award shall have regard to the provisions of 6sub-section (1) of section 8 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord. No. II of 1982) so far as the same can be made applicable; (v)\tan appeal shall lie to the 7High Court Division against an award of an arbitrator except in cases where the amount thereof does not exceed an amount prescribed in this behalf; (vi)\tsave as provided in this sub-section and in any rules made under this Ordinance, nothing in any law for the time being in force shall apply to arbitrations under this sub-section. (6) The amount of compensation determined under sub-section (5) shall be paid in the prescribed manner in the case where the notification under sub-section (1) was issued on the application of the owner of a controlled forest, by such owner, and in the case where such notification was issued on the application of a Regional Forest Officer, by such officer out of the profits of the vested forest adjoining such land, to the person entitled to such compensation and, on payment of such compensation the land shall be made over by the Forest Settlement Officer appointed under clause (c) of sub-section (4), to the owner of the controlled or vested forest specified in the notification issued under that sub-section and shall thereupon vest in such owner and all rights in or over such land specified by the said officer under sub-clause (i) of the said clause shall with effect from the date on which such land is so made over, be extinguished. (7) When any land is made over under sub-section (6) to the owner of a forest, it shall, with effect from the date on which it is so made over, be deemed to be a private forest. (8) When any such land is made over under sub-section (6) to the owner of a vested forest which adjoins such land, the control of such land shall be vested in the Regional Forest Officer in whom the control of such forest is for the time being vested and the land shall, for the purposes of this Ordinance, be deemed to be a vested forest. (9) When any such land is made over under sub-section (6) to the owner of a controlled forest which adjoins such land, the Regional Forest Officer may, after consultation in the prescribed manner with the Conservator of Forests of the forest circle within which such controlled forest is situated, by an order in writing, a copy of which shall be served on such owner in the prescribed manner, either direct that the approved working plan in respect of such controlled forest shall be deemed to be the working plan approved for such land under sub-section (1) of section 4 or require such owner to prepare in the prescribed manner and submit within the period to be mentioned in such order to such officer a working plan in respect of such land. (10) Where the owner of a controlled forest is required under sub-section (9) to prepare and submit a working plan in respect of the land made over to him under sub-section (6), the provisions of sections 3 and 4 shall apply to such working plan as if such owner has been required to prepare such working plan under sub-section (1) of section 3.", "name": "Afforestation of land adjoining a forest", "related_acts": "619", "section_id": 10 }, { "act_id": 289, "details": "11. (1) If it appears from the report of a Regional Forest Officer that any waste land which is lying uncultivated for not less than three years is suitable for afforestation and that the owner of such land is unwilling or unable to cultivate it by growing therein agricultural crops, or to use if for the purposes of horticulture to the satisfaction of such officer or to afforest it, the Government may, by a notification, direct that the control of such land shall be vested in a Regional Forest Officer to be specified in the notification for the purpose of afforestation for such period as may be stated in the notification: Provided that the Government shall not issue any notification under this sub-section without considering whether or not such land can more advantageously be used for the purposes of agriculture or horticulture than for the purposes of afforestation: Provided further that no such notification shall be published until a notice has been issued by such Regional Forest Officer calling upon the owner of such land and any other person interested therein to show cause before the Appellate Committee within such period as may be specified in the notice why the notification should not be published and until the cause, if any, shown and any evidence that may have been produced in support of the same before the Appellate Committee and the opinion of the Appellate Committee thereon have been considered by the Government. (2) Any land in respect of which a notification has been published under sub-section (1), shall be deemed to be a vested forest for the purpose of the Ordinance. (3) When all expenses incurred by the Government for the afforestation of any such land have been recouped, the profits resulting from such afforestation shall, during the period the control of such land remains vested in a Regional Forest Officer, be divided in equal shares between the Government and the owner of the land.", "name": "Afforestation of other land", "related_acts": "", "section_id": 11 }, { "act_id": 289, "details": "12. (1) Notwithstanding anything contained in any other law for the time being in force, where a private forest or any waste land is, at the date of publication of a notification vesting the control thereof in a Regional Forest Officer under sub-section (2) of section 6 or under section 7 or under section 11, as the case may be,- (a) \theld under a lease granted by the owner of such forest or land before the date of publication of such notification and such lease comprises not only the areas included in such forest or land but also other areas, or (b)\theld by the owner of such forest as part of a tenure or holding jointly with other lands, the Collector of the district may, on application made in this behalf by such Regional Forest Officer,- (i) \tin the case referred to in clause (a), by an order in writing, apportion, subject to rules made under this Ordinance, the rent payable under the lease between the areas included within the vested forests and other areas comprised within the lease on the basis of their respective assets, and  (ii)\tin the case referred to in clause (b), by an order in writing, direct the division of such tenure or holding in such manner that a separate tenure or holding is formed with the land included within the vested forest and also direct such distribution of the rent payable in respect of such tenure or holding between the two separate tenures or holdings so formed as he deems fair and equitable: Provided that no order shall be passed under this sub-section without giving, in the case of an order passed under clause (i) the lessor and the lessee of such forest or land and in the case of an order passed under clause (ii), the owner of such forest or land and the landlord or landlords, or their common agent, if any, of the tenure or holding, a reasonable opportunity of being heard. (2) An appeal shall lie from every order passed under sub-section (1) to the Commissioner of the Division if it is presented within thirty days from the date of such order and the decision of the Commissioner on such appeal shall be final and shall not be questioned in any Court. Explanation.- In this section, “lease”, “lessor” and “lessee” have the same meanings as in the Transfer of Property Act, 1882, and “tenure” and “holding” have the same meanings as in the 8State Acquisition and Tenancy Act, 1950 (East Bengal Act XXVIII of 1951).", "name": "Apportionment of rents of forests held under a lease jointly with other lands and the division of the tenure or holding comprising a forest", "related_acts": "48,241", "section_id": 12 }, { "act_id": 289, "details": "13. Where a private forest or waste land of which the control has been vested in a Regional Forest Officer by a notification under sub-section (2) of section 6 or under section 7 or under section 11 is, at the date of publication of such notification, held either exclusively or jointly with other property under a lease granted by the owner of such forest or land before such date, the rent payable under the lease or under an order of apportionment made under clause (i) of sub-section (1) of section 12 in respect of such forest or land during the period such forest or land remains so vested in the Regional Forest Officer shall, subject to the prior payment of the land-revenue, if any, due to the Government thereupon be a first charge upon the leasehold interest in such forest created by such lease.", "name": "Rent to be a charge on the lease-hold interest in a vested forest", "related_acts": "", "section_id": 13 }, { "act_id": 289, "details": "14. The Government may, if it thinks it expedient, direct the Collector to partition off that part of an estate which comprises a vested forest into a separate estate; and the demand in respect of land-revenue and cess for which the original estate was liable shall on such partition be assessed upon and divided between the two separate estate so formed respectively in such manner as the Government may direct.", "name": "Power to order a vested forest to be formed into a separate estate", "related_acts": "", "section_id": 14 }, { "act_id": 289, "details": "15. The Government may, if it so considers expedient, by a notification, exempt any estate, 9 * * * of which a vested forest forms part, from sale for arrears of Government revenue accruing during the period the control of such forest remains vested in a Regional Forest Officer under sub-section (2) of section 6 or under section 7 or under section 11 or during such part of such period as may be specified in such notification: Provided that where any such estate, share or part is so exempted, all such arrears of revenue shall be the first charge upon the sale-proceeds of such estate, share or part which may be sold otherwise than for such arrears of revenue.", "name": "Power to exempt an estate of which a vested forest forms part from sale for arrears of revenue", "related_acts": "", "section_id": 15 }, { "act_id": 289, "details": "16. (1) The cost of any extra staff required for the management of a vested forest in each year shall be determined in the prescribed manner by the Regional Forest Officer and shall be recovered by him in that year, or in subsequent years, from the sale of the forest-produce of such forest. (2) The cost of the operations of any Forest Settlement Officer and such part of the cost of a Regional Forest Officer and or his staff as is proportionate to the work done by them in connection with the management of a vested forest shall be included in the cost of management. (3) Any amount due in respect of a loan made under section 8 to the owner of a vested forest shall be included in the cost of management of such forest. (4) Any amount paid as compensation by the Regional Forest Officer under sub-section (6) of section 10 out of the profits of a vested forest or paid as compensation by the Regional Forest Officer under sub-section (2) of section 25, and to be recouped under that sub-section from the profits of a vested forest, shall be included in the cost of management of such forest. (5) Until otherwise determined by a competent Court, the respective shares of the owners of a vested forest shall be determined by a Forest Settlement Officer in the prescribed manner and thereafter the net profits in respect of such forest, which shall be calculated in the prescribed manner, shall be distributed among the various owners thereof in proportion to their respective shares as so determined. (6) In each year the Regional Forest Officer shall record in a statement the cost of management with which each vested forest shall be charged and any amount which shall be paid in respect of the net profits calculated under sub-section (5) and shall cause a copy of such statement to be served in the prescribed manner on the owner of such forest.", "name": "Determination of cost of management of vested forest and distribution of net profit", "related_acts": "", "section_id": 16 }, { "act_id": 289, "details": "17. (1) The Government may impose in the prescribed manner on an acreage basis a cess on all private forests within a notified area with effect from such date, not being before the expiry of three years from the date of publication of a notification under section 3, as the said Government may appoint. (2) Such cess shall be so calculated as to yield a sum not greater than that which is sufficient to meet the cost of the Regional Forest Officer and his staff, including any expenses incurred in connection with their work to be determined in the prescribed manner. (3) If the Regional Forest Officer or his staff does any work in connection with a Government forest, a proportionate deduction shall be made from the cost of such Regional Forest Officer and of his staff before the cess is calculated under sub-section (2). (4) Every cess imposed under sub-section (1) shall be recoverable as a public demand under the 10* * * Public Demands Recovery Act, 1913. (5) The Government may, by general or special order, exempt any private forest in a notified area from the payment of any cess imposed under sub-section (1) or of any portion of any such cess for such period as may be specified in such order.", "name": "Imposition of cess", "related_acts": "", "section_id": 17 }, { "act_id": 289, "details": "18. (1) If the owner of a vested forest satisfies the Appellate Committee- (a) \tat any time after the expiry of fifteen years from the date of the notification by which the control of such forest has been vested in a Regional Forest Officer, that- (i) \tthe control of such forest may be restored without undue risk of detriment to its conservation, and (ii)\tthe cost of its management as determined under the provisions of sub-section (1) of section 16 has been recovered in full, or (b) \tat any time after the expiry of thirty years from the date of such notification that the cost of management of such forest as determined under the provisions of that sub-section has been recovered, the Appellate Committee shall by order direct that with effect from a date, to be specified in such order, the control of such forest shall cease to be vested in the Regional Forest Officer: Provided that no such order shall be made in the case of any forest, whether any working plan in respect of such forest has been previously approved under section 4 or not, until- (a)\tthe Appellate Committee has by an order called upon the owner of such forest to prepare in the prescribed manner and to submit within such period as may be specified in such order to the Regional Forest Officer a working plan in respect of such forest, and  (b)\ta working plan has been approved in respect of such forest in accordance with the provisions referred to in sub-section (2): Provided further that no such order shall be passed regarding a forest in respect of which there subsists an order passed under sub-section (1) of section 9, unless the owners of all the forests, in respect of which the order under the said sub-section was passed, have satisfied the Appellate Committee that there will be no undue risk of detriment to the conservation of any of such forest if the control of the said forests ceases to be vested in the Regional Forest Officer. (2) When the owner of a forest has been required under the first proviso to sub-section (1) to prepare and submit a working plan in respect of such forest, the provisions of sections 3 and 4 shall apply to such working plan as if such owner has been required to prepare such working plan under sub-section (1) of section 3. (3) The fact that the control of any forest has ceased to be vested in a Regional Forest Officer shall not operate to revive any right which may have been extinguished or modified by a proclamation under section 28.", "name": "Release of vested forest to the owner", "related_acts": "", "section_id": 18 }, { "act_id": 289, "details": "19. When a notification has been published in respect of any forest under sub-section (2) of section 6 or under section 7 or under section 11, the control of such forest shall be vested in the Regional Forest Officer who shall forthwith proceed to demarcate it.", "name": "Control and demarcation of vested forest", "related_acts": "", "section_id": 19 }, { "act_id": 289, "details": "20. (1) A Forest Settlement Officer shall be appointed by the Government in respect of every forest of which the control is vested in a Regional Forest Officer by a notification under sub-section (2) of section 6 or under section 7 or under section 11, and may be appointed in respect of any controlled forest on the application made in this behalf to the Government by its owner. (2) Such appointment shall be made by a notification specifying in such notification as nearly as may be possible, the situation and limits of such forest.", "name": "Appointment of Forest Settlement Officer", "related_acts": "", "section_id": 20 }, { "act_id": 289, "details": "21. After the issue of a notification under section 20, no rights shall be acquired in or over the land comprised in such notification, except by succession or under grant or contract in writing made or entered into, with the previous sanction of the Government, by or on behalf of the owner 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, and cutting, conversion or removal of timber or the collection, manufacture or removal of other forest-produce, shall be made in such land except in accordance with such rules, if any, as may be made by the Government in this behalf.", "name": "Bar of accrual of rights", "related_acts": "", "section_id": 21 }, { "act_id": 289, "details": "22. (1) The Forest Settlement Officer shall publish in the neighbourhood of the forest in respect of which he has been appointed, a proclamation in Bengali and, if any other language has been prescribed in this behalf for the local area in which such forest is situated, also in such other language- (a) \tspecifying, as nearly as possible, the situation and limits of such forest; (b) \texplaining the measure proposed for, and the consequences which will ensure on, the conservation of such forest; and (c) \trequiring every person who claims any right, other than a right of ownership, over such forest or over any forest-produce from such forest, to give to such Forest Settlement Officer, within a period of not less than three months to be period of not less than three months to be stated in the proclamation, particulars, either in writing or by word of mouth, of such right and the amount and nature of the compensation, if any, claimed in respect thereof. (2) The Forest Settlement Officer shall take down in writing all statements made by word of mouth under clause (c) of sub-section (1).", "name": "Proclamation by Forest Settlement Officer", "related_acts": "", "section_id": 22 }, { "act_id": 289, "details": "23. (1) The Forest Settlement Officer shall at some convenient place enquire into the existence of any rights which are claimed under clause (c) of sub-section (1) of section 22 or which may be ascertained by him from any other source. (2) The Forest Settlement Officer shall give a hearing to the Regional Forest Officer or an Officer authorised by such Regional Forest Officer in writing in this behalf, to satisfy himself as to the necessity of modifying or extinguishing any right in the interests of the conservation of the forest.", "name": "Inquiry by Forest Settlement Officer", "related_acts": "", "section_id": 23 }, { "act_id": 289, "details": "24. 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 by any officer authorised by him for the purpose, upon any land, and to survey, demarcate and make a map of the same; and (b)\tthe powers of Civil Court in the trial of suits.", "name": "Powers of Forest Settlement Officer", "related_acts": "", "section_id": 24 }, { "act_id": 289, "details": "25. (1) After completion of the enquiry under section 23, the Forest Settlement Officer shall, by an order in writing,- (a) \trecord the nature of the rights existing at the time of the notification under section 20, and (b) \tdirect the modification or extinction of any such right, other than a right of ownership, in the interests of the conservation of the forest. (2) When the Forest Settlement Officer directs under clause (b) of sub-section (1) the modification or extinction of any right, he shall, unless, the person whose rights are affected has come to an agreement as to the amount of compensation payable to him, determine what compensation shall be awarded to such person, and the amount of any compensation payable under this sub-section to any such person shall be paid in the prescribed manner, in the case where the forest to which such right relates is a controlled forest, by the owner of such forest, and in the case where such forest is a vested forest, by the Regional Forest Officer in whom the control of such forest is vested under this Ordinance and every payment so made by the Regional Forest Officer shall be recouped from the profits of the vested forest to which such right relates as part of the cost of management of such forest.", "name": "Specification and modification of rights", "related_acts": "", "section_id": 25 }, { "act_id": 289, "details": "26. (1) An appeal may be presented against any order made under section 25 within ninety days from the date of such order to the Commissioner of the Division by an owner of a forest or by a Regional Forest Officer or by a person who has given particulars of his claims under sub-section (1) of section 22. (2) Every such appeal shall be made by a petition in writing and shall be heard in accordance with the procedure for the time being applicable to the hearing of appeals in the matters relating to land revenue. (3) The order of the Commissioner on such appeal shall, subject to the provisions of sub-section (4), be final. (4) An application for revision shall lie to the Board of Revenue from an order of the Commissioner passed in appeal under this section if it is presented within thirty days from the date of such order.", "name": "Appeals", "related_acts": "", "section_id": 26 }, { "act_id": 289, "details": "27. The Government, or any person who has made a claim under this Ordinance may appoint any person to appear, plead and act on its or his behalf before the Forest Settlement Officer, or any appellate or revisional authority in the course of any inquiry, appeal or revision under this Ordinance or before any arbitrator appointed to determine any compensation payable under sub-section (5) of section 10.", "name": "Pleaders", "related_acts": "", "section_id": 27 }, { "act_id": 289, "details": "28. (1) When the time within which appeals against orders under section 25 may be made has expired and when any such appeal has been made under section 26, the time within which applications for revision of any order passed in such appeal may be made has also expired and all applications for revision under sub-section (4) of section 26 have been disposed of, the Forest Settlement Officer shall issue another proclamation specifying the rights which may be exercised in respect of the forest regarding which any such order under section 25 has been made and also specifying the date with effect from which all rights in respect of such forest which are not specified in such proclamation shall be extinguished. (2) A translation of such proclamation in Bengali and, if any other language has been prescribed in this behalf for the local area in which such forest is situated, also in such other language shall be published in the neighbourhood of such forest before the date so specified in such proclamation. (3) With effect from the date so specified in such proclamation all rights in respect of such forest not specified in such proclamation shall be extinguished.", "name": "Extinction of rights", "related_acts": "", "section_id": 28 }, { "act_id": 289, "details": "29. (1) Any person who- (a) \tfells, girdles, lops, taps, or burns any tree in a controlled or vested forest or strips off the bark or leaves from, or otherwise damages, any such tree, (b) \tQuarries any stone, or burns any lime or charcoal, or collects, subjects to any manufacturing process, or removes any forest-produce from a controlled or vested forest, (c) \tbreaks up or clears for cultivation or any other purpose any land in a controlled or vested forest, (d) \tsets fire to a controlled or vested forest, or kindles a fire without taking all reasonable precautions to prevent its spreading to any portion of such forest, or (e) \tpermits cattle to damage any tree in a controlled or vested forest, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred taka, or with both. (2) Any person contravening any rule made under this Ordinance for the contravention of which no special penalty is provided, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred taka, or with both.", "name": "Penalties for breach of rules", "related_acts": "", "section_id": 29 }, { "act_id": 289, "details": "30. (1) If it is proved to the satisfaction of the District Magistrate that in any vested forest- (a) \tany cattle have been permitted to trespass, (b) \tany trees have been felled, girdled, lopped, tapped, burnt, or otherwise damaged, (c) \tany other forest-produce has been burnt or removed, or (d) \tany land has been broken up for any purpose, otherwise than in the exercise of any right in or over such forest, with intent to cause detriment to the conservation of such forest and if the District Magistrate is satisfied after enquiry that the inhabitants of any local area are concerned in the commission of any such offences or are in any way assisting persons in committing such offences, the District Magistrate may, by order in writing in which shall be specified the reasons for making such order, impose on the inhabitants of such area a collective fine which may extend to five hundred taka or three times the value estimated by him of any forest-produce damaged, whichever is greater, and may, after such further inquiry, as he deems necessary, apportion such fine amongst such inhabitants and such apportionment shall be made according to the respective means of such inhabitants. (2) Every order imposing a collective fine under sub-section (1) shall be forthwith published in the local area in such manner as the District Magistrate considers best calculated to bring the order to the notice of the inhabitants of the area concerned. (3) The District Magistrate may exempt any person or section of such inhabitants from liability to pay any portion of such fine. (4) The portion of such fine payable by any person may be recovered from him as a fine or as a public demand under the 11* * * Public Demands Recovery Act, 1913. (5) Every apportionment of collective fine made under sub-section (1) shall be subject to revision by the Commissioner of the Division on application made in that behalf to him by any person affected by such apportionment within thirty days from the date on which such apportionment is made and the decision of the Commissioner thereon shall be final.", "name": "Imposition of collective fine on the inhabitants in certain cases", "related_acts": "", "section_id": 30 }, { "act_id": 289, "details": "31. No act shall be an offence for the purposes of sub-section (1) of section 29 if it is done- (a) \tin the exercise of any right in or over such forest, or (b)\tin respect of a vested forest, with the permission in writing of a Forest Officer, or (c)\tin respect of a controlled forest, with the permission in writing of the owner thereof or of his authorised agent, or (d)\tin accordance with rules made under this Ordinance.", "name": "Nothing in sub-section (1) of section 29 to prohibit acts done in certain cases", "related_acts": "", "section_id": 31 }, { "act_id": 289, "details": "32. (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, boats, motor vehicles, carts or cattle used in committing any such offence, may be seized by any Forest Officer or Police Officer. (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 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": 32 }, { "act_id": 289, "details": "33. Any Forest Officer of a rank not inferior to that of a Ranger, or any Police Officer of a rank not inferior to that of a Sub-Inspector, who, or whose subordinate has seized any tools, boats, motor vehicles, carts or cattle under section 32, 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 32", "related_acts": "", "section_id": 33 }, { "act_id": 289, "details": "34. The Regional Forest Officer may cause information to be given to a Magistrate regarding any forest offence which he has reason to believe to have been committed in respect of any forest-produce; and upon receipt of any such information, the Magistrate shall, with all convenient despatch, 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": "Information of the Magistrate and procedure thereupon", "related_acts": "", "section_id": 34 }, { "act_id": 289, "details": "35. (1) If a Regional Forest Officer has not caused information to be given to a Magistrate under section 34 in respect of any forest-produce seized under sub-section (1) of section 32, he shall, if there is any doubt as to the person who is entitled to such produce, cause a notice to be published in such manner as may be prescribed containing a description of such produce and requiring any person who may claim the same to present a written statement of his claim to him within such period as may be specified in such notice. (2) If only one such statement of claim is presented in respect of any such forest-produce, the Regional Forest Officer shall, after making such inquiry as he thinks fit and recording his reasons in writing, either reject the claim or deliver the produce to the claimant. (3) If more than one such statement of claim is presented, the Regional Forest Officer may, after making such inquiry as he thinks fit and after recording his reasons in writing, either deliver the forest-produce to such of the persons as he considers to be entitled thereto or refer the claimants to the Civil Court and retain such produce pending receipt of an order from the Civil Court for its disposal. (4) Any person whose claim has been rejected under this section may, within three months from the date of rejection of such claim, institute a suit to recover possession of the forest-produce claimed by him, but no person shall be entitled to recover any compensation or costs against the Government, or against any Forest Officer, on account of rejection of such claim or on account of the detention or removal of any forest-produce, or the delivery thereof to any other person under this section. (5) No such forest-produce shall be subject to any process of any Civil, Criminal or Revenue Court until it has been delivered, or a suit has been instituted as provided in this section.", "name": "Notice to claimants of seized forest-produce", "related_acts": "", "section_id": 35 }, { "act_id": 289, "details": "36. If no statement of claim is presented in respect of any such forest-produce after a notice has been published under sub-section (1) of section 35, or if a person whose claim has been rejected under that section omits to institute a suit under sub-section (4) thereof, the ownership of such forest-produce shall vest in the Government free from all encumbrances, or, when such forest-produce has been delivered to any person under sub-section (3) of that section, in such person free from all encumbrances not created by such person.", "name": "Disposal of unclaimed forest-produce", "related_acts": "", "section_id": 36 }, { "act_id": 289, "details": "37. (1) Any forest-produce in respect of which a forest offence has been committed and information has been given to a Magistrate under section 34 shall, on the conclusion of the trial for such offence, be made over to the owner of the forest from which it was derived or to any other person whom the Magistrate deems to be entitled to the same: Provided that, if it is not known from which forest such produce was derived, such forest-produce and all tools, boats, motor vehicles, carts and cattle used in committing such forest-offence shall be liable to confiscation. (2) Such confiscation may be in addition to any other punishment which may be awarded under this Ordinance for such offence.", "name": "Disposal of seized property after information has been given under section 34", "related_acts": "", "section_id": 37 }, { "act_id": 289, "details": "38. When the trial of any forest-offence is concluded, any forest-produce in respect of which such offence has been committed shall, if it has been confiscated, be taken charge of by a Forest Officer.", "name": "Disposal of confiscated property on conclusion of trial", "related_acts": "", "section_id": 38 }, { "act_id": 289, "details": "39. When the offender 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 Regional Forest Officer, or to be made over to the person whom the Magistrate deems to be entitled to the same: Provided that no such order shall be made until the expiry of one month from the date of seizing such property, or without 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 cannot be found", "related_acts": "", "section_id": 39 }, { "act_id": 289, "details": "40. The Magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 32 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 32", "related_acts": "", "section_id": 40 }, { "act_id": 289, "details": "41. The officer who made the seizure under section 32 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 by the Magistrate under section 37 or section 39, 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 37 or section 39", "related_acts": "", "section_id": 41 }, { "act_id": 289, "details": "42. When an order for the confiscation of any property has been passed under section 37 or section 39, as the case may be, and the period limited by section 41 for an appeal from such order has expired 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 portion thereof as the case may be, shall vest in the Government free form all encumbrances.", "name": "Property when to vest in Government", "related_acts": "", "section_id": 42 }, { "act_id": 289, "details": "43. Nothing hereinbefore 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 32.", "name": "Saving of power to release property seized", "related_acts": "", "section_id": 43 }, { "act_id": 289, "details": "44. Any Forest Officer or Police Officer who vexatiously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Ordinance shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred taka, or with both.", "name": "Punishment for wrongful seizure", "related_acts": "", "section_id": 44 }, { "act_id": 289, "details": "45. Whoever, with intent to cause damage or injury to the public or to any person or to cause wrongful gain as defined in the 12* * * Penal Code- (a) \tknowingly counterfeits upon any timber or standing tree in a controlled or vested forest 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 any such marks placed on a tree or on timber in a controlled or vested forest by or under the authority of a Forest Officer, or (c) \talters, moves, destroys or defaces any boundary mark of any forest or wasteland to which the provisions of the Ordinance apply or are applied, shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both.", "name": "Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks", "related_acts": "", "section_id": 45 }, { "act_id": 289, "details": "46. (1) Any Forest 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 under this Ordinance. (2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Ordinance 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.", "name": "Power to arrest without warrant", "related_acts": "", "section_id": 46 }, { "act_id": 289, "details": "47. Any Forest Officer of a rank not inferior to that of a Ranger, who, or whose subordinate, has arrested any person under the provisions of section 46, 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.", "name": "Power to release on a bond a person arrested", "related_acts": "", "section_id": 47 }, { "act_id": 289, "details": "48. 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": 48 }, { "act_id": 289, "details": "49. 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 six months, or with fine not exceeding five hundred taka, or with both.", "name": "Power to try offences summarily", "related_acts": "75", "section_id": 49 }, { "act_id": 289, "details": "50. Whenever a Court imposes a fine under this Ordinance or confirms in appeal under this Ordinance a sentence of fine or a sentence of which fine forms a part, for a forest-offence other than an offence specified in sub-section (1) of section 6 or section 44, the Court may, when passing judgment, order any portion of the fine recovered to be paid to the person whose information led to the detection of the offence.", "name": "Power of Court to order payment or rewards out of fine", "related_acts": "", "section_id": 50 }, { "act_id": 289, "details": "51. (1) The Government may, by notification, empower a Forest Officer- (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 sub-section (1) of section 6, section 44 or section 45, a sum of money, not exceeding fifty taka, by way of compensation for the offence which such person is suspected to have committed; and (b) \twhen any property of such person has been seized, to release the same on payment of the value thereof as estimated by such officer. (2) On the payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged, the property, if any, of such person seized shall be released, and no further proceedings shall be taken against such person or property. (3) If the forest-offence has been committed in respect of a controlled forest, the amount of any compensation paid to a Forest Officer empowered under sub-section (1) to accept such compensation, or such part of such amount as the Forest Officer deems equitable in the circumstances, may, at the discretion of the Forest Officer, be paid to the owner of the controlled forest; but the amount of any compensation not so paid to the owner of a controlled forest and the amount of any compensation paid to such a Forest Officer if the forest-offence has been committed in respect of a vested forest shall be paid into the revenues of the Province. (4) A Forest Officer shall not be empowered under this section unless he is a Forest Officer of a rank not inferior to that of a Ranger.", "name": "Power to compound offences", "related_acts": "", "section_id": 51 }, { "act_id": 289, "details": "52. Notwithstanding anything contained in any other Act, when in any area in respect of which the Government has made rules under clause (b) of sub-section (2) of section 41 of the Forest Act, 1927, any person is found to be moving forest-produce without a pass from an officer duly authorised to issue the same, the burden of proof that such person has not committed an offence under this Ordinance in respect of such forest-produce shall lie on him.", "name": "Onus of proof", "related_acts": "144", "section_id": 52 }, { "act_id": 289, "details": "53. (1) The Government may invest any Regional Forest Officers with all or any of the following powers, that is to say:- (a) \tpower to enter upon any land, or to authorise any officer to enter thereon with servants and workmen, and to survey, demarcate and make a map of the same; (b)\tthe power of 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 the 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 Regional Forest Officers with certain powers", "related_acts": "75", "section_id": 53 }, { "act_id": 289, "details": "54. It shall be lawful for any officer authorised either generally or specially in this behalf by the Regional Forest Officer to enter with his subordinates and servants and workmen at any time upon any part of a controlled forest for the purpose of ascertaining whether there has been any violation of an approved working plan and to do any other acts which are in his opinion necessary for carrying out the purposes of this Ordinance.", "name": "Power of officers", "related_acts": "", "section_id": 54 }, { "act_id": 289, "details": "55. All Forest Officers shall be deemed to be public servants within the meaning of section 21 of the 13* * * Penal Code.", "name": "Forest Officers deemed public servants", "related_acts": "", "section_id": 55 }, { "act_id": 289, "details": "56. No suit shall lie against any public servant for anything done by him in good faith under this Ordinance.", "name": "Indemnity for acts done in good faith", "related_acts": "", "section_id": 56 }, { "act_id": 289, "details": "57. (1) The Government may make rules for carrying out the purposes of this Ordinance. (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 cutting, sawing, conversion and removal of trees and timber, and the collection, manufacture and removal of forest-produce from controlled or vested forests in notified areas; (b)\tthe granting of licences to the inhabitants of towns and villages in the vicinity of controlled or vested 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 licenses to persons for selling or removing trees or timber or other forest-produce from controlled or vested forests for the purposes of trade, and the production and return of such licenses 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 controlled or vested forests in notified areas; (g) \tthe clearing and breaking up of land for cultivation or other purposes in controlled or vested forests in notified areas; (h) \tthe protection from fire of timber lying in controlled or vested forests in notified areas; (i) \tthe cutting of grass and pasturing of cattle in controlled or vested forests in notified areas; (j) \thunting, shooting, fishing, poisoning water and setting traps or snares in controlled or vested forests, and the killing or catching of elephants in such forests in areas in which the Elephants' Preservation Act, 1879 is not in force; (k) \tthe powers and duties of Forest Officers under this Ordinance; (l) \tthe procedure of an Appellate Committee referred to in clause (1) of section 2 and the manner in which an owner of a private forest shall be selected as a member of such Appellate Committee; (m) \tthe procedure of Board appointed to perform the functions of a Forest Settlement Officer referred to in clause (9) of section 2;  (n)\tthe manner in which the working plan referred to in sub-section (1) of section 3 shall be prepared, the consultation referred to in sub-sections (2) and (3a) of that section shall be made and the copy of the order referred to in sub-section (4) of that section shall be served; (o) \tthe manner in which the approved working plan shall be sent under sub-section (2) of section 4 and the consultation referred to in sub-section (3) of that section shall be made; (p) \tthe grant of loans referred to in sub-section (1) of section 8, the manner of making applications for such loans under sub-section (2) of that section, the manner in which such applications shall be considered and the recovery of such loans and the interest and costs in respect thereof under sub-section (4) of that section; (q) \tthe manner in which the consultation referred to in sub-sections (1) and (2) of section 9 shall be made and copies of the orders passed under the said sub-sections shall be served; (r) \tthe manner in which the copy of a notification issued under sub-section (1) of section 10 shall be served under sub-section (2) of that section, the determination by the Forest Settlement Officer of the matters specified in clause (c) of sub-section (4) of that section, the determination of compensation referred to in sub-section (5) of that section, the maximum amount of an award against which no appeal shall lie under clause (v) of that sub-section, the manner of payment of compensation under sub-section (6) of that section, and the manner in which the consultation referred to in sub-section (9) of that section shall be made, a copy of the order referred to in that sub-section shall be served and the working plan referred to in that sub-section shall be prepared; (s) \tthe apportionment of rent referred to in clause (i) of sub-section (1) of section 12; (t) \tthe manner in which the cost of management referred to in sub-section (1) of section 16 and the respective shares of the owners of a vested forest and the net profits in respect of such forest referred to in sub-section (5) of that section shall be determined or calculated and the copy of the statement referred to in sub-section (6) of that section shall be served;  (u) \tthe manner in which the cess referred to in sub-section (1) of section 17 may be imposed and the costs and expenses referred to in sub-section (2) of that section shall be determined; (v) \tthe manner in which the working plan referred to in clause (a) of the first proviso to sub-section (1) of section 18 shall be prepared; (w)\tthe clearing of land for cultivation or for any other purpose and the cutting, conversion and the removal of timber and the collection, manufacture and removal of other forest-produce referred to in section 21; (x) \tthe language other than Bengali referred to in sub-section (1) of section 22 and in sub-section (2) of section 28; (y)\tthe manner in which the compensation referred to in sub-section (2) of section 25 shall be paid; (z)\tthe manner in which the notice referred to in sub-section (1) of section 35 shall be published; (zz)\tthe manner in which the forest-produce referred to in sub-section (3) of section 60 shall be sold; and (zzz)\tthe manner of service of notices issued under this Ordinance. (3) In making any rule under this section the Government may provide that a contravention thereof shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred taka or with both.", "name": "Power to make rules", "related_acts": "", "section_id": 57 }, { "act_id": 289, "details": "58. All rules made by the Government to regulate the transit of timber and other forest-produce under sections 41 and 42 of the Forest Act, 1927, for the time being in force, shall apply so far as may be to the transit of all timber and other forest-produce from any private forest to which any of the provisions of this Ordinance apply.", "name": "Application of rules made under sections 41 and 42 of the Forest Act 1927, to transit of forest-produce from private forest", "related_acts": "144", "section_id": 58 }, { "act_id": 289, "details": "59. Notwithstanding anything elsewhere contained in this Ordinance, the Government may, on application made in this behalf in writing by the owner of any private forest or of any waste land referred to in sub-section (1) of section 11 or, if there be more than one owner thereof, by the owners of shares therein amounting in the aggregate to at least one-half thereof, to the Collector of the district in which such forest or land is situated, by a notification, apply the provisions of this Ordinance, applicable to vested forests, subject to such restrictions or conditions as may have been determined by an agreement between the said Collector and such person or persons, to such forest or land and thereupon such forest or land shall be managed on behalf of such owner or owners as a vested forest in accordance with such provisions by a Regional Forest Officer specified in this behalf by the Government.", "name": "Conservation of forest or afforestation of land at the request of owners", "related_acts": "", "section_id": 59 }, { "act_id": 289, "details": "60. (1) All money payable to a Regional Forest Officer under this Ordinance or under any rule made under this Ordinance, other than money payable in respect of the cost of management of a vested forest, and all money payable to such officer on account of the price of any forest-produce or on account of expenses incurred in the execution of this Ordinance, in respect of such produce shall, if not paid when due, be recoverable as a public demand under the 14* * * Public Demands Recovery Act, 1913. (2) 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 Regional Forest Officer until such amount has been paid. (3) If such amount is not paid when due, the Regional Forest Officer may sell such produce in the prescribed manner, and after payment of the costs of the sale the proceeds thereof shall be applied first in discharging such amount. (4) 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 the Government.", "name": "Recovery of money due to Regional Forest Officer and lien on forest-produce for such money", "related_acts": "", "section_id": 60 }, { "act_id": 289, "details": "61. Whenever it appears to the Government that any land is required for any of the purposes of this Ordinance, such land shall be deemed to be needed for a public purpose within the meaning of 15section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord. No. II of 1982).", "name": "Land required under this Ordinance to be deemed to be needed for a public purpose under the Land Acquisition Act, 1894", "related_acts": "619", "section_id": 61 }, { "act_id": 289, "details": "62. Subject to the provisions of this Ordinance, and to any rules made thereunder, every Regional Forest Officer- (a) \tmay do all such things requisite for the proper management of the forest the control of which has been vested in him under this Ordinance as the owner of such forest might do for its management, and (b)\tshall in the exercise of his powers and in the performance of his duties in relation to such forest be guided by such orders and instructions as may, from time to time, be issued in this behalf by the Government.", "name": "Powers of the Regional Forest Officer and control of the Government", "related_acts": "", "section_id": 62 }, { "act_id": 289, "details": "63. (1) Sections 35, 36, 37 and 38 of the Forest Act, 1927 in their application to Bangladesh are hereby repealed. (2) Such repeal shall not affect anything done or suffered or any obligation or liability accrued or any penalty incurred or any proceedings commenced before the commencement of this Ordinance. (3) Any private forest or waste land held under the control of a Forest Officer under section 36 of the Forest Act, 1927, immediately before the commencement of this Ordinance, shall, on such commencement, notwithstanding the repeal of the said section, continue to be so held under the control of a Regional Forest Officer under the provisions of this Ordinance, applicable to a vested forest and shall be deemed to be vested forest for the purposes of this Ordinance. (4) All lands which immediately before the commencement of this Ordinance, were being managed as a reserved or a protected forest under the provisions of section 38 of the Forest Act, 1927, shall, on such commencement, notwithstanding the repeal of the said section, continue to be managed under the provisions of section 59 of this Ordinance as a vested forest subject to such terms as may have been mutually agreed upon between the owner or owners of such lands and the Collector and the application made under sub-section (1) of the said section 38 by the owner or owners of any such land shall be deemed to be an application made under the said section 59.", "name": "Repeal and savings", "related_acts": "144,144,144", "section_id": 63 }, { "act_id": 289, "details": "64. Repeal of Bengal Act XI of 1945.- Repealed by Section 3 and the Second Schedule of The East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).", "name": "Repealed", "related_acts": "", "section_id": 64 } ], "text": "An Ordinance to provide for the conservation of private forests and for the afforestation in certain cases of waste lands in Bangladesh.1♣ WHEREAS it is expedient to provide for conservation of forests and for the afforestation of waste lands in Bangladesh where such forests or lands are not the property of the Government or where the Government have no proprietory right over such forests or lands; AND in pursuance of the Presidential Proclamation of the 7th day of October, 1958, and having received the previous instructions of the President, the Governor is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance:-" }

{ "id": 290, "lower_text": [ "1 Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Central Government” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Claims for Maintenance (Recovery Abroad) Ordinance, 1959", "num_of_sections": 5, "published_date": "10th September, 1959", "related_act": [ 290, 430 ], "repelled": false, "sections": [ { "act_id": 290, "details": "1. (1) This Ordinance may be called the Claims for Maintenance (Recovery Abroad) Ordinance, 1959. (2) It shall come into force at once.", "name": "Short title and commencement", "related_acts": "290", "section_id": 1 }, { "act_id": 290, "details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Article” means an article of the Convention; (b)\t“Contracting Party” means Bangladesh, and any other state whose instrument of ratification or accession is deposited under Article 13 and which is notified by the Government in the official Gazette to be a Contracting Party; (c) \t“Convention” means the United Nations Convention on the Recovery Abroad of Maintenance; and (d) \t“Transmitting Agency” and “Receiving Agency” for a Contracting Party shall mean respectively the judicial or administrative authority and the public or private body designated under Article 2 to be the Transmitting Agency or the Receiving Agency, as the case may be, and notified as such by the Government in the official Gazette.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 290, "details": "3. The Government shall, from time to time, publish in the official Gazette any information received by it from the Secretary-General of the United Nations in pursuance of Article 19.", "name": "Publication of information", "related_acts": "", "section_id": 3 }, { "act_id": 290, "details": "4. (1) Notwithstanding anything to the contrary contained in any other law, the provisions of the Convention set out in the Schedule shall have the force of law in Bangladesh. (2) The Government may amend the Schedule in conformity with such amendments as may, from time to time, be made in the Convention.", "name": "The Convention to have the force of law in Bangladesh", "related_acts": "", "section_id": 4 }, { "act_id": 290, "details": "5. The Government may make rules for carrying out the purposes of this Ordinance.", "name": "Power to make rules", "related_acts": "", "section_id": 5 } ], "text": "An Ordinance to give effect to the United Nations Convention on the Recovery Abroad of Claims for Maintenance.1♣ WHEREAS the United Nations Conference on Maintenance Obligations held at New York from the 29th May, 1956, to the 20th June, 1956, adopted the Convention on the Recovery Abroad of Maintenance; AND WHEREAS Article 13 of the said Convention provides that the Convention may be acceded to at any time on behalf of any Member of the United Nations; AND WHEREAS Bangladesh, being a Member of the United Nations, has, in pursuance of the aforesaid Article, acceded to the Convention on the fourteenth day of July, 1959; AND WHEREAS it is expedient to give effect to the Convention; NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-" }

{ "id": 291, "lower_text": [ "1 The words “Chittagong City Corporation” were substituted for the words “Chittagong Municipality” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "2 Clause (c1) 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 (f) was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "4 Clauses (j) and (k) were substituted for the previous clause (j) by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "5 Clause (c) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "6 The word “Bangladesh” was substituted for the words “Pakistan eastern” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "7 Clause (h) was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "8 The words, figures, comma and brackets “the Corporation is superseded under section 146 of the Chittagong City Corporation Ordinance, 1982 (Ord. No. XXXV of 1982)” was substituted for the words, figures, comma and brackets “the Municipal Committee is superseded under section 112 of the Municipal Administration Ordinance, 1960” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "9 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)", "10 Section 13 was substituted by section 2 of the Chittagong Development Authority (Amendment) Ordinance, 1976 (Ordinance No. LXVII of 1976)", "11 Section 15 was substituted by section 3 of the Chittagong Development Authority (Amendment) Ordinance, 1976 (Ordinance No. LXVII of 1976)", "12 Section 18 was substituted by section 4 of the Chittagong Development Authority (Amendment) Ordinance, 1976 (Ordinance No. LXVII of 1976)", "13 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "14 The word “city” was substituted for the word “town” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "15 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "16 The words “Mayor of the Corporation” were substituted for the words “Chairman of the Municipal Committee” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "17 The words “Mayor of the Corporation” were substituted for the words “Chairman of the Municipal Committee” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "18 The words “Mayor of the Corporation” were substituted for the words “Chairman of the Municipal Committee concerned” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "19 Sections 36A and 36B were inserted by section 4 of the East Bengal Building Construction (Amendment) Ordinance, 1960 (East Pakistan Ordinance No. V of 1960)", "20 The words and comma “Corporation, etc.” were substituted for the words and comma “Municipality, Union Board or District Board” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "21 The words “Zilla Parishad or any Union Parishad” were substituted for the words “District Council or any Union Council” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "22 The words “in that Zilla or Union Parishad ” were substituted for the words “in that District or Union Council” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "23 The words “Mayor of the Corporation or to the Chairman of the Zilla Parishad or of the Union Parishad” were substituted for the words “Chairman of the Municipal Committee or of the District Council or of the Union Council concerned” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "24 The words and comma “Corporation, the Zilla or the Union Parishad” were substituted for the words and comma “Municipal Committee, the District or the Union Council” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "25 The words “Zilla or the Union Parishad” were substituted for the words “District or the Union Council” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "26 The words and comma “Corporation, the Zilla or the Union Parishad” were substituted for the words and comma “Municipal Committee, the District or the Union Council” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "27 The words “within the Corporation” were substituted for the word “Municipality” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "28 The words “Corporation Fund” were substituted for the words “Municipal Funds” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "29 The word “Corporation” was substituted for the words “Municipal Committee” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "30 The words “Corporation Fund” were substituted for the words “Municipal Funds” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "31 The words, comma, figures and brackets “Chittagong City Corporation Ordinance, 1982 (Ord. No. XXXV of 1982)” were substituted for the words, comma, figures and brackets “Municipal Administration Ordinance, 1960 (Ord. No. X of 1960)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "32 The word “Corporation” was substituted for the words, commas, figures and brackets “Municipal Committee, except those referred to in section 32 of the Municipal Administration, 1960 (Ord. No. X of 1960)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "33 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)", "34 The words, comma, figures and brackets “Chittagong City Corporation Ordinance, 1982 (Ordinance No. XXXV of 1982)” were substituted for the words, comma, figures and brackets “Municipal Administration Ordinance, 1960 (Ordinance No. X of 1960)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "35 The word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "36 The words “Mayor of the Corporation” were substituted for the words “Chairman of the Municipal Committee” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "37 The words, comma, figures and brackets “Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord. No. II of 1982)” were substituted for the words, figures and brackets “Land Acquisition Act of 1894 (I of 1894)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "38 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "39 The words “Corporation and its Mayor” were substituted for the words “Municipal Committee and its Chairman” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Chittagong Development Authority Ordinance, 1959 (East Pakistan Ordinance)", "num_of_sections": 106, "published_date": "27th July, 1959", "related_act": [ 388, 103, 619, 11, 652, 430, 75, 633 ], "repelled": true, "sections": [ { "act_id": 291, "details": "1. (1) This Ordinance may be called the Chittagong Development Authority Ordinance, 1959. (2) It extends to the areas comprised within the limits of the 1Chittagong City Corporation; but the Government may, by notification, extend the Ordinance or any provision thereof to such other areas in the vicinity of the said Corporation as may be specified in the notification. (3) It shall come into force in such areas and on such dates as the Government may, by notification, specify.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 291, "details": "2. In this Ordinance unless there is anything repugnant in the subject or context,- (a) \t“Authority” means the Authority established under sub-section (1) of section 3; (b)\t“Chairman” means the Chairman of the Authority appointed under sub-section (1) of section 4; (c)\t“Controlled area” means an area declared to be controlled area under section 26; 2(c1)\t“Corporation” means the Chittagong City Corporation; (d)\t“Land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth; (e)\t“Member” means a member of the Authority appointed under sub-section (1) of section 4; 3* * * (g)\t“Notification” means notification published in the official Gazette; (h)\t“Prescribed” means prescribed by rules made under this Ordinance; and (i)\t“Secretary to the Authority” means the person for the time being appointed by the Authority to discharge the functions of Secretary to the Authority; 4(j)\t“Union Parishad” means a Union Parishad constituted under the Local Government (Union Parishads) Ordinance, 1983 (Ord. No. LI of 1983) and situated in any part of the Chittagong District in which this Ordinance is in force; (k)\t“Zilla Parishad” means the Chittagong Zilla Parishad.", "name": "Definitions", "related_acts": "652", "section_id": 2 }, { "act_id": 291, "details": "3. (1) The Government may, by notification, establish an Authority to be known as the Chittagong Development Authority for carrying out the purpose of this Ordinance. (2) The Authority shall be a body corporate, shall be entitled to acquire and hold property, shall have perpetual succession and common seal, and shall by the said name sue and be sued.", "name": "Establishment of the Authority", "related_acts": "", "section_id": 3 }, { "act_id": 291, "details": "4. (1) The Authority shall consist of- (a) a Chairman to be appointed by the Government … Chairman (b) the Deputy Commissioner, Chittagong,  ex-officio … Member 5(c) the Mayor of the Corporation, ex-officio … Do (d) a representative of the 6Bangladesh Railway to be nominated by the Government … Do (e) a representative of the Chittagong Port Trust to be nominated by the Port Trust … Member (f) the Chairman of the Chittagong Water Supply and Sewerage Authority, ex-officio; … Do (g) a representative of the Chambers of Commerce and Industry to be appointed by Government from among a panel of three names to be nominated by the Chittagong Chambers of Commerce and Industry, ex-officio; … Do 7(h) two Commissioners of the Corporation to be elected by Commissioners of the Corporation, ex-officio; … Do (i) not more than four members to be appointed by the Provincial Government: … Do Provided that if at any time 8the Corporation is superseded under section 146 of the Chittagong City Corporation Ordinance, 1982 (Ord. No. XXXV of 1982), the seats allotted to it under clauses (c) and (h) of this sub-section shall be deemed to have fallen vacant, and such vacancies shall be filled by the Government by appointment, by notification, and the persons so appointed shall hold office until the re-constitution of the Corporation under the provisions of the said Ordinance: Provided further that at least two of the persons so appointed shall be tax-payers of the Corporation; (2) The term of office of the Chairman shall be not more than five years and that of a Member except ex-officio Members three years, at a time. Any person ceasing to be the Chairman or Member by reason of the expiry of the term of his office may be reappointed for another term or for such shorter period as the Government may decide: Provided that the Government may, by notification, remove the Chairman or a Member at any time during the term of his office. (2A)Was inserted by section 2 of the Chittagong Development Authority (Amendment) Act, 1964 (Act No. VII of 1964) and 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 Chairman may be either a wholetime or a part-time officer.", "name": "Chairman, Members, Terms", "related_acts": "633", "section_id": 4 }, { "act_id": 291, "details": "5. (1) The Chairman shall receive such monthly salary and allowances as may be fixed by the Government and be subject to such conditions of service as may be prescribed and shall perform such duties as are assigned to him under this Ordinance or rules framed under it. (2) Every Member shall be entitled to receive such fee or allowance for attending the meetings of the Authority, as may be prescribed.", "name": "Remuneration and condition of service of Chairman and Members", "related_acts": "", "section_id": 5 }, { "act_id": 291, "details": "6. The Chairman or any Member may at any time resign, provided that his resignation shall not take effect until accepted by the Government.", "name": "Resignation of Chairman, Member", "related_acts": "", "section_id": 6 }, { "act_id": 291, "details": "7. (1) A person shall be disqualified for being appointed Chairman or Member of the Authority; if he- (a) \thas been declared insolvent; or (b) \thas been declared to be disqualified for employment in, or has been dismissed from the service of 9Bangladesh, or has been convicted of an offence involving moral turpitude; or  (c)\thas knowingly acquired or continued to hold, without the permission in writing of the Government, directly or indirectly or through a partner any share or interest in any contract or employment with or by or on behalf of the Authority, or in any land or property which, in his knowledge, is likely to benefit him or has benefited him as a result of the operation of the Authority, and the Government may, by notification, remove a Chairman or any Member for any of the above disqualifications, or if he refuses, or fails to discharge, or becomes, in the opinion of the Government, incapable of discharging his responsibilities under this Ordinance. (2) No person shall be disqualified as aforesaid, or be deemed to have any share or interest in such contract or employment as aforesaid, by reason only of having a share or interest in- (i)\tany sale, purchase, lease, or exchange of land or any agreement for the same; or (ii)\tany agreement for the loan of money, or any security for the payment of money only; or (iii)\tany newspapers in which any advertisement relating to the affairs of the Authority is inserted; or (iv)\tthe occasional sale to the Authority, to a value not exceeding two thousand taka in any one financial year, of any article in which he trades; or by reason only of his having a share or interest, otherwise than as director, secretary, manager or other salaried officer, in any incorporated company which has any share or interest in any contract or employment with, by, or on behalf of, the Authority.", "name": "Removal of Chairman or Member", "related_acts": "", "section_id": 7 }, { "act_id": 291, "details": "8. If the Chairman or any Member is granted leave or any one of them dies, resigns, or is removed from office, the Government may appoint a Chairman, or Member, as the case may be, for the period of absence or remainder of the term, as the case may be.", "name": "Filling of casual vacancies", "related_acts": "", "section_id": 8 }, { "act_id": 291, "details": "9. (1) The Authority shall meet at such time and place and in such manner, as may be prescribed: Provided that until rules are made in this behalf such meetings shall be convened by the Chairman. (2) The Chairman, or in his absence, a Member authorised by the Chairman, and two other Members shall be present to constitute a quorum at a meeting of the Authority.", "name": "Meetings of the Authority", "related_acts": "", "section_id": 9 }, { "act_id": 291, "details": "10. (1) The Authority may associate with itself any person whose assistance or advice it may desire in carrying out any of the provisions of the Ordinance or rules thereunder. (2) Any person associated with itself by the Authority for any purpose shall have a right to take part in the discussions of the Authority but shall exercise no vote. An associate Member may be given such fee or allowance, as may be prescribed.", "name": "Temporary Association of Members", "related_acts": "", "section_id": 10 }, { "act_id": 291, "details": "11. No act done or proceeding taken under this Ordinance shall be questioned on the ground merely of- (a) \tthe existence of any vacancy in, or any defect in the establishment of the Authority; or (b)\tany omission, defect or irregularity not affecting the merits of the case.", "name": "Indemnity", "related_acts": "", "section_id": 11 }, { "act_id": 291, "details": "12. The Authority may enter into and perform all such contracts as they may consider necessary or expedient for carrying out any of the purposes of this Ordinance.", "name": "Power to make and perform contracts", "related_acts": "", "section_id": 12 }, { "act_id": 291, "details": "1013. (1) Every such contract shall be made by the Chairman on behalf of the Authority: Provided that a contract involving expenditure exceeding Taka five lakhs shall not be made by the Chairman without the previous sanction of the Authority. (2) Every estimate for expenditure of any sum for carrying out the purposes of this Ordinance, all specifications of work and of the material or goods to be supplied and the conditions of the contract shall be approved,- (a)\twhere the expenditure involved does not exceed Taka five lakhs, by the Chairman; and (b)\tin other cases, by the Authority. (3) Sub-sections (1) and (2) shall apply to every variation or abandonment of a contract or estimate as well as to an original contract or estimate.", "name": "Making of contracts", "related_acts": "", "section_id": 13 }, { "act_id": 291, "details": "14. (1) Every contract made by the Chairman on behalf of the Authority shall be entered into in such manner and form as would bind the Chairman if such contract were made on his own behalf, except that the common seal of the Authority shall used; and every such contract may in the like manner and form be varied or discharged. (2) Every contract for the execution of any work or the supply of any materials or goods shall be in writing and shall be sealed. (3) The common seal of the Authority shall remain in the custody of the Secretary to the Authority and shall not be affixed to any contract or other instrument except in the presence of a Member (other than the Chairman), who shall attach his signature to the contract or instrument in token that the same was sealed in his presence. (4) The signature of the said Member shall be in addition to the signature of any witness to the execution of such contract or instrument. (5) A contract not executed as provided in this section shall not be binding on the Authority.", "name": "Further provisions as to execution of contracts, and provisions as to seal of authority", "related_acts": "", "section_id": 14 }, { "act_id": 291, "details": "1115. (1) No contract shall be made for execution of any work or for supply of any material or goods without inviting tenders in respect thereof by notice published in local newspapers. (2) The time to be stipulated in the notice for submission of a tender under sub-section (1) shall be,- (a) \tin a case where the work to be executed or the material or goods to be supplied involves an expenditure not exceeding Taka ten thousand, not less than seven days; and (b)\tin all other cases, fourteen days. (3) A tender submitted under sub-section (1) may be accepted by the Chairman but, in a case where the expenditure involved in the work to be executed or the material or goods to be supplied exceeds Taka five lakhs, the tender shall not be accepted by him without the prior approval of the Authority. (4) The provisions of this section shall not be construed as requiring the acceptance by the Chairman or approval by the Authority of a tender; and the Chairman, where necessary with the approval of the Authority, may- (a) \taccept any tender which appears to him, in consideration of all circumstances, to be the most advantageous, or (b) \treject all the tenders submitted to him.", "name": "Tenders", "related_acts": "", "section_id": 15 }, { "act_id": 291, "details": "16. The Chairman shall take sufficient security for the due performance of every contract involving an expenditure exceeding one thousand taka.", "name": "Security for performance of contract", "related_acts": "", "section_id": 16 }, { "act_id": 291, "details": "17. (1) The Chairman shall forward to the Government a copy of the minutes of the proceedings of each meeting of the Authority, within ten days from the date on which the minutes of the proceedings of such meeting were signed. (2) If the Government so directs in any case, the Chairman shall forward to it a copy of all papers which were laid before the Authority for consideration at any meeting. (3) The Government may require the Chairman to furnish it with- (a) \tany return, statement, estimate, statistics or other information regarding any matter under the control of the Authority, or  (b) \ta report on any such matter, or (c) \ta copy of any document in the charge of the Chairman. (4) The Government, at the time, cause an investigation to be made by an officer appointed in this behalf into the affairs of the Authority.", "name": "Supply of documents and information to the Government", "related_acts": "", "section_id": 17 }, { "act_id": 291, "details": "1218. Subject to such rules as may be made by the Government in this behalf, the Authority may create such posts and appoint such officers and other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be determined by regulations: Provided that no post the maximum pay of which, excluding technical pay, if any, is above Taka 1,250 per month shall be created or filled up by the Authority except with the prior approval of the Government: Provided further that the creation of any post shall be subject to specific provision being made in the approved budget in that behalf.", "name": "Appointment of officers, etc.", "related_acts": "", "section_id": 18 }, { "act_id": 291, "details": "19. Appointment, punishment and appeal.- Omitted by section 5 of the Chittagong Development Authority (Amendment) Ordinance, 1976 (Ordinance No. LXVII of 1976).", "name": "Omitted.", "related_acts": "", "section_id": 19 }, { "act_id": 291, "details": "20. The Authority may, by general or special order delegate to Chairman, a Member or an Officer of the Authority, any of its power, duties or functions under this Ordinance subject to such conditions as it may think fit to impose.", "name": "Delegation of powers to Chairman, etc.", "related_acts": "", "section_id": 20 }, { "act_id": 291, "details": "21. (1) The Chairman, Members, Officers and other employees of the Authority shall, when acting or purporting to act in pursuance of any of the provisions of this Ordinance, be deemed to be public servants within the meaning of section 21 of the 13* * * Penal Code, 1860.  (2) No suit, prosecution or other legal proceedings shall lie against the Authority, the Chairman, Members or Officers and other employees of the Authority in respect of anything done or intended to be done, in good faith, under the Ordinance.", "name": "Immunity of the Authority and its employees", "related_acts": "11", "section_id": 21 }, { "act_id": 291, "details": "22. (1) The Authority shall, as soon as feasible, but not more than two years after the provisions of this Ordinance come into force, prepare and submit to the Government for approval a Master Plan for the Corporation and the areas in its vicinity indicating the manner in which it proposes that land should be used (whether by carrying out thereon of development or otherwise) and the stages by which any such development should be carried out. (2) The Master Plan shall include such maps and such descriptive matter as may be necessary to illustrate the proposals aforesaid with such degree of particularity as may be appropriate between different parts of the 14city, and any such plan may, in particular, define the sites of proposed roads, public and other buildings and works, or fields, parks, pleasure-grounds and other open spaces or allocate areas of land for use for agricultural, residential, industrial or other purposes of any class specified in the Master Plan. (3) The Government shall, within one month from the date of receipt of the Master Plan from the Authority, publish the same in the official Gazette. (4) Any person objecting to the Plan or part thereof shall file objection with the Government within thirty days from the date of the publication of the Master Plan. (5) The Government after considering the objects that may be filed, shall approve the Master Plan within three months from the date of publication under sub-section (3), either with or without modification.", "name": "Preparation of Master Plan by the Authority", "related_acts": "", "section_id": 22 }, { "act_id": 291, "details": "23. (1) When the Government approves the Master Plan submitted under section 22 it shall announce the fact by notification and the publication of such notification shall be conclusive evidence that the Master Plan has been duly made and approved, and thereafter it shall be unlawful for any person to use any land for any purposes other than that laid down in the Master Plan, unless he has been permitted to do so under section 24. (2) The Authority may, from time to time, with the approval of the Government and the Government may, at any time, amend or alter any specific provision of the Master Plan. Any such amendment or alteration shall be published in the official Gazette. (3) All future developments and construction, both public and private, shall be in conformity with the Master Plan or with the amendment thereof. (4) The Master Plan, or an amendment thereof, shall neither before nor after it has been approved, be questioned in any legal proceedings whatsoever and shall become operative on the day it is published in the official Gazette under sub-section (1) or sub-section (2), as the case may be.", "name": "Publication of Master Plan", "related_acts": "", "section_id": 23 }, { "act_id": 291, "details": "24. (1) If any person desires to use any land for any purpose other than that laid down in the Master Plan approved under section 23, he may apply in writing to the Chairman for permission so to do. (2) If the Chairman refuses permission to any person, such person may, within sixty days of the Chairman's refusal, appeal to the Authority against such refusal. (3) The decision of the Authority on any appeal under sub-section (2) shall be final. (4) No compensation shall be payable to any person owing to the restricted use to which his land may be put under section 23.", "name": "Permission for use of land contrary to the Master Plan", "related_acts": "", "section_id": 24 }, { "act_id": 291, "details": "25. After publication of the Master Plan, the Chairman or any Officer of the Authority, from such date as the Government may, by notification, declare, shall be deemed to be the only authorised Officer, within the meaning of clause (a) of section 2 of the 15* * * Building Construction Act, 1952, which Act shall be deemed to be modified to that extent, so far as it relates to the area within the jurisdiction of the Authority.", "name": "Authorised Officer", "related_acts": "", "section_id": 25 }, { "act_id": 291, "details": "26. The Authority may, by notification, declare any area included in the Master Plan to be a controlled area for the purpose of this Ordinance, and may issue in respect of such area such directions as it considers fit and appropriate, and may do all things as may be necessary for the prevention or correction of substandard or haphazard growth of colonies, and buildings and operations in such area.", "name": "Controlled Area", "related_acts": "", "section_id": 26 }, { "act_id": 291, "details": "27. (1) The Authority may, after giving due notice in writing to the persons affected thereby and after giving such persons an opportunity of being heard, declare any area included in the Master Plan to be a use area. (2) If within two years after such declaration has been made the area or any part thereof remains, in the opinion of the Authority, unreasonably unutilised, then upon such determination such area or part thereof shall be valued by the Authority and, after such valuation, shall be taxed by the Authority annually at the rate of three per cent. of the value thereof until such time as an improvement satisfactory to the Authority shall have been completed. (3) The tax revenues accruing under this section shall belong to, and may be utilised for the general purposes of, the Authority.", "name": "Declaration of use area and location thereof", "related_acts": "", "section_id": 27 }, { "act_id": 291, "details": "28. (1) After publication of the Master Plan under sub-section (3) of section 22, the Authority shall prepare, and submit to the Government Five year Programmes of development and improvement of the areas covered by the Master Plan, on the basis of the said Plan, listing the schemes of development and improvement, including works of water supply and sewerage in their approximate order of execution and with approximate cost of each. (2) The Government shall, within six months of its submission, either approve or disapprove the Programme referred to in sub-section (1), or approve it with such additions or modifications as, in consultation with the Authority, it deems fit to make.", "name": "Preparation of Development Programmes", "related_acts": "", "section_id": 28 }, { "act_id": 291, "details": "29. (1) After approval of the Programmes by the Government, with or without any modification, the Authority shall prepare and submit to the Government specific schemes on the basis of the Programme, including any other scheme or schemes which the Government may direct the Authority to prepare, and all such schemes shall contain plans for the proposed development, including those for housing, if any, with estimates of cost and proposed methods of financing. Any such scheme involving ejectment of persons should also indicate the manner of resettlement or re-housing of affected persons: Provided that the Authority may, without need for further approval by the Government, under intimation to the Government, undertake execution of any scheme already approved by it in the Programmes, the total estimated cost of which does not exceed taka one lakh and specific provision for which exists in the annual estimate for income and expenditure of the Authority: Provided further that the Authority may, with prior approval of the Government, take up for execution schemes of urgent public importance even before the preparation of the Master Plan under section 22 and of the Development Programme prepared thereon under this section. (2) The Government may sanction, with or without any modification, or may refuse to sanction, or may return for reconsideration, any specific scheme submitted to it under sub-section (1), or may call for such further details or information about the scheme, or may direct such further examination of the scheme, as it may consider necessary. (3) A Scheme framed and sanctioned under this Ordinance may be amended or modified by the Authority at any time but if a material change is made in the scheme, previous sanction of the Government shall be obtained. Explanation.- An increase in the cost of the scheme by more than ten per cent of the sanctioned cost shall be deemed to be a material change for the purpose of this section.", "name": "Preparation and submission of specific schemes to Government", "related_acts": "", "section_id": 29 }, { "act_id": 291, "details": "30. An improvement or development scheme may provide for all or any of the following matters, namely:- (a)\tthe acquisition by the Authority of any land, in the area comprised in the scheme, which will, in their opinion, be required for the execution of the scheme or be affected by the execution of the scheme; (b)\tthe laying out or re-laying out of the land in the said area; (c)\tsuch demolition, alteration or reconstruction of buildings situated on land which it is proposed to acquire in the said area, as the Authority may think necessary; (d)\tthe construction of any buildings which the Authority may consider it necessary to erect for any purpose other than sale; (e)\tthe laying out or alteration of streets (including bridges, causeways and culverts); (f)\tthe levelling, paving, metalling, flagging, channeling, sewering and draining of the said streets and the provision therein of water, lighting and other sanitary conveniences ordinarily provided in a Municipality; (g)\tthe raising, lowering or levelling of any land in the area comprised in the scheme; (h) \tthe formation, establishment, retention or enlargement of open spaces, parks, recreational zones, play grounds, markets, bazars, shopping areas, or any other type of development, as may be considered necessary for urban communities; (i) \tthe augmentation of the present water-supply, or any other scheme for the improvement of the water-supply; (j) \tthe making of a drainage and sewerage scheme including outfall works; and (k) \tthe development of residential areas, commercial areas, industrial areas, recreational areas, educational zones and administrative zones; (l) \tthe development of such areas outside, but contiguous to, the area of a particular scheme or schemes as the Authority may think fit to develop; and (m)\tany other matters consistent with this Ordinance which the Authority may think fit.", "name": "Matters to be provided for in improvement scheme", "related_acts": "", "section_id": 30 }, { "act_id": 291, "details": "31. Whenever it appears to the Authority that it is expedient in the interests of the public and for the proper planning of the area included in any improvement or development scheme- (a) \tthat any use of land should be discontinued, or that any conditions should be imposed on the continuance thereof; or (b) \tthat any building or works or factory should be altered or removed, the Authority may pass a resolution to the effect and such resolution shall form part of the particulars of the scheme under clause (c) of sub-section (1) of section 33.", "name": "Discontinuance of use of land and alteration or removal of building", "related_acts": "", "section_id": 31 }, { "act_id": 291, "details": "32. The Authority may frame schemes (hereinafter called the re-housing schemes) for the construction, maintenance and management of such and so many dwellings and shops as they may consider ought to be provided for persons of the poorer and working classes who are displaced or likely to be displaced by the execution of any improvement or development scheme sanctioned under this Ordinance.", "name": "Re-housing of persons displaced by improvement schemes", "related_acts": "", "section_id": 32 }, { "act_id": 291, "details": "33. (1) When any improvement or development scheme or re-housing scheme has been framed, for any area within the Corporation, the Authority shall prepare a notice, stating- (a) \tthe fact that the scheme has been framed, (b) \tthe boundaries of the area comprised in the scheme, and (c) \tthe place at which particulars of the scheme, a map of the area comprised in the scheme, and a statement of the land which it is proposed to acquire and of the land in regard to which it is proposed to recover a betterment fee, may be seen at reasonable hours. (2) The authority shall- (i) \tcause the said notice to be published weekly for three consecutive weeks in the official Gazette and in local newspapers, with a statement of the period within which objections will be received, and (ii) \tsend a copy of the notice to the 16Mayor of the Corporation. (3) The Chairman shall cause copies of all documents referred to in clause (c) of sub-section (1) to be delivered to any applicant on payment of such fee as may be prescribed.", "name": "Preparation, publication and transmission of notice as to improvement scheme and supply of documents to applicants", "related_acts": "", "section_id": 33 }, { "act_id": 291, "details": "34. The 17Mayor of the Corporation to whom a copy of the notice has been sent under clause (ii) of sub-section (2) of section 33 shall, within a period of thirty days from the receipt of the said copy, forward to the Authority any representation which the Corporation may think fit to make with regard to the scheme.", "name": "Transmission to Board of representation by Corporation", "related_acts": "", "section_id": 34 }, { "act_id": 291, "details": "35. As soon as possible after the publication of a notice under section 33, the Chairman shall send a statement containing the particulars of the land which it is proposed to acquire in executing the scheme or in regard to which it is proposed to recover a betterment fee, to the 18Mayor of the Corporation, with a request to furnish- (i) \ta list of the names and addresses of the persons whose lands are likely to be acquired for, or affected by, the execution of the scheme, and (ii)\ta copy of or extract from the municipal assessment list, within fourteen days of the receipt of such request and on payment of prescribed fee.", "name": "Furnishing list of persons and copy of, or extract from assessment list", "related_acts": "", "section_id": 35 }, { "act_id": 291, "details": "1936A. The Government may sanction, either with or without modification, or may refuse to sanction, any improvement scheme or rehousing scheme submitted to it under section 36 but in either case, it shall communicate its decision to the Authority within four months from the date of receipt of the scheme from the Authority.", "name": "Power to sanction or reject improvement scheme", "related_acts": "", "section_id": 36 }, { "act_id": 291, "details": "36B. (1) Whenever the Government sanctions any improvement scheme or rehousing scheme, it shall announce the fact by notification, and the Authority shall forthwith proceed to execute the scheme. (2) The publication of a notification under sub-section (1) in respect of any scheme shall be conclusive evidence that the scheme has been duly framed and sanctioned.", "name": "Notification of sanction to improvement scheme", "related_acts": "", "section_id": 37 }, { "act_id": 291, "details": "36. (1) After the expiry of the periods respectively prescribed under clause (i) of sub-section (2) of section 33 and by section 34 in respect of any improvement scheme or re-housing scheme, the Authority shall consider any objection, representation and statement of dissent received thereunder and after hearing all persons making any such objection, representation or dissent who may desire to be heard, the Authority may either abandon the scheme or apply to the Government for sanction to the scheme with such modification (if any), as the Authority may consider necessary. (2) Every application submitted under sub-section (1) shall be accompanied by- (a) \ta description of, and full particulars relating to the scheme, and complete plans and estimates of the cost of executing the scheme; (b)\ta statement of the reasons for any modifications made in the scheme as originally framed; (c) \ta statement of objections (if any), received under section 33; (d) \tany representation received under section 34;  (e)\ta statement of the arrangements made or proposed by the Authority for the re-housing of persons of the poorer and working classes who are likely to be displaced by the execution of the schemes.", "name": "Abandonment of improvement scheme, or application to Government to sanction it", "related_acts": "", "section_id": 38 }, { "act_id": 291, "details": "37. Any number of areas in respect of which improvement, development or re-housing schemes have been, or are proposed to be framed, may at any time, be included in one combined scheme.", "name": "Combination of improvement scheme", "related_acts": "", "section_id": 39 }, { "act_id": 291, "details": "38. No street laid out or altered by the Authority shall be of less width than- (a) \tforty feet, if the street be intended for vehicular traffic, or (b)\ttwenty feet, if the street be intended for pedestrian traffic only: Provided as follows:- (i) \tthe width of an existing street need not be increased to the minimum required by this section, if the Authority consider it impracticable to do so; and  (ii)\tnothing in this section shall be deemed to prevent the Authority from laying out service passages for sanitary purposes of any width less than twenty feet.", "name": "Width of streets", "related_acts": "", "section_id": 40 }, { "act_id": 291, "details": "39. (1) Whenever any building, or any street, square or other land, or any part thereof, which- (a) \tis situated in the Municipality and is vested in Corporation, or (b)\tis situated in any part of the 21Zilla Parishad or any Union Parishad in which this Ordinance is for the time being in force, and is vested 22in that Zilla or Union Parishad, is within the area of any improvement or development scheme or re-housing scheme and is required for the purpose of such scheme, the Authority shall give notice accordingly to the 23Mayor of the Corporation or to the Chairman of the Zilla Parishad or of the Union Parishad, and such building, street, square, other land or part, shall thereupon vest in the Authority. (2) Where any street or square, or any part thereof vests in the Authority under sub-section (1), no compensation shall be payable by the Authority to the 24Corporation, the Zilla or the Union Parishad, in respect of such street, square or part. (3) Where any land, not being street or square, vests in the Authority under sub-section (1), compensation in respect of such land shall not be payable by the Authority except to the 25Zilla or the Union Parishad, as the case may be. (4) Where any building vests in the Authority under sub-section (1), compensation for such building shall be payable by the Authority to the 26Corporation, the Zilla or the Union Parishad, as the case may be. (5) If any question or dispute arises- (a)\twhether compensation is payable under any of the sub-sections (3) and (4), or (b)\tas to the amount of the compensation paid or proposed to be paid under sub-section (3) or sub-section (4), or (c)\twhether any building or street, or square or other land, or any part thereof is required for the purpose of the scheme, the matter shall be referred to the Government whose decision shall be final. Explanation.- For the purposes of this section, “Building” means only the structure, and does not include any land other than the land on which it actually stands; and “Compensation” means a sum equal to the market value of the land or building on the date of the service of the notice under sub-section (1).", "name": "Transfer to authority for purposes of improvement scheme of building or land vested in a Corporation, etc.", "related_acts": "", "section_id": 41 }, { "act_id": 291, "details": "40. Whenever the Authority are satisfied- (a) \tthat any street laid out or altered by the Authority has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in the plans sanctioned by the Government under sub-section (2) of section 29; (b) \tthat such lamps, lamp-posts and other apparatus for the lighting of such street as ought to be provided by the Authority have been so provided, and (c) \tthat water and other sanitary conveniences ordinarily provided in a 27within the Corporation have been duly provided in such street, the Authority shall pass a resolution to that effect and shall call upon the Corporation to take over such street as and from the date fixed by such resolution for the purpose.", "name": "Taking over of laid out or altered streets by Corporation", "related_acts": "", "section_id": 42 }, { "act_id": 291, "details": "41. (1) After the provisions of this Ordinance is brought into force under sub-section (3) of section 1, the Government may, upon such terms and conditions as may be laid down, transfer to the Authority any scheme sanctioned or undertaken by the Government or by any local authority and may also place at the disposal of the Authority any properties, movable, or immovable connected with or ancillary or appurtenant to any such scheme and any scheme so transferred shall be deemed to be a scheme sanctioned by the Government. (2) It shall be lawful for the Authority to execute and maintain all works and carry out all unfinished works and operations required for the execution of any scheme transferred under sub-section (1). (3) The Government may, upon such terms and conditions as may be laid down, place at the disposal of the Authority any property or fund held by the Government, or any local authority or any other body, or permit the Authority to levy and retain duties which, immediately before establishment of the Authority, were leviable by the Government, local authority or local body, and thereupon the Authority shall hold such property or fund and levy such duties in accordance with such terms and conditions.", "name": "Transfer of any scheme or property of Government or local authority to the Authority", "related_acts": "", "section_id": 43 }, { "act_id": 291, "details": "42. The Authority may- (a) \tcause a survey of land to be made, whenever they consider that a survey is necessary or expedient for carrying out the purposes of this Ordinance, or (b) \tcontribute towards the cost of any survey made by any other local authority.", "name": "Power to make survey or contribute towards their cost", "related_acts": "", "section_id": 44 }, { "act_id": 291, "details": "43. (1) The Chairman or any person either generally or specially authorised by the Chairman in this behalf may, with or without assistants or workmen, enter into or upon any land, in order- (a)\tto make any inspection, survey, measurement valuation or inquiry, (b)\tto take levels, (c)\tto dig or bore into the sub-soil, (d)\tto set out boundaries and intended lines of work, (e)\tto mark such levels, boundaries and lines by placing marks, and cutting trenches, or (f)\tto do any other thing, whenever it is necessary to do so for any of the purposes of this Ordinance or any rule made or scheme sanctioned hereunder or any scheme which the Authority intend to frame hereunder: Provided as follows: (a) \tno such entry shall be made between sunset and sunrise; (b)\tno dwelling-house, and no public building or hut which is used as a dwelling-place, shall be so entered, unless with the consent of the occupier thereof, without giving the said occupier at least twenty-four hours' previous written notice of the intention to make such entry; (c) \tsufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to females to remove to some part of the premises where their privacy need not be disturbed; (d)\tdue regard shall always be had, so far as may be compatible with the exigencies of the purpose, for which the entry is made, to the social and religious usages of the occupants of the premises entered. (2) Whenever the Chairman or a person authorised under sub-section (1) enters into or upon any land in pursuance of that sub-section, he shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the Authority whose decision shall be final.", "name": "Power of Entry", "related_acts": "", "section_id": 45 }, { "act_id": 291, "details": "44. (1) There shall be a fund to be known as the “Chittagong Development Authority Fund” (hereinafter referred to as the Fund) vested in the Authority which shall be utilised by the Authority to meet charges in connection with its functions under this Ordinance including the payment of salaries and other remuneration to the Chairman, Members and Officers and of the other employees of the Authority. (2) The said Fund shall consist of- (a) \tcontribution of the Corporation under section 45; (b) \tgrant made by Government; (c) \tloans obtained from Government; (d)\tloans obtained by the Authority with special or general sanction of the Government under section 46;  (e)\tforeign aid and loan obtained from the Development Loan Fund, with the sanction of, and on such terms and condition as may be approved by Government; and (f) \tproceeds of the betterment fee levied under section 77; water rate, conservancy rate or any other rate levied by the Authority under the provisions of this Ordinance, with the sanction of the Government; (g) \tall other sums received by the Authority.", "name": "Chittagong Development Fund", "related_acts": "", "section_id": 46 }, { "act_id": 291, "details": "45. (1) The 29Corporation shall pay from the 30Corporation Fund to the Authority on the first day of each quarter, so long as the Authority continue to exist, a sum equivalent to one-half per cent per quarter on the annual value determined under Chapter V of the 31Chittagong City Corporation Ordinance, 1982 (Ord. No. XXXV of 1982) as it stood on the first day of the last preceding quarter: Provided that if this Ordinance is directed to come into force during a quarter, the amount of the first of such payments shall bear such proportion to the sum payable hereunder as the unexpired portion of that quarter bears to the whole quarter. (2) The payments prescribed by sub-section (1) shall be made in priority to all other payments due from the 32Corporation.", "name": "Contribution from Corporation Fund", "related_acts": "633", "section_id": 47 }, { "act_id": 291, "details": "46. The Authority may from time to time borrow, at such rate of interest, and for such period, and upon such terms, as to the time and method of repayment and otherwise, as the Government may approve, any sum necessary for the purpose of- (a)\tmeeting expenditure debitable to the capital account under section 59, or (b)\trepaying any loan previously taken under this Ordinance.", "name": "Power of Authority to borrow money", "related_acts": "", "section_id": 48 }, { "act_id": 291, "details": "47. The Authority shall be deemed to be a local authority under the Local Authorities Loans Act, 1914, for the purpose of borrowing money under the said Act, and the making and execution of any scheme under this Ordinance shall be deemed to be a work which such Authority is legally authorised to carry out.", "name": "Authority to be deemed to be a local Authority", "related_acts": "103", "section_id": 49 }, { "act_id": 291, "details": "48. When any sum of money has been borrowed under section 46 for the purpose of meeting particular expenditure or repaying a particular loan, no portion thereof shall be applied to any other purpose without the previous sanction of the Government.", "name": "Application of money borrowed", "related_acts": "", "section_id": 50 }, { "act_id": 291, "details": "49. The liability of the Government to the creditors of the Authority shall be limited to the extent of grants made by the Government and the loan raised by the Authority with the sanction of the Government.", "name": "Limited liability", "related_acts": "", "section_id": 51 }, { "act_id": 291, "details": "50. All payments due from the Authority for interest on, or the repayment of loans, shall be made in priority to all other payments due from the authority.", "name": "Priority of payments for interest and repayment of loans", "related_acts": "", "section_id": 52 }, { "act_id": 291, "details": "51. (1) The Authority shall, before three months of the expiry of the financial year, submit to the Government, for approval, a statement of estimated receipts and expenditure in respect of the next financial year: Provided that the first estimate of receipts and expenditure of the Authority shall be prepared as soon as may be expedient after the establishment of the Authority. (2) Every estimate prepared under sub-section (1) shall differentiate capital and revenue funds and shall be prepared in such form and shall contain such details as the Government may from time to time direct. (3) On its receipt the budget estimate will be examined by the Government who shall approve it with or without modification and communicate its approval to the Authority before the commencement of the next financial year.", "name": "Estimate of income and expenditure", "related_acts": "", "section_id": 53 }, { "act_id": 291, "details": "52. The Authority may, at any time during the financial year for which an estimate has been sanctioned, cause a supplementary estimate to be prepared and submitted to the Government.", "name": "Supplementary estimate", "related_acts": "", "section_id": 54 }, { "act_id": 291, "details": "53. (1) No sums shall be expended by or on behalf of the Authority unless the expenditure of the same is covered by a current budget grant or can be met by reappropriation or by drawing on the closing balance. (2) The closing balance shall not be reduced below such sums as may be fixed by the Government in this behalf, without the previous sanction of the Government. (3) The following items shall be excepted from the provisions of sub-sections (1) and (2), namely- (a)\trepayments of moneys belonging to contractors or other persons and held in deposit, and of moneys collected by, or credited to, the Authority by mistake; (b)\tpayments due under a decree or order of a Court passed against the Authority or, against the Chairman, ex-officio; (c) \tsums payable under a compromise of any suit or other legal proceedings; (d) \tsums payable under this Ordinance by way of compensation;  (e) \tpayments required to meet some pressing emergency; and (f) \tgratuitous payments up to a maximum of five hundred taka. (4) Whenever any sum exceeding five thousand taka is expended under clause (e) of sub-section (3) or whenever any sum is expended under clause (f) of that sub-section, the Chairman shall forthwith report the circumstances to the Government, and shall at the same time explain how the Authority propose to cover the expenditure.", "name": "Adherence to estimate and maintenance of closing balance", "related_acts": "", "section_id": 55 }, { "act_id": 291, "details": "54. (1) All moneys at the credit of the Authority shall be kept in the 33Bangladesh Bank, or any other Bank approved by the Government in this behalf. (2) All moneys payable to the Authority shall be received by the Chairman and shall forthwith be paid into the aforesaid Bank to the credit of any account which shall be styled “The Account of the Chittagong Development Authority”.", "name": "Receipt of money and deposit in Bank", "related_acts": "", "section_id": 56 }, { "act_id": 291, "details": "55. (1) No payment shall be made by the Bank out of the account referred to in section 54 except upon a cheque. (2) Payment of any sum due by the Authority exceeding one hundred taka in amount shall be made by means of a cheque and not in any other manner.", "name": "Payment by cheques", "related_acts": "", "section_id": 57 }, { "act_id": 291, "details": "56. All cheques referred to in section 55 must be signed by the Chairman and the Secretary of the Authority, or in absence of either the Chairman or the Secretary, by the Secretary or Chairman, and a Member.", "name": "Signature of cheques", "related_acts": "", "section_id": 58 }, { "act_id": 291, "details": "57. The Authority shall maintain complete and accurate books of accounts in such form as may be prescribed. There shall be kept a capital account and a revenue account. The capital account shall show separately all expenditure incurred by the Authority on each improvement, development and re-housing scheme.", "name": "Management of accounts", "related_acts": "", "section_id": 59 }, { "act_id": 291, "details": "58. There shall be credited to the capital account- (a)\tsuch proportion of grants by Government under clause (b) of sub-section (2) of section 44, as may be fixed by the Government from time to time; (b)\tloans obtained from Government; (c)\tloans obtained by the Authority with special or general sanction of the Government; (d)\tforeign aid and loans obtained from the Development Loan Fund; (e)\tthe proceeds of the sale of any land vested in the Authority which was purchased out of any loan; (f)\tthe proceeds of the sale of any movable property (including securities for money invested from the capital account) belonging to the Authority; (g)\tany other sum which the Government may direct to be credited to the capital account.", "name": "Credit to capital account", "related_acts": "", "section_id": 60 }, { "act_id": 291, "details": "59. The moneys credited to the capital account shall be held by the Authority in trust, and shall be applied to- (a)\tmeeting all costs of framing and executing improvement, development and re-housing schemes; (b)\tmeeting the cost of acquiring land for carrying out any of the purposes of this Ordinance; (c)\tmeeting the cost of constructing buildings required for carrying out any of the purposes of this Ordinance; (d)\tthe repayment of loans from money borrowed in pursuance of clauses (c), (d) and (e) of sub-section (2) of section 44; (e)\tmaking, or contributing towards the cost of making, surveys in pursuance of section 42; (f)\tmeeting such proportion of the cost of management as the Authority may, with the sanction of the Government, fix in this behalf; and  (g)\ttemporarily making good the deficit (if any) in the revenue account at the end of any financial year.", "name": "Application of capital account", "related_acts": "", "section_id": 61 }, { "act_id": 291, "details": "60. There shall be credited to the revenue account- (a) \tcontribution of the Corporation under section 45; (b) \tsuch proportion of grants made by Government under clause (b) of sub-section (2) of section 44, as may be fixed by the Government from time to time; (c) \tproceeds of any improvement or betterment levy, water rate, conservancy rate or any other rate levied by the Authority with the sanction of Government under clause (f) of sub-section (2) of section 44; (d) \tall interest received by the Authority; (e) \tall damages received by the Authority; (f)\tall annually recurring sums received from the Government in aid of the funds of the Authority; (g) \tall premia received by the Authority in connection with leases; (h) \tall rents of land and buildings vested in the Authority; and (i)\tany other sums which the Government may direct to be credited to the revenue account.", "name": "Credit to revenue account", "related_acts": "", "section_id": 62 }, { "act_id": 291, "details": "61. The moneys credited to the revenue account shall be held by the Authority in trust, and shall be applied to- (a) \tmeeting all charges for interest due on account of any loan taken in pursuance of clauses (c), (d) or (e) of sub-section (2) of section 44 and all other charges incurred in connection with such loans; (b) \tpaying all sums due from the Authority in respect of rates and taxes imposed under the 34Chittagong City Corporation Ordinance, 1982 (Ord. No. XXXV of 1982), upon land vested in the Authority;  (c) \tpaying the cost (if any) of maintaining a separate Establishment for the collection of the rents and other proceeds of land vested in the Authority; (d) \tpaying all sums which the Government may direct to be paid to an auditor under section 69; (e)\tmaking payments in pursuance of section 94 for compensation or for expenses of maintenance of works; and (f) \tpaying the cost of management. Explanation.- The expression “cost of management” means- (a) \tthe salary and allowances of the Chairman and fees of the Members of the Authority; (b) \tall fees and allowances paid for attendance at meeting; (c)\tthe salaries, fees and allowances of, and the contributions paid under the proviso to section 18 in respect of employees of the Authority appointed under that section; except employees who are paid by the day or whose pay is charged to temporary work; and (d)\tall office expenses incurred by the Authority. Explanation.- “Office expenses” means expenses incurred for carrying on office work, and includes the rent of offices, the provision of furniture therefore, the charges for printing and stationery and any other incidental expenses necessary for the efficient working of an office.", "name": "Application of revenue account", "related_acts": "633", "section_id": 63 }, { "act_id": 291, "details": "62. (1) Notwithstanding anything contained in section 61, the Authority may advance any sum standing at the credit of the revenue account for the purpose of meeting capital expenditure. (2) Every such advance shall be refunded to the revenue account as soon as may be practicable.", "name": "Advances from revenue account to capital account", "related_acts": "", "section_id": 64 }, { "act_id": 291, "details": "63. (1) Any deficit in the revenue account at the end of any financial year may be made good by an advance from the capital account. (2) Every such advance shall be refunded to the capital account in the following financial year.", "name": "Advances from capital account to revenue account", "related_acts": "", "section_id": 65 }, { "act_id": 291, "details": "64. (1) The Authority shall submit to the Government at the end of each half of every financial year, an abstract of the accounts of their receipts and expenditures.", "name": "Submission of abstract of accounts", "related_acts": "", "section_id": 66 }, { "act_id": 291, "details": "65. (1) The Authority shall submit to the Government, as soon as possible but within three months after the end of every financial year, a report on the conduct of its affairs for that year. (2) The Government may require the Authority to furnish- (a) \tany return, statement, estimate, statistics or other information regarding any matter under the control of the Authority, or (b) \ta report on any such matter, or (c) \ta copy of any document in the charge of the Authority; and the Authority shall comply with every such requisition.", "name": "Submission of yearly reports and returns", "related_acts": "", "section_id": 67 }, { "act_id": 291, "details": "66. The Authority shall have power to realise its dues from any person under the 35* * * Public Demands Recovery Act, 1913, as a public demand.", "name": "Recovery of dues of Authority", "related_acts": "", "section_id": 68 }, { "act_id": 291, "details": "67. The accounts of the Authority shall, once in every financial year, be examined and audited by such Auditor as the Government may appoint in this behalf.", "name": "Annual audit of accounts", "related_acts": "", "section_id": 69 }, { "act_id": 291, "details": "68. The Auditor so appointed may,- (a) \tby written summons, require the production before him of any document which he may consider necessary for the proper conduct of the audit; (b)\tby written summons, require any person having the custody or control of, or being accountable for, any such document to appear in person before him; and  (c) \trequire any person so appearing before him to make and sign a declaration with respect to any such document to answer any questions, or to prepare and submit any statement.", "name": "Power of Auditors", "related_acts": "", "section_id": 70 }, { "act_id": 291, "details": "69. The Authority shall pay to the said Auditor such remuneration as the Government may direct.", "name": "Remuneration of Auditor", "related_acts": "", "section_id": 71 }, { "act_id": 291, "details": "70. The Auditor shall- (a)\treport to the Authority any material impropriety or irregularity which he may observe in the expenditure, or in the recovery of moneys due to the Authority, or in the accounts, and report the same to the Government; (b)\tfurnish to the Authority such information as they may, from time to time, require concerning the progress on his audit; and (c)\tsoon after the completion of his audit, forward his report upon the accounts to the Chairman.", "name": "Auditor’s report", "related_acts": "", "section_id": 72 }, { "act_id": 291, "details": "71. It shall be the duty of the Authority forthwith to remedy any defects or irregularities that may be pointed out by the Auditor.", "name": "Authority to remedy defects", "related_acts": "", "section_id": 73 }, { "act_id": 291, "details": "72. The Chairman shall furnish each Member a copy of the report mentioned in clause (c) of section 70 and shall bring such report before the Authority for consideration at their next meeting.", "name": "Auditor’s report to be sent to each Member", "related_acts": "", "section_id": 74 }, { "act_id": 291, "details": "73. As soon as practicable after the receipt of the said report, the Authority shall prepare an abstract of the accounts to which it relates, and shall publish such abstract by notification, and shall send a copy of the abstract to the 36Mayor of the Corporation and to the Government.", "name": "Publication and transmission of an abstract of the accounts", "related_acts": "", "section_id": 75 }, { "act_id": 291, "details": "74. (1) The Authority, may, for carrying out the purposes of this Ordinance acquire, by purchase, lease, exchange or otherwise, any land or interest in land and dispose of by sale, lease, exchange or otherwise, such land or any interest on such land. (2) The acquisition of any land or interest in land for the Authority under this section, or for any scheme under this Ordinance, shall be deemed to be an acquisition for a public purpose within the meaning of the 37Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord. No. II of 1982) and the provisions of the said Act shall apply to all such proceedings. (3) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).", "name": "Acquisition and disposal of land", "related_acts": "619,430", "section_id": 76 }, { "act_id": 291, "details": "75. The Authority may enter into an agreement with any person for the acquisition from him by purchase, lease or exchange, of any land or any interest in such land, which the Authority are authorised to acquire.", "name": "Acquisition by agreement", "related_acts": "", "section_id": 77 }, { "act_id": 291, "details": "76. (1) In any case in which land in any area comprised in an improvement, development or re-housing scheme is not required for the execution of the scheme, the owner of the land or any person having an interest therein, may make an application to the Authority, requesting that the acquisition of the land should be abandoned in consideration of the payment by him of a sum to be fixed by the Authority in that behalf. The Authority may, after consideration of such application, abandon the proceedings for the acquisition of such land and make it over to the applicant on payment by him sum fixed by the Authority in this behalf. (2) The Government may prescribe the manner of disposal of application and determination of the amount of payment and mode thereof, under sub-section (1). (3) If the Authority enters into any agreement with any owner regarding the partial acquisition of any land which it is authorised to acquire under this Ordinance, such land as is not required for the execution of the scheme may be abandoned from acquisition under sub-section (1).", "name": "Abandonment of acquisition", "related_acts": "", "section_id": 78 }, { "act_id": 291, "details": "77. (1) When by the making of any improvement, development or re-housing scheme, any land in the area comprised in the scheme which is not required for the execution thereof will, in the opinion of the Authority, be increased in value, the Authority, in framing the scheme, may, in lieu of providing for the acquisition of land, declare that a betterment fee shall be payable by the owner of the land or any person having an interest therein in respect of the increase in value of the land resulting from the execution of the scheme. (2) Such betterment fee shall be an amount equal to one-half of the increase in value of the land resulting from the execution of the scheme, and shall be calculated upon the amount by which the value of the land on the completion of the execution of the scheme estimated as if the land were clear of buildings exceeds the value of the land prior to the execution of the scheme estimated in like manner.", "name": "Payment of betterment fee", "related_acts": "", "section_id": 79 }, { "act_id": 291, "details": "78. (1) When it appears to the Authority that an improvement, development or re-housing scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Authority shall, by a resolution passed in this behalf, declare that for the purpose of determining such fee the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to every owner of such land that the Authority propose to assess the amount of the betterment fee payable in respect of such land under section 77. (2) The Authority shall then assess the amount of betterment fee payable by each person concerned after giving such person an opportunity to be heard. (3) Any person aggrieved by the assessment made by the Authority under sub-section (2) may, within thirty days from the date of such assessment, appeal to the Government whose decision thereon shall be final.", "name": "Assessment of betterment fee by Authority", "related_acts": "", "section_id": 80 }, { "act_id": 291, "details": "79. When the amount of all betterment fees payable in respect of land in the area comprised in the scheme has been determined under section 78, the Authority shall, by a notice in writing to be served on all persons liable to such payment, fix a date by which such payment shall be made; and an interest at the rate of five per cent per annum upon any amount outstanding shall be payable from that date.", "name": "Authority to give notice to persons liable to payment of betterment fee", "related_acts": "", "section_id": 81 }, { "act_id": 291, "details": "80. Any person liable to the payment of a betterment fee may, at his option, instead of making a payment thereof to the Authority, execute an agreement with the Authority to leave the said payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at the rate of five per cent per annum, the first annual payment of such interests to be made one year from the date referred to in section 79.", "name": "Agreement to make payment of betterment fee a charge on land", "related_acts": "", "section_id": 82 }, { "act_id": 291, "details": "81. (1) The Government may make rules, not inconsistent with the provisions of this Ordinance, for carrying out the purposes of this Ordinance. (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 matters, namely:- (a)\ta salary, and allowances and conditions of service of Chairman and fees of Members of the Authority under section 5; (b)\ttime and place and manner of holding meetings of the Authority under sub-section (1) of section 9; (c) \tfees and allowances of associate members under sub-section (2) of section 10; (d)\tappointment, pension, leave and disciplinary matters of employees of the Authority, under sub-section (1) of section 19; (e) \trate of fee for copies of documents under sub-section (3) of section 33; (f) \tform of accounts under section 57; (g)\tmanner of disposal of applications and determination of amount of payment and mode thereof under sub-section (2) of section 76; and (h) \tany other matter in respect of which this Ordinance makes no provision or insufficient provision, and for which provision is, in the opinion of the Government, necessary, or which is directed to be prescribed.", "name": "Power to make rules", "related_acts": "", "section_id": 83 }, { "act_id": 291, "details": "82. The power to make rules under section 81 is subject to the condition of the rules being made after previous publication, and to the following further conditions, namely:- (a) \ta draft of the rules shall be published by notification and in local newspapers; (b) \tsuch draft shall not be proceeded with until after the expiration of one month from such publication; and (c) \tfor one month at least during such period; a printed copy of such draft shall be kept at the Authority office for public inspection: Provided that the provision of clause (a) may be relaxed by the Government in case of rules under clauses (a), (b), (c) and (d) of sub-section (2) of section 81.", "name": "Conditions precedent to making of rules", "related_acts": "", "section_id": 84 }, { "act_id": 291, "details": "83. When any rule has been made under section 81, it shall be published by the Government by notification, and such publication shall be conclusive proof that the rule has been duly made.", "name": "Publication of rules", "related_acts": "", "section_id": 85 }, { "act_id": 291, "details": "84. The Authority may, with previous approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance or any rules thereunder, for carrying out the purpose of this Ordinance.", "name": "Power to Authority to make regulations", "related_acts": "", "section_id": 86 }, { "act_id": 291, "details": "85. The Government may, at any time, by notification, cancel any regulation made by the Authority under section 84.", "name": "Government power to cancel regulation", "related_acts": "", "section_id": 87 }, { "act_id": 291, "details": "86. Power to extend the Bengal Municipal Act, 1932, to areas to which provisions of this Ordinance, have been extended.- Omitted by section 2 and the First Schedule of the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).", "name": "Omitted.", "related_acts": "", "section_id": 88 }, { "act_id": 291, "details": "87. (1) Before finally publishing any notification under sub-section (3) of section 1 the Government shall publish a draft of the same in the official Gazette. (2) Any tax-payer or inhabitant of the area affected by such draft, may, if he objects to the draft, submit his objection in writing to the Government within six weeks from its publication, and the Government shall take such objection into consideration.", "name": "Publication of notification", "related_acts": "", "section_id": 89 }, { "act_id": 291, "details": "88. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, all offences against this Ordinance or any rule made hereunder shall be cognizable by a Magistrate of the first class; and no such Magistrate shall be deemed to be incapable of taking cognizable of any such offence by reason only of being liable to pay any duty imposed by this Ordinance or of his being benefited by the funds to the credit of which any fine imposed by him will be payable.", "name": "Cognizance of offences", "related_acts": "75", "section_id": 90 }, { "act_id": 291, "details": "89. No person shall be liable to punishment for any offence against this Ordinance or any rule made hereunder unless complaint of such offence is made before a Magistrate of the first class within three months next after the commission of such offence.", "name": "Limitation of time for prosecution", "related_acts": "", "section_id": 91 }, { "act_id": 291, "details": "90. The Chairman may, subject to the control of the Authority- (a) \tinstitute, defend or withdraw from, legal proceedings under this Ordinance or any rule made hereunder; (b)\tcompound any offence against this Ordinance or any rule made hereunder which, under any law for the time being in force, may lawfully be compounded; (c) \tadmit, compromise or withdraw any claim made under this Ordinance or any rule made hereunder; and (d) \tobtain such legal advice and assistance as he may from time to time think it necessary or expedient to obtain, or as he may be desired by the Authority to obtain, for any of the purposes referred to in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the Authority or any employee of the Authority.", "name": "Powers of Chairman as to institution, etc., of legal proceedings and obtaining legal advice", "related_acts": "", "section_id": 92 }, { "act_id": 291, "details": "91. No suit shall be instituted against the Authority or Chairman, or any member, or any employee of the Authority or any person acting under the direction of the Authority, or of the Chairman or of any employee of the Authority in respect of any act purporting to be done under this Ordinance or any rule made hereunder, until the expiration of one month next after written notice has been delivered or left at the Authority's office or the place of abode of such employee or person, stating the cause of action, the name and place of abode of the intending plaintiff, and the relief which he claims; and the plaint must contain a statement that such notice has been so delivered or left.", "name": "Notice of suit against Authority, etc.", "related_acts": "", "section_id": 93 }, { "act_id": 291, "details": "92. On the written application of the Chairman, any Police Officer above the rank of constable shall arrest any person who obstructs any employee of the Authority in the exercise of any of the powers conferred by this Ordinance or any rule made hereunder.", "name": "Arrest of offenders", "related_acts": "", "section_id": 94 }, { "act_id": 291, "details": "93. Whenever, under this Ordinance or any rule made hereunder, the doing or the omitting to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of- (a) \tthe Authority or the Chairman, or (b) \tany employee of the Authority, a written document, signed, in case (a) by the Chairman, and in case (b) by the said employee, purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence of such approval, sanction, consent, concurrence, declaration, opinion or satisfaction.", "name": "Proof, consent, etc. of authority or Chairman or employee of Authority", "related_acts": "", "section_id": 95 }, { "act_id": 291, "details": "94. In any case not otherwise expressly provided for in this Ordinance, the Authority may pay reasonable compensation to any person who sustain damage by reason of the exercise of any of the powers vested, by this Ordinance or any rule made or scheme sanctioned hereunder, in the Authority or the Chairman or any employee of the Authority.", "name": "General power of Authority to pay compensation", "related_acts": "", "section_id": 96 }, { "act_id": 291, "details": "95. (1) If, on account of any act or omission, any person has been convicted of any offence against this Ordinance or any rule made hereunder, and, by reason of the same act or omission of the said person, damage has occurred to any property of the Authority, compensation shall be paid by the said person for the said damage, notwithstanding any punishment to which he may have been sentenced for the said offence. (2) The amount of compensation payable by the said person shall be determined by the Magistrate while convicting him of the said offence. (3) If the amount of any compensation due under this section be not paid, the same shall be recovered under a warrant from the said Magistrate as if it were a fine inflicted by him on the person liable therefore.", "name": "Compensation to be paid by offenders for damage caused by them", "related_acts": "", "section_id": 97 }, { "act_id": 291, "details": "96. If the Chairman, any Member, or any employee of the Authority knowingly acquire, directly or indirectly, by himself or by any partner, employer or employee, otherwise than as such Chairman, Member or employee, any share or interest in any contract or employment with, by or on behalf of, the Authority, not being a share or interest such as, under sub-section (2) of section 7, he shall be deemed to have committed the offence made punishable by section 168 of the 38* * * Penal Code, 1860.", "name": "Punishment for acquiring share or interest in contract, etc., with the Authority", "related_acts": "11", "section_id": 98 }, { "act_id": 291, "details": "97. If any person, without lawful authority,- (a)\tremoves any fence or shoring-timber, or removes or extinguishes any light, set up in course of execution of any work by or under the auspices of the Authority, or (b)\tinfringes any order given, or removes any bar, chain or post fixed, in connection with above, he shall be punishable with fine which may extend to two hundred taka .", "name": "Penalty for removing fence, etc., in street", "related_acts": "", "section_id": 99 }, { "act_id": 291, "details": "98. If the owner for the time being of any wall or building in respect of which an agreement has been executed in this behalf with the Authority fails- (a)\tto remove such wall or building, or any specified portion thereof, when so required by notice issued in that behalf, (b)\twithin fifteen days from the receipt of such notice to authorise the Chairman, by permission in writing to remove the said wall, building or portion, he shall be punishable- (i) \twith fine which may extend, in the case of a masonry wall or building, to five hundred taka, and, in the case of a hut, to fifty taka; and  (ii) \twith a further fine, in the case of a masonry wall or building, to twenty taka, and, in the case of a hut, to five taka, for each day after the first during which the failure continues.", "name": "Penalty for failure to remove wall or building in respect of which agreement has been executed", "related_acts": "", "section_id": 100 }, { "act_id": 291, "details": "99. Whoever uses any land, included in a Master Plan, in contravention of section 23, shall be punishable- (i) \twith fine which may extend to one thousand taka, and (ii)\twith a further fine which may extend to fifty taka for each day after the first during which such contravention continues.", "name": "Penalty for use of land in Master Plan in contravention of section 23", "related_acts": "", "section_id": 101 }, { "act_id": 291, "details": "100. (1) The Court, convicting any person under section 98 or section 99 shall order the removal of the unauthorised construction, if any, by such person within a time to be fixed by the Court. (2) If such person fails to remove the unauthorised construction, within the time fixed, it shall be lawful for the Authority to cause such construction to be removed, and the cost of such removal shall be recoverable from that person as a public demand.", "name": "Removal of unauthorised construction", "related_acts": "", "section_id": 102 }, { "act_id": 291, "details": "101. If any person fails to comply with any requisition made under section 68 he shall be punishable- (a) \twith fine which may extend to one hundred taka; or (b)\tin case of a continuing failure, with fine which may extend to fifty taka for each day after the first during which the failure continues.", "name": "Penalty for failure to comply with requisition made by auditor", "related_acts": "", "section_id": 103 }, { "act_id": 291, "details": "102. If any person- (a)\tobstructs or molests any person with whom the Chairman has entered into a contract on behalf of the Authority, in the performance or execution by such person of his duty or of anything which he is empowered or required to do by virtue or in consequence of this Ordinance of any rule hereunder; or (b) \tremoves any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Ordinance or any rule made or scheme sanctioned hereunder, he shall be punishable with fine which may extend to five hundred taka, or with imprisonment for a term which may extend to two months.", "name": "Penalty for obstructing contractor or removing mark", "related_acts": "", "section_id": 104 }, { "act_id": 291, "details": "103. If, in the opinion of the Government, the Authority have shown their incompetency to perform or have persistently made default in the performance of the duties imposed on them by or under this Ordinance or have exceeded or abused their powers, the Government may, by an order published in the official Gazette, supersede them for a period specified in the order: Provided that the Government before six months of such order of supersession shall give notice to the Authority to show cause why such action shall not be taken and also to provide them an opportunity to take remedial measures: Provided further that except in case of misappropriation of Authority funds or persistent default in the performance of duties by the Authority the Government shall not ordinarily exercise powers under this section.", "name": "Powers of the Government to supersede the Authority", "related_acts": "", "section_id": 105 }, { "act_id": 291, "details": "104. (1) When all schemes sanctioned under this Ordinance have been executed, or have been so far executed as to render the continued existence of the Authority in the opinion of the Government unnecessary, the Government may, by notification, declare that the Authority shall be dissolved from such date as may be specified in this behalf in such notification; and the Authority shall be deemed to be dissolved accordingly. (2) On and from the said date- (a) \tall properties, funds and dues which are vested in or realisable by the Authority and the Chairman respectively shall vest in and be realisable by the Corporation; (b) \tall liabilities which are enforceable against the Authority shall be enforceable only against the Corporation; (c)\tfor the purposes of completing the execution of any scheme, sanctioned under this Ordinance, which has not been fully executed by the Authority and of realising properties, funds and dues referred to in clause (a), the functions of the Authority and the Chairman under this Ordinance shall be discharged by the 39Corporation and its Mayor respectively; and (d)\tthe Corporation shall keep separate accounts of all moneys respectively received and expended by them under this Ordinance until all loans raised hereunder have been repaid, and until all other liabilities referred to in clause (b) have been duly met.", "name": "Ultimate dissolution of Authority and transfer of their assets and liabilities to the Municipal Committee", "related_acts": "", "section_id": 106 } ], "text": "♣An Ordinance to provide for the development, improvement and expansion of the city of Chittagong and certain areas in its vicinity and the constitution of an Authority therefore. WHEREAS it is expedient to make provision for the development, improvement and expansion of the city of Chittagong and certain areas in its vicinity by opening up congested areas, laying out or altering streets, providing open spaces for purposes of ventilation or recreation, demolishing or constructing buildings, acquiring land for the said purposes and for the re-housing of persons displaced by the execution of improvement schemes, and otherwise as hereinafter appearing; AND WHEREAS it is expedient that an Authority should be constituted and invested with special powers for carrying out the objects aforesaid; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the 7th October, 1958, and in exercise of all other powers enabling him in that behalf, the Governor of East Pakistan is pleased to make and promulgate the following Ordinance, namely:-" }

{ "id": 292, "lower_text": [ "1 The words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "2 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)" ], "name": "The Rent Receipt Ordinance, 1959 (East Pakistan Ordinance)", "num_of_sections": 2, "published_date": "15th August, 1959", "related_act": [ 388, 430 ], "repelled": false, "sections": [ { "act_id": 292, "details": "1. (1) This Ordinance may be called the 1* * * Rent-receipt Ordinance, 1959. (2) It extends to the whole of 2Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 292, "details": "2. Whoever issues any ante-dated rent-receipt or amalnama or has in his possession any ante-dated rent-receipt or amalnama, knowing or having reason to believe the same to be ante-dated, or uses the same as genuine, shall be punished with imprisonment for a term which may extend to five years, or with fine, or with both.", "name": "Prohibition of issue, possession and use of ante-dated rent-receipt", "related_acts": "", "section_id": 2 } ], "text": "An Ordinance to make provision for prevention of issue, possession and use of ante-dated rent-receipt by any person. WHEREAS it is expedient to make provision for prevention of issue, possession and use of ante-dated rent-receipt by any person; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the Governor of East Pakistan is pleased to make and promulgate the following Ordinance, namely:-" }

{ "id": 293, "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 (b) 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 “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)" ], "name": "The Power Alcohol Ordinance, 1959", "num_of_sections": 9, "published_date": "2nd December, 1959", "related_act": [ 430, 293, 166 ], "repelled": false, "sections": [ { "act_id": 293, "details": "1. (1) This Ordinance may be called the Power Alcohol Ordinance, 1959. (2) It extends to the whole of 1Bangladesh. (3) This section and section 2 shall come into force at once, and the rest of the Ordinance or such portion thereof shall come into force in such area and on such date as the Government may, by notification in the official Gazette, specify in this behalf.", "name": "Short title, extent and commencement", "related_acts": "293", "section_id": 1 }, { "act_id": 293, "details": "2. In this Ordinance, unless there is anything repugnant in the subject or context- (a)\t“molasses” means the heavy dark coloured residual syrup drained away in the final stage of the manufacture of sugar by vacuum pans in sugar factories either from sugarcane or by refining gur, when such a syrup has fermentable sugars (expressed as reducing sugars) but does not include the final residual left in the manufacture of sugar by the open pan process; (b)\t“petrol” means dangerous petroleum as defined in clause (b) of section 2 of the Petroleum Act, 1934; (c)\t“power alcohol” means ethyl alcohol containing not less than 99.5 per centum by volume of ethanol measured at sixty degrees Fahrenheit corresponding to 74.4 over proof strength.", "name": "Definitions", "related_acts": "166", "section_id": 2 }, { "act_id": 293, "details": "3. (1) No person shall manufacture power alcohol from any substance other than molasses or such other substance as may be specified by the Government by notification in the official Gazette. (2) If any dispute arises as to whether any substance is or is not molasses or such other substance as may be specified under sub-section (1), the decision of an officer authorised by the Government in this behalf regarding such dispute shall be final and shall not be called in question in any Court.", "name": "Production of power alcohol", "related_acts": "", "section_id": 3 }, { "act_id": 293, "details": "4. The Government may regulate the production and disposal of power alcohol by any distillery situated in any area in which this section is in force.", "name": "Power to regulate production and disposal of power alcohol", "related_acts": "", "section_id": 4 }, { "act_id": 293, "details": "5. (1) The Government may, by notification in the official Gazette, direct that in such area as may be specified therein no petrol shall be sold or kept for sale except with an admixture of power alcohol. (2) The proportion of petrol and power alcohol in such mixture shall in any area and for any purpose be such as may from time to time be specified by the Government by notification in the official Gazette but such proportion of power alcohol in the case of mixture with petrol meant for use as motive power for any motor vehicle shall not be more than twenty-five per centum or less than five per centum by volume. (3) The power alcohol to be employed for such mixture shall be obtained from such distilleries as may from time to time be specified by the Government by notification in the official Gazette.", "name": "Power to direct use of power alcohol as motive power", "related_acts": "", "section_id": 5 }, { "act_id": 293, "details": "6. Whoever contravenes any of the provisions of section 3 or section 5 or any order issued thereunder shall be punishable with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and in the case of a continued contravention with a further fine which may extend to one hundred rupees for every day during which the contravention is continued after conviction therefore.", "name": "Penalty", "related_acts": "", "section_id": 6 }, { "act_id": 293, "details": "7. The Government may, by notification in the official Gazette, direct that any power conferred by this Ordinance shall, subject to such conditions, if any, as may be specified in the direction, be exercisable also by- (a) such officer or authority subordinate to the Government. 2* * *", "name": "Delegation of powers", "related_acts": "", "section_id": 7 }, { "act_id": 293, "details": "8. (1) The Government may, by notification in the official Gazette, make rules for the purpose of carrying into effect the provisions of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may- (a) \tprovide for the licensing of the manufacture of power alcohol; (b)\tprescribe the specifications and tests in respect of purity of power alcohol intended for admixture with petrol in order to ensure its suitability for use in motor vehicles; (c)\tfix the price at which power alcohol may be sold for the purpose of admixture with petrol; (d)\tprovide for imposing and collecting a duty of excise on power alcohol intended for admixture with petrol; (e)\tprescribe conditions in respect of the transport and storage of power alcohol intended for admixture with petrol and for the manner in which the admixture is to be effected; (f)\tprescribe the submission by a manufacturer of power alcohol or importer or distributor of petrol of returns regarding the power alcohol and petrol manufactured, purchased, stored or sold, as the case may be; (g)\tprovide for denaturing of power alcohol at the distilleries; (h)\tprovide for any other matter which is to be or may be prescribed under this Ordinance. (3) Rules made under this Ordinance may provide that any contravention of any such rule shall render the offender liable on conviction to a fine not exceeding one thousand 3taka.", "name": "Power to make rules", "related_acts": "", "section_id": 8 }, { "act_id": 293, "details": "9. The Government may, by notification in the official Gazette declare that any of the provisions of this Ordinance shall not apply to any case or class of cases.", "name": "Power of exemption", "related_acts": "", "section_id": 9 } ], "text": "An Ordinance to make provision for certain matters connected with the development of the power alcohol industry.♣ WHEREAS it is expedient to make provision for certain matters connected with the development of the power alcohol industry under Federal control; NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-" }

{ "id": 294, "lower_text": [ "1 Throughout this Ordinance, the word “Government” was substituted for the words “Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Chittagong Muslim Institute Ordinance, 1959 (East Pakistan Ordinance)", "num_of_sections": 4, "published_date": "24th September, 1959", "related_act": [ 430 ], "repelled": false, "sections": [ { "act_id": 294, "details": "1. (1) This Ordinance may be called the Chittagong Muslim Institute Ordinance, 1959. (2) It shall come into force at once.", "name": "Short title and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 294, "details": "2. As from the date of promulgation of this Ordinance, the institution heretofore known as the Chittagong Muslim Institute and the Musafirkhana with attached Mosque together with the lands described in the Schedule to this Ordinance and all buildings and other erections standing or being thereon with all fixtures and fittings and all movable properties, funds, moneys, rights and powers which, immediately before the commencement of this Ordinance, were vested in, or held by, the Chittagong Muslim Institute Committee, shall be transferred to, and shall be vested in and held by, the Government free from all encumbrances and without payment of any compensation whatsoever.", "name": "Transfer to and vesting in the Government of the Chittagong Muslim Institute", "related_acts": "", "section_id": 2 }, { "act_id": 294, "details": "3. No suit, prosecution or other legal proceedings shall lie against the Government or any person for anything which is in good faith done or intended to be done in pursuance of this Ordinance or any order made thereunder.", "name": "Protection of action taken under this Ordinance", "related_acts": "", "section_id": 3 }, { "act_id": 294, "details": "4. (1) The Government may make rules for carrying out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for management, control and preservation of the Chittagong Muslim Institute, the Musafirkhana and the Mosque attached to it.", "name": "Power to make rules", "related_acts": "", "section_id": 4 } ], "text": "WHEREAS by an Indenture of Exchange dated the 13th day of December, 1946, executed by the Chittagong Muslim Institute Committee and the Governor of Bengal, the properties described in the Schedule to this Ordinance were conveyed to the said Chittagong Muslim Institute Committee; 1♣ AND WHEREAS the said Chittagong Muslim Institute Committee has since then been in possession of the aforesaid properties along with all buildings, erections, fixtures, fittings and movables; AND WHEREAS the said Chittagong Muslim Institute Committee has, by a resolution dated the 7th day of December, 1958, agreed to the taking over of the possession, control and management of the lands described in the Schedule to this Ordinance together with all buildings, erections, fittings, fixtures and movables by the Government; AND WHEREAS it is expedient to make provision for taking over possession, control and management of the properties described in the Schedule to this Ordinance for the purpose of establishment of a public library, free reading room and Assembly Hall; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the Governor of East Pakistan is pleased to make and promulgate following Ordinance, namely:-" }

{ "id": 295, "lower_text": [ "1 Throughout this Ordinance, the words “Bangladesh”, “Government” and “taka” were substituted for the words “East Pakistan”, “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 words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)" ], "name": "The Warehouses Ordinance, 1959 (East Pakistan Ordinance)", "num_of_sections": 30, "published_date": "30th September, 1959", "related_act": [ 75, 388, 430 ], "repelled": true, "sections": [ { "act_id": 295, "details": "1.\t(1) This Ordinance may be called the 2* * * Warehouses Ordinance, 1959. (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": 295, "details": "2.\tIn this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Agricultural produce” means paddy, rice, jute, gram, rape-seed, wheat or any other crop which may be declared by the Government by notification in the official Gazette, to be agricultural produce for the purposes of this Ordinance; (b) \t“depositor” means a person who tenders his agricultural produce to the warehouse-man for storing in his warehouse and includes any person who lawfully holds a receipt issued by the warehouse-man in respect of such produce and derives title to it by proper endorsement or transfer from the depositor of his lawful transferee; (c) \t“Director” means the Additional Director of Agriculture (Marketing), Government of Bangladesh; (d) \t“prescribed” means prescribed by rules made under this Ordinance; (e)\t“receipt” means a warehouse receipt drawn in conformity with the rules made under this Ordinance and issued by a warehouse-man to a depositor showing that certain agricultural produce described therein have been deposited in his warehouse. (f)\t“warehouse” means any building, structure or other protected enclosure which is used or may be used for the purpose of storing of any agricultural produce; (g)\t“warehouse-man” means a person who has taken out a licence under section 5 of this Ordinance; (h)\t“small warehouse” means a warehouse of the capacity of five thousand maunds or less; and (i) \t“large warehouse” means a warehouse of the capacity of more than five thousand maunds.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 295, "details": "3.\tAny person desirous of running a warehouse under this Ordinance shall take out a licence for the conduct of his warehouse business by making an application in writing to the Director.", "name": "Licence for Warehouses", "related_acts": "", "section_id": 3 }, { "act_id": 295, "details": "4.\tBefore granting a licence, the Director shall satisfy himself- (a) \tthat the warehouse is suitable for proper storage of the particular agricultural produce for which an application for such licence has been made in writing; (b) \tthat the applicant has furnished such security as may be prescribed and is competent to conduct such a warehouse; and (c)\tthat there is no other cause or reason for which the applicant for the licence may, in the opinion of the Director, be deemed to be disqualified.", "name": "Conditions for licence", "related_acts": "", "section_id": 4 }, { "act_id": 295, "details": "5. The Director, on being satisfied after making enquiries under section 4, may grant a licence to the applicant on payment of a fee of taka fifty for a small warehouse and taka one hundred for a large warehouse for the conduct of his business and on such terms and conditions as may be prescribed.", "name": "Grant of licence", "related_acts": "", "section_id": 5 }, { "act_id": 295, "details": "6. Every licence granted under section 5 shall be valid for the financial year and may, on the expiry of such period, be renewed, by the Director on an application in writing made by the warehouse-man on payment of an annual fee of taka twenty-five for a small warehouse and taka fifty for a large warehouse.", "name": "Term and renewal of licence", "related_acts": "", "section_id": 6 }, { "act_id": 295, "details": "7. (1) Every licence issued under section 5 or renewed under section 6 shall be liable to be suspended, cancelled or revoked either temporarily or permanently by the Director for valid reasons to be stated in writing, and in particular if the warehouse-man- (a) \thas been adjudicated an insolvent or bankrupt; (b)\thas parted in whole or in part with his control over the licensed warehouse; (c) \thas ceased to conduct such licensed warehouse; (d)\thas made exorbitant or unreasonable charges for the services rendered by him; (e) \thas in any other manner become incompetent to conduct the business of warehousing; or (f)\thas violated any of the terms of the licence or of the provisions of this Ordinance or the rules. (2) The Government may, by notification in the official Gazette, prescribe any other conditions under which a licence may be suspended, cancelled or revoked. (3) Any person aggrieved by an order passed under sub-section (1) shall be entitled to prefer an appeal to the Government or to such authority as it may appoint in this behalf.", "name": "Suspension and cancellation of licence", "related_acts": "", "section_id": 7 }, { "act_id": 295, "details": "8. (1) Before suspending, cancelling or revoking a licence the Director shall give notice to the warehouse-man specifying the charges against him and asking him to show cause within a prescribed period why such action should not be taken against him. (2) After considering the explanation, if offered by the warehouse-man, the Director may pass such order as he deems fit.", "name": "Notice of suspension and cancellation of licence", "related_acts": "", "section_id": 8 }, { "act_id": 295, "details": "9.\tWhen a licence expires or is suspended, cancelled or revoked the warehouse-man shall cease to work as such and shall return the licence to the Director.", "name": "Return of licence", "related_acts": "", "section_id": 9 }, { "act_id": 295, "details": "10.\tWhere a licence granted to a warehouse-man is lost or destroyed, the Director may issue a duplicate licence on an application made in writing in prescribed manner.", "name": "Duplicate licences", "related_acts": "", "section_id": 10 }, { "act_id": 295, "details": "11.\tEvery warehouse-man shall take such care of the agricultural produce stored in his custody as a reasonably careful person would take of his own produce under similar circumstances and conditions.", "name": "Reasonable care of the product stored", "related_acts": "", "section_id": 11 }, { "act_id": 295, "details": "12.\t (1) Every warehouse-man shall keep his warehouse clean and in a sanitary condition and take all necessary precautions against rats and other pests which are likely to cause damage or injury to any of the agricultural produce stored in the warehouse. (2) Every warehouse-man shall take out a policy of Insurance in respect of the agricultural produce stored in his warehouse against loss or damage by fire, flood, theft, riot, civil commotion or any other act of providence. (3) No warehouse-man shall accept for storing in his warehouse agricultural produce which is contaminated or infected by worms and pests and which is likely to cause damage to other agricultural produce stored in the warehouse. (4) The Government may, by notification in the official Gazette, make rules for the keeping of the warehouse in clean and sanitary condition and for regulating the manner in which books and records are to be maintained by the warehouse-man.", "name": "Precaution against rats, pests and infected goods", "related_acts": "", "section_id": 12 }, { "act_id": 295, "details": "13.\tEvery warehouse-man shall exercise such care to keep in his warehouse the agricultural produce of different depositors separate from each other so as to permit, at all times, the identification of the ownership and quality of such produce deposited and to facilitate easy delivery of such produce on demand by depositors: Provided that where standardised and graded agricultural produce is stored in a warehouse, subject to any agreement between the warehouse-man and a depositor, there may be pooling of the same variety of such produce belonging to several depositors and each depositor shall be entitled only to his portion of such produce according to weight or quantity, as the case may be, as shown in his receipt.", "name": "Preservation of identity of products", "related_acts": "", "section_id": 13 }, { "act_id": 295, "details": "14.\tWhenever agricultural produce stored in a warehouse deteriorates from causes beyond the control of the warehouse-man he shall give notice of such deterioration to the depositor asking him to take delivery of such produce immediately after surrendering the receipt duly discharged and paying the warehouse-man his charges. If the depositor does not comply with the notice within a reasonable time, the warehouse-man may, with the approval of the Director in writing, cause such produce to be removed from his warehouse and sold by public auction at the cost and risk of the depositor. The sale-proceeds thereof shall be paid to the depositor after deducting charges due to the warehouse-man.", "name": "Deterioration of produce in warehouse and their disposal", "related_acts": "", "section_id": 14 }, { "act_id": 295, "details": "15.\tEvery warehouse-man in the absence of any reasonable or lawful excuse shall without unnecessary delay deliver the agricultural produce stored in his warehouse to the depositor on a demand made by him and on surrender of the warehouse receipt duly discharged and on payment of the charges due to the warehouse-man. Subject to any agreement between the warehouse-man and the depositor, the latter may take partial delivery of his agricultural produce stored in the warehouse: Provided that the loss of weight by evaporation of moisture and shrinkage of its gain by absorption of moisture shall be accounted for when agricultural produce is delivered wholly or in part under the provisions of this section or when disposed of as provided in section 14.", "name": "Delivery of products", "related_acts": "", "section_id": 15 }, { "act_id": 295, "details": "16.\tNo warehouse-man shall in the conduct of his business show any discrimination between persons desiring to avail themselves of the facilities of his warehouse so as to prejudicially affect their interests.", "name": "Discrimination prohibited", "related_acts": "", "section_id": 16 }, { "act_id": 295, "details": "17.\tNo warehouse-man shall deal in or lend money or agricultural produce which he receives in his warehouse either on his own account or that of others.", "name": "Warehouse-man not to lend against the products in his warehouse", "related_acts": "", "section_id": 17 }, { "act_id": 295, "details": "18.\tA warehouse-man shall issue a receipt in the prescribed form containing full particulars in respect of the agricultural produces stored in his warehouse by each depositor.", "name": "Issue of receipt", "related_acts": "", "section_id": 18 }, { "act_id": 295, "details": "19.\tA receipt issued by a warehouse-man shall, unless specified otherwise, be transferable by endorsement and shall entitle its lawful holder to receive the agricultural produces specified in it on the same terms and conditions on which the person who originally deposited such produce would have been entitled to receive it.", "name": "Receipt transferable by endorsement", "related_acts": "", "section_id": 19 }, { "act_id": 295, "details": "20.\tIn case a receipt is lost or destroyed a warehouse-man shall issue a duplicate receipt to the depositor on an application being made in writing in this behalf and upon furnishing such indemnity and on payment of such fees as may be prescribed.", "name": "Duplicate receipt", "related_acts": "", "section_id": 20 }, { "act_id": 295, "details": "21.\tThe Director may delegate any of the powers conferred on him under this Ordinance to any officer subordinate to him.", "name": "Delegation of power", "related_acts": "", "section_id": 21 }, { "act_id": 295, "details": "22.\tThe Director or any officer authorised by him in this behalf may inspect or examine a warehouse licensed under this Ordinance, its machinery, equipment, agricultural produce stored, the account books, records, etc., at any time during business hours for the purpose of satisfying himself that the requirements of this Ordinance and the rules are being complied with.", "name": "Inspection and classification of products", "related_acts": "", "section_id": 22 }, { "act_id": 295, "details": "23.\t(1) Each warehouse approved and licensed under this Ordinance, shall have on its staff a person assigned by the Director, who is qualified, competent and licensed by the Director to act as weigher, sampler or grader of any agricultural produce stored or to be stored in such warehouse. (2) The Director shall grant licences to weighers, samplers and graders on such terms and conditions and on payment of such fees as may be prescribed. (3) The Director shall publish rules and regulations defining specifically the duties and responsibilities of licensed weighers, samplers and graders and shall assign them to a particular warehouse or area. (4) The agricultural produce to be stored in the warehouse may be graded and the warehouse-man shall provide facilities for such grading.", "name": "Licensed weighers and graders", "related_acts": "", "section_id": 23 }, { "act_id": 295, "details": "24.\tEvery licence granted to a sampler, weigher or grader may be suspended or revoked by the Director in the prescribed manner.", "name": "Suspension or cancellation of licence", "related_acts": "", "section_id": 24 }, { "act_id": 295, "details": "25.\tWhenever a licence granted to a sampler, weigher or grader expires or is suspended or revoked, he shall return it to the Director.", "name": "Return of licence", "related_acts": "", "section_id": 25 }, { "act_id": 295, "details": "26.\tNo person who is not licensed under this Ordinance shall act or hold himself out as a licensed weigher, sampler or grader.", "name": "Prohibition of unlicensed weighers, graders, etc.", "related_acts": "", "section_id": 26 }, { "act_id": 295, "details": "27.\tIn the case of a dispute regarding the action of warehouse-man, weigher, sampler or grader, the matter shall be referred to the Director whose decision shall be final.", "name": "Settlement of disputes", "related_acts": "", "section_id": 27 }, { "act_id": 295, "details": "28.\t(1) Any person who intentionally infringes any of the provisions of this Ordinance or the rules made under this Ordinance shall, on conviction by a Magistrate, be liable to imprisonment of either description for a period not exceeding two years or with fine not exceeding one thousand taka or with both. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 an offence under this Ordinance shall be cognisable and triable by a Magistrate of the First Class.", "name": "Penalty", "related_acts": "75", "section_id": 28 }, { "act_id": 295, "details": "29.\tNo suit, prosecution or other legal proceedings shall lie against any person empowered to perform any functions under this Ordinance for anything which is in good faith done or intended to be done under this Ordinance.", "name": "Indemnity", "related_acts": "", "section_id": 29 }, { "act_id": 295, "details": "30.\tThe Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.", "name": "Power to make ruless", "related_acts": "", "section_id": 30 } ], "text": "An Ordinance to provide for the regulation of warehouses for storing agricultural produce in Bangladesh.1♣ WHEREAS it is expedient to provide for the regulation of warehouses for storing agricultural produce in Bangladesh; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the 7th day of October, 1958, and in exercise of all powers enabling him in that behalf, the Governor is pleased to make and promulgate the following Ordinance, namely:-" }

{ "id": 296, "lower_text": [ "1 Throughout this Ordinance, the words “Bangladesh”, “Government” and “taka” were substituted for the words “East Pakistan”, “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 words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "3 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)", "4 The words “Bangladesh Bank” were substituted for the words “State Bank” 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 words “Provincial or the Central Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "6 The words, comma, figures and brackets “Companies Act, 1994 (Act No. 18 of 1994)” were substituted for the words, comma, figures and brackets “Companies Act, 1913 (VII of 1913)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "7 The words, figures, comma and brackets “section 160 of the Companies Act, 1994 (Act No. 18 of 1994) ” were substituted for the words, figures, comma and brackets “section 87A of the Companies Act, 1913 (VII of 1913) ” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "8 The words, figures, comma and brackets “section 212 of the Companies Act, 1994 (Act No. 18 of 1994)” were substituted for the words, figures, comma and brackets “section 144 of the Companies Act, 1913 (VII of 1913) ” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Forest Industries Development Corporation Ordinance, 1959 (East Pakistan Ordinance)", "num_of_sections": 21, "published_date": "3rd October, 1959", "related_act": [ 388, 430 ], "repelled": false, "sections": [ { "act_id": 296, "details": "1. (1) This Ordinance may be called the 2* * * Forest Industries Development Corporation Ordinance, 1959. (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": 296, "details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Directors of the Corporation; (b)\t“Corporation” means Bangladesh Forest Industries Development Corporation established under this Ordinance;  (c)\t“Prescribed” means prescribed by rules or regulations under this Ordinance; and (d)\t“Schedule” means schedule appended to this Ordinance.", "name": "Interpretation", "related_acts": "", "section_id": 2 }, { "act_id": 296, "details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall establish a Corporation to be called “The Bangladesh Forest Industries Development Corporation”. (2) The Corporation shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property both movable and immovable and shall by the said name sue and be sued.", "name": "Establishment and incorporation", "related_acts": "", "section_id": 3 }, { "act_id": 296, "details": "4. (1) The authorised share capital of the Corporation shall be one crore of taka divided into ten thousand fully paid-up shares of one thousand taka each, of which two thousand five hundred shares shall be issued in the first instance and the remaining shares may be issued from time to time by the Corporation with the previous sanction of the Government. (2) The Government shall be a share holder of the Corporation and shall subscribe to and hold not less than fifty-one per centum of the shares issued by the Corporation at any time, the remaining shares being open for public subscription. (3) Nothing in sub-section (1) shall prevent the Corporation from increasing the authorised share capital as it may think fit with the previous sanction of the Government.", "name": "Share Capital", "related_acts": "", "section_id": 4 }, { "act_id": 296, "details": "5. (1) The general direction and administration of the Corporation and its affairs shall vest in a Board, which may exercise all powers and do all acts and things which may be exercised or done by the Corporation. (2) The Board in discharging its functions shall act on commercial considerations and shall be guided on questions of policy involving the national interest (including commercial and industrial interest) by such directions as the Government, which shall be the sole judge whether the national interest is involved, may give it from time to time. (3) If the Board fails to carry out any direction as aforesaid, the Government may remove the Directors including the Chairman, and notwithstanding anything contained in section 6, appoint persons in their place to be Directors temporarily until a fresh Board of Directors are appointed in accordance with the provision of that section.", "name": "Management", "related_acts": "", "section_id": 5 }, { "act_id": 296, "details": "6. (1) The Board shall consist of not more than five Directors including Chairman to be appointed by the Government. (2) Each Director shall:- (a) \tbe a wholetime officer of the Corporation; (b) \tperform such duties as the Board may by regulations assign to him; (c) \tdivest himself of any directorship or other interest held by him in any Corporation, company or concern other than companies sponsored by the Corporation under sub-section (2) of section 14 before assuming office as Director; (d) \thold office for a term of three years unless sooner removed or transferred by the Government and may be appointed thereafter for a further term or terms of such duration as the Government may in appointing him thereafter, determine; and (e) \treceive such salary and allowances as the Government may determine: Provided that the Government may in exceptional circumstances where it considers necessary to do so in the public interest, exempt by a special order any person who has been appointed or is about to be appointed a Director from the operation of clauses (a) and (c) of this sub-section.", "name": "Appointment and terms of office of Directors", "related_acts": "", "section_id": 6 }, { "act_id": 296, "details": "7. (1) The Government shall appoint one of the Directors to be the Chairman of the Board; (2) Subject to his continuing to hold office as a Director, the Chairman shall hold office as Chairman for a term of three years and subject as aforesaid shall remain in office as Chairman thereafter until his successor in that office is appointed and be eligible to hold that office for a further like term or terms.", "name": "Chairman", "related_acts": "", "section_id": 7 }, { "act_id": 296, "details": "8.\t(1) No person shall be or shall continue to be a Director who- (a) \tis or at any time has been convicted of an offence involving moral turpitude; or (b) \tis or at any time has been adjudicated insolvent; or (c) \tis found to be lunatic or of unsound mind; or (d) \tis a minor. (2) No Director shall continue in office after absenting himself from three consecutive meetings of the Board without the leave of absence from the Chairman, or, in the case of the Chairman, from the Government. (3) A Government servant serving as Chairman or a Director shall automatically cease to be the Chairman or a Director of the Corporation, as the case may be, on his transfer from the Corporation.", "name": "Disqualification of Directors", "related_acts": "", "section_id": 8 }, { "act_id": 296, "details": "9. The Corporation may appoint such officers, advisers and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed by rules.", "name": "Appointment of officers, etc.", "related_acts": "", "section_id": 9 }, { "act_id": 296, "details": "10.\t(1) The meeting of the Board shall be held at such time and such places as may be prescribed by rules: Provided that until rules are made in this behalf such meetings shall be convened by the Chairman of the Board. (2) To constitute a quorum at a meeting of the Board, not less than two Directors shall be present. (3) Each Director including the Chairman shall have one vote, and in the event of an equality of votes the Chairman shall have a second or casting vote. (4) If for any reason the Chairman is unable to be present at a meeting, the Director so authorised by him in writing shall preside at the meeting, and in default of such authorisation, the Directors shall elect from among themselves a Chairman to preside at that meeting.", "name": "Meeting of the Board", "related_acts": "", "section_id": 10 }, { "act_id": 296, "details": "11.\tThe Corporation shall establish its head office in Dhaka.", "name": "Head Office", "related_acts": "", "section_id": 11 }, { "act_id": 296, "details": "12.\tThe Corporation may open a deposit account with the 3Bangladesh Bank or with any agency of the 4Bangladesh Bank other than a Government Treasury or with the prior approval of the Government, with any other Scheduled Bank.", "name": "Deposit Account", "related_acts": "", "section_id": 12 }, { "act_id": 296, "details": "13.\tThe Corporation may invest its funds in such securities of the 5Government or in such other manners as may be prescribed by rules.", "name": "Investment Funds", "related_acts": "", "section_id": 13 }, { "act_id": 296, "details": "14. (1) The Corporation shall submit, for the approval of the Government, schemes for the establishment of the industries specified in the Schedule to this Ordinance. (2) The Corporation shall, as soon as may be, proceed to give effect to any scheme so approved by sponsoring public companies (hereinafter referred to in this section as The aforesaid companies') incorporated under the 6Companies Act, 1994 (Act No. 18 of 1994), and independent of each other and having as their object manufacturing undertakings in the industry concerned: Provided that before sponsoring any such company the Corporation shall obtain the approval of the Government to the Company's capital structure. (3) The Corporation shall unless otherwise directed by the Government, act as Managing Agents for the aforesaid companies, and may, with the prior concurrence of the Government, relinquish the managing agency in favour of any company.  (4) Nothing in 7section 160 of the Companies Act, 1994 (Act No. 18 of 1994), shall apply to the Corporation. (5) The Corporation shall be represented in the Board of Directors of the aforesaid Companies. (6) The Corporation may issue the capital required by the aforesaid companies for public subscription and if any portion thereof remains unsubscribed for a period of four months from the date of issue it shall be subscribed by the Corporation. (7) The Corporation may underwrite the whole or any portion of the share capital so issued. (8) The Corporation may when it deems fit sell or transfer the shares subscribed by it under sub-section (6) : Provided that no such sale or transfer shall take place at a rate below the market quotation and below the per value of such shares without the previous sanction of the Government. (9) The Corporation may, with the previous sanction of the Government and on such terms and conditions as may be approved by the Government, borrow in foreign currency from any International Bank or otherwise moneys required for development of industries specified in the schedule to this Ordinance.", "name": "Business which the Corporation shall transact", "related_acts": "", "section_id": 14 }, { "act_id": 296, "details": "15.\tThe Government shall appoint auditors who shall be persons holding a certificate under 8section 212 of the Companies Act, 1994 (Act No. 18 of 1994) on such remuneration as it may fix and such remuneration shall be paid by the Corporation.", "name": "Audit", "related_acts": "", "section_id": 15 }, { "act_id": 296, "details": "16.\tAn audited statement of accounts shall be furnished to the Government by the Corporation as soon as possible after the end of every financial year.", "name": "Account", "related_acts": "", "section_id": 16 }, { "act_id": 296, "details": "17. The Corporation shall, as soon as possible after the end of every financial year, submit an annual report to the Government on the conduct of its affairs for that year, and on its proposals for the next ensuing financial year.", "name": "Annual Report", "related_acts": "", "section_id": 17 }, { "act_id": 296, "details": "18.\tThe Government may make rules not inconsistent with this Ordinance for the purpose of giving effect to the provision of this Ordinance and where the rules made under this section are inconsistent with the regulations made under the next succeeding section, the rules shall prevail.", "name": "Power of Government to make rules", "related_acts": "", "section_id": 18 }, { "act_id": 296, "details": "19.\t(1) The Board may, with the previous approval of the Government, make regulations not inconsistent with this Ordinance or rules made thereunder to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing powers, such regulations may provide for- (a) \tthe procedure of meeting of the Board; (b) \tthe investment of the Corporation's funds; and (c) \tthe sale or transfer of shares under sub-section (8) of section 14.", "name": "Power of Board to make Regulations", "related_acts": "", "section_id": 19 }, { "act_id": 296, "details": "20.\tThe Government may, from time to time, by notification in the official Gazette amend the schedule to this Ordinance so as to include therein or exclude therefrom any industry or vary the description of any industry included therein.", "name": "Power to amend schedule", "related_acts": "", "section_id": 20 }, { "act_id": 296, "details": "21.\tRepeal of East Pakistan Ordinance LXIII of 1958.- Repealed by section 2 and the First Schedule of the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).", "name": "Repeal of East Pakistan Ordinance LXIII of 1958", "related_acts": "", "section_id": 21 } ], "text": "An Ordinance to establish a Corporation for the purpose of promoting the development of Forest Industries in Bangladesh.1♣ WHEREAS it is expedient to establish a Corporation for the purpose of promoting the development of Forest Industries and industries based on forest products and water resources in the Forest areas in Bangladesh. NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, the Governor is pleased in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance." }

{ "id": 297, "lower_text": [ "1 Throughout this Ordinance, the words “Government”, “Bangladesh” and “taka” were substituted for the words “Provincial Government”, “East Pakistan” 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 words “East Pakistan” were omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "3 The words “including radiation” were inserted by section 2 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "4 Clause (2A) was inserted by section 2 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "5 Clauses (3), (3A) and (3B) were substituted for former sub-section (3) by section 2 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "6 Clauses (4A), (4B) and (4C) were inserted by section 2 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "7 Clauses (5), (5A) and (5B) were substituted for former sub-section (5) by section 2 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "8 Clause (7) was substituted by section 2 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "9 Clause (9A) was inserted by section 2 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "10 Sub-sections (1), (1A) and (1B) were substituted for former sub-section (1) by section 3 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "11 Section 4A was inserted by section 4 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "12 Section 6A was inserted by section 5 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "13 The word “English” was substituted for the word “Urdu” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "14 The words “seven days in normal case and two days in case of emergency” were substituted for the words “thirty days” by section 6 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "15 The words “seven days in normal case and two days in case of emergency” were substituted for the words “thirty days” by section 6 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "16 The words “any catering establishment” were inserted by section 7 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "17 Clause (b) was substituted by section 8 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "18 Sections 41, 41A, 41B and 41C were substituted for former section 41 by section 9 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "19 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)", "20 The Table and the entries were substituted by section 10 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "21 Section 44A was inserted by section 11 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)", "22 Sub-section (3) was substituted by section 12 of the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005)" ], "name": "The Pure Food Ordinance, 1959 (East Pakistan Ordinance)", "num_of_sections": 55, "published_date": "14th October, 1959", "related_act": [ 89, 388, 549, 678, 648, 75, 46, 430, 633 ], "repelled": true, "sections": [ { "act_id": 297, "details": "1. (1) This Ordinance may be called the 2* * * Pure Food Ordinance, 1959. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 297, "details": "2. Repeal of Bengal Act VI of 1919 and Assam Act I of 1932.- Repealed by Section 3 and the Second Schedule of The East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966.", "name": "Repealed", "related_acts": "", "section_id": 2 }, { "act_id": 297, "details": "3. In this Ordinance, unless there is anything repugnant in the subject or context,-  (1) an article of food shall be deemed to be “adulterated” if-  (a) any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength, or  (b) any substance has been substituted wholly or in part for it, or  (c) any of the normal constituents has been wholly or in part abstracted so as to render it injurious to health, or  (d) it is mixed, coloured, powdered, coated or stained in a manner whereby damage or inferiority is concealed, or  (e) it does not comply with any standard provided by or under this Ordinance or any other law for the time being in force, or  (f) it contains or is mixed or diluted with any substance in such quantity as is to the prejudice of the purchaser or consumer or in such proportion as diminishes in any manner the food value or nutritive qualities which it possesses in its pure, normal, undeteriorated and sound condition, or  (g) it contains any poisonous or deleterious ingredient 3 including radiation which may render it injurious to health, or  (h) it is not of the nature, substance or quality which it purports to be or which it is represented to be by the manufacturer or the seller;  (2) “bye-laws” means bye-laws made under this Ordinance;  4 (2A) “catering establishment” means any hotel, restaurant, cafeteria, canteen, shop and includes any other places where food in any form is consumed, supplied or sold. 5 (3) “container” includes a package or receptacle of any kind, whether open or closed or sealed and must be free from rust, lead, arsenic or any heavy metals and must not be prepared from or previously used container and threatening to public health;  (3A) “Court” means a Pure Food Court established under section 41;  (3B) “Cultural practices” includes production, reproduction, housing and management of livestock, processing and preservation of their produces.  (4) “dairy” includes-  (a) any farm, cattle-shed, milk-store, milk-shop or other place, at which milk is stored or supplied for sale or is manufactured into butter, ghee, cheese, curds, or skimmed, condensed, sterilised or desiccated milk, and  (b) in the case of a dairyman or other person selling milk, who does not occupy any premises for the purpose of such sale, any place at which such dairyman or person keeps any container used or intended to be used by him for the purposes of such sale,  but does not include-  (i) a shop or other place at which milk is sold solely in the closed and unopened containers in which it is delivered thereto from any source referred to in sub-clauses (a) and (b), or solely in hermetically closed and unopened containers and in the same condition as that in which it was delivered thereto from such source, or  (ii) a shop or other place at which milk is sold solely for consumption therein;  6 (4A) “drinking water” means normal water, mineral water and water from any other sources which conforms to the National Standard of Drinking water or mineral water of Bangladesh; (4B) “farm” includes a yard, shed and houses for livestock, and their cultural practices;  (4C) “fishery” includes any farm, arat or depot, service center or landing center, fish store, fish shop, fish processing plant and any other places where fish grows, fish and fishery product is processed, dried, transported, supplied or sold.  7 (5) “food” means any kind of edible oil, fish, fruit, meat or vegetable or any other article used as food, drinking water or any other drink for human consumption other than any drug, and includes ice, aerated water, carbonated water or any substance whether processed, semi processed or raw or any substance which has been used in the manufacture, preparation or treatment of food and those articles which will be notified by the Government from time to time, and-  (a) any substance which is intended for use in the composition or preparation of food,  (b) any permitted flavouring matter or any spice or condiment, and  (c) any food grade colouring matter, preservative, anti oxidant and other additives intended for use in food;  (5A) “livestock” includes cattle, buffalo, goat, sheep, pig and poultry (chick, duck, quail, pigeon, goose and guinea fowl);  (5B) “livestock product” includes meat, meat product, blood, bone, bone marrow, milk, milk products, egg, fat, food products of livestock origin.  (6) “local area” means the area situated within the jurisdiction of a local authority, and includes any area notified by the Government to be a local area for the purpose of this Ordinance; 8 (7) “local authority” means-  (a) a Corporation constituted under the Dhaka City Corporation Ordinance, 1983 (Ord. No. XL of 1983), the Chittagong City Corporation Ordinance, 1982 (Ord. No. XXXV of 1982), রাজশাহী সিটি কর্পরেশন আইন, ১৯৮৭ (১৯৮৭ সনের ৩৮ নং আইন), the Khulna City Corporation Ordinance, 1984 (Ord. No. LXXII of 1984), সিলেট সিটি কর্পরেশন আইন , ২০০১ (২০০১ সনের ১০ নং আইন) and বরিশাল সিটি কর্পরেশন আইন , ২০০১ (২০০১ সনের ১১ নং আইন),or  (b) a Paurashava constituted under the Paurashava Ordinance, 1977 (Ord. XXVI of 1977); or  (c) in any other local area, such authority or person as may be notified by the Government;  (8) “manufacture” means manufacture for the purpose of sale or for preparation for sale, and the expressions “manufactured” and “manufacturers” shall be construed accordingly;  (9) “notified” means notified in the official Gazette;  9 (9A) “poultry” includes any poultry farm or poultry shed, poultry store, dressed poultry store, alive or dressed poultry shop or place or other place at which alive or dressed poultry are stored for sale;  (10) “prescribed” means prescribed by rules;  (11) “rules” means rules made under this Ordinance;  (12) “sale” means a transfer of ownership in exchange for a price, whether in money or in kind, paid or promised or partly paid or partly promised, and includes-  (a) the making, causing or permitting of such transfer,  (b) the attempt to effect such transfer, and (c) any possession, storage, offer, exposure, despatch, consignment, deposit or receipt for the purposes of such transfer or for preparation for such transfer,  and the expression “sell”, “seller”, “sells” and “sold” shall be construed accordingly; and  (13) “transit” includes every stage of transit from the place of manufacture or other source of origin to the consumer.", "name": "Definitions", "related_acts": "648,633,678,549", "section_id": 3 }, { "act_id": 297, "details": "4. 10(1) Every local authority shall appoint one or more persons to be the Public Analyst of Food within its area to carry out the purposes of this Ordinance. (1A) The Government may, except for an area of a City Corporation or a Paurashava or an area notified as local authority under section 3(7)(c), appoint one or more persons to be the Public Analysts of Food for such local area as may be specified by the Government. (1B) Notwithstanding anything contained in sub-sections (1) and (1A), the Government may appoint a public Analyst of Food appointed under sub-sections (1) and (1A) for such other area in addition to his local area. (2) No person shall be appointed a public analyst for any area- (a) \tif he is directly or indirectly engaged in any trade or business connected with the manufacture or sale of any article of food, and (b)\tunless he possesses, on the date of his appointment, such qualifications as may be prescribed. (3) The appointment by a local authority of any person to be a public analyst, and the removal of any person so appointed, shall be subject to the approval of the Government. (4) The salary payable to, and the conditions of appointment of, a public analyst appointed under this section shall be such as may be prescribed. (5) The Government, or the local authority, with the approval of the Government, may appoint a person to act as public analyst during any vacancy in the office of, or during the absence or in capacity of, the public analyst.", "name": "Appointment of public analysts", "related_acts": "", "section_id": 4 }, { "act_id": 297, "details": "114A. (1) The Government shall constitute a National Food Safety Advisory Council. The Council shall consist of the following members, namely- (a)\tMinister for Ministry of Local Government, Rural Development and Co-operatives, who shall also be the Chairman of the Council; (b)\ta representative of the Ministry of Local Government, Rural Development and Co-operatives, not below the rank of Joint Secretary, who shall also be the member secretary of the Council; (c)\ta representative of the Ministry of Agriculture, not below the rank of Joint Secretary; (d)\ta representative of the Ministry of Commerce, not below the rank of Joint Secretary; (e) \ta representative of the Ministry of Food and Natural Disaster Management, not below the rank of Joint Secretary; (f) \ta representative of the Ministry of Health and Family Welfare, not below the rank of Joint Secretary; (g)\ta representative of the Ministry of Industry, not below the rank of Joint Secretary; (h)\ta representative of the Ministry of Environment and Forest, not below the rank of Joint Secretary; (i) \ta representative of the Ministry of Home Affairs, not below the rank of Joint Secretary; (j) \ta representative of the Ministry of Fishery and Livestock, not below the rank of Joint Secretary; (k) \ta representative of the Ministry of Establishment, not below the rank of Joint Secretary;  (l) \tDeputy Commissioner, Dhaka; (m)\tDirector General, Bangladesh Standards and Testing Institution; (n) \tChairman, Department of Food and Nutrition, University of Dhaka; (o) \tChairman, Department of Chemistry, University of Dhaka; (p) \ta representative of the Federation of Bangladesh Chambers of Commerce and Industries. (2) The National Food Safety Advisory Council shall advise to the Government on the following subjects- (a) \tmatters related to the safety of food and to the administration of this Ordinance, (b) \tstandard and quality control (National and Codex Standard) for food with a view to ensuring their purity, safety and proper nutritional value, (c)\ttechnical matters arising out of the administration of this Ordinance, (d)\tdevelopment of man-power services and facilities required for ensuring safety, quality and pure food for human consumption, and (e)\tpolicies and strategies related to food safety and quality control.", "name": "National Food Safety Advisory Council", "related_acts": "", "section_id": 5 }, { "act_id": 297, "details": "5. (1) The Government may determine by rules in this behalf- (a) \tthe normal constituents and the values of the chemical and physical constants of any article of food, and (b) \tin respect of a sample of any article of food, the deficiency in any such constituent or the addition of any extraneous matter or the proportion of water which shall, for the purpose of this Ordinance and until the contrary is proved, raise a presumption that such article is adulterated. (2) A public analyst shall, when certifying the result of any analysis made under this Ordinance, have regard to the rules referred to in sub-section (1). (3) When any rule referred to in sub-section (1) has been made, the purchaser of any article of food to which rule applies shall, until the contrary is proved, be deemed to have demanded food complying with such rule.", "name": "Power of Government to determine by rules to provide for normal constituents of articles of food and deficiencies or additions rendering such articles adulterated", "related_acts": "", "section_id": 6 }, { "act_id": 297, "details": "126A. No person shall directly or indirectly and whether by himself or by any other person acting on his behalf- (a)\tuse any poisonous or dangerous chemicals or ingredients or additives or substances like calcium carbide, formalin, pesticides (DDT, PCBs oil etc.), or intoxicated food colour or flavouring matter in any food which may cause injury to human body;  (b)\tsale any food in which poisonous or dangerous chemicals or ingredients or additives or substances like calcium carbide, formalin, pesticides (DDT, PCBs oil etc.) or intoxicated food colour or flavouring matter has been used in any food which may cause injury to human body.", "name": "Prohibition of sale or use of poisonous or dangerous chemicals, intoxicated food colour, etc.", "related_acts": "", "section_id": 7 }, { "act_id": 297, "details": "6. (1) No person shall, directly or indirectly and whether by himself or by any other person acting on his behalf,- (a) \tmanufacture or sell any article of food which is adulterated, or (b) \tsell to the prejudice of the purchaser any article of food which is not of the nature, substance or quality demanded by the purchaser. (2) An offence shall not be deemed to have been committed under sub-section (1), if the article of food contains the normal constituents prescribed under clause (a) of sub-section (1) of section 5, and if the chemical and physical constants of the article are in accordance with those referred to in the said clause- (a) \twhere any innocuous substance or ingredient has been added thereto, if such substance or ingredient- (i)\tis required for the production or preparation of such article as an article of commerce in a condition fit for carriage or consumption, and (ii)\tis not so added fraudulently to increase the bulk weight or measure, or to conceal the inferior quality, of such article: Provided that the admixture of such substance or ingredient does not render such article to be injurious to health; or  (b) where any constituent has been abstracted therefrom if such abstraction is required for the production or preparation of such article as an article of commerce fit for carriage or consumption and does not render such article to be injurious to health; or (c) \twhere a patent has been granted under any law for the time being in force, if such article is manufactured or sold in the condition required by the specification of the patent. (3) The opinion of the public analyst on the question whether any substance or ingredient is innocuous shall, subject to the provisions of section 32, be conclusive evidence on such question. (4) In any prosecution under this section,- (a) \tit shall not be a defence to allege- (i) \tthat the purchaser bought for analysis or examination and therefore was not prejudiced, or (ii)\tthat the person who manufactured or sold the article of food had no knowledge of, and could not with reasonable diligence have ascertained, its nature, substance or quality; and (b)\tthe Court shall, until the contrary is proved, presume that any article of food, which is found in the possession of any person who manufactures or sells similar articles, has been manufactured by that person, or is for sale by him, as the case may be.", "name": "Prohibition of manufacture or sale of food not of proper nature, substance or quality", "related_acts": "", "section_id": 8 }, { "act_id": 297, "details": "7. No person shall, directly or indirectly and whether by himself or by any other person acting on his behalf, manufacture or sell, as the case may be, any milk, butter, ghee, (that is to say, clarified milk fat), wheat flour (that is to say, maida, atta or suji) or mustard or any other rape seed oil, or any other article of food which may be notified by the Government in this behalf, unless the conditions specified in sections 8, 9, 10, 11, 12 and 13 are respectively fulfilled.", "name": "Prohibition of manufacture or sale of food not of proper standard of purity", "related_acts": "", "section_id": 9 }, { "act_id": 297, "details": "8.\t(1) In the case of milk other than skimmed, condensed, sterilised or desiccated milk,- (a) \tthe species of animal from which the milk is derived shall be specified by the seller in such manner as the local authority may direct by general or special order in this behalf; (b) \tthe article sold shall be the normal, clean and fresh secretion obtained by the complete milking of the udder of a healthy animal of the species specified, not earlier than seven days after the calving and freeing of the colostrums of such animal; and (c)\tthe article sold shall, whether such secretion has been processed or not, be an article from which no ingredient has been extracted and to which no water or other substance (including any preservative) has been added and which contains the normal constituents prescribed under clause (a) or sub-section (1) of section 5. (2) In the case of skimmed milk,- (a) \tthe container shall be labelled and marked in such manner as may be prescribed; (b)\tthe article sold shall contain such proportion of the constituents of milk as may be prescribed; and (c) \tthe place at which such article is sold shall be specified by the seller in such manner as the local authority may direct by general or special order in this behalf. (3) In the case of condensed, sterilised or desiccated milk,- (a)\tthe container shall be hermetically closed, labelled and marked in such manner as may be prescribed; and (b)\tthe article manufactured or sold, as the case may be, shall contain such proportion of the constituents of milk as may be prescribed.", "name": "Standard of purity of milk or skimmed milk or condensed milk or sterilised milk or desiccated milk", "related_acts": "", "section_id": 10 }, { "act_id": 297, "details": "9. In the case of butter, the article manufactured or sold, as the case may be, shall be exclusively derived from the milk or cream (other than skimmed, condensed, sterilised or desiccated milk or cream) of a cow or buffalo or both, and may be with or without salt and with or without the addition of any innocuous colouring matter, and shall not contain a greater proportion of water than may be prescribed.", "name": "Standard of purity of butter", "related_acts": "", "section_id": 11 }, { "act_id": 297, "details": "10.\tIn the case of ghee (that is to say, clarified milk fat), the article manufactured or sold, as the case may be, shall contain only substances (other than curds) which are prepared exclusively from the milk of cows or buffaloes or both, and shall fulfil such other conditions as may be prescribed.", "name": "Standard of purity of ghee", "related_acts": "", "section_id": 12 }, { "act_id": 297, "details": "11.\tIn the case of wheat flour (that is to say, maida, atta or suji), the article manufactured or sold, as the case may be, shall contain only substances which are derived exclusively from wheat, and shall fulfil such other conditions as may be prescribed.", "name": "Standard of purity of wheat flour", "related_acts": "", "section_id": 13 }, { "act_id": 297, "details": "12.\tIn the case of mustard or any other rape seed oil, the article manufactured or sold, as the case may be, shall be derived exclusively from mustard or any other rape seed, as the case may be, and shall fulfil such other conditions as may be prescribed.", "name": "Standard of purity of mustard or any other rape seed oil", "related_acts": "", "section_id": 14 }, { "act_id": 297, "details": "13.\tIn the case of any other article of food which may be notified by the Government under section 7, the article manufactured or sold, as the case may be, shall fulfil such conditions as may be prescribed.", "name": "Standard of purity of any other article of food", "related_acts": "", "section_id": 15 }, { "act_id": 297, "details": "14.\tNo person shall, directly or indirectly and whether by himself or by any other person acting on his behalf, manufacture or sell- (a)\tanything similar to or resembling an article of food notified under section 7 or specified in sections 8, 9, 10, 11, 12 and 13, under any name which so resembles the ordinary name of such article of food as to be likely to deceive the public or which is in any way calculated to mislead the public as to the nature, substance or quality of that thing; or (b) \tany food in the preparation of which an article of food notified under section 7 or specified in sections 8, 9, 10, 11, 12 and 13 has been used, unless such article fulfils the conditions specified in sections 8, 9, 10, 11, 12 and 13 as being applicable to it.", "name": "Prohibition of manufacture or sale of anything similar to or resembling an article of food", "related_acts": "", "section_id": 16 }, { "act_id": 297, "details": "15.\tIn any prosecution under this section,- (a)\tit shall not be a defence to allege that the person who manufactured or sold the article of food had no knowledge of, and could not with reasonable diligence have ascertained, the nature, substance or quality, of such article or of any article used in the preparation thereof; and (b)\tthe Court shall, until the contrary is proved, presume that any article of food notified under section 7 or specified in sections 8, 9, 10, 11, 12 and 13 or referred to in clause (b) of section 14, or any ingredient of, or anything used in the preparation of, such article, which is found in the possession of any person who manufactures or sells similar articles, has been manufactured by that person or has been kept by him for being used in the manufacture of such article or is for sale by him or has been kept by him for the purpose of preparation of any food referred to in clause (b) of section 14, as the case may be.", "name": "Absence of knowledge as to the character and composition of an article of food is no defence", "related_acts": "", "section_id": 17 }, { "act_id": 297, "details": "16.\t(1) No person shall keep or permit to be kept, in any manufactory, shop or place in which any article of food notified under section 7 or specified in sections 8, 9, 10, 11, 12 and 13 is manufactured or sold, any substance intended to be used for the adulteration of such article. (2) In any prosecution under this section, the Court shall, until the contrary is proved, presume that any substance, capable of being used for such adulteration and found in such manufactory, shop or place, is intended to be used for the purpose of such adulteration. (3) No person shall keep Guzi (niger seed) in any manufactory, shop or place mentioned in sub-section (1). (4) No person shall keep any quantity of white oil except under a licence granted by a local authority in such manner and form and subject to such conditions as may be prescribed.", "name": "Prohibition of keeping adulterants in places where food is manufactured or sold", "related_acts": "", "section_id": 18 }, { "act_id": 297, "details": "17.\t(1) No person shall sell for human consumption any living thing which is diseased or unsound or sell or manufacture any other article of food intended for human consumption which is unwholesome or unfit for human consumption. (2) In any prosecution under this section, the Court shall, until the contrary is proved, presume that any living thing which is diseased or unsound or any other article of food which is unwholesome or unfit for human consumption and is found in the possession of any person who sells similar living things or sells or manufactures similar articles of food for human consumption, is for sale or has been manufactured, as the case may be, by that person for human consumption.", "name": "Prohibition of sale of diseased animals and unwholesome food intended for human consumption", "related_acts": "", "section_id": 19 }, { "act_id": 297, "details": "18.\t(1) No person shall, directly or indirectly and whether by himself or by any other person acting on his behalf, with any article of food sold by him, give to the purchaser a label, whether attached to or printed on the container in which such article is sold or not, which falsely describes that article or is otherwise calculated to mislead as to its nature, substance or quality. (2) In any prosecution under this section, it shall not be a defence to allege that the person who gave such a label had no knowledge of, and could not with reasonable diligence have ascertained, its character.", "name": "Prohibition of use of false labels", "related_acts": "", "section_id": 20 }, { "act_id": 297, "details": "19.\t(1) No person shall publish or cause to be published, an advertisement (not being a label referred to in section 18) which falsely describes any article of food or is otherwise calculated to mislead the public as to its nature, substance or quality. (2) In any prosecution under this section, it shall be a defence for the accused to prove either- (a) \tthat he did not know, and could not with reasonable diligence have ascertained that the advertisement was of such a character as aforesaid; or (b) \tthat, being a person whose business it is to publish or arrange for the publication of advertisements, he received the advertisement for publication in the ordinary course of business. (3) In any prosecution under this section against the manufacturer or the seller, the Court shall, until the contrary is proved, presume that such advertisement was published or caused to be published by such manufacturer or seller as the case may be.", "name": "Prohibition of false advertisements", "related_acts": "", "section_id": 21 }, { "act_id": 297, "details": "20.\t(1) Notwithstanding anything contained in sections 6,7, 8, 9, 10, 11, 12,13, 14, 15, 16, 17 and 18, in any prosecution for the sale of any article of food in contravention of any of the provisions of those sections relating to such article, it shall be a defence for the seller to prove - (a) that he purchased such article as being of a nature substance or quality which would entitle him to sell it and with a written warranty to that effect, and (b) that, at the time of the sale to which the prosecution relates, he had no reason to suppose that the article was not of such a nature, substance or quality, and that it was then in the same condition as when he purchased it: Provided that a warranty given by a person who is not a resident in Bangladesh shall not be a defence unless the seller strictly proves to the satisfaction of the Court that he had taken reasonable steps to ascertain, and did in fact believe in, the correctness of the statement contained in the warranty. (2) Notwithstanding anything contained in any other law for the time being in force, no evidence relating to a warranty alleged under clause (a) of sub-section (1) shall be admissible on behalf of the seller unless, within seven days of the date of service upon him of any process issued by a Court for his attendance therein, he has sent- (a) \tto the complainant a copy of the warranty, together with a written notice stating that he intends to rely upon the warranty and specifying the name and address of the person from whom he received it, and (b) \tto the person from whom he received the warranty, a notice of his intention to rely upon it. (3) No person, whether as a principal or as an agent, shall give to a purchaser, in respect of any article of food, any warranty in writing which is false or which he has reason to believe to be false.", "name": "Conditions in which warranty may be pleaded as defence21.\tRegistration of certain premises", "related_acts": "", "section_id": 22 }, { "act_id": 297, "details": "21.\t(1) After the commencement of this Ordinance, no premises shall be used for- (a) \tthe wholesale manufacture or wholesale sale of any article of food notified under section 7 or specified in sections 8, 9, 10, 11, 12 and 13, or (b) \tthe manufacture or sale of ice-cream or any pickled, potted, pressed or preserved food, or (c) \thotel, inn, restaurant or sweetmeat shop, unless such premises have been registered by the occupier thereof in such manner, by such date and on payment of such fee as may be prescribed: Provided that the occupier of any premises so used on the date of the commencement of this Ordinance shall be allowed a period of two months from that date within which to effect registration. Explanation.- For the purposes of this section, the preparation of meat or fish by any process of cooking shall be deemed to be the preservation thereof. (2) Every registration under this section shall be renewed annually by the occupier of the preimses in such manner, by such date and on payment of such fee as may be prescribed. (3) An application for registration or renewal thereof shall, in the prescribed manner and form, be made to the local authority, which shall, in the prescribed manner and form, maintain a record of every such registration and renewal thereof. (4) The occupier of premises specified in clause (a) of sub-section (1) shall, in the prescribed form, maintain a record showing the quantity of each consignment of food despatched from such premises and the destination of each consignment, and such record shall be open to inspection by such officer of the local authority as may be authorised by the local authority in this behalf. (5) The registration of any premises under this section may be cancelled by the local authority if- (a) \tthe premises cease to be used for the purposes for which they were registered, (b) \tin the case of premises specified in clause (a) of sub-section (1), if the occupier fails to maintain the record referred to in sub-section (4), or (c)\tif the occupier is convicted of an offence punishable under this Ordinance : Provided that in the case of the first conviction under this Ordinance, the registration will not be cancelled unless the Court is of opinion that the offence is so serious as to warrant the cancellation of registration; but in the case of subsequent convictions under this Ordinance, the cancellation of registration will follow as a matter of course. (6) Nothing in this section shall apply to any premises used primarily as a club, theatre, cinema or public hall.", "name": "Registration of certain premises", "related_acts": "", "section_id": 23 }, { "act_id": 297, "details": "22.\tAny dealer in ice-cream, kulpi, ice, aerated water, sarbat, sweetmeats, biscuits, bread or any other dry food made of pulse or flour, who sells such article of food in any premises or part of any premises, and any such dealer by whom or on whose behalf any vehicle or container is used for the sale of any such articles of food elsewhere than in any premises or part of any premises, shall have his name and address legibly and conspicuously displayed on such premises, part of such premises, vehicle or container, as the case may be, in Bengali and 13English.", "name": "Special provision for sellers of ice-cream, aerated water, etc.", "related_acts": "", "section_id": 24 }, { "act_id": 297, "details": "23.\tNo milk, bread-stuffs, cake, pastry, sweetmeats, confectionery or other article of food intended or commonly used for human consumption without further preparation by cooking shall be sold, exposed or kept or hawked about or stored for sale unless they be kept properly covered or otherwise guarded to the satisfaction of the local authority, so that they shall be protected from dust, dirt and flies.", "name": "Prohibition of the keeping of bread-stuffs, etc., otherwise than in covered receptacles", "related_acts": "", "section_id": 25 }, { "act_id": 297, "details": "24.\tThe occupier of any premises or part of any premises used for the manufacture or sale of any article of food shall ensure- (1)\tthat no sanitary convenience, dustbin or ashpit is contained in, or communicates directly with, or is so placed that offensive odour therefrom penetrates into, such premises or part of such premises; (2)\tthat no source of, or receptacle for, the supply of water to such premises or part of such premises communicates directly with a drain, sink or sanitary convenience, or discharges directly into a sanitary convenience, and that there is not in such premises or part of such premises any outlet for the ventilation of any drain or for conveying sewage or foul water into any drain; (3)\tthat the roof, ceiling, walls, windows, doors and floor of such premises or part of such premises are kept clean and in good repair; (4)\tthat such premises or part of such premises are not used for sleeping purposes; (5) \tthat such premises or part of such premises are provided with sufficient and suitable ventilation;  (6)\tthat no refuse or filth, whether solid or liquid, is permitted to accumulate anywhere in such premises or part of such premises; (7)\tthat no waste-matter resulting from any process of manufacture or sale of any article of food is permitted to accumulate in any premises or part of any premises in which such manufacture or sale is carried on except in so far as is unavoidable in the nature of such manufacture or sale; and (8)\tthat all articles used in such premises or part of such premises are kept clean, and that all persons employed therein keep themselves and their clothing as clean as may be consistent with the nature of their employment.", "name": "Provisions relating to premises and part of premises used for manufacture and sale of food", "related_acts": "", "section_id": 26 }, { "act_id": 297, "details": "25.\tNo person, who is suffering from leprosy, tuberculosis or any other disease which may be notified by the Government in this behalf, shall manufacture or sell any article of food, or wilfully touch any such article which is for sale by any other person.", "name": "Certain diseased person not to manufacture, sell or touch food", "related_acts": "", "section_id": 27 }, { "act_id": 297, "details": "26.\t(1) Subject to the provisions of this Ordinance and the rules, a local authority may, and when so required by the Government shall, for the local area within its jurisdiction, make bye-laws for the purpose of securing the observance of sanitary conditions and practices in connection with the handling, wrapping and delivery of any article of food which is for sale or for delivery after sale. (2) In any bye-laws made under sub-section (1), the local authority may provide that any person committing a breach of any of the provisions thereof shall, on conviction by a Court, be punishable with fine which may extend to two hundred taka and on a second conviction with fine which may extend to four hundred taka and on a third or subsequent conviction with fine which may extend to one thousand taka or with imprisonment for a term which may extend to six months or with both.", "name": "Bye-laws with respect to the handling, wrapping and delivery of food", "related_acts": "", "section_id": 28 }, { "act_id": 297, "details": "27.\t(1) Subject to the provisions of this Ordinance and the rules, a local authority may, and when so required by the Government shall, for the local area within its jurisdiction,  make bye-laws with respect to all or any of the following matters, namely:- (a)\tthe registration of dairies, dairymen and persons habitually selling milk; (b)\tthe inspection by such local authority, or by any person authorised by it in this behalf, of dairies and dairy cattle from which milk is supplied to the inhabitants of such local area, and of persons having access to such milk or any container thereof; (c)\tthe duties to be performed by dairymen and persons selling milk in connection with the occurrence and reporting of infectious or contagious diseases among persons residing or employed in or about their premises or of any disease in dairy cattle which is communicable to man or of any disease of the udder; (d)\tthe conveyance and distribution of milk, and the labelling or marking of containers used for such conveyance or distribution. (e) \tthe ventilation, lighting, cleansing, drainage and water supply of dairies; (f)\tthe health and condition of milch cattle in dairies; (g)\tthe cleanliness of containers for milk in, and of persons employed in or about dairies; (h) \tthe protection of milk against infection or contamination; (i) \tthe prevention of the sale of infected, contaminated or dirty milk, the prohibition of the sale or distribution of any milk suspected of being infected, contaminated or dirty, the closing of any dairy where such milk is for sale and the exclusion therefrom of any cattle, the milk from which there is reason to believe has conveyed or is likely to convey any infectious disease; and (j) \tany other matter which, in the opinion of the Government, may be necessary to secure and maintain the purity of milk supply. Explanation.- In this sub-section, the word “milk” includes milk-products prepared for human food from milk or from anything derived from milk. (2) In any bye-laws made under sub-section (1), the local authority may provide that any person committing a breach of any of the provisions thereof shall, on conviction by a Court, be punishable with fine which may extend to two hundred taka and on a second conviction with fine which may extend to four hundred taka and on a third or subsequent conviction with fine which may extend to one thousand taka or with imprisonment for a term which may extend to six months or with both.", "name": "Bye-laws with respect to dairies and milk supply", "related_acts": "", "section_id": 29 }, { "act_id": 297, "details": "28.\t(1) A person who has purchased any article of food shall, on payment of such fee as may be prescribed, be entitled to have a sample of such article analysed or otherwise examined by the public analyst appointed for the area in which the purchase was made, and to receive from such public analyst a certificate in the form provided in the Schedule, specifying the result of the analysis or examination. (2) No person shall display any such certificate or copy thereof on his premises or use such certificate or copy thereof as an advertisement.", "name": "Right of purchaser to have article of food analysed or otherwise examined", "related_acts": "", "section_id": 30 }, { "act_id": 297, "details": "29.\t(1) Any person authorised in this behalf by the Government or by a local authority empowered by the Government for this purpose may, in respect of any article of food or any ingredient used in the manufacture thereof or any substances capable of being so used- (a) \twhich is in the process of manufacture or is for sale or has been kept for use in the manufacture of any food, tender the price of such sample of that article, ingredient or substance as may be reasonably requisite for division and disposal under section 30, and may require that the sample be sold to him for the purpose of analysis or bacteriological or other examination;  (b) \twhich, for the purposes of sale, is in transit or at any place of delivery or storage, demand such sample of that article, ingredient or substance as may be reasonably requisite for division and disposal under section 30, and may require that the sample be surrendered to him for the purpose of analysis or bacteriological or other examination. (2) Any person having in his possession any article, ingredient or substance in respect of which a requisition is made under sub-section (1), shall sell or surrender, as the case may be, such sample thereof as may be so required. (3) A person authorised under sub-section (1) may further require that any person having in his possession any article, ingredient or substance in respect of which a requisition is made under that sub-section shall sign a declaration in the prescribed form to the effect that the sample of such article, ingredient or substance which was so required has been so bought and sold or surrendered, as the case may be. (4) A person authorised under sub-section (1) shall for the purposes of this section have right to enter any place through which an article of food passes in transit or any place where an article of food is to be given delivery of or is stored and to inspect any records in any such place. (5) The price of any sample surrendered under sub-section (2) shall, in accordance with the rules, be payable by the Government or the local authority to the owner of the article, ingredient or substance from which the sample was surrendered, if the price is claimed by the owner in the prescribed manner and within one month from the date of the surrender.", "name": "Compulsory sale or surrender of samples of food for analysis or examination", "related_acts": "", "section_id": 31 }, { "act_id": 297, "details": "30.\tA person who intends to have analysed or otherwise examined a sample referred to in section 28 or a sample sold or surrendered under section 29, as the case may be, shall- (1)\tforthwith notify in writing his intention to the person who sold or surrendered the sample; (2)\tdivide the sample into three parts, and mark, seal or fasten each part in such manner as may be prescribed in presence of the person selling or surrendering the sample; (3) (a) \tin the case of a sample purchased, offer one part to the person who sold the sample, or (b) \tin the case of a sample surrendered, despatched by registered post one part to the consignor whose name and address appear on the container of the article, ingredient or substance sampled, together with a notice of the intention to have the sample analysed or otherwise examined or, if no such name and address appear thereon, retain the aforementioned part; (4)\tretain one part for purposes of future comparison; and (5)\tthereafter submit within seven days one part to the public analyst appointed for the area in which the sample was sold or surrendered.", "name": "Procedure for obtaining analysis or examination", "related_acts": "", "section_id": 32 }, { "act_id": 297, "details": "31.\t(1) Every public analyst to whom a sample has been submitted under section 30 for analysis or bacteriological or other examination shall- (a) \tanalyse or examine such sample or cause such sample to be analysed or examined; (b) \tnot later than 14seven days in normal case and two days in case of emergency after the date on which he receives the sample, deliver to the person submitting it a certificate in the form provided in the Schedule, specifying the result of the analysis or examination, as the case may be; (c) \tsend a copy of the certificate to the local authority concerned. (2) For the purpose of computing the period of 15seven days in normal case and two days in case of emergency referred to in  sub-section (1), any day which is a public holiday within the meaning of section 25 of the Negotiable Instruments Act, 1881, shall be excluded. (3) Any document purporting to be a certificate in the form provided in the Schedule and signed by a public analyst shall, in any inquiry, trial or proceeding under this Ordinance, be deemed to be sufficient evidence of the result of an analysis or examination made under this section.", "name": "Duty of public analyst to supply certificate of analysis", "related_acts": "46", "section_id": 33 }, { "act_id": 297, "details": "32.\tNotwithstanding anything contained in section 31 or in any other law for the time being in force, in any inquiry, trial or proceeding under this Ordinance- (1)\tthe Court, whether exercising its original, appellate or revisional jurisdiction and whether of its own motion or on the application of the complainant or the accused, may cause any article of food, or ingredient used in the manufacture thereof or substance capable of being so used, to be sent for analysis to the Director of Public Health Laboratory, Bangladesh, or to such other person as the Government may appoint by general or special order in this behalf. (2)\tthe said Director or person, as the case may be, shall analyse the article, ingredient or substance so sent, and shall submit to the Court a report specifying the result of the analysis and also specifying when so called upon by the Court whether any substance or ingredient in any article of food is innocuous or not; (3) \tthe said report shall be admissible in evidence in such Court; and (4) \tthe cost of such analysis shall be paid by the complainant or the accused, as the Court may direct.", "name": "Power of Courts to direct analysis", "related_acts": "", "section_id": 34 }, { "act_id": 297, "details": "33.\tAs soon as may be after the last day of March, the last day of June, the last day of September and the last day of December in every year, there shall be submitted to the Government, in such form as may be prescribed and with respect to the preceding quarter of the year- (1) \tby every local authority, a statement showing, in respect of the local area within its jurisdiction- (a)\tthe number of cases in which samples have been taken,  (b)\tthe number of samples found by analysis to be adulterated, (c)\tthe number of cases in which prosecutions for adulteration have been instituted, and (d)\tthe result of prosecutions which have been completed during such quarter; and (2)\tby every public analyst, a statement showing- (a)\tthe number of samples analysed by him, and (b)\tthe result of each analysis.", "name": "Quarterly reports by local authorities and public analysts", "related_acts": "", "section_id": 35 }, { "act_id": 297, "details": "34.\t(1) The Government may, by general or special order in this behalf, authorise any person to exercise all or any of the powers conferred by this Chapter. (2) The Government, or a local authority with the approval of the Government may, by general or special order in this behalf, appoint any person to be an Inspector for the purposes of this Ordinance. (3) No person shall be appointed an Inspector under sub-section (2) - (a) \tif he is directly or indirectly engaged in any trade or business connected with the manufacture or sale of any article of food, and (b)\tunless he possesses on the date of his appointment such qualifications as may be prescribed. (4) A person authorised, or an Inspector appointed, under this section shall be deemed to be a person authorised under section 29.", "name": "Authorisation of persons and appointment of Inspectors", "related_acts": "", "section_id": 36 }, { "act_id": 297, "details": "35.\t (1) A person authorised, or an Inspector appointed, under section 34 shall, on producing, if so required, such  authenticated proof of his authority as may be prescribed, have the right to enter any premises at any hour of the day or night excluding the hours between midnight and day break- (a) \tfor the purpose of ascertaining whether there has been, on or in connection with such premises any contravention of any of the provisions of this Ordinance, the rules or the bye-laws; (b) \tgenerally for giving effect to the provisions of this Ordinance, the rules and the bye-laws: Provided that entry into any premises used solely as a private dwelling-house shall not be demanded as of right unless at least three hours' notice of the intended entry has been given to the occupier of such premises. (2) No person shall resist or obstruct any entry made under sub-section (1). (3) In this section, the expression ÔÇÿpremises' includes 16any catering establishment lands, buildings, vehicles, tents, vans, structures of any kind, streams, lakes, sea-shore, drains, ditches or places open, covered or enclosed, whether built on or not, and whether public or private, and whether natural or artificial, and whether maintained or not under statutory authority, and any vessel lying in any river, harbour or other water not being a port declared under the Ports Act, 1908.", "name": "Right to enter premises", "related_acts": "89", "section_id": 37 }, { "act_id": 297, "details": "36.\tA person authorised, or an Inspector appointed, under section 34 may by written notice require any person carrying on the trade or business in, or manufacturing or selling, any article of food, to produce before him for inspection all books, vouchers, accounts and other documents relating to such trade, business, manufacture or sale and every person on whom such notice is served shall comply with such requisition.", "name": "Production of books, vouchers and accounts", "related_acts": "", "section_id": 38 }, { "act_id": 297, "details": "37.\t(1) A person authorised, or an Inspector appointed, under section 34 may, at any time of the day or night excluding the hours between midnight and daybreak, inspect and examine- (a)\tany living thing intended for human food which is, for the purposes of sale, in transit or at any place of delivery or storage or is in any manner for sale, (b)\tany other food which has been, or is in the process of being, manufactured or is, for the purposes of sale, in transit or at any place of delivery or storage or is in any manner for sale, (c)\tany ingredient used or kept for use, or any substance capable of being used, in the manufacture of such food, and (d)\tany container used in connection with the manufacture or sale of such food. (2) No person shall resist or obstruct any inspection or examination made under sub-section (1). (3) If such person or Inspector making an inspection or examination under sub-section (1) has reason to believe that any living thing intended for human food or any other article of food, or any ingredient or substance inspected or examined under that sub-section is unsound, unwholesome or unfit for human food or is adulterated, or that any container used in connection with the manufacture or sale of such food is of such kind or in such state as to render any food manufactured or contained therein unwholesome or unfit for human food, he may seize such living thing or other article of food, ingredient or substance or such container. Explanation.- (1) Meat subjected to the process of blowing shall be deemed to be unfit for human food. (2) A container made of any corrodable metal or material, notified in this behalf by the Government as dangerous to health, which is used for the preparation of liquid tea for sale shall be deemed to be of the kind referred to in this sub-section. (4) No person shall resist or obstruct any seizure made under sub-section (3). (5) When any article, ingredient or substance which is believed to be adulterated is seized under sub-section (3), the person or Inspector seizing it shall forthwith separate therefrom such sample thereof as is reasonably requisite for division and disposal under the provisions of section 30, and shall thereupon divide and dispose of such sample in the manner provided in that section. (6) When any living thing or other article of food, or any ingredient, substance or container is seized under sub-section (3), the person or Inspector seizing it may- (a)\tremove such living thing or other article of food or such ingredient or substance and any container thereof, or (b)\tinstead of removing it place it in such safe custody as he thinks fit after marking and sealing it in the prescribed manner whenever possible, in order that it may be dealt with under the provision of section 38 or section 39, as the case may be. (7) No person shall resist or obstruct any removal made under clause (a) of sub-section (6) and no person shall remove any living thing or other article of food, or any ingredient, substance or container from the custody in which it is placed under clause (b) of sub-section (6), or interfere or temper with it while in such custody.", "name": "Power to seize food believed to be adulterated", "related_acts": "", "section_id": 39 }, { "act_id": 297, "details": "38.\t(1) When any living thing or other article of food, or any ingredient, substance or container is seized under sub-section (3) of section 37, it may, with the written consent (witnessed by two other persons) of the owner or the person in whose possession it was found, be forthwith destroyed. (2) If such consent be not obtained, then if the article, ingredient or substance so seized is of a perishable nature and is in the opinion of the Inspector or the person authorised under section 34, unsound, unwholesome or unfit for human food, it may likewise be destroyed. (3) The expenses incurred in taking any action under sub-section (1) or sub-section (2) shall be realised as public demand from the person in whose possession such living thing or other article of food, ingredient or substance was at the time of its seizure.", "name": "Destruction of living things, etc., seized under section 37", "related_acts": "", "section_id": 40 }, { "act_id": 297, "details": "39.\t(1) A person authorised, or an Inspector appointed, under section 34 who seizes any living thing or other article of food, or any ingredient, substance or container under sub-section (3) of section 37 shall, when such living thing or other article of food, ingredient, substance or container is not  destroyed in pursuance of the provisions of section 38, inform the person from whose possession it is seized that it will be produced before a Magistrate, and shall produce it before a Magistrate as soon as may be after such seizure. (2) Whether or not any complaint is made under the Pakistan Penal Code or under this Ordinance, if the Magistrate before whom a living thing or other article of food, or any ingredient, substance or container is produced under sub-section (1) considers, after taking such evidence as he may think necessary, that - (a)\tsuch living thing or other article of food, ingredient or substance is unsound, unwholesome or unfit for human food or is adulterated, or (b)\tsuch container has been used for the manufacture or containing, for the purposes of sale, of any adulterated article, ingredient or substance or has rendered any food manufactured or contained therein unwholesome or unfit for human food, he shall cause such living thing or other article, ingredient, substance or container to be forfeited to the local authority for the local area in which the seizure took place, and the local authority shall forthwith cause such living thing or other article, ingredient, substance or container to be destroyed or otherwise disposed of in such manner as to prevent it being used for human consumption or for the manufacture or containing, for the purposes of sale, of any article, ingredient or substance, as the case may be. (3) The Magistrate shall further direct that the cost of the forfeiture, destruction or disposal ordered under sub-section (2) shall be paid by the person from whose possession the living thing or other article of food, ingredient, substance or container was seized, and such cost shall be realised from that person as though it were a fine imposed under this Ordinance. (4) If, after taking the evidence referred to in sub-section (2), the Magistrate considers that- (a)\tany living thing or other article, or any ingredient or substance, produced before him is not unsound, unwholesome or unfit for human food or is not adulterated, or (b)\tany container produced before him has not been used for the manufacture or containing, for the purposes of sale, of any adulterated article of food, ingredient or substance or has not rendered any food manufactured or contained therein unwholesome or unfit for human food, he may direct that such living thing or other article, ingredient, substance or container, as the case may be, shall be restored to the person from whose possession it was seized, and may further direct that the local authority for the local area in which the seizure took place shall pay to that person such sum as the Magistrate may fix by way of compensation for any deterioration in the value of such living thing or other article, ingredient, substance or container resulting from its seizure or removal.", "name": "Disposal of articles of food, ingredients, substances and containers seized", "related_acts": "", "section_id": 41 }, { "act_id": 297, "details": "40.\t(1) Subject to the remaining provisions of this section, a prosecution shall be instituted under this Ordinance by a local authority or by any person upon receipt from a public analyst of a certificate, in the form provided in the Schedule, specifying that any sample of any article of food, ingredient or substance sent to him for analysis or examination is adulterated. (2) No prosecution for any offence under this Ordinance shall be instituted except- (a)\tupon complaint by an individual (other than an Inspector appointed under section 34) who purchased any article of food and received the certificate referred to in sub-section (1) from a public analyst; or 17(b) \tupon the order in writing- (i) \tin the case where the offence is committed within a City Corporation or a Paurashava, the Mayor or Commissioner of the City Corporation, or the Chairman or Commissioner of the Paurashava, respectively;  (ii) \tin outside area of a City Corporation or a Paurashava, by the authorised officer of the Local Government Division, Ministry of Local Government, Rural Development and Co-operatives; or (c)\tupon complaint by an Inspector appointed under section 34 and authorised by the Director of Health Services or the local authority which appointed him as the case may be, by general or special order in this behalf. (3) An individual (other than an Inspector appointed under section 34) who purchases any article of food and receives the certificate referred to in sub-section (1) from a public analyst may either institute a prosecution for any offence under this Ordinance himself or report the matter to the local authority within whose jurisdiction the offence is committed and thereupon such local authority shall order a prosecution for such offence or authorise an Inspector appointed under section 34 or direct Inspector authorised by a general order under clause (c) of sub-section (2) to institute such a prosecution and the Inspector when so authorised or directed shall institute the prosecution. (4) No prosecution under this Ordinance, which is instituted more than sixty days after the receipt of the certificate referred to in sub-section (1), or more than thirty days after the date of an order given under clause (b) of sub-section (2), shall be maintainable unless the Magistrate is satisfied that, having regard to the circumstances of the particular case, the prosecution could not have been instituted earlier.", "name": "Institution of prosecution", "related_acts": "", "section_id": 42 }, { "act_id": 297, "details": "1841. (1) The Government may, by notification in the official Gazette, establish one or more Pure Food Court, as it considers necessary, in each district and metropolitan area for the purpose of this Ordinance. (2) The Court shall consist of an officer who is vested with the power of a Magistrate of the first class and who shall have to impose any sentence provided in this act. (3) The Government may specify, by notification in the official Gazette, the territorial jurisdiction of each Court.", "name": "Establishment of pure Food Court, its power and Jurisdiction", "related_acts": "", "section_id": 43 }, { "act_id": 297, "details": "41A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act No. V of 1898) no Court shall take cognizance of any offence punishable under this Ordinance except upon a complaint in writing, made by a Public Analyst or an Inspector or a person authorised by the Government.", "name": "Cognizance of Offences", "related_acts": "75", "section_id": 44 }, { "act_id": 297, "details": "41B. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898)- (a)\tan offence punishable under this Ordinance may be tried at any place within the local jurisdiction of the Pure Food Court; (b)\tan offence punishable under this Ordinance may be tried summarily in accordance with, as far as possible, the provisions laid down in chapter XXII of the said Code.", "name": "Place and Procedure of trial", "related_acts": "75", "section_id": 45 }, { "act_id": 297, "details": "41C. An appeal against the judgment of a Pure Food Court shall lie to the Sessions Judge or to the Metropolitan Sessions Judge, within 30 (Thirty) days as the case may be.", "name": "Appeal", "related_acts": "", "section_id": 46 }, { "act_id": 297, "details": "42.\tEvery person authorised under section 29 or section 34, and every Inspector appointed under section 34, shall be deemed to be a public servant within the meaning of section 21 of the 19* * * Penal Code.", "name": "Certain persons to be deemed to be public servants", "related_acts": "", "section_id": 47 }, { "act_id": 297, "details": "43.\tNo suit, prosecution or legal proceeding whatever shall lie against any person in respect of anything which is in good faith done or intended to be done under this Ordinance, the rules or the bye-laws.", "name": "Indemnity", "related_acts": "", "section_id": 48 }, { "act_id": 297, "details": "44.\tWhoever contravenes any provision of this Ordinance mentioned in the first column of the following table shall be punished, for the first offence, with a fine not less than that mentioned in the third column and not exceeding that mentioned in the fourth column of the said table, and for a second or subsequent offence of the same kind with punishment not less than that mentioned in the fifth column and not exceeding that mentioned in the sixth column of that table. Explanation.- The entries in the second column of the following table, headed “subject”, are not intended as definitions of the offences described in the provisions mentioned in the first column, or even as abstracts of those provisions, but are inserted merely as references to the subject thereof. 20Provisions of the Ordinance Definition of the Offence Fine or imprisonment which may be imposed for a first offence Both fine and imprisonment which may be imposed for a second or subsequent offence Minimum Maximum Minimum Maximum 1 2 3 4 5 6 Section 6(1) Manufacture or sale of food which is adulterated or sale of food which is not of proper nature, substance or quality. Taka five thousand or rigorous imprisonment which may extend to six months or both. Taka fifty thousand or rigorous imprisonment which may extend to one year or both. Taka fifty thousand or rigorous imprisonment which may extend to three years or both. Taka two lakhs and rigorous imprisonment for three years as well as forfeiture of shop or factory including machineries to the Government or to the local authority. Section 6A Prohibition of sale or use of formalin, intoxicated food color etc. Taka five thousand or rigorous imprisonment which may extend to six months or both. Taka fifty thousand or rigorous imprisonment which may extend to one year or both. Taka fifty thousand or rigorous imprisonment which may extend to three years or both. Taka two lakhs and rigorous imprisonment for three years as well as forfeiture of shop or factory including machineries to the Government or to the local authority. Provisions of the Ordinance Definition of the Offence Fine or imprisonment which may be imposed for a first offence Both fine and imprisonment which may be imposed for a second or subsequent offence Minimum Maximum Minimum Maximum 1 2 3 4 5 6 Sections 7 to 13 Manufacture or sale of food not of proper standard or purity. Taka five thousand or rigorous imprisonment which may extend to six months or both. Taka fifty thousand or rigorous imprisonment which may extend to one year or both. Taka fifty thousand or rigorous imprisonment which may extend to three years or both. Taka two lakhs and rigorous imprisonment for three years as well as forfeiture of shop or factory including machineries to the Government or to the local authority. Section 14(a) Manufacture or sale of anything resembling any article of food notified under sections 7 or specified in section 8, 9, 10, 11, 12 and 13. Taka two thousand five hundred or rigorous imprisonment which may extend to six months or both. Taka twenty five thousand or rigorous imprisonment which may extend to one year or both. Taka twenty five thousand or rigorous imprisonment which may extend to two years or both. Taka one lakh and rigorous imprisonment for three years as well as forfeiture of shop or factory including machineries to the Government or to the local authority. Section 14(b) Manufacture or sale of food containing any article of food not of proper standard or purity. Taka five thousand or rigorous imprisonment which may extend to six months or both. Taka fifty thousand or rigorous imprisonment which may extend to one year or both. Taka fifty thousand or rigorous imprisonment which may extend to two years or both. Taka two lakhs and rigorous imprisonment for two years as well as forfeiture of shop or factory including machineries to the Government or to the local authority. Section 16(1) Keeping or permitting the keeping of adulterants in place where food is manufactured or sold. Taka five thousand or rigorous imprisonment which may extend to six months or both. Taka fifty thousand or rigorous imprisonment which may extend to one year or both. Taka fifty thousand or rigorous imprisonment which may extend to two years or both. Taka two lakhs and rigorous imprisonment for two years as well as forfeiture of shop or factory including machineries to the Government or to the local authority. Section 16(4) Keeping of white oil except in accordance with a prescribed license. Ditto Ditto Ditto Ditto Section 17(1) Sale of diseased animal or unwholesome food. Taka five thousand or rigorous imprisonment which may extend to three months or both. Taka fifty thousand or rigorous imprisonment which may extend to one year or both. Taka one lakh or rigorous imprisonment which may extend to two years or both. Taka two lakhs fifty thousand and rigorous imprisonment for two years or both. Section 18(1) Use of false label Taka five thousand or rigorous imprisonment which may extend to one year or both. Taka fifty thousand or rigorous imprisonment which may extend to two years or both. Taka one lakh or rigorous imprisonment which may extend to three months or both. Taka two lakhs and rigorous imprisonment for two years as well as forfeiture of shop or factory including machineries to the Government or to the local authority. Section 19(1) Publication of false advertisement. Ditto Ditto Ditto Ditto Section 20(3) Giving of false warranty. Taka ten thousand or rigorous imprisonment which may extend to six months or both. Taka fifty thousand or rigorous imprisonment which may extend to one year or both. Taka one lakh or rigorous imprisonment for one year or both. Taka two lakhs and rigorous imprisonment for two years. Provisions of the Ordinance Definition of the Offence Fine or imprisonment which may be imposed for a first offence Both fine and imprisonment which may be imposed for a second or subsequent offence Minimum Maximum Minimum Maximum 1 2 3 4 5 6 Sections 21 (1) and 21 (2) Use of unregistered premises, failure to register premises or failure to renew registration. Taka five thousand or rigorous imprisonment which may extend to six months or both. Taka fifty thousand or rigorous imprisonment which may extend to one year or both. Taka one lakh or rigorous imprisonment which may extend to one year or both. Taka two lakhs and rigorous imprisonment for two years. Section 21(4) Use of unregistered premises, failure to register premises or failure to renew registration. Taka five thousand or rigorous imprisonment which may extend to six months or both. Taka fifty thousand or rigorous imprisonment which may extend to one year or both. Taka one lakh or rigorous imprisonment which may extend to one year or both. Taka two lakhs and rigorous imprisonment for two years. Section 22 Failure to display name and address. Taka fifty thousand or rigorous imprisonment which may extend to three months or both. Taka fifty thousand or rigorous imprisonment which may extend to six months or both. Taka twenty five thousand or rigorous imprisonment which may extend to one year. Taka fifty thousand  or rigorous imprisonment for one year. Section 23 Failure to keep in covered receptacles. Ditto Ditto Ditto Ditto Section 24 Failure to keep in proper condition premises or part of premises or articles or persons employed therein. Ditto Ditto Ditto Ditto Section 25 Manufacturing, selling or touching food when suffering from leprosy, tuberculosis or any other notified diseases. Taka five thousand or rigorous imprisonment which may extend to six months or both. Taka fifty thousand or rigorous imprisonment which may extend to one year or both. Taka fifty thousand or rigorous imprisonment which may extend to one year or both. Taka two lakhs and rigorous imprisonment for two years. Section 29(2) Refusal to sell or surrender samples of food for analysis of examination. Taka ten thousand or rigorous imprisonment which may extend to six months or both. Taka fifty thousand or rigorous imprisonment which may extend to one year or both. Taka fifty thousand and rigorous imprisonment which may extend to one year or both. Taka two lakhs and rigorous imprisonment for two years. Section 29(3) Refusal to sign a declaration. Ditto Ditto Ditto Ditto Section 35(2) Resisting or obstructing entry of authorised person or inspector. Ditto Taka seventy five thousand or rigorous imprisonment which may extend to one year or both. Taka one lakh or rigorous imprisonment which may extend to one year or both. Taka three lakhs and rigorous imprisonment for three years. Section 36 Refusal to comply with requisition to produce books, vouchers, accounts and other documents. Ditto Ditto Ditto Ditto Section 37(2)(4) Resisting or obstructing inspection, examination or seizure by authorised person or inspector. Ditto Ditto Ditto Ditto Provisions of the Ordinance Definition of the Offence Fine or imprisonment which may be imposed for a first offence Both fine and imprisonment which may be imposed for a second or subsequent offence Minimum Maximum Minimum Maximum 1 2 3 4 5 6 Section 37(7) Resisting or obstructing removal authorised person or inspector or removing, interfering or tampering with article, ingredient, substance or container seized and placed in safe custody. Taka ten thousand or rigorous imprisonment which may extend to six months or both. Taka seventy five thousand or rigorous imprisonment which may extend to one year or both. Taka one lakh or rigorous imprisonment which may extend to one year or both. Taka three lakhs and rigorous imprisonment for three years.", "name": "Penalties", "related_acts": "", "section_id": 49 }, { "act_id": 297, "details": "2144A. All fines recovered under this Ordinance shall be credited as criminal fines within the limits of the Court under whose jurisdiction the offence was committed.", "name": "Credit of fines Recovered", "related_acts": "", "section_id": 50 }, { "act_id": 297, "details": "45.\tIf, in any prosecution under this Ordinance, the Court imposes any penalty provided in this Ordinance, it shall also direct the person upon whom such penalty is imposed to pay to the individual who has made the complaint under sub-section (3) of section 40 or to the local authority concerned such sum towards the costs of the prosecution (including the cost of any analysis or examination made under this Ordinance) as the Court may think reasonable and such sum shall be realised from that person as though it was a fine imposed under this Ordinance.", "name": "Award of costs", "related_acts": "", "section_id": 51 }, { "act_id": 297, "details": "46.\t(1) If, in the opinion of the Government, a local authority has shown its incompetence to perform, or has persistently made default in the performance of, any duty imposed, or has exceeded or abused any power conferred, upon it by or under this Ordinance, and such incompetence, default, excess or abuse is to the detriment of the general interests of the consumers of food in the local area within the jurisdiction of such authority, the Government may, by notification in the official Gazette and after affording the local authority an opportunity of being heard, suspend the performance or exercise by the local authority of that duty or power, as the case may be, for such period as may be specified in the notification, and shall thereupon take such action as it thinks fit for the performance of that duty or the exercise of that power. (2) The cost of any action taken by the Government under sub-section (1) shall be paid from the funds of the local authority concerned.", "name": "Power of Government to suspend performance of duties and exercise of powers by local authorities", "related_acts": "", "section_id": 52 }, { "act_id": 297, "details": "47.\t (1) If, in any area in which this Ordinance is in force, any provision of this Ordinance is inconsistent with any provision of any other Act which is in operation in such area, the provisions of the other Act in their application to such area shall to the extent of the inconsistency be void and the provisions of this Ordinance shall prevail. (2) If any difficulty arises owing to the conflict of any provision of this Ordinance with any provision of any other Act, the Government may by order do anything or authorise any matter or thing to be done which may be necessary to remove such difficulty or to give effect to the provisions of this Ordinance.", "name": "Inconsistency or conflict of provisions of this Ordinance with provisions of other Acts", "related_acts": "", "section_id": 53 }, { "act_id": 297, "details": "48.\t(1) No bye-law made by any local authority under this Ordinance shall take effect unless and until it is submitted to and confirmed by the Government. (2) Such bye-laws shall not be confirmed- (i) \tunless one month at least before the making of the application, notice of the intention to apply for confirmation has been given in one or more of the local newspapers circulated within the local area to which such bye-laws relate or if there be no such newspapers then in such manner as the local authority concerned may direct, and (ii)\tunless for one month at least before such application a copy of the proposed bye-laws has been kept at the office of the local authority concerned and has been opened during office hours thereof to the inspection of the inhabitants of the local area to which such bye-laws relate without fee. 22(3) Printed copies of such draft, bye-laws shall be supplied by the local authority to any person requiring the same on payment of taka five for every hundred words contained in the copy. (4) Before confirming any bye-law, the Government may modify it. (5) The Government may rescind any bye-law which it has confirmed and thereafter the bye-law shall cease to have effect.", "name": "Bye-laws to be subject to confirmation by the Government", "related_acts": "", "section_id": 54 }, { "act_id": 297, "details": "49.\t(1) The Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Ordinance. (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:- (i) \tthe qualifications, salary and conditions of appointment of public analysts appointed under section 4; (ii)\tthe normal constituents and the values of the chemical and physical constants of any article of food referred to in clause (a) of sub-section (1) of section 5 and the deficiencies in, or additions to, any article of food which are to raise the presumption that such article is adulterated referred to in clause (b) of that sub-section; (iii)\tfor the purposes of sections 7 to 13, the manner in which containers of skimmed, condensed, sterilized or desiccated milk shall be labelled and marked, the proportion of the constituents of milk to be contained in skimmed, condensed, sterilised or desiccated milk, the proportion of water that may be contained in butter, and the conditions to be fulfilled in the case of ghee (that is to say, clarified milk fat), wheat, flour (that is to say, maida, atta or suji), mustard or rape seed oil and any other article of food notified under section 7; (iv) \tthe form, manner and conditions of licence under sub-section (4) of section 16; (v) \tthe manner in which, and the date by which, premises shall be registered under section 21, the manner in which, and the date by which, renewal of such registration shall be effected, the fee payable for such registration and renewal, the manner and form in which applications for registration and renewal thereof shall be made, the manner of maintaining records of registrations and renewals, and the form of such record; (vi)\tthe form in which records of the despatch and destination of consignments shall be maintained under sub-section (4) of section 21; (vii)\tthe fee payable under section 28 for the analysis or examination of any article of food; (viii) \tthe form of the declaration to be signed under sub-section (3) of section 29, the manner in which applications may be made for payment under sub-section (5) of that section and the cases in which payment is to be made by the Government or by the local authority; (ix)\tthe manner in which the parts of samples shall be marked, sealed or fastened after division under clause (2) of section 30; (x)\tthe form of the statements to be submitted under section 33; (xi) \tthe qualifications to be possessed by persons for appointment as Inspectors referred to in clause (b) of sub-section (3) of section 34; (xii)\tthe authenticated proof of authority to be produced under sub-section (1) of section 35; and (xiii) \tthe manner in which anything seized under section 37 shall be marked and sealed before placing it in safe custody referred to in clause (b) of sub-section (6) of that section.", "name": "Power of Government to make rules", "related_acts": "", "section_id": 55 } ], "text": "1♣An Ordinance to provide for the better control of the manufacture and sale of food for human consumption. WHEREAS it is expedient to provide for the better control of the manufacture and sale of food for human consumption; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the Governor of East Pakistan is pleased to make and promulgate the following Ordinance, namely:-" }

{ "id": 298, "lower_text": [ "1 Throughout this Ordinance, the word “Government” was substituted for the words “Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Dhanmandai Residential Zone (Termination of Lease) Ordinance, 1959 (East Pakistan Ordinance)", "num_of_sections": 2, "published_date": "7th December, 1959", "related_act": [ 430 ], "repelled": false, "sections": [ { "act_id": 298, "details": "1. (1) This Ordinance may be called the Dhanmandai Residential Zone (Termination of Lease) Ordinance, 1959. (2) It shall come into force at once.", "name": "Short title and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 298, "details": "2. When the Government terminates any lease in respect of any plot in the Dhanmandai Residential Area, on the failure of the tenant to complete the constructions of the houses, out-houses and appurtenances within the period stipulated in the Indenture of Lease and for allotment of more than one plot in the family and takes possession of the same, no suit or proceeding of any kind whatsoever shall lie or be proceeded with in any Court to challenge the validity of any such order of termination of the lease and taking over possession of the demised property on the termination of such lease. Explanation.- 'Family' means husband, wife and children.", "name": "Bar to jurisdiction of Civil Courts", "related_acts": "", "section_id": 2 } ], "text": "WHEREAS the Government have leased out plots of Dhanmandai Residential Area to the tenants on terms and conditions set forth in the Standard Agreement for Dhanmandai Residential Area;1♣ AND WHEREAS it is provided in the Indenture of Agreement executed by the tenants that the construction of houses, out-houses and appurtenances on the demised property shall be made within 2 years from the date of commencement of the lease or within such further time as the Government may allow in its discretion; AND WHEREAS it is further provided that on the failure of the tenant to complete the construction of house, out-houses and appurtenances within the aforesaid period or within such time as the Government may allow, the lease shall be liable to be terminated by the Government and on such termination, the tenant shall surrender the demised property to the Government forthwith; AND WHEREAS some such tenant has obtained allotment of more than one plot in the name of his wife, husband or children; AND WHEREAS it is expedient to remove any doubt as to the power of the Government to terminate any such lease and to take over possession of the demised property for failure of the tenant to complete the construction within the period stipulated in the Indenture of Lease and for allotment of more than one plot in the family; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the Governor of East Pakistan is pleased to make and promulgate the following Ordinance, namely:-" }

{ "id": 299, "lower_text": [ "1 The words “Sugar Mill Zone areas in Bangladesh” were substituted for the words “sugarcane growing areas in East Pakistan” by section 2 of the Sugar (Road Development Cess) (Amendment) Act, 1980 (Act No. XXXVIII of 1980)", "2 The words “East Pakistan” were omitted by section 4 of the Sugar (Road Development Cess) (Amendment) Act, 1980 (Act No. XXXVIII of 1980)", "3 The word “Bangladesh” was substituted for the words “East Pakistan” by section 4 of the Sugar (Road Development Cess) (Amendment) Act, 1980 (Act No. XXXVIII of 1980)", "4 The words “twelve poisha” were substituted for the words “twelve paisa” by section 5 of the Sugar (Road Development Cess) (Amendment) Act, 1980 (Act No. XXXVIII of 1980)", "5 The words “Sugar Mill Zone areas” were substituted for the words “sugarcane growing areas” by section 5 of the Sugar (Road Development Cess) (Amendment) Act, 1980 (Act No. XXXVIII of 1980)", "6 The words “twelve poisha” were substituted for the words “twelve paisa” by section 5 of the Sugar (Road Development Cess) (Amendment) Act, 1980 (Act No. XXXVIII of 1980)", "7 The word “Government” was substituted for the words “Provincial Government” by section 5 of the Sugar (Road Development Cess) (Amendment) Act, 1980 (Act No. XXXVIII of 1980)", "8 The words “twelve poisha” were substituted for the words “twelve paisa” by section 5 of the Sugar (Road Development Cess) (Amendment) Act, 1980 (Act No. XXXVIII of 1980)", "9 Sections 3 and 3A were substituted for the former section 3 by section 6 of the Sugar (Road Development Cess) (Amendment) Act, 1980 (Act No. XXXVIII of 1980)", "10 Clause (a) was substituted by section 2 of the Sugar (Road Development Cess) (Amendment) Ordinance, 1982 (Ordinance No. VII of 1982)", "11 Clause (b) was omitted by section 2 of the Sugar (Road Development Cess) (Amendment) Ordinance, 1982 (Ordinance No. VII of 1982)", "12 Clause (e) was substituted by section 2 of the Sugar (Road Development Cess) (Amendment) Ordinance, 1984 (Ordinance No. XXXIV of 1984)", "13 The words and comma “Secretary, Ministry of Industries” were substituted for the words and brackets “Directorate of Accounts of the Food and Agriculture (Food) Department” by section 7 of the Sugar (Road Development Cess) (Amendment) Act, 1980 (Act No. XXXVIII of 1980)", "14 Section 5 was substituted by section 8 of the Sugar (Road Development Cess) (Amendment) Act, 1980 (Act No. XXXVIII of 1980)", "15 The word “Government” was substituted for the words “Provincial Government” by section 9 of the Sugar (Road Development Cess) (Amendment) Act, 1980 (Act No. XXXVIII of 1980)" ], "name": "The Sugar (Road Development Cess) Ordinance, 1960 (East Pakistan Ordinance)", "num_of_sections": 8, "published_date": "16th August, 1960", "related_act": [], "repelled": true, "sections": [ { "act_id": 299, "details": "1. (1) This Ordinance may be called the 2* * * Sugar (Road Development Cess) Ordinance, 1960. (2) It extends to the whole of 3Bangladesh. (3) It shall be deemed to have come into force on the 18th day of December, 1959.", "name": "Short title, extent and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 299, "details": "2. (1) Every person selling sugarcane to the Sugar Mills, shall pay a cess at the rate of 4twelve poisha per maund of sugarcane sold by him for the development and maintenance of roads in the 5Sugar Mill Zone areas: Provided that on fraction of a maund of sugarcane supplied at a time, 1/16 of the total amount received as price of sugarcane shall be paid as cess: Provided further that a Sugar Mill, while making payment of the price of sugarcane to a sugarcane seller, may pay 6twelve poisha less per maund of cane so purchased and pay the cess to the 7Government at the rate of 8twelve poisha per maund on the total maundage of cane purchased. (2) Every Sugar Mill who use sugarcane from their own farm for the production of sugar, shall also pay the cess at the rate prescribed in sub-section (1) above.", "name": "Levy of cess", "related_acts": "", "section_id": 2 }, { "act_id": 299, "details": "93. The amount of cess shall be collected by the Sugar Mills on behalf of the Government for each maund of sugarcane sold to them by the sugarcane sellers or used from their own farm, as the case may be, and shall be deposited into the local treasury under the head \"F. 5-Deduct-Receipts and Recoveries on Capital Accounts- F.5(4)-Sugar Development Cess from Sugar growers” for the purpose of credit of the collection, and the expenditure for the purpose of maintenance and development of roads in the sugarcane growing areas shall be debitable under the head “F-Sugar Development- F.2(3)-Payment to Sugar Cess Road Development Committee” subordinate to the major Head “85-A-Capital Outlay on Schemes of State Trading- (Misc.) C-Other Miscellaneous Schemes”.", "name": "Mode of collection and expenditure of cess", "related_acts": "", "section_id": 3 }, { "act_id": 299, "details": "3A. (1) There shall be a Committee to be called the Sugar Cess Road Development Committee for every Sugar Mill Zone area consisting of the following members, namely:- 10(a)\ta Chairman to be nominated by the Government; 11* * * (c)\tthe Deputy Commissioner of the district in which the Sugar Mill is situated, ex- officio; (d)\tthe District Extension Officer of the district in which the Sugar Mill is situated, ex- officio; 12(e)\tthe Upazila Nirbahi Officer of the upazila where the sugar mill is situated, ex- officio; (f)\tthe District Engineer, Zilla Parishad of the district in which the Sugar Mill is situated, ex- officio; (g)\ttwo sugarcane growers' representatives to be nominated by the Chairman; (h)\tthe Deputy Chief Cane Development Officer of the Sugar Mill concerned, ex- officio; (i) \tthe Civil Engineer of the Sugar Mill concerned, ex- officio; (j) \tthe person in-charge of the Sugar Mill concerned, ex- officio, who shall also be its Secretary: Provided that the Committee may co-opt non-official members not exceeding two in number. Explanation.- Sugar Mill Zone area shall mean such area as the Government may, by notification in the official Gazette, specify from time to time. (2) The Committee shall be responsible to plan and execute the road development work within the Sugar Mill Zone area concerned and shall maintain proper records of receipts and expenditure by it for implementation of the plan and shall submit the monthly statement of accounts to the Government.", "name": "Committee", "related_acts": "", "section_id": 4 }, { "act_id": 299, "details": "4. Each Sugar Mill shall submit a monthly statement by the first week of the following month to the 13Secretary, Ministry of Industries showing the total quantity of sugarcane purchased by them from the sugarcane sellers or used from their own farm, and the total amount of cess realised and deposited by them. The Sugar Mills shall also send along with the statement a copy of the Treasury chalan showing such deposit.", "name": "Submission of returns", "related_acts": "", "section_id": 5 }, { "act_id": 299, "details": "145. The cess collection accounts of Sugar Mills and the accounts of the Sugar Cess Road Development Committees shall be audited by the Government Commercial Audit and necessary facilities shall be afforded to them by the Sugar Mills and the Sugar Cess Road Development Committees for the purpose.", "name": "Audit of Accounts", "related_acts": "", "section_id": 6 }, { "act_id": 299, "details": "6. If the person on whom the cess is levied under section 2, or who is responsible for the collection and payment of the cess under section 3, fails to pay the cess as provided in this Ordinance, he shall be liable to a penalty not exceeding the amount of the cess payable.", "name": "Penalty", "related_acts": "", "section_id": 7 }, { "act_id": 299, "details": "7. The 15Government may make rules for carrying out the purposes of this Ordinance .", "name": "Power to make rules", "related_acts": "", "section_id": 8 } ], "text": "An Ordinance to levy cess for the development and maintenance of roads in the 1Sugar Mill Zone areas in Bangladesh. WHEREAS it is expedient to levy cess for the development and maintenance of roads in the Sugar Mill Zone areas in Bangladesh; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the Governor of East Pakistan is pleased to make and promulgate the following Ordinance, namely:-" }

{ "id": 300, "lower_text": [ "1 Throughout this Ordinance, the word “Bangladesh”, “Government” and “taka” were substituted respectively for the words “Pakistan”, “appropriate Government” and “rupees” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "2 Clause (aa) 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 (ee) was inserted by Article 2 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "4 Sub-section (1) and (1A) were substituted for former sub-section (1) by Article 3 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "5 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "6 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "7 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "8 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "9 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "10 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "11 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "12 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "13 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "14 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "15 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "16 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "17 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "18 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "19 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "20 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "21 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "22 The words and commas “or, as the case may be, the Chairman” were inserted by Article 4 of the Tea (Control of Prices, Distribution and Movement) Ordinance (Amendment) Order, 1972 (President’s Order No. 160 of 1972)", "23 The word “Government” was substituted for the words “Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "24 Section 30 was substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)", "25 The word “Government” was substituted for the words “Central Government or a Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)" ], "name": "The Tea (Control of Prices, Distribution and Movement) Ordinance, 1960", "num_of_sections": 34, "published_date": "6th July, l960", "related_act": [ 24, 75, 300, 430 ], "repelled": false, "sections": [ { "act_id": 300, "details": "1. (l) This Ordinance may be called the Tea (Control of Prices, Distribution and Movement) Ordinance, 1960. (2 It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "300", "section_id": 1 }, { "act_id": 300, "details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“approved dealer” means a dealer in tea registered under this Ordinance as a bidder, blender, importer, wholesaler or retailer; 2 * * * (b)\t“bidder” means a person who bids at internal tea auctions for the purpose of buying tea either for himself or on behalf of others, and includes a broker; (c)\t“blender” means a person engaged in the business of buying and blending tea and preparing packets or other containers of tea for distribution; (d)\t“brewed tea” means tea prepared for drinking, whether with or without milk, sugar or gur; (e)\t“broker” includes a commission agent; 3(ee) “Chairman” means the Chairman of the Bangladesh Tea Board and includes any officers authorised by the Government to exercise all or any of the powers of the Chairman under this Ordinance; (f)\t“Controller-General” means the Controller-General of Prices and Supplies appointed by the Government, and includes any Additional, Deputy or Assistant Controller-General so appointed, and any other officer authorised by the Government to exercise all or any of the powers of the Controller-General under this Ordinance; (g)\t“dealer” means a person who deals in tea as a bidder, blender, importer, wholesaler or retailer; (h)\t“importer” means a person who imports into Bangladesh tea from outside Bangladesh; (i)\t“prescribed” means prescribed by rules made under this Ordinance; (j)\t“retailer” means a person carrying on the business of selling tea in retail, whether in conjunction with any other business or not; (k)\t“tea” includes blended and unblended tea, tea leaf, tea fanning, tea dust, tea contained in packets or other containers and brewed tea; and (l)\t“wholesaler” means a person carrying on the business of selling tea wholesale, whether in conjunction with any other business or not.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 300, "details": "3. 4(l) The Chairman shall maintain separate registers, in such forms as may be prescribed, for registration of bidders, blenders, wholesalers and retailers, and may register any person in such register on an application made to him, giving such particulars, in such form, and on payment of such fees as may be prescribed, and subject to such conditions, if any, as the Chairman may think fit to impose. (1A) The Controller-General shall maintain separate registers for registration of importers, and register any person in such register, in the manner indicated in sub-section (1). (2) The Controller-General 5or, as the case may be, the Chairman may require any person applying for registration under sub-section (1) to furnish such further particulars and information and to produce such documents as the Controller-General 6or, as the case may be, the Chairman may consider necessary for the purpose. (3) The Controller-General 7or, as the case may be, the Chairman shall notify in the official Gazette the name of every person registered under sub-section (1). (4) Nothing in this section shall be construed as precluding a person registered in any one of the registers maintained under sub-section (1) from being registered in any other register so maintained.", "name": "Registration of dealers", "related_acts": "", "section_id": 3 }, { "act_id": 300, "details": "4. (1) No dealer shall be entitled to registration under sub-section (1) of section 3 as of right, and registration may be refused, or, if granted, may be suspended or cancelled for any one of the following reasons, that is to say,- (a) \tfor contravening or failing to comply with any provision of this Ordinance, or the rules or orders made thereunder; (b)\tfor contravening or failing to comply with any condition imposed by the Controller-General 8or, as the case may be, the Chairman at the time of registration under section 3; (c)\tfor under-invoicing or over-invoicing the value of imports or exports of tea; (d)\tfor obtaining or attempting to obtain registration under this Ordinance by fraudulent means or wilful misrepresentation; (e)\tfor indulging in activities which in the opinion of the Controller-General 9or, as the case may be, the Chairman are detrimental to public interest. (2) Any person aggrieved by an order under sub-section (1) may appeal against the order to the Government, within such time as may be prescribed, and the order of the Government thereon shall be final.", "name": "Power to refuse, suspend or cancel registration", "related_acts": "", "section_id": 4 }, { "act_id": 300, "details": "5. (1) All sales at internal auctions of tea shall be on immediate payment basis, and all kinds of speculative forward transactions in tea are hereby prohibited. (2) Any such transaction as aforesaid outstanding immediately before the promulgation of this Ordinance shall, notwithstanding anything in any agreement, contract, deed or other document, be void.", "name": "Forward transaction banned", "related_acts": "", "section_id": 5 }, { "act_id": 300, "details": "6. No person, not being an approved dealer, shall at any one time hold in stock, purchase, sell, or agree to purchase or sell tea weighing three hundred pounds or more.", "name": "Restrictions on dealings in tea", "related_acts": "", "section_id": 6 }, { "act_id": 300, "details": "7. Any person having in his possession a quantity of tea exceeding that permitted by or under this Ordinance shall forthwith report the fact to the Controller-General 10or, as the case may be, the Chairman and shall take such action as to the storage, distribution and disposal of the excess quantity as the Controller-General 11or, as the case may be, the Chairman may direct.", "name": "Duty to declare possession of excess stocks", "related_acts": "", "section_id": 7 }, { "act_id": 300, "details": "8. The Controller-General 12or, as the case may be, the Chairman may, from time to time, by notification in the official Gazette, fix the maximum prices up to which any variety of tea may be sold by (a) a blender, (b) an importer, (c) a wholesaler, (d) a retailer, or (e) any other person or class of persons, and no person shall sell or resell tea at prices higher than the prices so fixed. Explanation.- It shall not be a contravention of this section to sell or resell tea at prices lower than the prices fixed under this section.", "name": "Fixation of prices", "related_acts": "", "section_id": 8 }, { "act_id": 300, "details": "9. The Controller-General 13or, as the case may be, the Chairman may, by notification in the official Gazette, fix in respect of any grade or variety of tea- (a)\tthe maximum quantity which may at any time be possessed by an approved dealer or class of approved dealers;  (b)\tthe maximum quantity which may in any one transaction be sold by an approved dealer or class of approved dealers to another approved dealer or class of approved dealers; and (c)\tthe maximum quantity which may at any one time be purchased by any approved dealer or class of approved dealers.", "name": "Fixation of quantities of tea to be held by approved dealers, etc.", "related_acts": "", "section_id": 9 }, { "act_id": 300, "details": "10. No approved dealer shall- (a)\thave in his possession at any one time stock of tea exceeding the maximum fixed by notification under clause (a) of section 9, or, (b)\tsell or offer for sale to any person in any one transaction tea exceeding the maximum fixed by notification under clause (b) of section 9.", "name": "Restrictions on possession and sale of tea where maximum is fixed under section 9", "related_acts": "", "section_id": 10 }, { "act_id": 300, "details": "11. The Controller-General 14or, as the case may be, the Chairman may by order in writing require any approved dealer to sell to such person or persons such quantity of tea as may be specified in the order, and may issue such incidental or supplementary instructions in writing to any approved dealer in regard to the sale thereof as he thinks fit.", "name": "Power to order sale", "related_acts": "", "section_id": 11 }, { "act_id": 300, "details": "12. Notwithstanding any agreement to the contrary, the Controller-General or any other officer empowered in this behalf by the Government may, by a general or special order in writing, prohibit the transport of tea from one place to another within Bangladesh by or on behalf of any dealer or other person, and direct such dealer or person to sell or deliver the whole or any part of the tea held by him to any person or persons specified in the order.", "name": "Restrictions on movements of tea", "related_acts": "", "section_id": 12 }, { "act_id": 300, "details": "13. (1) Every importer, shall, within fourteen days from the date of receiving intimation of despatch of any consignment of tea from any place outside Bangladesh, furnish to the Controller-General 15or, as the case may be, the Chairman by registered post, acknowledgement due, the following information in respect of the consignment, namely: - (a)\tgrade or variety and quantity of tea included in the consignment; (b)\texpected date and place of arrival of the consignment in Bangladesh; and (c)\thow the stocks of tea are proposed to be disposed of on arrival. (2) Every importer shall, within fourteen days of the clearance of the consignment from the customs, furnish to the Controller-General 16or, as the case may be, the Chairman the following information supported by original documents in respect of the consignment, namely:- (a)\tgrade or variety and quantity of tea included in the consignment; (b)\tlanded cost of the consignment showing C.I.F. value customs duty, sales tax, and other incidental charges, if any, separately.", "name": "Information to be furnished by importers", "related_acts": "", "section_id": 13 }, { "act_id": 300, "details": "14. No importer shall sell or otherwise dispose of any consignment of tea imported by him except in accordance with such written instructions as may be issued to him by the Controller-General 17or, as the case may be, the Chairman in this behalf.", "name": "Disposal of imports", "related_acts": "", "section_id": 14 }, { "act_id": 300, "details": "15. Any dealer may be required by the Controller-General 18or, as the case may be, the Chairman to declare the situation and descriptive particulars of any place other than his usual place of business where he keeps or stores tea, and after making such declaration he shall not keep or store tea elsewhere than at such place or his usual place of business.", "name": "Declaration of godowns, store-houses and ware-houses", "related_acts": "", "section_id": 15 }, { "act_id": 300, "details": "16. Every blender shall furnish to the Controller-General 19or, as the case may be, the Chairman so as to reach him by the fifteenth day of each calendar month the following information, namely:- (a)\tgrade or variety and actual or estimated quantity of tea blended during the preceding calendar month; (b)\tthe actual or estimated cost of blending such tea ; and (c)\tthe manner in which and the persons to whom the blender proposes to dispose of the same.", "name": "Information to be furnished by blenders", "related_acts": "", "section_id": 16 }, { "act_id": 300, "details": "17. (1) Every approved dealer shall keep such books, accounts and records relating to the business carried on by him as the Controller-General 20or, as the case may be, the Chairman may require from time to time. (2) Every dealer or other person holding stocks of tea and every person employed in connection with the business of such dealer or other person, on being required so to do either by notice served on him or by special or general direction issued by the Controller-General 21or, as the case may be, the Chairman, shall- (a) \tproduce before such person as may be specified in the notice or direction such accounts and other documents as may be specified in the notice or direction; (b) \tfurnish to the Controller-General 22or, as the case may be, the Chairman such estimates, returns and other information relating to the business as may be specified in the notice or direction ; and  (c)\tpermit any person or persons of a class or description mentioned in the notice or direction to enter upon, inspect and search with a view to securing compliance with this Ordinance or the rules or orders made thereunder any premises used for or in connection with the business, and seize all stocks of tea in respect of which such person or persons have reason to believe that a contravention of this Ordinance or the rules or orders made thereunder has been, is being, or is about to be, committed.", "name": "Maintenance of records, etc.", "related_acts": "", "section_id": 17 }, { "act_id": 300, "details": "18. (1) Every blender shall mark the retail sale price on each packet or other container of tea or on a label affixed to each packet or container. (2) Every dealer shall maintain and exhibit on his premises a price list of all kinds of tea exposed or intended for sale. (3) No dealer shall destroy, efface or alter or cause to be destroyed, effaced or altered the prices marked and exhibited under sub-sections (1) and (2).", "name": "Marking of prices and exhibition of price lists", "related_acts": "", "section_id": 18 }, { "act_id": 300, "details": "19. Every dealer when selling tea for cash shall, if the sale is for five taka or more in all cases, and if the sale is for less than five taka, when so requested by the purchaser, give the purchaser a cash memorandum containing particulars of the transaction: Provided that the provisions of this section shall apply only to those dealers who are liable to pay income-tax.", "name": "Cash memorandum to be given in certain cases", "related_acts": "", "section_id": 19 }, { "act_id": 300, "details": "20. No dealer shall without reasonable excuse refuse to sell to any person any quantity of tea not exceeding the maximum fixed by or under this Ordinance. Explanation.- The possibility or expectation of obtaining a higher price at a later date shall not be deemed to be a reasonable excuse within the meaning of this section, but it shall not be a contravention of this section to refuse to supply tea to a retailer or a consumer in excess of his normal quota or reasonable requirements determined in accordance with the established system of distribution, in case such system is equitable and is in keeping with established commercial and trade practice.", "name": "Refusal to sell", "related_acts": "", "section_id": 20 }, { "act_id": 300, "details": "21. (1) If any person contravenes any provision of this Ordinance or any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both, and any Court trying such contravention may direct that any stocks of tea in respect of which such contravention has been made shall be forfeited to Government. (2) The owner of any vessel, conveyance or animal carrying any tea in respect of which any provision of this Ordinance or any rule or order made thereunder has been contravened shall, if the carrying is part of the transaction involving the contravention and if he knew or had reason to believe that the contravention was being committed, be deemed to have contravened the provisions of this Ordinance, and in addition to the punishment to which he is liable under sub-section (1), the vessel, conveyance or animal shall also be liable to be forfeited to Government.", "name": "Offences and penalties", "related_acts": "", "section_id": 21 }, { "act_id": 300, "details": "22. Any person who attempts to contravene, or abets the contravention of any provision of this Ordinance or any rule or order made thereunder shall be deemed to have contravened the provisions of this Ordinance.", "name": "Attempts and abetments", "related_acts": "", "section_id": 22 }, { "act_id": 300, "details": "23. If the person contravening any provision of this Ordinance or any rule or order made thereunder is a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.", "name": "Offences by corporations", "related_acts": "", "section_id": 23 }, { "act_id": 300, "details": "24. Any person who,- (a) \twhen required by or under this Ordinance to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false, or does not believe to be true, or (b) \tmakes any statement as aforesaid in any book, account, record, declaration, return or other document which he is required by or under this Ordinance to maintain or furnish,  shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.", "name": "False statements", "related_acts": "", "section_id": 24 }, { "act_id": 300, "details": "25. No Court shall take cognizance of an offence punishable under this Ordinance except with the previous sanction in writing of the Government, or of an officer or other authority empowered for the purpose by the Government.", "name": "Cognizance of offences", "related_acts": "", "section_id": 25 }, { "act_id": 300, "details": "26. Any magistrate or bench of magistrates 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 the said Code any offence punishable under this Ordinance.", "name": "Power to try offences summarily", "related_acts": "75", "section_id": 26 }, { "act_id": 300, "details": "27. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any magistrate of the first class especially empowered by the 23Government in this behalf to pass a sentence of fine exceeding one thousand taka on any person convicted of an offence under this Ordinance.", "name": "Special provisions regarding fines", "related_acts": "75", "section_id": 27 }, { "act_id": 300, "details": "28. (1) No order made in exercise of any power conferred by or under this Ordinance shall be called in question in any Court. (2) Where any order purports to have been made and signed by an authority in exercise of any power conferred by or under this Ordinance, a Court shall, within the meaning of the Evidence Act, 1872 presume that such order was so made by that authority.", "name": "Presumption as to orders", "related_acts": "24", "section_id": 28 }, { "act_id": 300, "details": "29. (1) No suit or prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Ordinance or any rule or order made thereunder. (2) No suit or other legal proceeding shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any provision of this Ordinance or any rule or order made thereunder.", "name": "Protection of action taken in good faith", "related_acts": "", "section_id": 29 }, { "act_id": 300, "details": "2430. The Government may, by notified order, direct that all or any of its powers under this Ordinance or the rules made thereunder shall in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also by such officer or authority subordinate to the Government as may be specified in the direction.", "name": "Delegation of powers", "related_acts": "", "section_id": 30 }, { "act_id": 300, "details": "31. Nothing in this Ordinance shall apply to the possession or sale of any quantity of tea by a dealer or other person in the course of the fulfilment of a contract entered into with the 25Government.", "name": "31.\tOrdinance not to apply to Government transactions", "related_acts": "", "section_id": 31 }, { "act_id": 300, "details": "32. The Government may by notification in the official Gazette make rules for carrying out the purposes of this Ordinance.", "name": "Power to make rules", "related_acts": "", "section_id": 32 }, { "act_id": 300, "details": "33. The Government may, by order notified in the official Gazette, exempt any person or class of persons or any grade, variety or stock of tea from the operation of all or any of the provisions of this Ordinance to such extent and subject to such conditions, if any, as may be specified in the order.", "name": "Power to exempt", "related_acts": "", "section_id": 33 }, { "act_id": 300, "details": "34. The provisions of this Ordinance shall be in addition to and not in derogation of any other laws for the time being in force relating to the control of prices, distribution and movement of tea.", "name": "Ordinance in addition to other laws, etc.", "related_acts": "", "section_id": 34 } ], "text": "An Ordinance to provide for special measures for the control of prices, distribution and movement of tea.1♣ WHEREAS it is expedient to provide for special measures for the control of prices, distribution and movement of tea; NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-" }

{ "id": 301, "lower_text": [ "1 Throughout this Ordinance, the words “Bangladesh”, “Government” and “taka” were substituted for the words “Pakistan”, “Central Government” and “rupees” respectively by section 2 of the Civil Aviation Laws Amendment Ordinance, 1985 (Ordinance No. XXIII of 1985)", "2 The words “or the rules” were inserted by section 2 of the Civil Aviation Laws Amendment Ordinance, 1985 (Ordinance No. XXIII of 1985)", "3 Clauses (aa) and (aaa) were inserted by section 2 of the Civil Aviation (Amendment) Act, 1988 (Act No. XLIV of 1988)", "4 Clauses (b) and (c) were omitted by section 2 of the Civil Aviation Laws Amendment Ordinance, 1985 (Ordinance No. XXIII of 1985)", "5 Clause (ff) was inserted by section 3 of the Civil Aviation (Amendment) Act, 1988 (Act No. XLIV of 1988)", "6 The words “the Supreme Court” were substituted for the words “a High Court” by section 2 of the Civil Aviation Laws Amendment Ordinance, 1985 (Ordinance No. XXIII of 1985)", "7 The words, figures and comma “section 9 of the Acquisition and Requisition of Immovable Property Ordinance, 1982” were substituted for the words, brackets, figures and comma “sub-section (1) of section 23 of the Land Acquisition Act, 1894” by section 2 of the Civil Aviation Laws Amendment Ordinance, 1985 (Ordinance No. XXIII of 1985)", "8 The words “High Court Division” were substituted for the words “High Court” by section 2 of the Civil Aviation Laws Amendment Ordinance, 1985 (Ordinance No. XXIII of 1985)", "9 The words and comma “one year, or with fine which may extend to five thousand taka” were substituted for the words and comma “six months, or with fine which may extend to one thousand rupees” by section 2 of the Civil Aviation Laws Amendment Ordinance, 1985 (Ordinance No. XXIII of 1985)", "10 The words “one year or with fine not exceeding five thousand taka” were substituted for the words “three months or with fine not exceeding one thousand rupees” by section 2 of the Civil Aviation Laws Amendment Ordinance, 1985 (Ordinance No. XXIII of 1985)", "11 The words “three thousand taka” were substituted for the words “one thousand rupees” by section 2 of the Civil Aviation Laws Amendment Ordinance, 1985 (Ordinance No. XXIII of 1985)" ], "name": "The Civil Aviation Ordinance, 1960", "num_of_sections": 20, "published_date": "27th July, 1960", "related_act": [ 354, 619, 75, 301, 145, 89, 94 ], "repelled": true, "sections": [ { "act_id": 301, "details": "1. (1) This Ordinance may be called the Civil Aviation Ordinance, 1960. (2) It extends to the whole of Bangladesh, and applies to all citizens of Bangladesh and persons on any aircraft registered in Bangladesh, wherever such citizens or persons may be, and to all persons on any aircraft while in Bangladesh, but nothing in this Ordinance or the rules or in any order made thereunder- (a)\tshall apply to or in respect of any aircraft belonging to or exclusively employed in the naval, military or air force of Bangladesh, or persons employed in connection with any such aircraft, unless the Government, by notification in the official Gazette, applies to any such aircraft or person, with or without modification, any of the provisions of this Ordinance or the rules; or  (b)\tshall apply to or in respect of any lighthouse to which the Lighthouse Act, 1927, applies, or prejudice or affect any right or power exercisable by any authority under that Act.", "name": "Short title, extent and application", "related_acts": "301,145", "section_id": 1 }, { "act_id": 301, "details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“aerodrome” means any area of land or water designed, equipped, set apart or commonly used or intended to be used, either wholly or in part, for affording facilities for the landing and departure of aircraft, and includes all buildings, sheds, vessels, piers, and other structures thereon or appertaining thereto; (b) \t“aircraft” means any machine which can derive support in the atmosphere from reactions of the air, and includes balloons, whether captive or free, airships, kites, gliders and flying machines; (c) \t“airport” means an aerodrome at which facilities have, in the opinion of the Government, been sufficiently developed to be of importance to civil aviation; (d) \t“air transport service” means a service of aircraft for the purpose of effecting public transport of passengers, goods, mails and other things; (e) \t“commercial flying” means flying for carriage by air of any passenger, mail or goods for hire or reward and such other flying for the purposes of any trade or business as may be specified by the Government and “commercial flight” shall be construed accordingly; (f) \t“export” means taking out of Bangladesh; (g) \t“import” means bringing into Bangladesh; (h)\t“landing area” means the part of the movement area intended for the landing or take off run of aircraft; (i)\t“prescribed” means prescribed by rules; (j)\t“purposes of civil aviation” include all purposes connected with air navigation except purposes of defence by air; (k)\t“rules” means the rules made under this Ordinance.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 301, "details": "3. The Government may, by notification in the official Gazette, either exempt from all or any of the provisions of this Ordinance 2or the rules any aircraft or class of aircraft, and any person or class of persons, or may direct that all or any of such provisions shall apply to any aircraft or person subject to such modifications or conditions as may be specified in the notification.", "name": "Power to exempt, etc.", "related_acts": "", "section_id": 3 }, { "act_id": 301, "details": "4. Government may, by notification in the official Gazette, make such rules as appear to it to be necessary for carrying out the provisions of- (a)\tthe Convention on International Civil Aviation signed in Chicago on the seventh day of December, 1944, and any amendments of the Convention or annex thereto made in accordance with the provisions of Article 94 of the Convention; 3(aa) \tthe Convention on International Recognition of Rights in Aircraft signed in Geneva on the nineteenth day of June, 1948, and any amendment thereto; (aaa) \tthe Convention on Damage caused by Foreign Aircraft to Third Parties on the Surface signed in Rome on the seventh day of October, 1952, and any amendment thereto; 4* * * and (d)\tany other treaty, agreement or convention between Bangladesh and any other country or any decision taken at any international body relating to civil aviation.", "name": "Power to make rules to implement certain International Conventions", "related_acts": "", "section_id": 4 }, { "act_id": 301, "details": "5. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for one or more of the following matters, that is to say- (a) \tthe authorities by which any of the powers conferred by or under this Ordinance are to be exercised; (b) \tthe regulation of air transport services and commercial flying, and the prohibition of the use of aircraft in such services and in commercial flights except under the authority of, and in accordance with, a licence authorising the establishment of any such service or flight; (c) \tthe information to be furnished by an applicant for, or the holder of, a licence authorising the establishment of an air transport service to such authorities as may be prescribed; (d)\tthe licensing, inspection and regulation of aerodromes or airports, the conditions under which aerodromes or airports may be maintained, and the fees which may be charged for the use of, and for services provided at, such aerodromes or airports, and the prohibition or regulation of the use of unlicensed aerodromes or air ports, and the regulation of conduct of persons at aerodromes or airports or in the vicinity of aerodromes or airports; (e)\tthe inspection and control of the manufacture, repair and maintenance of aircraft and of places where air craft are manufactured, repaired or kept; (f) \tthe registration and marking of aircraft; 5(ff) the hire, charter, lease, hypothecation or mortgage of aircraft; (g)\tthe conditions under which aircraft may be flown, or may carry passengers, goods, mails and other things, or may be used for industrial purposes, and the certificates, licences or documents to be carried by aircraft; (h)\tthe inspection or supervision of aircraft for the purpose of enforcing the provisions of this Ordinance and the rules, and the facilities to be provided for such inspection or supervision;  (i)\tthe conditions subject to which persons may be engaged or employed in, or in connection with, air navigation; (j)\tthe licensing of persons employed in the operation, manufacture, repair or maintenance of aircraft and at aerodromes or airports; (k)\tthe conditions under which, and the aerodromes or airports to or from which, aircraft entering or leaving Bangladesh may fly, and the conditions under which aircraft may fly over Bangladesh or from one place in Bangladesh to another; (l)\tthe prohibition of flight by aircraft over any specified area, either absolutely or at specified times, or subject to specified conditions and exceptions; (m)\tthe supply, supervision and control of air-route beacons, aerodrome or airport lights, and lights at or in the neighbourhood of aerodromes or airports and on or in the neighbourhood of air-routes; (n)\tthe formulation and observance of uniform standards in respect of obstruction clearances for areas adjoining the landing area at aerodromes and airports; (o)\tthe installation and maintenance of lights on private property in the neighbourhood of aerodromes or airports and on or in the neighbourhood of air-routes, by the owners or occupiers of such property, payment by the Government for such installation and maintenance, and supervision and control of such installation and maintenance, including the right of access to the property for such purpose, and the removal of lights, radio and electrical equipment and smoke producing apparatus which may endanger the safety of aircraft in the vicinity of aerodromes or airports; (p)\tthe regulation and making of signals and communications by or to aircraft, and by or to persons carried therein; (q)\tthe measures to be taken for securing the requirements of obstruction clearance at aerodromes and airports, for the safety, efficiency and regularity of air navigation and the safety of aircraft, passengers, goods, mails and other things carried therein, and for preventing aircraft from endangering other persons and property; (r)\tthe prohibition or regulation of carriage in aircraft of any specified article or substance; (s)\tthe issue and maintenance of log-books; (t) \tthe manner in which and the conditions subject to which any licence or certificate may be issued under this Ordinance or the rules, the examination and tests to be undergone in connection therewith, and the form, custody, production, endorsement, cancellation, suspension or surrender of any such licence or certificate, or of any log-book; (u)\tthe fees to be charged in connection with any inspection, examination, test, certificate or licence, made, issued, or renewed under this Ordinance or the rules; (v) \tthe recognition, for the purposes of this Ordinance, of licences and certificates issued elsewhere than in Bangladesh relating to aircraft or to the qualifications of persons employed in the operation, manufacture, repair or maintenance of aircraft; (w) \tthe supply, for purposes of air navigation, of meteorological information by persons engaged or employed in connection with air navigation; (x) \tthe regulation of the use of the civil air ensign and any other ensign established by the Government in connection with air navigation; (y)\tany matter subsidiary or incidental to matters referred to in this sub-section.", "name": "Power to make rules generally", "related_acts": "", "section_id": 5 }, { "act_id": 301, "details": "6. (1) In the event of war or other emergency, or in the interests of public safety or tranquility, if the Government is of opinion that the issue of all or any of the following orders is expedient, it may, by notification in the official Gazette,- (a)\tcancel or suspend, either absolutely or subject to such conditions as it may think fit to specify in the order, all or any of the licences or certificates issued under this Ordinance or the rules; (b)\tprohibit, either absolutely or subject to such conditions as it may think fit to specify in the order, or regulate in such manner as may be specified in the order, the flight of all or any aircraft or class of aircraft over the whole or any part of Bangladesh;  (c)\tprohibit, either absolutely or conditionally, or regulate the construction, maintenance or use of any aerodrome or airport, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept, or any class or description thereof; and (d)\tdirect that any aircraft or class of aircraft or any aerodrome or airport, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept, together with any machinery, plant, material or things used for the operation, manufacture, repair or maintenance of aircraft shall be delivered forthwith or within a specified time, for being placed at the disposal of the Government, to such authority and in such manner as it may specify in the order. (2) Any person who suffers direct injury or loss by reason of any order made under clause (c) of sub-section (1) or by the delivery of any aircraft or class of aircraft in pursuance of clause (d) of that sub-section, shall be paid such compensation as may be determined by such authority as the Government may appoint in this behalf. (3) Any person interested in any such aerodrome or airport, aircraft factory, flying-school or club, or place where aircraft are manufactured, repaired or kept as is delivered in pursuance of clause (d) of sub-section (1) shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say,- (a) \twhere the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; (b)\twhere no such agreement can be reached, the Government shall appoint as arbitrator a person qualified for appointment as Judge of 6the Supreme Court;  (c)\tthe Government may, in any particular case, nominate a person having expert knowledge as to the nature of the property acquired, to assist the arbitrator, and where such nomination is made, the person to be compensated may also nominate an assessor for the said purpose; (d) \tat the commencement of the proceedings before the arbitrator, the Government and the person to be compensated shall state what in their respective opinions is a fair amount of compensation; (e) \tthe arbitrator in making his award shall have regard to- (i)\tthe provisions mutatis mutandis of 7section 9 of the Acquisition and Requisition of Immovable Property Ordinance, 1982; and (ii) \tthe permanent or temporary nature of the acquisition; (f)\tan appeal shall lie to the 8High Court Division against the award of an arbitrator except in cases where the amount thereof does not exceed the amount prescribed in this behalf; (g)\tsave as provided in this sub-section or the rules, nothing in any law for the time being in force shall apply to arbitrations under this sub-section. (4) The Government may authorise such steps to be taken to secure compliance with any order made under sub-section (1) as appear to it to be necessary. (5) Whoever knowingly disobeys, fails to comply with, or does any act in contravention of an order made under sub-section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand taka, or with both, and the court by which he is convicted may direct that the aircraft or thing, if any, in respect of which the offence has been committed, or any part of such thing, shall be forfeited to the Government.", "name": "Power to make orders in times of war or emergency", "related_acts": "619", "section_id": 6 }, { "act_id": 301, "details": "7. (1) The Government may, by notification in the official Gazette, make rules providing for the investigation of any accident arising out of or in the course of the navigation- (a)\tin or over Bangladesh, of any aircraft; or (b)\tanywhere, of aircraft registered in Bangladesh. (2) In particular and without prejudice to the generality of the foregoing power, such rules may- (a) \trequire notice to be given of any accident in such manner and by such person as may be prescribed; (b)\tapply for the purposes of such investigation, either with or without modification, the provisions of any law for the time being in force relating to the investigation of accidents; (c)\tprohibit, pending investigation, access to, or interference with, an aircraft to which an accident has occurred, and authorize any person, so far as may be necessary for the purposes of investigation, to have access to, examine, remove, take measures for the preservation of, or otherwise deal with, any such aircraft; and (d)\tauthorise or require the cancellation, suspension, endorsement or surrender of any licence or certificate granted or recognized under this Ordinance or the rules, if it appears on investigation that the licence ought to be so dealt with, and provide for the production of any such licence for such purpose.", "name": "Power to make rules for investigation of accidents", "related_acts": "", "section_id": 7 }, { "act_id": 301, "details": "8. (1) Any authority authorised in this behalf by the Government may detain any aircraft, if in the opinion of such authority- (a) \thaving regard to the nature of an intended flight, the flight of such aircraft would involve danger to persons in the aircraft or to any other person or property; or (b)\tsuch detention is necessary to secure compliance with any of the provisions of this Ordinance or the rules or to prevent a contravention of any rule made under clause (i), (j) or (k) of sub-section (2) of section 5. (2) The Government may, by notification in the official Gazette, make rules regulating all matters incidental or subsidiary to the exercise of the powers conferred by sub-section (1).", "name": "Power to detain aircraft", "related_acts": "", "section_id": 8 }, { "act_id": 301, "details": "9. The Government may, by notification in the official Gazette, make rules for the prevention of danger arising to public health by the introduction or spread of any infectious or contagious disease from aircraft arriving or being at any aerodrome or airport and for the prevention of the conveyance of infection or contagion by means of any aircraft leaving an aerodrome or airport, and in particular and without prejudice to the generality of this provision may make, with respect to aircraft and aerodromes or airports or any specified aerodrome or airport, rules providing for any of the matters for which rules under sub- clauses (i) to (viii) of clause (p) of sub-section (1) of section 6 of the Ports Act, 1908, may be made with respect to vessels and ports.", "name": "Power to make rules for protecting public health", "related_acts": "89", "section_id": 9 }, { "act_id": 301, "details": "10. (1) If the Government is satisfied that Bangladesh or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient for the prevention of danger arising to public health through the introduction or spread of the disease by the agency of aircraft, the Government may take such measures as it deems necessary to prevent such danger. (2) In any such case the Government, without prejudice to the powers conferred by section 9, may, by notification in the official Gazette, make such provisional rules with respect to aircraft and persons travelling or goods, mails and other things carried therein, and aerodromes or airports, as it deems necessary in the circumstances. (3) Notwithstanding anything contained in section 15, the power to make rules under sub-section (2) shall not be subject to the condition of previous publication, but such rules shall not remain in force for more than three months from the date of notification: Provided that the Government may, by special order, continue them in force for a further period or periods of not more than three months in all.", "name": "Emergency powers for protecting public health", "related_acts": "", "section_id": 10 }, { "act_id": 301, "details": "11. Where an aircraft is flown in such manner as may cause unnecessary danger to any person or property on land or water, the pilot or the person in charge of the aircraft, and, unless he proves to the satisfaction of the court that the aircraft was so flown without his actual fault or privity, the owner thereof, shall be punishable with imprisonment for a term which may extend to 9one year, or with fine which may extend to five thousand taka, or with both. Explanation.- In this section “owner” in relation to an aircraft includes any person by whom the aircraft is chartered at the time the offence is committed.", "name": "Penalty for flying so as to cause danger", "related_acts": "", "section_id": 11 }, { "act_id": 301, "details": "12. (1) The provisions of Part VII of the Merchant Shipping Act, 1923, relating to wreck and salvage shall apply to an aircraft in, on or over, the sea or in tidal waters, or on or over the shores of the sea or tidal waters as they apply to ships, and the Government may, by notification in the official Gazette, make such modifications of the said provisions in their application to aircraft as appear to it to be necessary or expedient. (2) Any services rendered in assisting or in saving life from, or in saving the cargo or apparel of an aircraft in, on or over, the sea or in tidal waters, or on or over the shores of the sea or any tidal water, shall be deemed to be salvage in cases in which they would have been salvaged had they been rendered in relation to a ship, and where services are rendered by an aircraft to any property or person, salvour shall be entitled to the same reward for those services as he would have been entitled to had the aircraft been a ship. (3) The provisions of sub-section (2) shall have effect not- withstanding that the aircraft concerned is a foreign aircraft and that the services in question are rendered elsewhere than within the limits of the territorial waters of Bangladesh.", "name": "Wreck and salvage", "related_acts": "", "section_id": 12 }, { "act_id": 301, "details": "13. The provisions of section 42 of the Patents And Designs Act, 1911, shall apply to the use of an invention on any aircraft not registered in Bangladesh in like manner as they apply to the use of an invention in a foreign vessel.", "name": "Use of patent", "related_acts": "94", "section_id": 13 }, { "act_id": 301, "details": "14. Power to apply customs procedure.- Repealed by the Fourth Schedule of the Customs Act, 1969 (Act No. IV of 1969).", "name": "Repealed", "related_acts": "354", "section_id": 14 }, { "act_id": 301, "details": "15. (1) Rules may provide that a breach of any of them shall be punishable with imprisonment for a term not exceeding 10one year or with fine not exceeding five thousand taka or with both. (2) Save as provided in sub-section (3) of section 10, any power to make rules conferred by this Ordinance is subject to the condition of previous publication, and a period of not less than three weeks shall have elapsed between such publication and the making of the rules. (3) Rules may provide that, notwithstanding anything contained in the Code of Criminal Procedure, 1898, or in any other law for the time being in force, any officer specified therein may try in a summary way in accordance with the provisions in sections 262 to 265 of the Code an offence of any breach of, or failure to comply with, any rule for the safety of aircraft, passengers, goods, mails or other things carried therein or for preventing aircraft from endangering other persons or property, or to compound any such offence for a sum not exceeding 11three thousand taka. (4) An officer trying an offence in accordance with the rules made under sub-section (3) shall, for the purpose of the trial, be deemed to be Magistrate of the first class under the Code of Criminal Procedure, 1898, and any sentence passed by such officer shall be deemed to be a sentence passed by such Magistrate.", "name": "Provisions relating to rules", "related_acts": "75,75", "section_id": 15 }, { "act_id": 301, "details": "16. Whoever abets the commission of any offence under this Ordinance or the rules, or attempts to commit such offence and in such attempt does any act towards the commission of the offence, shall be liable to the punishment provided for the offence.", "name": "Penalty for abetment of offences and attempted offences", "related_acts": "", "section_id": 16 }, { "act_id": 301, "details": "17. Where any person is convicted of an offence for breach of any rule made under clause (l) or clause (r) of sub-section (2) of section 5, the court by which he is convicted may direct that the aircraft or article or substance, as the case may be, in respect of which the offence has been committed, shall be forfeited to the Government.", "name": "Power of court to order forfeiture", "related_acts": "", "section_id": 17 }, { "act_id": 301, "details": "18. No suit shall be brought in any civil court in respect of trespass or in respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground which having regard to wind, whether and all the circumstances of the case is reasonable, or by reason only of the ordinary incidents of such flight.", "name": "Bar to certain suits", "related_acts": "", "section_id": 18 }, { "act_id": 301, "details": "19. No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Ordinance or the rules.", "name": "Protection of acts done in good faith", "related_acts": "", "section_id": 19 }, { "act_id": 301, "details": "20. Repeal.- Repealed by section 2 and 1st Schedule of the Repealing and Amending Ordinance, 1965 (Ordinance No. X of 1965).", "name": "Repealed", "related_acts": "", "section_id": 20 } ], "text": "An Ordinance to make better provision for the control of manufacture, possession, use, operation, sale, import and export of aircraft, the control and regulation of air transport services, and the control and development of aerodromes in Bangladesh.1♣ WHEREAS it is expedient to make better provision for the control of manufacture, possession, use, operation, sale, import and export of aircraft, the control and regulation of air transport services, and the control and development of aerodromes in Bangladesh; NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-" }