act
dict |
|---|
{
"id": 302,
"lower_text": [
"1 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)",
"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 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)",
"4 The words “or a Sub-Divisional Magistrate” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"6 The words “imprisonment for life” were substituted for the words “or transportation for life” 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)",
"8 Section 17 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 Probation of Offenders Ordinance, 1960",
"num_of_sections": 17,
"published_date": "1st November, 1960",
"related_act": [
388,
75,
430,
302,
146,
470
],
"repelled": false,
"sections": [
{
"act_id": 302,
"details": "1. (1) This Ordinance may be called the Probation of Offenders Ordinance, 1960. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date or dates as the Government may, by notification in the official Gazette, appoint, and different dates may be appointed for different areas.",
"name": "Short title, extent and commencement",
"related_acts": "302",
"section_id": 1
},
{
"act_id": 302,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context:- (a) \t“Code” means the Code of Criminal Procedure, 1898; (b)\t“Court” means a court empowered to exercise powers under this Ordinance; 1(c) “Director General” means the Director General of the Department of Social Services or any other officer appointed to carry on his functions; (d)\t“probation officer” means a person appointed as such under section 12; (e)\t“probation order” means an order made under section 5; (f)\t“Probation Department” means the department responsible for the administration of this Ordinance; (g) \tall other words and expressions used but not defined in this Ordinance and defined in the Code shall have the same meaning as assigned to them in the Code.",
"name": "Definitions",
"related_acts": "75",
"section_id": 2
},
{
"act_id": 302,
"details": "3. (1) The following courts shall be the courts empowered to exercise powers under this Ordinance, namely:- (a) 2the High Court Division; (b) \tA Court of Sessions; (c) \ta District Magistrate; 3* * * (e) \ta Magistrate of the 1st Class; and (f) \tany other magistrate especially empowered in this behalf. (2) A Court may exercise powers under this Ordinance, whether the case comes before it for original hearing or on appeal or in revision. (3) Where any offender is convicted by a Magistrate not empowered to exercise powers under this Ordinance, and such Magistrate is of opinion that the powers conferred by section 4 or section 5 should be exercised, he shall record his opinion to that effect and submit the proceedings to a Magistrate of the 1st Class 4* * * forwarding the offender to him, or taking bail for appearance before him, and such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken.",
"name": "Courts empowered under the Ordinance",
"related_acts": "",
"section_id": 3
},
{
"act_id": 302,
"details": "4. (1) Where a Court by which a person, not proved to have been previously convicted, is convicted of an offence punishable with imprisonment for not more than two years is of opinion, having regard to:- (a) \tthe age, character, antecedents or physical or mental condition of the offender, and (b)\tthe nature of the offence or any extenuating circumstances attending the commission of the offence, that it is inexpedient to inflict punishment and that a probation order is not appropriate, the court may, after recording its reasons in writing, make an order discharging him after its admonition, or, if the court thinks fit, it may likewise make an order discharging him subject to the condition that he enters into a bond, with or without sureties, for committing no offence and being of good behaviour during such period not exceeding one year from the date of the order as may be specified therein. (2) An order discharging a person subject to such condition as aforesaid is hereafter in this Ordinance referred to as “an order for conditional discharge”, and the period specified in any such order as “the period of conditional discharge”. (3) Before making an order for conditional discharge, the court shall explain to the offender in ordinary language that if he commits any offence or does not remain of good behaviour during the period of conditional discharge he will be liable to be sentenced for the original offence. (4) Where a person conditionally discharged under this section is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.",
"name": "Conditional discharges, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 302,
"details": "5. (1) Where a Court by which- (a)\tany male person is convicted of an offence not being an offence under Chapter VI or Chapter VII of the 5* * * Penal Code, or under sections 216A, 328, 382, 386, 387, 388, 389, 392, 393, 397, 398, 399, 401, 402, 455, or 458 of that Code, or an offence punishable with death or 6imprisonment for life, or (b) \tany female person is convicted of any offence other than an offence punishable with death, is of opinion that, having regard to the circumstances including the nature of the offence and the character of the offender, it is expedient to do so, the court may, for reasons to be recorded in writing, instead of sentencing the person at once, make a probation order, that is to say, an order requiring him or her to be under the supervision of a probation officer for such period, not being less than one year or more than three years, as may be specified in the order: Provided that the court shall not pass a probation order unless the offender enters into a bond, with or without sureties, to commit no offence and to keep the peace and be of good behaviour during the period of the bond and to appear and receive sentence if called upon to do so during that period: Provided further that the court shall not pass a probation order under this section unless it is satisfied that the offender or one of his sureties, if any, has a fixed place of abode or a regular occupation within the local limits of its jurisdiction and is likely to continue in such place of abode or such occupation, during the period of the bond. (2) While making a probation order, the court may also direct that the bond shall contain such conditions as in the opinion of the court may be necessary for securing supervision of the offender by the probation officer and also such additional conditions with respect to residence, environment, abstention from intoxicants and any other matter which the court may, having regard to the particular circumstances of the case, consider necessary for preventing a repetition of the same offence or a commission of other offences by the offender and for rehabilitating him as an honest, industrious and law-abiding citizen. (3) When an offender is sentenced for the offence in respect of which a probation order was made, that probation order shall cease to have effect.",
"name": "Power of court to make a probation order in certain cases",
"related_acts": "",
"section_id": 5
},
{
"act_id": 302,
"details": "6. (1) A court directing the discharge of an offender under section 4 or making a probation order under section 5 may order the offender to pay such compensation or damages for loss or injury caused to any person by the offence and such costs of the proceedings as the court thinks reasonable: Provided that the amount of compensation, damages and costs so awarded shall in no case exceed the amount of fine which the court might have imposed in respect of the offence. (2) At the time of awarding compensation or damages in any subsequent civil suit or proceeding relating to the same offence, the court hearing such suit or proceeding shall take into account any sum paid or recovered as compensation, damages or costs under sub-section (1). (3) The amount ordered to be paid under sub-section (1) may be recovered as fine in accordance with the provisions of section 386 and 387 of the Code.",
"name": "Order for payment of costs and compensation",
"related_acts": "",
"section_id": 6
},
{
"act_id": 302,
"details": "7. (1) If the court by which an offender is bound by a bond under section 5 has reason to believe that the offender has failed to observe any of the conditions of his bond, it may issue a warrant for his arrest or may, if it thinks fit, issue summons to the offender and his sureties, if any, requiring them to appear before it at such time as may be specified in the summons. (2) The court before which an offender is brought or appears under sub-section (1) may either remand him to judicial custody until the case is heard or admit him to bail, with or without sureties, to appear on the date of hearing. (3) If the court, after hearing the case, is satisfied that the offender has failed to observe any of the conditions of his bond, including any conditions which may have been imposed under sub-section (2) of section 5, it may forthwith- (a) \tsentence him for the original offence, or (b)\twithout prejudice to the continuance in force of the bond, impose upon him a fine not exceeding one thousand 7taka: Provided that the court imposing the fine shall take into account the amount of compensation, damages or costs ordered to be paid under section 6. (4) If a fine imposed under clause (b) of sub-section (3) is not paid within such period as the court may fix, the court may sentence the offender for the original offence.",
"name": "Failure to observe conditions of the bond",
"related_acts": "",
"section_id": 7
},
{
"act_id": 302,
"details": "8. Where an appeal or application for revision is made against conviction of an offence for which an order is made under section 4 or section 5 discharging the offender absolutely or conditionally or placing him on probation the appellate court or the court sitting in revision may pass such order as it could have passed under the Code, or may set aside or amend the order made under section 4 or section 5 and in lieu thereof pass sentence authorised by law: Provided that the appellate court or the court sitting in revision shall not impose a greater punishment than the punishment which might have been imposed by the court by which the offender was convicted.",
"name": "Powers of court in appeal and revision",
"related_acts": "",
"section_id": 8
},
{
"act_id": 302,
"details": "9. The provisions of sections 122, 406A, 514, 514A, 514B and 515 of the Code shall, so far as may be, apply in the case of sureties and bonds taken under this Ordinance.",
"name": "Provisions of the Code to apply to sureties and bond",
"related_acts": "",
"section_id": 9
},
{
"act_id": 302,
"details": "10. (1) The court by which a probation order is made under section 5 may at any time, on the application of the person under probation or of the probation officer or of its own motion, if it thinks it expedient to vary the bond taken under that section, summon the person under probation to appear before it, and, after giving him a reasonable opportunity of showing cause why the bond should not be varied, vary the bond by extending or reducing the duration thereof or by altering any other of its terms and conditions or by inserting additional conditions therein: Provided that in no case shall the duration of the bond be less than one year or more than three years from the date of the original order: Provided further that where the bond is with surety or sureties, no variation shall be made in the bond without the consent of the surety or sureties; and if the surety or sureties do not consent to the variation, the court shall require the person under probation to execute a fresh bond, with or without sureties. (2) Any such court as aforesaid may, on the application of any person under probation or of the probation officer or of its own motion, if satisfied that the conduct of the person under probation has been satisfactory as to render it unnecessary to keep him under supervision, discharge the probation order and the bond.",
"name": "Variation of conditions of probation",
"related_acts": "",
"section_id": 10
},
{
"act_id": 302,
"details": "11. (1) A conviction of an offence, for which an order is made under section 4 or section 5 for discharging the offender after the due admonition or conditionally or placing him on probation, shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender under the provisions of this Ordinance: Provided that where an offender, being not less than eighteen years of age at the time of his conviction of an offence for which an order discharging him conditionally or placing him on probation is made, is subsequently sentenced under this Ordinance for that offence, the provisions of this sub-section shall cease to apply to the conviction. (2) Without prejudice to the foregoing provisions of this section, the conviction of an offender who is discharged after due admonition or conditionally, or who is placed on probation, shall in any event be disregarded for the purposes of any law which imposes any disqualification or disability upon convicted persons, or authorises or requires the imposition of any such disqualification or disability. (3) The foregoing provisions of this section shall not affect- (a)\tany right of any such offender to appeal against his conviction, or to rely thereon in bar of any subsequent proceedings for the same offence; (b)\tthe revesting or restoration of any property in consequence of the conviction of any such offender.",
"name": "Effects of discharge and probation",
"related_acts": "",
"section_id": 11
},
{
"act_id": 302,
"details": "12. (1) A probation officer referred to in a probation order may be any person appointed to be probation officer by the Officer-in-charge. (2) A probation officer referred to in sub-section (1) shall be a person who shall possess such qualifications as may be prescribed by rules made in this behalf under this Ordinance. (3) A probation officer, in the exercise of his duties under any probation order, shall be subject to the control of the Officer- in-charge.",
"name": "Appointment of probation officers",
"related_acts": "",
"section_id": 12
},
{
"act_id": 302,
"details": "13. A probation officer shall, subject to the rules made under this Ordinance,- (a)\tvisit or receive visits from the offender at such reasonable intervals as may be specified in the probation order or, subject thereto, as the Officer-in-charge may think fit; (b)\tsee that the offender observes the conditions of the bond executed under section 5; (c)\treport to the Officer-in-charge as to the behaviour of the offender; (d)\tAdvise, assist and befriend the offender, and when necessary endeavour to find him suitable employment; and (e)\tperform any other duty which may be prescribed by the rules made under this Ordinance.",
"name": "Duties of a probation officer",
"related_acts": "",
"section_id": 13
},
{
"act_id": 302,
"details": "14. (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 provision, the Government, may make rules- (a)\tregulating the appointment, resignation and removal of probation officers and prescribing the qualification of such officers; (b) \tprescribing and regulating the duties of probation officers; and (c) \tregulating the remuneration payable to probation officers.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 14
},
{
"act_id": 302,
"details": "15. Delegation of powers to Government.- Omitted by Article 2 and Schedule of the Adaptation of Central Laws Order, 1964 (President's Order No. 1 of 1964).",
"name": "Omitted.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 302,
"details": "16. Sections 380, 562, 563 and 564 of the Code are hereby repealed.",
"name": "Repealed",
"related_acts": "",
"section_id": 16
},
{
"act_id": 302,
"details": "817. The provisions of this Ordinance shall be in addition to and not in derogation of the Children Act, 1974 (Act No. XXXIX of 1974) and the Borstal Schools Act, 1928 (Ben. Act I of 1928).",
"name": "Provisions of this Ordinance to be in addition to and not in derogation of certain laws",
"related_acts": "470,146",
"section_id": 17
}
],
"text": "An Ordinance to provide for the release on probation of offenders in certain cases.♣ WHEREAS it is expedient to provide for the release on probation of offenders in certain cases and for matters incidental thereto; 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": 303,
"lower_text": [
"1 Throughout this Ordinance, the word “Government” was substituted for the words “appropriate Government” by section 2 of the Public Investments (Financial Safeguards) (Amendment) Ordinance, 1976 (Ordinance No. LVIII of 1976)",
"2 The words “Bangladesh law” were substituted for the words “Central or Provincial law” by section 4 of the Public Investments (Financial Safeguards) (Amendment) Ordinance, 1976 (Ordinance No. LVIII of 1976)",
"3 The words, comma, figures and brackets “Companies Act, 1994 (Act 18 of 1994)” were substituted for the words, comma, brackets and figure “Companies Act, 1913 (VII of 1913)” by section 3 of the Bangladesh Laws (Revision and Declaration) (Third Amendment) Act, 2001 (Act No. XLVIII of 2001)",
"4 The words “Taka fifty thousand” were substituted for the words “ten thousand rupees” by section 5 of the Public Investments (Financial Safeguards) (Amendment) Ordinance, 1976 (Ordinance No. LVIII of 1976)"
],
"name": "The Public Investments (Financial Safeguards) Ordinance, 1960",
"num_of_sections": 10,
"published_date": "2nd November, 1960",
"related_act": [
303
],
"repelled": false,
"sections": [
{
"act_id": 303,
"details": "1. (1) This Ordinance may be called the Public Investments (Financial Safeguards) Ordinance, 1960. (2) It shall come into force at once.",
"name": "Short title and commencement",
"related_acts": "303",
"section_id": 1
},
{
"act_id": 303,
"details": "2. Definition.- Omitted by section 3 of the Public Investments (Financial Safeguards) (Amendment) Ordinance, 1976 (Ordinance No. LVIII of 1976).",
"name": "Omitted.",
"related_acts": "",
"section_id": 2
},
{
"act_id": 303,
"details": "3. (1) Where any corporation, institution or undertaking, whether incorporated in pursuance of a 2Bangladesh law or not so incorporated, has been established by Government with the aid of public revenues, the Government shall, notwithstanding anything in any law, or in any instrument, deed or other document relating to such corporation, institution or undertaking, have power- (a)\tto prescribe financial procedures, including procedures for internal financial control, in respect of matters relating to the receipt and expenditure of moneys and sanctions thereto; (b) \tto give general or special financial directions to such corporations, institutions and undertakings; and (c)\tto depute such of its officer or officers to scrutinise their financial procedures and transactions as it may think necessary. (2) Where any procedure is prescribed under clause (a) of sub-section (1), or any financial direction is given, or officer deputed, under clause (b) or clause (c) thereof, it shall be the duty of the Corporation, institution or undertaking concerned to comply with the procedure or direction, or, as the case may be, to receive the officer and afford him every convenient means of fulfilling the purpose of his deputation.",
"name": "Power to Government to prescribe procedures, etc., in certain cases",
"related_acts": "",
"section_id": 3
},
{
"act_id": 303,
"details": "4. Where any corporation has been established otherwise than by Government, but Government, or any such corporation, institution or undertaking as is referred to in section 3, has provided a portion of the capital or funds thereof, and is thereby entitled to appoint one or more Directors, the Government may, notwithstanding anything in the 3Companies Act, 1994 (Act 18 of 1994), or in any other law, or in any instrument, deed or other document relating thereto, give the director or directors so appointed such general or special financial directions as it may think necessary, and it shall be the duty of every such director to comply with the directions so given.",
"name": "Power to Government to give directions in certain other cases",
"related_acts": "",
"section_id": 4
},
{
"act_id": 303,
"details": "5. The Government may, in order to ensure proper compliance with the provisions of this Ordinance, call for any information, including any book, account, record or other document, from any such corporation, institution or undertaking as is referred to in section 3, or from any such director as is referred to in section 4.",
"name": "Power to call for documents, etc.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 303,
"details": "6. Whoever fails to discharge any duty imposed by or under this Ordinance, or to comply with any direction given or any rule or order made or issued thereunder, shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to 4Taka fifty thousand , or with both.",
"name": "Penalties",
"related_acts": "",
"section_id": 6
},
{
"act_id": 303,
"details": "7. If an offence punishable under this Ordinance is committed by a Corporation, institution or undertaking, every director, manager, secretary, agent or other officer or person concerned with the management thereof, shall, unless he proves that the offence was committed without his knowledge or consent, or that he exercised due diligence to prevent its commission, be deemed to be guilty of such offence.",
"name": "Offences by Corporations, etc.",
"related_acts": "",
"section_id": 7
},
{
"act_id": 303,
"details": "8. Any person who, (a)\twhen required under this Ordinance to furnish any information, 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)\tknowingly makes any false statement in any book, account, record or other document which he is required under this Ordinance to furnish, shall be punishable with the same punishment as is provided in section 6.",
"name": "False information, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 303,
"details": "9. No Court inferior to that of a Magistrate of the First Class shall take cognizance of any offence punishable under this Ordinance, and cognizance shall not be so taken save on a complaint made in writing by or under the authority of the Government.",
"name": "Cognizance of offence",
"related_acts": "",
"section_id": 9
},
{
"act_id": 303,
"details": "10. 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": 10
}
],
"text": "An Ordinance to provide for financial safeguards in respect of certain investments made out of public revenues.1♣ WHEREAS it is expedient to provide for financial safeguards in respect of certain investments made out of public revenues; 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": 304,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh” and “taka” were substituted for the words “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)."
],
"name": "The Eye Surgery (Restriction) Ordinance, 1960",
"num_of_sections": 6,
"published_date": "31st December, 1960",
"related_act": [
304,
75,
430
],
"repelled": false,
"sections": [
{
"act_id": 304,
"details": "1. (1) This Ordinance may be called the Eye Surgery (Restriction) 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": "304",
"section_id": 1
},
{
"act_id": 304,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context- (1)\t“complete blindness” means absence of sight through total loss of perception of light in both eyes; (2)\t“eye surgery” means any surgical operation performed on or in relation to the eye by means of any instrument of whatever kind; (3)\t“partial blindness” means total loss of perception of light in one eye or sub-total loss of perception of light in both eyes resulting in restriction of visual field and acuity; and (4)\t“registered medical practitioner” means a person who is, for the time being, registered under any law relating to the registration of medical practitioners in Bangladesh.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 304,
"details": "3. (1) Any person, not being a registered medical practitioner, who performs eye surgery upon another, whether with or without the latter's consent, shall be punishable with imprisonment for a term which may extend to one year, and with fine which may extend to one thousand taka. (2) The term of imprisonment under sub-section (1) may extend- (a)\tto three years, if the offence results in partial blindness, and (b)\tto seven years , if the offence results in complete blindness.",
"name": "Punishment for performing eye surgery in certain cases",
"related_acts": "",
"section_id": 3
},
{
"act_id": 304,
"details": "4. Any person not being a registered medical practitioner who practises, or holds himself out, whether directly or by implication, as practising, or as being prepared to practise, eye surgery shall be punishable with imprisonment for a term which may extend to six months, and with fine which may extend to five hundred taka.",
"name": "Punishment for unlawful practice or holding out",
"related_acts": "",
"section_id": 4
},
{
"act_id": 304,
"details": "5. An offence punishable under sub-section (1) of section 3 or under section 4 shall be a cognizable offence for the purposes of the Code of Criminal Procedure, 1898, notwithstanding anything to the contrary contained therein.",
"name": "Offences to be cognizable",
"related_acts": "75",
"section_id": 5
},
{
"act_id": 304,
"details": "6. No court inferior to that of a Magistrate of the first class shall try any offence punishable under this Ordinance.",
"name": "Trial of offences",
"related_acts": "",
"section_id": 6
}
],
"text": "An Ordinance to prevent surgery on the eye by persons other than registered medical practitioners.1♣ WHEREAS it is expedient to prevent surgery on the eye by persons other than registered medical practitioners; NOW, THEREFORE, in pursuance of the Proclamation of the seventh day of October 1958, and in exercise of the powers conferred by Article 2 of the State Arrangements Order, 1959, and of all other powers enabling him in that behalf, the Minister exercising the functions of President under the said Article makes and promulgates the following Ordinance:-"
} |
{
"id": 305,
"lower_text": [
"1 The word “Bangladesh” was substituted for the word “Pakistan” by section 2 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)",
"2 The word “Bangladesh” was substituted for the word “Pakistan” by section 2 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)",
"3 The word “Government” was substituted for the words “Central Government” by section 2 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)",
"4 Section 2 was substituted by section 2 of the Muslim Family Law (Amendment) Ordinance, 1985 (Ordinance No. XIV of 1985)",
"5 The comma and words “, and the registration of Muslim marriages shall take place only in accordance with those provisions” were omitted by section 15 of the Muslim Marriages and Divorces (Registration) Act, 1974 (Act No. LII of 1974)",
"6 The words, comma, figures and brackets “under the Muslim Marriages and Divorces (Registration) Act, 1974 (LII of 1974)” were substituted for the words “under this Ordinance” by section 15 of the Muslim Marriages and Divorces (Registration) Act, 1974 (Act No. LII of 1974)",
"7 The commas and words “, in the case of West Pakistan, to the Collector and, in the case of East Pakistan,” were omitted by section 4 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)",
"8 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)",
"9 The words “ten thousand taka” were substituted for the words “five thousand rupees” by section 4 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)",
"10 The words “ten thousand taka” were substituted for the words “five thousand rupees” by section 5 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)",
"11 The commas and words “, in the case of West Pakistan, to the Collector and, in the case of East Pakistan,” were omitted by section 6 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)",
"12 The words “Assistant Judge” were substituted for the word “Munsif” by section 2 of the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987)",
"13 Sub-section (1) was substituted by section 7 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)",
"14 The words “the Government” were substituted for the words “the such Government” by section 7 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)",
"15 The words “five hundred taka” were substituted for the words “two hundred rupees” by section 7 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)",
"16 Section 11A was inserted by section 2 of the Muslim Family Laws (Amendment) Ordinance, 1986 (Ordinance No. XXIV of 1986)",
"17 The words “new clauses” were substituted for the words, brackets and letter “new clauses (e)” by section 8 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)",
"18 Clauses (e), (f) and (g) were substituted for former clauses (e) and (f) by section 5 of the Muslim Family Law (Amendment) Ordinance, 1985 (Ordinance No. XIV of 1985)",
"19 The words “Union Parishad or Paurashava” were substituted for the words “Union Council” by section 8 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)",
"20 The words “or Municipal Corporation” were inserted by section 5 of the Muslim Family Law (Amendment) Ordinance, 1985 (Ordinance No. XIV of 1985)",
"21 The words “Union Parishad or Paurashava” were substituted for the words “Union Council” by section 8 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)",
"22 The words “or Municipal Corporation” were inserted by section 5 of the Muslim Family Law (Amendment) Ordinance, 1985 (Ordinance No. XIV of 1985)",
"23 The word “Government” was substituted for the words “Provincial Government” by section 8 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982)"
],
"name": "The Muslim Family Laws Ordinance, 1961",
"num_of_sections": 14,
"published_date": "2nd March ,1961",
"related_act": [
549,
652,
305,
180,
149,
86,
476
],
"repelled": false,
"sections": [
{
"act_id": 305,
"details": "1. (1) This Ordinance may be called the Muslim Family Laws Ordinance, 1961. (2) It extends to the whole of 1Bangladesh, and applies to all Muslim citizens of 2Bangladesh, wherever they may be. (3) It shall come into force on such date as the 3Government may, by notification in the official Gazette, appoint in this behalf.",
"name": "Short title, extent, application and commencement",
"related_acts": "305",
"section_id": 1
},
{
"act_id": 305,
"details": "42. In this ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Arbitration Council” means a body consisting of the Chairman and a representative of each of the parties to a matter dealt with in this Ordinance: Provided that where any party fails to nominate a representative within the prescribed time, the body formed without such representative shall be the Arbitration Council; (b)\t“Chairman” means- (i) \tthe Chairman of the Union Parishad; (ii) \tthe Chairman of the Paurashava; (iii)\tthe Mayor or Administrator of the Municipal Corporation; (iv)\tthe person appointed by the Government in the Cantonment areas to discharge the functions of Chairman under this Ordnance; (v)\twhere the union Parishad, Paurashava or Municipal Corporation is superseded, the person discharging the functions of such Parishad, Paurashava or Corporation or as the case may be, appointed by the Government to discharge the functions of Chairman under this Ordinance: Provided the where the Chairman of the Union Parishad or Paurashava or the Mayor of the Municipal Corporation is a non-Muslim, or he himself wishes to make an application to the Arbitration Council, or is, owing to illness or an other reason, unable to discharge the functions of Chairman the Union Parishad, Paurashava or Municipal Corporation shall elect one of its Muslim members or Commissioner as Chairman for the purposes of this ordinance; (c)\t“Municipal Corporation” means the Municipal Corporation constituted under the Chittagong Municipal Corporation Ordinance, 1982 (XXXV of 1982), or the Dhaka Municipal Corporation Ordinance, 1983 (XL of 1983), or the Khulna Municipal Ordinance, 1984 (LXXII of 1984), and having in the matter jurisdiction as prescribed; (d)\t“Paurashava” means the Paurashava constituted under the Paurashava Ordinance, 1977 (XXVI of 1977), and having the matter jurisdiction as prescribed; (e)\t“Prescribed” means prescribed by rules made under section11; (f)\t“Union Parishad” means the Union Parishad constituted under the Local Government (Union Parishads) Ordinace, 1983 (LI of 1983), and having in the matter jurisdiction as prescribed.",
"name": "Definitions",
"related_acts": "549",
"section_id": 2
},
{
"act_id": 305,
"details": "3. (1) The provisions of this Ordinance shall have effect notwithstanding any law, custom or usage 5* * *. (2) For the removal of doubt, it is hereby declared that the provisions of the Arbitration Act, 1940, the Code of Civil Procedure, 1908 and any other law regulating the procedure of Courts shall not apply to any Arbitration Council.",
"name": "Ordinance to override other Laws, etc.",
"related_acts": "86",
"section_id": 3
},
{
"act_id": 305,
"details": "4. In the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stirpes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive.",
"name": "Succession",
"related_acts": "",
"section_id": 4
},
{
"act_id": 305,
"details": "5. Registration of marriages.- Omitted by section 15 of the Muslim Marriages and Divorces (Registration) Act, 1974 (Act No. LII of 1974).",
"name": "Registration of marriages",
"related_acts": "476",
"section_id": 5
},
{
"act_id": 305,
"details": "6. (1) No man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered 6under the Muslim Marriages and Divorces (Registration) Act, 1974 (LII of 1974). (2) An application for permission under sub-section (1) shall be submitted to the Chairman in the prescribed manner, together with the prescribed fee, and shall state the reasons for the proposed marriage, and whether the consent of the existing wife or wives has been obtained thereto. (3) On receipt of the application under sub-section (2), the Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such conditions, if any, as may be deemed fit, the permission applied for. (4) In deciding the application the Arbitration Council shall record its reasons for the decision, and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision 7* * * to the 8Assistant Judge concerned and his decision shall be final and shall not be called in question in any Court. (5) Any man who contracts another marriage without the permission of the Arbitration Council shall- (a)\tpay immediately the entire amount of the dower, whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and (b)\ton conviction upon complaint be punishable with simple imprisonment which may extend to one year, or with fine which may extend to 9ten thousand taka, or with both.",
"name": "Polygamy",
"related_acts": "476",
"section_id": 6
},
{
"act_id": 305,
"details": "7. (1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for term which may extend to one year or with fine which may extend to 10ten thousand taka or with both. (3) Save as provided in sub-section (5), a talaq unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman. (4) Within thirty days of the receipt of notice under sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation. (5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in sub-section (3) or the pregnancy, whichever be later, ends. (6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under this section from re-marrying the same husband, without an intervening marriage with a third-person, unless such termination is for the third time so effective.",
"name": "Talaq",
"related_acts": "",
"section_id": 7
},
{
"act_id": 305,
"details": "8. Where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolve the marriage otherwise than by talaq, the provisions of section 7 shall, mutatis mutandis and so far as applicable, apply.",
"name": "Dissolution of marriage otherwise than by talaq",
"related_acts": "",
"section_id": 8
},
{
"act_id": 305,
"details": "9. (1) If any husband fails to maintain his wife adequately, or where there are more wives than one, fails to maintain them equitably, the wife, or all or any of the wives, may in addition to seeking, any other legal remedy available apply to the Chairman who shall constitute an Arbitration Council to determine the matter, and the Arbitration Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband. (2) A husband or wife may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision of the certificate 11* * * to the 12Assistant Judge concerned and his decision shall be final and shall not be called in question in any Court. (3) Any amount payable under sub-section (1) or (2), if not paid in due time, shall be recoverable as arrears of land revenue.",
"name": "Maintenance",
"related_acts": "",
"section_id": 9
},
{
"act_id": 305,
"details": "10. Where no details about the mode of payment of dower are specified in the nikah nama, or the marriage contract, the entire amount of the dower shall be prescribed to be payable on demand.",
"name": "Dower",
"related_acts": "",
"section_id": 10
},
{
"act_id": 305,
"details": "11. 13(1) The Government may make rules to carry into effect the purposes of this Ordinance. (2) In making rules under this section, 14the Government may provide that a breach of any of the rules shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to 15five hundred taka, or with both. (3) Rules made under this section shall be published in the official Gazette, and shall thereupon have effect as if enacted in this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 11
},
{
"act_id": 305,
"details": "1611A. Notwithstanding anything contained in any other law for the time being in force, an offence under this Ordinance shall be tried by a Court within the local limits of whose jurisdiction- (a) \tthe offence was committed; or (b) \tthe complainant or the accused resides or last resided.",
"name": "Place of trial",
"related_acts": "",
"section_id": 12
},
{
"act_id": 305,
"details": "12. In the Child Marriage Restraint Act, 1929,- (1) \tin section 2,- (a) \tin clause (a), for the word “fourteen” the word “sixteen” shall be substituted; (b) \tin clause (c), the word “and” shall be omitted; and (c) \tin clause (d), for the full stop at the end a comma shall be substituted, and thereafter the following 17new clauses shall be added , namely:- 18“(e)\t“Municipal Corporation” means the Municipal Corporation constituted under the Chittagong Municipal Corporation Ordinance, 1982 (XXXV of 1982), or the Dhaka Municipal Corporation Ordinance, 1983 (XL of 1983), or the Khulna Municipal Corporation Ordinance, 1984 (LXXII of 1984), within whose jurisdiction a child marriage is or is about to be solemnised; (f)\t“Paurashava” means the Paurashava constituted under the Paurashava Ordinance, 1977 (XXVI of 1977), within whose jurisdiction a child marriage is or is about to be solemnised; (g)\t“Union Parishad” means Union Parishad constituted under the Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), within whose jurisdiction a child marriage is or is about to be solemnised”. (2)\tsection 3 shall be omitted; (3)\tin section 4, for the words “twenty-one” the word “eighteen” shall be substituted ; (4)\tin section 9, after the words “under this Act”, the words “except on a complaint made by the 19Union Parishad or Paurashava 20or Municipal Corporation, or if there is no 21Union Parishad or Paurashava 22or Municipal Corporation in the area, by such authority as the 23Government may in this behalf prescribe, and such cognizance shall in no case be taken” shall be inserted; and (5) section 11 shall be omitted.",
"name": "Amendment of Child Marriage Restraint Act, 1929 (XIX of 1929)",
"related_acts": "149,549,652",
"section_id": 13
},
{
"act_id": 305,
"details": "13. In the Dissolution of Muslim Marriages Act, 1939, in section 2,- (a)\tafter clause (ii), the following new clause (iia) shall be inserted, namely:- “(iia) that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;”; and (b)\tin clause (vii), for the word “fifteen” the word “sixteen” shall be substituted.",
"name": "Amendment of the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939)",
"related_acts": "180,305",
"section_id": 14
}
],
"text": "An Ordinance to give effect to certain recommendations of the Commission on Marriage and Family Laws. WHEREAS it is expedient to give effect to certain recommendations of the Commission on Marriage and Family Laws; 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": 306,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “the Central Government”, respectively by Article 5 and Article 8 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)"
],
"name": "The Chartered Accountants Ordinance, 1961",
"num_of_sections": 31,
"published_date": "10th March, 1961",
"related_act": [
306,
388
],
"repelled": false,
"sections": [
{
"act_id": 306,
"details": "1. (1) This Ordinance may be called the Chartered Accountants Ordinance, 1961. (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": "306",
"section_id": 1
},
{
"act_id": 306,
"details": "2. (1) In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“associate” means an associate member of the Institute; (b) \t“chartered accountant” means a person who is a member of the Institute; (c) \t“Council” means the Council of the Institute; (d) \t“Institute” means the Institute of Chartered Accountants of Bangladesh constituted under this Ordinance; (e)\t“prescribed” means prescribed by the bye-laws of the Institute; (f) \t“Register” means the Register of the Members of the Institute maintained under this Ordinance; (g)\t“registered accountant” means any person who has been enrolled on the Register of Accountants maintained by the Government under the Auditors' Certificates Rules, 1950; (h)\t“year” means the period commencing on the first day of July of any year and ending on the thirtieth day of June of the succeeding year. (2) A member of the Institute shall be deemed “to be in practice”, when individually or in partnership with chartered accountants in practice, he, in consideration of remuneration received or to be received,- (i)\tengages himself in the practice of accountancy, or (ii) \toffers to perform or performs services involving the auditing, or verification of financial transactions, books, accounts, or records or the preparation, verification or certification of financial accounting and related statements or holds himself out to the public as an accountant; or (iii) \trenders professional services or assistance in or about matters of principle or detail relating to accounting procedure or the recording, presentation or certification of financial facts or data; or (iv)\trenders such other services as, in the opinion of the Council, are or may be rendered by a chartered accountant in practice; and the words “to be in practice” with their grammatical variations and cognate expressions shall be construed accordingly. Explanation.- An associate or a fellow of the Institute who is a salaried employee of a chartered accountant in practice or a firm of such chartered accountants shall, notwithstanding such employment, be deemed to be in practice for the limited purpose of the training of articled clerks.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 306,
"details": "3. (1) All persons whose names are entered in the Register at the commencement of this Ordinance and all persons who may hereafter have their names entered in the Register under the provisions of this Ordinance, so long as they continue to have their names borne on the said Register, are hereby constituted a body corporate by the name of the Institute of Chartered Accountants of Bangladesh, and all such persons shall be known as members of the Institute. (2) The Institute shall have perpetual succession and a common seal and shall have power to acquire, hold and dispose of property, both movable and immovable, and shall by its name sue and be sued.",
"name": "Incorporation of the Institute",
"related_acts": "",
"section_id": 3
},
{
"act_id": 306,
"details": "4. (1) Any of the following persons shall be entitled to have his name entered in the Register, namely,- (i)\tany person who is a registered accountant at the commencement of this Ordinance; (ii) any person who has passed such examination and completed such training as may be prescribed; (iii)\tany person who has passed such other examination and completed such other training outside Bangladesh as is recognised by the Government or the Council with the approval of the Government as being equivalent to the examination and training prescribed for members of the Institute: Provided that in the case of any person who is not permanently residing in Bangladesh, the Government or the Council, with the approval of the Government, as the case may be, may impose such further conditions as it may deem fit; (iv)\tany person domiciled in Bangladesh, who at the commencement of this Ordinance is studying for any foreign examination and is at the same time undergoing training, whether within or without Bangladesh, or, who, having passed such foreign examination, is at the commencement of this Ordinance undergoing training whether within or without Bangladesh: Provided that any such examination or training was recognised before the commencement of this Ordinance for the purpose of conferring the right to be registered as an accountant under the Auditors' Certificates Rules, 1950, and provided further that such person passes the examination or completes the training. (2) The name of every person belonging to the class mentioned in clause (i) of sub-section (1) shall be entered in the Register without the payment of any entrance fee or any application being made in that behalf and shall, for the purpose of sub-section (1) of section 3, be deemed to have been so entered at the commencement of this Ordinance. (3) Every person belonging to any of the classes mentioned in clauses (ii), (iii) and (iv) of sub-section (1) shall have his name entered in the Register on application being made and granted in the prescribed manner and on payment of the prescribed fee, which shall not exceed rupees five hundred in any case. (4) The Government shall take such steps as may be necessary for the purpose of having the names of all persons belonging to the class mentioned in clause (i) of sub-section (1) entered in the Register.",
"name": "Entry of names in Register",
"related_acts": "",
"section_id": 4
},
{
"act_id": 306,
"details": "5. (1) The members of the Institute shall be of two classes designated respectively as associates and fellows. (2) Every person shall, on his name being entered in the Register, become an associate member of the Institute and be entitled to use the letters A.C.A. after his name to indicate that he is an associate member of the Institute of Chartered Accountants. (3) A member, being an associate who has been in continuous practice in Bangladesh for at least five years, whether before or after the commencement of this Ordinance, or whether partly before and partly after the commencement of this Ordinance, and a member who has been a registered accountant or an associate for a continuous period of not less than ten years whether before or after the commencement of this Ordinance or whether partly before or partly after the commencement of this Ordinance shall, on payment of the prescribed entrance fee, which shall not exceed rupees five hundred in any case, and on an application made and granted in the prescribed manner, have his name entered in the Register as a fellow of the Institute and shall be entitled to use the letters F.C.A. after his name to indicate that he is a fellow of the Institute of Chartered Accountants. Explanation.- For the purpose of this sub-section two years as a non-practising registered accountant or as a non-practising associate shall be counted as one year of practice of such registered accountant or associate.",
"name": "Associates and Fellows",
"related_acts": "",
"section_id": 5
},
{
"act_id": 306,
"details": "6. (1) No member of the Institute shall be entitled to practise as an auditor of a public company as defined in the Companies Act, 1913, unless he has obtained from the Council a certificate of practice: Provided that nothing contained in this sub-section shall apply to any person who, immediately before the commencement of this Ordinance, has been in practice as a registered accountant until one month has elapsed from the date of the first meeting of the Council. (2) Every such member shall pay such annual fee for his certificate as may be prescribed, and such fee shall be due on the first day of July in each year.",
"name": "Certificate of practice",
"related_acts": "",
"section_id": 6
},
{
"act_id": 306,
"details": "7. Every member of the Institute in practice shall, and any other member may, use the designation of a Chartered Accountant and no member using such designation shall use any other designation, whether in addition thereto or in substitution therefore: Provided that nothing contained in this section shall be deemed to prohibit any such person from adding any other description or designatory letters to his name, if entitled thereto, to indicate membership of such other institute of accountancy, whether in Bangladesh or elsewhere as may be recognised in this behalf by the Council, or any other qualification that he may possess, or to prohibit a firm, all the partners of which are members of the Institute and in practice, from being known by its firm name as Chartered Accountants.",
"name": "Members to be known as Chartered Accountants",
"related_acts": "",
"section_id": 7
},
{
"act_id": 306,
"details": "8. Notwithstanding anything contained in section 4, a person shall not be entitled to have his name entered in or borne on the Register if he- (i) \thas not attained the age of twenty-one years at the time of his application for the entry of his name in the Register; or (ii) \tis of unsound mind and stands so adjudged by a competent Court; or (iii) \tis an undischarged insolvent; or (iv) \thaving been discharged of insolvency, has not obtained from the Court a certificate stating that his insolvency was caused by misfortune without any misconduct on his part; or (v) \thas been convicted by a competent Court, whether within or without Bangladesh, of an offence involving moral turpitude and punishable with transportation or imprisonment or of an offence, not of a technical nature, committed by him in his professional capacity unless in respect of the offence committed he has either been granted a pardon or, on an application made by him in this behalf, the Government has, by an order in writing, removed the disability; or (vi)\thas been removed from the membership of the Institute on being found on inquiry to have been guilty of such professional or other misconduct, as may be prescribed: Provided that a person who has been removed from the membership of the Institute for a specified period, shall be entitled to have his name entered in the Register after the expiry of such period.",
"name": "Disabilities",
"related_acts": "",
"section_id": 8
},
{
"act_id": 306,
"details": "9. (1) There shall be a Council of the Institute for the management of the affairs of the Institute and for discharging the functions assigned to it under this Ordinance.\t(2) The Council shall be composed of the following persons, namely,- (a)\tthe prescribed number of persons, not being less than six, elected from the three regional constituencies to be specified by the Government, by notification in the official Gazette, by the members of the Institute belonging to such constituencies from among such members of at least three years' standing, the number of members to be elected from a constituency being such as may be fixed therefore by the Government; and (b)\tnot less than seven persons nominated by the Government, of whom not less than three shall be qualified accountants representing each of the said regional constituencies. Explanation.- In computing the period of a person's standing with the Institute for purposes of clause (a), the period for which he has been a registered accountant before the commencement of this Ordinance shall be reckoned as period of membership of the Institute. (3) Notwithstanding anything contained in sub-section (2), all the members of the first Council to be constituted under this Ordinance shall be nominated by the Government.",
"name": "Constitution of the Council of the Institute",
"related_acts": "",
"section_id": 9
},
{
"act_id": 306,
"details": "10. (1) Elections under clause (a) of sub-section (2) of section 9 shall be conducted in the prescribed manner. (2) Where any dispute arises regarding any such election, the matter shall be referred by the Council to a Tribunal appointed by the Government in this behalf and the decision of such Tribunal shall be final: Provided that no such reference shall be made except on an application made to the Council by an aggrieved party, within thirty days from the date of the declaration of the result of the election. (3)\tThe expenses of the Tribunal shall be borne by the Institute.",
"name": "Mode of election to the Council",
"related_acts": "",
"section_id": 10
},
{
"act_id": 306,
"details": "11. If any body of persons referred to in section 9 fails to elect any of the members of the Council which it is empowered under that section to elect, the Government may nominate a person duly qualified to fill the vacancy, and any person so nominated shall be deemed to be a member of the Council as if he had been duly elected.",
"name": "Nomination in default of election",
"related_acts": "",
"section_id": 11
},
{
"act_id": 306,
"details": "12. (1) The Council shall elect from among its members a President and one or, if the Council so decides, more than one Vice-Presidents of the Institute, who shall also be the President and Vice-President or Vice-Presidents of the Council respectively and so often as the office or offices of the President or the Vice-President or Vice-Presidents becomes vacant, the Council shall choose from among its members a President or a Vice-President or Vice-Presidents, as the case may be: Provided that on the first constitution of the Council, members of the Council nominated in this behalf by the Government shall discharge the functions of the President and the Vice-President for the term of the first Council. (2) The President shall be the chief executive authority of the Council. (3) The President and the Vice-President or Vice-Presidents shall hold office for a period of one year from the date on which they are chosen but so as not to extend beyond their term of office as members of the Council, and, subject to their being members of the Council at the relevant time, they shall be eligible for re-election for a total period not exceeding three consecutive years. (4) On the dissolution of the Council, the President of the Council at the time of such dissolution shall continue to hold office and discharge such administrative and other duties as may be prescribed until such time as a new President shall have been elected and shall have taken over charge of his duties.",
"name": "President and Vice-President or Vice-Presidents",
"related_acts": "",
"section_id": 12
},
{
"act_id": 306,
"details": "13. (1) Any member of the Council may at any time resign his membership by writing under his hand addressed to the President and the seat of such member shall become vacant when such resignation is notified in the official Gazette. (2) A member of the Council shall be deemed to have vacated his seat if he is declared by the Council to have been absent without sufficient excuse from three consecutive meetings of the Council, or if his name is, for any cause, removed from the Register under the provisions of section 19. (3) A casual vacancy in the Council shall be filled by fresh election from the constituency concerned or by nomination by the Government, as the case may be, and the person elected or nominated to fill the vacancy shall hold office until the dissolution of the Council: Provided that no election shall be held to fill a casual vacancy occurring within six months prior to the date of the expiry of the duration of the Council, but such a vacancy may be filled by nomination by the Government after consultation with the President of the Council. (4) No act done by the Council shall be called in question on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Council.",
"name": "Resignation of membership and casual vacancies",
"related_acts": "",
"section_id": 13
},
{
"act_id": 306,
"details": "14. (1) The duration of the Council constituted under this Ordinance shall be three years from the date of the first meeting of the Council on the expiry of which it shall stand dissolved and a new Council constituted in accordance with the provisions of this Ordinance. (2) Notwithstanding the expiry of the duration of the Council it shall continue to function until a new Council is constituted in accordance with the provisions of this Ordinance, and upon such constitution, the Council so functioning shall stand dissolved.",
"name": "Duration and dissolution of Council",
"related_acts": "",
"section_id": 14
},
{
"act_id": 306,
"details": "15. (1) The duty of carrying out the provisions of this Ordinance shall be vested in the Council. (2) In particular, and without prejudice to the generality of the foregoing provision, the duties of the Council shall include- (a)\tthe examination of candidates for enrolment and the prescribing of fees therefore; (b) \tthe regulation of the engagement and training of articled and audit clerks; (c) \tthe prescribing of qualifications for entry in the Register; (d)\tthe recognition of foreign qualifications and training for purposes of enrolment; (e)\tthe granting or refusal of certificates of practice under this Ordinance; (f)\tthe maintenance and publication of a Register of persons qualified to practise as chartered accountants; (g)\tthe levy and collection of fees from members, examinees and other persons; (h)\tthe removal of names from the Register and the restoration to the Register of names which have been removed; (i)\tthe regulation and maintenance of the status and standard of professional qualifications of the members of the Institute; (j)\tthe carrying out, by financial assistance to persons other than members of the Council or in any other manner, of research in accountancy; (k)\tthe maintenance of a library and publication of books and periodicals relating to accountancy; (l) \tthe exercise of such disciplinary powers over the members and servants of the Institute as may be prescribed; (m)\tthe formation of such Standing Committees as may be prescribed; and (n)\tsuch other powers as may be conferred on the Council by the Government.",
"name": "Functions of the Council",
"related_acts": "",
"section_id": 15
},
{
"act_id": 306,
"details": "16. For the efficient performance of its duties, the Council may- (a)\tappoint a full-time Secretary who may also, if so decided by the Council, act as Treasurer; (b)\tappoint such other officers and servants as it deems necessary; (c)\trequire and take from the Secretary or from any other officer or servant of the Council such security for the due performance of his duties, as the Council considers necessary; (d)\tfix salaries, fees, allowances and other conditions of service of the officer and servants of the Council; (e)\twith the previous sanction of the Government, fix the allowances of the President, Vice-President or Vice-Presidents and other members of the Council and members of its Committees.",
"name": "Staff, remuneration and allowances",
"related_acts": "",
"section_id": 16
},
{
"act_id": 306,
"details": "17. There shall be established a fund under the management and control of the Council into which shall be paid all monies received by the Council and out of which shall be met all expenses and liabilities properly incurred by the Council.",
"name": "Finances of the Council",
"related_acts": "",
"section_id": 17
},
{
"act_id": 306,
"details": "18. (1) The Council shall maintain in the prescribed manner a Register of the Members of the Institute. (2) The Register shall include the following particulars about every member of the Institute, namely,- (a)\this full name, date of birth, domicile, residential and professional addresses; (b) \tthe date on which his name is entered in the Register; (c) \this qualifications; (d) \twhether he holds a certificate of practice; and (e) \tany other particulars which may be prescribed. (3) The Council shall cause to be published, in such manner as may be prescribed, a list of members of the Institute as on the first day of July of each year, and shall, if requested to do so by any such member, send to him a copy of such list. (4) Every member of the Institute shall, on his name being entered in the Register, pay such annual membership fee, as may be prescribed and different fees may be prescribed for associates and for fellows.",
"name": "Register",
"related_acts": "",
"section_id": 18
},
{
"act_id": 306,
"details": "19. The Council may remove from the Register the name of any member of the Institute- (a) \twho is dead, or (b) \tfrom whom a request has been received to that effect; or (c)\twho has not paid any prescribed fee required to be paid by him; or (d)\twho is found to have been subject at the time when his name was entered in the Register, or who at any time thereafter has become subject, to any of the disabilities mentioned in section 8, or who for any other reason has ceased to be entitled to have his name borne on the Register.",
"name": "Removal from the Register",
"related_acts": "",
"section_id": 19
},
{
"act_id": 306,
"details": "20. (1) For the purpose of advising and assisting it on matters concerning its functions, the Council may constitute such Regional Committees as and when it deems fit for one or more of the regional constituencies that may be specified by the Government under clause (a) of sub-section (2) of section 9. (2) The Regional Committees shall be constituted in such manner and exercise such functions as may be prescribed.",
"name": "Constitution and functions of Regional Committees",
"related_acts": "",
"section_id": 20
},
{
"act_id": 306,
"details": "21. Any person who- (i)\tnot being a member of the Institute,- (a) \trepresents that he is a member of the Institute; or (b)\tuses the designation Chartered Accountant, unless he is a member of any other Institute of Chartered Accountants; or (ii)\tbeing a member of the Institute, but not having a certificate of practice, represents that he is in practice or practises as a chartered accountant, shall be punishable on first conviction with fine which may extend to one thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months or with fine which may extend to five thousand rupees, or with both.",
"name": "Penalty for falsely claiming to be a member, etc.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 306,
"details": "22. (1) No person shall- (i) \tuse a name or a common seal which is identical with the name or the common seal of the Institute or so nearly resembles it as to deceive or as is likely to deceive the public; (ii)\taward any degree, diploma or certificate or bestow any designation which indicates or purports to indicate the possession or attainment of any qualification or competence possessed by a person by virtue of his being a member of the Institute; or (iii)\tseek to regulate in any manner whatsoever the profession of chartered accountants. (2) Any person contravening the provisions of sub-section (1) shall, without prejudice to any other proceedings which may be taken against him, be punishable with fine which may extend on first conviction to one thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both.",
"name": "Penalty for using name of the council, awarding degree of Chartered accountancy, etc.",
"related_acts": "",
"section_id": 22
},
{
"act_id": 306,
"details": "23. (1) No company, limiting the liability of its members, whether incorporated in Bangladesh or elsewhere, shall practise as chartered accountants. (2) If any company contravenes the provisions of sub-section (1), then, without prejudice to any other proceedings which may be taken against the company, every director, manager, secretary and any other officer thereof, who is knowingly a party to such contravention, shall be punishable with fine which may extend on first conviction to one thousand rupees and on any subsequent conviction to five thousand rupees.",
"name": "Companies not to engage in accountancy",
"related_acts": "",
"section_id": 23
},
{
"act_id": 306,
"details": "24. (1) No person other than a member of the Institute shall sign any document on behalf of a chartered accountant in practice or a firm of such chartered accountants in his or its professional capacity. (2) Any person contravening the provisions of sub-section (1) shall, without prejudice to any other proceedings which may be taken against him, be punishable with fine which may extend of first conviction to one thousand rupees, and on any subsequent conviction with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both.",
"name": "Unqualified persons not to sign documents",
"related_acts": "",
"section_id": 24
},
{
"act_id": 306,
"details": "25. No person shall be prosecuted under this Ordinance except on a complaint made by or under the order of the Council or of the Government.",
"name": "Sanction to prosecute",
"related_acts": "",
"section_id": 25
},
{
"act_id": 306,
"details": "26. (1) Where a chartered accountant in practice or a firm of such chartered accountants has more than one office in Bangladesh, each one of such offices shall be in the separate charge of a member of the Institute: Provided that the Council may in suitable cases exempt any chartered accountant in practice or a firm of such chartered accountants from the operation of this sub-section. (2) Every chartered accountant in practice or a firm of such chartered accountants maintaining more than one office shall send to the Council a list of offices and the persons in charge thereof and shall keep the Council informed of any change in relation thereto.",
"name": "Maintenance of branch offices",
"related_acts": "",
"section_id": 26
},
{
"act_id": 306,
"details": "27. (1) The Council may, by notification in the official Gazette, make bye-laws for the purpose of carrying out the objects of this Ordinance, and a copy of such bye-laws shall be sent to each member of the Institute. (2) In particular, and without prejudice to the generality of the foregoing power, such bye-laws may provide for all or any of the following matters:- (a)\tthe standard and conduct of examinations under this Ordinance; (b)\tthe qualifications for the entry of the name of any person in the Register; (c)\tthe conditions under which any examination or training may be treated as equivalent to the examination and training prescribed for the membership of the Institute; (d)\tthe conditions under which any foreign qualifications may be recognised; (e)\tthe manner in which and the conditions subject to which applications for entry in the Register may be made; (f)\tthe fees payable for membership of the Institute and the annual fees payable by associates and fellows of the Institute in respect of their certificates; (g) \tthe manner in which elections to the Council and the Regional Committees may be held; (h) \tthe particulars to be entered in the Register; (i) \tthe functions of Regional Committees ; (j) \tthe training of articled and audit clerks, the fixation of limits within which premia may be charged from articled clerks and the cancellation of articles and termination of audit service for misconduct or for any other sufficient cause; (k) \tthe regulation and maintenance of the status and standard of professional qualifications of members of the Institute; (l) \tthe carrying out of research in accountancy; (m)\tthe maintenance of a library and publication of books and periodicals on accountancy; (n)\tthe management of the property of the Council and the maintenance and audit of its accounts; (o) \tthe summoning and holding of meetings of the Council, the times and places of such meetings, the conduct of business thereat and the number of members necessary to form a quorum; (p) \tthe powers, duties and functions of the President and the Vice-President or Vice-Presidents of the Council; (q) \tthe functions of the Standing and other Committees and the conditions subject to which such functions shall be discharged; (r) \tthe terms of office, and the powers, duties and functions of the Secretary and other officers and servants of the Council; (s)\tthe rules of professional and other misconduct, and the exercise of disciplinary powers; and (t) \tany other matter which is required to be or may be prescribed under this Ordinance. (3) All bye-laws made by the Council under this Ordinance shall be subject to the condition of previous publication and to the approval of the Government. (4) Notwithstanding anything contained in sub-sections (1) and (2) the Government may frame the first bye-laws for the purposes mentioned in this section, and such bye-laws shall be deemed to have been made by the Council, and shall remain in force from the date of the coming into force of this Ordinance, until they are amended, altered or revoked by the Council.",
"name": "Power to make bye-laws",
"related_acts": "",
"section_id": 27
},
{
"act_id": 306,
"details": "28. (1) Where the Government considers it expedient so to do, it may, by order in writing, direct the Council to make any bye-law or to amend or revoke any bye-law already made within such period as it may specify in this behalf. (2) If the Council fails or neglects to comply with such order within the specified period, the Government may make or amend, with or without modifications, or revoke, any bye-laws, directed to be made, amended or revoked by that order.",
"name": "Powers of Government to direct bye-laws to be made or to make or amend bye-laws",
"related_acts": "",
"section_id": 28
},
{
"act_id": 306,
"details": "29. Any reference to a chartered accountant or a registered accountant or a certified or qualified auditor in any other law or in any document whatsoever shall be construed as a reference to a chartered accountant in practice within the meaning of this Ordinance.",
"name": "Reference to registered accountants, etc., to be construed as references to chartered accountants",
"related_acts": "",
"section_id": 29
},
{
"act_id": 306,
"details": "30. In section 144 of the Companies Act, 1913, for sub-sections (1), (2), (2A) and (2B), the following sub-section shall be substituted, namely,- “(1) No person shall be appointed as an auditor of any company other than a private company not being the subsidiary company of a public company, unless he is a chartered accountant within the meaning of the Chartered Accountants Ordinance, 1961: Provided that a firm whereof all the partners practising in Bangladesh are chartered accountants may be appointed by its firm name to be auditors of a company and may act in its firm name.”",
"name": "Amendment of section 144 of the Companies Act, 1913 (VII of 1913)",
"related_acts": "306",
"section_id": 30
},
{
"act_id": 306,
"details": "31. Notwithstanding the amendment of section 144 of the Companies Act, 1913, made by the preceding section, the Auditors' Certificates Rules, 1950, shall, so far as applicable, continue in force as if they are bye-laws made under this Ordinance.",
"name": "Saving",
"related_acts": "",
"section_id": 31
}
],
"text": "An Ordinance to make provision for the regulation of the profession of accountants. 1♣ WHEREAS it is expedient to make provision for the regulation of the profession of accountants and for that purpose to establish an Institute of Chartered Accountants; 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": 307,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Provincial Government” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words “within the Province” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Medical Colleges (Governing Bodies) Ordinance, 1961",
"num_of_sections": 9,
"published_date": "18th April, 1961",
"related_act": [
307,
430
],
"repelled": true,
"sections": [
{
"act_id": 307,
"details": "1. (1) This Ordinance may be called the Medical Colleges (Governing Bodies) Ordinance, 1961. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "307",
"section_id": 1
},
{
"act_id": 307,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Chairman” means the Chairman of a Governing Body; (b)\t“Governing Body” means a Governing Body constituted under this Ordinance; (c)\t“Medical College” includes any hospital attached thereto; and (d)\t“member” means the member of a Governing Body.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 307,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, for the efficient administration and management of the affairs of all Medical Colleges 2* * *, by notification in the official Gazette, constitute for each such college a Governing Body consisting of such number of members not exceeding fifteen as may be appointed by it. (2) Not more than one third of the members shall be chosen directly by the Government and the remaining members shall be chosen from amongst persons proposed by such institutions, bodies or organisations as the Government may, from time to time, by notification in the official Gazette, specify: Provided that in the case of the Governing Body for a Medical College in a district in which there is a University, the Vice-Chancellor of such University shall be appointed as one of the members. (3) The Government shall appoint one of the members to be the Chairman of the Governing Body: Provided that where the Vice-Chancellor of a University is a member of the Governing Body, he shall be the Chairman thereof. (4) The Chairman as such and the members chosen directly by the Government shall hold office during the pleasure of the Government and the other members shall, unless earlier required to vacate by the Government, hold office for a term of three years and shall be eligible for re-appointment.",
"name": "Constitution of Governing Bodies",
"related_acts": "",
"section_id": 3
},
{
"act_id": 307,
"details": "4. (1) A Governing Body shall administer and manage the affairs of the Medical College for which it has been constituted and shall, subject to any rules made in this behalf, have all powers necessary for the purpose. (2) In the exercise of its powers and performance of its functions, a Governing Body shall, in respect of policy making, coordination and maintenance of educational standards, be guided by such directions as the Government may, from time to time, give.",
"name": "Powers and functions of a Governing Body",
"related_acts": "",
"section_id": 4
},
{
"act_id": 307,
"details": "5. (1) A Governing Body shall, for the efficient performance of its functions under this Ordinance, constitute, with such of its members and other persons as it may appoint, the following committees, namely:- (a) \tThe Executive Committee; (b)\tThe Finance and Departmental Grants Committee; (c)\tThe Establishment and Discipline Committee; (d)\tThe Medical Staff Committee; (e)\tThe Hospital Management and Hostels Committee; and (f)\tThe Nursing Committee. (2) Subject to such directions as the Government may, from time to time, give in this behalf, a committee constituted under sub-section (1) shall perform such functions as may be prescribed by regulations or otherwise specified by the Governing Body.",
"name": "Committees",
"related_acts": "",
"section_id": 5
},
{
"act_id": 307,
"details": "6. (1) Except as otherwise provided in this section, the constitution of a Governing Body for a Medical College shall not affect the position obtaining before such constitution with respect to the receipt, expenditure or any arrangement relating to the finances of a Medical College or the maintenance and audit of its accounts. (2) All receipts of a Medical College from any source whatsoever shall constitute the College Fund which shall be applied, subject to any rules made in this behalf, by its Governing Body to meet all expenditure for the administration and management of the affairs of the Medical College and other charges connected with the performance of the functions of that Governing Body under this Ordinance.",
"name": "College Fund, accounts and finances",
"related_acts": "",
"section_id": 6
},
{
"act_id": 307,
"details": "7. (1) As soon as may be after the close of every financial year but not later than the last day of September next following, every Governing Body shall submit to the Government a report of the conduct of its affairs for that year Government. (2) The Government may require a Governing Body to furnish it with- (a)\tany report, return, statement, estimate, statistics or other information regarding any matter under the control of that Governing Body or on any subject with which that Governing body is concerned; or (b)\tany document or copy thereof in the charge or under the control of that Governing Body.",
"name": "Returns and statements",
"related_acts": "",
"section_id": 7
},
{
"act_id": 307,
"details": "8. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rule",
"related_acts": "",
"section_id": 8
},
{
"act_id": 307,
"details": "9. (1) A Governing Body may, subject to the previous approval of the Government make regulations to provide for any matter which is not required to be provided for by rules and for which provision is necessary or expedient for efficient conduct of its business or the performance of its functions under this Ordinance. (2) Where any provision of a regulation is inconsistent with any provision of a rule, the latter shall prevail.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 9
}
],
"text": "An Ordinance to provide for the constitution of Governing Bodies for Medical Colleges in Bangladesh. 1♣ WHEREAS it is expedient to provide for the constitution of Governing Bodies for Medical Colleges in Bangladesh for the efficient administration and management of the affairs of such colleges; 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": 308,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Provincial Government” or “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 any advocate of the High Court” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words “in the territory now comprised in 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)",
"4 The word “Bangladesh” was substituted for the words “the Province” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The word “the” was susbtituted for the word “that” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 The word “the” was susbtituted for the word “that” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 The word “the” was susbtituted for the word “that” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Notaries Ordinance, 1961",
"num_of_sections": 16,
"published_date": "14th June, 1961",
"related_act": [
308,
430,
46
],
"repelled": false,
"sections": [
{
"act_id": 308,
"details": "1. (1) This Ordinance may be called the Notaries Ordinance, 1961. (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": "308",
"section_id": 1
},
{
"act_id": 308,
"details": "2. In this Ordinance, unless the context otherwise requires,- (a)\t“instrument” includes every document by which any right or liability is, or purports to be, created, transferred, modified, limited, extended, suspended, extinguished or recorded; (b)\t“legal practitioner” means any advocate or attorney of the Supreme Court 2* * * or any pleader authorised under any law for the time being in force to practise in any Court of law; (c) \t“notary” means a person appointed as such under this Ordinance: Provided that for a period of six months from the commencement of this Ordinance it shall include also a person who, before such commencement, was appointed a notary public by the Master of Faculties in England, and is, immediately before such commencement, in practice as a notary in any part of 3in the territory now comprised in Bangladesh; (d)\t“prescribed” means prescribed by rules made under this Ordinance; (e)\t“Register” means a Register of Notaries to be maintained under section 4.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 308,
"details": "3. The Government, for the whole or any part of 4Bangladesh, may appoint as notaries any legal practitioners or other persons who possess such qualifications as may be prescribed.",
"name": "Power to appoint notaries",
"related_acts": "",
"section_id": 3
},
{
"act_id": 308,
"details": "4. (1) The Government shall maintain, in such form as may be prescribed, a Register of the notaries appointed by 5the Government and entitled to practise as such under this Ordinance. (2) Every such Register shall include the following particulars about the notary whose name is entered therein, namely:- (a)\this full name, date of birth, residential and professional address; (b)\tthe date on which his name is entered in the Register; (c)\this qualification; and (d)\tany other particulars which may be prescribed.",
"name": "Registers",
"related_acts": "",
"section_id": 4
},
{
"act_id": 308,
"details": "5. (1) Every notary who intends to practise as such shall, on payment to the Government of the prescribed fee, if any, be entitled- (a) \tto have his name entered in the Register maintained by 6the Government under section 4, and (b)\tto a certificate authorising him to practise for a period of three years from the date on which the certificate is issued to him. (2) Every such notary who wishes to continue to practise after the expiry of the period for which his certificate of practice has been issued under this section shall, on application made to the Government and payment of the prescribed fee, if any, be entitled to have his certificate of practice renewed for three years at a time.",
"name": "Entry of names in the Register and issue or renewal of certificates of practice",
"related_acts": "",
"section_id": 5
},
{
"act_id": 308,
"details": "6. The Government shall, not later than the end of January each year, publish in the official Gazette, a list of notaries appointed by 7the Government and in practice at the beginning of that year together with such details pertaining to them as may be prescribed.",
"name": "Annual publication of lists of notaries",
"related_acts": "",
"section_id": 6
},
{
"act_id": 308,
"details": "7. Every notary shall have and use, as occasion may arise, a seal of such form and design as may be prescribed.",
"name": "Seal of notaries",
"related_acts": "",
"section_id": 7
},
{
"act_id": 308,
"details": "8. (1) A notary may do all or any of the following acts by virtue of his office, namely:- (a)\tverify, authenticate, certify or attest the execution of any instrument; (b)\tpresent any promissory note, hundi or bill of exchange for acceptance or payment or demand better security; (c)\tnote or protest the dishonour by non-acceptance or non- payment of any promissory note, hundi or bill of exchange or protest for better security or prepare acts of honour under the Negotiable Instruments Act, 1881, or serve notice of such note or protest; (d)\tnote and draw up ship's protest, boat's protest or protest relating to demurrage and other commercial matters; (e)\tadminister oath to, or take affidavit from, any person; (f)\tprepare bottomry and respondantia bonds, charter parties and other mercantile documents; (g)\tprepare, attest or authenticate any instrument intended to take effect in any country or place outside Bangladesh in such form and language as may conform to the law of the place where such deed is intended to operate; (h)\ttranslate, and verify the translation of, any document from one language into another; (i)\tany other act which may be prescribed. (2) No act specified in sub-section (1) shall be deemed to be a notarial act except when it is done by a notary under his signature and official seal.",
"name": "Functions of notaries",
"related_acts": "46",
"section_id": 8
},
{
"act_id": 308,
"details": "9. (1) Subject to the provisions of this section, no person shall practise as a notary or do any notarial act under the official seal of a notary unless he holds a certificate of practice in force issued to him under section 5: Provided that nothing in this sub-section shall apply to the presentation of any promissory note, hundi or bill of exchange for acceptance or payment by the clerk of a notary acting on behalf of such notary. (2) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Bar of practice without certificate",
"related_acts": "430",
"section_id": 9
},
{
"act_id": 308,
"details": "10. The Government may, by order, remove from the Register maintained by it under section 4 the name of the notary if he- (a)\tmakes a request to that effect; or (b)\thas not paid any prescribed fee required to be paid by him; or (c)\tis an undischarged insolvent; or (d)\thas been found, upon inquiry in the prescribed manner, to be guilty of such professional or other misconduct as, in the opinion of the Government, renders him unfit to practise as a notary.",
"name": "Removal of names from Register",
"related_acts": "",
"section_id": 10
},
{
"act_id": 308,
"details": "11. Subject to the provisions of section 16, any reference to a notary public in any other law shall be construed as a reference to a notary entitled to practise under this Ordinance.",
"name": "Construction of references to notaries public in other laws",
"related_acts": "",
"section_id": 11
},
{
"act_id": 308,
"details": "12. Any person who- (a)\tfalsely represents that he is a notary without being appointed as such, or (b)\tpractises as a notary or does any notarial act in contravention of section 9, shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.",
"name": "Penalty for falsely representing to be a notary, etc.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 308,
"details": "13. (1) No Court shall take cognizance of any offence committed by a notary in the exercise or purported exercise of his functions under this Ordinance save upon complaint in writing made by an officer authorised by the Government by general or special order in this behalf. (2) No magistrate other than a magistrate of the first class shall try an offence punishable under this Ordinance.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 13
},
{
"act_id": 308,
"details": "14. If the Government is satisfied that by the law or practice of any country or place outside Bangladesh, the notarial acts done by notaries within Bangladesh are recognised for all or any limited purposes in that country or place, the Government may, by notification in the official Gazette, declare that the notarial acts lawfully done by notaries within such country or place shall be recognised within Bangladesh for all purposes or, as the case may be, for such limited purposes as may be specified in the notification.",
"name": "Reciprocal arrangements for recognition of notarial acts done by foreign notaries",
"related_acts": "",
"section_id": 14
},
{
"act_id": 308,
"details": "15. (1) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance. (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 qualifications of a notary, the form and manner in which applications for appointment as a notary may be made and the disposal of such applicants; (b)\tthe certificates, testimonials or proofs as to character, integrity, ability and competence which any person applying for appointment as a notary may be required to furnish; (c)\tthe fees payable for appointment as a notary and for the issue and renewal of a certificate of practice, and exemption, whether wholly or in part, from such fees in specified classes of cases; (d)\tthe fees payable to a notary for doing any notarial act; (e)\tthe form of Registers and the particulars to be entered therein; (f)\tthe form and design of the seal of a notary; (g)\tthe manner in which inquiries into allegations or professional or other misconduct of notaries may be made; (h)\tthe acts which a notary may do in addition to those specified in section 8 and the manner in which a notary may perform his functions.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 15
},
{
"act_id": 308,
"details": "16. Nothing in this Ordinance affects the provisions of the Negotiable Instruments Act, 1881, or any appointment made in pursuance of section 138 of that Act or the powers of any person so appointed.",
"name": "Saving of Act XXVI of 1881",
"related_acts": "46",
"section_id": 16
}
],
"text": "An Ordinance to provide for and to regulate the profession of notaries in Bangladesh.1♣ WHEREAS it is expedient to provide for and to regulate the profession of notaries 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:-"
} |
{
"id": 309,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted respectively for the word “Pakistan” and “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 bracket and figure “(1)” was inserted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, brackets and figure “or arrears thereof under sub-section (2)” 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, comma, figures and brackets “Essential Commodities Act, 1957 (III of 1957)” were substituted for the words, comma, figures and brackets “Essential Supplies Act, 1957 (III of 1957)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words, figures, comma and brackets “Chapter V and Chapter VI of the Income-tax Ordinance, 1984 (Ord. No. XXXVI of 1984)” were substituted for the words, brackets, figures, and comma “sub-section (2) of section 10 of the 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 Petroleum Products (Development Surcharge) Ordinance, 1961",
"num_of_sections": 7,
"published_date": "1st July, 1961",
"related_act": [
672,
267,
309,
430
],
"repelled": false,
"sections": [
{
"act_id": 309,
"details": "1. (1) This Ordinance may be called the Petroleum Products (Development Surcharge) Ordinance, 1961. (2)\tIt extends to the whole of Bangladesh. (3)\tIt shall come into force at once, and shall be deemed to have taken effect on the first day of August, 1959.",
"name": "Short title, extent and commencement",
"related_acts": "309",
"section_id": 1
},
{
"act_id": 309,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (1)\t“Company” means a company specified in the Second Schedule; (2)\t“Development surcharge” means the surcharge payable under section 3; (3)\t“Differential margin” means the amount by which the fixed sale price exceeds the prescribed price; (4) \t“ Fixed sale price” means the ex-Installation sale price as in force on the thirty-first day of July, 1959, or the price, if any, approved by the Government; (5)\t“Petroleum Product” means any petroleum product specified in the First Schedule; and (6)\t“Prescribed price” means the ex-Installation price as determined in accordance with the rules made under section 6.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 309,
"details": "3. 2(1) Subject to the provisions of this Ordinance, every company shall pay to the Government a development surcharge equal to the differential margin in respect of the quantities of petroleum products sold by the company through an installation except for export: Provided that where the prescribed price of any petroleum product exceeds its fixed sale price, the Government may, by order in writing, permit the company to deduct the amount of such excess from the differential margin in respect of the other petroleum products. (2) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No.VIII of 1973). (3) Any amount due as development surcharge under sub-section (1) 3* * * and not paid within the time allowed by the Government or any officer authorised by it in that behalf shall be recoverable as arrears of land revenue.",
"name": "Levy of Development Surcharge",
"related_acts": "430",
"section_id": 3
},
{
"act_id": 309,
"details": "4. (1) Notwithstanding anything contained in any other law, no company shall sell ex-Installation any petroleum product at a price higher than the fixed sale price. (2) A contravention of sub-section (1) shall be deemed to be a contravention of an order made under section 3 of the 4Essential Commodities Act, 1957 (III of 1957), and all the provisions of that Act shall have effect accordingly. (3) Nothing in this Ordinance shall be deemed to have or ever to have had the effect of retrospectively creating any offence or of retrospectively enhancing the punishment for any offence provided in any law for the time being in force.",
"name": "Maximum sale price",
"related_acts": "267",
"section_id": 4
},
{
"act_id": 309,
"details": "5. Notwithstanding anything contained in any other law, the amount of the development surcharge paid by a company under section 3 shall be an expenditure for which allowance is to be made in computing profits or gains under 5Chapter V and Chapter VI of the Income-tax Ordinance, 1984 (Ord. No. XXXVI of 1984).",
"name": "Allowance to be made for development surcharge for purposes of income-tax",
"related_acts": "672",
"section_id": 5
},
{
"act_id": 309,
"details": "6. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance and any such rules may be retrospective from any date not earlier then the first day of August, 1959. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide- (a) \tfor the determination of the prescribed price; (b)\tfor any other matter for which there is no provision or no sufficient provision in this Ordinance and for which provision is, in the opinion of the Government, necessary in order to give effect to the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 6
},
{
"act_id": 309,
"details": "7. The Government may, from time to time, by notification in the official Gazette, make such amendments and modifications in the Schedules as it thinks fit.",
"name": "Power to amend Schedules",
"related_acts": "",
"section_id": 7
}
],
"text": "An Ordinance to provide for the levy and collection of a development surcharge on petroleum products and for matters connected therewith. 1♣ WHEREAS it is expedient to provide for the levy and collection of a development surcharge on petroleum products and for matters connected therewith; 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": 310,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh”, “Government”, “sailors”,\"Army Act\", \"Air Force Act\", \"sailor\", \"rank\", \"Penal Code\", \"disranking\" and \"taka\" were substituted for the words “Pakistan”, “Central Government”, “ratings”, \"Pakistan Army Act\", \"Pakistan Air Force Act\", \"rating\", \"rate\", \"Pakistan Penal Code\", \"disrating\" and “rupees” respectively by section 3 of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"2 The word “Pakistan” was omitted by section 4 of the of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"3 The word “sailors” was substituted for the word “ratings” by section 3(c) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"4 The words “Army Act” were substituted for the words “Pakistan Army Act” by section 3(d) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"5 The words “Air Force Act” were substituted for the words “Pakistan Air Force Act” by section 3(e) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"6 The words “Army Act” were substituted for the words “Pakistan Army Act” by section 3(d) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"7 The words “Air Force Act” were substituted for the words “Pakistan Air Force Act” by section 3(e) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"8 Clause (xii) was omitted by section 5(a) of the of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"9 The words “master chief petty officer” were substituted for the words “chief petty officer” by section 5(b) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"10 The words “Army Act” were substituted for the words “Pakistan Army Act” by section 3(d) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"11 The words “Air Force Act” were substituted for the words “Pakistan Air Force Act” by section 3(e) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"12 The word “rank” was substituted for the word “rate” by section 3(g) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"13 The words “or rate” were omitted by section 5(c) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"14 The words “or rate” were omitted by section 5(c) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"15 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 3(h) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"16 The words and comma “master chief petty officers, chief petty officers” were substituted for the words “chief petty officers” by section 6(a) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"17 The word “rank” was substituted for the word “rate” by section 3(g) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"18 The word “lower” was substituted for the word “inferior” by section 6(b) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"19 The word “sailors” was substituted for the word “ratings” by section 3(c) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"20 The words “Army Act” were substituted for the words “Pakistan Army Act” by section 3(d) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"21 The words “Air Force Act” were substituted for the words “Pakistan Air Force Act” by section 3(e) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"22 The words “the High Court” were substituted for the words “a High Court” by section 8 of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"23 The words “High Court Division” were substituted for the words “High Court” by section 7 of প্রতিরক্ষা কর্মবিভাগ (কতিপয় আইন সংশোধন) আইন, ২০১৬ (২০১৬ সনের ১৫ নং আইন)।",
"24 The word “disranking” was substituted for the word “disrating” by section 3(i) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"25 Clause (hh) was inserted by section 9 of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"26 The word “disranking” was substituted for the word “disrating” by section 3(i) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"27 The word “disranking” was substituted for the word “disrating” by section 3(i) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"28 The word “disranking” was substituted for the word “disrating” by section 3(i) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"29 The word “rank” was substituted for the word “rate” by section 3(g) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"30 The word “disranking” was substituted for the word “disrating” by section 3(i) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"31 The word “rank” was substituted for the word “rate” by section 3(g) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"32 The words and comma “master chief petty officer, chief petty officer” were substituted for the words “chief petty officer” by section 10 of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"33 The word “rank” was substituted for the word “rate” by section 3(g) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"34 The word “rank” was substituted for the word “rate” by section 3(g) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"35 The words “Army Act” were substituted for the words “Pakistan Army Act” by section 3(d) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"36 The words “Air Force Act” were substituted for the words “Pakistan Air Force Act” by section 3(e) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"37 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 3(h) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"38 The word “sailors” was substituted for the word “ratings” by section 3(c) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"39 The word “rank” was substituted for the word “rate” by section 3(g) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"40 The word “Republic” was substituted for the word “Government” by section 11 of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"41 The word “Republic” was substituted for the word “Government” by section 12 of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"42 The words “the Government” were substituted for the words “that Government” by section 13 of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"43 The word “sailors” was substituted for the word “ratings” by section 3(c) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"44 The word “sailors” was substituted for the word “ratings” by section 3(c) of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016)."
],
"name": "The Navy Ordinance, 1961",
"num_of_sections": 181,
"published_date": "8th September, 1961",
"related_act": [
96,
132,
69,
75,
310
],
"repelled": false,
"sections": [
{
"act_id": 310,
"details": "1. (1) This Ordinance may be called the 2* * * Navy Ordinance, 1961. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "310",
"section_id": 1
},
{
"act_id": 310,
"details": "2. (1) The following persons shall be subject to this Ordinance, wherever they may be, namely:- (a)\tofficers on the active list of officers of the Bangladesh Navy, and 3sailors of the Bangladesh Navy; (b)\tofficers on the retired or emergency lists of officers of the Bangladesh Navy, when ordered on any duty or service for which as such officers they are so liable; (c)\tpersons belonging to any of the Bangladesh Naval Reserve Forces when called up for training, exercise or service (including active service) in pursuance of regulations; (d)\tpersons belonging to any auxiliary force raised in Bangladesh to which this Ordinance is applied to such extent and subject to such conditions as may be prescribed. (2) The following persons, not otherwise subject to this Ordinance shall be so subject to such extent and under such conditions as the Government may direct:- (a)\tpersons subject to the 4Army Act, 1952 or the 5Air Force Act, 1953- (i)\twhen seconded for service with the Bangladesh Navy; or (ii)\twhen embarked for passage on board any of the naval ships; (b)\tpersons, other than those mentioned in the last preceding clause, when embarked as passengers on board any of the naval ships; (c)\tpersons who are employed by, or are in the service of, or are followers of, or accompany any body or member of the naval force on active service. (3)\tPersons not otherwise subject to this Ordinance, shall be so subject if they are accused of- (i)\tseducing or attempting to seduce any person subject to this Ordinance 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.",
"name": "Persons subject to this Ordinance",
"related_acts": "132",
"section_id": 2
},
{
"act_id": 310,
"details": "3. Persons subject to this Ordinance, when seconded for service with the Bangladesh Army or the Bangladesh Air Force, shall be subject to the 6Army Act, 1952, or as the case may be, the 7Air Force Act, 1953, to such extent and under such conditions as the Government may direct.",
"name": "Secondment to Army or Air Force",
"related_acts": "",
"section_id": 3
},
{
"act_id": 310,
"details": "4. In this Ordinance unless the context otherwise requires,- (i)\t“active service” as applied to a person subject to this \tOrdinance, 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, (b)\tis engaged in naval operations in, or is on his way 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“armed forces” means the Bangladesh Army, the Bangladesh Navy and the Bangladesh Air Force and includes their reserves when called up for training, exercise or service; (iii)\t“civil offence” means an offence which is triable by a criminal Court; (iv)\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; (v) \t“Chief of Naval Staff” means the flag officer appointed by the President as the Chief of Naval Staff, Bangladesh Navy, or in his absence on leave or otherwise the officer appointed by the Government to officiate as such, or, in the absence of such officiating appointment, the officer on whom the command may devolve in accordance with the regulations made by the Government; (vi)\t“commanding officer” means the officer appointed in command of a naval ship, vessel or establishment or the officer on whom such command may devolve in accordance with the regulations made by the Government, or, the officer, specified by the Government as the commanding officer for the purpose of all or any of the provisions of this Ordinance; (vii)\t “court-martial” means a court-martial held under this Ordinance; (viii)\t “criminal Court” means a Court of ordinary criminal justice in any part of Bangladesh or established elsewhere by the authority of the Government; (ix)\t“desertion” has the meaning assigned to it by section 45 and “desert” and its cognate expressions shall be construed accordingly; (x)\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 military, naval or air force law to act; (xi)\t“flag officer” means an officer of the rank of Admiral of the Fleet, Admiral, Vice-Admiral or Rear-Admiral; 8* * * (xiii) \t“intoxication” has the meaning assigned to it by section 58; (xiv)\t\t“Judge Advocate General” means a person appointed as such to give advice on matters relating to naval law and to perform such other duties of a legal character as may arise in connection therewith; (xv) \t“long imprisonment” means rigorous imprisonment for a term exceeding two years but not exceeding fourteen years; (xvi) \t“mutiny” has the meaning assigned to it by section 36; (xvii) \t“naval custody” means the arrest or confinement of a person in the prescribed manner or in accordance with the usages and customs of the naval service and includes military or air force custody; (xviii)\t“naval establishment” means an establishment belonging to or under the control of the navy, whether within or without Bangladesh; (xix) \t“naval law” means the law contained in this Ordinance and the rules and regulations and includes the usages and customs of the navy; (xx) \t“naval reserve forces” means the Bangladesh Naval Reserve Forces and includes the Bangladesh Naval Fleet Reserve, the Bangladesh Naval Volunteer Reserve, the Bangladesh Naval Reserve and the Bangladesh Women Naval Reserve; (xxi)\t“naval reward” includes any gratuity or annuity for long service or good conduct or pension and any other naval pecuniary reward; (xxii)\t“naval ship” means a ship commissioned for service in the Bangladesh Navy and flying the Naval Ensign; (xxiii)\t“naval vessel” means a ship or vessel, other than a naval ship, engaged in the naval service of Bangladesh; (xxiv)\t\t“navy” means the regular naval forces of Bangladesh and includes the Bangladesh Naval Reserves Forces, when called up for training, exercise or into actual service; (xxv)\t“notification” means a notification published in the official Gazette; (xxvi)\t“offence” means any act or omission punishable under this Ordinance and includes a civil offence; (xxvii)\t“officer” means a person holding a commission not being a Junior Commission in the Navy, and includes a subordinate officer, and when serving under prescribed conditions, an officer of the Bangladesh Army or the Bangladesh Air Force; (xxviii)\t“prescribed” means prescribed by rules made under this Ordinance; (xxix)\t“provost-marshal” means a person appointed as such under this Ordinance and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf; (xxx) \t“sailor” means a person enrolled under this Ordinance of or below the rank of 9master chief petty officer; (xxxi) \t“regulations” means regulations made under this Ordinance; (xxxii) \t“rules” means rules made under this Ordinance; (xxxiii)\t“service” when qualifying institution, necessaries, books, band, mess, money, goods or other property, means belonging to or connected with the army, the navy or the air force or any part thereof; (xxxiv) \t“service law” means this Ordinance, the 10Army Act, 1952, the 11Air Force Act, 1953, and the rules and regulations made thereunder; (xxxv)\t“short imprisonment” means simple or rigorous imprisonment for a term not exceeding two years; (xxxvi)\t“subordinate officer” means a person appointed as an acting sub-lieutenant, a midshipman or a cadet in any branch of the navy; (xxxvii) “superior officer” when used in relation to a person subject to this Ordinance, means an officer or a sailor not below the 12rank of petty officer who is of rank 13* * * higher than that person, or is senior to that person in the same rank 14* * *, and as regards persons serving under such conditions as the Government may direct, an officer, junior commissioned officer, warrant officer or non-commissioned officer of the Bangladesh Army or the Bangladesh Air Force; (xxxviii) all words and expressions used herein and defined in the 15Penal Code, and not hereinbefore defined, shall have the meanings respectively assigned to them in that Code.",
"name": "Definitions",
"related_acts": "69",
"section_id": 4
},
{
"act_id": 310,
"details": "5. The Government may, by notification, apply with or without modification all or any of the provisions of this Ordinance to any force raised and maintained in Bangladesh and suspend operation of any other enactment for the time being applicable to the said force.",
"name": "Application of this Ordinance to certain forces under the Government",
"related_acts": "",
"section_id": 5
},
{
"act_id": 310,
"details": "6. Any person or class of persons subject to this Ordinance under clause (c) of sub-section (2) of section 2- (1) \tshall be so subject as officers, 16master chief petty officers, chief petty officers or petty officers as the Government or any officer authorised by it in that behalf may direct; (2) \tin respect of whom no direction under clause (1) is in force, shall be deemed to be of a 17rank 18lower to that of a petty officer; (3) \tshall be deemed to be under the commanding officer of the naval ship, naval vessel or naval establishment, if any, to which he is attached, and 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 be serving, or of any other prescribed officer, and if no such officer is named or prescribed, under the command of the said officer commanding the force; (4) \tshall not be placed under the command of an officer of official rank inferior 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": "Special provision as to rank and command in certain cases",
"related_acts": "",
"section_id": 6
},
{
"act_id": 310,
"details": "7. (1) Whenever persons subject to this Ordinance are serving whether within or without Bangladesh, under an officer not subject to this Ordinance, the Government may prescribe the officer by whom the powers which, under this Ordinance, may be exercised by a commanding officer, 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": 7
},
{
"act_id": 310,
"details": "8. Any power or jurisdiction given to, and any act or thing to be done by, to, or before any person holding any naval appointment may be exercised by, or done by, to, or before any other person for the time being authorised in that behalf according to rules or customs of the navy.",
"name": "Exercise of powers vested in holder of naval office",
"related_acts": "",
"section_id": 8
},
{
"act_id": 310,
"details": "9. Notwithstanding anything contained in clause (i) of section 4, the Government may, by notification, declare that any person or class of persons subject to this Ordinance, shall, with reference to any area in which they may be serving or with reference to any provision of this Ordinance or of any other law for the time being in force, be deemed to be on active service within the meaning of this Ordinance.",
"name": "Power to declare persons to be on active service",
"related_acts": "",
"section_id": 9
},
{
"act_id": 310,
"details": "10. No person who is not a citizen of Bangladesh shall except with the consent of the Government signified in writing, be eligible for appointment or enrolment in the Bangladesh Navy.",
"name": "Eligibility for employment",
"related_acts": "",
"section_id": 10
},
{
"act_id": 310,
"details": "11. (1) Officers other than subordinate officers shall be appointed by commission by the President. (2) Subordinate officers shall be appointed in such manner and shall hold such rank as may be specified in the regulations.",
"name": "Appointment and commission",
"related_acts": "",
"section_id": 11
},
{
"act_id": 310,
"details": "12. (1) The terms and conditions of service of 19sailors, and the manner and procedure of their enrolment shall be such as may be specified in the regulations. (2) No person shall be enrolled as a sailor in the Bangladesh Navy for an initial period of engagement exceeding such period as may be prescribed. (3) Notwithstanding anything contained in any other law for the time being in force,- (a)\tthe enrolment of any person under this Ordinance shall be binding on him both during his minority and after he attains majority; (b) \tneither the parent or guardian of a minor duly enrolled under this Ordinance nor any other person shall be entitled to claim custody of the said minor as against the Government or any of its officers or other persons set over him. (4) and (5) Omitted by section 7 of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"name": "Enrolment and Junior Commission",
"related_acts": "",
"section_id": 12
},
{
"act_id": 310,
"details": "13. Every person who has for the space of three months been in receipt of pay as a person enrolled under this Ordinance and been borne on the books of any naval ship or naval establishment 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 books 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 Ordinance or invalidate any proceedings, act or thing taken or done prior to his discharge.",
"name": "Validity of Enrolment",
"related_acts": "",
"section_id": 13
},
{
"act_id": 310,
"details": "14. Every sailor shall, on completion of prescribed period after enrolment, make and subscribe before his commanding officer or any prescribed officer, an oath or affirmation in the prescribed form.",
"name": "Attestation",
"related_acts": "",
"section_id": 14
},
{
"act_id": 310,
"details": "15. Every officer and sailor shall hold office during the pleasure of the President.",
"name": "Tenure of service",
"related_acts": "",
"section_id": 15
},
{
"act_id": 310,
"details": "16. Every officer and sailor shall be liable to serve in the navy until his services have been duly terminated by the competent authority in accordance with this Ordinance and the rules and regulations made thereunder.",
"name": "Liability for service",
"related_acts": "",
"section_id": 16
},
{
"act_id": 310,
"details": "17. (1) The Government may dismiss, remove, discharge or release any officer from the service or compel him to resign or retire from the service. (2) Any officer may be permitted, subject to the exigencies of the service, by the Government to voluntarily resign his commission or retire from the service. (3) The Government, the Chief of Naval Staff, or any prescribed officer may dismiss, discharge or release any subordinate officer or sailor from the service.",
"name": "Termination of service",
"related_acts": "",
"section_id": 17
},
{
"act_id": 310,
"details": "18. A sailor shall be entitled to be released at the expiration of the term of service for which he is engaged unless- (a)\tsuch expiration occurs,ÔÇö (i) \twhen war is imminent or existing, or (ii) \twhen the strength of the branch of service to which he belongs is five per cent below its strength, in which case he shall be liable to continue to serve for such further period as may be required by the Chief of Naval Staff; or (b) \the is re-engaged in accordance with the regulations.",
"name": "Release on expiry of period of engagement",
"related_acts": "",
"section_id": 18
},
{
"act_id": 310,
"details": "19. (1) Any person enrolled under this Ordinance 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 Ordinance 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 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": 19
},
{
"act_id": 310,
"details": "20. Every sailor who is dismissed, discharged, or released from the service shall be furnished by the prescribed officer with a certificate setting forth- (a)\tthe authority terminating the service; (b)\tthe cause for such termination; and (c)\tthe full period of his service in the navy.",
"name": "Certificate on termination of service",
"related_acts": "",
"section_id": 20
},
{
"act_id": 310,
"details": "21. Subject to the provisions of any law for the time being in force relating to the navy 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 to this Ordinance- (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 unions 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 Ordinance",
"related_acts": "",
"section_id": 21
},
{
"act_id": 310,
"details": "22. The pay and allowances of every officer and sailor 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 enactment or prescribed by the Government.",
"name": "Authorised deductions only to be made from pay",
"related_acts": "",
"section_id": 22
},
{
"act_id": 310,
"details": "23. If an officer or sailor thinks that he has suffered any personal oppression, injustice or other ill-treatment at the hands of any superior officer, he may make a complaint in accordance with the rules made under this Ordinance.",
"name": "Remedy of aggrieved persons",
"related_acts": "",
"section_id": 23
},
{
"act_id": 310,
"details": "24. The arms, clothes, equipment, accoutrement or necessaries of any officer or sailor shall not be seized, and their pay and allowances, or any part thereof, shall not be attached under any process or direction of any civil or revenue Court or any public servant, in satisfaction of any decree or order enforceable against him.",
"name": "Immunity from attachment",
"related_acts": "",
"section_id": 24
},
{
"act_id": 310,
"details": "25. (1) No officer or sailor shall, so long as he is subject to this Ordinance, be liable to be arrested for debt under any process issued by, or by the authority of, any civil or revenue Court or any public servant. (2) The judge of any such Court or the said officer shall 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 if satisfied that the arrest was made in contravention of preceding sub-section shall by warrant under his hand, discharge the person arrested, and may 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 making of such complaint and 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": 25
},
{
"act_id": 310,
"details": "26. (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": 26
},
{
"act_id": 310,
"details": "27. (1) On the presentation to any Court, by or on behalf of any officer or sailor, of a certificate, from the proper naval 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 naval 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 and shall be duly signed and authenticated by such authority. (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, and every such certificate duly signed or authenticated as aforesaid shall be conclusive evidence of the correctness of the contents thereof. (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) Every criminal Court before which a case is pending against any officer or sailor shall, so far as may be possible, arrange for the early hearing and final disposal of such case. (6) If in any case a question arises as to the proper naval authority qualified to grant such certificate as aforesaid, such question shall be at once referred by the Court to an officer, commanding a naval ship or establishment, or to a superior naval authority, whose decision shall be final.",
"name": "Priority in respect of naval personnel’s litigation",
"related_acts": "",
"section_id": 27
},
{
"act_id": 310,
"details": "28. 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 Ordinance 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": 28
},
{
"act_id": 310,
"details": "29. Every flag officer, captain or other person subject to this Ordinance who, being in command of any of the naval ships, naval vessels or naval establishments- (a)\tfails to use his utmost exertions to bring into action any such ship, vessel or establishment which it is his duty to bring into action; (b)\tsurrenders any such ship, vessel or establishment to the enemy when it is capable of being successfully defended or destroyed. (c)\tfails to pursue any enemy whom it is his duty to pursue, or to assist to the utmost of his ability any friend whom it is his duty to assist ; or (d)\tin the case of any action by or against the enemy, improperly withdraws from the action or from his station, or fails in his own person and according to his rank to encourage the persons under his command to fight courageously; shall be liable, if the offence is committed with intent to assist the enemy, to suffer death ; and in any other case to suffer long imprisonment.",
"name": "Misconduct in action by persons in command",
"related_acts": "",
"section_id": 29
},
{
"act_id": 310,
"details": "30. Every person subject to this Ordinance who, not being in command of any of the naval ships, naval vessels or naval establishments, fails when ordered to prepare for action by or against the enemy, or during any such action, to use his utmost exertions to carry the lawful orders of his superior officers into execution shall be liable, if the offence is committed with intent to assist the enemy, to suffer death, and in any other case, to suffer long imprisonment.",
"name": "Misconduct in action by other officers and men",
"related_acts": "",
"section_id": 30
},
{
"act_id": 310,
"details": "31. Every person subject to this Ordinance who wilfully delays or discourages upon any pretext whatsoever, any action or service which has been commanded on the part of any of the Bangladesh forces or of any forces co-operating therewith, be liable, if the offence is committed with intent to assist the enemy, to suffer death, and in any other case, to suffer long imprisonment.",
"name": "Obstruction of operations",
"related_acts": "",
"section_id": 31
},
{
"act_id": 310,
"details": "32. Every person subject to this Ordinance who- (a)\tcommunicates with or gives intelligence to the enemy; (b)\tfails to make known to the proper authorities any information received by him from the enemy; (c)\tfurnishes the enemy with supplies of any description; or (d)\thaving been made a prisoner of war, serves with or aids the enemy in the prosecution of hostilities or of measures calculated to influence morale, or in any other manner whatsoever, not authorised by international usage; shall be liable, if the offence is committed with intent to assist the enemy, to suffer death, and in any other case, to suffer long imprisonment.",
"name": "Corresponding with, supplying or serving with the enemy",
"related_acts": "",
"section_id": 32
},
{
"act_id": 310,
"details": "33. (1) Every person subject to this Ordinance who, being in the presence or vicinity of the enemy or under orders to be prepared for action by or against the enemy, abandons his post improperly or sleeps upon his watch, shall be liable to suffer long imprisonment. (2) Every person subject to this Ordinance who, not being in the presence or vicinity of the enemy or under such orders as aforesaid, abandons his post improperly or sleeps upon his watch, shall be liable to suffer short imprisonment.",
"name": "Sleeping on watch or abandoning post",
"related_acts": "",
"section_id": 33
},
{
"act_id": 310,
"details": "34. Every person subject to this Ordinance who neglects to perform or negligently performs any duty imposed on him shall be liable to be dismissed from the service.",
"name": "Neglect of duty",
"related_acts": "",
"section_id": 34
},
{
"act_id": 310,
"details": "35. In this Ordinance, mutiny means a combination between two or more persons subject to service law, or between persons two at least of whom are subject to service lawÔÇö (a) \tto overthrow or resist lawful authority in the armed forces of Bangladesh or any forces co-operating therewith or in any part of any of the said forces; (b)\tto disobey such authority in such circumstances as to make the disobedience subversive of discipline, or with the object of avoiding any duty or service, or in connection with operations against the enemy ; or (c) \tto impede the performance of any duty or service in the armed forces of Bangladesh or in any forces co-operating therewith, or in any part of any of the said forces.",
"name": "Definition of “Mutiny”",
"related_acts": "",
"section_id": 35
},
{
"act_id": 310,
"details": "36. (l) Every person subject to this Ordinance who- (a) \ttakes part in a mutiny involving the use of criminal force or the threat of the use of criminal force or having as its object or one of its objects the refusal or avoidance of any duty or service against or in connection with operations against, the enemy, or the impeding of the performance of any such duty or service, or (b)\tincites any person subject to service law to take part in such a mutiny, whether actual or intended, shall be liable to suffer death. (2) Every person subject to this Ordinance who takes part in a mutiny not described in the foregoing sub-section, or incites any person subject to service law to take part in such a mutiny, whether actual or intended, shall be liable to suffer long imprisonment. (3) Every person subject to this Ordinance who endeavours to seduce any person subject to service law from his duty or allegiance to the Government, shall be liable to suffer long imprisonment.",
"name": "Offences of mutiny",
"related_acts": "",
"section_id": 36
},
{
"act_id": 310,
"details": "37. Every person subject to this Ordinance who, knowing or having reason to believe that a mutiny is taking place or is intended,- (a)\tfails to use his utmost endeavours to suppress or prevent it; or (b)\tfails to report without delay that the mutiny is taking place or is intended, shall,- (i) \tif his offence was committed with intent to assist the enemy, be liable to suffer death; and (ii)\tin any other case, be liable to suffer long imprisonment.",
"name": "Failure to suppress mutiny",
"related_acts": "",
"section_id": 37
},
{
"act_id": 310,
"details": "38. Every person subject to this Ordinance who attempts to stir up any disturbance in a naval ship, naval vessel or naval establishment on the ground of unwholesomeness of food or upon any other ground, shall be liable to suffer long imprisonment.",
"name": "Attempt to stir up disturbance",
"related_acts": "",
"section_id": 38
},
{
"act_id": 310,
"details": "39. Every person subject to this Ordinance who uses criminal force to, commits an assault on, his superior officer, whether or not that officer is exercising authority as such, shall be liable to suffer long imprisonment.",
"name": "Using criminal force to superior officer",
"related_acts": "",
"section_id": 39
},
{
"act_id": 310,
"details": "40. Every person subject to this Ordinance who wilfully disobeys any lawful command of his superior officer (by whatever means communicated to him), shall be liable to suffer long imprisonment.",
"name": "Disobedience",
"related_acts": "",
"section_id": 40
},
{
"act_id": 310,
"details": "41. Every person subject to this Ordinance who uses threatening or insulting language to, or behaves with contempt to, his superior officer, shall, 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 any other case to suffer short imprisonment.",
"name": "Insubordinate behaviour",
"related_acts": "",
"section_id": 41
},
{
"act_id": 310,
"details": "42. Every person subject to this Ordinance who, neglects to obey or contravenes any provision of this Ordinance or any rule or regulation made under this Ordinance or any general or local order, shall, unless other punishment is provided in this Ordinance for such neglect or contravention, be liable to suffer short imprisonment.",
"name": "Violation of this Ordinance, rules, regulations and orders",
"related_acts": "",
"section_id": 42
},
{
"act_id": 310,
"details": "43. Every person subject to this Ordinance who- (a) \tfights or quarrels with any other person, whether subject to this Ordinance or not; (b) \tuses threatening, abusive, insulting or provocative words or behaviour likely to cause disturbance; (c)\tbeing concerned in any quarrel, affray or disorder, refuses to obey any officer, who orders him into arrest, or uses criminal force to or assaults any such officer; (d)\tuses criminal force to or assaults any person, whether subject to this Ordinance or not, in whose custody he is lawfully placed, and whether he is or is not his superior officer; or (e)\tresists any escort whose duty it is to apprehend him or to have him in charge, shall be liable to suffer short imprisonment.",
"name": "Fighting and quarrelling",
"related_acts": "",
"section_id": 43
},
{
"act_id": 310,
"details": "44. Every person subject to this Ordinance, who, wilfully obstructs or wilfully refuses, when called on to assist, any provost officer or any person (whether subject to this Ordinance or not) legally exercising authority under or on behalf of a provost officer, shall be liable to suffer short imprisonment. Explanation.-For the purposes of this section, a “provost officer” shall be deemed to include a provost-marshal appointed under this Ordinance or under the 20Army Act, 1952, or the 21Air Force Act, 1953, and any person legally exercising authority under him or on his behalf.",
"name": "Obstruction of provost officers",
"related_acts": "",
"section_id": 44
},
{
"act_id": 310,
"details": "45. A person is guilty of desertion within the meaning of this Ordinance if he leaves or fails to attend at his ship or place of duty with the intention of remaining permanently absent from duty without proper authority or if, having left or failed to attend at his ship or place of duty in any circumstances, he does any act with the like intention.",
"name": "Definition of desertion",
"related_acts": "",
"section_id": 45
},
{
"act_id": 310,
"details": "46. (1) Every person subject to this Ordinance who deserts shall- (a)\tif he commits the offence on active service or when under orders for active service, be liable to suffer long imprisonment; and (b)\tif he commits the offence under any other circumstances, be liable to suffer short imprisonment. (2) A person convicted of desertion shall, except so far as the naval tribunal by which he is tried or the Chief of Naval Staff may otherwise direct, forfeit all pay, bounty, salvage and allowances earned by him, all annuities, pensions and gratuities granted to him, and all clothes and effects left by him on board his ship or at his place of duty. (3) Every person subject to this Ordinance who incites any other person subject to service law to desert, or knowingly harbours any such deserter, shall be liable to suffer short imprisonment.",
"name": "Desertion",
"related_acts": "",
"section_id": 46
},
{
"act_id": 310,
"details": "47. Every person subject to this Ordinance who, without being guilty of desertion,- (a) \tabsents himself without leave; (b) \timproperly leaves his ship or place of duty; or (c)\tincites any other person subject to service law to absent himself without leave or improperly to leave his ship or place of duty, shall be liable to suffer short imprisonment.",
"name": "Absence without leave",
"related_acts": "",
"section_id": 47
},
{
"act_id": 310,
"details": "48. Every person subject to this Ordinance, who knowing that any other person subject to service law has deserted, absented himself without leave, or improperly left his ship or place of duty, or is attempting to desert, to absent himself without leave or improperly to leave his ship or place of duty,- (a)\tfails to report the fact without delay; or (b)\tfails to take any steps within his power to cause that person to be apprehended, shall be liable to suffer short imprisonment.",
"name": "Failure to report deserters and absentees",
"related_acts": "",
"section_id": 48
},
{
"act_id": 310,
"details": "49. Every person subject to this Ordinance who, either wilfully or by negligence- (a)\tcauses or allows to be lost, stranded or hazarded any of the naval ships or vessels; or (b)\tcauses or allows to be lost or hazarded any of Government's aircraft, shall be liable, if he acts wilfully or with wilful neglect, to suffer long imprisonment, and in any other case to short imprisonment.",
"name": "Loss or hazarding of ship or aircraft",
"related_acts": "",
"section_id": 49
},
{
"act_id": 310,
"details": "50. Every person subject to this Ordinance who is 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, shall be liableÔÇö (a)\tif he acts wilfully or with wilful neglect, to suffer long imprisonment; and (b)\tin any other case to suffer short imprisonment.",
"name": "Dangerous flying",
"related_acts": "",
"section_id": 50
},
{
"act_id": 310,
"details": "51. Every person subject to this Ordinance who, being the pilot of one of the Government's aircraft, flies it at a height less than such height as may be provided by any regulations issued under the authority of the Government, except- (a)\twhile taking off or alighting; or (b)\tin such other circumstances as may be so provided, shall be liable to suffer short imprisonment.",
"name": "Low flying",
"related_acts": "",
"section_id": 51
},
{
"act_id": 310,
"details": "52. Every person subject to this Ordinance who, being the pilot of one of the Government's aircraft, flies it so as to cause, or to be likely to cause, unnecessary annoyance to any person shall be liable to be dismissed from the service.",
"name": "Annoyance by flying",
"related_acts": "",
"section_id": 52
},
{
"act_id": 310,
"details": "53. Every person subject to this Ordinance who being in command of any of the naval ships, naval vessels or aircraft,- (a)\thaving taken any ship, vessel or aircraft as prize, fails to send to 22the 23High Court Division or to some other prize Court having jurisdiction in the case, all the ship papers or aircraft papers, as the case may be, found on board; (b)\tunlawfully makes any agreement for ransoming of any ship, vessel, aircraft or goods taken as prize; or (c)\tin pursuance of any such agreement as aforesaid, or otherwise by collusion, restores or abandons any ship, vessels, aircraft or goods taken as prize; shall be liable to suffer long imprisonment.",
"name": "Prize offences by commanding officers",
"related_acts": "",
"section_id": 53
},
{
"act_id": 310,
"details": "54. Every person subject to this Ordinance who- (a)\tstrikes or otherwise ill-treats any person who is on board a ship, vessel or aircraft when taken as prize, or unlawfully takes from any such person anything in his possession; (b)\tremoves out of any ship, vessel or aircraft taken as prize (otherwise than as safe keeping or for necessary use and service of any of the forces) any goods not previously adjudged by a prize Court to be lawful prize; or (c) \tbreaks bulk on board any ship, vessel or aircraft taken as prize, or detained in exercise of any belligerent right or under any enactment, with intent to commit breach of trust or dishonestly misappropriates anything therein, shall be liable to suffer long imprisonment.",
"name": "Other prize offences",
"related_acts": "",
"section_id": 54
},
{
"act_id": 310,
"details": "55. Every person subject to this Ordinance who makes or signs, without having ensured its accuracy, a certificate relating to any matter affecting the seagoing or fighting efficiency of any of the naval ships or naval vessels, or any certificate relating to any of the Government's aircrafts or aircraft material, shall be liable to suffer short imprisonment.",
"name": "Inaccurate certification",
"related_acts": "",
"section_id": 55
},
{
"act_id": 310,
"details": "56. Every person subject to this Ordinance who, being in command of any of the naval ships, naval vessels or aircraft without lawful authority- (a)\treceives or permits to be received on board the ship, vessel or aircraft any goods or merchandise intended for disposal or delivery by way of trade or business (whether on his own account or on account of any other person), not being merchandise received in the course of salvage; or (b)\tagrees to convey any goods or merchandise on board the ship, vessel or aircraft in consideration of the payment of freight, or demands or receives any payment in respect of such carriage, shall be liable to be dismissed from the service.",
"name": "Improper carriage of goods",
"related_acts": "",
"section_id": 56
},
{
"act_id": 310,
"details": "57. Every person subject to this Ordinance who- (a)\tfalsely pretends to be suffering from sickness or disability, (b)\tinjures himself with intent thereby to render himself unfit for service, or causes himself to be injured by any person with that intent, or (c)\twith intent to render or keep himself unfit for service, does or fails to do anything (whether at the time of the act or omission he is in hospital or not) whereby he produces, or prolongs or aggravates, any sickness or disability, shall be liable to suffer short imprisonment. Explanation.- In this section the expression “unfit” includes temporarily unfit.",
"name": "Malingering",
"related_acts": "",
"section_id": 57
},
{
"act_id": 310,
"details": "58. A person is in a state of intoxication within the meaning of this Ordinance if owing to the influence of alcohol or any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty which he might be called upon to perform, or behaves in a disorderly manner or in a manner likely to bring discredit on the service.",
"name": "Definition of intoxication",
"related_acts": "",
"section_id": 58
},
{
"act_id": 310,
"details": "59. (1) Every person subject to this Ordinance, who is found in a state of intoxication- (a)\tif the offence is committed while on active service or under orders of active service or on duty, shall be liable to suffer short imprisonment; and (b)\tif the offence is committed under any other circumstances, (i)\tif he is an officer, shall be liable to be dismissed from service; and (ii)\tif he is a sailor, shall be liable to suffer detention.",
"name": "Offences of intoxication",
"related_acts": "",
"section_id": 59
},
{
"act_id": 310,
"details": "60. Every person subject to this Ordinance who,- (a)\tunnecessarily detains a person in custody without bringing him to trial, or fails to bring his case before the proper authority for investigation; or (b)\thaving committed a person to naval 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 be liable to suffer short imprisonment.",
"name": "Irregularity in connection with custody",
"related_acts": "",
"section_id": 60
},
{
"act_id": 310,
"details": "61. Every person subject to this Ordinance, who, being in lawful custody, escapes or attempts to escape, shall be liable to suffer short imprisonment.",
"name": "Escape from custody",
"related_acts": "",
"section_id": 61
},
{
"act_id": 310,
"details": "62. Every person subject to this Ordinance who,- (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 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": 62
},
{
"act_id": 310,
"details": "63. Every person subject to this Ordinance who commits any of the following offences, that is to say- (a)\tcommits theft of any property belonging to the Government, or to any service mess, band or institution or to any person subject to service law, or serving with or attached to the navy; (b)\tdishonestly misappropriates or converts to his own use any such property; (c)\tcommits criminal breach of trust in respect of any such property; (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; (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 be liable to suffer long imprisonment.",
"name": "Theft and dishonest misappropriation, etc.",
"related_acts": "",
"section_id": 63
},
{
"act_id": 310,
"details": "64. Every person subject to this Ordinance who makes away with (whether by pawning, selling, destroying or in any other way) or loses or by negligence damages or allows to be damaged- (a)\tany clothing, arms, ammunition or other equipment issued to him for his use for naval purposes; or (b)\tany military, naval or air force decoration granted to him, shall be liable to suffer short imprisonment. Explanation- It shall be a defence for a person charged under this section with losing any property that he took reasonable steps for its care and preservation.",
"name": "Making away with equipment, etc.",
"related_acts": "",
"section_id": 64
},
{
"act_id": 310,
"details": "65. Every person subject to this Ordinance who,- (a)\tloses any Government or service property of which he has the charge or which has been entrusted to his care, or which forms part of property of which he has the charge or which has been entrusted to his care; (b)\tby negligence destroys or damages any Government or service property or allows any such property to be destroyed or damaged; or (c)\twastefully expends any such property, shall be liable to suffer short imprisonment. Explanation.- It shall be a defence for a person charged under this section with losing any property that he took reasonable steps for its care and preservation.",
"name": "Loss and waste of Government and service property",
"related_acts": "",
"section_id": 65
},
{
"act_id": 310,
"details": "66. Every person subject to this Ordinance who without lawful authority wilfully discloses or purports to disclose whether orally, in writing, by signal or by any other means whatsoever, any information which has been entrusted in confidence to him or to which he has access owing to his position shall be liable to suffer short imprisonment.",
"name": "Unauthorised disclosure of information",
"related_acts": "",
"section_id": 66
},
{
"act_id": 310,
"details": "67. Every person subject to this Ordinance who,- (a)\tmakes or signs any muster, record or other official document which is to his knowledge false in a material particular; (b)\talters any such document so that it is to his knowledge false in a material particular; or (c)\tconnives at the commission by another person subject to this Ordinance of an offence against this section (whether or not he knows the nature of the document in relation to which that offence is committed), shall be liable to suffer short imprisonment.",
"name": "Falsification of documents",
"related_acts": "",
"section_id": 67
},
{
"act_id": 310,
"details": "68. Every person subject to this Ordinance who,- (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 be liable to suffer short imprisonment.",
"name": "Signing in blank and failure to report",
"related_acts": "",
"section_id": 68
},
{
"act_id": 310,
"details": "69. Every person having become subject to this Ordinance by enrolment who is discovered to have made at the time of his enrolment a wilfully false answer to any question set forth in the prescribed form of enrolment, shall be liable to suffer short imprisonment.",
"name": "False answers on enrolment",
"related_acts": "",
"section_id": 69
},
{
"act_id": 310,
"details": "70. Every officer subject to this Ordnance who behaves in a manner unbecoming his position and the character expected of him, shall be liable to be dismissed from the service.",
"name": "Unbecoming conduct by officers",
"related_acts": "",
"section_id": 70
},
{
"act_id": 310,
"details": "71. Every person subject to this Ordinance who is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind, shall be liable to suffer short imprisonment.",
"name": "Disgraceful conduct",
"related_acts": "",
"section_id": 71
},
{
"act_id": 310,
"details": "72. Every person subject to this Ordinance who,- (a)\tmakes a false accusation against any person subject to this Ordinance knowing or having reason to believe such accusation to be false; or (b)\tin making a complaint under section 23 makes any statement affecting the character of any person subject to this Ordinance, knowing or having reason to believe such statement to be false; or knowingly and wilfully suppresses any material facts, shall be liable to suffer short imprisonment.",
"name": "False accusation",
"related_acts": "",
"section_id": 72
},
{
"act_id": 310,
"details": "73. (1) Every person subject to this Ordinance who,- (a)\thaving been duly summoned or ordered to attend before a court-martial, fails to comply with the summons or order; (b)\trefuses to take an oath or make an affirmation when duly required by a court-martial to do so; (c)\trefuses to produce any document in his custody or under his control which a court-martial has lawfully required him to produce; (d)\twhen a witness, refuses to answer any question which a court-martial has lawfully required him to answer; (e) \twilfully insults any person, being a member of a court- martial or a witness or any other person whose duty it is to attend on or before the court, while that person is acting as a member thereof or is so attending, or while that person is going to or returning from the proceedings of the court; or (f)\twilfully interrupts the proceedings of a court-martial, or otherwise misbehaves before the court, shall be liable to suffer short imprisonment. (2) Where an offence against sub-section (1) is committed in relation to a court-martial and the court is of opinion that it is expedient that the offender should be dealt with summarily by the court instead of being brought to trial before another court- martial, the court may by order under the hand of its president sentence him to imprisonment or (except in the case of an officer) detention, for a term not exceeding twenty-one days.",
"name": "Offences in relation to courts-martial",
"related_acts": "",
"section_id": 73
},
{
"act_id": 310,
"details": "74. Every person subject to this Ordinance who, having been lawfully sworn or affirmed as a witness or as an interpreter in proceedings before a court-martial or before any board or person having power by virtue of this Ordinance to administer an oath or affirmation, makes a statement material in those proceedings which he knows to be false or does not believe to be true, shall be liable to suffer long imprisonment.",
"name": "False evidence",
"related_acts": "",
"section_id": 74
},
{
"act_id": 310,
"details": "75. Every person subject to this Ordinance who is guilty of any act, disorder or neglect to the prejudice of good order and naval discipline not described in the foregoing provisions of this Ordinance, shall be liable to suffer short imprisonment.",
"name": "Conduct to the prejudice of naval discipline",
"related_acts": "",
"section_id": 75
},
{
"act_id": 310,
"details": "76. Every person subject to this Ordinance who attempts to commit any of the offences specified in the foregoing provisions of this Ordinance, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence shall, where no express provision is made by this Ordinance for the punishment of such attempt be liable,- (a) if the offence attempted to be committed is punishable with death, to suffer long imprisonment; (b) 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; and (c) \tif the offence attempted to be committed is punishable with dismissal from the service, to suffer any punishment lower than dismissal in the scale of punishments provided in section 80.",
"name": "Attempts to commit naval offence",
"related_acts": "",
"section_id": 76
},
{
"act_id": 310,
"details": "77. Every person subject to this Ordinance who abets the commission of any of the offences specified in the foregoing provisions of this Ordinance shall, whether the act abetted is committed or not in consequence of the abetment and where no express provision is made by this Ordinance for the punishment of such abetment, be liable to suffer the punishment provided for that offence.",
"name": "Abetment of offences",
"related_acts": "",
"section_id": 77
},
{
"act_id": 310,
"details": "78. (1) Subject to the provisions of section 79 every person subject to this Ordinance who at any place in or beyond Bangladesh commits any civil offence shall be deemed to be guilty of an offence against this Ordinance and, if charged therewith under this section, shall be liable to be tried by a naval tribunal, and, on conviction, be punishable as follows, that is to say,- (a) \tif the offence is one which would be punishable under the 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 Ordinance 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)\tin 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 Ordinance mentioned. (2) A person subject to this Ordinance may be charged with an offence under this section notwithstanding that he could on the same facts be charged with an offence under any other section of this Ordinance. (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 triable by naval tribunal",
"related_acts": "",
"section_id": 78
},
{
"act_id": 310,
"details": "79. A person subject to this Ordinance who commits an offence of murder against a person not subject to service law, or of culpable homicide not amounting to murder against such a person, or of rape in relation to such a person, shall be deemed to be guilty of an offence under this Ordinance and shall be tried by a naval tribunal, provided he commits any of the said offences,- (a)\twhile on active service; (b)\tat any place outside Bangladesh; or (c)\tat any place specified by the Government by notification in this behalf.",
"name": "Civil offences triable by naval tribunal under special circumstances",
"related_acts": "",
"section_id": 79
},
{
"act_id": 310,
"details": "80. (1) Subject to the provisions of this and the next following section, the following are the punishments which may be awarded to persons convicted of offences under this Ordinance that is to say:- (a)\tdeath, (b) \tlong imprisonment, (c) \tshort imprisonment, (d) \tdismissal from the service, (e) \tdetention, (f) \tforfeiture of seniority in rank in the case of officers, (g) \tforfeiture of time for promotion in case of subordinate officers, (h)\t 24disranking, 25(hh) \tfine, (i)\tPenal deductions, (j)\tsevere reprimand or reprimand, (k)\tsuch minor punishments as may be prescribed. (2) In its application to a convicted person who is an officer, sub-section (1) shall have effect as if clauses (e), (h) and (k) thereof were omitted; and in its application to a convicted person who is a sailor that sub-section shall have effect as if clauses (f), (g) and (j) thereof were omitted.",
"name": "Scale of punishments",
"related_acts": "",
"section_id": 80
},
{
"act_id": 310,
"details": "81. (1) A sentence of imprisonment shall involve,- (a) \tin all cases, stoppage of pay during the term of imprisonment; (b) \tin the case of an officer, dismissal from the service; (c) \tin the case of a sailor, 26disranking and deprivation of good conduct badges and may be accompanied by a sentence of dismissal from the service. (2) The sentence of dismissal from the service may be accompanied by a sentence of forfeiture of all or any part of the pay, bounty, salvage and allowances earned by, and of all annuities and medals, granted to the offender: Provided that the forfeiture shall not apply, except in the case of deserters, to moneys which should have been paid on the last pay day preceding conviction. (3) The punishment of dismissal from the service shall in the case of persons who hold any lien on appointments in the army or air force or civil service, involve dismissal from such army, air force or civil service. (4) Detention may be awarded for any term not exceeding six months; and a sentence of detention shall in all cases involve stoppage of pay during the term of detention, and 27disranking. (5) The punishment of forfeiture of seniority shall be imposed in the substantive rank held at the date of the sentence, and shall involve a corresponding forfeiture of seniority in every higher acting rank subject always to the condition that forfeiture of seniority in any rank shall in no case exceed the seniority in that rank at the date of the sentence. (6) The punishment of forfeiture of seniority shall involve the loss of the benefit of service included in the seniority forfeited for the purposes of pension, gratuity, promotion and such other purposes, as may be prescribed, provided that such pension, gratuity and promotion and other purposes depend upon such service. (7) The punishment of forfeiture of time for promotion shall delay the promotion by the time specified. (8) A sentence of 28disranking may reduce the offender to any 29rank not lower than that prescribed, in relation to persons of the class to which he belongs, and references in sub-sections (1) and (4) to 30disranking are references to reduction to the 31rank so prescribed. (9) Penal deductions mean deductions as specified hereinafter in this Ordinance and may accompany a sentence of imprisonment. (10) Subject to the provisions of this Ordinance a naval tribunal may, on conviction, award either the punishment specified by this Ordinance as the penalty for an offence, or in lieu thereof, any one or more of the punishments inferior in degree to the specified punishment, according to the scale of punishments laid down in sub-section (1) of section 80.",
"name": "Provision as to award of punishment",
"related_acts": "",
"section_id": 81
},
{
"act_id": 310,
"details": "82. Subject to the provisions of this Chapter following deductions may be made from the pay and allowances of an officer or sailor without recourse to trial by a naval tribunal, namely:- (a)\tall pay and allowances for every day of absence without leave unless a satisfactory explanation is given to the commanding officer and approved, in case of officers, by the Chief of Naval Staff; (b)\tall pay and allowances, for every day while he is in civil or naval custody or under suspension from duty on a charge for an offence of which he is afterwards convicted by a naval tribunal or a criminal Court and sentenced to imprisonment; (c)\tall pay and allowances for every day while he is in hospital on account of sickness certified by the prescribed medical officer to have been caused by an act amounting to an offence punishable under this Ordinance: Provided that such certificate is accepted by the Chief of Naval Staff or, in case of a sailor, by the prescribed officer; (d)\tany sum required to make good any loss, damage or destruction of Government or service property which after due investigation appears to the Chief of Naval Staff or the prescribed officer to have been occasioned by the wrongful act or negligence on the part of the officer or sailor as the case may be: Provided that the total deductions made under this clause shall not in any case exceed his pay and allowances for three months; (e)\tany sum which after due investigation appears to the prescribed officer to be due to a service mess or canteen; and (f)\tany sum which a criminal Court or the Government orders him to pay for the maintenance of his wife or legitimate or illegitimate children.",
"name": "Deductions from pay and allowances of officers and sailors",
"related_acts": "",
"section_id": 82
},
{
"act_id": 310,
"details": "83. Except when the deductions are made under clauses (a) and (b) of the last preceding section, the total deductions from the pay and allowances of an officer or sailor shall not exceed in any one month one-half of his pay and allowances for that month.",
"name": "Limit of certain deductions",
"related_acts": "",
"section_id": 83
},
{
"act_id": 310,
"details": "84. In the case of any person subject to this Ordinance who is in naval or civil custody on a charge for an offence, the proscribed 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: Provided that no part of the pay and allowances shall be withheld in the absence of any such direction.",
"name": "Pay and allowances during trial",
"related_acts": "",
"section_id": 84
},
{
"act_id": 310,
"details": "85. Any sum authorised by this Ordinance 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 money due to him from Government other than a pension.",
"name": "Deduction from money due to a person",
"related_acts": "",
"section_id": 85
},
{
"act_id": 310,
"details": "86. Where the conduct of any person subject to this Ordinance when being taken prisoner by, or while in the hands of, the enemy, is to be inquired into under this Ordinance or any other law, the Chief of Naval 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": 86
},
{
"act_id": 310,
"details": "87. (1) Any deductions from the pay and allowances authorised by or under this Ordinance may be remitted by the Chief of Naval Staff, in his discretion. (2) Such deductions may also be remitted in such manner and to such extent and by such authority as may be prescribed.",
"name": "Remission of deductions",
"related_acts": "",
"section_id": 87
},
{
"act_id": 310,
"details": "88. (1) It shall be lawful for proper provision to be made by the prescribed authorities for any dependants of any person subject to this Ordinance, who is a prisoner of war or is missing of his pay and allowances. (2) For the purpose of this section, 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 86, and if he is dismissed from the service in consequence of such conduct, until the date of such dismissal.",
"name": "Provision for dependants of prisoner of war from his pay and \tallowances",
"related_acts": "",
"section_id": 88
},
{
"act_id": 310,
"details": "89. (1) It shall be the duty of every person subject to this Ordinance who knows or has reasonable grounds for suspecting that another person subject thereto is committing or has committed an offence under this Ordinance to take all reasonable steps within his power to cause that person to be brought to justice. (2) The following persons shall have power to arrest a person subject to this Ordinance who is found committing or is alleged to have committed or is reasonably suspected of having committed any such offence as aforesaid, that is to say:- (a)\tin case of an officer, an officer subject to this Ordinance who is his superior officer, or, if the person to be arrested is engaged in a quarrel, affray or disorder, any officer subject to this Ordinance; (b)\tin the case of a sailor, an officer subject to this Ordinance, 32master chief petty officer, chief petty officer, petty officer or a leading sailor subject to this Ordinance who is of superior 33rank or senior to him in the same 34rank, and any sailor exercising the authority as a member of the regulating staff or as a member of the staff of the officer of the watch; (c)\tin any case, a provost officer or any officer or person legally exercising authority under or on behalf of a provost officer: Provided that an officer shall not be arrested by virtue of clause (c) except on the order of another officer. (3) Any power of arrest under this section may be exercised either personally or by ordering into arrest the person to be arrested or by giving orders for that person's arrest.",
"name": "Duty to bring offenders to justice and powers of arrest",
"related_acts": "",
"section_id": 89
},
{
"act_id": 310,
"details": "90. (1) Where any person subject to this Ordinance is placed under arrest, it shall be the duty of his commanding officer to ensure that as soon as may be either the proceedings are taken for his trial or he is released from arrest. (2) Every person subject to this Ordinance who has been taken into naval custody and kept under close arrest shall be produced before his commanding officer within a period of 48 hours of such arrest, excluding the time necessary for the journey from the place of arrest to the commanding officer, and no such person shall be detained in custody beyond the said period without authority of the commanding officer. (3) Whenever any person subject to this Ordinance having been taken into naval custody, remains, under close arrest for a period longer than eight days without being tried summarily or a Court for his trial being ordered to assemble, a special report on the necessity for further delay shall be made by his commanding officer to the Chief of Naval Staff and a similar report shall be so made every eight days until the person under arrest is released from arrest or tried summarily or such a Court is ordered to assemble.",
"name": "Provision for avoiding delay after arrest",
"related_acts": "",
"section_id": 90
},
{
"act_id": 310,
"details": "91. (1) The commanding officer shall be responsible for the safe custody of every person who is in naval custody on board his ship or in his establishment. (2) The officer or sailor in charge of a guard, or a provost marshal shall receive and keep any person who is duly committed to his custody.",
"name": "Duty to receive or keep in custody",
"related_acts": "",
"section_id": 91
},
{
"act_id": 310,
"details": "92. Subject to the provisions of this Ordinance the procedure before trial and the manner of investigation shall be as prescribed.",
"name": "Procedure before trial",
"related_acts": "",
"section_id": 92
},
{
"act_id": 310,
"details": "93. (1) A warrant for the arrest of a person suspected of any offence under this Ordinance may be issued in the prescribed form by the Chief of Naval Staff, his commanding officer or any other officer empowered by the Chief of Naval Staff in this behalf, and it shall be executed as if it has been issued by a Magistrate of competent jurisdiction. (2) Every person, to whom such a warrant is issued, shall take steps to execute the warrant and arrest the offender and shall, as soon as may be, arrest the person and deliver him into naval custody. (3) A person authorised to arrest an offender may use such force as may be necessary for the purpose of affecting such arrest.",
"name": "Arrest under warrants of naval authorities",
"related_acts": "",
"section_id": 93
},
{
"act_id": 310,
"details": "94. (1) Provost-marshals may be appointed by the Chief of Naval 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 Navy. (3) A provost-marshal may at any time arrest and detain for trial any person subject to this Ordinance who commits, or is charged with, an offence, and may also carry into effect any punishment to be inflicted in pursuance of the sentence awarded by a naval tribunal 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. Explanation.- For the purposes of sub-sections (2) and (3), a “provost-marshal” shall be deemed to include a provost-marshal appointed under the 35Army Act, 1952, or the 36Air Force Act, 1953, and any person legally exercising authority under him or on his behalf.",
"name": "Provost-Marshals",
"related_acts": "",
"section_id": 94
},
{
"act_id": 310,
"details": "95. (1) An offence triable under this Ordinance shall be tried by a naval tribunal, namely:- (a)\tgeneral court-martial, (b)\tdistrict court-martial, (c)\tsummary general court-martial, (d)\tcommanding officer, or such other officer or authority exercising powers of summary trial and punishment as may be prescribed. (2) A trial by a naval tribunal under the provisions of this Ordinance shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the 37Penal Code, and the naval tribunal shall be deemed to be a Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898.",
"name": "Naval tribunal",
"related_acts": "75",
"section_id": 95
},
{
"act_id": 310,
"details": "96. (1) A general court-martial may be convened by the Chief of Naval Staff or any prescribed officer empowered in this behalf and to such extent as may be specified in the warrant issued under the hand of the Chief of Naval Staff. (2) A general court-martial shall have an officer not below the substantive rank of Commander as president and shall have power to try any person subject to this Ordinance for any offence punishable therein and to pass any sentence authorised thereby.",
"name": "General court-martial",
"related_acts": "",
"section_id": 96
},
{
"act_id": 310,
"details": "97. (1) A district court-martial may be convened by any authority having power to convene a general court-martial or any prescribed officer empowered in this behalf and to such extent as may be specified in the warrant issued under the hand of the Chief of Naval Staff. (2) A district court-martial shall have an officer not below the substantive rank of lieutenant Commander as president and shall have power to try any person subject to this Ordinance, who is of the rank of lieutenant or below or a sailor, and to pass any sentence authorised by this Ordinance not exceeding,- (a)\tin the case of an officer, forfeiture of seniority in rank or forfeiture of time for promotion for a period of one year; and (b)\tin the case of a sailor, short imprisonment.",
"name": "District court-martial",
"related_acts": "",
"section_id": 97
},
{
"act_id": 310,
"details": "98. (1) A summary general court-martial may be convened- (a)\tby any authority having power to convene a general court-martial or any prescribed officer empowered in this behalf and to such extent as may be specified in the warrant issued under the hand of the Chief of Naval Staff. (b)\ton active service, by an officer commanding a flotilla or squadron not below the substantive rank of Commander, if in the opinion in writing of such officer commanding which opinion shall be final, it is not practicable, having regard to discipline and the exigencies of the service, to try the alleged offender by a general or district court-martial. (2) A summary general court-martial shall have an officer not below the substantive rank of a lieutenant Commander as president and shall have power to try any person subject to this Ordinance for any offence punishable therein and to pass any sentence authorised thereby.",
"name": "Summary general court-martial",
"related_acts": "",
"section_id": 98
},
{
"act_id": 310,
"details": "99. (1) A court-martial shall consist of such number of officers of any branch of the Bangladesh Navy, who have held commissions for a period of not less than three years and who are of or above the rank of lieutenant as the authority ordering the court-martial may fix, subject to the following limits, namely:- (a)\ta general court-martial shall consist of not less than five and not more than nine such officers; (b)\ta district court-martial shall consist of not less than three and not more than seven such officers; and (c)\ta summary general court-martial shall consist of not less than three and not more than five such officers. (2) The president and other members of a court-martial, and such spare members as the authority ordering the court-martial considers appropriate for the purpose of filling vacancies, shall be nominated by that authority. (3) The officer who orders a court-martial shall not be a member of the court-martial; and no court-martial shall consist of officers all of whom belong to the same ship or naval establishment. (4) A court-martial for the trial of an officer shall not include more than one member, who is below the rank of such officer.",
"name": "Composition of courts-martial",
"related_acts": "",
"section_id": 99
},
{
"act_id": 310,
"details": "100. (1) Every general court-martial shall, and every district or summary 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. (2) No general court-martial, and no district or summary general court-martial to which a judge advocate has been appointed shall proceed with the trial in the absence of the judge advocate.",
"name": "Judge Advocate",
"related_acts": "",
"section_id": 100
},
{
"act_id": 310,
"details": "101. (1) If at any time after a court-martial has been sworn and before the president has signed the finding and sentence, if any, the president or the judge advocate dies or is otherwise unable to attend, the court shall be dissolved. (2) The proceedings of a court-martial shall be valid notwithstanding the absence of one or more of the members other than the president, so long as the number of members present throughout the proceedings is not reduced below the minimum required by this Ordinance to constitute the court; otherwise the court shall be dissolved. (3) Where any member is absent the court shall be adjourned, unless it is allowed to proceed without such member by the convening authority, in which case such member shall not at any subsequent stage sit on that court. (4) 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. (5) Where a court-martial is dissolved under this section the accused may be tried by a court-martial constituted afresh.",
"name": "Quorum and dissolution of courts-martial",
"related_acts": "",
"section_id": 101
},
{
"act_id": 310,
"details": "102. (1) Subject to the provisions of this section, a sailor may be summarily tried by the officer in command of the naval ship or naval establishment to which the offender belongs either at the time of the commission of the offence or at the time of the trial, and may be awarded such punishment as may be prescribed. (2) This section applies to every offence under this Ordinance other than an offence punishable with death. (3) A commanding officer shall not have power under this section to award a sentence of imprisonment or detention for any term exceeding three months. (4) The power conferred by sub-section (1) on the officer in command of a ship or establishment may, subject to rules be exercised,- (a)\tin respect of persons on board a single tender or boat which is absent from the ship or establishment on detached service, by the officer in command of that tender or boat; (b)\tin respect of persons on board any one of two or more tenders or boats which are absent as aforesaid on detached service in company or acting together, by the officer in immediate command of those tenders or boats; (c)\tin respect of other persons absent from the ship or establishment on detached service either on shore or elsewhere, by the officer in immediate command of those persons; and (d)\tin respect of 38sailors attached to or serving with any body of the regular army or the air force under prescribed conditions, by the commanding officer of any such body. (5) The power conferred on any officer by sub-section (1) or sub-section (4) may be delegated by that officer to any other officer to such extent and subject to such conditions as may be prescribed.",
"name": "Powers of commanding officers in respect of summary trial",
"related_acts": "",
"section_id": 102
},
{
"act_id": 310,
"details": "103. The Chief of Naval Staff or any prescribed officer empowered by him in this behalf may in the prescribed manner and to such extent as may be specified by the Chief of Naval Staff, summarily try an officer of the rank of lieutenant or below charged with an offence under this Ordinance and award any punishment authorised by this Ordinance not exceeding forfeiture of seniority in rank or forfeiture of time for promotion for a period of six months.",
"name": "Powers of other authorities in respect of summary trial",
"related_acts": "",
"section_id": 103
},
{
"act_id": 310,
"details": "104. Any person subject to this Ordinance and charged with an offence under this Ordinance may be tried and punished at any place whatsoever.",
"name": "Place of trial",
"related_acts": "",
"section_id": 104
},
{
"act_id": 310,
"details": "105. (1) Save as provided in sub-section (2), no trial by naval tribunal of any person subject to this Ordinance for any offence shall be commenced after the expiration of a period of three years from the date of the commission 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 relating to mutiny. (3) In computing 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 alleged commission of the offence, shall be excluded. (4) Notwithstanding anything contained in sub-section (2), no trial for an offence of desertion (other than desertion on active service) or of fraudulent enrolment shall be commenced, if the person concerned (not being an officer) has, subsequently to the alleged commission of the offence, served continuously in an exemplary manner for not less than three years with any portion of the armed forces.",
"name": "Period of limitation for trial",
"related_acts": "",
"section_id": 105
},
{
"act_id": 310,
"details": "106. (1) Subject to the provisions of this section, a person who has ceased to be subject to this Ordinance may be tried under this Ordinance for any offence committed while subject to this Ordinance and may for that purpose be arrested and kept in naval custody as if he had not ceased to be subject thereto. (2) Save as provided in sub-section (3), no such person as aforesaid shall be tried for an offence, unless his trial commences within six months of his ceasing to be subject to this Ordinance. (3) The provisions of sub-section (2) shall not apply to the trial of any such person as aforesaid for an offence of desertion or fraudulent enrolment or for any of the offences relating to mutiny. (4) Nothing contained in sub-section (2) shall affect the jurisdiction of a criminal Court to try any offence triable by such Court. (5) When a person subject to this Ordinance is sentenced by a naval tribunal to imprisonment, this Ordinance shall apply to him during the term of his sentence, though he is dismissed from the service or has otherwise ceased to be subject to this Ordinance, and he may be kept, removed, imprisoned and punished as if he has continued to be subject to the Ordinance. (6) When a person subject to this Ordinance is sentenced by a naval tribunal to death, this Ordinance shall apply to him till the sentence is carried out.",
"name": "Liability of offender who ceases to be subject to this Ordinance",
"related_acts": "",
"section_id": 106
},
{
"act_id": 310,
"details": "107. (1) When a criminal Court and naval tribunal both have jurisdiction in respect of a civil offence, it shall be in the discretion of the prescribed naval authority to decide whether the proceedings shall be instituted before the Court or tribunal and if that authority decides that they shall be instituted before a naval tribunal, to direct that the accused person shall be detained in naval custody. (2) Where it is decided to institute the proceedings before a naval tribunal under sub-section (1) but the criminal Court is of the opinion that proceedings ought to be instituted before itself, it may by written notice require the prescribed naval authority to postpone the proceedings pending the determination of the matter by the Government, and thereupon the proceedings shall be so postponed. (3) On receiving a notice under sub-section (2), the said authority shall, unless upon reconsideration it agrees that the proceedings shall be instituted before the criminal Court, forthwith refer the matter to the Government whose decision thereupon shall be final.",
"name": "Concurrent jurisdiction of naval tribunal and criminal Court",
"related_acts": "",
"section_id": 107
},
{
"act_id": 310,
"details": "108. (1) Where a person subject to this Ordinance is acquitted or convicted of an offence on trial by a naval tribunal, a criminal Court or a naval tribunal shall be debarred from trying him subsequently for the same offence. (2) Where a person subject to this Ordinance is acquitted or convicted of any offence on trial by a criminal Court, he shall not subsequently be tried under this Ordinance for the same offence; and no person so convicted shall, by reason of such conviction, be subjected to any loss or forfeiture of seniority or of 39rank, of privilege in respect of leave, or of pay or service (other than pay and service in respect of time spent in civil custody pending trial, or while attending his trial, or while serving any sentence of imprisonment, awarded by the criminal Court): Provided that nothing in this sub-section shall affect the power to discharge any person from the naval service as a person whose services are no longer required.",
"name": "Prohibition of second trial",
"related_acts": "",
"section_id": 108
},
{
"act_id": 310,
"details": "109. (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 in the presence of 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 appointed as members of the court shall, in the absence of the challenged officer, decide on the objection. (3) If objection is made in respect of the president, and allowed by one-half or more of the officers entitled to vote, the court shall adjourn until a new president is appointed by the convening authority. (4) If the objection is made in respect of any member of the court other than the president and allowed as specified above, the member objected to shall retire, and his vacancy shall be filled by the first officer nominated as a spare member, under sub-section (2) of section 99 who is qualified to be and is not already a member of the court. (5) When no objection is made, or objection made has been disallowed, or the place of every officer successfully objected to has been filled by another officer to whom no objection is made, or objection made is disallowed, the court shall proceed with the trial.",
"name": "Objections",
"related_acts": "",
"section_id": 109
},
{
"act_id": 310,
"details": "110. (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": "Administration of oath",
"related_acts": "",
"section_id": 110
},
{
"act_id": 310,
"details": "111. (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 summary general court-martial of all the members of the court. (2) In matters other than an objection under section 109 or a finding or a sentence, the president shall have a second or casting vote.",
"name": "Voting by members",
"related_acts": "",
"section_id": 111
},
{
"act_id": 310,
"details": "112. Where higher punishment for any offence under this Ordinance depends upon the intent with which or the circumstances in which the offender acts, and any person is charged with committing that offence with such intent or in such circumstances, he may be found guilty of committing that offence without such intent or circumstances and awarded lower punishment.",
"name": "Power to convict of mitigated offence",
"related_acts": "",
"section_id": 112
},
{
"act_id": 310,
"details": "113. (1) Where a person is charged with an offence under any provision of this Ordinance other than sections 78 and 79 but the offence is not proved, he may be found guilty of- (a)\tan attempt or abetment to commit the offence charged; or (b)\tan offence of the same class as the offence charged and not involving greater punishment. (2) Where a person is charged with a civil offence under sections 78 and 79 but that offence is not proved, he may be found guilty and convicted of any other civil offence of which he could be found guilty and convicted by a criminal Court in a trial for the same offence as he is charged with.",
"name": "Power to convict of alternative offence",
"related_acts": "",
"section_id": 113
},
{
"act_id": 310,
"details": "114. Subject to the provisions of this Ordinance, the rules of evidence generally followed in criminal Courts shall apply to proceedings before a court-martial.",
"name": "General rules as to evidence",
"related_acts": "",
"section_id": 114
},
{
"act_id": 310,
"details": "115. A court-martial shall take judicial notice of any matter generally within the knowledge of its members as officers of the navy.",
"name": "Judicial notice",
"related_acts": "",
"section_id": 115
},
{
"act_id": 310,
"details": "116. (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 subject to service law 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 may be served in such manner as may be prescribed or may be sent to the magistrate within whose jurisdiction he may be or resides and such magistrate shall cause service of the summons as if the witness were required to appear or produce the document or thing in his own Court. (4) When a witness is required to produce any particular document or thing the summons shall describe it with reasonable precision.",
"name": "Summoning of witnesses",
"related_acts": "",
"section_id": 116
},
{
"act_id": 310,
"details": "117. (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.",
"name": "Commission for the examination of witnesses",
"related_acts": "75,75",
"section_id": 117
},
{
"act_id": 310,
"details": "118. In any proceeding under this Ordinance, any application, certificate, warrant, reply or other document purporting to be signed by an officer in the service of the 40Republic 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": 118
},
{
"act_id": 310,
"details": "119. (1) Any enrolment paper purporting to be signed by an enrolling officer shall, in any proceedings under this Ordinance, be evidence that the person enrolled gave the answer which he is therein represented to have 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": 119
},
{
"act_id": 310,
"details": "120. (1) Where any 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; (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 military, naval 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 for the time being in force an offence, purports to have been signed by or on behalf of a Secretary to the Government, or by an officer of any of the headquarters of the armed forces or by the commanding officer or the officer having the custody of the records of any portion of those forces or of any ship or establishment of the Bangladesh Navy to which such person appears or alleges to belong or to have 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 have been published by the competent authority shall be evidence of the status, rank and appointment of the officer or warrant officer and also of the unit or branch of the service to which he belongs according as it is shown in the list or gazette. (3) Where a record made in any service book in pursuance of this Ordinance or of any rules made thereunder or otherwise in pursuance of duty purports to have been 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 have been certified as 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 Ordinance 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 Ordinance 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 have been 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 Ordinance. (8) If it is proved that a person charged with an offence under this Ordinance has absconded and that there is no immediate prospect of arresting him, the commanding officer or other prescribed person may, in his absence, examine any persons who might appear to him to be acquainted with the case and record their depositions on oath and any such deposition may on the arrest of such person be used in evidence against him in any proceeding under this Ordinance, if the deponent is dead or incapable of giving evidence, or his attendance cannot be procured without an amount of delay, expense or inconvenience which under the circumstances of the case would be unreasonable.",
"name": "Presumption as to certain documents",
"related_acts": "",
"section_id": 120
},
{
"act_id": 310,
"details": "121. (1) If at any trial, or other proceedings for desertion or absence without leave, 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 service of the 41Republic 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": 121
},
{
"act_id": 310,
"details": "122. (1) When any person subject to this Ordinance has been convicted by a court-martial of any offence, such court-martial may inquire into, and receive and record evidence of any previous conviction of such person, either by a court-martial held under this Ordinance or under any other enactment, or by a criminal Court, or of any previous award of punishment under sections 102 and 103 (to such extent as may be prescribed), 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": 122
},
{
"act_id": 310,
"details": "123. (1) Whenever, in the course of a trial by a court-martial, it appears to the court that the person charged is by reason or 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": 123
},
{
"act_id": 310,
"details": "124. 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 123, the officer commanding the ship or naval establishment 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 123, 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 123, 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": 124
},
{
"act_id": 310,
"details": "125. A copy of every order made by an officer under section 124 for the trial of the accused person shall forthwith be sent to the Government.",
"name": "Transmission to Government of orders under section 124",
"related_acts": "",
"section_id": 125
},
{
"act_id": 310,
"details": "126. Where any person is in custody under sub-section (4) of section 123, 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 124, 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": 126
},
{
"act_id": 310,
"details": "127. Where any relative or friend of any person, who is in custody under sub-section (4) of section 123 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": 127
},
{
"act_id": 310,
"details": "128. 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": 128
},
{
"act_id": 310,
"details": "129. (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": 129
},
{
"act_id": 310,
"details": "130. (1) At the conclusion of a trial by court-martial, the finding and the sentence, if any, of the court shall be signed by the president and the judge-advocate, if any, but they shall not be promulgated until they have been confirmed. (2) The President of the court shall forward the proceedings of the court to the convening authority, who may confirm the same or transmit them for confirmation to a superior authority, if so directed by the warrant empowering him to convene the court. (3) No finding or sentence of a court-martial shall be valid unless and except to the extent to which it is confirmed in accordance with the provisions of this Ordinance and the rules.",
"name": "Confirmation of finding and sentence",
"related_acts": "",
"section_id": 130
},
{
"act_id": 310,
"details": "131. The confirming authority may order that the finding and the sentence of the court- (a) \tbe confirmed- (i) \tas passed by the court, or (ii)\tsubject to such mitigation, remission or commutation of the sentence as specified hereinafter; (b)\tbe returned to the court once for revision, as specified hereinafter, prior to their being confirmed; or (c)\tbe not confirmed.",
"name": "Power of confirming authority",
"related_acts": "",
"section_id": 131
},
{
"act_id": 310,
"details": "132. 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 as laid down in this Ordinance: 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": 132
},
{
"act_id": 310,
"details": "133. (1) Any finding or sentence of a court-martial may be revised by it by order of the confirming authority but only once; and in the course of such revision, the court, if so directed by the confirming authority, may take additional evidence. (2) Except for the unavoidable absence of any of its members, the court, sitting in revision, shall consist of the same members as were present at the time of arriving at the finding or passing the sentence. (3) In the case of unavoidable absence of any of its members the cause whereof shall be duly recorded in the proceedings, the court shall proceed with the revision, unless the president himself is absent or the number of members present is less than the minimum required to constitute the court under section 99 in which case the court shall be dissolved and the accused may be tried by court-martial constituted afresh.",
"name": "Power of confirming authority to return the finding and sentence to the Court for revision",
"related_acts": "",
"section_id": 133
},
{
"act_id": 310,
"details": "134. (1) Any person subject to this Ordinance who considers himself aggrieved by any order passed by a court-martial may at the conclusion of the trial and before confirmation of the finding of the sentence, present a petition to the confirming authority. (2) Before confirming any finding or sentence of a court-martial, the confirming authority shall take such steps as it considers necessary to satisfy itself of the correctness, legality and propriety of the order passed and of the regularity of the proceedings in which it was passed.",
"name": "Remedy against an order of court-martial before confirmation of finding or sentence",
"related_acts": "",
"section_id": 134
},
{
"act_id": 310,
"details": "135. Any finding of guilty and any sentence awarded by a court-martial in respect of such a finding may be reviewed by the Government or the Chief of Naval Staff at any time.",
"name": "Review by the Government or the Chief of Naval Staff of finding and sentence",
"related_acts": "",
"section_id": 135
},
{
"act_id": 310,
"details": "136. Without prejudice to the provisions of the foregoing section, a person convicted under this Ordinance by a court-martial may at any time present a petition against the finding or the sentence or both to the Government or the Chief of Naval Staff who may thereupon review the finding or the sentence or both.",
"name": "Remedy of aggrieved persons, on being convicted by a court-martial",
"related_acts": "",
"section_id": 136
},
{
"act_id": 310,
"details": "137. (1) On review of a finding of a court-martial, the Government or the Chief of Naval Staff may- (a) \tin any case, quash the finding; (b)\twhere some other finding of guilty could lawfully have been made by the court before which the trial took place, and it appears to the Government or the Chief of Naval Staff that that court must have been satisfied of facts necessary to justify that other finding, substitute that other finding. (2) Where a finding is quashed under sub-section (1), then- (a)\tif the sentence passed in respect of that finding relates to that finding only, the sentence shall be quashed; (b)\tif the sentence relates to that and any other finding or findings, the Government or the Chief of Naval Staff may substitute such sentence as is authorised by this Ordinance in respect of the other finding or findings. (3) Where a finding is substituted under sub-section (1) the sentence may be substituted by any other sentence provided by this Ordinance in respect of the substituted finding. (4) The punishment awarded by a sentence substituted under sub-section (2) or sub-section (3) shall not be higher in the scale of punishments than, or in excess of the punishment awarded by the sentence for which the new sentence is substituted. (5) Any finding or sentence substituted under the preceding sub-sections shall for all purposes be deemed to be the finding or sentence of the court before which the trial took place.",
"name": "Power to quash or alter findings",
"related_acts": "",
"section_id": 137
},
{
"act_id": 310,
"details": "138. (1) On the review of a sentence awarded by a court-martial, the Government or the Chief of Naval Staff may, subject to the provisions of this section,- (a) \tannul the sentence; (b) \tremit the sentence in whole or in part; (c) \tcommute the sentence for any other sentence provided by this Ordinance ; or (d) \tif the sentence is for any reason invalid, substitute such other sentence as could be awarded under this Ordinance in respect of the relevant finding or findings. (2) The punishment awarded by a sentence effective after commutation or substitution under sub-section (1) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by the sentence which is commuted or for which the new sentence is substituted. (3) Any sentence effective after remission, commutation or substitution under sub-section (1), shall for all purposes be deemed to be the sentence of the court before which the trial took place.",
"name": "Power to remit or alter sentences",
"related_acts": "",
"section_id": 138
},
{
"act_id": 310,
"details": "139. Nothing in this Chapter shall affect the powers and functions of the Judge Advocate-General in relation to the naval tribunals including his functions of considering and reporting on the proceedings of such tribunals.",
"name": "Saving of functions of Judge Advocate-General",
"related_acts": "",
"section_id": 139
},
{
"act_id": 310,
"details": "140. No Court shall question the correctness, legality or propriety of any proceeding, order, finding or sentence of any naval tribunal, and no appeal, revision or other remedy shall lie in respect of any such proceeding, order, finding or sentence save in accordance with the provisions of this Ordinance.",
"name": "Bar of Appeals",
"related_acts": "",
"section_id": 140
},
{
"act_id": 310,
"details": "141. 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": 141
},
{
"act_id": 310,
"details": "142. The term of a sentence of imprisonment or detention under this Ordinance, whether the sentence has been revised or not, shall be reckoned as commencing on the day on which the sentence is signed by the president of the court-martial or the officer trying the case.",
"name": "Commencement of sentence of imprisonment or detention",
"related_acts": "",
"section_id": 142
},
{
"act_id": 310,
"details": "143. The officer who confirms the sentence or such other officer as may be prescribed, may direct that the sentence of imprisonment in any particular case shall be carried out by confinement in a civil prison or by confinement in a military, naval 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 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, the sentence may be directed to be carried out by confinement in naval custody instead of a prison: Provided further that on active service a sentence of imprisonment may be carried out by confinement in such place as the officer commanding the naval forces may from time to time appoint.",
"name": "Execution of sentence of imprisonment",
"related_acts": "",
"section_id": 143
},
{
"act_id": 310,
"details": "144. A sentence of detention under this Ordinance shall be carried out by detaining the offender in any military, naval or air force detention barracks, detention cells or other military, naval or air force detention barracks, and when the sentence is to be carried out by detention in any military, naval 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": 144
},
{
"act_id": 310,
"details": "145. (1) When a person is sentenced by a 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 to 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 to naval custody, or that he be released or confined in accordance with any order duly made under this Ordinance setting aside or varying the sentence of death. (2) Any such warrant as aforesaid shall be sufficient authority for the execution of the orders contained therein. (3) A person sentenced under this Ordinance to imprisonment or detention may, until he reaches the prison or detention barracks in which he is to undergo his sentence, be kept in naval 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": 145
},
{
"act_id": 310,
"details": "146. A warrant issued in accordance with the provisions of section 143 or section 144, 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 committing the person concerned to prison, detention barrack or naval custody or, as the case may be, for transferring him from one description of custody to the other.",
"name": "Authority for committal and transfer of prisoners",
"related_acts": "",
"section_id": 146
},
{
"act_id": 310,
"details": "l47. A person under sentence of imprisonment or detention may, while he is being conveyed from one place to another, 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": "Conveying of prisoners from place to place",
"related_acts": "",
"section_id": 147
},
{
"act_id": 310,
"details": "148. (1) Whenever an order is duly made under this Ordinance setting aside or varying any sentence, order or warrant under which any person is confined in a civil, military, naval or air force prison or detained in a military, naval 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. (2) Any 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": 148
},
{
"act_id": 310,
"details": "149. The Government may set apart any building or part of a building, or any place under its control, as a naval prison or detention barracks for the confinement of persons sentenced to imprisonment or detention under this Ordinance.",
"name": "Establishment and regulation of naval prisons or detention barracks",
"related_acts": "",
"section_id": 149
},
{
"act_id": 310,
"details": "150. The Government may make rules providing- (a)\tfor the government, management and regulation of naval prisons and detention barracks; (b)\tfor the appointment, removal and powers of inspectors, visitors, governors and officers thereof; (c)\tfor the labour of prisoners undergoing confinement therein, and for enabling such prisoners to earn by special industry and good conduct, a remission of a portion of their sentence; (d)\tfor the safe custody of such prisoners 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 naval prisons or detention barracks of any of the provisions of the Prisons Act, 1894, relating to the duties of officers of prisons; (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": "69",
"section_id": 150
},
{
"act_id": 310,
"details": "151. Rules made under section 150 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": 151
},
{
"act_id": 310,
"details": "152. Confinement of a person undergoing a sentence of imprisonment or detention under this Ordinance in any place or manner in which he might be confined under a lawful order or warrant under this Ordinance, shall not be deemed to be illegal only by reason of any procedural defect 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 for rectifying such defect or error.",
"name": "Procedural defect or error in the order or warrant",
"related_acts": "",
"section_id": 152
},
{
"act_id": 310,
"details": "153. When any person subject to this Ordinance has been convicted by a naval tribunal of any offence, the Government, the Chief of Naval Staff, or any officer not below the rank of captain empowered in this behalf by the Chief of Naval 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 Ordinance: 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": 153
},
{
"act_id": 310,
"details": "154. 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 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": 154
},
{
"act_id": 310,
"details": "155. (1) Where a person subject to this Ordinance has been sentenced by a court-martial to imprisonment or detention, the Government or the Chief of Naval Staff, or any officer empowered to convene a general or summary 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": 155
},
{
"act_id": 310,
"details": "156. A confirming officer or an officer exercising powers of summary trial may, when a person has been sentenced to imprisonment or detention, direct that the offender be not committed to prison or to custody until the orders of the authority or officer specified in section 155 have been obtained.",
"name": "Orders pending suspension",
"related_acts": "",
"section_id": 156
},
{
"act_id": 310,
"details": "157. When a sentence is suspended under section 155, 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": 157
},
{
"act_id": 310,
"details": "158. 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": 158
},
{
"act_id": 310,
"details": "159. The authority or officer specified in section 155 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": 159
},
{
"act_id": 310,
"details": "160. (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 155, or by an officer not below the rank of lieutenant Commander duly authorised by the authority or officer specified in section 155. (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 155.",
"name": "Reconsideration of case after suspension",
"related_acts": "",
"section_id": 160
},
{
"act_id": 310,
"details": "161. Where an offender, while a sentence on him is suspended under this Ordinance, is sentenced for any other offence, then- (a)\tif the further sentence is also suspended under this Ordinance, 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 Ordinance, the offender shall also be committed to prison or naval 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 Ordinance 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 159 or section 160, continue to be suspended.",
"name": "Fresh sentence after suspension",
"related_acts": "",
"section_id": 161
},
{
"act_id": 310,
"details": "162. The powers conferred by sections 155 and 159 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": 162
},
{
"act_id": 310,
"details": "163. (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 155, then, such dismissal shall not take effect until so ordered by the authority or officer specified in that section. (2) If such other sentence is remitted under section 159, the punishment of dismissal shall also be remitted.",
"name": "Effect of suspension and remission on dismissal",
"related_acts": "",
"section_id": 163
},
{
"act_id": 310,
"details": "164. The following provisions shall apply to the disposal of the property of every person subject to this Ordinance, other than an officer, who dies or deserts, namely:- (1) \tThe commanding officer of the ship or naval establishment, to which the deceased person or deserter belonged, shall secure all the movable property belonging to the deceased or deserter that is in ship or naval establishment 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 saving bank, co-operative bank or society or any other institution receiving deposits in money, howsoever 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 ship or naval establishment, if any of the deceased, the commanding officer may if he thinks fit 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 shall cause the movable property to be 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 ship or naval establishment, if any, 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) \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 Government, 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 ship or naval establishment 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)",
"related_acts": "",
"section_id": 164
},
{
"act_id": 310,
"details": "165. Property deliverable and money payable to the representative, widow or next of kin, of a deceased person under section 164 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)",
"related_acts": "",
"section_id": 165
},
{
"act_id": 310,
"details": "166. The provisions of sections 164 and 165 shall, so far as they can be made applicable, apply in the case of a person subject to this Ordinance (not being 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 164 until such time as he is officially presumed to be dead.",
"name": "Application of sections 164 and 165 to lunatics, etc.",
"related_acts": "96",
"section_id": 166
},
{
"act_id": 310,
"details": "167. The provisions of sections 168 to 173 shall apply to the disposal of the property of officers subject to this Ordinance who die or desert.",
"name": "Property of officers who die or desert",
"related_acts": "",
"section_id": 167
},
{
"act_id": 310,
"details": "168. (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 rules- (a)\tsecure all the movable property belonging to the deceased or deserter that is in ship or naval establishment 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 ship or naval establishment, 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 service and other debts in ship or naval establishment, 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 the Committee, save as may be prescribed shall, if it appears to it necessary for the payment of service and other debts in ship or naval establishment 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 whose estate has not been dealt with under sub-section (2) and in the case of a deserter the Committee, subject to rules, shall, for the purpose of paying the service and other debts in ship or naval establishment, 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 ship or naval establishment, if any, of the deceased or deserter and in the case of a deceased, also the expenses of his last illness. (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 Government unless the deserter shall in the mean time 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 dependents of the officer. (8) If in any case a doubt or difference arises as to what are the service and other debts in ship or naval establishment 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": 168
},
{
"act_id": 310,
"details": "169. On receipt of the surplus referred to in sub-section (6) of section 168 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 and 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": 169
},
{
"act_id": 310,
"details": "170. Property deliverable and money payable to the representative, widow or next of kin of a deceased officer under section 168 or section 169 may, if the total amount of 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.",
"related_acts": "",
"section_id": 170
},
{
"act_id": 310,
"details": "171. 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 168, section 169 or section 170 shall be valid and shall be a full discharge to the Committee or the prescribed person, as the case may be, and to Government from all further liability in respect of that money or property; but nothing herein contained shall affect the right of any executor or administration or other representative, or of any creditor of the deceased 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": 171
},
{
"act_id": 310,
"details": "172. Any property coming under section 168 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": 172
},
{
"act_id": 310,
"details": "173. After the Committee has deposited with the prescribed person the surplus of the property of any deceased officer under sub-section (6) of section 168, 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 168 had not been enacted.",
"name": "Saving of rights of representative",
"related_acts": "",
"section_id": 173
},
{
"act_id": 310,
"details": "174. The provisions of sections 168 to 173 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 officer so reported missing no action shall be taken under sub-sections (2) to (5) of section 168 until such time as he is officially presumed to be dead.",
"name": "Application of sections 168 to 173 to lunatics, etc.",
"related_acts": "96",
"section_id": 174
},
{
"act_id": 310,
"details": "175. When an 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": 175
},
{
"act_id": 310,
"details": "176. 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 ship or naval establishment” includes money due as naval debts, namely, sums due in respect of, or any advance in respect of- (a)\tquarters; (b)\tmess, band, and other service accounts; and (c)\tnaval 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 realize the assets of a deceased person; (4)\t“representative” means any person who has taken out representation.",
"name": "Interpretations",
"related_acts": "",
"section_id": 176
},
{
"act_id": 310,
"details": "177. (1) The Government may make rules for the purpose of carrying into effect the provisions of this Ordinance. (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 Ordinance; (b)\tthe procedure to be observed during investigation, arrest, custody and summary trial, and powers of punishment of commanding officers and other authorities at such trials and delegation of such powers; (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 appearing 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 Ordinance 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 dependents of prisoners of war or missing persons under section 88 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, the Bangladesh Navy and the Bangladesh Air Force, when acting together; (l)\tdeductions on account of public and service debts from the pay and allowances of persons subject to this Ordinance; and (m)\tany other matter directed by this Ordinance to be prescribed. (3) All rules made under this Ordinance shall be published in the official Gazette and, on such publication, shall have effect as if enacted in this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 177
},
{
"act_id": 310,
"details": "178. (1) The Government may make regulations for the governance, command, discipline, recruitment, conditions of service and regulation of the naval forces and generally for all or any of the purposes of this Ordinance, other than those specified in section 177. (2) Without prejudice to the generality of the power conferred by sub-section (1), such regulations may provide for:- (a)\tthe rank, precedence, powers of command and authority of officers and 43sailors; (b)\tthe terms and conditions of service, the pay, pensions, allowances and other benefits of officers and 44sailors; (c)\tthe ceremonials to be observed and the marks of respect to be paid in the service; and (d)\tany other matter which is directed by this Ordinance or the rules, to be specified by regulations.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 178
},
{
"act_id": 310,
"details": "179. Repeals.- Sub-section (1) was repealed by section 2 and the 1st Schedule of the Repealing and Amending Ordinance, 1965 (Ordinance No. X of 1965). (2) Omitted by section 14 of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"name": "Repealed",
"related_acts": "",
"section_id": 179
},
{
"act_id": 310,
"details": "180. Definition.- Omitted by section 15 of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"name": "Omitted.",
"related_acts": "",
"section_id": 180
},
{
"act_id": 310,
"details": "181. Powers of British officers.- Omitted by section 15 of the Navy (Amendment) Act, 2016 (Act No. XXVI of 2016).",
"name": "Omitted.",
"related_acts": "",
"section_id": 181
}
],
"text": "An Ordinance to consolidate and amend the law relating to the government and discipline of the Bangladesh Navy.1♣ ♠ WHEREAS it is expedient to consolidate and amend the law relating to the government and discipline of the Bangladesh Navy; 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": 311,
"lower_text": [
"1 The word “Bangladesh” was substituted for the word “Pakistan” by section 2 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"2 Clause (2a) was omitted by section 3 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984), which was inserted by Article 2 and the Schedule of the Central Adaptation of Laws Order, 1964 (President’s Order No. 1 of 1964)",
"3 Sub-section (2) was substituted by section 4 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"4 Sub-sections (7) and (8) were added by section 4 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"5 The words “after giving the trade organisation an opportunity of being heard” were added by section 5 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"6 The words “after giving the trade organisation an opportunity of being heard” were added by section 5 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"7 Section 4A was inserted by section 6 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"8 Sub-section (3) was added by section 7 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"9 Sub-section (1) was substituted by section 9 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"10 Section 8A was inserted by section 11 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"11 The words “Director and” were substituted for the words and commas “Central Government and, subject to such control,” by section 12 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"12 The words “orally or otherwise” were omitted by section 12 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"13 Sub-clauses (i) and (ia) were substituted for previous sub-clause (i) by section 12 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"14 The word “unfairness” was substituted for the word “irregularities” by section 12 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"15 Clauses (f) and (g) were substituted for the original clauses (f), (g), (h) and (i), by section 2 of the Trade Organizations (Amendment) Ordinance, 1962 (Ordinance No. XLII of 1962)",
"16 The commas and words “, on the basis of a report made by a person, authorised by him to make investigation for the purpose,” were inserted by section 12 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"17 The words “for the unexpired period” were inserted by section 12 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"18 The words “one year” were substituted for the words “three years” by section 13 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"19 The words “one year” were substituted for the words “three years” by section 13 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"20 The words “and no such member shall act or transact any business after such appointment” were inserted by section 13 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"21 The word “taka” was substituted for the word “rupees” by section 15 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"22 Section 14A was inserted by section 4 of the Trade Organizations (Amendment) Ordinance, 1962 (Ordinance No. XLII of 1962)",
"23 The commas and words “, on payment of a fee of one hundred taka in such manner as the Government may direct,” were inserted by section 17 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"24 The words and commas “Government, on payment of a fee of five hundred taka in such manner as the Government may direct,” were substituted for the words “appropriate Government” by section 17 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"25 The word “taka” was substituted for the word “rupees” by section 19 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)",
"26 The word “taka” was substituted for the word “rupees” by section 19 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)"
],
"name": "The Trade Organisations Ordinance, 1961",
"num_of_sections": 26,
"published_date": "2nd December, 1961",
"related_act": [
311
],
"repelled": true,
"sections": [
{
"act_id": 311,
"details": "1. (1) This Ordinance may be called the Trade Organisations Ordinance, 1961. (2) It extends to the whole of 1Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "311",
"section_id": 1
},
{
"act_id": 311,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (1) \t“Act” means the Companies Act, 1913; (2)\t“Administrator” means an Administrator appointed under section 10 and includes an officer empowered by the Government to perform the functions of the Administrator under this Ordinance; 2* * * (3)\t“articles” means the articles of association of a trade organisation; (4)\t“Director” means the Director of Trade Organisations appointed by the Government and includes an officer empowered by the Government to perform the functions of the Director under this Ordinance; (5)\t“Executive Committee” means the Board of Directors, the Executive Committee, the managing committee or other body, by whatever name called, of a registered trade organisation responsible for the management or conduct of the affairs of such trade organisation; (6)\t“licence” means a licence granted or deemed to be granted under sub-section (1) of section 3; (7)\t“member of the Executive Committee” includes a Director where the Executive Committee is a Board of Directors, and the Chairman, Vice-Chairman, President and Vice-President of the Executive Committee; (8)\t“memorandum” means the memorandum of association of a trade organisation; (9)\t“register” means the register of companies required to be kept under the Act; (10) \t“registered trade organisation” means a trade organisation registered under the Act as a company in pursuance of a licence; (11) \t“registrar” means the registrar as defined in clause (15) of sub-section (1) of section 2 of the Act; and (12)\t\t“trade organisation” means an association which,- (a) \tis capable of being formed as a limited company within the meaning of the Act; (b)\tis formed or intended to be formed with the object of promoting any trade, commerce or industry or any group or class thereof, or for representing for any purpose, in any manner and to any extent, any trade, commerce or industry or any group or class thereof; and (c)\tprohibits payment of any dividend to its members and applies or intends to apply its profits or other income for achieving its objects.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 311,
"details": "3. (1) Notwithstanding anything contained in the Act or in any other law for the time being in force relating to registration of societies, bodies or associations of persons, no trade organisation shall be registered under the Act or such other law unless it holds a licence granted by the Government authorising it to be so registered. 3(2) No licence shall be granted for registration under the Act to a trade organisation unless it is- (a)\ta Federation of Chambers of Commerce and Industry, organised on all-Bangladesh basis, to represent Chambers and Associations referred to in clauses (b), (c) and (d): Provided that a licence for registration as a Federation of Chambers of Commerce and Industry shall not be granted to more than one trade organisation; (b) \ta Chamber of Industry organised on all-Bangladesh basis: Provided that a licence for registration of such a Chamber shall not be granted to more than one trade organisation; (c) \ta Chamber of Commerce and Industry organised to represent trades and industries of specific areas, such as, divisions, districts, upazilas and municipalities; (d)\tan Association of trade or industry or of both, organised on all-Bangladesh basis, to represent specific trades or industries or both: Provided that a licence for registration of such an Association shall not be granted to more than one trade organisation; (e)\ta Town Association organised to represent trades and industries at a place at which there is no Chamber of Commerce and Industry: Provided that such Town Association shall be affiliated to the Chamber of Commerce and Industry of the district in which the place is situated; (f)\ta Group organised to represent specific trades or industries or both of specific areas, such as, divisions, districts, upazilas and municipalities: Provided that there shall not be more than one Group representing specific trade or industry or both in a specific area, and no group shall be granted a licence where there is a registered Town Association. (3) A licence may be granted on such conditions and subject to such regulations as the Government may think fit to impose or prescribe and such conditions and regulations shall be binding on the trade organisation concerned and shall, if the Government so directs, be incorporated in the articles and memorandum of such trade organisation or in one of those documents. (4) Any licence granted under section 26 of the Act before the commencement of this Ordinance to a trade organisation of any type specified in sub-section (2) shall be deemed to be a licence granted under sub-section (1) and all such licences granted before such commencement to other trade organisations shall stand revoked. (5) A trade organisation holding a licence may be registered under the Act as a company with limited liability without the addition of the word “Limited” to its name and on such registration shall enjoy all the privileges of a limited company and be subject to all its obligations except those of- (a)\tusing the word “Limited” as any part of its name; (b)\tpublishing its name; and (c)\tsending lists of members to the registrar. (6) The Government may, by notification in the official Gazette, grant exemption to any trade organisation from any provision of this section and such exemption may be for such period and subject to such conditions as may be specified in the notification. 4(7) No licence shall be granted to a trade organisation unless the promoters or organisers thereof have, before its formation, by a notice published in- (a)\tat least two national daily newspapers, in the case of a trade organisation intended to be formed on all-Bangladesh basis; (b)\ta local or regional newspaper, in the case of any other trade organisation, declared their intention to form the trade organisation and the aims and objects thereof. (8) No trade organisation shall function or engage in any activities without first obtaining a licence under this Ordinance.",
"name": "Licensing and registration of trade organisations",
"related_acts": "",
"section_id": 3
},
{
"act_id": 311,
"details": "4. (1) The Government may, at any time, by notification in the official Gazette,- (a) \trevoke a licence granted to a trade organisation 5after giving the trade organisation an opportunity of being heard; (b)\tdeclare that all licences granted before the 19th February, 1959, shall stand revoked on the date specified therein; and (c)\tcancel any exemption granted under sub-section (6) of section 3 6after giving the trade organisation an opportunity of being heard. (2) Upon the cancellation of exemption under clause (c) of sub-section (1) or upon the expiry of the period for which exemption was granted, the trade organisation concerned may within thirty days of such cancellation or expiry, apply for a licence.",
"name": "Cancellation of licence and exemption",
"related_acts": "",
"section_id": 4
},
{
"act_id": 311,
"details": "74A. If on the date of commencement of the Trade Organisations (Amendment) Ordinance, 1984, two or more trade organisations are found to be functioning with similar aims and objects, the Director, may, if he thinks fit, order merger of all these organisations into one or cancel the licence of any of these trade organisations: Provided that no such order for merger or cancellation of licence shall be made without giving the trade organisations an opportunity of being heard.",
"name": "Merger of trade organisations",
"related_acts": "",
"section_id": 5
},
{
"act_id": 311,
"details": "5. (1) Notwithstanding anything contained in the Act, registration thereunder of- (a) \tall trade organisations registered otherwise than in pursuance of a licence under section 26 of the Act except the trade organisations to whom exemption has been granted under sub-section (6) of section 3; (b) \ta trade organisation originally registered in pursuance of a licence which was revoked before the commencement of this Ordinance; (c) \tall trade organisations whose licences stand revoked under sub-section (4) of section 3; (d)\ta trade organisation whose licence has been or stands revoked under sub-section (1) of section 4; and (e)\ta trade organisation, which, being entitled to make an application under sub-section (2) of section 4, has not done so or whose application thereunder has been rejected, shall stand cancelled and the registrar shall strike off the register, and publish in the official Gazette, the names of all such trade organisations. (2) All affairs of a trade organisation whose registration stands cancelled under sub-section (1) shall be wound up- (a)\tin accordance with the provisions made in that behalf in its articles or memorandum, or (b)\tin the absence of any such provision, as if a special resolution under sub-section (2) of section 203 of the Act has been passed on the date on which the registration stands cancelled that it be wound up voluntarily. 8(3) No trade organisation shall function and maintain office in any form after its licence has been cancelled under this Ordinance.",
"name": "Cancellation of registration",
"related_acts": "",
"section_id": 6
},
{
"act_id": 311,
"details": "6. (1) No company or trade organisation other than a registered trade organisation shall, after thirty days from the commencement of this Ordinance, use in its name or title the word “Federation” or “Chamber” or “Association”. (2) Every company or trade organisation other than a registered trade organisation having in its name or title any of the words mentioned in sub-section (1) shall, within the period specified therein, by special resolution or in any other manner it thinks convenient, so change its name or title as to omit therefrom any such word. (3) Where a company or trade organisation changes its name or title in pursuance of sub-section (2), the registrar shall enter the new name or title in his register in place of the former name or title and issue a certificate of incorporation altered to meet the circumstances of the case and, upon the issue of such certificate, the change of name or title shall be complete. (4) The change of name or title under this section shall not affect any rights or obligations of the company or trade organisation concerned or render defective any legal proceedings by or against such company or trade organisation and any legal proceedings that might have been continued or commenced by or against it by the former name or title may be continued by its new name or title. (5) Nothing in this section shall apply to a company, association or body of persons formed for promoting art, science, religion, charity, sports, any profession other than trade, commerce or industry or any other useful object which the Government may, by notification in the official Gazette, specify in this behalf.",
"name": "Companies not to use certain words in their names",
"related_acts": "",
"section_id": 7
},
{
"act_id": 311,
"details": "7. 9(1) The Government may,- (a)\tclassify registered trade organisations into various classes according to their status in terms of membership subscription rates incorporated in the Articles of Association, importance or standing in the context of the relative position of the trade, commerce or industry concerned in the national economy of the country; (b) \tby an order notified in the official Gazette, grant recognition to any such trade organisation; and (c)\taccord such privileges to the trade organisations so recognised as it thinks fit keeping in view their relative importance in the national economy. (2) A trade organisation recognised under sub-section (1) shall be entitled, according as the Government may direct, to- (a) \tall the privileges accorded generally to trade organisations so recognised; or (b)\tall the privileges accorded to the trade organisations of the class to which it belongs; or (c)\tto such other privileges as may be accorded to it by the order granting recognition. (3) The Government shall publish in the official Gazette the names of the trade organisations recognised under sub-section (1).",
"name": "Classification and recognition of trade organisations",
"related_acts": "",
"section_id": 8
},
{
"act_id": 311,
"details": "108A. Notwithstanding anything contained in the Act or in any other law for the time being in force or in the articles of memorandum, if a trade organisation fails to hold the election in time, the Director, either on his own motion or on receipt of an application from the trade organisation, may, for reasons to be recorded in writing, condone the delay and direct the trade organisation to hold the election within such time as he may determine.",
"name": "Condonation of delay in holding election of a trade organisation",
"related_acts": "",
"section_id": 9
},
{
"act_id": 311,
"details": "8. (1) Notwithstanding anything contained in the Act or in any other law for the time being in force or in the articles or memorandum,- (a)\ta registered trade organisation shall not rescind, amend or otherwise modify its articles or memorandum without the prior approval of the Government; and (b)\tthe Government may, whenever it considers expedient to do so, by order in writing, direct any such trade organisation to rescind, amend or otherwise modify its articles, memorandum, rules or bye-laws or to make any rule or bye-law, in such manner and within such period as may be specified in the order. (2) If any registered trade organisation fails or neglects to comply with the direction under clause (b) of sub-section (1), the Government may, by notification in the official Gazette, rescind, amend or otherwise modify the articles, memorandum, rules or bye-laws of such trade organisation, or make any rule or bye-law in the manner specified in the direction or with such modification as it thinks fit, and any such rescission, amendment, modification or making shall be deemed to have been duly done by the trade organisation in accordance with the Act or its articles or memorandum or in the manner it is otherwise competent to do so.",
"name": "Amendment, repeal, etc., of articles, memorandum, etc., of trade organisations",
"related_acts": "",
"section_id": 10
},
{
"act_id": 311,
"details": "9. (1) All acts and proceedings of a registered trade organisation shall be subject to the control of the 11Director and the affairs of such trade organisation shall be managed and conducted in such manner as the Director may, from time to time, direct. (2) Notwithstanding anything contained in any law for the time being in force or in the articles or memorandum of a registered trade organisation and without prejudice to the generality of the foregoing provision, the Director may- (a) \trequire any such trade organisation or any competent person connected therewith to furnish him with any information, documents and returns relating to the affairs of such trade organisation or to answer 12* * * any query with respect thereto; (b) \tinspect, with or without prior notice, any office of such trade organisation including any of its branch or regional, circle, zonal or liaison office, or any record or document found therein; (c)\tattend any meeting of the general body or the Executive Committee of such trade organisation or of any committee or other body set up or appointed to transact any business, or to conduct any affair, of such trade organisation; (d)\twatch and supervise, or cause to be watched and supervised, any election held by, or for the purpose of electing persons to the Executive Committee or other body including a regional, circle or zonal body of any such trade organisation; (e)\twithin thirty days of the announcement of the results of any election held by any such trade organisation, or any body exercising any function relating thereto for the purpose of electing any person to the Executive Committee or other body including regional, circle or zonal body of such trade organisation or for any other purpose and with the approval of the Government, annul such election if he is satisfied,- 13(i)\tupon his own knowledge; (ia)\tafter an investigation on the basis of a complaint received from any of the contestants; or (ii)\tupon a report made by a person authorised by him to make investigation for the purpose, that the 14unfairness in the conduct of such election justify such annulment and, by order in writing, direct fresh election to be held within such period as may be specified in the order; 15(f) cancel, suspend or modify any resolution adopted or any decision taken, by the general body or the Executive Committee of such trade organisation if he is satisfied that such resolution or decision is not in conformity with the provisions of the articles or memorandum or any rules or regulations made thereunder, or that the requirements of the provisions of the articles or memorandum or any rules or regulations made thereunder have not been complied with while adopting such resolution or taking such decision, or that such resolution or decision is contrary to any rules, regulations, directions or instructions issued by the Director or by the Government to such trade organisation: (g)\tif he considers it necessary 16, on the basis of a report made by a person, authorised by him to make investigation for the purpose, for smooth, orderly and efficient functioning of any such trade organisation,- (i)\tremove or cause to be removed any member of the Executive Committee, not exceeding a total of five in any calendar year, of such trade organisation and fill up, or cause to be filled up, the resultant vacancy 17for the unexpired period; (ii)\tsuspend, or cause to be suspended, for a specified period, any member not exceeding a total of fifteen in one calendar year, of any such trade organisation and cancel, or cause to be cancelled, any such suspension or the suspension of any member otherwise than by or at the instance of the Director; (iii)\tremove, or cause to be removed, from the membership register, the name of any member, not exceeding a total of fifteen in one calendar year, of any such trade organisation, and reinstate, or cause to be reinstated, in the membership register, any member so removed or removed otherwise than by or at the instance of the Director: Provided that the power for removal or suspension under this clause shall not be exercised except with the approval of the Government.",
"name": "Registered trade organisations to be subject to the control of Director",
"related_acts": "",
"section_id": 11
},
{
"act_id": 311,
"details": "10. (1) Where the Government is of opinion that the affairs of a registered trade organisation are not being properly managed and that the interests of trade and industry so require, it may, by order in writing, supersede the Executive Committee of such trade organisation for such period, not exceeding 18one year, as may be specified in the order: Provided that no such order shall be made unless the Executive Committee has been given a notice in writing of, and afforded an opportunity to make a representation against, the intended supersession. (2) Where- (a)\tan Executive Committee is superseded under sub-section (1), or (b) \tit is not, in the opinion of the Government, possible for any reason to reconstitute the Executive Committee at the due time of such reconstitution, or (c)\tthe Executive Committee is debarred by an order of any Court, from discharging its functions, the Government may appoint, for such period, not exceeding 19one year, as it may think fit, an Administrator to take over the functions of such Committee and to manage and conduct the affairs of the trade organisation: Provided that if the period of supersession is terminated or the Executive Committee is reconstituted or the order of the Court is vacated before the expiry of the period for which the Administrator shall have been appointed, the Government may direct the Administrator to relinquish the functions taken over by him in favour of the Executive Committee. (3) Upon the appointment of an Administrator under clause (a) or clause (b) of sub-section (2), the members of the Executive Committee shall be deemed to have vacated their respective offices 20and no such member shall act or transact any business after such appointment.",
"name": "Supersession of Executive Committee and appointment of Administrator",
"related_acts": "",
"section_id": 12
},
{
"act_id": 311,
"details": "11. (1) The Administrator shall manage and conduct the affairs of the registered trade organisation under the supervision and control of the Director and in accordance with the rules, if any, made in this behalf by the Government and, until such rules are made, in accordance with such directions as the Director may, from time to time, give. (2) The rules and directions referred to in sub-section (1) may provide for- (a)\tthe appointment of an advisory committee consisting of persons selected from the members of the trade organisation to assist the Administrator in the discharge of his functions; (b)\tholding of elections for the purpose of reconstitution of the Executive Committee at any time considered appropriate before the expiry of the term of appointment of the Administrator; (c)\tcompliance with the provisions of sections 130, 131, 131A, 132, 132A, 133, 134 and 135 of the Act to the extent applicable to the trade organisation except those relating to the laying of the income and expenditure account and reading of the auditor's report in the general meeting; (d)\twithholding, during the period of supersession of the Executive Committee, of the general meeting of the trade organisation other than the meeting to hold elections for reconstituting the Executive Committee; (e)\tconduct of any business, during the period the general meeting remains withheld, which requires the approval or assent of the members at a general meeting; (f)\tthe pay, allowances, remuneration and other privileges of the Administrator and the members of the advisory committee; and (g)\tsuch other matters as are necessary for efficient management of the affairs of the trade organisation. (3) Any expenditure incurred in connection with the management of a trade organisation by the Administrator including pay, allowances and remuneration of the Administrator and the members of the advisory committee shall be met as expenses, and be a charge on the income, of the trade organisation.",
"name": "Administrator to act under the control of Director",
"related_acts": "",
"section_id": 13
},
{
"act_id": 311,
"details": "12. (1) Notwithstanding anything contained in any law for the time being in force or in the articles or memorandum of a registered trade organisation, no suit or other legal proceedings shall be instituted or commenced against such registered trade organisation or any member thereof or any member of the Executive Committee of such trade organisation questioning the validity or propriety of any act or proceeding of such trade organisation or of the Executive Committee or other body thereof, or the constitution of, or election or appointment to, such Committee or body, by any member of such trade organisation or by, or by any member of, any other trade organisation unless such member or other trade organisation has made an application, accompanied by such fee not less than one thousand 21taka as may be prescribed by rules, referring the matter to the Arbitration Tribunal constituted for the purpose of deciding such references by the Federation of Chambers of Commerce and Industry registered under the Act in pursuance of a licence and such Arbitration Tribunal has given its decision or award thereon. (2) The Arbitration Tribunal constituted under sub-section (1) shall consist of not less than three and not more than five members appointed by the said Federation of Chambers of Commerce and Industry and shall conduct its proceedings and give its decision or award in accordance with the rules made in this behalf. (3) Nothing in this section shall affect any suit or other legal proceedings instituted or commenced before the commencement of this Ordinance.",
"name": "Restriction on suits against trade organisations",
"related_acts": "",
"section_id": 14
},
{
"act_id": 311,
"details": "13. (1) Notwithstanding anything contained in any other law for the time being in force or in the articles or memorandum of association of any trade organisation or other company or in any agreement or other instrument, the Government may,- (a)\tsubject to any rules made in this behalf, by order in writing, direct any person, partnership firm, company or other concern engaged in any trade, commerce or industry to be a member of a registered trade organisation specified in the order; or (b)\tif it consider expedient in the interest of trade, commerce or industry, by notification in the official Gazette, direct all such persons, firms, companies or concerns or any class thereof engaged in trade, commerce or industry as may be specified in the notification subject to exception, if any, to be members of the registered trade organisation or organisations specified in this behalf in such notification. (2) Upon the issue of an order or notification under sub-section (1) the registered trade organisation concerned shall admit as its member any person, firm, company or concern directed to be its member by such order or notification.",
"name": "Compulsory membership of registered trade organisations",
"related_acts": "",
"section_id": 15
},
{
"act_id": 311,
"details": "14. No person shall be a member of more than such number of trade organisations as the Government may, by notification in the official Gazette, specify in this behalf.",
"name": "Restriction on membership",
"related_acts": "",
"section_id": 16
},
{
"act_id": 311,
"details": "2214A. No person convicted for an offence under this Ordinance shall hold, or be eligible for holding, any office in a registered trade organisation unless a period of six years has elapsed after the date of his conviction.",
"name": "Restriction on holding office",
"related_acts": "",
"section_id": 17
},
{
"act_id": 311,
"details": "15. (1) Any person or any trade organisation aggrieved by any decision or order of the Administrator or the Director may, within fourteen days of such decision or order, appeal to the Director 23, on payment of a fee of one hundred taka in such manner as the Government may direct, against the decision or order of the Administrator, and to the 24Government, on payment of a fee of five hundred taka in such manner as the Government may direct, against the decision or order of the Director, and the decision of the Government on such appeal shall be final. (2) Upon an appeal under sub-section (1), the Director or the Government, as the case may be, may stay the implementation or execution of the decision or order appealed against until the disposal of such appeal.",
"name": "Appeal",
"related_acts": "",
"section_id": 18
},
{
"act_id": 311,
"details": "16. (1) The Government may, by notification in the official Gazette, direct that all or any of its powers under this Ordinance shall, in relation to such matters or subject to such conditions as may be specified therein, also be exercisable by the Director. (2) The Director may, by order in writing, authorise the Administrator or any other officer to exercise and perform any of his powers and functions under this Ordinance.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 19
},
{
"act_id": 311,
"details": "17. Notwithstanding anything contained in any other provision of this Ordinance, the Government may, by notification in the official Gazette, direct that the powers and functions of the Director shall, under such circumstances, or in such cases, as may be specified in the notification, be exercised and performed by the Government and upon such notification reference to the Director in the relevant provisions of this Ordinance shall be construed as reference to the Government and such provisions shall have effect accordingly.",
"name": "Government may carry out the functions of the Director",
"related_acts": "",
"section_id": 20
},
{
"act_id": 311,
"details": "18. Whoever contravenes any provision of this Ordinance, or any rule or order made, or any direction or instruction given, thereunder, or obstructs any officer or person acting under or in pursuance of any such provision, rule, order, direction or instruction, shall be punishable with fine which may extend to ten thousand 25taka and, in case of contravention of the provisions of sections 13 and 14A or of any order or notification issued thereunder, with a further fine which may extend to five hundred 26taka for every day of the period during which such contravention continues.",
"name": "Penalties",
"related_acts": "",
"section_id": 21
},
{
"act_id": 311,
"details": "19. Where a person guilty of an offence punishable under section 18 is a company or other body corporate, every managing director, director, manager, secretary or other officer or agent thereof shall, unless he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent its commission, be deemed to be guilty of such offence.",
"name": "Offences by companies or other bodies",
"related_acts": "",
"section_id": 22
},
{
"act_id": 311,
"details": "20. No Court shall take cognizance of an offence punishable under section 18 except upon a complaint in writing made by the Director or an officer authorised by him in this behalf and no Court inferior to that of a Magistrate of the First Class shall try any such offence.",
"name": "Cognizance and trial",
"related_acts": "",
"section_id": 23
},
{
"act_id": 311,
"details": "21. Where an order purports to have been made or signed by an authority or person in exercise of any power conferred by or under this Ordinance, a Court shall presume that such order was so made by that authority or person.",
"name": "Presumption as to orders",
"related_acts": "",
"section_id": 24
},
{
"act_id": 311,
"details": "22. (1) An order made under this Ordinance shall not be questioned in any Court. (2) 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 rule or order made or any direction given thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 25
},
{
"act_id": 311,
"details": "23. 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": 26
}
],
"text": "An Ordinance to provide for the regulation and control of trade organisations. ♣ WHEREAS it is expedient to provide for the regulation and control of trade organisations and for matters ancillary thereto; 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": 312,
"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 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 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 Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961",
"num_of_sections": 19,
"published_date": "2nd December, 1961",
"related_act": [
312,
430
],
"repelled": false,
"sections": [
{
"act_id": 312,
"details": "1. (1) This Ordinance may be called the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961. (2) It extends to the whole of 2Bangladesh. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf.",
"name": "Short title, extent and commencement",
"related_acts": "312",
"section_id": 1
},
{
"act_id": 312,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“agency” means a voluntary social welfare agency, and includes any branch of such agency; (b)\t“governing body” means the council, committee, trustees or other body, by whatever name called, to whom, by the constitution of the agency, its executive functions and the management of its affairs are entrusted; (c)\t“prescribed” means prescribed by rules made under section 19; (d)\t“register” means the register maintained under section 4, and “registered” shall mean registered under this Ordinance; (e)\t“Registration Authority” means an officer authorised by the Government, by notification in the official Gazette, to exercise all or any of the powers of the Registration Authority under this Ordinance; (f)\t“voluntary social welfare agency” means an organisation, association or undertaking established by persons of their own free will for the purpose of rendering welfare services in any one or more of the fields mentioned in the Schedule and depending for its resources on public subscriptions, donations or Government aid.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 312,
"details": "3. No agency shall be established or continued except in accordance with the provisions of this Ordinance.",
"name": "Prohibition against establishing or continuing an agency without registration",
"related_acts": "",
"section_id": 3
},
{
"act_id": 312,
"details": "4. (1) Any person intending to establish an agency, and any person intending that an agency already in existence should be continued as such, shall, in the prescribed form, and on payment of the prescribed fee, make an application to the Registration Authority, accompanied by a copy of the constitution of the agency, and such other documents as may be prescribed. (2) The Registration Authority may, on receipt of the application, make such enquiries as it considers necessary, and either grant the application, or, for reasons to be recorded in writing, reject it. (3) If the Registration Authority grants the application, it shall issue, in the prescribed form, a certificate of registration to the applicant. (4) The Registration Authority shall maintain a register, containing such particulars as may be prescribed, of all certificates issued under sub-section (3).",
"name": "Application for registration, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 312,
"details": "5. (1) An agency not in existence on the coming into force of this Ordinance shall be established only after a certificate of registration has been issued under sub-section (3) of section 4. (2) An agency already in existence shall not be continued for more than six months from the date on which this Ordinance comes into force, unless an application for its registration has, within thirty days of such date, been made under sub-section (1) of section 4. (3) Where an application as aforesaid has been made in respect of an existing agency, and such application is rejected, then, notwithstanding the period of six months provided in sub-section (2), the agency may be continued for a period of thirty days from the date on which the application is rejected, or if an appeal is preferred under section 6, until such appeal is dismissed.",
"name": "Establishment and continuance of agency",
"related_acts": "",
"section_id": 5
},
{
"act_id": 312,
"details": "6. If the Registration Authority rejects an application for registration, the applicant may, within thirty days from the date of the order of the Registration Authority, prefer an appeal to the Government, and the order passed by the Government shall be final and given effect to by the Registration Authority.",
"name": "Appeal",
"related_acts": "",
"section_id": 6
},
{
"act_id": 312,
"details": "7. (1) Every registered agency shall- (a)\tmaintain audited accounts in the manner laid down by the Registration Authority; (b) \tat such time and in such manner as may be prescribed, submit its Annual Report and audited accounts to the Registration Authority and publish the same for general information; (c)\tpay all moneys received by it into a separate account kept in its name at such bank or banks as may be approved by the Registration Authority; and (d)\tfurnish to the Registration Authority such particulars with regard to accounts and other records as the Registration Authority may from time to time require. (2) The Registration Authority, or any officer duly authorised by it in this behalf, may at all reasonable times inspect the books of account and other records of the agency, the securities, cash and other properties held by the agency, and all documents relating thereto.",
"name": "Conditions to be complied with by registered agencies",
"related_acts": "",
"section_id": 7
},
{
"act_id": 312,
"details": "8. (1) No amendment of the constitution of a registered agency shall be valid unless it has been approved by the Registration Authority, for which purpose a copy of the amendment shall be forwarded to the Registration Authority. (2) If the Registration Authority is satisfied that any amendment of the constitution is not contrary to any of the provisions of this Ordinance or the rules made thereunder, it may, if it thinks fit, approve the amendment. (3) Where the Registration Authority approves an amendment of the constitution, it shall issue to the agency a copy of the amendment certified by it, which shall be conclusive evidence that the same is duly approved.",
"name": "Amendment of the constitution of registered agency",
"related_acts": "",
"section_id": 8
},
{
"act_id": 312,
"details": "9. (1) If, after making such enquiries as it may think fit, the Registration Authority is satisfied that a registered agency has been responsible for any irregularity in respect of its funds or for any maladministration in the conduct of its affairs or has failed to comply with the provisions of this Ordinance or the rules made thereunder, it may, by order in writing, suspend the governing body. (2) Where a governing body is suspended under sub-section (1), the Registration Authority shall appoint an administrator, or a caretaker body consisting of not more than five persons, who shall have all the authority and powers of the governing body under the constitution of the agency. (3) Every order of suspension under sub-section (1) shall be placed by the Registration Authority before a Board, consisting of not more than five persons, constituted by the Government for the purpose, which shall have the power to make such order as to the re-instatement, or the dissolution and reconstitution, of the governing body, as it may think fit. (4) The governing body against whom an order of dissolution and reconstitution is made under sub-section (3) may appeal to the Government, within thirty days from the date of such order, and the decision of the Government shall be final and shall not be called in question in any Court.",
"name": "Suspension or dissolution of governing bodies of registered agencies",
"related_acts": "",
"section_id": 9
},
{
"act_id": 312,
"details": "10. (1) If at any time the Registration Authority has reason to believe that a registered agency is acting in contravention of its constitution, or contrary to any of the provisions of this Ordinance or the rules made thereunder, or in a manner prejudicial to the interests of the public, it may, after giving such opportunity to the agency of being heard as it thinks fit, make a report thereon to the Government. (2) The Government, if satisfied after considering the report that it is necessary or proper to do so, may order that the agency shall stand dissolved on and from such date as may be specified in the order.",
"name": "Dissolution of registered agency",
"related_acts": "",
"section_id": 10
},
{
"act_id": 312,
"details": "11. (1) No registered agency shall be dissolved by the governing body or members thereof. (2) If it is proposed to dissolve any registered agency, not less than three-fifths of its members may apply to the Government, in such manner as may be prescribed, for making order for the dissolution of such agency. (3) The Government, if satisfied after considering the application that it is proper to do so, may order that the agency shall stand dissolved on and from such date as may be specified in the order.",
"name": "Voluntary dissolution of registered agency",
"related_acts": "",
"section_id": 11
},
{
"act_id": 312,
"details": "12. (1) Where any agency is dissolved under this Ordinance, its registration thereunder shall stand cancelled on and from the date the order of dissolution takes effect, and the Government may- (a) \torder any bank or other person who holds moneys, securities or other assets on behalf of the agency not to part with such moneys, securities and assets without the previous permission in writing of the Government; (b)\tappoint a competent person to wind up the affairs of the agency, with power to institute and defend suits and other legal proceedings on behalf of the agency, and to make such orders and take such action as may appear to him to be necessary for the purpose; and (c)\torder any moneys, securities and assets remaining after the satisfaction of all debts and liabilities of the agency to be paid or transferred to such other agency, having objects similar to the objects of the agency, as may be specified in the order. (2) Orders made by the person appointed under clause (b) of sub-section (1) shall, on application, be enforceable by any Civil Court having local jurisdiction in the same manner as a decree of such Court.",
"name": "Consequences of dissolution",
"related_acts": "",
"section_id": 12
},
{
"act_id": 312,
"details": "13. Any person may, on payment of the prescribed fee, inspect at the office of the Registration Authority any document relating to a registered agency, or obtain a copy of or an extract from any such document.",
"name": "Inspection of documents, etc.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 312,
"details": "14. (1) Any person who- (a)\tcontravenes any of the provisions of this Ordinance, or any rule or order made thereunder; or (b)\tin any application for registration under this Ordinance, or in any report or statement submitted to the Registration Authority or published for general information thereunder, makes any false statement or false representation; shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand 3Taka, or with both. (2) Where the person committing an offence under this Ordinance is a company, or other body corporate, or an association of persons, every director, manager, secretary and other officer thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence. (3) No Court shall take cognizance of an offence under this Ordinance except upon complaint in writing made by the Registration Authority, or by an officer authorised by it in this behalf.",
"name": "Penalties and procedure",
"related_acts": "",
"section_id": 14
},
{
"act_id": 312,
"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 Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 15
},
{
"act_id": 312,
"details": "16. The Government may, by notification in the official Gazette, amend the Schedule so as to include therein or exclude therefrom any field of social welfare service.",
"name": "Power to amend Schedule",
"related_acts": "",
"section_id": 16
},
{
"act_id": 312,
"details": "17. The Government may, by notification in the official Gazette, exempt any agency or class of agencies from the operation of all or any of the provisions of this Ordinance.",
"name": "Power to exempt",
"related_acts": "",
"section_id": 17
},
{
"act_id": 312,
"details": "18. The Government may, by notification in the official Gazette, delegate all or any of its powers under this Ordinance, either generally, or in respect of such agency or class of agencies as may be specified in the notification, to any of its officers.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 18
},
{
"act_id": 312,
"details": "19. The Government may, by notification in the official Gazette, make rules for carrying into effect the provisions of this Ordinance.",
"name": "Rules",
"related_acts": "",
"section_id": 19
}
],
"text": "An Ordinance to provide for the registration and control of voluntary social welfare agencies. 1♣ WHEREAS it is expedient to provide for the registration and control of voluntary social welfare agencies, and for matters ancillary thereto; 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": 313,
"lower_text": [
"1 The words “Khulna City Corporation” were substituted for the words “Khulna Municipality” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Corporation” was 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)",
"3 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)",
"4 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)",
"5 Clauses (j) and (k) were substituted for the former clause (j) by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"6 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)",
"7 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)",
"8 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)",
"9 The words, figures, comma and brackets “the Corporation is superseded under section 145 of the Khulna City Corporation Ordinance, 1984 (Ord. No. LXXII of 1984)” were substituted for the words, figures, comma and brackets “the Municipal Committee is superseded under section 112 of the 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)",
"10 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)",
"11 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)",
"12 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",
"13 Section 13 was substituted by section 2 of the Khulna Development Authority (Amendment) Ordinance, 1976 (Ordinance No. LXVIII of 1976)",
"14 Section 15 was substituted by section 3 of the Khulna Development Authority (Amendment) Ordinance, 1976 (Ordinance No. LXVIII of 1976)",
"15 Section 18 was substituted by section 4 of the Khulna Development Authority (Amendment) Ordinance, 1976 (Ordinance No. LXVIII of 1976)",
"16 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"17 The word “Corporation” was 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)",
"18 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)",
"19 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)",
"20 The word “Corporation” was 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)",
"21 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)",
"22 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)",
"23 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)",
"24 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)",
"25 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)",
"26 The words “the Corporation” were substituted for the words “the Municipal” 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 comma “Corporation, etc.” were substituted for the words and comma “Municipality, Union Council or District Council” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"28 The word “Corporation” was 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)",
"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 “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)",
"31 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)",
"32 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” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"33 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)",
"34 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)",
"35 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)",
"36 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)",
"37 The word “Corporation” was 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)",
"38 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)",
"39 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)",
"40 The word “Government” was substituted for the words “Provincial or Central Government or both” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"41 The word “Government” was substituted for the words “Provincial or Central Government or both” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"42 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)",
"43 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)",
"44 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)",
"45 The words, comma, figures and brackets “Khulna City Corporation Ordinance, 1984 (Ord. No. LXXII of 1984)” 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)",
"46 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 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)",
"47 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)",
"48 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)",
"49 The words, comma, figures and brackets “Khulna City Corporation Ordinance, 1984 (Ord. No. LXXII of 1984)” 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)",
"50 The word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"51 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)",
"52 The words, comma, figures and brackets “Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord. No. II of 1982)” were substituted for the words, comma, figures and brackets “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)",
"53 The new paragraph and proviso were added by section 2 of the Khulna Development Authority (Amendment) Act, 1981 (Act No. VI of 1981)",
"54 The word “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"55 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)",
"56 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)",
"57 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)",
"58 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)"
],
"name": "The Khulna Development Authority Ordinance, 1961 (East Pakistan Ordinance)",
"num_of_sections": 105,
"published_date": "21st January, 1961",
"related_act": [
388,
678,
103,
11,
652,
619,
430,
75
],
"repelled": true,
"sections": [
{
"act_id": 313,
"details": "1. (1) This Ordinance may be called the Khulna Development Authority Ordinance, 1961. (2) It extends to the areas comprised within the limits of the 1Khulna 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 2Corporation 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": 313,
"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; 3(c1) \t“Corporation” means the Khulna 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; 4* * * (g)\t“Notification” means notification published in the official Gazette; (h)\t“Prescribed” means prescribed by rules made under this Ordinance; (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; 5(j) “Union Parishad” means a Union Prishad constituted under the Local Government (Union Parishads) Ordinance, 1983 (Ord. No. LI of 1983) and situated in any part of the Khulna District in which this Ordinance is in force; (k)\t“Zilla Parishad” means the Khulna Zilla Parishad.",
"name": "Definitions",
"related_acts": "652",
"section_id": 2
},
{
"act_id": 313,
"details": "3. (1) The Government may, by notification, establish an Authority to be known as the Khulna 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": 313,
"details": "4. (1) The Authority shall consist of- (a)\ta Chairman to be appointed by the Government; \tChairman. (b) \tthe Deputy Commissioner, Khulna, ex-officio; \tMember. 6(c)\t the Mayor of the Corporation, ex-officio; \tDo. (d)\ta representative of the 7Bangladesh Railway to be nominated by the Government, ex-officio; \tDo. (e)\ta representative of the Khulna Port Trust to be nominated by the Port Trust; \tMember. (f)\tSuperintending Engineer, Public Health Engineering, ex-officio; \tDo. (g)\ta representative of the Chamber of Commerce and Industry to be appointed by Government from among a panel of three names to be nominated by the Khulna Chambers of Commerce; \tDo. 8(h)\ttwo Commissioners of the Corporation to be elected by Commissioners of the Corporation; \tDo. (i)\tnot more than four Members to be appointed by the Government: \tDo. Provided that if at any time 9the Corporation is superseded under section 145 of the Khulna City Corporation Ordinance, 1984 (Ord. No. LXXII of 1984), 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 10Corporation under the provisions of the said Ordinance: Provided further that at least two of the persons so appointed shall be tax-payers of the 11Corporation. (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: Provided that the Government may by notification in the official Gazette remove the Chairman or a Member at any time during the term of his Office. (2A) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) which was inserted by section 2 of the Khulna Development Authority (Amendment) Act, 1964 (East Pakistan Act No. VIII of 1964). (3) 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. (4) The Chairman may be either a whole-time or a part-time officer.",
"name": "Chairman, Members, Terms",
"related_acts": "678,430",
"section_id": 4
},
{
"act_id": 313,
"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 made 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": 313,
"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, or Members",
"related_acts": "",
"section_id": 6
},
{
"act_id": 313,
"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 12Bangladesh, 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. (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 han 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": 313,
"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": 313,
"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": 313,
"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": 313,
"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": 313,
"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": 313,
"details": "1313. (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 a 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": 313,
"details": "14. (1) Every contract made by the Chairman on behalf of the Authority shall be entered into in such manner and forms as would bind the Chairman if such contract were made on his own behalf, except that the common seal of the Authority 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 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": 313,
"details": "1415. (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": 313,
"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": 313,
"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 any 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": 313,
"details": "1518. 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": 313,
"details": "19. Appointment, punishment and appeal.- Omitted by section 5 of the Khulna Development Authority (Amendment) Ordinance, 1976 (Ordinance No. LXVIII of 1976).",
"name": "Omitted.",
"related_acts": "",
"section_id": 19
},
{
"act_id": 313,
"details": "20. The Authority may, by general or special order, delegate to Chairman, 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": 20
},
{
"act_id": 313,
"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 16* * * 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 this Ordinance.",
"name": "Immunity of the authority and its employees",
"related_acts": "11",
"section_id": 21
},
{
"act_id": 313,
"details": "22. (1) The Authority shall, as soon as feasible, but not more than two years after the provisions of this Ordinance comes into force, prepare and submit to the Government for approval a Master Plan for the 17Corporation 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 18city, 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 objections 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": 313,
"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 noti¬fication 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 purpose 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": 313,
"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": 313,
"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 19* * * 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": 313,
"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": 313,
"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": 313,
"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": 313,
"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 the 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 based 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": 313,
"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, alternation 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 alternation of streets (including bridges, causeways 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 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 Ordinance which the Authority may think fit.",
"name": "Matters to be provided for improvement scheme",
"related_acts": "",
"section_id": 30
},
{
"act_id": 313,
"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": 313,
"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 sanction under this Ordinance.",
"name": "Re-housing of persons displaced by improvement schemes",
"related_acts": "",
"section_id": 32
},
{
"act_id": 313,
"details": "33. (1) When any improvement or development scheme or re housing scheme has been framed, for any area within the 20Corporation, 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 sent 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 21Mayor 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, publications and transmission of notice as to improvement scheme and supply of documents to applicants",
"related_acts": "",
"section_id": 33
},
{
"act_id": 313,
"details": "34. The 23Mayor 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 24Corporation may think fit to make with regard to the scheme.",
"name": "Transmission to Authority of representation by Corporation",
"related_acts": "",
"section_id": 34
},
{
"act_id": 313,
"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 25Mayor 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 26the Corporation 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": 313,
"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": 36
},
{
"act_id": 313,
"details": "37. The 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 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": 37
},
{
"act_id": 313,
"details": "38. (1) Whenever the Government sanctions an improvement scheme or re housing 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": 38
},
{
"act_id": 313,
"details": "39. Any number of areas in respect of which improve¬ment, 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": 313,
"details": "40. No street laid out or altered by the Authority \tshall 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 impracti¬cable to do so; and (ii)\tnothing in this section shall be deemed to pre¬vent 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": 313,
"details": "41.\t(1) Whenever any building, or any street, square or other land, or any part thereof, which┬¼- (a)\tis situated in the 28Corporation and is vested in the 29Corporation, or (b)\tis situated in any part of the 30Zilla Parishad or any Union Parishad in which this Ordinance is for the time being in force, and is vested 31in 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 32Mayor of the Corporation or to the Chairman of the Zilla Parishad or of the Union Parishad, as the case may be, 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 33Corporation, the Zilla or the Union Parishad, in respect of such street, square or part. (3) Where any land, not being a 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 34Zilla 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 35Corporation, 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 schemes of building or land vested in a Corporation, etc.",
"related_acts": "",
"section_id": 41
},
{
"act_id": 313,
"details": "42. 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 37Corporation have been duly provided in such street, the Authority shall pass a resolution to that effect and shall call upon the 38Corporation 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": 313,
"details": "43. (1) After the provisions of this Ordinance are 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 schemes or property of Government or local authority to the Authority",
"related_acts": "",
"section_id": 43
},
{
"act_id": 313,
"details": "44. 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": 313,
"details": "45. (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 sun rise; (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": 313,
"details": "46. (1) There shall be a fund to be known as the “Khulna 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) contribution of the 39Corporation under section 47; (b) \tgrant made by the 40Government; (c) \tloans obtained from the 41Government; (d)\tloans obtained by the Authority with special or general sanction of the Government under section 48; (e)\tforeign aid and loan obtained from the Development Loan Fund, with the sanction of, and on such terms and conditions as may be approved by the Government; (f) \tproceeds of the betterment fee levied under section 79; water rate, conservancy rate or any other rate levied by the Authority under the provisions of this Ordinance, with the sanction of the Government; and (g) \tall other sums received by the Authority.",
"name": "Khulna Development Authority Fund",
"related_acts": "",
"section_id": 46
},
{
"act_id": 313,
"details": "47. (1) The 43Corporation shall pay from the 44Corporation Fund to the Authority on the first day of each quarter, so long as the Authority continues to exist, a sum equivalent to one half per cent per quarter on the annual value determined under the 45Khulna City Corporation Ordinance, 1984 (Ord. No. LXXII of 1984), 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 46Corporation.",
"name": "Contribution from Corporation Fund",
"related_acts": "678",
"section_id": 47
},
{
"act_id": 313,
"details": "48. 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 61, or (b)\trepaying any loan previously taken under this Ordinance.",
"name": "Power of Authority to borrow money",
"related_acts": "",
"section_id": 48
},
{
"act_id": 313,
"details": "49. 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": 313,
"details": "50. When any sum of money has been borrowed under section 48 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": 313,
"details": "51. 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": 313,
"details": "52. 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": 313,
"details": "(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": "Approval of Government to such estimates",
"related_acts": "",
"section_id": 53
},
{
"act_id": 313,
"details": "53. (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.",
"name": "Estimate of income and expenditure",
"related_acts": "",
"section_id": 54
},
{
"act_id": 313,
"details": "54. The Authority may, at any time during the financial year for which an estimate has been sanctioned, cause supplementary estimate to be prepared and submitted to the Government.",
"name": "Supplementary estimate",
"related_acts": "",
"section_id": 55
},
{
"act_id": 313,
"details": "55. (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": 56
},
{
"act_id": 313,
"details": "56. (1) All moneys at the credit of the Authority shall be kept in the 47Bangladesh 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 Khulna Development Authority”.",
"name": "Receipt of money and deposit in Bank",
"related_acts": "",
"section_id": 57
},
{
"act_id": 313,
"details": "57. (1) No payment shall be made by the Bank out of the account referred to in section 56 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": 58
},
{
"act_id": 313,
"details": "58. All cheques referred to in section 57 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": 59
},
{
"act_id": 313,
"details": "59. The Authority shall maintain complete and accurate¬ books of accounts in such forms 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 im¬provement, Development and Re housing Scheme.",
"name": "Management of accounts",
"related_acts": "",
"section_id": 60
},
{
"act_id": 313,
"details": "60. There shall be credited to the capital account- (a) \tsuch proportion of grants by Government under clause (b) of sub section (2) of section 46, 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": 61
},
{
"act_id": 313,
"details": "61. 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 46; (e)\tmaking, or contributing towards the cost of making, surveys in pursuance of section 44; (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": 62
},
{
"act_id": 313,
"details": "62. There shall be credited to the revenue account- (a) \tcontribution of the 48Corporation under section 47; (b)\tsuch proportion of grants made by Government under clause (b) of sub section (2) of section 46, 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 46; (d) \tall interests 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": 63
},
{
"act_id": 313,
"details": "63. 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 46 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 49Khulna City Corporation Ordinance, 1984 (Ord. No. LXXII of 1984), 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 71; (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": "678",
"section_id": 64
},
{
"act_id": 313,
"details": "64. (1) Notwithstanding anything contained in section 63, 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": 65
},
{
"act_id": 313,
"details": "65. (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": 66
},
{
"act_id": 313,
"details": "66. 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": 67
},
{
"act_id": 313,
"details": "67. (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": 68
},
{
"act_id": 313,
"details": "68. The Authority shall have power to realise its dues from any person under the 50* * * Public Demands Recovery Act, 1913, as public demand.",
"name": "Recovery of dues of Authority",
"related_acts": "",
"section_id": 69
},
{
"act_id": 313,
"details": "69. 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": 70
},
{
"act_id": 313,
"details": "70. 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 question, or to prepare and submit any statement.",
"name": "Power of Auditors",
"related_acts": "",
"section_id": 71
},
{
"act_id": 313,
"details": "71. The Authority shall pay to the said Auditor such remuneration as the Government may direct.",
"name": "Remuneration of Auditor",
"related_acts": "",
"section_id": 72
},
{
"act_id": 313,
"details": "72. 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 to submit report to the Chairman and Government",
"related_acts": "",
"section_id": 73
},
{
"act_id": 313,
"details": "73. It shall be the duty of the Authority forthwith to remedy any defect or irregularity that may be pointed out by the Auditor.",
"name": "Authority to remedy defects",
"related_acts": "",
"section_id": 74
},
{
"act_id": 313,
"details": "74. The Chairman shall furnish each Member a copy of the report mentioned in clause (c) of section 72 and shall bring such report before the Authority for consideration at their next meeting.",
"name": "Authority’s report to be sent to each Member",
"related_acts": "",
"section_id": 75
},
{
"act_id": 313,
"details": "75. 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 51Mayor of the Corporation and to the Government.",
"name": "Publication and transmission of an abstract of the accounts",
"related_acts": "",
"section_id": 76
},
{
"act_id": 313,
"details": "76. (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 52Acquisition 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": 77
},
{
"act_id": 313,
"details": "77. 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": 78
},
{
"act_id": 313,
"details": "78. (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 of a 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": 79
},
{
"act_id": 313,
"details": "79. (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": 80
},
{
"act_id": 313,
"details": "80. (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 79. (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 shall be final.",
"name": "Assessment of betterment fee by Authority",
"related_acts": "",
"section_id": 81
},
{
"act_id": 313,
"details": "81. When the amount of all betterment fees payable in respect of land in the area comprised in the scheme has been determined under section 80, 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": 82
},
{
"act_id": 313,
"details": "82. 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 81.",
"name": "Agreement to make payment of betterment fee a charge on land",
"related_acts": "",
"section_id": 83
},
{
"act_id": 313,
"details": "83. (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 59; (g)\tmanner of disposal of applications and determination of amount of payment and mode thereof under sub section (2) of section 78; 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": 84
},
{
"act_id": 313,
"details": "84. The power to make rules under section 83 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, 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 83.",
"name": "Conditions precedent to making of rules",
"related_acts": "",
"section_id": 85
},
{
"act_id": 313,
"details": "85. When any rule has been made under section 83, 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": 86
},
{
"act_id": 313,
"details": "86. 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": 87
},
{
"act_id": 313,
"details": "87. The Government may, at any time, by notification, cancel any regulation made by the Authority under section 86.",
"name": "Power of the Government to cancel regulation",
"related_acts": "",
"section_id": 88
},
{
"act_id": 313,
"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 cognizance 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": 89
},
{
"act_id": 313,
"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": 90
},
{
"act_id": 313,
"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 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": 91
},
{
"act_id": 313,
"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 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. 53Where any such suit is instituted without delivering or leaving such notice as aforesaid or before the expiration of the said period of one month or where the plaint does not contain a statement that such notice has been so delivered or left, the plaintiff shall not be entitled to any cost if settlement as regards the subject matter of the suit is reached or the Authority concedes the plaintiff's claim, within the period of one month from the date of the institution of the suit: Provided that in a suit instituted without such notice, the Court shall allow not less than two months to the Authority to submit the written statement.",
"name": "Notice of suit against Authority, etc. Limitation of time for prosecution",
"related_acts": "",
"section_id": 92
},
{
"act_id": 313,
"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": 93
},
{
"act_id": 313,
"details": "93. Whenever, under this Ordinance or any rule made hereunder, the doing or the committing 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": 94
},
{
"act_id": 313,
"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": 95
},
{
"act_id": 313,
"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": 96
},
{
"act_id": 313,
"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\temployee, 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 54* * * Penal Code, 1860.",
"name": "Punishment for acquiring share or interest in contract, etc., with the Authority",
"related_acts": "11",
"section_id": 97
},
{
"act_id": 313,
"details": "97. If any person, without lawful authority- (a)\tremoves any fence or shoring timer, 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": 98
},
{
"act_id": 313,
"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": 99
},
{
"act_id": 313,
"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": 100
},
{
"act_id": 313,
"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": 101
},
{
"act_id": 313,
"details": "101. If any person fails to comply with any requisition made under section 70 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": 102
},
{
"act_id": 313,
"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 or any rule 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 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": 103
},
{
"act_id": 313,
"details": "103. If, in the opinion of the Government, the Authority have shown their incompetence 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": 104
},
{
"act_id": 313,
"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 55Corporation; (b)\tall liabilities which are enforceable against the Authority shall be enforceable only against the 56Corporation; (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 57Corporation and its Mayor respectively; and (d)\tthe 58Corporation 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 Municipality",
"related_acts": "",
"section_id": 105
}
],
"text": "♣An Ordinance to provide for the development, improvement and expansion of the city of Khulna 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 Khulna 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 rehousing 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 seventh 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, namely:-"
} |
{
"id": 314,
"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 (i) was omitted by section 3 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"3 The word “taka” was substituted for the word “rupees” by section 4 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"4 The word “taka” was substituted for the word “rupees” by section 4 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"5 The word “taka” was substituted for the word “rupees” by section 4 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"6 The word “Pakistan” was omitted by Article 5 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"7 The words “Bangladesh Railways” were substituted for the words “Eastern Railways” by section 4 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"8 The word “Pakistan” was omitted by Article 5 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"9 The words “Bangladesh Railways” were substituted for the words “Eastern Railways” by section 4 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"10 Clause (a) was substituted by section 2 of the Road Transport Corporation (Amendment) Act, 1974 (Act No. XXXIII of 1974)",
"11 The words and commas “ten Directors, including the Chairman, of whom two shall be full-time Directors and” were substituted for the words “eight Directors including the Chairman of whom” by section 2 of the Road Transport Corporation (Amendment) Ordinance, 1976 (Ordinance No. LXIII of 1976)",
"12 The word “eleven” was substituted for the word “ten” by section 5 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"13 The word “three” was substituted for the word “two” by section 5 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"14 The word “Four” was substituted for the word “Three” by section 3 of the Road Transport Corporation (Amendment) Ordinance, 1976 (Ordinance No. LXIII of 1976)",
"15 The words, comma and figure “Motor Vehicles Ordinance, 1983” were substituted for the words, comma and figure “Motor Vehicles Act, 1939” by section 6 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"16 Section 19A was inserted by section 2 of the East Pakistan Road Transport Corporation (Amendment) Ordinance, 1961 (E. P. Ordinance No. XXXIX of 1961)",
"17 The words, commas, figures and brackets “sub section (1) of section 109 of the Motor Vehicles Ordinance, 1983 (LV of 1983), hereinafter in this Ordinance referred to as the said Ordinance” were substituted for the words, brackets, figures and comma “sub section (1) of section 94 of the Motor Vehicles Act, 1939” by section 6 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"18 The words and figure “any permit or class of permits granted under Chapter VI of the said Ordinance” were substituted for the words, commas and figure “in the Province, any permit or class of permits granted under Chapter IV of the Act,” by section 7 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"19 The words “Bangladesh Road Transport Authority and the Transport Committees” were substituted for the words “Provincial and Regional Transport Authority” by section 7 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"20 The words and comma “Bangladesh Road Transport Authority or the Transport Committees under the said Ordinance shall, notwithstanding anything in the said Ordinance” were substituted for the words and comma “Provincial Transport Authority, or the Regional Transport Authority under the Act shall, notwithstanding anything in the Act” by section 8 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"21 The words “Bangladesh Road Transport Authority or the Transport Committees” were substituted for the words and comma “Provincial Transport Authority, or the Regional Transport Authority” by section 8 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"22 The words “said Ordinance” were substituted for the word “Act” by section 8 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"23 The words “said Ordinance” were substituted for the word “Act” by section 8 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"24 The words “said Ordinance” were substituted for the word “Act” by section 9 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"25 The words “a Judge of the Supreme Court” were substituted for the words “a High Court Judge” by section 9 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"26 Sections 23A and 23B were inserted by section 2 of the East Pakistan Road Transport Corporation (Amendment) Ordinance, 1963 (East Pakistan Ordinance No. XVI of 1963)",
"27 The word “Bangladesh” was substituted for the word “Pakistan” by section 10 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)",
"28 Sections 32A and 32B were inserted by section 3 of the East Pakistan Road Transport Corporation (Amendment) Ordinance, 1970 (East Pakistan Ordinance No. XXV of 1970)",
"29 The word “Pakistan” was omitted by section 11 of the Road Transport Corporation (Amendment) Act, 1988 (Act No. XX of 1988)"
],
"name": "The Road Transport Corporation Ordinance, 1961 (East Pakistan Ordinance)",
"num_of_sections": 40,
"published_date": "4th February, 1961",
"related_act": [
388,
654
],
"repelled": true,
"sections": [
{
"act_id": 314,
"details": "1. (1) This Ordinance may be called the 1* * * Road Transport Corporation Ordinance, 1961. (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": "",
"section_id": 1
},
{
"act_id": 314,
"details": "2. In this Ordinance, unless there is anything repug┬¼nant in the subject or context,- 2* * * (ii) “ancillary service” means any subsidiary service which provides amenities or facilities to persons making use of any road transport service; (iii)\t“Board” means the Board of Directors of the Corporation; (iv)\t“Corporation” means the Bangladesh Road Transport Corporation established under section 3; (v)\t“Director” means a Director for the time being of the Corporation; (vi)\t“dividend” includes bonus; (vii)\t“road transport service” means a service carrying passengers or goods or both by road in motor vehicles for hire or reward.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 314,
"details": "3. (1) As soon as may be, after the commencement of this Ordinance, there shall be established a Corporation by the name of the Bangladesh Road Transport 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 hold and dispose of property, both movable and immovable and shall by the name mentioned in sub section (1) sue and be sued.",
"name": "Establishment of the Corporation",
"related_acts": "",
"section_id": 3
},
{
"act_id": 314,
"details": "4. (1) The authorised share capital of the Corporation shall be six crores of 3taka, but the Corporation may, with the previous sanction in writing of the Government, increase its authorised capital. (2) The subscribed capital shall, in the first instance be three crores of 4taka, divided into thirty lakh shares of ten 5taka each, of which such number of shares not exceeding thirteen lakhs, as the Government may direct, shall be issued immediately and the remaining shares, may, from time to time, be issued by the Corporation with the previous sanction in writing of the Government. (3) Nothing in sub section (2) shall be construed as preventing the Corporation from classifying or re classifying, with the previous sanction in writing of the Government, the shares issued by it from time to time, or from attaching, with like sanction, to any of such shares, such preferential, deferred, qualified, or special rights, privileges or conditions as it thinks fit. (4) The Corporation shall, in the first instance, offer forty nine per cent of the issued capital for subscription by (a) 6* * * 7Bangladesh Railways to the extent of twenty five per cent and (b) public to the extent of 24 per cent and if the Government so directs, may offer more. (5) Capital may be subscribed in the form of cash or transport assets after assessment and valuation in such manner as the Corporation may prescribe in this behalf and the balance shall be subscribed by the Government, who shall also underwrite the unsubscribed shares, if any, offered to the public, until such time as such shares are duly subscribed. (6) No applicant for shares other than the Government and 8* * * 9Bangladesh Railways shall be allotted ordinarily more than 50,000 shares for a total value of Tk. 5 lakhs. (7) The Government may, at any time, sell or transfer the shares subscribed by it.",
"name": "Share capital",
"related_acts": "",
"section_id": 4
},
{
"act_id": 314,
"details": "5. (1) 10(a) The Board of Directors shall consist of 11 12eleven Directors, including the Chairman, of whom 13three shall be full-time Directors and four shall be non-officials, one from each administrative division of Bangladesh, to be appointed by the Government; and (b)\tnot more than four Directors to be elected in the prescribed manner by the share holders of the Corporation other than the Government, the actual number of Directors to be elected at any time being determined in accordance with the following table:- TABLE Column I Column II If the total number of shares subscribed by the share‑holders other than the Government is equal to or exceeds- Number of Directors to be elected. Forty per cent of the total number of shares .. .. .. Four Thirty per cent of the total number of shares .. .. .. Three Twenty per cent of the total number of shares .. .. .. Two Ten per cent of the total number of shares .. .. .. One: Provided that when the Board is first constituted, the Directors referred toin clause (b) shall be appointed by the Government in accordance with the table given in the said clause from amongst the share‑holders and shall, for the purpose of this Ordinance, be deemed to be elected Directors: Provided further that till such time as the Board is fully constituted, the Chairman shall exercise thepowers, functions and duties of the Corporation. (2) The term of office of the Chairman shall be five years from the date on which his appointment is notified or from such date as may be specified in the notification and may be re‑appointed for a further period not exceeding three years. (3) The Chairman appointed under sub‑section (1) may be either a whole-time or a part‑time officer. When the Chairman is a part‑time officer, sub‑section (2) shall not apply. (4) A Director appointed by the Government shall hold office for three years from the date on which his appointment is notified and may be eligible for re‑appointment for a further period of three years. (5) An elected Director shall hold office for a period of three years commencing from the date on which his election is notified and shall continue in office after the expiry of his term until his successor is elected and shall be eligible for re‑election. (6) The Chairman or any Director may, at any time, resign: Provided that his resignation shall not take effect until accepted by the Government. (7) Notwithstanding anything contained in the foregoing sub‑sections, the Government may, by notification, remove the Chairman or a Director at any time during the term of his office.",
"name": "Appointment and term of office of Chairman and Directors",
"related_acts": "",
"section_id": 5
},
{
"act_id": 314,
"details": "6. The name of every person appointed or elected or deemed to be elected as the Chairman or a Director shall be published in the official Gazette.",
"name": "Publication of names of the Chairman and Directors in the official Gazette",
"related_acts": "",
"section_id": 6
},
{
"act_id": 314,
"details": "7. (1) A casual vacancy in the office of a Director shall be filled by appointment or election, as the case may be and a Director elected to fill a vacancy shall hold office for the unexpired period of the term of his predecessor: Provided that it shall not be necessary to fill in a casual vacancy in the office of a Director for a period of less than three months. (2) No act or proceeding of the Corporation shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the composition of, the Board.",
"name": "Filling of casual vacancies",
"related_acts": "",
"section_id": 7
},
{
"act_id": 314,
"details": "8. (1) No person shall be appointed or elected or shall continue to be a Director who¬- (a) \tis found to be a lunatic or of unsound mind; or (b) \tis or at any time has been adjudged insolvent; or (c) \thas any interest whether as Proprietor, Director, employee or otherwise in any other road transport undertaking in Bangladesh or has any interest in any subsisting contract made with or in any work done for the Corporation; or (d) \tis or at any time has been convicted of an offence involving moral turpitude; or (e) \tis a minor. (2) No person shall be elected as Director of the Corporation for the purpose of clause (b) of sub section (1) of section 5 or appointed as such by the Government under the first proviso to that clause unless such a person holds 10,000 shares of the Corporation. (3) No Director shall continue in office after absenting himself from three consecutive meetings of the Board without the leave of the Chairman or, in the case of the Chairman, of the Government.",
"name": "Disqualifications for office of a Director",
"related_acts": "",
"section_id": 8
},
{
"act_id": 314,
"details": "9. (1) The Chairman shall- (a)\tattend every meeting of the Board unless prevented by sickness or other reasonable cause; (b)\tbe responsible for the orderly conduct of the business of the Corporation; (c)\texercise supervision and control over the acts and proceedings of all officers and servants of the Corporation in matters of administration; (d)\tfurnish the Government with copies of the minutes of any of the Corporation's proceedings and any returns or other information, which the Government may, from time to time, call for. (2) With the previous approval of the Board in respect of such matters as require such approval and where such action is necessary, the Chairman may- (a)\tinstitute, defend, or withdraw any proceeding and compound any offence; (b) \tadmit, compromise or withdraw any claim, and (c)\tobtain legal advice.",
"name": "Duties of Chairman",
"related_acts": "",
"section_id": 9
},
{
"act_id": 314,
"details": "10. (1) The Board shall meet not less than once a month at such time and place as the Chairman may decide. (2) The Chairman and, in his absence, such Director as may be chosen by the Directors present shall preside at the meetings of the Board. (3) All questions at a meeting shall be decided by a majority of votes of the Directors present and voting, the Chairman or, in his absence, any other Director presiding, having a second or casting vote where votes are equal. (4) The Secretary shall keep minutes of the meeting in a book to be provided for this purpose, which shall be signed, as soon as practicable, by the Chairman of such meeting.",
"name": "Meetings",
"related_acts": "",
"section_id": 10
},
{
"act_id": 314,
"details": "11. (1) 14Four Directors shall form the quorum at a meeting of the Board. (2) The quorum shall not be required in the case of a meeting adjourned for want of quorum or in the case of urgent meeting certified as such by the Chairman.",
"name": "Quorum",
"related_acts": "",
"section_id": 11
},
{
"act_id": 314,
"details": "12. Notice of not less than eight days shall be issued by the Secretary of the Corporation for all meetings of the Board except in the case of urgent meetings certified as such by the Chairman.",
"name": "Notice of meetings",
"related_acts": "",
"section_id": 12
},
{
"act_id": 314,
"details": "13. (1) Every Director of the Corporation shall be entitled to receive such allowances or fees for attendance at meetings of the Corporation or its Committees or Sub Committees as may be prescribed by the Government in consultation with the Corporation. (2) The Government may allow the Chairman or any Director to receive such monthly remuneration \tas may be fixed by it, and in such case, such Chairman or Director shall not be entitled to any allowance or fee prescribed under sub section (1).",
"name": "Allowances or fees",
"related_acts": "",
"section_id": 13
},
{
"act_id": 314,
"details": "14. (1) There shall be a Chief Traffic Manager, a Chief Accountant and a Chief Technical Officer of the Corporation to be appointed by the Board with the previous approval in writing of the Government. (2) The Board may appoint such other officers and servants as it considers necessary for the efficient performance of its functions. (3) The conditions of appointment and service and the scales of pay of the servants of the Corporation shall- (a)\tas respects the Chief Traffic Manager, the Chief Accountant and the Chief Technical Officer be such as may be prescribed by the Government; (b)\tas respects the other servants be such as may be determined by the Board with the previous approval in writing of the Government.",
"name": "Officers and servants of the Corporation",
"related_acts": "",
"section_id": 14
},
{
"act_id": 314,
"details": "15. The officers of the Corporation shall have powers to sanction expenditure to the extent authorised by the Board.",
"name": "Powers of Officers to sanction expenditure",
"related_acts": "",
"section_id": 15
},
{
"act_id": 314,
"details": "16. (1) It shall be the general duty of the Board to provide an efficient, adequate, economical and properly co-ordinated system of road transport service. (2) In discharging its functions, the Board shall act on commercial lines, and shall on questions of policy be guided by national interests. (3) Nothing in sub sections (1) and (2) shall be construed as imposing on the Corporation any form of duty or liability enforceable by proceedings before any Court or tribunal.",
"name": "General duties of the Board",
"related_acts": "",
"section_id": 16
},
{
"act_id": 314,
"details": "17. (1) The Board may appoint Sub Committees for such purposes as it may, from time to time, consider necessary and assign duties to such Sub Committees. (2) The Board may in order to invite constructive criticism and suggestion for the improvements of its services and ancillary functions, set up consultative committees, which may include local representatives of the official, commercial, agricultural and industrial interests.",
"name": "Appointment of Sub-Committee",
"related_acts": "",
"section_id": 17
},
{
"act_id": 314,
"details": "18. Subject to the provisions of this Ordinance, the Corporation shall have powers¬- (a)\tto operate road transport services in Bangladesh in co ordination with the Government, the railways or the steamer services; (b) \tto provide for any ancillary services; (c) \tto store goods; (d)\tto provide such bus stands and amenities and facilities for passengers and other persons making use of its services as may appear to it requisite or expedient; (e)\tto manufacture, purchase, maintain and repair rolling stock, vehicles, appliances, plant, equipment or any other thing required for the purpose of any of the activities of the Corporation; (f)\tto provide for facilities for training, education and research for the purpose of advancing the skill of its employees; (g)\tto buy land or take land on lease or under any form of tenancy; (h)\tto provide for its employees living accommodation, places for rest and recreation and other amenities; (i)\tto acquire and hold such property both movable and immovable as the Corporation may deem necessary for the purpose of any of the said activities, and to lease, sell or otherwise transfer any property held by it; (j)\tto purchase and sell vehicles, tyres, oils or any other stores; (k)\tto enter into and perform all such contracts as may be necessary for the performance of its duties; (l)\tto do all other things which in the opinion of the Corporation are necessary to facilitate the proper carrying on of the business of the Corporation; (m)\tto acquire by agreement or otherwise, whether absolutely or for any period, the whole or any part of an undertaking having any one or more of the activities specified in clauses (a) to (e) and pay compensation for property so acquired; (n)\tto undertake any other business which may be permitted by the Government; (o)\tto dispose of any property, assets whether movable or immovable or any transport undertaking, owned by the Corporation, with the prior approval of the Government; (p)\tto borrow, raise or secure the payment of money in such manner as the board may think fit and in particular by the issue of the debentures or debenture stock, whether perpetual or terminable or upon the whole or any part of the corporation's assets both present and future including uncalled capital and to purchase, redeem or pay off or discharge any such securities; and (q)\tto borrow money upon giving any security therefore and upon such terms as to priority or otherwise as the Board may think fit.",
"name": "Powers of Corporation",
"related_acts": "",
"section_id": 18
},
{
"act_id": 314,
"details": "19. (1) The Board may delegate such of its powers and duties as it may deem necessary for the efficient carrying on of its day to day administration under such conditions and limitations as it may specify to- (a)\tthe Chairman or any Director, or (b)\tany Sub Committee appointed under section 17, or (c)\tthe Chief Traffic Manager or any other officer or servant of the Corporation. (2) The Chairman may delegate such of his duties as he may deem necessary to the Chief Traffic Manager or any other employee of the Corporation.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 19
},
{
"act_id": 314,
"details": "1619A. The Government may, by notification in the official Gazette, exempt the motor vehicles owned by the Corporation from the operation of the provisions of 17sub section (1) of section 109 of the Motor Vehicles Ordinance, 1983 (LV of 1983), hereinafter in this Ordinance referred to as the said Ordinance: Provided that no such notification shall be issued unless a fund is established and is maintained by the Corporation in accordance with the rules made in that behalf under this Ordinance for meeting any liability arising out of the use of any vehicle of the Corporation which the Corporation or any person in the employment of the Corporation may incur to a third party.",
"name": "Exemption from certain provisions of the Motor Vehicles Ordinance, 1983, on establishment of a fund",
"related_acts": "654",
"section_id": 20
},
{
"act_id": 314,
"details": "20. Notwithstanding anything in the Act, the Government may, by notification in the official Gazette- (a)\tcancel generally or in relation to specified internal routes of such specified cities and towns 18any permit or class of permits granted under Chapter VI of the said Ordinance in respect of public service vehicles other than motor cabs in order to enable the Corporation to use its buses on the routes thus rendered vacant; (b)\tdirect the 19Bangladesh Road Transport Authority and the Transport Committees concerned to consider grant of Stage Carriage Permits for alternative mofussil routes in cases where the Government has cancelled any permit or class of permits under clause (a); and (c)\tgive effect to the terms of any agreement it has entered into with the Corporation relating to the regulation of motor transport generally and in particular to its co ordination with the Railways or the Steamer Services.",
"name": "Cancellation of certain route permits and rehabilitation of displaced permit holders",
"related_acts": "",
"section_id": 21
},
{
"act_id": 314,
"details": "21. (1) The Corporation may operate motor transport on any route it may think fit and where it so operates such transport, the 20Bangladesh Road Transport Authority or the Transport Committees under the said Ordinance shall, notwithstanding anything in the said Ordinance, have no jurisdiction in relation to such transport operated by the Corporation. (2) Where the Government has cancelled any permit or class of permits under clause (a) of section 20, the 21Bangladesh Road Transport Authority or the Transport Committees under the 22said Ordinance shall, notwithstanding anything in the 23said Ordinance, have no jurisdiction in respect of such permits or class of permits.",
"name": "Bar of jurisdiction of Bangladesh Road Transport Authority or the Transport Committees",
"related_acts": "",
"section_id": 22
},
{
"act_id": 314,
"details": "22. (1) The Corporation shall have power to acquire any property movable or immovable used in or for or ancillary to the operation of any motor transport conduct¬ed under a permit granted under the 24said Ordinance. (2) Whenever the Corporation intends to acquire any property under sub section (1), it shall serve a notice to that effect upon the owner of the property- (a)\tspecifying the property it tends to acquire, and (b)\tthe time within which the owner or any person claiming any interest in the property may make representation against such an acquisition, and also cause a similar notice to be published in the official Gazette. (3) After giving the person making any representation an opportunity of being heard, if there be any representation against the acquisition, or after the expiry of the time specified in the notice under sub section (2), if there be no such representation, the Corporation may acquire the property by serving an order of acquisition on the owner of the property or if such owner is not readily traceable, or the ownership is in dispute, by an order of acquisition published in the official Gazette. (4) For any property so acquired there shall be paid compensation, equivalent to the market value of the property acquired, to be calculated in such manner as the Government may prescribe. (5) If any dispute arises as to the amount of compensation payable under sub section (4), it shall be referred to the arbitration of a person who is or has been 25a Judge of the Supreme Court, and his award shall be final and binding on the parties and shall not be called in question in any Court of law nor shall anything in the Arbitration Act, 1940, apply to such arbitration. \t¬",
"name": "Power of the Corporation to acquire the property of road transport operators",
"related_acts": "",
"section_id": 23
},
{
"act_id": 314,
"details": "23B. The Corporation shall comply with every directions issued by the Government for the rectification of matters objected to in audit.",
"name": "Rectification of audit objections",
"related_acts": "",
"section_id": 24
},
{
"act_id": 314,
"details": "23. (1) The accounts of the Corporation shall be audited by an auditor holding a certificate under section 144 of the Companies Act, 1913, 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 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 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 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": 25
},
{
"act_id": 314,
"details": "2623A. (1) Notwithstanding anything contained in section 23, the Government shall make a request to the Comptroller and Auditor General of 27Bangladesh (hereinafter referred to as the Auditor General) to undertake audit of the accounts of the Corporation and during such time as the Auditor General consents to so undertake, the accounts of the Corporation shall, in addition to the audit done in the manner provided in section 23, be audited by the Auditor-General. (2) The Corporation shall at the time of such audit produce the account books and connected documents at such place or places and at such time as the Auditor General may fix and furnish such explanation and information as the Auditor General or an officer or officers authorised by him in this behalf may ask for. (3) The cost of such audit shall be borne by the Corporation.",
"name": "Audit by Auditor-General",
"related_acts": "",
"section_id": 26
},
{
"act_id": 314,
"details": "24. (1) In the first week of September every year, or as soon thereafter as is convenient, a general meeting shall be held annually at such time as may be determined by the Chairman; and at the meeting the Corporation shall submit to the share holders a balance sheet and statement of profit and loss of the Corporation made up to the preceding thirtieth day of June together with the Auditors' report on the annual balance sheet and accounts. (2) Every share holder shall be entitled to attend such general meeting and each share holder who has been registered as such for a period of not less than three months prior to the date of such meeting shall, when present in person, be entitled to a vote, and to an additional vote for every additional ten shares: Provided that no share holder shall be entitled to vote at any meeting unless all calls or other sums presently payable by him in respect of shares of the Corporation have been paid. (3) On a poll, votes may be given either personally or by proxy.",
"name": "General meeting",
"related_acts": "",
"section_id": 27
},
{
"act_id": 314,
"details": "25. (1) The Corporation shall, before three months of the expiry of financial year, submit to the Government, for approval, a statement of estimated receipts and expenditure in respect of the next financial year. (2) On its receipt the budget estimate will be examined by the Government who may- (a) \taccept it, or (b)\tdisallow it or a portion thereof and return it to the Corporation for amendment. (3) If any budget estimate or a portion thereof is so returned, the Corporation shall forthwith proceed to amend it and shall re submit it after amendment to the Government in time so that Government's approval may be communicated before the commencement of the next financial year.",
"name": "Power of Government over capital budget",
"related_acts": "",
"section_id": 28
},
{
"act_id": 314,
"details": "26. The Government shall have powers to appoint a Financial Adviser to the Corporation part time or otherwise if it so desires. Such appointment shall be published in the official Gazette.",
"name": "Power of Government to appoint a Financial Adviser",
"related_acts": "",
"section_id": 29
},
{
"act_id": 314,
"details": "27. The Government shall have powers to give directions to the Board as to the broad principles of policy and the Board shall carry out such directions.",
"name": "Directions by the Government",
"related_acts": "",
"section_id": 30
},
{
"act_id": 314,
"details": "28. If the Board allows any work acquired or constructed by it to fall into disrepair, does not complete any work commenced by it or duly estimated for and sanctioned, the Government may cause such work to be repaired, completed or constructed and the cost thereof shall be borne and paid by the Corporation: Provided that notice of not less than one month shall be given to the Board to repair, complete or construct such work before any action is taken by the Government.",
"name": "Government may carry out neglected works",
"related_acts": "",
"section_id": 31
},
{
"act_id": 314,
"details": "29. The Government may, at any time, order a survey and examination of any work or of the site thereof to be undertaken by the Board and the cost of such survey or examination shall be borne and paid by the Corporation: Provided that a notice of not less than one month shall be given to the Board to undertake survey and examination of the work before any action is taken by the Government.",
"name": "Government may order survey",
"related_acts": "",
"section_id": 32
},
{
"act_id": 314,
"details": "30. (1) The Government with a view to satisfying itself that the affairs and business of the Corporation are being conducted properly and efficiently, may at any time appoint an Officer or Officers to make enquiries into any activities of the Corporation and to report to the Government the result of such enquiries. (2) The Board and its Officers shall give to the Officer or Officers appointed under sub section (1) all facilities for the proper conduct of the enquiries.",
"name": "Power to order enquiries",
"related_acts": "",
"section_id": 33
},
{
"act_id": 314,
"details": "31. All acts and proceedings of the Corporation shall be subject to the control of the Government, and the Government may-¬ (a)\tcancel, suspend or modify any such acts or proceedings; (b)\tdirect what acts and proceedings of the Corporation shall be submitted to it, and in what form.",
"name": "Control of Government over Corporation’s acts and proceedings",
"related_acts": "",
"section_id": 34
},
{
"act_id": 314,
"details": "2832A. The Chairman, Directors, officers and servants of the Corporation 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 29* * * Penal Code.",
"name": "Public servant",
"related_acts": "",
"section_id": 35
},
{
"act_id": 314,
"details": "32B. No suit, prosecution or other legal proceedings shall lie against the Corporation or the Chairman, Directors, officers, or servants of the Corporation in respect of anything done, or intended to be done, in good faith, under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 36
},
{
"act_id": 314,
"details": "32. (1) If at any time the Government is satisfied- (a)\tthat the purposes intended to be accomplished under this Ordinance have not been and are not likely to be accomplished by the Board, or (b)\tthat it is desirable to withdraw or revoke the powers of the Board under this Ordinance in order to ensure the maintenance, improvement, development, or better administration of the transport system, it may, by an order published in the official Gazette, declare such powers to be withdrawn or revoked, for such period as may be specified in the order, and thereupon such powers shall be withdrawn and revoked accordingly and all the powers, rights, and authorities of the Board under this Ordinance shall vest in the Government: Provided that, in the case of clause (a), no powers shall be withdrawn unless notice of six months has been given to the Board and the Board fail to take measures to the satisfaction of the Government within the period of notice for properly accomplishing the purposes intended to be accomplished. (2) When the powers are withdrawn and revoked by an order under sub section (1), the Board of Directors shall, on such date as may be specified in the order, vacate their offices as such Directors but without prejudice to their eligibility for reappointment. (3) The Government may, by notification in the official Gazette, appoint any person, persons or authority to exercise on its behalf any or all of the powers vested in it under sub section (1).",
"name": "Power of Government to revoke power of the Board",
"related_acts": "",
"section_id": 37
},
{
"act_id": 314,
"details": "33. The Government may, by notification in the official Gazette, make rules for carrying into effect the provisions of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 38
},
{
"act_id": 314,
"details": "34. The Board may, with the previous sanction in writing of the Government, make regulations not inconsistent with the provisions of this Ordinance or the rules made thereunder- (a)\tfor determining the qualifications required for the recruitment of Officers and servants of the Corporation and prescribing terms and conditions of their employment; (b)\tfor determining the conditions under which gratuities and compensation may be paid to its officers and servants; (c)\tfor establishing any Provident Fund for the benefit of its officers and servants and authorising the payment of contributions to any such Provident Fund; and (d) \tto provide for holding and conduct of election of the Directors under this Ordinance.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 39
},
{
"act_id": 314,
"details": "35. 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 the Government may direct.",
"name": "Liquidation of Corporation",
"related_acts": "",
"section_id": 40
}
],
"text": "An Ordinance to establish a Road Transport Corporation for operating road transport services in Bangladesh. ♣ WHEREAS it is expedient to establish a Corporation for the purpose of operating road transport services in Bangladesh; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions from the President, the Governor is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance, namely:-"
} |
{
"id": 315,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh”, “Government”, “taka” and “poisha” were substituted respectively for the words “East Pakistan”, “Provincial Government”, “rupees” and “paisa” 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 “sixteen annas, sixty four pice or one hundred and ninety two pies to” 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 Land Dues (Rounding off to Decimal Coins) Ordinance, 1961 (East Pakistan Ordinance)",
"num_of_sections": 5,
"published_date": "10th May, 1961",
"related_act": [
388,
430
],
"repelled": false,
"sections": [
{
"act_id": 315,
"details": "1. (1) This Ordinance may be called the 2* * * \tLand Dues (Rounding off to Decimal Coins) Ordinance,\t1961. (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": 315,
"details": "2. Definitions.- 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": 2
},
{
"act_id": 315,
"details": "3. All sums payable to the Government as land revenue, rent or fee on account of use and occupation of land, or as premium or selami on account of settlement of land, or as interest or damages on arrears of such land revenue, rent, fee, premium or selami, and all amounts payable to the Bangladesh as costs of any legal proceeding for recovery of such sums, under any law for the time being in force or any contract or any order, declaration or decree of a Court which were outstanding and unpaid at the end of the 31st December 1960, expressed in taka, annas and pice or pies shall be converted to their equivalent value in taka and poisha at the rate of 3* * * one hundred poisha, a fraction of a poisha up to one half being disregarded and that above one half being regarded as one poisha.",
"name": "Mode of conversion of land dues expressed in old coins into new coins",
"related_acts": "",
"section_id": 3
},
{
"act_id": 315,
"details": "4. (1) Notwithstanding anything contained in any other law for the time being in force or in any contract or any order, declaration or decree of any Court, all sums \tpayable to the Government as land revenue or rent or fee on account of use and occupation of land or as premium or selami on account of settlement of land, falling due on or after the first day of January 1961, shall \tbe expressed in taka and poisha and shall be rounded off to the nearest five poisha. (2) In rounding off to the nearest five poisha, the sum payable shall first be expressed in taka and poisha in accordance with the provisions of section 3 and then any part of a sum payable in excess of multiples of ten poisha which is for one or two poisha shall be disregarded, which is for three, four, five, six or seven poisha shall be regarded as five poisha and which is for eight or nine poisha shall be regarded as ten poisha: Provided that when the sum payable is less than ten poisha, any sum for one, two, three, four, five, six or seven poisha shall be rounded off to five poisha and any sum for eight or nine poisha shall be rounded off to ten poisha. (3) In rounding off to the nearest five poisha where the land revenue, rent, fee, premium or selami is due to be paid in the instalments, the sum payable for each instalment shall be rounded off. (4) Where a sum payable has been rounded off, the rounded off amount shall from that time onward be deemed to be the sum payable instead of the previous amount.",
"name": "Rounding off land dues falling due on 1st January, 1961 or thereafter to the nearest five poisha",
"related_acts": "",
"section_id": 4
},
{
"act_id": 315,
"details": "5. Notwithstanding anything contained in any other law for the time being in force, where the rounding off under section 4 results in an enhancement of land revenue or rent, such enhancement shall not be deemed to be an enhancement within the meaning of any law under which an enhancement of rent confers any privilege or imposes any liability on, or gives any protection to, the person liable to pay such land revenue or rent or any other person claiming through him.",
"name": "Enhancement of land revenue or rent resulting from rounding off : its effect on other laws",
"related_acts": "",
"section_id": 5
}
],
"text": "An Ordinance to round off certain land dues to convenient decimal coins. 1♣ WHEREAS it is necessary to round off arrears of certain land dues as well as future demands on account of such land dues in a manner that payment thereof may be conveniently made in terms of decimal coinage; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions of the President, the Governor of East Pakistan is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance, namely:-"
} |
{
"id": 316,
"lower_text": [
"1 The word “Bangladesh” was substituted for the words “East Pakistan” by Article 2 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"2 The words “East Pakistan” were omitted by Article 3 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"3 The word “Bangladesh” was substituted for the words “East Pakistan” by Article 3 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"4 The word “Provincial” was omitted by Article 3 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"5 The word “Provincial” was omitted by Article 4 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"6 The word “Provincial” was omitted by Article 5 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"7 The word “fifteen” was substituted for the word “nine” by section 2 of the Government Educational and Training Institutions (Amendment) Ordinance, 1979 (Ordinance No. XXIV of 1979)",
"8 The words “the President of Bangladesh” were substituted for the words “the Governor of East Pakistan” by Article 6 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"9 The word “President” was substituted for the word “Governor” by Article 6 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"10 The words “the President of Bangladesh” were substituted for the words “the Governor of East Pakistan” by Article 6 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"11 The words “The President of Bangladesh” were substituted for the words “The Governor of East Pakistan” by Article 7 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"12 The word “Taka” was substituted for the word “rupees” by section 3 of the Government Educational and Training Institutions (Amendment) Ordinance, 1979 (Ordinance No. XXIV of 1979)",
"13 The word “Provincial” was omitted by Article 8 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"14 The word “Provincial” was omitted by Article 8 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"15 The word “Provincial” was omitted by Article 8 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"16 The word “State” was substituted for the word “Province” by Article 9 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"17 The word “Provincial” was omitted by Article 9 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"18 The word “Provincial” was omitted by Article 9 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"19 The word “Provincial” was omitted by Article 10 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"20 The word “Provincial” was omitted by Article 10 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"21 The word “Provincial” was omitted by Article 10 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"22 The word “Provincial” was omitted by Article 10 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"23 The word “Provincial” was omitted by Article 10 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"24 The word “Provincial” was omitted by Article 10 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"25 The word “Provincial” was omitted by Article 10 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"26 The word “Provincial” was omitted by Article 10 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"27 The word “Provincial” was omitted by Article 10 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"28 The word “Provincial” was omitted by Article 10 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"29 The word “Provincial” was omitted by Article 10 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"30 The word “Provincial” was omitted by Article 10 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"31 The word “Pakistan” was omitted by Article 11 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)",
"32 The word “Provincial” was omitted by section 4 of the Government Educational and Training Institutions (Amendment) Ordinance, 1979 (Ordinance No. XXIV of 1979)",
"33 The word “Provincial” was omitted by section 4 of the Government Educational and Training Institutions (Amendment) Ordinance, 1979 (Ordinance No. XXIV of 1979).",
"34 The word “Provincial” was omitted by section 4 of the Government Educational and Training Institutions (Amendment) Ordinance, 1979 (Ordinance No. XXIV of 1979)",
"35 The word “Provincial” was omitted by Article 10 of the Government Educational and Training Institutions (Adaptation) Order, 1972 (President’s Order No. 71 of 1972)"
],
"name": "The Government Educational and Training Institutions Ordinance, 1961 (East Pakistan Ordinance)",
"num_of_sections": 18,
"published_date": "4th August, 1961",
"related_act": [
400,
11
],
"repelled": false,
"sections": [
{
"act_id": 316,
"details": "1. (1) This Ordinance may be called the 2* * * Government Educational and Training Institutions Ordinance, 1961. (2) It extends to the whole of 3Bangladesh. (3) It shall come into force at once. (4) It shall apply to such institutions and from such dates as may be notified by the 4* * * Government.",
"name": "Short title, extent, commencement and application",
"related_acts": "",
"section_id": 1
},
{
"act_id": 316,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Governors of an institution established under section 3; (b)\t“Chairman” means the Chairman of the Board; (c)\t“institution” means an educational or training institution set up, or to be set up, and notified by the 5* * * Government under sub-section (4) of section 1, and includes an establishment or organisation attached thereto; (d)\t“member” means a member of the Board; (e)\t“prescribed” means prescribed by rules made under this Ordinance; and (f)\t“Principal” means the principal officer in charge of an institution by whatever style he may be designated, and includes any officer for the time being performing his functions.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 316,
"details": "3. (1) The 6* * * Government may establish a Board of Governors for the efficient management and control of an institution. (2) The Board shall be a body corporate and have perpetual succession and a common seal, with power to enter into contract and to acquire and hold property, movable and immovable, and shall, by its corporate name, sue and be sued.",
"name": "Establishment of a Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 316,
"details": "4. (1) The Board shall consist of not more than 7fifteen members to be appointed by 8the President of Bangladesh; and the number of official members and non official members shall be in such proportion as may be fixed by the 9President. (2) One of the members shall be appointed by 10the President of Bangladesh to be the Chairman of the Board. (3) Official members, if any, shall be appointed by designation. (4) Non official members, if any, shall hold office for a period of 3 years and shall be eligible for re appointment. (5) The Principal shall be the Secretary of the Board.",
"name": "Constitution of the Board",
"related_acts": "",
"section_id": 4
},
{
"act_id": 316,
"details": "5. 11The President of Bangladesh may remove any member before the expiry of his term of office without assigning any reason therefore.",
"name": "Removal of members",
"related_acts": "",
"section_id": 5
},
{
"act_id": 316,
"details": "6. The meetings of the Board shall be held at such times, in such places and in accordance with such procedure as may be prescribed.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 316,
"details": "7. Subject to other provisions of this Ordinance, the Board shall have full power to administer, control and manage an institution and, in particular, in respect of the following matters:- (a) \tto acquire and dispose of property and generally to enter into contracts in conformity with the purposes of this Ordinance; (b) \tto recruit and to determine the terms and conditions of service of the Principal and other members of the staff of the institution, and all other officers and employees of the Board: Provided that, in determining the terms and conditions of service in relation to any post carrying a salary of more than five hundred 12Taka per mensem, the previous sanction of the 13* * * Government shall be necessary; (c)\tto formulate the budget of the institution for approval of the 14* * * Government; (d)\tto set up an Executive Committee and such other Standing Committees as may, from time to time, be required for carrying out the purposes of this Ordinance; (e)\tto delegate powers to the Chairman, the Executive Committee, any Standing Committee, the Principal, or other staff of the institution and other officers and employees of the Board; and (f)\tto frame, subject to the approval of the 15* * * Government, regulations for the conduct of business of the Board.",
"name": "General powers of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 316,
"details": "8. Any person serving, in connection with the affairs of the 16State, in an institution in any capacity immediately before the date notified under sub section (4) of section 1, may be transferred by the 17* * * Government for service under the Board on such terms and conditions as the 18* * * Government may determine: Provided that such terms and conditions shall not be less favourable than those which would have been admissible to him if he had not been so transferred; and no such person shall be dismissed, removed from service or reduced in rank by an authority subordinate to that by which he was appointed.",
"name": "Provisions regarding staff",
"related_acts": "",
"section_id": 8
},
{
"act_id": 316,
"details": "9. All property, movable or immovable, vesting in the 19* * * Government in connection with the affairs of the institution immediately before the date notified under sub section (4) of section 1, shall vest in the Board with effect from the said date; and in the event of the 20* * * Government rescinding the notification made under sub section (4) of section 1, the property vesting in the Board shall stand transferred to the 21* * * Government.",
"name": "Property",
"related_acts": "",
"section_id": 9
},
{
"act_id": 316,
"details": "10. (1) There shall be a fund to be known as Board Fund vested in the Board. (2) The Board Fund shall consist of - (a)\tgrants in aid made by the 22* * * Government; (b)\tloans obtained from Government; (c)\tloans raised by the Board with the general or special sanction of the 23* * * Government; (d)\tforeign aid and loan obtained by the Board with the sanction of and on terms and conditions approved by the 24* * * Government; and (e) \tfees and other sums received by the Board. (3) All moneys at the credit of the Board shall be kept in such custody as may be prescribed. (4) The Board Fund shall be utilised by the Board in connection with its functions under this Ordinance including the payment of salaries and other remunerations of the Principal and staff of the institution and of officers and employees appointed under this Ordinance.",
"name": "Board Fund",
"related_acts": "",
"section_id": 10
},
{
"act_id": 316,
"details": "11. The Board shall maintain its accounts in such form and manner as may be prescribed.",
"name": "Maintenance of accounts",
"related_acts": "",
"section_id": 11
},
{
"act_id": 316,
"details": "12. The Board shall submit a statement of estimated receipts and expenditures in respect of the next financial year to the 25* * * Government for approval at such time and in such manner as may be prescribed, and shall give effect to any modifications made therein by the 26* * * Government.",
"name": "Annual financial statements",
"related_acts": "",
"section_id": 12
},
{
"act_id": 316,
"details": "13. (1) As soon as may be, after the close of every financial year but not later than the last day of September next following, the Board shall submit to the 27* * * Government for approval a report on the conduct of the affairs of the Board for that year. (2) The 28* * * Government may require the Board to furnish- (a)\tany return, statement, estimate, statistics or other information or report regarding any matter under the administration, control or management of the Board, or (b)\ta copy of any document in the custody of the Board, and the Board shall comply with every such requisition.",
"name": "Returns and Statements",
"related_acts": "",
"section_id": 13
},
{
"act_id": 316,
"details": "14. (1) The accounts of the Board shall be audited in such manner as may be prescribed. (2) Copies of the Audit Report shall be sent to the Board and, with the comments of the Board, to the 29* * * Government. (3) The Board shall carry out any directive issued by the 30* * * Government for rectification of an audit objection.",
"name": "Audit",
"related_acts": "",
"section_id": 14
},
{
"act_id": 316,
"details": "15. The Chairman and members of the Board, the members of the Executive Committee and the Standing Committees constituted under this Ordinance, and the officers and employees of the institution and other officers and employees appointed under this Ordinance shall, when acting or purporting to act in pursuance of the provisions of this Ordinance, be deemed to be public servants within the meaning of section 21 of the 31* * * Penal Code, 1860.",
"name": "Chairman, members and employees to be public servants",
"related_acts": "11",
"section_id": 15
},
{
"act_id": 316,
"details": "16. No suit, prosecution or legal proceeding shall lie against the Board, Chairman, members or officers and employees of the Board or institution in respect of anything done or intended to be done, in good faith, under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 16
},
{
"act_id": 316,
"details": "17. (1) The 32* * * Government may make rules for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:- (a)\tthe terms and conditions on which Government servants may be transferred to the Board; (b)\tthe frequency of meetings of the Board and the procedure that shall be followed at such meetings; (c)\tthe forms and registers for keeping the accounts; (d)\tthe manner in which, and the time at which, the Annual Financial Statement shall be submitted to the 33* * * Government for approval; (e)\tthe returns, statements, estimates, statistics, information or reports which may be submitted to the 34* * * Government; (f)\tthe manner in which the accounts of the Board shall be audited; (g)\tthe custody in which the Board Fund shall be kept; and (h) any other matter required under the provisions of this Ordinance to be prescribed.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 17
},
{
"act_id": 316,
"details": "18. The Board may, subject to the previous approval of the 35* * * Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for carrying out the purposes of this Ordinance.",
"name": "Regulations",
"related_acts": "",
"section_id": 18
}
],
"text": "An Ordinance to establish Boards of Governors for the Government Educational and Training Institutions in 1Bangladesh. WHEREAS it is expedient to establish Boards of Governors for some Government Educational and Training Institutions in Bangladesh for the efficient administration, control and management thereof; 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": 317,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted for the words “East Pakistan” or “Pakistan” and “Provincial Government” or “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 “East 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 “The President of the People’s Republic of Bangladesh” were substituted for the words “The Governor of East Pakitsan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 Clause (iia) was inserted by section 2 of the Agricultural University (Amendment) Act, 1999 (Act No. XIII of 1999)",
"5 Section 13A was inserted by section 3 of the Agricultural University (Amendment) Act, 1999 (Act No. XIII of 1999)",
"6 Clause (ia) was inserted by section 4 of the Agricultural University (Amendment) Act, 1999 (Act No. XIII of 1999)",
"7 Clauses (ii) and (iii) were substituted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 Clause (ia) was inserted by section 4 of the Agricultural University (Amendment) Act, 1999 (Act No. XIII of 1999)",
"9 Clause (iia) was inserted by section 2 of the Agrucultural University (Amendment) Ordinance, 1986 (Ordinance No. XXVIII of 1986)",
"10 Clause (iv) was substituted by section 2 of the Agrucultural University (Amendment) Ordinance, 1986 (Ordinance No. XXVIII of 1986)",
"11 Clause (gg) was inserted by section 4 of the East Pakistan Agricultural University (Amendment) Ordinance, 1962 (East Pakistan Ordinance No. XXV of 1962)",
"12 The word “Government” was substituted for the words “Central or the 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 “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)"
],
"name": "The Agricultural University Ordinance, 1961 (East Pakistan Ordinance)",
"num_of_sections": 38,
"published_date": "18th August, 1961",
"related_act": [
388,
430,
47
],
"repelled": false,
"sections": [
{
"act_id": 317,
"details": "1. (1) This Ordinance may be called the 2* * * Agricultural University Ordinance, 1961. (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": 317,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Authority” means any of the Authorities of the University specified in section 15; (b) (i) “college” means an educational institution imparting instruction in Agriculture and other branches of learning connected with Agriculture at degree and post graduate levels; (ii) “constituent college” means a college established and maintained by the University as an integral part thereof within the campus of the University and includes a college forming an integral part of the University under sub-section (2) of section 6; (iii) “affiliated college” means a college admitted to the privileges of the University under sub-section (1) of section 7; (c)\t“Dean” means the Head of a Faculty of the University; (d)\t“teacher” includes a Professor, Reader, Lecturer and any other person appointed to a teaching post in the University; and (e)\t“University” means the Bangladesh Agricultural University established under section 3.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 317,
"details": "3. (1) An Agricultural University shall be established at Mymensingh in accordance with the provisions of this Ordinance and the campus of the University shall comprise such area as the Government may, by notification in the official Gazette, declare. (2) 3The President of the People's Republic of Bangladesh or a person designated by him shall be the Chancellor of the University. (3) The first Chancellor, the first Vice Chancellor appointed under section 12, and the first members of the Syndicate and of the Academic Council constituted under section 16 and section 18 respectively, and all persons who may hereafter become such Chancellor, Vice Chancellor, or members are hereby constituted a body corporate by the name of the Bangladesh Agricultural University. (4) The University shall have a perpetual succession and a common seal and may sue or be sued by the said name.",
"name": "Establishment and incorporation",
"related_acts": "",
"section_id": 3
},
{
"act_id": 317,
"details": "4. The University shall be competent to acquire property, both movable and immovable, and hold property which has become vested in or has been acquired by it, and to contract, transfer and do all other things necessary for the purposes of this Ordinance in connection with such property.",
"name": "Right to property",
"related_acts": "",
"section_id": 4
},
{
"act_id": 317,
"details": "5. The University shall have the following powers, namely:- (a)\tto provide for instruction in Agriculture and such branches of learning connected with Agriculture as the University may think fit to provide, at degree and post graduate levels, and to make provisions for research and for the advancement and dissemination of knowledge in those subjects; (b)\tto hold examinations and to grant and confer certificates, diplomas, degrees and other academic distinctions to and on persons who- (i)\thave pursued a course of study provided or prescribed by the University, and have passed the examinations of the University under such conditions as may be prescribed by the University Ordinances, and (ii)\tare admitted to the examinations of the University and have passed the examinations of the University under such conditions as may be prescribed by the University Ordinances; (c)\tto confer research degrees on persons who have carried on independent research under such conditions as may be prescribed by the University Ordinances; (d) \tto confer honorary degrees or other academic distinctions on approved persons in the manner prescribed by the Statutes; (e) \tto co operate with other Universities, Boards and Institutes in such manner and for such purposes as the University may determine; (f) \tto institute Professorship, Readership, Lecturership, and any other teaching or administrative post required by the University, and to appoint persons to such Professorship, Readership, Lecturership and post; (g) \tto\tinstitute and award Fellowships, Scholarships, Medals and Prizes in accordance with the University Ordinances; (h)\tto establish Teaching Departments, Faculties, Institutes, Constituent colleges and Halls within the campus of the University and to make such arrangements for their maintenance, management and administration as it may deem necessary; (i) \tto admit colleges lying outside the campus of the University to the privileges of the University; (j) \tto demand and receive payment of such fees and other charges as may be prescribed by the Statutes; (k)\tto supervise and control the residence and discipline of the students of the University, to regulate their extra curricular activities, to make arrangements for promoting their health, and to ensure that they do not, in anyway, associate with undesirable persons, who, in the opinion of the University, exploit or are likely to exploit any association of students, whether in respect of extra curricular or in respect of curricular activities; (l)\tto receive grants, bequests, trusts, gifts, donations, endowments and other contributions made to the University for specific purposes; and (m)\tto do such other acts, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University.",
"name": "Powers of the University",
"related_acts": "",
"section_id": 5
},
{
"act_id": 317,
"details": "6. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no educational institution lying within the campus of the University and imparting instruction in Agriculture and other branches of learning connected with Agriculture for which the University provides instruction, shall be associated in any way with, or seek admission to, any privileges of any other University. (2) Any educational institution as mentioned in sub-section (1) which has been affiliated to any other University before the coming into force of this Ordinance, shall cease to be affiliated to such other University and such other University shall cease to have any jurisdiction over such institution immediately on the coming into force of this Ordinance; and such institution shall form an integral part of, and be maintained by, the University.",
"name": "Institutions within University campus",
"related_acts": "",
"section_id": 6
},
{
"act_id": 317,
"details": "7. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, any educational institution situated anywhere in Bangladesh outside the campus of the University and imparting instruction in Agriculture and other branches of learning connected with Agriculture for which the University provides instruction, may apply to the University for being admitted to the privileges of the University; and the University may, subject to the sanction by the Government and subject to the Statutes, admit such institution to the privileges of the University under such terms and conditions as the University may deem fit to impose. (2) On and from the date on which an educational institution is admitted to the privileges of the University under sub section (1), any other University which had jurisdiction over such institution and to which such institution was affiliated, shall cease to have any jurisdiction over such institution. (3) No educational institution admitted to the privileges of the University under sub section (1) shall be associated in any way with, or seek admission to, any privileges of any other University.",
"name": "Institutions outside University campus",
"related_acts": "",
"section_id": 7
},
{
"act_id": 317,
"details": "8. The University shall be open to all persons of either sex and of whatever religion, race, creed, colour or class and no person shall be denied the privileges of the University on the ground of his religion, race, creed, colour or class.",
"name": "University open to all classes and creeds",
"related_acts": "",
"section_id": 8
},
{
"act_id": 317,
"details": "9. (1) The Government shall have the right to cause an inspection to be made, by such person or persons as it may direct, of the University and its buildings, laboratories, libraries, museums, workshops and equipment, of any institution or college maintained or recognised by, or admitted to the privileges of, the University, of the teaching and other work conducted by the University, and of the conduct of examinations held by the University, and to cause an enquiry to be made in respect of any matter connected with the University. The Government shall, in every such case, give notice to the Syndicate of its intention to cause an inspection or enquiry to be made, and the Syndicate shall be entitled to be represented thereat. (2) The Government shall communicate to the Syndicate its views with regard to the results of such inspection or inquiry and shall, after ascertaining thereon the views of the Syndicate, advise the Syndicate on the action to be taken. (3) The Syndicate shall communicate to the Government such action, if any, as has been taken or is proposed to be taken upon the results of the inspection or inquiry. (4) Where the Syndicate does not, within a reasonable time, take action to the satisfaction of the Government, the Government may, after considering any explanation furnished or representation made by the Syndicate, issue such directions as it thinks fit and the Vice Chancellor shall comply with such directions.",
"name": "Visitation",
"related_acts": "",
"section_id": 9
},
{
"act_id": 317,
"details": "10. The following shall be the officers of the University:- (i) \tthe Chancellor, (ii) \tthe Vice-Chancellor, 4(iia) \tthe Pro-Vice-Chancellor; (iii)\tthe Registrar, (iv)\tthe Treasurer, (v)\tthe Controller of Examinations, and (vi)\tsuch other persons as may be prescribed by the Statutes to be the officers of the University.",
"name": "Officers of the University",
"related_acts": "",
"section_id": 10
},
{
"act_id": 317,
"details": "11. (1) The Chancellor of the University shall, when present, preside at the Convocations of the University. (2) The Chancellor may remove any person from the membership of any Authority, if such person (i) is of unsound mind; (ii) has been incapacitated to function as member of such Authority; or (iii) has been convicted by a Court of law of an offence involving moral turpitude. (3) The Chancellor may withdraw the degree or diploma conferred on, or granted to, any person by the University if such person has been convicted by a Court of law of an offence involving moral turpitude. (4) The Chancellor may, by order in writing, annul any proceeding of any of the Authorities which, in his opinion, is not in conformity with this Ordinance, the Statutes or the University Ordinances: Provided that before making any such order he shall, through the Vice Chancellor, call upon the said Authority to show cause why such an order should not be made. (5) Every proposal for the conferment of an honorary degree shall be subject to the confirmation of the Chancellor. (6) The Chancellor may, if he is satisfied that exceptional circumstances seriously interfering with the normal activities of the University exist, pass such orders as he may consider necessary in the interests of the University; and such orders shall be binding on the Authorities and their members, and the officers, teachers and other employees of the University and shall be given effect to by the Vice Chancellor.",
"name": "The Chancellor: his powers",
"related_acts": "",
"section_id": 11
},
{
"act_id": 317,
"details": "12. (1) The Vice Chancellor shall, by notification in the official Gazette, be appointed by the Chancellor on such terms and conditions as the Chancellor may determine. (2) The Vice Chancellor shall hold office for four years from the date of his appointment and, on the expiration of his term of office, shall be eligible for re appointment. (3) When the office of Vice Chancellor falls vacant temporarily by reason of leave, illness or other causes, the Chancellor shall make such arrangements for carrying on the duties of the office of Vice Chancellor as he may think fit.",
"name": "The Vice Chancellor",
"related_acts": "",
"section_id": 12
},
{
"act_id": 317,
"details": "13. (1) The Vice Chancellor shall be the principal executive and academic officer of the University and shall, if present, preside at the meetings of the Syndicate, the Academic Council, the Faculties, the Committee for Advanced Studies and Research, the Selection Board, the Finance Committee and the Planning and Development Committee. In the absence of the Chancellor, he shall preside at the Convocations of the University. He shall be entitled to attend and preside at any meeting of any Authority or other body or committee of the University. (2) The Vice Chancellor shall ensure that the provisions of this Ordinance, the Statutes and the University Ordinance are faithfully observed and carried out, and he shall exercise all powers necessary for this purpose. (3) In an emergency arising out of the business of the University and requiring, in the opinion of the Vice-Chancellor, immediate action, the Vice Chancellor may take such action as he may deem necessary, and shall report the action so taken to the Authority concerned as early as possible. (4) The Vice Chancellor shall have the power to appoint, punish or dismiss such employees of the University as may be laid down in the Statutes. (5) The Vice Chancellor shall have the power to create and fill temporary posts for a period not exceeding six months. (6) The Vice Chancellor may, subject to such conditions as may be prescribed by the Statutes, delegate any of his powers to such officers and employees of the University as he may determine. (7) The Vice Chancellor shall exercise such other powers as may be prescribed by the Statutes.",
"name": "Powers of the Vice Chancellor",
"related_acts": "",
"section_id": 13
},
{
"act_id": 317,
"details": "513A. (1) The Chancellor may, if he deems fit so to do, appoint one or more Pro-Vice-Chancellors on such terms and conditions and for such period as he may determine. (2) The Pro-Vice-Chancellor shall perform such duties as may be prescribed by the Statutes and University Ordinance.",
"name": "The Pro-Vice-Chancellor",
"related_acts": "",
"section_id": 14
},
{
"act_id": 317,
"details": "14. Subject to the provisions of this Ordinance, the powers and duties of other officers of the University shall be such as may be prescribed by the Statutes.",
"name": "Other officers",
"related_acts": "",
"section_id": 15
},
{
"act_id": 317,
"details": "15. The following shall be the Authorities of the University:- (i)\tthe Syndicate, (ii) \tthe Academic Council, (iii)\tthe Faculties, (iv)\tthe Boards of Studies, (v)\tthe Selection Board, (vi)\tthe Committee for Advanced Studies and Research, (vii)\tthe Finance Committee, (viii) the Planning and Development Committee, and (ix)\tsuch other Authorities as may be prescribed by the Statutes.",
"name": "Authorities",
"related_acts": "",
"section_id": 16
},
{
"act_id": 317,
"details": "16. The Syndicate shall consist of the following members:- (i)\tthe Vice Chancellor (Chairman); 6(ia)\tthe Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors; 7(ii) \tthe Director General of Secondary and Higher Secondary Education; (iii)\tthe Director General of Bangladesh Agriculture Research Institute; (iv)\ttwo Deans to be nominated by the Chancellor; (v)\tsix persons to be nominated by the Chancellor.",
"name": "Syndicate",
"related_acts": "",
"section_id": 17
},
{
"act_id": 317,
"details": "17. Subject to the other provisions of this Ordinance, the Syndicate shall have the general management of, and superintendence over, the affairs, concerns and property of the University, and shall exercise such superintendence in accordance with the provisions of this Ordinance, the Statutes and the University Ordinances made thereunder. In particular it- (a) \tshall determine the form, provide for the custody, and regulate the use of the common seal of the University; (b)\tshall hold, control and administer the property and funds of the University, and make contracts on behalf of the University; (c)\tshall have power to transfer and accept transfer of any movable or immovable property on behalf of the University in accordance with the Statutes that may be prescribed; (d)\tshall manage and regulate the finances, accounts and investments of the University; (e)\tmay invest any moneys belonging to the University, including any unapplied income, in any of the securities described in section 20 of the Trusts Act, 1882, or in the purchase of immovable property in Bangladesh with the like power of varying such investments, or may place on fixed deposits in any approved Bank any portion of such moneys not required for immediate expenditure; (f)\tshall administer any funds placed at the disposal of the University for specific purposes; (g)\tshall consider and pass the budget of the University; (h)\tshall admit colleges to the privileges of the University, subject to the provisions of this Ordinance and under such conditions as may be prescribed by the Statutes; (i)\tshall arrange for and direct the inspection of colleges and Teaching Departments; (j)\tmay institute such teaching or administrative posts as it may consider necessary; (k)\tmay abolish or suspend any existing teaching or administrative post in the University; (l)\tshall, subject to the other provisions of this Ordinance and the Statutes, appoint the officers on the recommendation of the Vice Chancellor, and teachers on the recommendation of the Selection Board, and shall determine their duties and conditions of appointment; (m)\tmay confer and grant degrees and diplomas; (n)\tshall, subject to the other provisions of this Ordinance, regulate, determine and administer all matters concerning the University, and, to this end, shall exercise all other powers not otherwise provided for by this Ordinance, or the Statutes and the University Ordinances; and (o)\tmay delegate any of its powers to an officer or an Authority of the University or to a committee or sub committee appointed for a specific purpose.",
"name": "Powers and duties of the Syndicate",
"related_acts": "47",
"section_id": 18
},
{
"act_id": 317,
"details": "18. The Academic Council shall consist of the following:- (i) \tthe Vice Chancellor (Chairman); 8(ia) \tthe Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors; (ii)\tthe Deans of the Faculties; 9(iia) \tthe Director of Graduate Training Institute; (iii)\tthe Heads of the University Teaching Departments; 10(iv) \tthe University Professors and Associate Professors; (v)\tfive persons to be nominated by the Chancellor.",
"name": "Academic Council",
"related_acts": "",
"section_id": 19
},
{
"act_id": 317,
"details": "19. Subject to the other provisions of this Ordinance and the Statutes, the Academic Council shall have the power- (a) to advise the Syndicate on all academic matters; (b) to make University Ordinances for the proper conduct of teaching, research and examination, and for promoting academic life in the University and the colleges; (c) to lay down conditions under which students may be given admission to the various courses of study and the examinations held by the University; (d) to propose to the Syndicate schemes for the constitution of University Departments and Boards of Studies; (e) to deal with University teaching and to make proposals for the planning and development of teaching and research in the University; (f) to prescribe, subject to the approval of the Syndicate and upon the recommendations of the Boards of Studies and Faculties, the courses of studies, the syllabuses and the outlines of texts for all the examinations: Provided that if the recommendations of a Board of Studies or Faculty are not available to the Academic Council by the 10th of April each year, it may, subject to the approval of the Syndicate, continue, for the next year, the courses of studies already prescribed for an examination; (g) to recognise the examinations of other Universities or Boards as equivalent to the corresponding examinations of the University; and (h) to make University Ordinance, for the award of Fellowships, Scholarships, medals and prizes.",
"name": "Powers and duties of the Academic Council",
"related_acts": "",
"section_id": 20
},
{
"act_id": 317,
"details": "20. The term of office of the nominated members and the quorum for the meeting of the Syndicate and of the Academic Council shall be prescribed by the Statutes.",
"name": "Term of office of members of the Syndicate and the Academic Council",
"related_acts": "",
"section_id": 21
},
{
"act_id": 317,
"details": "21. Subject to the provisions of this Ordinance, the constitution, powers and duties of the Faculties, Boards of Studies, Selection Boards, Committee for Advanced Studies and Research, Finance Committee, Planning and Development Committee and other Authorities shall be such as may be prescribed by the Statutes.",
"name": "Constitution, powers and duties of the authorities",
"related_acts": "",
"section_id": 22
},
{
"act_id": 317,
"details": "22. Subject to the provisions of this Ordinance, the Statutes may provide for all or any of the following matters, namely:- (a) the constitution, powers and duties of the Authorities; (b) the constitution of pension and provident funds for the benefit of the officers, teachers and other employees of the University; (c) the designations, powers and duties of the officers and teachers of the University; (d) the conditions of service of the officers, teachers and other employees of the University; (e) the mode of appointment of the officers and teachers of the University; (f) the duration of courses; (g) the medium of instruction and examinations; (h) the fees to be charged for courses of study in the University and for admission to the examinations held by the University; (i) the creation and abolition of posts; (j) the establishment of Teaching Departments and constituent colleges; and (k) all other matters which, by this Ordinance, are to be, or may be, prescribed by the Statutes.",
"name": "Statutes",
"related_acts": "",
"section_id": 23
},
{
"act_id": 317,
"details": "23. (1) On the commencement of this Ordinance, the Statutes set out in the Schedule shall be the Statutes of the University. (2) The Statutes may be amended, repealed or added to by Statutes made by the Syndicate in the manner hereinafter appearing. (3) The Syndicate may propose to the Chancellor the draft of any Statute to be assented to by him: Provided that no Statute relating to any matter mentioned in clauses (f), (g), (h), (i) and (j) of section 22 shall be proposed unless it has first been referred to the Academic Council and the Academic Council has expressed its opinion on it. (4) A Statute proposed by the Syndicate shall have no validity until it has been assented to by the Chancellor. The Chancellor may assent to a Statute as proposed by the Syndicate or withhold his assent, or may refer it back to the Syndicate for re consideration; and the Statute shall be re submitted to the Chancellor for his assent thereto.",
"name": "Framing of Statutes",
"related_acts": "",
"section_id": 24
},
{
"act_id": 317,
"details": "24. The Academic Council may, subject to the provisions of this Ordinance and the Statutes, frame University Ordinances providing for all or any of the following matters- (a)\tregistration of the students in the University, and admission of the students in the University and constituent and affiliated colleges; (b)\tequivalence of examinations conducted by other Universities and institutions; (c)\tframing of detailed syllabuses for the examinations held by the University; (d)\tconditions of admission to the examinations held by the University; (e)\tconduct of examinations; (f)\tcondition of residence of the students; (g)\tcondition of admission to the Teaching Departments and constituent and affiliated colleges; 11(gg) \tconduct and discipline of the students of the University, and punishment including rustication and expulsion for misconduct and breach of discipline; and (h)\tall other matters which, by this Ordinance, are to be or may be prescribed by the University Ordinances.",
"name": "University Ordinances",
"related_acts": "",
"section_id": 25
},
{
"act_id": 317,
"details": "25. (1) When a University Ordinance has been framed under section 24, it shall be submitted to the Syndicate which may approve or reject it or may refer it back to the Academic Council for re consideration and re submission to the Syndicate. (2) A University Ordinance framed by the Academic Council shall have no validity until it has received the approval of the Syndicate.",
"name": "Approval of University Ordinances by Syndicate",
"related_acts": "",
"section_id": 26
},
{
"act_id": 317,
"details": "26. (1) The Authorities of the University may make regulations consistent with this Ordinance, the Statutes and the University Ordinances- (a) laying down the procedure to be followed at their meetings; and (b) providing for all matters solely concerning such Authorities and not provided for by this Ordinance, the Statutes and the University Ordinances. (2) Every Authority of the University shall make regulations providing for the giving of notice to the members of such Authority, of the dates of meetings, and of the business to be transacted at the meetings, and for keeping of records of the proceedings of the meetings. (3) The Syndicate may direct the amendment, in such a manner as it may specify, of any regulation made under sub section (1) or sub section (2) or the annulment of any regulation made under sub section (1): Provided that any Authority which is dissatisfied with any such direction may appeal to the Chancellor whose decision shall be final.",
"name": "Regulations",
"related_acts": "",
"section_id": 27
},
{
"act_id": 317,
"details": "27. (1) The University shall have a fund to be called the University Fund and to which shall be credited- (a) its income from fees, donations, trusts, bequests, endowments, grants and all other sources; (b) any contribution or grant by the 12Government. (2) The Government shall, for the purposes of this Ordinance, contribute annually to the University such sum of money as may be determined by it.",
"name": "University Fund",
"related_acts": "",
"section_id": 28
},
{
"act_id": 317,
"details": "28. The statement of the accounts of the University shall, once a year, be submitted to the Government for the purpose of annual audit.",
"name": "Audit of Accounts",
"related_acts": "",
"section_id": 29
},
{
"act_id": 317,
"details": "29. If any question arises regarding the interpretation of any provision of this Ordinance or of any Statutes, University Ordinance or regulation or as to whether any person has been duly nominated as, or is entitled to be, a member of any authority or other body of the University, the matter shall be reported to the Chancellor, whose decision thereon shall be final.",
"name": "Interpretation in case of doubt",
"related_acts": "",
"section_id": 30
},
{
"act_id": 317,
"details": "30. All casual vacancies among the members (other than the ex officio members) of any Authority or other body of the University shall be filled, as soon as may be, by the person or Authority or body which appointed, or nominated the member whose place has become vacant, and the person appointed, or nominated to a casual vacancy shall be a member of such Authority or body for the residue of the term for which the person whose place he fills would have been a member.",
"name": "Filling of casual vacancies",
"related_acts": "",
"section_id": 31
},
{
"act_id": 317,
"details": "31. No act or proceeding of any Authority or other body of the University shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of such Authority or body.",
"name": "Proceedings not invalidated by vacancy",
"related_acts": "",
"section_id": 32
},
{
"act_id": 317,
"details": "32. The University shall constitute for the benefit of the officers, teachers and other employees, such pension and provident funds, in such manner and subject to such conditions, as may be prescribed by the Statutes.",
"name": "Pension and Provident Fund",
"related_acts": "",
"section_id": 33
},
{
"act_id": 317,
"details": "33. No order made under this Ordinance, or under any Statute, University Ordinance or Regulation made thereunder, 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 Ordinance or any Statute, University Ordinance or Regulation made thereunder.",
"name": "Protection of Acts and Orders",
"related_acts": "",
"section_id": 34
},
{
"act_id": 317,
"details": "34. The members of the Authorities, the employees of the University and other persons appointed for carrying out the purposes of this Ordinance, shall be deemed to be public servants within the meaning of section 21 of the 13* * * Penal Code.",
"name": "Members of Authorities and employees to be public servants",
"related_acts": "",
"section_id": 35
},
{
"act_id": 317,
"details": "35. The employees of the University shall neither seek nor contest election to any Legislature or local body.",
"name": "Prohibition to seek elections, etc.",
"related_acts": "",
"section_id": 36
},
{
"act_id": 317,
"details": "36. Notwithstanding anything contained in the Statutes, the first Registrar may be appointed by the Chancellor for a period not exceeding one year on such terms and conditions as the Chancellor may determine.",
"name": "Appointment of First Registrar",
"related_acts": "",
"section_id": 37
},
{
"act_id": 317,
"details": "37. The Chancellor may, for the purpose of removing any difficulties in first giving effect to the provisions of this Ordinance, particularly in relation to the first constitution of any Authority of the University, by an order in writing, direct that such action be taken as he may deem necessary or expedient.",
"name": "Removal by the Chancellor of difficulties at the commencement of the Ordinance",
"related_acts": "",
"section_id": 38
}
],
"text": "An Ordinance to establish the Bangladesh Agricultural University. 1♣ WHEREAS it is expedient to establish an Agricultural University in Bangladesh to provide facilities for higher education and research work in Agriculture and all its branches; 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": 318,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted for the words “East Pakistan” and “Controlling Authority” or “Provincial Government” respectively by section 2 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"2 The words “East Pakistan” were omitted by section 3 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"3 The comma and words “, Rajshahi or Chittagong” were substituted for the words “or Rajshahi” by section 4 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"4 Clause (c) was omitted by section 4 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"5 The word “technical” was substituted for the word “vocational” by section 4 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"6 The word “technical” was substituted for the word “vocational” by section 4 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"7 Clause (i) was substituted by section 4 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"8 Clause (jj) was inserted by section 4 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"9 The proviso was omitted by section 5 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"10 Section 3A was inserted by section 5 of the East Pakistan Intermediate and Secondary Education (Amendment) Ordinance, 1962 (East Pakistan Ordinance No. XVI of 1962)",
"11 The word “President” was substituted for the words “Controlling Authority” by section 6 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"12 Clause (ii) was substituted by section 6 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"13 Clause (iii) was omitted by section 6 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"14 The word “President” was substituted for the words “Controlling Authority” by section 6 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"15 The words, brackets and figure “nominated by the Vice-Chancellor concerned under clause (ii)” were substituted for the comma, words, brackets and figures “, if nominated by the Vice Chancellor of the University concerned under clause (ii) or clause (iii)” by section 7 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"16 Sub-sections (3), (4) and (5) were substituted for former sub-section (3), by section 7 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"17 Clause (1) was omitted by section 8 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"18 The words and comma “Inspection, etc.” were substituted for the words “Controlling Authority” by section 9 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"19 The words and commas “Government, with the prior approval of the President,” were substituted for the words “Controlling Authority” by section 9 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"20 The word “it” was substituted for the word “he” by section 9 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"21 The words “The Government shall” were substituted for the words “He will” by section 9 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"22 The word “it” was substituted for the word “he” by section 9 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"23 The words and commas “Government, with the prior approval of the President,” were substituted for the words “Controlling Authority” by section 9 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"24 The word “President” was substituted for the words “Controlling Authority” by section 10 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"25 The word “President” was substituted for the words “Controlling Authority” by section 10 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"26 The word “President” was substituted for the words “Controlling Authority” by section 10 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"27 The word “President” was substituted for the words “Controlling Authority” by section 10 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"28 Sub-section (2A) was inserted by section 2 of Intermediate and Secondary Education (Amendment) Act, 2021 (Act No 1 of 2021).",
"29 The word “it” was substituted for the word “he” by section 11 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"30 The word “it” was substituted for the word “he” by section 11 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"31 Clause (a) was omitted by section 12 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"32 Sub-section (1a) was inserted by section 7 of the East Pakistan Intermediate and Secondary Education (Amendment) Ordinance, 1962 (East Pakistan Ordinance No. XVI of 1962)",
"33 The word “it” was substituted for the word “he” by section 13 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"34 The word “Bengal” was omitted by section 14 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"35 The word “Bangladesh” was substituted for the word “Pakistan” by section 15 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"36 The word “Bangladesh” was substituted for the word “Pakistan” by section 15 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"37 The word “Pakistan” was omitted by section 16 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"38 Section 37 was substituted by section 17 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"39 The words and comma “may, with the previous approval of the Government” were substituted for the words “shall have the power to” by section 18 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"40 The words “other than the Controlling Authority” were omitted by section 18 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"41 The words, commas, brackets and letter “or, as the case may be, in sub-section (2) of section 3A” were added by section 18 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"42 The words and figures “sections 10 and 26” were substituted for the word and figure “section 10” by section 18 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"43 The word “it” was substituted for the word “him” by section 19 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)",
"44 The words “President or the Government” were substituted for the words “Controlling Authority” by section 20 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977)"
],
"name": "The Intermediate and Secondary Education Ordinance, 1961 (East Pakistan Ordinance)",
"num_of_sections": 46,
"published_date": "21st September, 1961",
"related_act": [
136,
1366
],
"repelled": false,
"sections": [
{
"act_id": 318,
"details": "1. (1) This Ordinance may be called the 2* * * Intermediate and Secondary Education Ordinance, 1961. (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": 318,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context- (a)\t“Board” means the Board of Intermediate and Secondary Education, Dacca, established under sub section (1) of section 3 and shall include a Board established under sub section (1) of section 3A; (b)\t“College” means an institution recognised for Intermediate standard and includes a college, having Intermediate and Degree classes and affiliated to the University of Dacca 3, Rajshahi or Chittagong for Degree classes and recognised by the Board in respect of the Intermediate sections; 4* * * (d)\t“Chairman” means the Chairman of the Board; (e)\t“regulations” means regulations made by the Board under this Ordinance; (f)\t“notification” means a notification published in the official Gazette; (g)\t“Intermediate Education” means education pertaining to classes XI and XII and includes- (i)\tArts; (ii)\tScience; (iii)\tTechnology; (iv)\tCommerce; (v)\tIslamic Studies; (vi)\tHumanities; (vii)\tHome Economics; (viii) \tAgriculture; (ix)\tIndustry; (x)\tMilitary Science; (xi)\tNursing; and (xii)\tSuch other types of 5technical and special education as may be determined by the Board, subject to the approval of the Government: Provided that the Government may, by notification, declare any of the types of education referred to above not to be Intermediate Education for the purposes of this Ordinance; (h)\t“Secondary Education” means education pertaining to classes IX and X and includes- (i)\tgeneral education; (ii)\teducation in Science subjects; (iii)\ttechnical education; (iv)\tindustrial education; (v)\tagricultural education; (vi)\tcommercial education; (vii) \thealth education; (viii) \teducation in Home Economics; (ix)\teducation for the physically handicapped; (x)\teducation for the mentally retarded and defectives; and (xi)\tsuch other types of 6technical and special education as may be determined by the Board subject to the approval of the Government: Provided that the Government may, by notification, declare any of the types of education referred to in sub clauses (iv) to (x) not to be Secondary Education for the purposes of this Ordinance; 7(i)\t“Intermediate College” means an institution with classes XI and XII and includes Intermediate sections of Degree Colleges affiliated to any University established by or under any law for the time being in force and recognised by the Board in respect of Intermediate sections; (j)\t“Secondary School” means an institution comprising classes IX and X in which Secondary Education is imparted; 8(jj) \t“President” means the President of Bangladesh; (k)\t“Principal” means the head of the teaching staff of an Intermediate or Degree College by whatever style he may be designated; and (l)\t“Headmaster” when used with reference to a Secondary School, means the head of the teaching staff, by whatever style he may be designated.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 318,
"details": "3. (1) Under this Ordinance, a Board shall be established for the organisation, regulation, supervision, control and development of Intermediate and Secondary Education in accordance with the provisions of the Ordinance. (2) The Board shall, by the name of the Board of Intermediate and Secondary Education, Dacca, be a body corporate with perpetual succession and a common seal and shall have, subject to regulations, power to acquire and hold movable and immovable property, to transfer such property when held by it, to contract, and to do all other things necessary for carrying out the purposes of this Ordinance, and shall by the said name sue and be sued. (3) The powers of regulation, supervision, control and development of Intermediate and Secondary Education shall vest in the Board of Intermediate and Secondary Education, Dacca. 9* * * (4) Omitted by section 5 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977).",
"name": "Establishment of the Board of Intermediate and Secondary Education, Bangladesh",
"related_acts": "",
"section_id": 3
},
{
"act_id": 318,
"details": "103A. (1) Notwithstanding anything contained in section 3, the Government, if it thinks fit may establish, by notification in the official Gazette, one or more other Board or Boards in respect of such area or areas as may be specified in the notification, for the organisation, regulation, supervision, control and development of intermediate and secondary education in such specified area or areas in accordance with the provisions of this Ordinance. (2) A Board established under sub-section (1) may be called by such name as the Government may assign to it and shall be a body corporate with perpetual succession and a common seal, and shall have, subject to regulations, power to acquire and hold movable and immovable property, to transfer such property when held by it, to contract and to do other things necessary for the purposes of this Ordinance, and may, by the said name, sue or be sued. (3) On the establishment of a separate Board under sub-section (1), the Board of Intermediate and Secondary Education Dacca, shall cease to have jurisdiction over any educational institution lying within the area specified in the notification under sub section 1; and the powers of regulation, supervision, control and development of intermediate and secondary education in such area shall vest in such separate Board. (4) Such funds, properties movable and immovable, assets and liabilities and records of the Board of Intermediate and Secondary Education, Dacca, as the Government may, by notification in the official Gazette, specify, shall vest in the Board established under subsection (1).",
"name": "Establishment of other Board or Boards",
"related_acts": "",
"section_id": 4
},
{
"act_id": 318,
"details": "4. The Board shall be constituted as follows:- (i) Chairman to be appointed by the 11President; 12(ii) one University Professor to be nominated by the Vice-Chancellor of- (a) the University of Rajshahi in respect of the Board of Intermediate and Secondary Education, Rajshahi; (b) the University of Rajshahi in respect of the Board of Intermediate and Secondary Education, Jessore; (c) the University of Dacca in respect of the Board of Intermediate and Secondary Education, Dacca; and (d) the University of Chittagong in respect of the Board of Intermediate and Secondary Education, Comilla; 13* * * (iv) the Director of Public Instruction, Bangladesh, or an officer, not below the rank of an Assistant Director of Public Instruction, to be nominated by him; (v) the Director of Technical Education, Bangladesh, or an officer, not below the rank of an Assistant Director of Technical Education, to be nominated by him; (vi) one person to be nominated by the Government from among the Principals of the Intermediate Colleges for boys and girls; (vii) one person to be nominated by the Government from among the Headmasters of Secondary Schools for boys; (viii) one person to be nominated by the Government from among the Headmistresses of Secondary Schools for girls; (ix) one Principal of a Degree College nominated by the Government; (x-xi) two persons devoted to the cause of education to be appointed by the 14President; and (xii) one Inspecting Officer to be nominated by the Government.",
"name": "Composition of the Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 318,
"details": "5. The name of every person nominated or appointed as a member of the Board shall be published by notification as soon as possible, after his nomination or appointment, as the case may be.",
"name": "Publication of names of members of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 318,
"details": "6. (1) Subject to the provisions of this Ordinance, a nominated or appointed member of the Board, other than the Chairman shall hold office for a term of three years from the date on which his name is published by notification under section 5, and may, on the expiration of such term, be eligible for re nomination or re appointment. (2) The Principal, Headmaster or Headmistress nominated by the Government under clause (vi) or clause (vii) or clause (viii) or clause (ix) of section 4, or a University Professor 15nominated by the Vice-Chancellor concerned under clause (ii) of section 4, shall cease to be a member as soon as he ceases to be Principal, Headmaster, Headmistress or University Professor, as the case may be. 16(3) Any member of the Board may resign his membership by a letter addressed to the Chairman, and, in the case of the Chairman, he may resign his membership by a letter addressed to the President: Provided that the resignation shall not take effect until it is accepted by the President or the Government, as the case may be. (4) The President or the Government may, at any time by order in writing, remove the Chairman or any member of the Board appointed or nominated by him or it from his office if the President or, as the case may be, the Government considers such removal necessary or expedient in public interest or in the interest of the Board. (5) The President, in the case of a member nominated by the Vice-Chancellor of a University, and the Government, in the case of a member nominated by the Director of Public Instruction or the Director of the Technical Education, may, at any time by order in writing, remove such member from his office if the President or, as the case may be, the Government considers such removal necessary or expedient in public interest or in the interest of the Board.",
"name": "Term of office of nominated or appointed members of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 318,
"details": "7. (1) A person shall not be eligible for nomination or appointment as a member of the Board, if he- (a) has been adjudged by a competent Court to be of unsound mind; (b) is an undischarged insolvent; (c) being a discharged insolvent, has not obtained from the Court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or (d) has been convicted by a Court of an offence involving moral turpitude, unless an offence of which he was convicted has been pardoned or unless five years have elapsed since the date of his conviction. (2) The nomination or appointment of a person who is, on the date of his nomination or appointment, subject to any of the disqualifications specified in sub section (1) shall be invalid. (3) If a nominated or appointed member of the Board becomes after his nomination or appointment, subject to any of the disqualifications specified in sub section (1), his membership shall thereupon cease.",
"name": "Disqualification of membership of the Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 318,
"details": "8. (1) When the office of a nominated or appointed member of the Board becomes vacant by resignation, death or otherwise, a new member shall be nominated or appointed in his place in the manner provided in the appropriate clause of section 4 and such nominated or appointed member shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred. (2) Notwithstanding the expiration of the term of three years specified in sub section (1) of section 6, a nominated or appointed member of the Board, other than the Chairman shall continue to hold office until the vacancy caused by the expiration of the said term has been filled in accordance with the provisions of this Ordinance.",
"name": "Filling up of casual vacancies",
"related_acts": "",
"section_id": 9
},
{
"act_id": 318,
"details": "9. The following shall be the officers of the Board- 17* * * (2)\tthe Chairman; (3)\tthe Secretary; (4)\tthe Controller of Examinations; and (5)\tsuch other officers as may be appointed by the Board.",
"name": "Officers of the Board",
"related_acts": "",
"section_id": 10
},
{
"act_id": 318,
"details": "10. (1) and (2) Sub-sections were omitted by section 9 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977). (3) The 19Government, with the prior approval of the President, shall have power to cause an inspection to be made by such person or persons as 20it may direct, of the offices, activities and funds and examinations conducted by the Board and cause an enquiry to be made in like manner in respect of any matter concerning the Board. 21The Government shall communicate to the Board the result of such inspection or enquiry and may advise the Board as to the action to be taken within a specified time. The Board shall report to the Government the action it proposes to take or has taken on such communication; where the Board does not within a reasonable time take action to the satisfaction of the Government, the Government may, after considering any explanation given by the Board, issue such direction as 22it thinks fit, and the Chairman shall comply with such directions. (4) Without prejudice to the foregoing provisions of this section, the 23Government, with the prior approval of the President, may, by order in writing, annul any proceeding of the Board or any of the Committees if the Government is satisfied that such proceeding is not in conformity with this Ordinance: Provided that before making any such order the Government shall, through the Chairman, call upon the Board or Committee concerned to show cause why such an order should not be made.",
"name": "Inspection, etc.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 318,
"details": "11. (1) The Chairman shall be a wholetime officer of the Board and shall be appointed by the 24President on such terms and conditions as the 25President may determine. (2) The Chairman shall hold office for a term of three years from the date of notification of his appointment and on the expiry of the term of office shall be eligible for reappointment. (3) When the office of the Chairman falls vacant temporarily or otherwise, by reason of leave, illness or other cause for a period not exceeding one year, the 26President shall, notwithstanding anything contained in sub sections (1) and (2), make such arrangements for carrying on the duties of the office of the Chairman as he may think fit. (4) The Chairman shall be the Principal Executive and Academic Officer of the Board and shall, when present, preside at the meetings of - (i)\tthe Board; (ii)\tthe Academic Committee; (iii)\tthe Selection Committee; (iv)\tthe Finance Committee; and (v)\tsuch other Committees of the Board at which he is present. (5) It shall be the duty of the Chairman to ensure that the provisions of this Ordinance and the regulations are faithfully observed and carried out and he shall exercise all powers necessary for this purpose. (6) In any emergency arising out of the administrative business of the Board and requiring, in the opinion of the Chairman, immediate action, the Chairman may take such action as he may deem necessary and shall report the action so taken to the Board at its next meeting for approval. (7) The Chairman shall exercise such other powers as may be delegated by the 27President, or prescribed by regulations.",
"name": "Appointment, powers and duties of the Chairman",
"related_acts": "",
"section_id": 12
},
{
"act_id": 318,
"details": "12. (1) Officers of the Board, other than the Chairman shall be appointed by the Board in the manner prescribed by regulations. (2) All other employees of the Board shall be appointed by the Chairman in the manner prescribed by regulations.",
"name": "Appointment of other officers and employees of the Board",
"related_acts": "",
"section_id": 13
},
{
"act_id": 318,
"details": "13. The status, terms and conditions of service including rules for disciplinary action, for grant of leave and for retirement of the officers and the staff of the Board shall be such as may be prescribed by regulations.",
"name": "Status, terms and conditions of services of officers and employees of the Board",
"related_acts": "",
"section_id": 14
},
{
"act_id": 318,
"details": "14. Temporary or casual vacancies in the posts of the officers other than the Chairman of the Board shall be filled up in the manner prescribed by regulations.",
"name": "Casual vacancies in the posts of the officers of the Board other than the Chairman",
"related_acts": "",
"section_id": 15
},
{
"act_id": 318,
"details": "15. The Chairman, or in the absence of the Chairman one member elected from among those present at a meeting \tof the Board, shall preside at every meeting of the Board, and shall be entitled to vote on any matter and shall have and exercise a second or casting vote in every case of equality of votes.",
"name": "Conduct of meetings",
"related_acts": "",
"section_id": 16
},
{
"act_id": 318,
"details": "16. (1) No member of the Board shall vote on any matter coming before the Board in respect of which (otherwise than in the general application thereof to all Intermediate Colleges and Secondary Schools) he, or any Intermediate College or Secondary School of which he is a teacher, has any interest. (2) The Chairman or the presiding member, as the case may be, shall decide any question under sub section (1) arising in a meeting and his decision shall be final.",
"name": "Restriction on voting",
"related_acts": "",
"section_id": 17
},
{
"act_id": 318,
"details": "17. The Board shall be its own executive.",
"name": "Executive body",
"related_acts": "",
"section_id": 18
},
{
"act_id": 318,
"details": "18. (1) Subject to the provisions of this Ordinance, the Board shall have power to organise, regulate, supervise, control and develop Intermediate and Secondary Education within its jurisdiction. (2) In particular and without prejudice to the generality of the power conferred by sub section (1), the Board shall have the powers- (i) to prescribe courses of instruction for its examinations; (ii) to grant recognition to or to withhold or withdraw recognition from Intermediate Colleges and Secondary Schools after considering inspection reports form the Bangladesh Education Directorate in the case of Secondary Schools and in the case of Intermediate Colleges after considering inspection reports from its own Inspection officer or officers deputed in that behalf by the Board; (iii) to prescribe conditions governing admission of students to and transfer of students from and to Intermediate Colleges and Secondary Schools; (iv) to prescribe the manner and mode of inspection of Intermediate Colleges and Secondary Schools; (v) to cause inspection, if necessary, of any institution under its control by the officers of the Board or by any other person or persons it considers suitable; (vi) to hold, conduct and regulate examinations at the end of the Intermediate and Secondary stage or any other stage thereof; (vii) to publish the results of examinations held by the Board; (viii) to grant certificates to persons who have passed examinations held by the Board and to withdraw certificates from them; (ix) to arbitrate or arrange for arbitration in disputes between teachers and Governing Bodies or Managing Committees of Intermediate Colleges or Secondary Schools; (x) to submit to the Government its views on any matter with which it is concerned; (xi) to determine the number, designation and pay and allowances of the officers and staff of the Board, and to appoint such experts and consultants as it may consider necessary for the purposes of carrying out the provisions of this Ordinance; (xii) to regulate and decide all administrative matters including the creation and abolition of posts: Provided that the Chairman shall have the power to create temporary posts for a period not exceeding six months; (xiii) to fix, demand and receive such fees as may be prescribed by regulations; (xiv) to hold and manage endowments and to institute and award scholarships, medals and prizes; (xv) to enter into and carry out contracts in exercise of powers and performance of duties assigned to it by this Ordinance and the regulations; (xvi) to make provisions for buildings, premises, furniture, apparatus, books and other means needed for carrying on its work; and (xvii) to do such other acts and things as it may consider necessary for the purposes of organisation, regulation, supervision, control and development of Intermediate and Secondary Education. 28(2A) Notwithstanding anything contained in clauses (vi), (vii) and (viii) of sub-section (2), if it is not possible to hold and conduct examinations at the end of the Intermediate and Secondary stage or any other stage thereof due to pandemic, epidemic, Act of God or for any other inevitable circumstances as determined by the government from time to time, the government may, by an order in the official Gazette, issue instructions for assessment and grant of certificates without holding and conducting examination or holding and conducting examination with short syllabus, in the manner prescribed in that Gazette, for the students in a particular year. (3) The Board may delegate any of its powers to the Chairman or any other officer of the Board or to a Committee or Sub committee constituted under this Ordinance as it may deem fit and withdraw any such delegation: Provided that no power to make any regulation shall be delegated under this sub section.",
"name": "Powers of the Board",
"related_acts": "",
"section_id": 19
},
{
"act_id": 318,
"details": "19. (1) The Board shall appoint the following Committees:- (i) Finance Committee; (ii) Selection Committee; (iii) Regulation Committee; (iv) Appeal and Arbitration Committee; (v) Academic Committee; (vi) Curricula Committee and Committee of Courses of Studies; (vii) Science Education Committee; (viii) Technical Education Committee; (ix) Industrial Education Committee; (x) Agricultural Education Committee; (xi) Commercial Education Committee; (xii) Physical Education Committee; (xiii) Girls' Education Committee; (xiv) Education in Home Economics Committee; (xv) Examination Committee; (xvi) Age Correction Committees; (xvii) Recognition Committee or Committees; and (xviii) such other Committee or Committees as the Board may consider necessary for the purposes of carrying out the provisions of this Ordinance. (2) The composition, powers and duties of the Committees under sub section (1) shall be prescribed by regulations.",
"name": "Committees of the Board",
"related_acts": "",
"section_id": 20
},
{
"act_id": 318,
"details": "20. (1) The budget meeting of the Board shall be held on or before the 31st March every year. (2) No business shall be transacted at any meeting of the Board unless a quorum of five members is present: Provided that no quorum shall be necessary for a meeting adjourned for want of quorum.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 21
},
{
"act_id": 318,
"details": "21. (1) The Secretary shall present to the budget meeting of the Board a report on the work of the Board during the last preceding financial year, together with a budget estimate showing in the form prescribed by regulations, the anticipated income and expenditure of the Board during next succeeding financial year. (2) The budget estimate shall, when confirmed by the Board and within such period as may be prescribed by regulations, be forwarded to the Government for approval. Thereupon the Government will approve the budget estimate as submitted by the Board or 29it will make such modifications in it as 30it considers necessary after consulting the Chairman.",
"name": "Annual report and budget estimate",
"related_acts": "",
"section_id": 22
},
{
"act_id": 318,
"details": "22. (1) There shall be constituted a fund for the Board of Intermediate and Secondary Education, Dacca, constituted under sub section (1) of section 3 to be called the Intermediate and Secondary Education Fund of the Board of Intermediate and Secondary Education, Dacca to which shall be credited- 31* * * (b)\tall fees realised under any of the provisions of this Ordinance; (c)\tall sums representing income from endowments or from property owned or managed by the Board for the purposes of this Ordinance; and (d)\tall other sums received by the Board from Government or any other source for any purpose provided for in this Ordinance. 32(1a) There shall be constituted a separate fund for each Board constituted under sub section (1) of section 3A to be called the Intermediate and Secondary Education Fund of that Board to which shall be credited; (a) \tall fees realised by such Board under any of the provisions of this Ordinance; (b)\tall sums representing income from endowments or from property owned or managed by such Board for the purpose of this Ordinance; and (c)\tall other sums received by such Board from Government or any other source for any purpose provided for in this Ordinance. (2) The Intermediate and Secondary Education Fund of a Board shall vest in the Board, shall be held by it in trust for the purposes of this Ordinance and shall be administered by it. (3) All moneys payable to the credit of the Intermediate and Secondary Education Fund shall forthwith be paid into a bank, approved by the Board, or into Government treasuries.",
"name": "Intermediate and Secondary Education Fund",
"related_acts": "",
"section_id": 23
},
{
"act_id": 318,
"details": "23. (1) No expenditure shall be incurred from the Intermediate and Secondary Education Fund except for the purposes of this Ordinance and unless such expenditure is provided for in a budget approved by the Government under section 21 or is provided for by reappropriation by the Board. (2) Subject to the provisions of sub section (1), the Intermediate and Secondary Education Fund shall be applied to- (a) \tpayment of the cost of audit; (b) \tpayment of salaries and allowances to the Chairman and other officers and employees of the Board; (c) \tpayment of all expenses connected with printing of papers, forms, documents, etc., required for carrying out the purposes of the Ordinance; (d)\tpayment of allowances to members of the Board and Committees thereunder; (e)\tpayment of remunerations to such persons as may be appointed by the Board in connection with the work of holding and conducting the Board's examinations and of publication of the results thereof; (f)\tpayment of contingent and capital expenditure; and (g)\tpayment of any other expenditure incurred by the Board in accordance with, and for the purposes of giving effect to, the provisions of this Ordinance.",
"name": "Application of the Intermediate and Secondary Education Fund",
"related_acts": "",
"section_id": 24
},
{
"act_id": 318,
"details": "24. The Board shall keep accounts of all its receipts and expenditure in the manner and form prescribed by regulations.",
"name": "Accounts",
"related_acts": "",
"section_id": 25
},
{
"act_id": 318,
"details": "25. (1) The accounts of the Board shall be submitted to the Government once every year and examined and audited by an auditor appointed by the Government. (2) It shall be the duty of the Board, and of every member, officer and servant thereof, to afford to the auditor every facility for the examination and audit of the accounts of the Board, and to comply with a requisition made by the auditor.",
"name": "Audit",
"related_acts": "",
"section_id": 26
},
{
"act_id": 318,
"details": "26. (1) The auditor shall submit to the Government a report on the audit of accounts and send a copy of such report to the Board and thereupon the Board shall, within a period prescribed in this behalf by regulations, forward a copy of the report together with its observation thereon to the Government. (2) Subject to the provisions of section 28, the Government shall take such action on the audit report as it thinks fit.",
"name": "Audit report",
"related_acts": "",
"section_id": 27
},
{
"act_id": 318,
"details": "27. The auditor shall- (a)\tdisallow any payment which is in contravention of any law for the time being in force, and charge it against the persons making or authorising it; (b)\tcharge the amount of any deficiency or loss against the person by whose default or negligence such deficiency or loss resulted; (c)\tcharge any sum which could have been, but has not been brought into account against the person failing to account for it. (d)\tin every case of disallowance and charge under this section, certify in writing the amount due from the person against whom the charge is made; and (e)\tsend a copy of such certificate to the Board and to the person concerned within 14 days from the date on which the report referred to in sub-section (1) of section 26 is submitted to the Board.",
"name": "Disallowance",
"related_acts": "",
"section_id": 28
},
{
"act_id": 318,
"details": "28. (1) Any person from whom an auditor has certified any sum to be due under section 27 may, within one month from the receipt by him of a copy of the certificate, appeal against such order to the Government. (2) The Government shall, on such appeal, make such order as 33it thinks fit, after giving the person making the appeal an opportunity of being heard and the decision of the Government on such appeal shall be final.",
"name": "Appeal",
"related_acts": "",
"section_id": 29
},
{
"act_id": 318,
"details": "29. (1) Every sum certified to be due under section 27 from any person shall, within one month from the receipt by such person of a copy of the certificate, and unless within that period he makes an appeal under section 28, be paid by him into the Intermediate and Secondary Education Fund. (2) The Board may direct that any sum not paid in accordance with the provisions of sub section (1) or, if an appeal has been made under section 28, such sum as the Government may order to be due, shall be recovered- (a)\tin the case of a servant of the Government or an officer or other employee of the Board, by deduction from his salary in accordance with such conditions as may be prescribed by regulations, or as a public demand; and (b)\tin any other case as a public demand. (3) The Deputy Commissioner of Dacca or such other Officer as the Government may specify shall, for the purpose of section 4 of the 34* * * Public Demands Recovery Act, 1913, be deemed to be the person to whom such demand is payable and he shall pay to the Board any sum recovered by him in respect of any such demand.",
"name": "Payment of certified sums",
"related_acts": "",
"section_id": 30
},
{
"act_id": 318,
"details": "30. (1) An employee of a recognised Intermediate College or Secondary School shall be bound by the following general conditions of service, namely:- (a) \the shall not take part in, or subscribe in aid of, or assist in anyway, any political movement, or any activities tending directly or indirectly to excite disaffection against the Government as by law established or to promote feelings of hatred or enmity between different classes of 35Bangladesh citizens, or to disturb the public peace; (b) \the shall not canvass or interfere or use his influence or stand as a candidate in any election to a local body or a legislative body in 36Bangladesh. (2) Any person, who contravenes any of the conditions of service as stated in sub section (1), shall be liable to disciplinary action including removal from his post by an order of the authority which appointed such person on proceeding initiated against him. (3) Any person aggrieved by an order of the authority referred to in sub section (2) may appeal to the Chairman who may pass such order on appeal as he thinks fit and such order shall be final.",
"name": "General conditions of service of the teachers of Intermediate Colleges and Secondary Schools",
"related_acts": "",
"section_id": 31
},
{
"act_id": 318,
"details": "31. Every member of the Board and of every Committee constituted under this Ordinance, and every person appointed for carrying out the purposes of this Ordinance shall be deemed to be a public servant within the meaning of section 21 of the 37* * * Penal Code.",
"name": "Certain persons to be deemed to be public servants",
"related_acts": "",
"section_id": 32
},
{
"act_id": 318,
"details": "32. 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 Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 33
},
{
"act_id": 318,
"details": "33. No act or proceedings taken under this Ordinance shall be invalid on the ground merely of - (a) \tthe existence of any vacancy in, or defect in the constitution of, the Board or any Committee constituted under this Ordinance; (b)\tany member of the Board having voted on any matter in contravention of the provisions of section 16; or (c)\tany defect or irregularity not affecting the merits of the cases.",
"name": "Validation",
"related_acts": "",
"section_id": 34
},
{
"act_id": 318,
"details": "34. (1) The Board shall establish for the benefit of its officers and other employees either Pension and Provident Funds or Contributory Provident Fund only, as it may deem fit in such manner, and subject to such conditions, as may be prescribed by regulations. When a Provident Fund is established, the Government may, by notification, declare that the provisions of the Provident Funds Act, 1925 shall apply to such Funds. (2) In case the Board establishes a Contributory Provident Fund under sub section (1) all employees of the Board shall subscribe to that Fund a sum equal to 81/3 per cent of his salary every month. The Board shall contribute an equal amount in respect of each subscriber every month. (3) The terms and conditions of deposit of subscriptions and contributions to the Fund and withdrawals and advances from it shall be such as may be prescribed by regulations.",
"name": "Pension and Provident Fund or Contributory Provident Fund only",
"related_acts": "136",
"section_id": 35
},
{
"act_id": 318,
"details": "35. A permanent employee of the Board shall retire in the afternoon of the day on which he completes the sixtieth year of his age.",
"name": "Age of retirement",
"related_acts": "",
"section_id": 36
},
{
"act_id": 318,
"details": "36. (1) The Board shall provide for the members of the staff meeting with untimely death or disabled by accident or illness during service, a gratuity equivalent to one month's pay for each completed year of his service under the employment of the Board. (2) The terms and conditions of gratuity under sub-section (1) shall be such as may be prescribed by regulations.",
"name": "Gratuity",
"related_acts": "",
"section_id": 37
},
{
"act_id": 318,
"details": "3837. No member of the Board shall enter into any contract with the Board directly or through any other person in connection with the affairs of the Board.",
"name": "Members prohibited from entering into contract with the Board",
"related_acts": "",
"section_id": 38
},
{
"act_id": 318,
"details": "38. No person who has any financial interest in any book prescribed by the Board as a course of study for any examination conducted by the Board or has a financial interest as a partner or otherwise in any firm which publishes, procures or supplies such book, shall be eligible to become a member of the Board or a Committee constituted under this Ordinance and continue as such after having acquired any such interest.",
"name": "Bar against membership of the Board or Committee on the persons with financial interest in the affairs of the Board",
"related_acts": "",
"section_id": 39
},
{
"act_id": 318,
"details": "39. (1) The Board 39may, with the previous approval of the Government make regulations for the purpose of carrying into effect the provisions of this Ordinance. (2) In particular and without prejudice to the generality of the power conferred by sub section (1), the Board may make regulations providing for all or any of the following matters, namely- (i)\tthe powers and duties of the officers of the Board 40* * *; (ii)\tthe conduct of the meetings of the Board and of the Committees; (iii)\tthe grant and withholding of certificates; (iv)\tthe curricula and the courses of study to be framed and prescribed for such certificates; (v)\tfor granting or withholding recognition to Intermediate Colleges and Secondary Schools and for withdrawal of such recognition; (vi)\tthe constitution, powers and duties of the Governing Bodies of non Government Intermediate Colleges and Managing Committees of non-Government Secondary Schools; (vii)\tthe terms and conditions of service of the teachers of non Government Intermediate Colleges and non Government Secondary Schools; (viii) \tthe conditions under which candidates shall be admitted to the Examinations of the Board and shall be eligible for certificates; (ix)\tthe manner and mode of inspection; (x)\tthe fixing and receiving fees for admission to the examinations of the Board and for other purposes; (xi)\tthe holding and conduct of all examinations of the Board; (xii) acquisition, possession and transfer of property by the Board, the conditions of such acquisition, possession and transfer or any other act referred to in sub section (2) of section 3 41or, as the case may be, in sub-section (2) of section 3A; (xiii) \tmanner of appointment of the officers of the Board, other than the Chairman by the Board; (xiv)\tmanner of appointment of employees of the Board, other than its officers, by the Chairman; (xv)\tstatus, terms and conditions of service including rules for disciplinary action, for grant of leave and for retirement of the officers and staff of the Board; (xvi)\tmanner of filling up temporary and casual vacancies in the posts of the officers of the Board under section 14; (xvii) \tform for showing anticipated income and expenditure of the Board and the period within which the budget estimate shall be forwarded to the Government; (xviii) \tthe framing of an Accounts Manual or the prescription of the manner and form of keeping accounts of receipts and expenditure of the Board; (xix)\tperiod within which the copy or the audit report together with the observation of the Board shall be forwarded to the Government; (xx)\tmanner and conditions of benefit from Pension and Provident Fund or Contributory Provident Fund only; (xxi)\tterms and conditions of gratuity; (xxii) \ttravelling allowance and daily allowance of the members for attending meeting of the Board and Committees; (xxiii) \treports, returns and statements to be furnished to the Government under 42sections 10 and 26; and (xxiv) \tall other matters which are to be or may be prescribed by regulations. (3) and (4) Omitted by section 18 of the Intermediate and Secondary Education (Amendment) Ordinance, 1977 (Ordinance No. XVII of 1977). (5) Regulations made under this Ordinance shall ordinarily be published in the official Gazette.",
"name": "Regulations",
"related_acts": "",
"section_id": 40
},
{
"act_id": 318,
"details": "40. The regulations set out in the Schedule appended to this Ordinance, shall on the commencement of this Ordinance be the First Regulations of the Board and shall be deemed to have been framed by the Board under section 39.",
"name": "First Regulations",
"related_acts": "",
"section_id": 41
},
{
"act_id": 318,
"details": "41. The Committees appointed by the Board may, subject to the approval of the Board, make rules consistent with this Ordinance and the regulations- (a)\tlaying down the procedure to be observed at their meetings and the number of members required to form a quorum; and (b)\tproviding for all matters solely concerning such Committees and not provided for by this Ordinance and the regulations.",
"name": "Rules",
"related_acts": "",
"section_id": 42
},
{
"act_id": 318,
"details": "42. (1) From the date of commencement of this Ordinance and till such time as the nominated and appointed members other than the Chairman are not nominated or appointed, the Chairman and the ex officio members shall exercise all the powers and perform all the duties of the Board and its Committees constituted under this Ordinance. (2) On the nomination and appointment of all the members, the Board shall exercise all powers and perform all duties of the Committees constituted under this Ordinance up to the time the Committees are constituted.",
"name": "Transitional provision",
"related_acts": "",
"section_id": 43
},
{
"act_id": 318,
"details": "43. If any difficulty arises with respect to the establishment of the Board or in connection with the first meeting of the members of the Board or otherwise giving first \teffect to the provisions of this Ordinance, the Government may, at any time before the first meeting of the Board, make any order consistent with the provisions of this Ordinance, which appears to 43it to be necessary or \texpedient for the purpose of removing the difficulty.",
"name": "Removal of difficulty",
"related_acts": "",
"section_id": 44
},
{
"act_id": 318,
"details": "44. Repeals 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": 45
},
{
"act_id": 318,
"details": "45. No act done, order passed or proceedings taken by the 44President or the Government or the Board or by the Chairman or any other officer of the Board or by any Committee under this Ordinance, shall be called in question in any Court by a suit or otherwise.",
"name": "Bar to civil suit",
"related_acts": "",
"section_id": 46
}
],
"text": "An Ordinance to re organise Intermediate and Secondary Education in Bangladesh. 1♣ WHEREAS it has become necessary and expedient to re organise Intermediate and Secondary Education in Bangladesh in the manner hereinafter appearing; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions from the President, the Governor, in exercise of all powers enabling him in that behalf, is pleased to make and promulgate the following Ordinance, namely:-"
} |
{
"id": 319,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh”, “Government” and “Tk” were substituted for the words “East Pakistan” or “Pakistan”, “Provincial 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 The words “East 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 “The President of the People’s Republic of Bangladesh” were substituted for the words “The Governor of East Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 Clause (iia) was inserted by section 2 of Engineering and Technological University (Amendment) Act, 2001 (২০০১ সনের ৩৩ নং আইন).",
"5 Clause (12A) was inserted by section 3 of Engineering and Technological University (Amendment) Act, 2001 (২০০১ সনের ৩৩ নং আইন).",
"6 section 15 was substitute by section 4 of Engineering and Technological University (Amendment) Act, 2001 (২০০১ সনের ৩৩ নং আইন).",
"7 Clause (ia) was inserted by section 5 of Engineering and Technological University (Amendment) Act, 2001 (২০০১ সনের ৩৩ নং আইন).",
"8 Clause (gg) was inserted by section 4 of the East Pakistan Engineering and Technological University (Amendment) Ordinance, 1962 (East Pakistan Ordinance No. XXVI of 1962)",
"9 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 Engineering and Technological University Ordinance, 1961 (East Pakistan Ordinance)",
"num_of_sections": 38,
"published_date": "21st September, 1961",
"related_act": [
388,
430,
47
],
"repelled": false,
"sections": [
{
"act_id": 319,
"details": "1. (1) This Ordinance may be called the 2* * * Engineering and Technological University Ordinance, 1961. (2) It shall come into force at once.",
"name": "Short title and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 319,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Authority” means any of the Authorities of the University specified in section 14; (b)\t“Dean” means the Head of a Faculty of the University; (c)\t“Statutes”, “University Ordinances” and “Regulations” mean respectively the Statutes, University Ordinances and Regulations made under this Ordinance; (d)\t“teacher” includes a Professor, Associate Professor, Assistant Professor, Lecturer and any other person appointed to a teaching post in the University; and (e)\t“University” means the Bangladesh University of Engineering and Technology established under section 3.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 319,
"details": "3. (1) A University of Engineering and Technology shall be established at Dacca in accordance with the provisions of this Ordinance and the campus of the University shall comprise such area as the Government may, by notification in the official Gazette, declare. (2) 3The President of the People's Republic of Bangladesh or a person designated by him shall be the Chancellor of the University; (3) The first Chancellor, the first Vice-Chancellor appointed under section 11, the first members of the Syndicate and of the Academic Council constituted under section 15 and section 18 respectively, and all persons who may hereafter become such Chancellor, Vice-Chancellor, or members, are hereby constituted a body corporate by the name of the Bangladesh University of Engineering and Technology. (4) The University shall have a perpetual succession and a common seal and may, by the said name, sue or be sued.",
"name": "Establishment and incorporation",
"related_acts": "",
"section_id": 3
},
{
"act_id": 319,
"details": "4. The University shall be competent to acquire property, both movable and immovable, and hold property which has become vested in or has been acquired by it, and to contract, transfer and do all other things necessary for the purposes of this Ordinance in connection with such property.",
"name": "Right to property",
"related_acts": "",
"section_id": 4
},
{
"act_id": 319,
"details": "5. The University shall have the following powers, namely:- (a) \tto provide for instruction in Engineering and Technology and such branches of learning connected with Engineering and Technology as the University may think fit to provide, at degree and post-graduate levels, and to make provisions for research and advancement and dissemination of knowledge in those subjects; (b)\tto hold examinations and to grant and confer certificates, diplomas, degrees and other academic distinctions to and on persons who- (i)\thave pursued a course of study provided by the University, and have passed the examinations of the University under such conditions as may be prescribed by the University Ordinances; and (ii)\tare admitted to, and have passed, the examinations of the University under such conditions as may be prescribed by the University Ordinances; (c)\tto confer research degrees on persons who have carried research under such conditions as may be prescribed by the University Ordinances; (d)\tto confer honorary degrees or other academic distinctions on approved persons in such manner as may be prescribed by the Statutes; (e)\tto co operate with other Universities, Boards and Institutes in such manner and for such purposes as the University may determine; (f)\tto institute Professorship, Associate Professorship, Assistant Professorship, Lecturership and any other teaching and administrative post required by the University, and to appoint persons to such Professorship, Associate Professorship, Assistant Professorship, Lecturership and post; (g) \tto institute and award Fellowships, Scholarships, Medals and Prizes in such manner as may be prescribed by the University Ordinances; (h)\tto establish Teaching Departments, Faculties, Institutes and Halls, and to make such arrangements for their maintenance, management and administration as it may deem necessary; (i) \tto demand and receive payment of such fees and other charges as may be prescribed by the Statutes; (j) \tto supervise and control the residence and discipline of the students of the University, to regulate their extra curricular activities, to make arrangements for promoting their health, and to ensure that they do not, in anyway, associate with undesirable persons, who, in the opinion of the University, exploit or are likely to exploit any association of students, whether in respect of extra curricular or in respect of curricular activities; (k)\tto receive grants, bequests, trusts, gifts, donations, endowments and other contributions made to the University for specific purposes; (1)\tto make provisions for research consultation, and advisory and extension services including testing \tand manufacture, and to enter into such agreement, as it thinks fit, with any person for the purpose; and (m)\tto do such other acts, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University.",
"name": "Powers of the University",
"related_acts": "",
"section_id": 5
},
{
"act_id": 319,
"details": "6. (1) The University shall exercise the powers conferred on it by or under this Ordinance within the territorial limits of the campus of the University declared under sub section (1) of section 3; and, notwithstanding anything to the contrary contained in any other law for the time being in force, no educational institution, lying within the campus of the University and imparting instruction in Engineering and Technology and other branches of learning connected with Engineering and Technology for which the University provides instruction, shall be associated in any way with, or seek admission to, any privileges of any other University. (2) Any educational institution as mentioned in sub-section (1), which has been affiliated to any other University before the coming into force of this Ordinance, shall cease to be affiliated to such other University, and such other University shall cease to have any jurisdiction over such institution immediately on the coming into force of this Ordinance; and such institution shall form an integral part of, and be maintained by, the University.",
"name": "Jurisdiction of the University",
"related_acts": "",
"section_id": 6
},
{
"act_id": 319,
"details": "7. The University shall be open to all persons of either sex and of whatever religion, race, creed, colour or class; and no person shall be denied the privileges of the University on the ground of his religion, race, creed, colour or class.",
"name": "University open to all classes and creeds",
"related_acts": "",
"section_id": 7
},
{
"act_id": 319,
"details": "8. (1) The Government shall have the right to cause an inspection to be made, by such person or persons as it may direct, of the University and its buildings, laboratories, libraries, museums, workshops and equipments, of any institution or college maintained by the University, of the teaching and other work conducted by the University, and of the conduct of examinations held by the University, and to cause an enquiry to be made in respect of any matter connected with University. The Government shall, in every such case, give notice to the Syndicate of its intention to cause an inspection or enquiry to be made, and the Syndicate shall be entitled to be represented thereat. (2) The Government shall communicate to the Syndicate its views with regard to such inspection and enquiry and shall, after ascertaining thereon the views of the Syndicate, advise the Syndicate on the action to be taken. (3) The Syndicate shall communicate to the Government such action, if any, as has been taken or is proposed to be taken upon the results of the inspection or enquiry. (4) When the Syndicate does not, within a reasonable time, take action to the satisfaction of the Government, the Government may, after considering any explanation furnished or representation made by the Syndicate, issue such directions as it thinks fit; and the Vice Chancellor shall comply with such directions.",
"name": "Visitation",
"related_acts": "",
"section_id": 8
},
{
"act_id": 319,
"details": "9. The following shall be the officers of the University:- (i) the Chancellor; (ii) the Vice Chancellor; 4(iia) the Pro-Vice-Chancellor; (iii) the Registrar; (iv) the Comptroller; (v) the Director of Advisory, Extension and Research Services; (vi) the Director of Students' Welfare; and (vii) such other employees of the University as may be prescribed by the Statutes to be officers of the University.",
"name": "Officers of the University",
"related_acts": "",
"section_id": 9
},
{
"act_id": 319,
"details": "10. (1) The Chancellor of the University shall, when present, preside at the Convocations of the University. (2) The Chancellor may remove any person from the membership of any Authority, if such person- (i) \tis of unsound mind, or (ii)\thas been incapacitated to function as member of such Authority, or (iii)\thas been convicted by a Court of law of an offence involving moral turpitude. (3) The Chancellor may withdraw the degree or diploma conferred on, or granted to, any person by the University, if such person has been convicted by a Court of law of an offence involving moral turpitude. (4) The Chancellor may, by order in writing, annul any proceeding of any of the Authorities which, in his opinion, is not in conformity with this Ordinance, the Statutes or the University Ordinances: Provided that, before making any such order, he shall, through the Vice Chancellor, call upon the Authority concerned to show cause why such an order should not be made. (5) Every proposal for the conferment of an honorary degree shall be subject to confirmation by the Chancellor. (6) The Chancellor may, if he is satisfied that exceptional circumstances seriously interfering with the normal activities of the University exist, pass such order as he may consider necessary in the interest of the University; and such orders shall be binding on the Authorities and their members and the officers, teachers and other employees of the University, and shall be given effect to by the Vice Chancellor.",
"name": "Powers of the Chancellor",
"related_acts": "",
"section_id": 10
},
{
"act_id": 319,
"details": "11. (1) The Vice Chancellor shall, by notification in the official Gazette, be appointed by the Chancellor on such terms and conditions as the Chancellor may determine. (2) The Vice Chancellor shall hold office for 4 years from the date of his appointment and, on the expiry of his term of office, shall be eligible for re appointment. (3) When the office of the Vice Chancellor falls vacant temporarily by reason of leave, illness or other causes, the Chancellor shall make such arrangements for carrying on the duties of the office of the Vice Chancellor as he may think fit.",
"name": "Appointment of Vice-Chancellor",
"related_acts": "",
"section_id": 11
},
{
"act_id": 319,
"details": "12. (1) The Vice Chancellor shall be the principal executive and academic officer of the University and shall, if present, preside at the meetings of the Syndicate, the Academic Council, the Faculties, the Committee for Advanced Studies and Research, the Selection Board, the Finance Committee, and the Planning and Development Committee. In the absence of the Chancellor, he shall preside at the Convocations of the University. He shall be entitled to attend and preside at any meeting of any Authority or other body or Committee of the University. (2) The Vice Chancellor shall ensure that the provisions of this Ordinance, the Statutes and the University Ordinances are faithfully observed and carried out, and he shall exercise all powers necessary for this purpose. (3) In an emergency arising out of the business of the University, and requiring, in the opinion of the Vice-Chancellor, immediate action, the Vice Chancellor may take such action as he may deem necessary, and shall report the actions so taken to the Authority concerned as early as possible. (4) The Vice Chancellor shall have the power to appoint, punish or dismiss such employees of the University as may be prescribed by the Statutes. (5) The Vice Chancellor shall have the power to create temporary posts and to make appointments thereto for a period not exceeding six months. (6) The Vice Chancellor may, subject to such conditions as may be prescribed by the Statutes, delegate any of his powers to such officers and employees of the University as he may determine. (7) The Vice Chancellor shall exercise such other powers as may be prescribed by the Statutes.",
"name": "Powers of the Vice-Chancellor",
"related_acts": "",
"section_id": 12
},
{
"act_id": 319,
"details": "512A. (1) The Chancellor may, if he deems fit so to do, appoint a Pro-Vice-Chancellor on such terms and condition and for such period as he may determine. (2) The pro-Vice-Chancellor shall perform such duties as may be prescribed by the Statutes and University Ordinances.",
"name": "Pro-Vice-Chancellor",
"related_acts": "",
"section_id": 13
},
{
"act_id": 319,
"details": "13. Subject to the provisions of this Ordinance, the powers and duties of other officers of the University shall be such as may be prescribed by the Statutes.",
"name": "Other officers",
"related_acts": "",
"section_id": 14
},
{
"act_id": 319,
"details": "14. The following shall be the Authorities of the University:- (i) \tthe Syndicate, (ii) \tthe Academic Council, (iii) \tthe Faculties, (iv)\tthe Boards of Studies, (v)\tthe Committee for Advanced Studies and Research, (vi)\tthe Selection Board, (vii)\tthe Finance Committee, (viii) \tthe Planning and Development Committee, and (ix)\tsuch other authorities as may be prescribed by the Statutes to be the Authorities of the University.",
"name": "Authorities",
"related_acts": "",
"section_id": 15
},
{
"act_id": 319,
"details": "615. The Syndicate shall consist of the following members, namely:- (i) the Vice-Chancellor-Chairman, (ii) the Pro-vice-Chancellor, (iii) the Director General, Secondary and Higher Education, (iv) the Director General, Technical Education, (v) two Deans to be nominated by the Chancellor, and (vi) six persons to be nominated by the Chancellor.",
"name": "Syndicate",
"related_acts": "",
"section_id": 16
},
{
"act_id": 319,
"details": "16. Subject to the other provisions of this Ordinance, the Syndicate shall have the general management of, and superintendence over, the affairs, concerns and property of the University, and shall exercise such superintendence in accordance with the provisions of the Ordinance, the Statutes and the University Ordinances. In particular, it- (a)\tshall determine the form, provide for the custody, and regulate the use of the common seal of the University; (b)\tshall hold, control and administer the property and the funds of the University, and make contracts on behalf of the University; (c)\tshall have the power to transfer and accept the transfer of any movable or immovable property on behalf of the University in such manner as may be prescribed by Statutes; (d)\tshall manage and regulate the finances, accounts, and investments of the University; (e) \tmay invest any monies belonging to the University, including any unapplied income, in any of the securities described in section 20 of the Trusts Act, 1882, or in the purchase of immovable property in Bangladesh, may vary such investments and may place on fixed deposits, in any approved Bank, any portion of such monies not required for immediate expenditure; (f)\tshall administer any funds placed at the disposal of the University for specific purposes; (g)\tshall consider and pass the budget of the University; (h)\tshall arrange for and direct the inspection of colleges and Teaching Departments; (i)\tmay institute such teaching or administrative posts as it may consider necessary; (j)\tmay abolish or suspend any existing teaching or administrative post in the University; (k)\tshall, subject to the other provisions of this Ordinance and the Statutes, appoint officers on the recommendation of the Vice Chancellor, and teachers on the recommendation of the Selection Board, and shall determine their duties and conditions of appointment; (l)\tmay confer and grant degrees and diplomas; (m)\tshall, subject to the other provisions of this Ordinance, regulate, determine and administer all matters concerning the University, and, to this end, shall exercise all other powers not otherwise provided for by this Ordinance, or the Statutes and the University Ordinances; and (n) \tmay delegate any of its powers to an officer or an Authority of the University or to a Committee or sub committee appointed for a specific purpose.",
"name": "Powers and duties of the syndicate",
"related_acts": "47",
"section_id": 17
},
{
"act_id": 319,
"details": "17. The term of office of the nominated members and the quorum for the meetings of the Syndicate shall be such as may be prescribed by the Statutes.",
"name": "The term of office of the members of the Syndicate",
"related_acts": "",
"section_id": 18
},
{
"act_id": 319,
"details": "18. The Academic Council shall consist of the following:- (i) the Vice Chancellor Chairman, 7(ia) the Pro-Vice-Chancellor, (ii) the Deans of the Faculties, (iii) the Heads of the Teaching Departments, (iv) the Professors, (v) the Associate Professors, (vi) the Director of Advisory, Extension and Research Services, (vii) the Director of Students' Welfare, and (viii) five persons to be nominated by the Chancellor.",
"name": "Academic Council",
"related_acts": "",
"section_id": 19
},
{
"act_id": 319,
"details": "19. Subject to the other provisions of this Ordinance and the Statutes, the Academic Council shall have the power- (a) \tto advise the Syndicate on all academic matters; (b) \tto make University Ordinances for the proper conduct of teaching, research and examination, and for promoting academic life in the University and the colleges; (c) \tto lay down conditions under which the students may be given admission to the various courses of studies and the examinations held by the University; (d)\tto propose to the Syndicate schemes for constitution of University Departments and Boards of Studies; (e) \tto deal with University teaching and to make proposals for the planning and development of teaching and research in the University; (f) \tto prescribe, subject to the approval of the Syndicate and upon the recommendations of the Boards of Studies and the Faculties, the courses of studies, the syllabuses and the outlines of texts for all the examinations: Provided that, if the recommendations of a Board of Studies or Faculty are not available to the Academic Council by the tenth of April each year, it may, subject to the approval of the Syndicate, continue for the next year the courses of studies already prescribed for an examination; (g) \tto recognise the examinations of other Universities or Boards or Institutes as equivalent to the corresponding examinations of the University; and (h)\tto make University Ordinances for the award of Fellowships, Scholarships, Medals and Prizes.",
"name": "Powers and duties of the Academic Council",
"related_acts": "",
"section_id": 20
},
{
"act_id": 319,
"details": "20. The term of office of the nominated members and the quorum for the meetings of the Academic Council shall be such as may be prescribed by the Statutes.",
"name": "Term of office of the members of the Academic Council",
"related_acts": "",
"section_id": 21
},
{
"act_id": 319,
"details": "21. Subject to the provisions of this Ordinance, the constitution, powers and duties of the Faculties, Boards of Studies, Committee for Advanced Studies and Research, Selection Board, Finance Committee, Planning and Development Committee and other Authorities, shall be such as may be prescribed by the Statutes.",
"name": "Constitution, powers and duties of the Authorities",
"related_acts": "",
"section_id": 22
},
{
"act_id": 319,
"details": "22. Subject to the provisions of this Ordinance, the Statutes may provide for all or any of the following matters, namely:- (a)\tthe constitution, powers and duties of the Authorities; (b)\tthe constitution of pension and provident funds for the benefit of the officers, teachers and other employees of the University; (c)\tthe designations, powers and duties of the officers and teachers of the University; (d)\tthe conditions of service of the officers, teachers and other employees of the University; (e)\tthe mode of appointment of the officers and teachers of the University; (f) \tthe duration of courses; (g)\tthe medium of instruction and examination; (h)\tthe fees to be charged for the courses of studies in the University and for admission to the examinations held by the University; (i) \tthe creation and abolition of posts; (j) \tthe establishment of Teaching Departments and colleges; and (k)\tall other matters which, according to this Ordinance, may be prescribed by the Statutes.",
"name": "Statutes",
"related_acts": "",
"section_id": 23
},
{
"act_id": 319,
"details": "23. (1) On the commencement of this Ordinance, the Statutes set forth in the Schedule shall be the Statutes of the University. (2) The Statutes may be amended, repealed or added to, by Statutes made by the Syndicate in the manner hereinafter appearing. (3) The Syndicate may propose to the Chancellor the draft of any Statute to be assented to by him: Provided that no Statutes relating to any matter mentioned in clauses (f), (g), (h), (i) and (j) of section 22 shall be proposed unless it has first been referred to the Academic Council and the Academic Council has expressed its opinion on it. (4) A Statute proposed by the Syndicate shall have no validity until it has been assented to by the Chancellor. The Chancellor may assent to a Statute as proposed by the Syndicate or withhold his assent, or may refer it back to the Syndicate for re consideration; and the Statute shall be re submitted to the Chancellor for his assent thereto.",
"name": "Framing of Statutes",
"related_acts": "",
"section_id": 24
},
{
"act_id": 319,
"details": "24. The Academic Council may, subject to the provisions of this Ordinance and the Statutes, frame University Ordinances providing for all or any of the following matters, namely:- (a) \tregistration of students in the University and admission of the students in the University and colleges; (b) \tequivalence of examinations conducted by other Universities, Boards and Institutions; (c) \tframing of detailed syllabuses of the examinations held by the University; (d)\tconditions of admission to the examinations held by the University; (e) \tconduct of examinations; (f) \tsubjects comprised in a Faculty; (g) \tconditions of residence of the students; 8(gg) \tconduct and discipline of the students of the University, and punishment including rustication and expulsion for misconduct and breach of discipline; (h)\tcondition of admission to the Teaching Departments; and (i) \tall other matters which, by this Ordinance, may be prescribed by the University Ordinances.",
"name": "University Ordinances",
"related_acts": "",
"section_id": 25
},
{
"act_id": 319,
"details": "25. (1) When a University Ordinance has been framed under section 24, it shall be submitted to the Syndicate which may approve or reject it, or may refer it back to the Academic Council for re consideration and re submission to the Syndicate. (2) A University Ordinance framed by the Academic Council shall have no validity until it has received the approval of the Syndicate.",
"name": "Approval of University Ordinances by Syndicate",
"related_acts": "",
"section_id": 26
},
{
"act_id": 319,
"details": "26. (1) The Authorities of the University may make Regulations not inconsistent with this Ordinance, the Statutes and the University Ordinances,- (a)\tlaying down the procedure to be followed at their meetings, and (b)\tproviding for all matters solely concerning such Authorities and not provided for by this Ordinance, the Statutes and the University Ordinances. (2) Every Authority of the University shall make Regulations providing for the giving of notice to the members of such Authority, of the dates of meetings, of the business to be transacted at the meetings and for the keeping of records of the proceedings of the meetings. (3) The Syndicate may direct the amendments, in such manner as it may specify, of any Regulation made under sub section (1) or sub section (2) or the annulment of any Regulation made under sub section (1): Provided that any Authority which is dissatisfied with any such direction may appeal to the Chancellor whose decision shall be final.",
"name": "Regulations",
"related_acts": "",
"section_id": 27
},
{
"act_id": 319,
"details": "27. (1)The University shall have a fund to be called the University Fund and to which shall be credited- (a)\tits income from fees, donations, trusts, bequests, endowments and other grants; and (b)\tany contribution or grant by the Government. (2) The Government shall, for the purposes of this Ordinance, contribute annually to the University such sum of money as it may determine.",
"name": "University Fund",
"related_acts": "",
"section_id": 28
},
{
"act_id": 319,
"details": "28. The statement of the accounts of the University shall, once a year, be submitted before the Government for the purpose of annual audit.",
"name": "Audit of Accounts",
"related_acts": "",
"section_id": 29
},
{
"act_id": 319,
"details": "29. If any question arises regarding the interpretation of any provision of this Ordinance or of any Statute, University Ordinance or Regulation, or as to whether any person has been duly nominated as, or is entitled to be, a member of any Authority or other body of the University, the matter shall be referred to the Chancellor, whose decision thereon shall be final.",
"name": "Interpretation in case of doubt",
"related_acts": "",
"section_id": 30
},
{
"act_id": 319,
"details": "30. All casual vacancies among the members (other than the ex officio members) of any Authority or other body of the University shall be filled, as soon as may be, by the person who, or the Authority or body which, appointed or nominated the member whose place has become vacant, and the person appointed or nominated to a casual vacancy shall be a member of such Authority or body for the unexpired period of the term for which the person whose place he fills would have been a member.",
"name": "Filling of casual vacancies",
"related_acts": "",
"section_id": 31
},
{
"act_id": 319,
"details": "31. No act or proceeding of any Authority or other body of the University shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, such Authority or body.",
"name": "Proceedings not invalidated by vacancy",
"related_acts": "",
"section_id": 32
},
{
"act_id": 319,
"details": "32. The University shall constitute, for the benefit of its officers, teachers and other employees, such pension and provident funds, in such manner and subject to such conditions, as may be prescribed by the Statutes.",
"name": "Pension and Provident Funds",
"related_acts": "",
"section_id": 33
},
{
"act_id": 319,
"details": "33. No order made under this Ordinance, or any Statute, University Ordinance or Regulation, 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 Ordinance or any Statute, University Ordinance or Regulation.",
"name": "Protection of acts and orders",
"related_acts": "",
"section_id": 34
},
{
"act_id": 319,
"details": "34. The members of the Authorities, the employees of the University, and other persons appointed for carrying out the purposes of this Ordinance, shall be deemed to be public servants within the meaning of section 21 of the 9* * * Penal Code.",
"name": "Members and employees to be public servants",
"related_acts": "",
"section_id": 35
},
{
"act_id": 319,
"details": "35. The teachers and employees of the University shall neither seek nor contest election of any legislature or local body.",
"name": "Prohibition against seeking elections",
"related_acts": "",
"section_id": 36
},
{
"act_id": 319,
"details": "36. Notwithstanding anything contained in the Statutes, the first Registrar may be appointed by the Chancellor for a period not exceeding one year on such terms\tand conditions as the Chancellor may determine.",
"name": "Appointment of first Registrar",
"related_acts": "",
"section_id": 37
},
{
"act_id": 319,
"details": "37. The Chancellor may, for the purpose of removing any difficulties in first giving effect to the provisions of this Ordinance, particularly in relation to the first constitution of any Authority of the University, by orders in writing, direct that such action be taken as he may deem necessary or expedient.",
"name": "Removal of difficulties by the Chancellor at the commencement of the Ordinance",
"related_acts": "",
"section_id": 38
}
],
"text": "An Ordinance to establish the Bangladesh University of Engineering and Technology. 1♣ WHEREAS it is expedient to establish a University of Engineering and Technology in Bangladesh to provide facilities for higher education and research work in Engineering and Technology and all their branches; 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": 320,
"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 2 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"2 The word “Bengal” was omitted by section 4 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"3 The commas and words “, either of its own motion or at the instance of the Central Government,” were omitted by section 5 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"4 Clauses (a), (b) and (c) were substituted for the former clauses (a) and (b) by section 6 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"5 The word “Government” was substituted for the words “Central or a Provincial Government” by section 6 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"6 The word “Republic” was substituted for the word “State” by section 7 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"7 Clause (dd) was inserted by section 2 of the Agricultural Development Corporation (Amendment) Ordinance, 1969 (East Pakistan Ordinance No. XIV of 1969)",
"8 The words “East Bengal” were omitted by section 8 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"9 The words, commas and figure “Governor of the district, the Thana Council and to the Union Parishad constituted under the Bangladesh Local Government (Union Parishad and Paurashava) Order, 1973,” were substituted for the words, commas and figure “Deputy Commissioners of the district, and to the District Council, the Thana Council and the Union Council constituted under the Basic Democracies Order, 1959,” by section 9 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"10 The words and comma “Deputy Commissioner of the district, and to the Zilla Board and” were substituted for the words and comma “Governor of the district, the Thana Council and to” by section 4 of the Bangladesh Agricultural Inputs (Supply and Services) Corporation (Amendment) Ordinance, 1976 (Ordinance No. XI of 1976)",
"11 The words “Supreme Court” were substituted for the words “High Court” by section 10 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"12 The words “High Court Division” were substituted for the words “High Court” by section 11 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"13 The words “High Court Division” were substituted for the words “High Court” by section 11 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"14 The words “High Court Division” were substituted for the words “High Court” by section 11 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"15 The words “High Court Division” were substituted for the words “High Court” by section 11 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"16 The word “Government” was substituted for the words “Central Government” by section 12 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"17 The proviso was omitted by section 13 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"18 The words, commas and figures “Bangladesh Local Government (Union Parishad and Paurashava) Order, 1973, or under any other law for the time being in force” were substituted for the words, comma and figure “Basic Democracies Order, 1959” by section 14 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"19 The word “Pakistan” was omitted by section 15 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"20 The word “Republic” was substituted for the words “Central or Provincial Government” by section 16 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"21 The words “the Government” were substituted for the words “such Government” by section 16 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"22 The word “Bengal” was omitted by section 17 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"23 The word “Bangladesh” was substituted for the word “Pakistan” by section 18 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)",
"24 The words, commas and figure “Bangladesh Chartered Accountants Order, 1973,” were substituted for the words, commas and figure “Chartered Accountants Ordinance, 1961,” by section 18 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)"
],
"name": "The Agricultural Development Corporation Ordinance, 1961 (East Pakistan Ordinance)",
"num_of_sections": 82,
"published_date": "16th October, 1961",
"related_act": [
103,
47,
306,
86,
88
],
"repelled": true,
"sections": [
{
"act_id": 320,
"details": "1. (1) This Ordinance may be called the Bangladesh Agricultural Development Corporation Ordinance, 1961. (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": 320,
"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“Co operative Society” has the same meaning as in the 2* * * Co operative Societies Act, 1940; (c)\t“Corporation” means the Bangladesh Agricultural Development Corporation established under section 3; (d) \t“Chairman” means the Chairman of the Corporation; (e) \t“Director” means a Director of the Corporation; (f) \t“officer” means an officer of the Corporation other than the Chairman or a Director; (g) \t“prescribed” means prescribed by rules; (h)\t“project” means a project prepared under Chapter V or Chapter VI; (i) \t“Project Area” means an area which is declared to be a Project Area under section 23; (j) \t“Project Director” means the officer in executive charge of a project; (k) \t“regulations” means regulations made under this Ordinance; and (l) \t“rules” means rules made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 320,
"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 Agricultural 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 and hold 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": 320,
"details": "4. (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 and done by the Corporation. (2) The Board in discharging its functions shall be guided on questions of policy by such directions as the Government 3* * * may from time to time, give, and the Government shall be the sole judge as to whether a direction given to the Corporation is or is not on a question of policy. (3) If the Board fails to comply with any direction given under sub section (2), the Government may remove the Directors, including the Chairman, and, notwithstanding anything contained in section 5, appoint persons in their place temporarily until fresh appointments are made under that section: Provided that the provisions of clause (a) of sub-section (3) of section 5, and sub section (4) thereof, shall not apply to persons appointed temporarily under this sub section.",
"name": "Management and administration",
"related_acts": "",
"section_id": 4
},
{
"act_id": 320,
"details": "5. (1) The Board shall consist of- 4(a) not more than six whole-time Directors appointed by the Government; (b) the Registrar of Co operative Societies, who shall be an ex officio Director; and (c) the Director-General of the Integrated Rural Development Programmes, who shall be an ex-officio Director. (2) The Government shall appoint one of the whole time Directors to be the Financial Director who shall advise the Corporation on all financial matters. (3) A Director shall- (a) unless sooner removed or transferred by the Government, hold office for a term of five years, and may be re appointed for such further period or periods as the Government may, from time to time, specify; (b) receive such salary and allowances as the Government may determine; and (c) perform such duties as are assigned to him by this Ordinance or by the rules or regulations. (4) Every person appointed as Director shall divest himself of any directorship or other interest held by him in any corporation, company or concern which has dealings with the Bangladesh Agricultural Development Corporation, other than corporations, whether statutory or not, and companies or concerns, sponsored by or on behalf of the 5Government, and co operative societies: Provided that the Government may permit a Director to retain the shares purchased by him before his assuming office as Director, and any shares purchased after the assumption of office shall be declared by him, as soon as the corporation, company or concern to which the shares relate starts dealings with the Corporation.",
"name": "Constitution of the Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 320,
"details": "6. The Government shall appoint one of the Directors to be the Chairman, who shall be the chief executive of the Corporation.",
"name": "Appointment of Chairman",
"related_acts": "",
"section_id": 6
},
{
"act_id": 320,
"details": "7. (1) No person shall be or shall continue to be a Director who- (a) \tis or has at any time been convicted of an offence involving moral turpitude; or (b) \tis or has or at any time been adjudicated an insolvent; or (c) \tis found a lunatic or of unsound mind; or (d) \tis or has at any time been disqualified for employment in, or dismissed from the service of the 6Republic; 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 Ordinance; 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 or by or on behalf of the Corporation or in any land or 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 Chairman or of the Chairman in the case of a Director. (3) A Government servant appointed as the Chairman or a Director shall automatically cease to be the Chairman or a Director, as the case may be, on his transfer, in the interest of public service, from the Corporation.",
"name": "Disqualifications, removal and transfer of Chairman and Directors",
"related_acts": "",
"section_id": 7
},
{
"act_id": 320,
"details": "8. (1) The Corporation may appoint such officers, advisers and servants as it considers necessary for the efficient performance of its functions on such terms and conditions as it may deem fit. (2) The Chairman may, in cases of urgency, appoint such officers, advisers or servants and on such terms and conditions as he thinks fit: Provided that every such appointment shall be reported to the Board without unreasonable delay and shall not continue beyond six months unless approved by the Board.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 320,
"details": "9. (1) Procedure for the appointment of the officers and servants of the Corporation and the terms and conditions of their service shall be such as may be prescribed by regulations. (2) Subject to rules and regulations, the Corporation shall be competent to take disciplinary action against its officers and servants.",
"name": "Recruitment, conditions of service and disciplinary powers",
"related_acts": "",
"section_id": 9
},
{
"act_id": 320,
"details": "10. (1) The meetings of the Board shall be held at such times and at such places as may be prescribed by the regulations: Provided that the Board shall meet at least once in two months. (2) To constitute a quorum at a meeting of the Board not less than two Directors shall be present. (3) The meetings of the Board shall be presided over by the Chairman, and in the absence of the Chairman, by the Director authorised by him in writing in that behalf, or, in default of such authorisation, by the person elected for the purpose by the Directors present from amongst themselves. (4) Each Director, including the Chairman, shall have one vote, but in the event of equality of votes, the Chairman shall have a second or casting vote. (5) The minutes of every meeting of the Board, 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 be open to inspection by the Directors.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 10
},
{
"act_id": 320,
"details": "11. (1) The Chairman shall forward to the Government a copy each of the agenda, working papers and the minutes of every meeting of the Board within fifteen days of the date on which the meeting is held. (2) The Government may require the Board to furnish- (a)\tany returns, statements, estimates, statistics or other information regarding any matter under the control of the Corporation; or (b)\ta report on any such matter; and the Board shall comply with any such requisition without undue delay.",
"name": "Forwarding of agenda, etc., to Government",
"related_acts": "",
"section_id": 11
},
{
"act_id": 320,
"details": "12. (1) The Board may delegate to the Chairman, or any Director or officer, any of its powers under this Ordinance or the rules or regulations. (2) The Chairman may likewise delegate to any Director or officer any of his powers, under this Ordinance or the rules or regulations not being a power delegated to him by the Board under sub section (1).",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 12
},
{
"act_id": 320,
"details": "13. (1) The Corporation shall- (a) make suitable arrangements throughout Bangladesh, on a commercial basis, for the procurement, transport, storage and distribution to agriculturists of essential supplies, such as seed, fertilisers, plant protection equipment, pesticides and agricultural machinery and implements: Provided that some or any of such supplies may be free or subsidised with the previous approval in writing of the Government: Provided further that, as far as practicable, these supplies shall be distributed through co operative societies; (b) promote the setting up of co operative societies with a view to handing over to them its supply functions in accordance with a phased programme; (c) encourage the development of co operative societies in other spheres in which the Corporation is interested; (d) if so directed by the Government, take over and manage, on such terms and conditions as may be specified by the Government, such seed multiplication and livestock breeding farms and fruit nurseries as are owned or managed by the Government; and 7(dd) if so directed by the Government take over and manage, on such terms and conditions as may be specified by the Government, any scheme or project prepared for the purpose of increasing agricultural production and run or managed by the Government or any agency under the administrative control of the Government; and (e) assist, encourage and promote the manufacture of improved agricultural machinery and implements, but shall not itself undertake any such manufacture: Provided that it shall, if so directed by the Government, take over, on such terms and conditions as may be specified by the Government, any concern owned or managed by the Government and engaged in such manufacture. (2) In addition to the functions enumerated in sub-section (1), the Corporation may- (a) give loans in kind, and if so directed by the Government, shall do so, for such purposes as may be prescribed by the regulations; (b) assist, encourage, and promote the establishment of industries for the processing of agricultural produce, the formulating or manufacturing of insecticides, pesticides, fungicides or biologicals, or the manufacturing of cattle and poultry feed; (c) (i) organise the supply, maintenance and operation of lift pumps and tube-wells and set up light workshops for running repairs; (ii) supply, operate and maintain lift pumps and tube-wells for the supply of water for irrigation or other purposes; (iii) operate and maintain tractors and other implements for the supply of mechanised cultivation services; (iv) received, by transfer, schemes for mechanised cultivation and power pump irrigation from the Government or any other agency, if any, under the administrative control of the Government, and, on transfer, any amount due to the Government or such other agency, on amount of hire charges of tractors, power pumps and other implements, shall be deemed to be the dues payable to the Corporation under this Ordinance; (d) in consultation with the Government, encourage the expansion and improvement of industries for the manufacture of diesel engines used in agriculture, the setting up of cold storage plants, the renewal and establishment of ginneries, oil expellers, jute presses and rice huskers; (e) if adequate facilities for servicing machinery are not available in Bangladesh, make suitable arrangements with any outside agency for providing such facilities; (f) where adequate transport facilities are not available, provide or maintain suitable transport of its own, and if existing public or private transport agencies are unable to provide such facilities to the Corporation, assist financially or otherwise, public or private interests in setting up suitable transport services for the use of the Corporation; (g) carry out or cause to be carried out surveys of the problems and potentials of any area proposed to be declared a Project Area under section 23, and incur expenditure on such surveys, on the training of personnel, and on studies, experiments and technical research; and (h) contribute towards the cost of any studies, surveys, experiments or technical research connected with the functions of the Corporation and undertaken or done by any other person, body or agency.",
"name": "Functions",
"related_acts": "",
"section_id": 13
},
{
"act_id": 320,
"details": "14. Without prejudice to the generality of section 13, in a Project Area, the Corporation- (a)\tshall organise the dissemination of technical knowledge among agriculturists with a view to ensuring intensive and co ordinated use of improved seeds, fertilisers, plant protection materials, better cultivation techniques, and credit, including supervised credit; (b)\tshall deal with all matters pertaining to land reclamation, range management, dairy industry, organisation of agriculture in new areas, harnessing of hill streams, conservation of catchments, exploitation of potential areas, planned agriculture through suitable crop rotation and mixed farming, marketing and processing of agricultural produce and organisation of co operative and block farming; (c) \tshall organise supervised credit and linking of credit with marketing through co operative societies; (d)\tshall supervise cash credit in such manner as may be prescribed by the regulations; (e) \tshall perform all functions, which were, immediately before the issue of notification under section 23 were being performed in such area by the Departments dealing with agriculture, animal husbandry, livestock, co operative societies, fisheries, forests and consolidation of holdings; (f) \tmay undertake distribution of water for irrigation; (g) \tmay undertake anti salinity measures; (h)\tmay assist, encourage and promote the use of agricultural machinery; and (i) \tmay organise, or enter into contracts for, such research as may be necessary for carrying out its functions, including research in land and water utilisation.",
"name": "Additional functions in Project Areas",
"related_acts": "",
"section_id": 14
},
{
"act_id": 320,
"details": "15. (1) The Corporation may take such measures and exercise such powers as it considers necessary or expedient for carrying out the purposes of this Ordinance. (2) Without prejudice to the generality of the powers conferred by any other provisions of this Ordinance, the Corporation may undertake any works, supply anything and services, incur any expenditure, procure any plants, machinery or materials required for its use and may enter into any contracts and do all acts and things necessary for the performance of such contracts. (3) The Corporation may fix up-rates with the previous approval of the Government for the supply of mechanised cultivation services and irrigation waters and such rates shall be recoverable by the Corporation under this Ordinance.",
"name": "General powers",
"related_acts": "",
"section_id": 15
},
{
"act_id": 320,
"details": "16. (1) The Corporation may- (a) grant land vested in the Corporation to any person on any condition it thinks fit, and for this purpose issue a statement or statements of conditions on which the Corporation is willing to grant such land: Provided that no land shall be granted to any person without the statement of conditions having been approved by the Government: Provided further that no land shall ordinarily be leased for a period exceeding ten years, and where any lease for a longer period is given the provisions of the 8* * * State Acquisition and Tenancy Act, 1950, shall apply, and any other grant shall also be subject to the provisions of the said Act; (b) resume the land so granted or in the alternative impose a penalty not exceeding five hundred taka, where the grantee is proved to the satisfaction of the Corporation to have committed a breach of any of the conditions of the tenancy: Provided that before an order is made under this clause, the grantee shall be given an opportunity to appear and state his objections: Provided further that in a case of resumption, the grantee shall be liable to restore possession forthwith, but shall be entitled to compensation for the standing crops and for improvements made by him during the tenancy; (c) notwithstanding anything contained in any other law for the time being in force,- (i) prepare or confirm schemes for consolidation of holding in any Project Area by re distribution of title or any of the lands therein so as to reduce the number of plots in the holdings, and order payment of compensation to any person who has received an allotment under any such scheme of consolidation of less market value than his original holding to be paid by all or any of the other persons affected by any such scheme and in such proportion as the Corporation may decide; and (ii) appoint officer to perform the duties of Consolidation Officers under the law relating to consolidation of holding; (d) take over and manage Khas lands of the Government on such terms and conditions as may be agreed upon between the Corporation and the Government; (e) regulate by general or special order the use of land and restrict or prohibit the carrying of any offensive or unwholesome trade or the construction of any building or structure; (f) direct, in respect of any area- (i) the levelling, terracing and embankment of fields; (ii) the afforestation of such area or part thereof; (iii) the construction of earthworks in fields or ravines; (iv) the provision of drains for storm water, construction of surface field drains and sub-surface drains; (v) the training of streams; and (vi) the execution of such other works as are necessary in the opinion of the Corporation to protect the land from the erosive action of wind or water, or for the development of such area or for the exploitation of its water resources; (g) direct that any work, which has been required to be done by any person under the preceding clause, and which remains undone, shall, after due notice to such person and consideration of any objection raised by him, be executed by the Corporation, and specify the portion in which the risk and expenses of such work shall be borne by such person, or by any other person who is held by the Corporation, upon due enquiry after reasonable notice to him, to be responsible for the execution of such work in whole or in part; (h) regulate, restrict or prohibit by general or special order in respect of any area- (i) the clearing or breaking up of land for cultivation; (ii) the quarrying of non mineral stone and the burning of lime or charcoal; (iii) the admission, herding, parking and retention of cattle; (iv) the felling, girdling, lopping, tapping or burning of any tree or timber; and (v) the kindling, keeping or carrying of any fire; (vi) direct the growing of a particular kind or type of crops or trees in a particular area and specify the rotation of crops to be followed; (i) undertake the breaking of land, planting of trees, construction of water courses and do all necessary acts to bring land vested in the Corporation under cultivation; and (j) make grant of money to any person for the purpose of furthering any of the objects of this Ordinance on such terms and conditions as may be prescribed. (2) Any general order made under sub section (1) shall be published in such manner as may be prescribed.",
"name": "Power regarding use of land",
"related_acts": "",
"section_id": 16
},
{
"act_id": 320,
"details": "17. (1) The Corporation may by regulations provide for the terms and conditions on which persons who, at the commencement of this Ordinance, were in cultivating possession of agricultural land may continue in such possession. (2) An order made under sub section (1) shall have effect, notwithstanding anything contained in any other law for the time being in force. (3) On the application of the Corporation, any Magistrate or Police Officer may summarily reject any person who is in cultivating possession of agricultural land contrary to the provisions of an order made under sub section (1), and on similar application summarily restore possession to any person who may be entitled to it and may use such force as may be necessary for the purpose.",
"name": "Power to control letting of land and rights of tenants",
"related_acts": "",
"section_id": 17
},
{
"act_id": 320,
"details": "18. In order to improve communications in and around a Project Area, the Corporation may- (a) \tsubject to any conditions it may deem fit to impose,- (i) \tguarantee the payment from the funds at its disposal, of such sums as it may deem fit, by way of interest on capital expended on the construction, maintenance or working any means of communication; and (ii) \tmake such payments as it may deem fit from the said funds, by way of subsidy to persons undertaking to provide, maintain and work any means of communications: Provided that no guarantee or subsidy shall be made without the previous sanction of the Government; or (b)\teither singly, or in combination with any other person, construct, maintain and work any means of communication subject to the provisions of any law applicable thereto; or (c)\tconstruct or widen, strengthen or otherwise improve roads and bridges, subject to the provisions of any law applicable thereto.",
"name": "Powers regarding improvement of communications",
"related_acts": "",
"section_id": 18
},
{
"act_id": 320,
"details": "19. The Corporation may- (a) cause a survey of any land to be made when it considers that a survey is necessary or expedient for carrying out any of the purposes of this Ordinance; or (b) contribute towards the cost of any such survey made by any other authority.",
"name": "Power to make surveys or contribute towards their cost",
"related_acts": "",
"section_id": 19
},
{
"act_id": 320,
"details": "20. (1) The Chairman, or any other person authorised by him in writing, may enter upon and survey any land, undertake investigations, erect pillars for the determination of areas and intended lines of works, make borings and excavations for the discovery of water, construct channels and aqueducts for securing the flow of water, and do all other acts which may be necessary in order to carry out all or any of the objects of this Ordinance: Provided that when the affected land does not vest in the Corporation, the powers conferred by this sub section shall be exercised in such manner as to cause the least interference with and the least damage to, the rights of the owner thereof. (2) When any person enters into or upon any land in pursuance of sub section (1), he shall, at the time of entering, 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 Corporation whose decision shall be final. (3) It shall be lawful for any person authorised under sub section (1) to make an entry for the purpose of inspection or search, to open or cause to be opened a door, gate or other barrier, at any time between the hours of sunrise and sunset,- (a) if he considers the opening thereof necessary for the purpose of such entry, inspection, or search; and (b) if the occupier or owner, as the case may be, is absent, or being present refuses to open such door, gate or barrier: Provided that the compensation shall be paid for the damage caused in such manner as the Corporation may prescribe, and in case of dispute as to the sufficiency of the amount the matter shall be referred to the Corporation, whose decision shall be final.",
"name": "Power of entry",
"related_acts": "",
"section_id": 20
},
{
"act_id": 320,
"details": "21. Subject to the provisions of this Ordinance and the rules and regulations, the Corporation shall, with the previous approval in writing of the Government, prepare an outline plan or plans for the execution of its objectives.",
"name": "Outline plans",
"related_acts": "",
"section_id": 21
},
{
"act_id": 320,
"details": "22. (1) The Corporation shall prepare schemes and projects for Development in specific areas and submit them for the approval of the Government. (2) Every such scheme or project shall, subject to the provisions of this Ordinance, contain the following particulars, namely:- (a)\ta description of the scheme or project and the manner and programme of its execution; (b)\tan estimate of costs involved and benefits expected to accrue therefrom, and the allocation of costs to the various purposes to be served by the scheme or project and the amounts to be repaid by persons benefited thereby; and (c) \tthe target to be achieved.",
"name": "Development Schemes and Projects",
"related_acts": "",
"section_id": 22
},
{
"act_id": 320,
"details": "23. On the receipt of a scheme or project under section 22, the Government may, by notification in the official Gazette declare any area to be a “Project Area”.",
"name": "Declaration of Project Area",
"related_acts": "",
"section_id": 23
},
{
"act_id": 320,
"details": "24. Within a Project Area, the Corporation shall, in addition to the powers and functions specified in this Ordinance, exercise such powers and perform such functions as may be detailed in the aforesaid notification.",
"name": "Powers and functions of the Corporation in a Project Area",
"related_acts": "",
"section_id": 24
},
{
"act_id": 320,
"details": "25. The Government may, by notification in the official Gazette, delegate or entrust any such powers and functions to the Corporation or any officer as may be exercised or performed by the Government, or any authority subordinate to it, under any other law for the time being in force.",
"name": "Delegation or entrustment by the Government of powers and functions to the Corporation",
"related_acts": "",
"section_id": 25
},
{
"act_id": 320,
"details": "26. The Corporation may set up such subsidiary organisations as may be necessary for the execution of any of its schemes or projects and delegate or entrust to any such organisation such of powers and functions as it thinks fit.",
"name": "Subsidiary organisations",
"related_acts": "",
"section_id": 26
},
{
"act_id": 320,
"details": "27. The Corporation may enter into commercial transactions with any person or organisation.",
"name": "Commercial transactions",
"related_acts": "",
"section_id": 27
},
{
"act_id": 320,
"details": "28. After the achievement of the targets of a scheme or project, the Government may permit or require the Corporation to withdraw from a Project Area, and on such withdrawal the area shall cease to be a Project Area: Provided that the Government may make arrangements for the continuation of any activities or undertakings of the Corporation in such area after it has ceased to be a Project Area.",
"name": "Withdrawal of the Corporation from a Project Area",
"related_acts": "",
"section_id": 28
},
{
"act_id": 320,
"details": "29. In schemes or projects involving acquisition and development of land or terracing or levelling of land or soil conservation or soil reclamation, the Corporation may provide for all or any of the following matters, that is to say,- (a)\tthe acquisition under the Land Acquisition Act, 1894, as modified by Chapter VII of this Ordinance, of any land or any interest in land necessary for, or affected by the execution of the scheme or project; (b) \tthe acquisition by purchase, lease, exchange or otherwise of such land or interest in land; (c) \tthe retention, letting on hire, lease, sale, exchange or disposal otherwise of any land vested in or acquired by the Corporation; (d) \tthe relaying of any land comprised in the scheme or project, reservation of any land, not exceeding such portion of the total area as may be specified by regulations, for the common purposes of the village or villages comprised therein, the redistribution of the rest of the land among the owners of the property, and the management of the land reserved for such common purposes; (e)\tthe layout and construction of market places, villages and settlements including the demolition of existing buildings and the erection or re erection of buildings by the Corporation or the owners, or by the Corporation in default of the owners; (f) \tthe provision of facilities for communication, including the layout and alteration of roads, streets, foot paths, bridle paths, aerodromes and waterways; (g) \tthe provision of open spaces, national parks, nature reserves, forests and forest parks; (h)\tthe breaking up, cultivation, afforestation or plantation of lands, and the raising, lowering or reclamation of any land for the production of food-grains, fruits, vegetables, fuel, fodder and similar other things, and the provision of means of irrigation and irrigation channels by the Corporation, or the owners, or by the Corporation in default of the owners; (i)\tthe draining, water supply and lighting of streets and sanitation of villages and settlement, and market places; (j)\tthe provision of a system of drains or sewers for the improvement of Oil drained and insanitary localities; (k)\tthe provision of fisheries, poultry farms, livestock farms, dairy farms, sheep farms, bee farms and similar other farms; (l) \tthe installation, management, maintenance and encouragement of public utility undertakings, rural trades and crafts, industries, and works connected with agriculture; (m)\tthe doing of all acts intended to promote the well being and prosperity of the Project Area; and (n)\tthe advancing as loan to the owners, occupiers or tenants of land comprised in the scheme or project upon such terms and conditions as to interest and sinking fund and other matters as may be specified in the scheme or project, of the whole or part of the capital requisite for breaking up and cultivation of land, construction of water courses, sinking of wells, purchase of cattle and of agricultural implements and machinery, for seeds and for any purpose subsidiary to agriculture and for erection of houses, godowns and cattle sheds.",
"name": "Schemes and projects for development",
"related_acts": "",
"section_id": 29
},
{
"act_id": 320,
"details": "30. (1) When any such scheme or project as is contemplated in section 29 has been prepared, the Corporation shall prepare a notice stating- (a)\tthe fact that the scheme or project has been prepared; (b) \tthe boundaries of the area comprised in the scheme or project; and (c) \tthe place at which details of the scheme or project, including a statement of the land proposed to be acquired or on which it is proposed to charge a development fee, and a general map of the area may be inspected during reasonable hours. (2) The Corporation shall- (a)\tcause the said notice to be published weekly for three consecutive weeks in the official Gazette and in a local newspaper or local newspapers with a statement of the period which shall not be less than thirty days, within which objections shall be received; and (b)\tsend a copy of the notice to the 9 10Deputy Commissioner of the district, and to the Zilla Board and the Union Parishad constituted under the Bangladesh Local Government (Union Parishad and Paurashava) Order, 1973, having jurisdiction in the area with the request to send to the Corporation, within six weeks of receiving the copy of the notice, any representation, comments or suggestions they may wish to make. (3) The Chairman shall cause copies of the documents referred to in clause (c) of sub section (1) to be delivered to any applicant on payment of such fees as may be prescribed.",
"name": "Notice of scheme or project and supply of documents",
"related_acts": "",
"section_id": 30
},
{
"act_id": 320,
"details": "31. (1) During the thirty days next following the first day on which any notice is published under section 30 in respect of any scheme or project under this Chapter, the Corporation shall serve a notice on- (a) every person whom the Corporation has reason to believe, after due enquiry, to be the owner of any immovable property which it proposes to acquire in executing the scheme or project, or in respect of which it is proposed to charge a development fee; and (b) the occupier or tenant (who need not be named) of such premises or land as the Corporation proposes to acquire in executing the scheme or project. (2) Such notice shall- (a) state that the Corporation proposes to acquire such property or to recover a development fee in respect of such property, for the purposes of carrying out a scheme or project under this Chapter; and (b) require such person, if he objects to such acquisition or recovery of Development fee, to state his reasons in writing (in duplicate), 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": "Notice of proposed acquisition of land or levy of development fee",
"related_acts": "",
"section_id": 31
},
{
"act_id": 320,
"details": "32. (1) After the expiry of the period respectively mentioned in clauses (a) and (b) of sub section (2) of section 30 and clause (b) of sub section (2) of section 31, the Corporation shall consider any objection or representation received thereunder and after hearing all persons making any such objection or representation who may desire to be heard or their representative, the Corporation may either abandon the scheme or project or apply to the Government for sanction of the scheme or project with such modifications, if any, as the Corporation may deem necessary. (2) Every application submitted to the Government under sub section (1) shall be accompanied by- (a)\tcomplete plans and details of the scheme or project and an estimate of the cost of executing it; (b) \ta statement of the reasons for modifications, if any, made in the scheme or project as originally prepared; (c) \ta statement of objections and representations, if any, received under section 30; (d)\ta list of the names of all persons, if any, who have objected under clause (b) of sub section (2) of section 31 to the proposed acquisition of their property, or the proposed recovery of development fee, and a statement of the reasons given for such objections; and (e)\ta statement of the arrangements made or proposed to be made by the Corporation for the resettlement or re housing of persons who are likely to be displaced by the execution of the scheme or project.",
"name": "Abandonment of project or application to the Government to sanction it",
"related_acts": "",
"section_id": 32
},
{
"act_id": 320,
"details": "33. (1) The Government may sanction, with or without modifications, or may refuse to sanction, or may return for reconsideration, any scheme or project submitted to it under section 32. (2) If a scheme or project returned for reconsideration under sub section (1) is modified by the Corporation, it shall be republished in accordance with the provisions of section 30, in every case in which the modification affects the boundaries of the area comprised in the scheme or project or involves the acquisition of any land not previously proposed to be acquired, or the levy of development fee on land which was not previously proposed to be liable to such development fee.",
"name": "Power to sanction, reject or return a scheme or project",
"related_acts": "",
"section_id": 33
},
{
"act_id": 320,
"details": "34. (1) Whenever the Government sanctions any scheme or project under this Chapter, it shall announce the fact, by notification in the official Gazette, and the Corporation shall forthwith proceed to execute the scheme or project. (2) A notification under sub section (1) in respect of any scheme or project shall be conclusive evidence that the scheme or project has been duly prepared and sanctioned and shall not be called in question in any Court.",
"name": "Notification of sanction of any scheme or project",
"related_acts": "",
"section_id": 34
},
{
"act_id": 320,
"details": "35. A scheme or project under this Chapter may be altered by the Corporation at any time between its sanction by the Government and its execution: Provided that,- (a) \tif any alteration is estimated to increase the net estimated cost of executing a scheme or project by more than five lakhs of taka or by ten per cent of the said estimated net cost, whichever is less, such alteration shall not be made without the previous sanction of the Government; or (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, or the levy of development fee on land not previously liable to such fee, the procedure laid down in the foregoing sections of this Chapter shall, so far as applicable, be followed, as if the alteration were a separate scheme or project.",
"name": "Alteration of scheme or project after sanction",
"related_acts": "",
"section_id": 35
},
{
"act_id": 320,
"details": "36. Any number of areas in respect of which the Corporation has prepared or has proposed to prepare schemes or projects under this Ordinance may, at any time, be included in one combined scheme or project.",
"name": "Inclusion of different areas in combined scheme or project",
"related_acts": "",
"section_id": 36
},
{
"act_id": 320,
"details": "37. As soon as any scheme or project has been carried out by the Corporation, or at a later date, the Corporation may, by written requisition, call upon a local authority within whose jurisdiction any particular area covered by the scheme or project lies to take over and maintain any of the works and services in that area and the local authority shall comply with such requisition.",
"name": "Passing over of works and services to local Authorities",
"related_acts": "",
"section_id": 37
},
{
"act_id": 320,
"details": "38. (1) For the purpose of compulsory acquisition of land by the Corporation, the Land Acquisition Act, 1894, hereinafter referred to as the said Act, shall apply subject to the modifications indicated in the Schedule. (2) In addition to the modifications indicated in Schedule,- (a) the first publication of a notice of a scheme or project under section 30 shall be substituted for and have the same effect as publication in the official Gazette and in the locality of a notification under sub section (1) of section 4 of the said Act, except where a notification under section 4 or a declaration under section 6 of the said Act has previously been made and is still in force; (b) proceedings under section 31 and sub section (1) of section 32 shall be substituted for and have the same effect as proceedings under section 5A of the said Act; and (c) subject to the provisions of paragraphs 9 and 10 of the Schedule, the publication of a notification under section 34 shall be substituted for and have the same effect as a declaration by the Government under section 6 of the said Act, unless a declaration under the last mentioned section has previously been made and is still in force.",
"name": "Modification of Act I of 1894",
"related_acts": "",
"section_id": 38
},
{
"act_id": 320,
"details": "39. (1) The Government may, by notification in the official Gazette, declare any area to be an area required immediately for development or for any other purpose similar to the purposes of a scheme or project, and direct the Corporation to undertake in respect of such area all or any of the measures which may be undertaken under any scheme or project. (2) After a notification has been issued under sub section (1) in respect of any area, the Corporation may apply to the Collector, who after giving such reasonable notice as may be prescribed to the owners and occupiers, shall deliver possession of any land in such locality to the Corporation and the land shall thereupon, notwithstanding anything contained in the Land Acquisition Act, 1894, vest absolutely in the Corporation free from all encumbrances subject only to payment of compensation under the Land Acquisition Act, 1894, as modified by this Ordinance.",
"name": "Acquisition in urgent cases",
"related_acts": "",
"section_id": 39
},
{
"act_id": 320,
"details": "40. (1) For the purpose of performing the functions of the Court in reference to the acquisition of land for the Corporation under the Land Acquisition Act, 1894, as modified by this Ordinance, the Government may, by notification in the official Gazette, constitute one or more Tribunals, and may define the local limits of their jurisdiction. (2) The Tribunal shall consist of a President and two Members chosen by the Government. (3) The President of the Tribunal shall be a person qualified to be a Judge of the 11Supreme Court: Provided that no person shall be appointed as President or Member of the Tribunal if he suffers from any of the disqualifications mentioned in sub section (1) of section 7. (4) The term of office of the President and Members of the Tribunal shall be two years, and they shall be eligible for re appointment. (5) The Tribunal shall be deemed to be the Court, and the President thereof shall be deemed to be the Judge for the purpose of compulsory acquisition under the Land Acquisition Act, 1894. (6) The President of the Tribunal shall have the powers of a Civil Court under the Code of Civil Procedure, 1908 to summon and enforce the attendance of witnesses and to compel the production of documents. (7) The Government may, in its discretion, remove a Member of the Tribunal on grounds of inefficiency, misconduct, or for any other good and sufficient reasons. (8) The Government may by rules provide for (a) the method of filling a casual vacancy on a Member becoming incapacitated to work on account of illness or for any other reasons; (b) the employment by the President of the Tribunal of such ministerial staff as is necessary to carry on the work of the Tribunal and their scales of pay; (c) the emoluments or allowances to be paid to the President and the Members of the Tribunal; (d) the grant of leave, promotion, or taking of disciplinary action by the President of the Tribunal in respect of the ministerial staff employed under him; and (e) generally, for the conduct of business before the Tribunal. (9) For the purpose of the award to be made by the Tribunal under the Land Acquisition Act, 1894, the following rules shall apply, that is to say- (a) if there is disagreement between the Members of the Tribunal regarding measurement of land, or the amount of compensation or costs, the opinion of the majority shall prevail; (b) the decision on questions of law and procedure shall rest solely with the President of the Tribunal; (c) the President of the Tribunal shall not be bound to consult the Members in regard to the determination of persons to whom compensation is to be paid, or the apportionment thereof, and may in his discretion dispose of such question singly and in that case his decision shall be deemed to be the decision of the Tribunal. (10) Every award of the Tribunal shall be deemed to be the award of the Court under the Land Acquisition Act, 1894, and shall be enforced by the Subordinate Judge within whose jurisdiction the land under acquisition is situated as if it were the decree of that Court.",
"name": "Tribunals",
"related_acts": "86",
"section_id": 40
},
{
"act_id": 320,
"details": "41. (1) Subject to the provision of sub section (2), an appeal shall lie to the 12High Court Division in any of the following cases, namely:- (a)\twhere the decision is that of the President of the Tribunal sitting alone in pursuance of clause (c) of sub section (9) of section 40; and (b)\twhere the decision is that of the Tribunal, and:- (i) \tthe President of the Tribunal grants a certificate that the case is a fit one for appeal; or (ii) \tthe 13High Court Division grants special leave to appeal: Provided that the 14High Court Division shall not grant such special leave unless the President of the Tribunal has refused to grant a certificate under sub clause (i) and the amount in dispute is not less than five thousand taka. (2) An appeal under clause (b) of sub section (1) shall lie only on one or more of the following grounds, namely:- (a) \tthe decision being contrary to law or to some usage having the force of law; (b) \tthe decision having failed to determine some material issue of law or usage having the force of law; and (c) \ta substantial error or defect in procedure which may possibly have produced error or defect in the decision of the case upon merits. (3) Subject to the foregoing provisions, the provisions of the Code of Civil Procedure, 1908, with respect to appeals from original decrees shall, so far as may be, apply to appeals under this section. (4) Every order passed by the 15High Court Division on appeal under this section shall be enforced by the Court of the Subordinate Judge within whose jurisdiction the land relating to the award or order appealed against is situated, as if it were a decree of that Court. (5) An appeal under this section shall be deemed to be an appeal under the Code of Civil Procedure, 1908, within the meaning of Article 156 of the First Schedule to the Limitation Act, 1908.",
"name": "Appeals",
"related_acts": "86,86,88",
"section_id": 41
},
{
"act_id": 320,
"details": "42. (1) An owner of land comprised in any scheme or project sanctioned by the Government, or any other person having land interest therein, may apply to the Corporation that the acquisition of the land which is not required for the execution of the scheme or project be abandoned. (2) The Corporation may admit for consideration such application if it is made at any time before the Collector has made an award under section 11 of the Land Acquisition Act, 1894, and if the application is admitted, the Corporation shall intimate this fact to the Collector who shall thereupon stay further proceedings connected with the acquisition of land in respect of which the application is admitted and the same shall not be re opened until so desired by the Corporation. (3) The Corporation may, in its discretion, allow such application on payment of such fee and fulfilment of such terms and conditions as it may impose in this behalf. (4) If any application under sub section (1) is rejected by the Corporation or the fee imposed under sub section (3) is not paid by the person concerned within the period specified in that behalf by the Corporation, the Corporation shall intimate the fact to the Collector who shall take up the proceedings for the acquisition of the land from the stage at which they had been stayed. Explanation. In this section, “Collector” has the same meaning as in the Land Acquisition Act, 1894.",
"name": "Abandonment of acquisition",
"related_acts": "",
"section_id": 42
},
{
"act_id": 320,
"details": "43. If any land in respect of which any payment has been accepted under the provisions of section 42 or section 45 be subsequently required for any of the purposes of this Ordinance, the payment or any other act done in connection therewith under the rules framed under sub-section (4) of section 45, shall not be deemed to prevent the acquisition of the land in pursuance of a fresh declaration under section 6 of the Land Acquisition Act, 1894.",
"name": "Fresh acquisition",
"related_acts": "",
"section_id": 43
},
{
"act_id": 320,
"details": "44. (1) There shall be a fund to be known as the “Corporation Fund” vested in the Corporation which shall be utilised by the Corporation to meet charges in connection with its functions under this Ordinance, including the payment of salaries and other remunerations to the Chairman, Directors, officers, advisers and servants of the Corporation. (2) The Corporation Fund shall consist of,- (a) grants made by the Government; (b) loans obtained from the Government; (c) grants made by local authorities; (d) sale proceeds of bonds issued under the authority of the Government; (e) loans obtained by the Corporation with the special or general sanction of the Government; (f) foreign aid and loans obtained with the previous sanction of the 16Government; (g) all fees, including development fees, received by the Corporation; and (h) all other sums received by the Corporation.",
"name": "Corporation Fund",
"related_acts": "",
"section_id": 44
},
{
"act_id": 320,
"details": "45. (1) When, by the execution of any scheme or project under this Ordinance, any land in the area comprised therein which is not required for the execution thereof will, in the opinion of the Corporation, be increased in value or will obtain benefit from the execution of the scheme or project, the Corporation, may, while preparing the scheme or project, or at any time thereafter with the previous sanction of the Government, provide that a development fee shall be paid by the owners thereof or any person having interest therein. (2) The Corporation may at any time after the sanction of the scheme or project under section 33, by resolution declare that for the purpose of levy of development fee the scheme or project shall be deemed to have been executed and shall thereupon proceed to assess the demand in accordance with the rules made under sub section (4). (3) In fixing the amount of development fee to be charged in respect of any land or class of land, the Corporation shall also take into consideration the actual expenditure incurred or to be incurred in the execution of the scheme or project and the degree to which the land or any part of the land has or will be benefited thereby. (4) The Government may make rules providing for- (a) the manner in which the demand for development fee shall be assessed and distributed on the land comprised in the scheme or project and the person or persons by whom the fee shall be payable; (b) the acceptance by the Corporation of a satisfactory and sufficient security in lieu of immediate payment of development fee by an owner of land or any person interested therein; (c) the mode by which development fee shall be realised, the number of instalments to be allowed and the interest chargeable on the balance outstanding from time to time; and (d) the mode of preferring appeal from assessment by the Corporation and the authority to which that appeal shall lie.",
"name": "Development Fee",
"related_acts": "",
"section_id": 45
},
{
"act_id": 320,
"details": "46. The Corporation, may, with the previous sanction of the Government, impose in a Project Area or part thereof any fee or other charge, to meet the expenses incurred in the performance of functions assigned to the Corporation by or under this Ordinance.",
"name": "Other fees and charges",
"related_acts": "",
"section_id": 46
},
{
"act_id": 320,
"details": "47. Any local authority may, and when so required by the Government shall, grant such amount of money to the Corporation as may be determined by the Government.",
"name": "Grants-in-aids",
"related_acts": "",
"section_id": 47
},
{
"act_id": 320,
"details": "48. The Corporation shall be deemed to be a local authority under the Local Authorities Loans Act, 1914, for the purposes of borrowing money under that Act, and the making and execution of any scheme or project under this Ordinance shall be deemed to be a work which such authority is legally authorised to carry out: 17* * *",
"name": "Power of the Corporation to borrow money",
"related_acts": "103",
"section_id": 48
},
{
"act_id": 320,
"details": "49. (1) The Corporation may keep money in any treasury, sub treasury or a bank approved by the Government. (2) Nothing in sub section (1) shall be deemed to preclude the Corporation from investing any such moneys which are not required for immediate expenditure in any of the securities described in section 20 of the Trusts Act, 1882 or placing them in fixed deposit with a bank approved by the Government.",
"name": "Custody and investments of funds",
"related_acts": "47",
"section_id": 49
},
{
"act_id": 320,
"details": "50. The Corporation shall prepare its annual budget estimates and submit the same to the Government by the prescribed date and the Government may modify the said estimates to such extent as it may consider necessary.",
"name": "The Budget",
"related_acts": "",
"section_id": 50
},
{
"act_id": 320,
"details": "51. (1) The Government may, by notification in the official Gazette, make rules 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 rules may provide for- (a) the carrying out of continuous evaluation by the Government of the work of the Corporation; (b) the reappropriation of funds within the sanctioned budget; (c) the maintenance of liaison between the Corporation and other bodies and authorities concerned with administration and development, including the local councils constituted under the 18Bangladesh Local Government (Union Parishad and Paurashava) Order, 1973, or under any other law for the time being in force; (d) the powers of the Project Directors; and (e) any other matters required by the provisions of this Ordinance to be prescribed.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 51
},
{
"act_id": 320,
"details": "52. (1) Subject to the provisions of this Ordinance and the rules, the Corporation may, by notification in the official Gazette, and with the previous approval of the Government, make regulations for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for- (a) \tthe appointment of Committees to consider\tparticular matter or matters; (b) \tthe investment of moneys by the Corporation; (c) \tthe meetings of the Board; (d) \tmethods of ensuring continuous evaluation by the Corporation of its schemes and projects; (e) \tthe determination of the terms and conditions of service of the officers and servants of the Corporation; (f) \tthe mode of operation and expenditure of the funds of the Corporation; and (g)\tAny other matters required by the provisions of this Ordinance to be provided by regulations.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 52
},
{
"act_id": 320,
"details": "53. Every notice or bill issued by the Corporation under this Ordinance shall be signed by the Chairman or by any Director, officer or servant of the Corporation specially or generally authorised by the Chairman and every such notice or bill shall be deemed to be properly signed, if it bears the facsimile of the signature of the Chairman or such Director, officer or servant stamped or printed thereon.",
"name": "Stamping signature on notices or bills",
"related_acts": "",
"section_id": 53
},
{
"act_id": 320,
"details": "54. Subject to the provisions of this Ordinance, every public notice required under this Ordinance shall be deemed to have been duly given if it is published in some local newspaper and posted on a notice board to be exhibited for public information at the building in which the meetings of the Corporation are ordinarily held.",
"name": "Method of giving public notice",
"related_acts": "",
"section_id": 54
},
{
"act_id": 320,
"details": "55. (1) Every notice, other than a public notice, and every bill, issued under this Ordinance shall, unless it is under this Ordinance otherwise expressly provided, be served or presented- (a)\tby giving or tendering the notice or bill, or sending it by registered post, to the person to whom it is addressed; or (b)\tif such person cannot be found, then by leaving the notice or bill at his last known place of abode, or by giving or tendering it to some adult male member or servant of his family, ordinarily residing with him, or by causing it to be affixed on some conspicuous part of the building or land to which it relates. (2) When a notice is required or permitted under this Ordinance to be served upon an owner, occupier or tenant, as the case may be, of a building or land, it shall not be necessary to name the owner, occupier or tenant therein, and the service thereof, in cases not otherwise specially provided for in this Ordinance, shall be effected either- (a) by giving or tendering the notice, or sending it by post to the owner, occupier or tenant, or, if there be more owners, occupiers or tenants than one, to any of them; or (b) if such owner, occupier or tenant cannot be found, then by giving or tendering the notice to an adult male member or servant of his family ordinarily residing with him, or by causing the notice to be affixed on some conspicuous part of the building or land to which it relates. (3) Whenever the person on whom a notice or bill is to be served is a minor, service upon his guardian or upon an adult male member or servant or his family ordinarily residing with him shall be deemed to be service upon the minor.",
"name": "Service notice",
"related_acts": "",
"section_id": 55
},
{
"act_id": 320,
"details": "56. Where, under this Ordinance or a notice issued thereunder, the public or any person is required to do or to refrain from doing anything, a person who fails to comply with such requisition shall, if such failure is not an offence punishable under any other section of this Ordinance, be liable, on conviction by a Magistrate, to a fine not exceeding five hundred taka for every such failure, and in the case of a continuing breach, to a further fine which may extend to five taka for every day after the date of the last conviction during which the offender is proved to have persisted in the breach: Provided that when the notice fixes a time within which a certain act is to be done, and no time is specified in this Ordinance, it shall rest with the Magistrate to determine whether the time so fixed was reasonable time within the meaning of this Ordinance.",
"name": "Disobedience to Ordinance or notice",
"related_acts": "",
"section_id": 56
},
{
"act_id": 320,
"details": "57. If a notice has been given by the Corporation under this Ordinance to a person requiring him to execute a work in respect of any property, movable or immovable, public or private, or to provide or do or refrain from doing anything within a time specified in the notice, and if such person fails to comply with such notice, then the Corporation may cause such work to be executed or such\tthing to be provided or done, and may recover all expenses incurred by it on such account from the said person.",
"name": "Powers of the Corporation to execute works on failure to comply with notice",
"related_acts": "",
"section_id": 57
},
{
"act_id": 320,
"details": "58. (1) If the person to whom the notice mentioned in section 57 has been given, is the owner of the property in respect of which it is given the Corporation may (whether any action or other proceeding has been brought or taken against such owner or not) require the person, if any, who is the occupier or tenant of such property or a part thereof under such owner, to pay to the Corporation instead of paying to the owner the rent payable by him in respect of such property, as it falls due, up to the amount recoverable from the owner under section 57 and any such payment made by the occupier or tenant to the Corporation shall be deemed to have been made to the owner of the property. (2) For the purpose of deciding whether action should be taken under sub section (1), the Corporation may require an occupier or tenant of property to furnish information as to the sum payable by him as rent on account of such property and as to the name and address of the person to whom it is payable, and if the occupier or tenant refuses to furnish such information he shall be liable for the whole of the expenses as if he were the owner.",
"name": "Liability of occupier to pay in default of owner",
"related_acts": "",
"section_id": 58
},
{
"act_id": 320,
"details": "59. Whenever default is made by the owner of a building or land in the execution of a work required under this Ordinance to be executed by him, the occupier or tenant of such building or land may, with the written permission of the Corporation, cause such work to be executed and the expense thereof shall be paid by the owner, or the amount may be deducted out of the rent from time to time becoming due from him to such owner.",
"name": "Right of occupier to execute work in default of owner",
"related_acts": "",
"section_id": 59
},
{
"act_id": 320,
"details": "60. (1) If, after receiving information of the intention of the owner of any building or land to take any action in respect thereof in compliance with a notice issued under this Ordinance, the occupier or tenant refuses to allow such owner to take such action, the owner may apply to a Magistrate. (2) The Magistrate, upon proof of such refusal, may, by order in writing, require the occupier or tenant to give the owner reasonable facility for executing such works, with respect to such building or land, as may be necessary for compliance with the notice, and may also, if he deems fit, order the occupier or tenant to pay to the owner the costs relating to such application or order. (3) If, after the expiration of eight days from the date of the Magistrate's order, the occupier or tenant continues to refuse to allow the owner to execute such work the occupier or tenant shall be liable upon conviction, to a fine which may extend to twenty five taka for every day during which he has so continued to refuse. (4) Every owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in the execution of such works.",
"name": "Procedure upon opposition to execution by occupier",
"related_acts": "",
"section_id": 60
},
{
"act_id": 320,
"details": "61. When the occupier or tenant of a building or land has, in compliance with a notice issued under this Ordinance, executed a work for which the owner of such building or land is responsible, either in pursuance of contract of tenancy or by law, he shall be entitled to recover \tfrom the owner, by deduction from the rent payable by him or otherwise, the reasonable cost of such work.",
"name": "Recovery of cost of works by the occupier",
"related_acts": "",
"section_id": 61
},
{
"act_id": 320,
"details": "62. (1) When a person, by reason of his receiving or being entitled to receive, the rent of immovable property as trustee or agent of a person or society would, under this Ordinance, be bound to discharge an obligation imposed by this Ordinance on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had, in his hands funds belonging to the owner sufficient for the purpose. (2) When an agent or trustee has claimed and established his right to relief under this section, the Corporation may give him notice to apply to the discharge of such obligation as aforesaid the moneys which come to his hands on behalf or for the use of the owner, and should he fail to comply with such notice, he shall be deemed to be personally liable to discharge such obligation.",
"name": "Relief to agents and trustees",
"related_acts": "",
"section_id": 62
},
{
"act_id": 320,
"details": "63. If any person, without lawful authority- (a) removes any fence or any timber used for propping or supporting any building, wall or other thing or extinguishes any light set up at any place where the surface of a street or other ground has been opened or broken up by the Corporation for the purpose of carrying out any work; or (b) infringes any order given, removes any bar, chain or post fixed, by the Corporation for the purpose of closing any street to traffic, he shall be punishable with fine which may extend to fifty taka.",
"name": "Penalty for removing fence, etc.",
"related_acts": "",
"section_id": 63
},
{
"act_id": 320,
"details": "64. If any person- (a)\tobstructs or molests any person with whom the Corporation has entered into contract under this Ordinance in the performance or execution, of the contract by such person, or (b)\tremoves any marks set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Ordinance, he shall be punishable with fine which may extend to two 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": 64
},
{
"act_id": 320,
"details": "65. When the Chairman is satisfied that any person has taken or is in possession of land comprised in any scheme or project or any other land owned by or vested in the Corporation to which he has no right or title, the Chairman or any person authorised by him in addition to any other powers he may possess, may forthwith, with the use of such force as may be necessary, re enter upon the land, and resume possession of it and take possession of all crops, trees and buildings thereon on behalf of the Corporation without payment of any compensation whatsoever.",
"name": "Power of Corporation in cases of squatters and trespassers",
"related_acts": "",
"section_id": 65
},
{
"act_id": 320,
"details": "66. If any person, without the written permission of the Corporation- (a) \tclears or breaks up for cultivation or cultivates any land which is owned by or in the possession of the Corporation and is not included in any tenancy or allocated residential enclosures, or which has been set apart for the common purposes of a town or a village community or section of the same or for a road, canal or watercourse, or (b) \terects any building on any such land, or (c) \tfells or otherwise destroys standing trees on such land, or (d) \totherwise encroaches on any such land, or (e) \tmakes an excavation or constructs a water channel on any such land, he shall be punished on conviction by a Magistrate with a fine not exceeding two hundred taka. Explanation. The felling of trees planted by an owner or tenant on any village road or watercourse traversing his holding is not an offence under this section.",
"name": "Penalty for unauthorised cultivation, etc.",
"related_acts": "",
"section_id": 66
},
{
"act_id": 320,
"details": "67. When the Corporation is satisfied that an act punishable under section 66 has been committed, it may, in lieu of proceeding against the offender under that section, or after conviction of the offender under that section,- (i)\tin the case of an offence under clause (a) of section 66, confiscate the crops growing on any land cultivated in contravention of this Ordinance, or if the crops have been cut, recover such sum as it may assess as the value thereof from the offender; (ii)\tin the case of an offence under clause (c) of section 66, recover such sum as it may assess as the value of the trees destroyed; (iii)\tin the case of an offence under clause (b), (d) or (e) of section 66, cause the building or other encroachment to be demolished or removed or the excavation or channels to be filled up, and levy the cost of so doing from the person responsible for such act.",
"name": "Additional powers of the Chairman of the Corporation in regard to offences",
"related_acts": "",
"section_id": 67
},
{
"act_id": 320,
"details": "68. The Chairman, every Director, and every Officer, Advisor and servant of the Corporation, and the President and every member, officer and servant of the Tribunal, set up under section 40, shall be deemed to be a public servant within the meaning of section 21 of the 19* * * Penal Code.",
"name": "Chairman etc., deemed public servants",
"related_acts": "",
"section_id": 68
},
{
"act_id": 320,
"details": "69. The Corporation shall be liable to pay such contributions for the leave, allowances and pension of any person in the service of the 20Republic and employed as Chairman, Director, Advisor, Officer or servant of the Corporation, or as President, member or officer or servant of the Tribunal constituted under section 40 as may be required by the conditions of his service under 21the Government to be paid to him or on his behalf.",
"name": "Contribution by the Corporation towards leave, allowances and pension of Government servant",
"related_acts": "",
"section_id": 69
},
{
"act_id": 320,
"details": "70. No Court shall take cognizance of any offence punishable under this Ordinance, except on the complaint of the Chairman or some person authorised by the Corporation or by the Chairman by general or special order in this behalf.",
"name": "Authority for prosecution",
"related_acts": "",
"section_id": 70
},
{
"act_id": 320,
"details": "71. The Chairman or any person generally or specially authorised by him may apply to the Deputy Commissioner for the recovery of any sum due under this Ordinance or by agreement made under this Ordinance and the Deputy Commissioner shall thereupon proceed to recover the sum as a public demand under the 22* * * Public Demands Recovery Act, 1913.",
"name": "Recovery of dues",
"related_acts": "",
"section_id": 71
},
{
"act_id": 320,
"details": "72. The Chairman may, subject to the control of the Corporation,- (i) \tinstitute, defend or withdraw from legal proceedings under this Ordinance; (ii) \tcompound any offence against this Ordinance; (iii)\tadmit, compromise or withdraw any claim made under this Ordinance; and (iv)\tobtain such legal advice and assistance as he may, from time to time, deem it necessary or expedient to obtain, or as he may be desired by the Corporation 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 Corporation or any officer or servant of the Corporation.",
"name": "Powers of Chairman as to institution, etc., of legal proceedings and obtaining legal advice",
"related_acts": "",
"section_id": 72
},
{
"act_id": 320,
"details": "73. No suit shall lie against the Corporation, the Chairman, any Director or any Officer, Advisor or servant of the Corporation, or any person acting under the direction of the Corporation, or of the Chairman or of any officer or servant of the Corporation in respect of anything done lawfully and in good faith and with due care and attention under this Ordinance.",
"name": "Indemnity to the Corporation",
"related_acts": "",
"section_id": 73
},
{
"act_id": 320,
"details": "74. (1) No suit shall be instituted against the Corporation, the Chairman, any Director, any person associated with the Corporation or any Officer, Advisor or servant of the Corporation, or any person acting under the direction of the Corporation or of the Chairman or of any officer or servant of the Corporation in respect of an act purporting to be done under this Ordinance, until after the expiration of two months next from notice in writing has been, in the case of the Corporation left at its office, and in any other case delivered to or left at the office or place of abode of the person to be used, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plaintiff; and in case the suit is filed, the plaint shall contain a statement that such notice has been so delivered or left. (2) if the Corporation or other person referred to in sub section (1) shall, before the action is commenced, have tendered, in the opinion of the Court, sufficient amends to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered and shall also pay all costs incurred by the defendant after such tender. (3) Action such as is described in sub section (1) shall, unless it is an action for the recovery of immovable property or for a declaration of the title thereto, be commenced within six months next after the accrual of the cause of action: Provided that nothing in this section shall be construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the commencement of the suit or proceedings.",
"name": "Notice of suit against the Corporation, etc.",
"related_acts": "",
"section_id": 74
},
{
"act_id": 320,
"details": "75. A copy of any receipt, application, plan, notice, order, entry in a register or other document in the possession of the Corporation shall, if duly certified by the legal keeper thereof, or other person authorised by the Corporation in this behalf, be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent, as the original entry or document would, if produced, have been admissible to prove such matters.",
"name": "Mode of proof of the Corporation records",
"related_acts": "",
"section_id": 75
},
{
"act_id": 320,
"details": "76. Neither the Chairman nor any Director, Advisor, Officer or servant of the Corporation shall in any legal proceedings to which the Corporation is not a party be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein unless by order of the Court made for a special cause.",
"name": "Restriction on the summoning of the Corporation servants to produce documents",
"related_acts": "",
"section_id": 76
},
{
"act_id": 320,
"details": "77. (1) No act done or proceedings taken under this Ordinance shall be questioned on the ground merely of- (a) the existence of any vacancy in, or any defect in the constitution of, the Board; or (b) any person having ceased to be a Director has continued to act as such; or (c) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or (d) any omission, defect or irregularity not affecting the merits of the case. (2) Every meeting of the Board, the minutes of the proceedings of which have been duly signed as prescribed in clause (5) of section 10 shall be taken to have been duly convened and to be free from all defects and irregularities.",
"name": "Validation of acts and proceedings",
"related_acts": "",
"section_id": 77
},
{
"act_id": 320,
"details": "78. In any case not otherwise expressly provided for in this Ordinance, the Corporation may pay reasonable compensation to any person who sustains damage by reason of the exercise of any of the powers vested under this Ordinance in the Corporation or the Chairman or any officer or servant of the Corporation.",
"name": "General power of the Corporation to pay compensation",
"related_acts": "",
"section_id": 78
},
{
"act_id": 320,
"details": "79. (1) If on account of any act or omission, any person has been convicted of any offence under this Ordinance, and by reason of such act or omission damage has occurred to any property of the Corporation, compensation shall be paid by the said person for the said damage, notwithstanding any punishment to which he may have been sentenced for the offence. (2) In the event of dispute, the amount of compensation payable by the said person shall be determined by the Court before whom he was convicted 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 imposed by him on the person liable therefore.",
"name": "Compensation for damage to Corporation’s property",
"related_acts": "",
"section_id": 79
},
{
"act_id": 320,
"details": "80. (1) The Corporation shall maintain proper accounts and other relevant records and prepare annual statement of accounts, including the profit and loss account and balance sheet in accordance with such general directions as may be issued, and in such form as may be prescribed by the Government in consultation with the Comptroller and Auditor General of 23Bangladesh, hereafter in this section referred to as the Auditor General. (2) The accounts of the Corporation shall be audited by not less than two auditors who shall be Chartered Accountants within the meaning of the 24Bangladesh Chartered Accountants Order, 1973, and appointed for the purpose by the Corporation with the previous approval in writing of the Government. (3) Notwithstanding the audit provided for in sub-section (2), the Auditor-General shall audit or cause to be audited the accounts of the Corporation. (4) The Corporation shall produce all accounts, books and connected documents and furnish such explanations and information as the Auditor General or any officer authorised by him in this behalf may require at the time of audit. (5) A statement of its accounts audited by the Chartered Accountants referred to in sub section (1) shall be furnished to the Government by the Corporation, as soon as possible after the end of every financial year.",
"name": "Accounts and audit",
"related_acts": "",
"section_id": 80
},
{
"act_id": 320,
"details": "81. 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, including the affairs of the subsidiary organisations, for that year.",
"name": "Annual Report",
"related_acts": "",
"section_id": 81
},
{
"act_id": 320,
"details": "82. (1) The Government may, by notification in the official Gazette, declare that the Corporation shall be dissolved from such date as may be specified in the notification, and thereupon the Corporation shall stand dissolved on and from that date. (2) On and from the date of the notification under sub section (1),- (a)\tall properties, funds and dues which immediately before the said date were vested in or were realisable by the Corporation shall vest in and be realisable by the Government; (b)\tall liabilities which, immediately before the said date were enforceable against the Corporation shall be assumed by, and be enforceable against the Government; and (c)\tfor the purpose of completing the execution of any scheme or project sanctioned under this Ordinance which has not been fully executed by the Corporation and of realising properties, funds and dues referred to in clause (a), the functions of the Corporation shall be discharged by the Government.",
"name": "Dissolution of the Corporation",
"related_acts": "",
"section_id": 82
}
],
"text": "1♣♠An Ordinance to establish an Agricultural Development Corporation for the purpose of increasing agricultural production in Bangladesh. WHEREAS it is expedient to establish an Agricultural Development Corporation for the purpose of increasing agricultural production in Bangladesh; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received a direction in that behalf under clause (2) of Article 5 of the Laws (Continuance in Force) Order, 1958, from the President, the Governor is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance, namely:-"
} |
{
"id": 321,
"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 words “within two months from the date of coming into force of this Ordinance or” 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 and comma “whichever is later,” 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 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 Domestic Servants' Registration Ordinance, 1961 (East Pakistan Ordinance)",
"num_of_sections": 7,
"published_date": "12th December, 1961",
"related_act": [
388,
430
],
"repelled": false,
"sections": [
{
"act_id": 321,
"details": "1. (1) This Ordinance may be called the 1* * * Domestic Servants' Registration Ordinance, 1961. (2) It extends to the specified Areas. (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": "",
"section_id": 1
},
{
"act_id": 321,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) “domestic servant” includes every person who renders domestic services (i.e., services pertaining to household affairs) to his employer in lieu of wages or any other consideration; (b)\t“registration” means registration under this Ordinance; (c)\t“Specified Areas” means the areas specified in the Schedule and such other area or areas as may, from time to time, be included therein by the Government by notification in the official Gazette.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 321,
"details": "3. (1) Any person who takes employment as a domestic servant within the Specified Areas shall, 2* * * within fifteen days of his taking such employment, 3* * * report for registration to the Officer in charge of the police station of the area or any other police officer not below the rank of an Assistant Sub Inspector of Police authorised by the Officer in charge in this behalf (hereinafter referred to as the authorised officer). (2) Any person who seeks employment as a domestic servant within the Specified Areas may report for registration to the Officer-in-charge of the police station of the area or the authorised officer. (3) Any person reporting for registration under sub section (1) or sub section (2) shall- (a)\tgive his correct name and address or addresses and such other particulars as the Officer in charge of the police-station or the authorised officer may consider necessary, (b)\tsupply a copy of his own photograph in duplicate, and (c)\tallow his finger impressions and measurements to be taken by the Officer in charge of the police station or the authorised officer. (4) The Officer in charge of the police station or the authorised officer shall make enquiries about the correctness of the particulars given by the person and his character and antecedents. (5) When the Officer in charge of the police station or the authorised officer is satisfied about the correctness of the particulars given by the person and his character and antecedents, he shall issue a registration card in such form and containing such particulars as may be prescribed. The photograph of the person shall be affixed on the registration card.",
"name": "Registration of domestic servants",
"related_acts": "",
"section_id": 3
},
{
"act_id": 321,
"details": "4. No person shall work as a domestic servant within the Specified Areas without obtaining a registration card as required by section 3 beyond the period allowed under sub section (1) of that section.",
"name": "Prohibition to work as a domestic servant without registration card",
"related_acts": "",
"section_id": 4
},
{
"act_id": 321,
"details": "5. Whoever contravenes the provisions of section 4 shall be punished with simple imprisonment which may extend to one month or with fine which may extend to one hundred 4taka or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 5
},
{
"act_id": 321,
"details": "6. No Court shall take cognizance of an offence punishable under this Ordinance except upon a complaint in writing made by the Officer in charge of the police station or the authorised officer stating the facts constituting the offence.",
"name": "Cognizance",
"related_acts": "",
"section_id": 6
},
{
"act_id": 321,
"details": "7. The Government may make rules consistent with the provisions of this Ordinance for carrying out its purposes.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 7
}
],
"text": "An Ordinance to provide for the registration of domestic servants. ♣ WHEREAS it is expedient to make provisions for the registration of domestic servants working in certain areas in the manner and for the purpose hereinafter appearing; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh 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, namely:-"
} |
{
"id": 322,
"lower_text": [
"1 Throughout this Ordinance, the word “Government” was substituted for the words “Central Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973"
],
"name": "The Port Authorities Lands and Buildings (Recovery of Possession) Ordinance, 1962",
"num_of_sections": 11,
"published_date": "17th February, 1962",
"related_act": [
48,
89,
322,
430
],
"repelled": false,
"sections": [
{
"act_id": 322,
"details": "1. (1) This Ordinance may be called the Port Authorities Lands and Buildings (Recovery of Possession) Ordinance, 1962. (2) It applies to all major ports. (3) It shall come into force at once.",
"name": "Short title, application and commencement",
"related_acts": "322",
"section_id": 1
},
{
"act_id": 322,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“allotment” means permission to occupy temporarily any premises either free of rent or on an agreed rental, without conferring any right or interest in respect thereof on the person to whom such permission has been granted; (b)\t“Authorised Officer” means a Magistrate of the First Class appointed by the Government, by notification in the official Gazette, to exercise all or any of the powers of an Authorised Officer under this Ordinance; (c)\t“land or building” means land or building, or part thereof, which vests in, or is in the possession or under the management or control of a Port Authority, and is used or held for purposes connected with the administration and working of the port; (d) \t“lease” has the same meaning as in the Transfer of Property Act, 1882, and includes an allotment; and “lessee”, which includes his heirs, assigns, legal representatives and all persons inducted by him into the demised land, shall be construed accordingly; (e) \t“major port” means a port to which the Ports Act, 1908, for the time being extends; (f) \t“port authority” means an authority vested by or under any law for the time being in force with the administration of a major port; (g)\t“prescribed” means prescribed by rules made under this Ordinance; and (h) \t“unauthorised occupant” means a person who is in occupation of any land or building without the permission of the Port Authority, and includes- (i) \ta person inducted into any land or building by the original lessee of such land or building; and (ii)\ta person who remains in occupation of any land or building after the determination of the lease in respect of such land or building.",
"name": "Definitions",
"related_acts": "48,89",
"section_id": 2
},
{
"act_id": 322,
"details": "3. (1) If, on the expiry, whether before or after the commencement of this Ordinance, of the period of any lease in respect of any land or building of which a Port Authority is the lessor, or on the determination of such lease on the ground of breach of any covenant or in pursuance of a condition in the lease imposing any obligation on the lessee to give up possession of the demised land or building in the event of such land or building being required for the purposes of a Port Authority, the lessee refused or failed, or refuses or fails, to vacate and deliver vacant possession of such land or building to the Port Authority, then, notwithstanding anything contained in any other law for the time being in force or in any contract, such Port Authority may, by notice in writing, require such lessee to vacate and deliver vacant possession of such land or building, and to remove structures, if any, erected or built thereon by him, within such time as may be specified in the notice. (2) If the Port Authority is satisfied, after making such enquiry as it may think fit, that a person is an unauthorised occupant of any land or building, it may, by notice in writing, require such person to vacate such land or building, and deliver vacant possession thereof to it, and to remove structures, if any, erected or built thereon by him, within such time as may be specified in the notice. (3) If any person to whom a notice is issued under sub-section (1) or sub-section (2) - (a)\tfails to comply with the notice, the Port Authority shall make a complaint in writing to that effect to the Authorised Officer; or (b)\tvacates the land or building, but does not remove the structures thereon, the Port Authority may take possession of such land or building and demolish such structures.",
"name": "Eviction of out-going lessees and unauthorised occupants from land",
"related_acts": "",
"section_id": 3
},
{
"act_id": 322,
"details": "4. (1) Upon receipt of complaint under section 3, the Authorised Officer shall forthwith issue notice to the person against whom the complaint has been made calling upon him to show cause why he should not be evicted from the land or building occupied by him, and after giving such person an opportunity of being heard, and if necessary, after making such further enquiry as he may think fit, the Authorised Officer, shall, by an order in writing, either- (a) \tpermit such person to continue in occupation of the land or building, subject to such conditions as may be specified in the order; or (b)\tdirect such person to vacate and deliver to the Port Authority vacant possession of the land or building, and to remove structures, if any, erected or built thereon by him, within the period specified in the order. (2) If any person fails to comply with a direction under clause (b) of sub-section (1), the Authorised Officer may, notwithstanding anything contained in any other law for the time being in force, but subject to any order on appeal under section 5, enter upon the land or building to which the direction relates, and evict such person by such force as he may consider necessary, and demolish any or all of the said structures. (3) No person shall be evicted under sub-section (2) between sunset and sunrise.",
"name": "Proceedings before Authorised Officer",
"related_acts": "",
"section_id": 4
},
{
"act_id": 322,
"details": "5. (1) Any person aggrieved by an order under sub-section (1) of section 4 may, within fifteen days from the date of such order, appeal, in such manner and on payment of such fee as may be prescribed, to the District Magistrate, or an Additional District Magistrate who may, pending the disposal of such appeal, make such orders as he thinks fit. (2) The decision of the District Magistrate or an Additional District Magistrate on an appeal under sub-section (1) shall be final and shall not be called in question in any Court or by any authority.",
"name": "Appeal",
"related_acts": "",
"section_id": 5
},
{
"act_id": 322,
"details": "6. A notice or an order under section 3 or section 4 shall be served in such manner as may be prescribed.",
"name": "Service of notice and order",
"related_acts": "",
"section_id": 6
},
{
"act_id": 322,
"details": "7. (1) The cost of demolition of structures under section 3 or section 4, hereafter in this section referred to as the cost, shall be payable to the Port Authority by the lessee or unauthorised occupant evicted . (2) If the cost is not paid on demand, the Authorised Officer may, on an application made in this behalf by the Port Authority, and after giving the lessee or the unauthorised occupant an opportunity of being heard, cause the materials of the structures demolished to be sold in auction in such manner as may be prescribed. (3) If the proceeds of the sale under sub-section (2) are not sufficient to cover the cost, the balance shall be recoverable as arrears of land revenue and, if such proceeds exceed the cost, the excess shall be paid to the lessee or the unauthorised occupant.",
"name": "Recovery of cost of demolition of structures",
"related_acts": "",
"section_id": 7
},
{
"act_id": 322,
"details": "8. If any rent payable in respect of any land or building has been in arrears on the day of recovery of possession of such land or building, the amount due on account of such arrears, with interest, if any, accrued thereon, shall be recoverable as arrears of land revenue.",
"name": "Recovery of arrears of rent",
"related_acts": "",
"section_id": 8
},
{
"act_id": 322,
"details": "9. Save as provided by this Ordinance no Court shall question anything done under this Ordinance by or at the instance of a Port Authority, or to grant an injunction, or to make any other order, in relation to any notice or complaint issued or made by a Port Authority under this Ordinance, or in relation to any proceedings before an Authorised Officer.",
"name": "Jurisdiction of Courts barred",
"related_acts": "",
"section_id": 9
},
{
"act_id": 322,
"details": "10. No suit, prosecution or other legal proceeding shall lie against a Port Authority or any person in respect of anything which is in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 10
},
{
"act_id": 322,
"details": "11. A Port Authority may, with the previous approval in writing of the Government, make rules for carrying out the purposes of this Ordinance.",
"name": "Rules",
"related_acts": "",
"section_id": 11
}
],
"text": "An Ordinance to provide for the speedy recovery of possession of certain lands and buildings. 1♣ WHEREAS it is expedient to provide for the speedy recovery of possession from unauthorised occupants of lands or buildings belonging to Port Authorities within the limits of major ports, and for matters ancillary thereto; 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": 323,
"lower_text": [
"1 The word “Bangladesh” was substituted for the words “East Pakistan” by Article 3 and the Schedule of the Bangladesh Industrial Development Corporation Order, 1972 (President’s Order No. 39 of 1972)",
"2 Sub-sections (1) and (2) were substituted by Article 3 and the Schedule of the Bangladesh Industrial Development Corporation Order, 1972 (President’s Order No. 39 of 1972)",
"3 Clause (c) was substituted by Article 3 and the Schedule of the Bangladesh Industrial Development Corporation Order, 1972 (President’s Order No. 39 of 1972).",
"4 Clause (e) was substituted by Article 3 and the Schedule of the Bangladesh Industrial Development Corporation Order, 1972 (President’s Order No. 39 of 1972).",
"5 The word “Bangladesh” was substituted for the words “East Pakistan” by Article 3 and the Schedule of the Bangladesh Industrial Development Corporation Order, 1972 (President’s Order No. 39 of 1972)",
"6 The words “Bangladesh Industrial Development Corporation” were substituted for the words and comma “Industrial Development Corporation, East Pakistan” by Article 3 and the Schedule of the Bangladesh Industrial Development Corporation Order, 1972 (President’s Order No. 39 of 1972)",
"7 The word “Bangladesh” was substituted for the word “Pakistan” by Article 3 and the Schedule of the Bangladesh Industrial Development Corporation Order, 1972 (President’s Order No. 39 of 1972)",
"8 The word “Central” was omitted by Article 3 and the Schedule of the Bangladesh Industrial Development Corporation Order, 1972 (President’s Order No. 39 of 1972)",
"9 The word “Central” was omitted by Article 3 and the Schedule of the Bangladesh Industrial Development Corporation Order, 1972 (President’s Order No. 39 of 1972)",
"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 Industrial Development Corporation Ordinance, 1962",
"num_of_sections": 26,
"published_date": "4th June, 1962",
"related_act": [
384,
323,
388,
47,
306
],
"repelled": false,
"sections": [
{
"act_id": 323,
"details": "1. 2(1) This Ordinance may be called the Industrial Development Corporation Ordinance, 1962. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "323",
"section_id": 1
},
{
"act_id": 323,
"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“Chairman” means the Chairman of the Corporation; 3(c) \t“Corporation” means the Bangladesh Industrial Development Corporation; (d) \t“Director” means the Director of the Corporation; 4(e) \t“Government” means the Government of the People's Republic of Bangladesh; (f) \t“Minerals” means all minerals excluding minerals necessary for the generation of nuclear energy and mineral oil and natural gas; (g) \t“prescribed” means prescribed by rules or regulations; (h)\t“regulations” means regulations made under this Ordinance; (i)\t“rules” means rules made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 323,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall establish a corporation to be called the 5Bangladesh Industrial Development Corporation. (2) The Corporation shall be a body corporate by the name of the 6Bangladesh Industrial Development Corporation, having perpetual succession and a common seal with power, subject to the provisions of this Ordinance, to acquire and hold property, both movable and immovable, and shall by the said name sue and be sued. (3) The Head Office of the Corporation shall be at Dacca but the Government may, by notification in the official Gazette, transfer it to such other place as may be specified in such notification. (4) The Corporation shall establish Regional Offices at such places as the Government may direct.",
"name": "Establishment of the Corporation and its offices",
"related_acts": "",
"section_id": 3
},
{
"act_id": 323,
"details": "4. (1) The authorised share capital of the Corporation shall, in the first instance, be one crore of rupees divided into one hundred fully paid up shares of one lakh of rupees each, of which forty-five shares will 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) Nothing in sub-section (1) shall prevent the Corporation from increasing its capital with the previous sanction of the Government.",
"name": "Share Capital",
"related_acts": "",
"section_id": 4
},
{
"act_id": 323,
"details": "5. (1) The general direction and administration of the Corporation and its affairs shall vest in the Board which may exercise all powers and do all acts and things which may be exercised or done by the Corporation in accordance with the provisions of this Ordinance. (2) The Board, in discharging its functions shall act on commercial considerations and shall be guided by such directions as the Government may give it from time to time. (3) If the Board fails to obey any direction as aforesaid, the Government may remove the Directors including the Chairman, and, notwithstanding anything in section 6, appoint persons in their place to be Directors temporarily until fresh Directors are appointed under that section.",
"name": "Management",
"related_acts": "",
"section_id": 5
},
{
"act_id": 323,
"details": "6. (1) The Board shall consist of such number of Directors, not less than three and not more than five, as may be appointed by the Government. (2) 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 under sub-section (5) of section 15 before assuming office as Director; (d) \tsubject to the provisions of section 9, hold office for a term of three years and may be appointed thereafter for a further term or terms of such duration as the Government may, in appointing him thereto, determine; and (e) \treceive such salary and allowances as the Government may determine: Provided that the Government may, in exceptional circumstances where it considers it 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 application of clauses (a) and (c). (3) One of the Directors appointed under sub-section (1) shall be the Financial Director, who shall exercise such powers and discharge such duties as may be prescribed.",
"name": "Appointment and term of office of Directors",
"related_acts": "",
"section_id": 6
},
{
"act_id": 323,
"details": "7. (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, in appointing him thereto, determine.",
"name": "Chairman",
"related_acts": "",
"section_id": 7
},
{
"act_id": 323,
"details": "8. Notwithstanding anything contained in sections 6 and 7, when the Board is first constituted, the Chairman and Directors, shall hold office for such term, not exceeding three years, as may be determined by the Government: Provided that such Chairman and Directors may be appointed to hold that office for a further term or terms as the Government may, in appointing him thereto, determine.",
"name": "Tenure of the Chairman and Directors",
"related_acts": "",
"section_id": 8
},
{
"act_id": 323,
"details": "9. (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 a 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 7Bangladesh; 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 Ordinance; 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 a Director. (3) Notwithstanding anything contained in this Ordinance, the Chairman or a Director may, at any time before the expiry of his term, upon three months' notice, resign his office, or upon similar notice, be removed from office by the Government without assigning any reason. (4) A Government servant serving as Chairman or a Director of the Corporation shall automatically cease to be the Chairman or a Director, as the case may be, on his transfer from the Corporation.",
"name": "Disqualification of Directors",
"related_acts": "",
"section_id": 9
},
{
"act_id": 323,
"details": "10. (1) The Corporation may, subject to such general or special orders as the Government may give it from time to time and subject to such rules as may be made in this behalf, appoint such officers, advisers and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may see fit. (2) Notwithstanding anything contained in sub-section (1), the Corporation shall, subject to the provisions of sub-sections (3) and (4), appoint such officers and advisers and employees of the Central Corporation as may be transferred to it under the Industrial Corporations (Dissolution) Ordinance, 1962. (3) Subject to the provisions of the Industrial Corporations (Dissolution) Ordinance, 1962, and any direction received thereunder, the terms and conditions of employment of such officers, advisers and employees, as are referred to in sub-section (2), shall be such as may be determined by the Government: Provided that the Government may direct that, until the terms and conditions have been so determined by it or for such period as it may specify, any such person shall be employed by the Corporation on the same terms and conditions on which he was employed by the Central Corporation concerned. (4) Notwithstanding anything contained in the foregoing sub-sections, the Government may direct the Corporation to dispense with the services of any such officers, advisers and employees as are referred to in sub-sections (2) and (3) and in that event the Corporation shall dispense with the services of such persons in the same manner and subject to the same conditions under which their services could be dispensed with by the Central Corporation concerned. Explanation.- In this section “Central Corporation” has the same meaning as in the Industrial Corporations (Dissolution) Ordinance, 1962.",
"name": "Appointment of officers",
"related_acts": "",
"section_id": 10
},
{
"act_id": 323,
"details": "11. Every Director, adviser, officer or other employee of the Corporation, before entering upon his duties, shall make such declaration of fidelity and secrecy as may be provided by regulations.",
"name": "Declaration of fidelity and secrecy",
"related_acts": "",
"section_id": 11
},
{
"act_id": 323,
"details": "12. (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 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. (2) The quorum necessary for transacting business at a meeting of the Board shall be three if the Board consists of five Directors and two if the number is less. (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) 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 constitution of, the Board. (6) 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 by any Director.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 12
},
{
"act_id": 323,
"details": "13. (1) If the Government so directs in any case, the Chairman shall forward to it copies of all papers which were laid before the Board for consideration at a meeting. (2) 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 Corporation; or (b) \ta report on any such matter; or (c) \ta copy of any document in the charge of the Chairman. (3) The Chairman shall comply with any such requisition under sub-section (2) without undue delay.",
"name": "Forwarding of statements, etc., to the Government",
"related_acts": "",
"section_id": 13
},
{
"act_id": 323,
"details": "14. Subject to the provisions of sub-section (3) of section 6, the Corporation may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman or such Director or officer as may be specified therein.",
"name": "Delegation of Powers",
"related_acts": "",
"section_id": 14
},
{
"act_id": 323,
"details": "15. (1) The Corporation shall take over and be responsible for such business, projects, undertakings and properties, powers, rights, duties and liabilities as may be transferred to it under the Industrial Corporations (Dissolution) Ordinance, 1962. (2) The Corporation shall be responsible for- (a)\tplanning, promoting, organising and implementing programmes for the establishment of industries listed in the Schedule and for the exploitation of forests and fisheries; (b)\tthe exploration, exploitation and development of minerals and mines thereof; and (c) \tthe exploration, exploitation and development of any material which the 8* * * Government may entrust to it subject to such conditions as the 9* * * Government may specify. Explanation.- In clause (a) “planning” includes studies, surveys, experiments and scientific and technical investigation. (3) Notwithstanding anything contained in sub-sections (1) and (2), the Corporation shall perform such other duties and functions as the Government may, from time to time, assign to the Corporation. (4) The Corporation shall, in order to carry out any functions under sub-section (1) or clause (a) or clause (b) of sub-section (2) or sub-section (3),- (a)\tsubmit, for the approval of the Government, proposals or schemes; and (b)\tproceed to give effect to any proposal or scheme as approved by the Government. (5) The Corporation may, and, where the Government so directs, shall, for the purpose of giving effect to any proposal or scheme approved by Government, sponsor limited companies independent of each other or subsidiary companies incorporated under the Companies Act, 1913 (VII of 1913): Provided that before sponsoring any such company, the Corporation shall obtain the approval of the Government to the company's capital structure. (6) 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 person. (7) Nothing contained in section 87A of the Companies Act, 1913 (VII of 1913), shall apply to the Corporation. (8) The Corporation shall be represented on the Board of Directors of the aforesaid companies. (9) The Corporation may issue the capital required for the aforesaid companies for public subscription and, if any portion thereof remains unsubscribed after the expiry of the closing date for public subscription, subscribe on behalf of the Government that portion. (10) The Corporation may underwrite the whole or any portion of the capital issued under sub-section (9). (11) The Corporation shall, when it considers the time opportune, sell or transfer the shares subscribed for by it under sub-section (9): 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.",
"name": "Business which the Corporation shall transact",
"related_acts": "",
"section_id": 15
},
{
"act_id": 323,
"details": "16. The Corporation shall, by such date in each year as may be prescribed by rules, submit to the Government for approval a statement, to be called the Annual Budget Statement, in the prescribed form for every financial year showing the estimated receipts and expenditure and sums which are likely to be required from the Government during that financial year.",
"name": "Annual Budget Statement",
"related_acts": "",
"section_id": 16
},
{
"act_id": 323,
"details": "17. (1) All moneys at the credit of the Corporation shall be kept- (a)\tin places where there is a Government treasury, or sub-treasury or a bank to which the Government treasury business has been made over, in such treasury, sub-treasury or bank; and (b) \tin other places, with such banks as may be approved by the Government. (2) Nothing in sub-section (1) shall be deemed to preclude the Corporation from investing any such moneys which are not required for immediate expenditure in any of the securities described in section 20 of the Trusts Act, 1882 (II of 1882), or placing them in fixed deposit with a bank approved by Government, or in such other manner as may be approved by the Government.",
"name": "Custody and investment of Corporation Funds",
"related_acts": "47",
"section_id": 17
},
{
"act_id": 323,
"details": "18. The Corporation shall maintain proper accounts and other relevant records and prepare annual statement of accounts, including the profit and loss account and balance-sheet, in accordance with such general directions as may be issued, and in such form as may be specified, by Government in consultation with the Comptroller and Auditor General, hereinafter referred to as the Auditor General.",
"name": "Maintenance of accounts",
"related_acts": "",
"section_id": 18
},
{
"act_id": 323,
"details": "19. (1) The accounts of the Corporation shall be audited by auditors who shall be chartered accountants within the meaning of the Chartered Accountants Ordinance, 1961, and appointed with the approval of the Government by the Corporation on such remuneration as it may think fit, and such remuneration shall be paid by the Corporation. (2) Notwithstanding the audit provided for in sub-section (1), the Auditor General shall audit or cause to be audited the accounts of the Corporation. (3) The Auditor General shall also hold, or cause to be held, a test audit of the undertakings wholly owned by the Corporation and of the Companies of which the Corporation is the Managing Agents, and in the event of a test audit disclosing irregularities, the Auditor General may carry out, or cause to be carried out, such further audit as he considers necessary. (4) The Corporation and every such undertaking and company as is referred to in sub-section (3) shall produce the accounts, books and connected documents, at the place where they are normally expected to be available, and furnish such explanations and information as the Auditor General or any officer authorised by him in this behalf may require at the time of the audit. (5) The Auditor General shall, in holding the audit, keep in view the provisions of sub-section (2) of section 5 and state in his report how far in his opinion these provisions have been complied with.",
"name": "Audit",
"related_acts": "306",
"section_id": 19
},
{
"act_id": 323,
"details": "20. 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": 20
},
{
"act_id": 323,
"details": "21. (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, adviser or employee 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": 21
},
{
"act_id": 323,
"details": "22. The Chairman, Directors, officers, adviser or employee of the Corporation shall, while acting or purporting to act in pursuance of the provisions of this Ordinance, or the rules or regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the 10* * * Penal Code (XLV of 1860).",
"name": "Public servants",
"related_acts": "",
"section_id": 22
},
{
"act_id": 323,
"details": "23. (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 powers, such rules may provide for- (a)\tthe relinquishment of managing agency in favour of any person; (b)\tthe manner of keeping accounts of the Corporation and the companies managed by it; (c) \tthe recruitment of officers, advisers and employees of the Corporations; (d) \tthe terms and conditions of service of the officers, advisers and employees of the Corporation, including the functions of the advisers; (e) \tthe borrowings by the Corporation; (f) \tthe purchase and sale of goods by the Corporation; (g) \tthe date by which and the form in which, the annual budget statement shall be submitted in each year; (h)\tthe procedure for appropriation and re-appropriation of moneys at the credit of the Corporation; (i) \tthe form and manner in which and the authorities to whom returns, reports or statements shall be submitted; and (j) \tsuch other matters relating to the administration of the affairs of the Corporation as the Government may think fit to regulate by rules.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 23
},
{
"act_id": 323,
"details": "24. (1) The Board may, with the previous sanction of the Government, make regulations to provide for all matters, not provided for in the rules for which provision is necessary or expedient for carrying out the purposes of this Ordinance and the said rules. (2) In particular and without prejudice to the generality of the foregoing powers, such regulations may provide for the- (a) \tmeetings of the Board; (b) \tinvestment of the Corporation's funds; and (c) \tsale or transfer of shares under sub-section (11) of section 15.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 24
},
{
"act_id": 323,
"details": "25. The Government may, from time to time, by notification in the official Gazette, amend the Schedule so as to include therein or exclude therefrom any industry or vary the description of any industry included therein.",
"name": "Power to amend the Schedule",
"related_acts": "",
"section_id": 25
},
{
"act_id": 323,
"details": "26. No provision of law relating to the winding up of companies and corporations shall apply to the Corporation and the Corporation shall not be wound up except by order of the Government and in such manner as it may direct.",
"name": "Winding up of the Corporation",
"related_acts": "",
"section_id": 26
}
],
"text": "An Ordinance to establish an Industrial Development Corporation for 1Bangladesh. WHEREAS it is expedient to provide for the establishment of an Industrial Development Corporation for the purpose of promoting the economic and industrial development of Bangladesh and for matters ancillary thereto; 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": 324,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted for the words “Pakistan” and “Provincial Government” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words, comma, figures and brackets “Medical and Dental Council Act, 1980 (XVI of 1980)” were substituted for the words, comma, figures and brackets “Medical Council’s Ordinance, 1962 (XXXII of 1962)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The words, comma, figures and brackets “Medical and Dental Council Act, 1980 (XVI of 1980)” were substituted for the words, comma, figures and brackets “Medical Council’s Ordinance, 1962 (XXXII of 1962)” 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 “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 “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 Allopathic System (Prevention of Misuse) Ordinance, 1962",
"num_of_sections": 11,
"published_date": "7th June, 1962",
"related_act": [
324,
75,
430,
600,
188
],
"repelled": false,
"sections": [
{
"act_id": 324,
"details": "1. (1) This Ordinance may be called the Allopathic System (Prevention of Misuse) Ordinance, 1962. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "324",
"section_id": 1
},
{
"act_id": 324,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context, “registered medical practitioner” means a person registered under the 2Medical and Dental Council Act, 1980 (XVI of 1980).",
"name": "Definition",
"related_acts": "600",
"section_id": 2
},
{
"act_id": 324,
"details": "3. No person practising the allopathic, homoeopathic, ayurvedic, unani or any other system of medicine shall use with his name or address or with the name or address of his business the word “doctor” or any of its grammatical variations, cognate expressions or abbreviations so as to give out that he is entitled to practise medicine unless he is a registered medical practitioner: Provided that nothing in this section shall apply to a person on whom a Doctor's degree other than medical degree has been conferred by any university in or outside Bangladesh.",
"name": "Prohibition of the use of the word “doctor” and its variations, etc.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 324,
"details": "4. No person shall use a medical degree or a medical diploma to give out that he is a qualified medical practitioner or for any purpose connected with medical practice, unless such degree or diploma has been conferred or awarded by a university or institution in or outside Bangladesh recognised under the 3Medical and Dental Council Act, 1980 (XVI of 1980).",
"name": "Prohibition of the use of medical degrees or diplomas",
"related_acts": "600",
"section_id": 4
},
{
"act_id": 324,
"details": "5. No person other than a registered medical practitioner shall perform any surgical operation other than circumcision, incision of boils and administration of injections.",
"name": "Prohibition of performing surgical operations by unqualified persons",
"related_acts": "",
"section_id": 5
},
{
"act_id": 324,
"details": "6. No person other than a registered medical practitioner or a person authorised in this behalf by the Government shall prescribe any antibiotic or dangerous drug specified in the rules made under this Ordinance.",
"name": "Prohibition for prescribing certain drugs",
"related_acts": "",
"section_id": 6
},
{
"act_id": 324,
"details": "7. No person shall sell in the market any patent or proprietory medicine of the unani, ayurvedic, homoeopathic or biochemic system of medicine unless there is displayed, in a conspicuous and readily intelligible manner, on the label or container thereof and also on the outer cover of the container (other than ordinary wrapper) the true formula of the medicine contained in it.",
"name": "Restriction on the sale of patent and proprietory medicines",
"related_acts": "",
"section_id": 7
},
{
"act_id": 324,
"details": "8. The 4Government may make rules for carrying out the purposes of this Ordinance.",
"name": "Rule-making powers of the Government",
"related_acts": "",
"section_id": 8
},
{
"act_id": 324,
"details": "9. Whoever contravenes the provisions of section 3 or section 4 or section 5 or section 6 or section 7 shall be punishable with imprisonment which may extend to one year or with fine not exceeding two thousand 5taka, or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 9
},
{
"act_id": 324,
"details": "10. (1) No prosecution shall be instituted under this Ordinance except by an Inspector appointed under the Drugs Act, 1940, or by a person specially empowered by the Government in this behalf. (2) No Court inferior to that of a Magistrate of the first class shall try an offence punishable under this Ordinance and notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for such Magistrate to pass any sentence of fine to the extent provided for by this Ordinance in excess of his powers under the said section 32.",
"name": "Jurisdiction",
"related_acts": "188,75",
"section_id": 10
},
{
"act_id": 324,
"details": "11. No suit or proceeding shall lie against any Inspector or person acting in good faith under section 10 of this Ordinance.",
"name": "Protection",
"related_acts": "",
"section_id": 11
}
],
"text": "An Ordinance to prevent the misuse of the allopathic system of medicine and to provide for matters connected therewith.1♣ WHEREAS it is expedient to prevent the misuse of the allopathic system of medicine and to provide for matters connected therewith; 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": 325,
"lower_text": [
"1 Throughout this Ordinance, the word “Bangladesh” was substituted for the word “Pakistan”, and the word “Central” was omitted by section 2 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"2 Clause (a) was omitted by section 3 of the Jute (Amendment) Act, 1974 (Act No. XLIX of 1974)",
"3 Clause (c) was substituted by section 4 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"4 Clause (e) was omitted by section 4 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"5 The words “or any other device” were inserted by section 4 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"6 The words “One hundred and fifty kilograms” were substituted for the words “four maunds” by section 2 of The Jute (Amendment) Act, 2009 (Act No. LXII of 2009).",
"7 Clauses (m) and (n) were omitted by section 4 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"8 Clause (o) was substituted by section 4 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"9 The words and figures “weighing 182.25 kilograms including 2.25 kilograms binding ropes of same quality jute” were substituted for the words and figures “weighing 150 kilograms including 2.25 kilograms binding ropes of same quality jute” by section 2 of the Jute (Amendment) Act, 2010.",
"10 Section 4 was substituted by section 5 of the Jute (Amendment) Act, 1974 (Act No. XLIX of 1974)",
"11 The words “traders and owners of kutcha and pucca presses” were substituted for the words “dealers and to occupiers of godowns and of kutcha and pucca presses and to jute mills” by section 5 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"12 The words “business in jute and jute manufacture” were substituted for the words “business in jute” by section 6 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"13 The second proviso was omitted by section 6 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"14 The words “traders and owners of ” were substituted for the words “dealers and occupiers of jute mills, godowns and” by section 5 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"15 Section 8A was inserted by section 4 of the Jute (Amendment) Ordinance, 1963 (Ordinance No. VII of 1963)",
"16 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 commas “sub-section (1) of section 23 of the Land Acquisition Act, 1894,” by section 7 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"17 The word “trader” was substituted for the word “dealer” by section 8 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"18 The word “traders” was substituted for the word “dealers” by section 8 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"19 Section 13A was inserted by section 5 of the Jute (Amendment) Ordinance, 1963 (Ordinance No. VII of 1963)",
"20 The word “trader” was substituted for the word “dealer” by section 9 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"21 The word “traders” was substituted for the word “dealers” by section 9 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"22 The word “trader” was substituted for the word “dealer” by section 9 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"23 The word “traders” was substituted for the word “dealers” by section 9 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"24 The words “or the Provincial Government” were omitted by section 10 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"25 The words “or a Provincial Government” were omitted by section 10 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983)",
"26 Section 14A was inserted by section 7 of the Jute (Amendment) Ordinance, 1963 (Ordinance No. VII of 1963)",
"27 Section 16 was substituted by section 8 of the Jute (Amendment) Act, 1974 (Act No. XLIX of 1974)",
"28 The words “or the Board” were omitted by section 9 of the Jute (Amendment) Act, 1974 (Act No. XLIX of 1974)",
"29 The words “or the Board” were omitted by section 9 of the Jute (Amendment) Act, 1974 (Act No. XLIX of 1974)",
"30 Section 20A was inserted by section 9 of the Jute (Amendment) Ordinance, 1963 (Ordinance No. VII of 1963)",
"31 The words “the Board or” were omitted by section 10 of the Jute (Amendment) Act, 1974 (Act No. XLIX of 1974)",
"32 The words “or the Board” were omitted by section 10 of the Jute (Amendment) Act, 1974 (Act No. XLIX of 1974)",
"33 Sub-section (2) was substituted by section 10 of the Jute (Amendment) Act, 1974 (Act No. XLIX of 1974)"
],
"name": "The Jute Ordinance, 1962",
"num_of_sections": 29,
"published_date": "10th September, 1962",
"related_act": [
24,
75,
619,
325
],
"repelled": true,
"sections": [
{
"act_id": 325,
"details": "1. (1) This Ordinance may be called the Jute Ordinance, 1962. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "325",
"section_id": 1
},
{
"act_id": 325,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- 2* * * (b)\t“contract” means a contract for the sale of jute or jute manufactures to any person in or outside Bangladesh; 3(c)\t“trader” means any person who purchases, or negotiates for the purchase of, or sells, or undertakes the grading or baling or spinning, or manufacturing of, jute or jute manufactures but does not include a grower of jute selling his own produce; (d)\t“exporter” means a shipper or a person who exports jute or jute manufactures from Bangladesh; 4* * * (f)\t“grower of jute” means any person who, either by himself or by members of his family or by hired labourers or by adhiars or borgadars grows jute in any year on any land in his possession; (g)\t“jute” means the fibre of jute plant known botanically as belonging to the genus corchorus, including all the species of that genus, whether known as pat, kosta, nalia or by any other name, and also means the fibre of the plant known botanically as hibiscus cannabinus and commonly called mesta, and includes any jute fibre which has not been subjected to any process of spinning or weaving, and jute cuttings, whether loose or packed in drums or bales; (h)\t“jute manufacture” means hessian, gunnies, twine, yarn, matting and any other article manufactured wholly or mainly from jute; (i)\t“jute mill” means a machine by which jute goods of any description such as twine, sacking, hessian, ropes, gunny cloth and the like can be manufactured; (j)\t“kutcha press” means a pressing machine, driven by manual labour or by power, 5or any other device by which jute is packed in bales known as “kutcha bales” generally weighing up to 6One hundred and fifty kilogramseach and generally meant for consumption within Bangladesh; (k)\t“licensing” means the grant or renewal of a licence under this Ordinance; (l)\t“notified order” means an order published in the official Gazette; 7* * * 8(o)\t“Owner of a press” means the person who owns a jute press, and including a managing agent to whom the affairs of a jute press are entrusted, but does not include a person to whom a jute press has been leased on rental basis; (p)\t“prescribed” means prescribed by rules made under this Ordinance; (q)\t“pucca press” means a pressing machine, driven by power by which jute is packed in bales generally 9weighing 182.25 kilograms including 2.25 kilograms binding ropes of same quality juteeach and meant for export, and includes a pressing machine known as semi-pucca press.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 325,
"details": "3. Constitution of the Board.- Omitted by section 4 of the Jute (Amendment) Act, 1974 (Act No. XLIX of 1974).",
"name": "Omitted.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 325,
"details": "104. The Government may- (a)\tlay down and execute the policy relating to internal and international trade in jute and jute manufactures; (b)\tsupervise and regulate dealings in jute and jute manufactures; (c)\tassist in making arrangements for the transport and shipment of jute and jute manufactures within the country and to foreign countries; (d) \tissue licences to 11traders and owners of kutcha and pucca presses and renew and, if necessary, suspend or cancel, such licences; (e) \tcollect and publish statistics relating to the production and export of jute and jute manufactures; (f) \tundertake such business or acquire, take over or manage the business of such concern as it may direct; (g)\tprovide for- (i)\tquality standards and the grading of jute and jute manufactures, (ii) \tmeasures for any programme of price stabilisation, buffer stock operations or State trading, and (iii)\tthe settlement of claims of, or against, the Government arising out of any price stabilisation or support scheme, buffer stock operations or scheme of State trading in jute.",
"name": "Powers of Government relating to jute trade",
"related_acts": "",
"section_id": 4
},
{
"act_id": 325,
"details": "5. Control of the Board.- Omitted by section 6 of the Jute (Amendment) Act, 1974 (Act No. XLIX of 1974).",
"name": "Omitted.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 325,
"details": "6. (1) No person shall, after the commencement of this Ordinance, carry on 12business in jute and jute manufactures in any manner or form, unless he is licensed under this Ordinance: Provided that it shall not be necessary for any grower of jute to obtain any licence for selling jute grown by him: 13* * * (2) All 14traders and owners of kutcha or pucca presses shall be licensed within such period and by such authority as may be prescribed. (3) Licences granted under this Ordinance may be for such type of business or for such area as may be specified therein. (4) Licences granted under this Ordinance may be on such conditions as may be prescribed. (5) Licences granted under this Ordinance shall be personal and non-transferable. (6) Licences granted under this Ordinance shall be valid up to the end of the financial year to which they relate and be renewed annually within such period as may be prescribed. (7) There shall be paid to the Government a prescribed fee for every licence or renewal thereof. (8) A licence granted or renewed under this section may be suspended or cancelled by the prescribed authority,- (a) \tfor any contravention of any of the provisions of this Ordinance or the rules made thereunder, or (b)\tfor breach of the conditions subject to which the licence was granted, or (c)\tif the holder of the licence has ceased to carry on the business or has sold or otherwise transferred his interest in the business in respect of which the licence was granted, or (d)\tfor contravening or failing to comply with any law relating to internal trade, export or foreign exchange control, or (e)\tfor obtaining or attempting to obtain any such licence by fraud, or (f)\tfor non-payment of any prescribed fees, or (g)\tfor committing any practice relating to trade, commerce and industry which, in the opinion of the Government, is detrimental to the public interest, or (h)\tfor committing breach of any order made under this Ordinance regarding quality, standard, prices, charges or commissions. (9) The holder of a licence shall not be entitled to any compensation for any loss or damage suffered by him as a result of the suspension or cancellation of his licence.",
"name": "Licensing",
"related_acts": "",
"section_id": 6
},
{
"act_id": 325,
"details": "7. (1) Any person aggrieved by an order under section 6 may appeal to the prescribed authority within thirty days from the date of issue of such order. (2) An appeal under sub-section (1) shall be presented in such manner and shall be accompanied by such fee as may be prescribed.",
"name": "Appeal",
"related_acts": "",
"section_id": 7
},
{
"act_id": 325,
"details": "8. (1) The Government may, by notified order, fix minimum prices below which, and maximum prices above which, jute or jute manufactures of various grades shall not be sold or purchased, and such prices may be fixed generally in respect of all areas or persons or differentially in respect of particular areas or classes of persons. (2) No person shall buy or sell or offer to buy or sell jute or jute manufactures at any price below the minimum or above the maximum fixed under sub-section (1).",
"name": "Fixation of prices",
"related_acts": "",
"section_id": 8
},
{
"act_id": 325,
"details": "158A. The Government may, by notified order, fix the maximum rates of charges for baling or storing, or of the commission of the brokers; and different rates may be fixed for different areas or for different classes of dealers.",
"name": "Fixation of baling charges, etc.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 325,
"details": "9. The Government may appoint agents and brokers on such terms, if any, as it may think fit, to purchase, store or sell jute on behalf of the Government and may prescribe the powers and responsibilities of such agents and brokers.",
"name": "Agents and brokers",
"related_acts": "",
"section_id": 10
},
{
"act_id": 325,
"details": "10. (1) The Government, may, by order in writing, requisition any kutcha or pucca press, any godown or any place, open or enclosed, and use the same, or allot it to any person for baling, selling or storing jute or for any other purpose incidental to the administration of this Ordinance whether such jute has been purchased by or on behalf of the Government or not. (2) If any such press, godown or place is requisitioned under this section, there shall be paid compensation which shall be determined either with the agreement of the parties concerned or by an arbitrator chosen with their consent, and in the absence of such consent, by an arbitrator to be appointed in accordance with the provisions of the Arbitration Act, 1940. (3) In determining the compensation under sub-section (2) the arbitrator shall have regard to the provisions of 16sub-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 acquisition of a temporary nature.",
"name": "Requisition of presses, godowns, etc.",
"related_acts": "619",
"section_id": 11
},
{
"act_id": 325,
"details": "11. (1) The Government may, by notified order, levy and collect, for the purpose of this Ordinance, a cess on all or any grades of jute produced in Bangladesh, at such rate or rates as may be specified in the order: Provided that the cess shall not be levied on, or collected from, growers of jute. (2) The proceeds of the cess, after deducting the cost of collection, if any, shall be credited to a special fund to be called the Price Stabilisation Fund and shall be applied for meeting the expenses of any support schemes or buffer stock operations undertaken by the Government for the stabilisation of the prices of raw jute.",
"name": "Levy of jute cess",
"related_acts": "",
"section_id": 12
},
{
"act_id": 325,
"details": "12. The Government may, by general or special order in writing, require any contract or class of contracts 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": 13
},
{
"act_id": 325,
"details": "13. The Government may, by general or special order in writing, direct any exporter, manufacturer or 17trader or class of exporters, manufacturers or 18traders not to transport, store, buy, sell, use or otherwise dispose of any jute or jute manufactures or jute or jute manufactures of any specified description except in accordance with such conditions as may be specified in the order.",
"name": "Power to prohibit sale, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 325,
"details": "1913A. (1) The Government may, by general or special order in writing, direct any manufacturer or 20trader or class of manufacturers or 21traders, holding stock of jute or jute manufactures, to sell the whole or specified part of his stock to such person or persons as may be specified in the order. (2) The Government may also fix the price at which any stock shall be sold in pursuance of any direction under sub-section (1): Provided that no such price shall be fixed unless an opportunity has been given to the buyer and seller to agree on a price between themselves within a specified period and they have failed to do so. (3) The Government may, by general or special order in writing, direct any manufacturer or 22trader, or class of manufacturers or 23traders, to purchase, during such period or periods and from such area or areas, such quantity of jute, and to hold such minimum stock, as may be specified in the order.",
"name": "Power to direct sale, etc.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 325,
"details": "14. (1) The Government may, at any time, by notified order, direct such person or class of persons as may be specified in the order to maintain such accounts and furnish such returns or other information relating to their production, stocks, sale, purchase or brokery of jute or jute manufactures to the Government or to such officer or authority subordinate to the Government 24* * *, within such period, and giving such particulars, as may be specified. (2) The Government may, by order in writing, require any person to furnish or submit to it or to such person as may be specified in the order, any information, book or document which in the opinion of the Government should be obtained, inspected or examined for the purposes of this Ordinance. (3) The Government may, at any time, by order in writing, direct such person or class of persons as may be specified in the order to furnish in such manner and to such person, such particulars relating to the fulfilment of any contract as may be so specified. (4) The Government may, at any time, by order in writing, authorise an officer of the Government 25* * * or any other person to enter and inspect any premises in which he has reason to believe that the purchase, sale or storage for sale or baling of jute is taking place and to call for any document in connection therewith, and to collect such information as is referred to in sub-sections (1), (2) and (3).",
"name": "Power to call for information, etc.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 325,
"details": "2614A. Any person, authorised in this behalf in writing by the Government, may, if he has reason to believe that a contravention of the provisions of this Ordinance or the rules made thereunder has been committed,- (1)\tseize, with previous sanction in writing of such authority as may be prescribed, licences, vouchers, books of accounts, stocks of jute or jute manufacture, weighment scales, weights and allied equipments in respect of which such contravention is believed to have been committed; and (2)\trequire any person reasonably suspected to being concerned in such contravention to cause his stocks of jute and jute goods or any part thereof to be weighed and, if so directed, to be shifted to such place or places as may be specified.",
"name": "Power to seize books of accounts, stocks, etc.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 325,
"details": "15. If in the opinion of the Government it is expedient or necessary so to do for the purpose of securing fulfilment of any contract on which a default has taken place, it may appropriate to the contract any jute or jute manufactures belonging to the defaulter, or it may buy jute or jute manufactures elsewhere and so appropriate it, and in either or both of such cases the defaulter shall be liable for any loss which the Government may sustain on account of the default, but shall not be entitled to any gain on the purchase made against such default.",
"name": "Powers to secure fulfilment of contract",
"related_acts": "",
"section_id": 18
},
{
"act_id": 325,
"details": "2716. The Government may, by notified order, direct that any power conferred upon it by or under this Ordinance, shall in relation to such matters and subject to such conditions, if any, as may be specified in the order, be exercisable also by such corporation, authority, agency or officer as may be so specified.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 19
},
{
"act_id": 325,
"details": "17. (1) Any person who contravenes or fails to comply with any provision of this Ordinance or any rule, order or direction issued thereunder shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. (2) Any Court trying an offence under this Ordinance may direct that the whole or a part of the jute or jute manufactures in respect of which the Court is satisfied that the offence has been committed shall be forfeited to Government. (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 guarantees or a proprietary or partnership firm, also every member, proprietor or partner, as the case may be, shall, unless he proves that the contravention took place without his knowledge or that he exercised due diligence to prevent such contravention, be punishable as if he had contravened the provisions of this Ordinance.",
"name": "Penalties",
"related_acts": "",
"section_id": 20
},
{
"act_id": 325,
"details": "18. If any person- (i)\twhen required by any order made 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 (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, or (iii)\tmaintains a double set of books, accounts or any other records, in which the entries are not identical, 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": 21
},
{
"act_id": 325,
"details": "19. No suit, prosecution or other legal proceeding shall lie against the Government 28* * * or any official, authority or person acting on behalf of the Government 29* * * in respect of anything in good faith done or intended to be done under this Ordinance or any rule made thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 22
},
{
"act_id": 325,
"details": "3020A. The Government may, by order in writing, exempt, to such extent and subject to such conditions as may be specified therein, any person or class of persons or any kind or kinds of jute or jute manufactures, from the operation of all or any of the provisions of this Ordinance or of any rule or order made thereunder.",
"name": "Power to exempt",
"related_acts": "",
"section_id": 23
},
{
"act_id": 325,
"details": "20. (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 prescribe the form of application and the amount of fee for the grant or renewal of a licence under section 6, the authority which may grant or renew such licences, the form of the licences and the conditions subject to which they may be granted, the authority to which an appeal may be made under section 7, the manner of presentation of appeal to such authority and the amount of fee to be paid for such appeal, and the powers and responsibilities of the agents appointed under section 9. (3) Except in so far as they are repugnant to or inconsistent with the provisions of this Ordinance, the East Bengal Jute Dealers Registration Rules, 1950, made under the East Bengal Jute Dealers Registration Act, 1949, shall be deemed to have been made under this Ordinance, and shall have effect accordingly.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 24
},
{
"act_id": 325,
"details": "21. (1) No Court shall take cognizance of any offence punishable under this Ordinance except on a report in writing of the facts constituting such offence made by 31* * * a person acting on behalf of the Government 32* * *. 33(2) The person acting on behalf of the Government may, instead of making a report of an offence under sub-section (1), compound such offence for such sum of money as may be determined by the person.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 25
},
{
"act_id": 325,
"details": "22. 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 Provincial Government in this behalf to pass a sentence of fine exceeding one thousand rupees on any person convicted under this Ordinance.",
"name": "Special provision regarding fines",
"related_acts": "75",
"section_id": 26
},
{
"act_id": 325,
"details": "23. Where an 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": 27
},
{
"act_id": 325,
"details": "24. Any order made under this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Ordinance or any instrument having effect by virtue of any enactment other than this Ordinance.",
"name": "Effect of orders inconsistent with other enactments",
"related_acts": "",
"section_id": 28
},
{
"act_id": 325,
"details": "25. Repeals and saving.- Omitted by section 11 of the Jute (Amendment) Ordinance, 1983 (Ordinance No. XVI of 1983).",
"name": "Omitted.",
"related_acts": "",
"section_id": 29
}
],
"text": "An Ordinance to consolidate and amend the law relating to trade in Jute and jute manufactures.1♣ WHEREAS it is expedient to consolidate and amend the law relating to trade in jute and jute manufactures in order to provide for measures for the regulation and promotion of internal and international trade therein, for the licensing of traders in jute, jute manufacturers and owners of kutcha and pucca jute presses, for the collection of statistics in respect of the Jute trade and industry, and for the levying of a cess on jute; AND WHEREAS the national interest of Bangladesh in relation to the economic and financial stability of Bangladesh so requires; AND WHEREAS the National Assembly is not in session and the Speaker, acting as President under Article 16 of the Constitution, is satisfied that circumstances exist which render immediate legislation necessary; NOW, THEREFORE, in pursuance of Article 16 of the Constitution and in exercise of the powers conferred by Article 29 of the Constitution read with clause (2) of Article 131 thereof and of all other powers enabling him in that behalf, the Speaker, acting as President, makes and promulgates the following Ordinance:-"
} |
{
"id": 326,
"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 (4A) was inserted by section 3 of the Waqfs (Amendment) Ordinance, 1967 (East Pakistan Ordinance No. II of 1967)",
"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, figures, comma and brackets “and section 14 of the Religious Endowments Act, 1863 (XX of 1863)” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 Clause (11a) was inserted by section 2 of the Waqfs (Amendment) Act, 2013 (Act No. XVIII of 2013).",
"6 Section 6A was inserted by section 3 of the Waqfs (Amendment) Act, 2013 (Act No. XVIII of 2013).",
"7 The words “for Bangladesh” were substituted for the words “for the Province of East Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 Section 31A was inserted by section 4 of the Waqfs (Amendment) Act, 2013 (Act No. XVIII of 2013).",
"9 The word “beneficiary” was substituted for the word “person” by section 5 of the Waqfs (Amendment) Act, 2013 (Act No. XVIII of 2013).",
"10 The words “High Court Division” were substituted for the words “High Court” by Article 7(1)(a) of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972) as amended by the Bangladesh Adaptation of Existing Laws (Amendment) Order, 1972 (President’s Order No. 150 of 1972)",
"11 The words “High Court Division” were substituted for the words “High Court” by Article 7(1)(a) of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972) as amended by the Bangladesh Adaptation of Existing Laws (Amendment) Order, 1972 (President’s Order No. 150 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)",
"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 word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"16 Section 57A was inserted by section 6 of the Waqfs (Amendment) Act, 2013 (Act No. XVIII of 2013).",
"17 The words “twenty thousand” were substituted for the words “two thousand” by section 7(a) of the Waqfs (Amendment) Act, 2013 (Act No. XVIII of 2013).",
"18 The words “twenty thousand” were substituted for the words “two thousand” by section 7(a) of the Waqfs (Amendment) Act, 2013 (Act No. XVIII of 2013).",
"19 The words “twenty thousand” were substituted for the words “two thousand” by section 7(b) of the Waqfs (Amendment) Act, 2013 (Act No. XVIII of 2013).",
"20 The words “twenty thousand” were substituted for the words “two thousand” by section 8 of the Waqfs (Amendment) Act, 2013 (Act No. XVIII of 2013).",
"21 Section 69A was inserted by section 9 of the Waqfs (Amendment) Act, 2013 (Act No. XVIII of 2013).",
"22 The word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"23 The figure and comma “10,000” was substituted for the figure “300” by section 10 of the Waqfs (Amendment) Act, 2013 (Act No. XVIII of 2013).",
"24 The word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"25 The word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"26 The words, comma, figures and brackets “Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord. No. II of 1982)” were substituted for the words, comma, figures and brackets “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)",
"27 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)",
"28 The word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"29 The word “Bengal” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"30 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 Waqfs Ordinance, 1962 (East Pakistan Ordinance)",
"num_of_sections": 102,
"published_date": "19th January, 1962",
"related_act": [
388,
232,
75,
619,
11,
430,
86,
24,
90
],
"repelled": false,
"sections": [
{
"act_id": 326,
"details": "1. (1) This Ordinance may be called the 1* * * Waqfs Ordinance, 1962. (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": 326,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (1)\t“Administrator” means the Administrator of Waqfs appointed under section 7; (2)\t“beneficiary” means any person entitled to receive any pecuniary or other material benefits from a waqf and includes any institution, such as mosque, shrine, dargah, khanquah, school, madrasah, idgah or graveyard entitled to receive any such benefits; (3) \t“benefit” does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli; (4) \t“Committee” means the Waqfs Committee established under section 19; 2(4A) “Deputy Commissioner” shall include Additional Deputy Commissioner (5) \t“enrolment” means the enrolment of a waqf under section 47; (6) \t“mutawalli” means any person appointed either orally or under any deed or instrument by which a waqf has been created or by a competent authority to be the mutawalli of a waqf, and includes a naib mutawalli, any other person appointed or entrusted by a mutawalli to perform the duties of a mutawalli, the guardian of a mutawalli who is a minor or of unsound mind and any person or committee for the time being managing or administering any waqf property as such. Explanation. A Receiver appointed under the provisions of the Code of Civil Procedure, 1908, or under section 145 or 146 of the Code of Criminal Procedure, 1898, to manage or administer a waqf property, or a Common Manager managing any waqf property under the provisions of any law for the time being in force, shall be deemed to be a mutawalli for the purposes of this Ordinance; (7)\t“net available income” of a waqf means the income as determined from time to time, in the manner prescribed by the rules; (8) \t“person interested in a waqf ” includes a beneficiary and any person who has a right to worship or to perform any religious rite in a mosque, idgah, imambarah, dargah, maqbara or other religious institution and establishment connected with the waqf or to participate in any religious or charitable institutions under the waqf; (9) \t“stranger to waqf ” means a person other than a person interested within the meaning of clause (8); (10) “waqf ” means the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by Muslim Law as pious, religious or charitable, and includes any other endowment or grant for the aforesaid purposes, a waqf by user, and a waqf created by a non Muslim. Explanation. When more than fifty per cent of the net available income of a waqf is exclusively applied for religious and charitable purposes, such a waqf shall be deemed to be a public waqf within the meaning of clause (e) of sub-section (1) of section 85 of the 3* * * Non-Agricultural Tenancy Act, 1949 and shall be deemed to be a trust for public purposes of a charitable or religious nature within the meaning of section 92 of the Code of Civil Procedure, 1908, 4* * *; (11) “waqf deed” means any deed or instrument by which a waqf has been created and includes any valid subsequent deed or instrument by which any of the terms of the original dedication has been varied; 5(11a) “waqf estate” means the totality of immovable properties, as well as movable properties, in respect of which the waqf is made by a deed; and no waqf property shall be designated as waqf estate if it consists of only movable properties; (12) “waqf property” includes property of any kind acquired with the sale proceeds of, or in exchange of, or from the income arising out of, waqf property, and all offerings made, or charities consecrated or contributed, on or to waqf property; and (13)\t “waqif ” means any person creating a waqf.",
"name": "Definitions",
"related_acts": "86,75,232,86",
"section_id": 2
},
{
"act_id": 326,
"details": "3. This Ordinance shall apply to all waqfs, whether created before or after the commencement of this Ordinance, and to any part of the property which is situated in Bangladesh.",
"name": "Application",
"related_acts": "",
"section_id": 3
},
{
"act_id": 326,
"details": "4. Exemption of certain waqf property.- 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": 326,
"details": "5. The Administrator may, with the previous sanction of the Government, and subject to rules made by the Government in this behalf, exempt any waqf from all or any of the provisions of this Ordinance.",
"name": "Power to exempt waqfs from the operation of this Ordinance",
"related_acts": "",
"section_id": 5
},
{
"act_id": 326,
"details": "6. (1) The Administrator shall cause a survey to be made of all waqf properties existing at the date of the commencement of this Ordinance in such manner as may be prescribed by the rules, and, for this purpose, may appoint such persons as may be necessary, who shall, on completion of the survey, submit to the Administrator a report containing such particulars as may be prescribed by the rules. (2) On receipt of the report under sub section (1), the Administrator shall take such action as he may deem necessary under Chapter IV of this Ordinance for the enrolment of the waqfs.",
"name": "Survey of waqf properties",
"related_acts": "",
"section_id": 6
},
{
"act_id": 326,
"details": "66A. (1) Any immovable property belonging to any waqf estate shall be recorded in the record-of-rights in the name the waqf, and shall be represented by the designation of mutawalli, Receiver or Administrator, as the case may be. (2) The personal name of any mutawalli, Receiver or Administrator shall not be stated in the record-of-rights. (3) Notwithstanding anything contained in any other law for the time being in force, the Revenue Officer shall record the waqf estate in a separate khatian. Explanation.- Revenue-officer as referred to in this sub-section means the Revenue-officer as defined in section 2(24) of the State Acquisition and Tenancy, Act 1950 (Act No. XXVIII of 1951). (4) If any immovable property belonging to any waqf estate is not recorded in accordance with the provisions of this section, the Administrator shall take immediate steps for correction of the record-of-rights.",
"name": "Record-of-Rights, separate khatian, etc.",
"related_acts": "",
"section_id": 7
},
{
"act_id": 326,
"details": "7. (1) The Government shall appoint an Administrator of Waqfs 7for Bangladesh. (2) No person shall be appointed as Administrator unless he is a Muslim and possesses such qualifications as may be prescribed by the rules. (3) The Administrator shall ordinarily be appointed for five years, and shall be eligible for re appointment.",
"name": "Appointment of the Administrator",
"related_acts": "",
"section_id": 8
},
{
"act_id": 326,
"details": "8. Subject to the provisions of this Ordinance, the salary and the terms and conditions of service of the Administrator shall be such as may be prescribed by the rules.",
"name": "Terms and conditions of service of the Administrator",
"related_acts": "",
"section_id": 9
},
{
"act_id": 326,
"details": "9. If at any time it appears to the Government that the Administrator has shown himself to be unsuitable for his office, or has been guilty of misconduct or neglect which renders his removal expedient, it may, by notification in the official Gazette, declare that the Administrator shall cease to hold such office.",
"name": "Removal of the Administrator",
"related_acts": "",
"section_id": 10
},
{
"act_id": 326,
"details": "10. The Administrator shall be deemed to be a public officer within the meaning of the Code of Civil Procedure, 1908.",
"name": "Administrator to be a public officer",
"related_acts": "86",
"section_id": 11
},
{
"act_id": 326,
"details": "11. The Administrator shall be a corporation sole by name of “the Administrator of Waqfs, Bangladesh” and shall have perpetual succession and an official seal and shall by the said name sue and be sued.",
"name": "Administrator to be a Corporation sole",
"related_acts": "",
"section_id": 12
},
{
"act_id": 326,
"details": "12. The office of the Administrator shall be situated at Dacca.",
"name": "Office of the Administrator",
"related_acts": "",
"section_id": 13
},
{
"act_id": 326,
"details": "13. The Government may, in consultation with the Administrator, appoint such number of Deputy Administrators and Assistant Administrators as may be deemed necessary.",
"name": "Appointment of Deputy and Assistant Administrators",
"related_acts": "",
"section_id": 14
},
{
"act_id": 326,
"details": "14. The salaries, and the terms and conditions of service, of the Deputy Administrators and Assistant Administrators shall be such as may be prescribed by the rules.",
"name": "Remuneration of the Deputy Administrators and Assistant \tAdministrators",
"related_acts": "",
"section_id": 15
},
{
"act_id": 326,
"details": "15. The Administrator, with the previous sanction of the Government, may, from time to time, determine the number, designations and grades of other officers and servants whom he considers necessary to employ for the purposes of this Ordinance and the amount and nature of the salary, fees and allowances to be paid to each such officer and servant.",
"name": "Strength and remuneration of staff",
"related_acts": "",
"section_id": 16
},
{
"act_id": 326,
"details": "16. The conditions of service of the officers and servants mentioned in section 15 shall be such as may be prescribed by the rules.",
"name": "Service condition of the officers and servants",
"related_acts": "",
"section_id": 17
},
{
"act_id": 326,
"details": "17. The power of appointing, promoting and granting leave to officers and servants mentioned in section 15 and reducing, suspending or dismissing them for misconduct, shall be vested in the Administrator: Provided that any such officer or servant in receipt of a monthly salary exceeding one hundred and fifty taka, who is reduced, suspended or dismissed by the Administrator, may appeal to the Government whose decision shall be final.",
"name": "Power of appointment, etc., vested in the Administrator",
"related_acts": "",
"section_id": 18
},
{
"act_id": 326,
"details": "18. There shall be paid to Administrator, Deputy Administrators, Assistant Administrators and other officers and servants allowances for journeys undertaken in the discharge of their duties under this Ordinance at such reasonable rates as may, from time to time, be determined by the Government.",
"name": "Travelling allowances",
"related_acts": "",
"section_id": 19
},
{
"act_id": 326,
"details": "19. The Government shall establish a Committee to be called the Waqfs Committee for assisting and advising the Administrator in administering the waqfs and their funds and in the exercise and performance of his powers and duties in accordance with the provisions of this Ordinance.",
"name": "Establishment of the Waqf Committee",
"related_acts": "",
"section_id": 20
},
{
"act_id": 326,
"details": "20. (1) The Committee shall consist of the Administrator as Chairman and ten members to be appointed by the Government of whom one shall be a mutawalli of Shia sect, and three shall be mutawallis of the Sunni sect, and the remaining six shall be from among the prominent, respectable and benevolent citizens of the Muslim community, well versed in Muslim Law. (2) The names of the members of the Committee, when appointed, shall be published by the Government in the official Gazette.",
"name": "Constitution of Committee",
"related_acts": "",
"section_id": 21
},
{
"act_id": 326,
"details": "21. (1) Every member of the Committee shall hold office for a term of five years, and shall, if otherwise qualified, be eligible for reappointment on the expiry of his term of office. (2) A member of the Committee, notwithstanding the expiry of his term of office, shall continue to hold office until the vacancy caused by the expiry of the said term has been filled. (3) If any mutawalli, who is, as such, a member of the Committee, ceases to be a mutawalli, the Government shall, by notification in the official Gazette, declare his place to be vacant.",
"name": "Term of Office of Members",
"related_acts": "",
"section_id": 22
},
{
"act_id": 326,
"details": "22. (1) The Government may, by notification in the official Gazette, remove any member of the Committee, if he- (a)\trefuses to act or becomes incapable of acting as a member of the Committee; (b)\tis declared insolvent; (c) \thas been or is convicted of any such offence or has been or is subjected by a criminal Court to any such order which, in the opinion of the Government, renders him unfit to continue as a member of the Committee; or (d) \tis absent without the permission of the Committee from more than three consecutive meetings of the Committee. (2) The Government may fix a period during which any person so removed shall not be eligible for reappointment.",
"name": "Removal of Members",
"related_acts": "",
"section_id": 23
},
{
"act_id": 326,
"details": "23. A member of the Committee may resign his office by giving notice in writing to the Government, and, on such resignation being accepted, shall be deemed to have vacated his office.",
"name": "Resignation of Members",
"related_acts": "",
"section_id": 24
},
{
"act_id": 326,
"details": "24. When the place of a member of the Committee is declared vacant under sub section (3) of section 21 or becomes vacant by his removal under section 22 or resignation under section 23, or by death, a new member shall be appointed in the manner provided in section 20 and shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred: Provided that no act of the Committee shall be deemed to be invalid by reason only that the number of members of the Committee at the time of the performance of such act was less than the number provided in section 20.",
"name": "Casual vacancies",
"related_acts": "",
"section_id": 25
},
{
"act_id": 326,
"details": "25. (1) The presence of at least four members of the Committee shall be necessary to form a quorum at a meeting of the Committee. (2) The Administrator, or, in his absence, a member elected by the members present at a meeting of the Committee, shall preside at every meeting of the Committee, and shall have a second or casting vote in all cases of equality of votes.",
"name": "Quorum and President at meetings of the Committee",
"related_acts": "",
"section_id": 26
},
{
"act_id": 326,
"details": "26. There shall be paid to each member of the Committee, allowances for journeys undertaken in the discharge of their duties under this Ordinance at such reasonable rates as may, from time to time, be determined by the Government.",
"name": "Allowance to Members for journeys",
"related_acts": "",
"section_id": 27
},
{
"act_id": 326,
"details": "27. Subject to the provisions of this Ordinance and the rules made thereunder the powers and functions of the Administrator shall include- (a) \tinvestigating and determining the nature and extent of waqfs and waqf properties, and calling, from time to time, for accounts, returns and information from mutawallis; (b) \tensuring that the waqf properties and income arising therefrom are applied to the objects, and for the purposes and for the benefit of any class of persons for which such waqfs were created or intended; (c) \tgiving directions for the proper administration of waqfs; (d) \tmanaging himself, or through the officers and servants employed under this Ordinance or persons authorised by him, any waqf of which he may take or retain charge under this Ordinance and doing all such acts as may be necessary for the proper control, administration and management of any such property; (e) \tfixing the remuneration of a mutawalli, where there is no provision for such remuneration in the waqf deed; (f) \tinvesting any money received as compensation for the acquisition of waqf properties under any law for the time being in force, by himself or by issuing directions for proper investment by the mutawalli; and (g) \tgenerally doing all such acts as may be necessary for the due control, maintenance and administration of waqfs.",
"name": "General powers and functions of the Administrator",
"related_acts": "",
"section_id": 28
},
{
"act_id": 326,
"details": "28. Subject to the provisions of this Ordinance and the rules made thereunder, the powers and functions of the Committee shall include- (i)\tin the absence of any directions by the waqif or any lawful authority, declaring what proportion of the income or other property of the waqf shall be allocated to any particular object of the waqf; (ii) \tdeclaring in what manner any surplus income of a waqf shall be utilised; (iii)\tsettling, altering or revising schemes for the proper administration of a waqf in a manner not inconsistent with the terms and conditions of the waqf deed or the wishes of the waqif; and (iv)\texercising and performing such other powers and duties as are expressly conferred or imposed on the Committee by or under this Ordinance.",
"name": "General powers and functions of the Committee",
"related_acts": "",
"section_id": 29
},
{
"act_id": 326,
"details": "29. The Administrator and the Committee, in exercising their powers and functions under this Ordinance in respect of the waqf, shall act in conformity with the directions of the waqif, the purposes of the waqf, and any custom or usage relating to waqfs under the Muslim Law: Provided that, in furtherance of the objects of the waqf or in the interest of the beneficiaries, the Committee may revise any provision in the waqf deed which has become inoperative or impossible of execution owing to the efflux of time or changed conditions.",
"name": "The Administrator and the Committee to carry out purposes of waqfs but Administrator may revise inoperative provisions",
"related_acts": "",
"section_id": 30
},
{
"act_id": 326,
"details": "30. (1) All decisions and actions of the Committee shall be given effect to by orders passed by the Administrator. (2) The Committee may, from time to time, authorise the Administrator to exercise and perform any of the powers and duties conferred or imposed on the Committee by or under this Ordinance. (3) The powers vested in the Committee under this Ordinance, shall, when there is no Committee or when the Committee cannot function for any reason, be exercisable by the Administrator.",
"name": "Exercise of Committee’s powers by Administrator",
"related_acts": "",
"section_id": 31
},
{
"act_id": 326,
"details": "31. The Deputy Administrator and the Assistant Administrator shall, subject to the control of the Government and of the Administrator, be competent to discharge such duties and exercise such powers of the Administrator under this Ordinance or the rules made thereunder as may be assigned and delegated to him by the Administrator by notification in the official Gazette with the prior approval of the Government.",
"name": "Powers and duties of the Deputy Administrators and Assistant Administrators",
"related_acts": "",
"section_id": 32
},
{
"act_id": 326,
"details": "831A. (1). The Adminidtrator shall have such powers of an Executive Magistrate as may be necessary for due administration, management, maintenance and protection of properties of a waqf estate. (2) The Administrator may, with prior approval of the government, by notification in the official Gazette, delegate to any Deputy Administrator and Assistant Administrator such of his powers of an Executive Magistrate as he may deem necessary for due administraton, management, maintenance and protection of properties of waqf estate. (3) The magistarial powers of the Administrator, Deputy Administrator and Assistant Administrator may extend all over the country, and while exercising the powers of an Executive Magistrate under this section within the territorial jurisdiction of a particular district, the Administrator shall be deemed to be a District Magistrate of that District and a Deputy Administrator or Assistant Administrator shall be deemed to be an Executive Magistrate of that District. (4) While exercising the powers of Executive Magistrate under this section within the territorial jurisdiction of a particular district or metropilitian area the Administrator, Deputy Administrator and Assistant Administrator, may, if necessary, ask for assistance of police and district Administration of that district or metropolition area, as the case may be, and, if so asked for, such assistance shall be provided.",
"name": "Magistarial powers of Administator and others.",
"related_acts": "",
"section_id": 33
},
{
"act_id": 326,
"details": "32. (1) Notwithstanding anything contained elsewhere in this Ordinance or in any other law for the time being in force, the Administrator may, on his own motion or on an application of any 9beneficiary, remove a mutawalli- (i)\tfor breach of trust, mismanagement, malfeasance or misappropriation; or (ii)\tfor any act of the mutawalli causing loss of waqf property or affecting the proper administration, control or preservation of the waqf; or (iii)\tif the mutawalli has been convicted more than once under section 61 of this Ordinance; or (iv) \tif the existing mutawalli is found unsuitable, incompetent, negligent or otherwise undesirable: Provided that no such order for removal of a mutawalli shall be made without giving him an opportunity of being heard. (2) A mutawalli aggrieved by an order under sub-section (1) may, within three months from the date of communication of such order, appeal to the District Judge against such order of removal: Provided that no appeal shall lie against an order under sub section (1) unless the mutawalli has made over charge of the waqf to the new mutawalli appointed under sub-section (4). (3) A revision from every order passed in appeal by the District Judge under sub section (2), if presented within ninety days from the date of such order, shall lie to the 10High Court Division, whose decision shall be final. (4) When a mutawalli has been removed, or when a mutawalli has resigned and his resignation has been accepted, the Administrator may appoint a new mutawalli to whom the outgoing mutawalli shall make over possession and charge of management of the waqf property together with the cash and all papers relating thereto by such date as may be specified by the Administrator. (5) If an outgoing mutawalli fails or refuses to make over possession and charge of management of the waqf property together with the cash and all papers relating thereto to the succeeding mutawalli under sub section (4), the succeeding mutawalli or the Administrator may apply to the Deputy Commissioner who shall evict the outgoing mutawalli and make over possession of the waqf property together with the cash and all papers relating thereto to the succeeding mutawalli or the Administrator, as the case may be. (6) When a mutawalli commits a breach of trust or does any wrongful act causing loss to the waqf property, he shall be liable to make good the loss sustained by the waqf property or its beneficiaries.",
"name": "Removal of mutawalli in certain cases and his liability for breach of trust",
"related_acts": "",
"section_id": 34
},
{
"act_id": 326,
"details": "33. Notwithstanding anything contained elsewhere in this Ordinance or in any other law for the time being in force or in any waqf deed or in any contract, the Administrator may, with the previous sanction of the Government, transfer any part of a waqf property by sale, mortgage, exchange or lease if he considers it necessary for the improvement and benefit of the waqf.",
"name": "Power of the Administrator to transfer waqf property",
"related_acts": "",
"section_id": 35
},
{
"act_id": 326,
"details": "34. (1) Notwithstanding anything contained elsewhere in this Ordinance, or in any other law for the time being in force, or in any decree or order of any Court, or in any deed or instrument, the Administrator may, by notification in the official Gazette, take over and assume the administration, control, management and maintenance of any waqf property, including any Shrine, dargah, imambara or other religious institution appertaining to such waqf property. (2) As soon as may be after the publication of the notification under sub section (1), the Administrator shall cause a notice to be served on the mutawalli of the waqf property specified in such notification requiring him to make over, by a specified date, the possession of the waqf property together with all papers relating thereto; and if the mutawalli fails to make over possession by the specified date, the Administrator may apply to the Deputy Commissioner who shall evict the mutawalli and make over the possession of the waqf property to the Administrator. (3) The Administrator may manage the waqf property taken over by him under sub section (1) through any officer subordinate to him or by an agent or official mutawalli or, if he considers necessary, by appointing a managing committee in the case of a shrine, dargah, imambara or other religious institutions. (4) If a managing committee is appointed under the provisions of sub section (3), the mutawalli of the waqf property concerned, the manager or Sajjada nashin, if there be one, and the Deputy Commissioner or his representative, shall be among the members thereof; and the President and the Secretary of each such committee shall be appointed by the Administrator from among the members of the committee. (5) The officer or agent or official mutawalli or the managing committee appointed under sub section (3) for the management of any waqf property taken over by the Administrator under sub section (1), shall frame a scheme for the administration of such waqf property as nearly as possible in conformity with the wishes of the waqif and the terms and conditions of the waqf and in accordance with the provisions of this Ordinance subject to the approval of the Administrator who may make such modifications in the scheme as he considers necessary. (6) The Administrator shall maintain a complete record of all waqf properties taken over by him under sub section (1), and shall keep accounts of income and expenditure of such property including the expenditures on the administration and his establishment for such purpose, in such manner as may be prescribed; and all moneys received or realised by the Administrator in respect of such properties under his control and management shall be credited to the Waqf Fund.",
"name": "Administrator may take over waqf property by notification",
"related_acts": "",
"section_id": 36
},
{
"act_id": 326,
"details": "35. (1) The mutawalli, or any person claiming any interest in the property in respect of which a notification has been issued under sub section (1) of section 34, may, if aggrieved by such notification, submit a petition within three months of the publication of such notification or of the passing of such order, to the District Judge within whose jurisdiction such waqf property or a part thereof is situated, for a declaration,- (a)\tthat the property is not a waqf property; or (b)\tthat the property is waqf property within the limits stated in the petition. (2) The District Judge may pass such order as he thinks fit after hearing the parties, or he may, for reasons to be recorded in writing, refuse to issue any process for compelling the attendance of any witness or the production of any document, if he considers that the petition has been made for the purpose of vexation and delay, and dismiss the petition summarily. (3) Any person aggrieved by the decision of the District Judge under sub section (2) may, within sixty days of the order, appeal to the 11High Court Division. (4) The decision of the District Judge, or when there is an appeal, the decision of the 12High Court Division, shall be final.",
"name": "Petition and appeal against notification or order by Administrator",
"related_acts": "",
"section_id": 37
},
{
"act_id": 326,
"details": "36. Subject to any rules made in this behalf, the Administrator may exercise any of the powers conferred on him by this Ordinance through the Deputy Commissioners of the districts in which the waqf property concerned is situated or through any other person whom he may appoint for such purpose and may, from time to time, delegate any of his powers to such Deputy Commissioners or other persons as aforesaid and may, at any time, revoke such delegation.",
"name": "Exercise of powers through Deputy Commissioners, or others",
"related_acts": "",
"section_id": 38
},
{
"act_id": 326,
"details": "37. Any person interested in a waqf may make an application, supported by an affidavit, to the Administrator to institute an enquiry relating to the administration of a waqf or for examination and audit of the accounts of a waqf; and the Administrator, on receipt of such application and on being satisfied from facts set forth in the affidavit that there are reasonable grounds for believing that the affairs of the waqf are being mismanaged, shall take such action thereon as he thinks fit: Provided that an application for the examination and audit of accounts shall not be made in respect of accounts relating to a period more than three years prior to the date of such application.",
"name": "Application for enquiry or audit of accounts",
"related_acts": "",
"section_id": 39
},
{
"act_id": 326,
"details": "38. (1) For the purpose of any enquiry under this Ordinance, the Administrator shall have the power to summon and enforce the attendance of persons and witnesses including the parties interested, to examine them, to compel the production of documents, and to issue commissions for the examination of witnesses, in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908. (2) The Administrator shall be deemed to be a public servant for the purposes of section 188 of the 13* * * Penal Code and Civil Court for the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898.",
"name": "Power of the Administrator for the purpose of an enquiry under this Ordinance",
"related_acts": "86,75",
"section_id": 40
},
{
"act_id": 326,
"details": "39. If after making an enquiry under section 37 the Administrator is of opinion that the affairs of any waqf have been mismanaged to such an extent as to make it desirable, for the protection of the waqf property or in the interest of the beneficiaries, that the waqf should be subjected to greater control and supervision, he may take over and assume the administration, control, management and maintenance of such waqf property under the provisions of section 34, or he may subject the waqf property to such provisions of this Ordinance for such specified period as he deems fit.",
"name": "Protection of waqfs from mismanagement",
"related_acts": "",
"section_id": 41
},
{
"act_id": 326,
"details": "40. (1) Any mutawalli may apply to the Administrator for the opinion, advice or direction of the Administrator on any question affecting the management or administration of the waqf property or on any point in a deed of waqf requiring clarification and the Administrator shall give his opinion, advice or direction, as the case may be, thereon: Provided that, if the Administrator cannot suitably dispose of the question, he may refer the mutawalli to the Court of the District Judge having local jurisdiction over the place where the waqf property or any part thereof is situated; and if the mutawalli thereafter applies by petition to such Court, the Court shall give its opinion, advice and direction in the manner provided in sub sections (2) and (3). (2) The Administrator on receiving a petition under sub section (1) may either give his opinion, advice or direction thereon forthwith, or fix a date for the hearing of the petition, and may direct a copy thereof, together with notice of the date so fixed to be served on such of the persons interested in the waqf, or to be published for information, in such manner as he thinks fit. (3) On any date fixed under sub section (2) or on any subsequent date to which the hearing may be adjourned, the Administrator, before giving any opinion, advice or direction, shall offer a reasonable opportunity of being heard to all persons appearing in connection with the petition. (4) Every mutawalli acting upon or in accordance with the opinion, advice or direction given by the Administrator or the Court, as the case may be, shall be deemed, so far as his own responsibility is concerned, to have discharged his duties as a mutawalli in the matter in respect of which the petition was made: Provided that nothing herein contained shall indemnify any mutawalli for any act done in accordance with such opinion, advice or direction if such mutawalli has been guilty of any fraud or wilful concealment or misrepresentation in obtaining such opinion, advice or direction.",
"name": "Power of mutawalli to apply for directions",
"related_acts": "",
"section_id": 42
},
{
"act_id": 326,
"details": "41. For the purpose of making provision for the payment of rent, rates and taxes due to Government or to any local authority and for the discharge of the expenses of repairs of the waqf property and for the preservation of the waqf property, Administrator may direct the creation and maintenance, in such manner as it may think fit, of a reserve fund from the income of a waqf.",
"name": "Creation of Reserve Fund",
"related_acts": "",
"section_id": 43
},
{
"act_id": 326,
"details": "42. (1) Where a mutawalli refuses to pay or does not pay any rates and taxes due to the Government or any local authority, the Administrator may discharge the dues \tfrom the “Waqf Fund”, and then proceed to recover the same from the waqf property and may also recover damages at twelve and a half per cent of the dues from the mutawalli. (2) Any sum of money due under sub section (1) shall be recoverable as a public demand under the 14* * * Public Demands Recovery Act, 1913.",
"name": "Power to pay dues in case of default by mutawalli",
"related_acts": "",
"section_id": 44
},
{
"act_id": 326,
"details": "43. In the case of any waqf of which there is no mutawalli or where there appears to the Administrator to be an impediment to the appointment of a mutawalli in terms of the deed of waqf or where the successor to the office of mutawalli is a minor, a person of unsound mind or\t a person adjudged insolvent by a competent Court of law, the Administrator may, for such period as he deems fit, appoint a person to act as mutawalli with notice to all the persons interested in the waqf. Any person aggrieved by such an appointment may, within three months from \tthe date of the receipt of the notice, appeal to the District Judge; and the decision of the District Judge shall be final.",
"name": "Power to appoint a mutawalli in certain cases",
"related_acts": "",
"section_id": 45
},
{
"act_id": 326,
"details": "44. Notwithstanding anything contained in this Ordinance or in any other law for the time being in force or in any deed or instrument, the Administrator may, where considered necessary, appoint an official mutawalli on such terms and conditions as to remuneration and other matters as the Administrator thinks fit for the Administration and management of a waqf property and institution attached thereto.",
"name": "Appointment of official mutawalli",
"related_acts": "",
"section_id": 46
},
{
"act_id": 326,
"details": "45. (1) The Administrator may grant inspection and copies of proceedings or other records of his office on payment of such fees as may be prescribed by him and subject to such conditions as he may determine. Copies shall be certified by the Administrator or by such officer as may be authorised in that behalf by the Administrator in the manner provided in section 76 of the Evidence Act, 1872. (2) Any beneficiary or other person interested in a waqf shall be entitled, with the permission of the Administrator, to inspect and obtain copies of such proceedings or other records relating to the waqf. (3) The Administrator at his discretion may allow a stranger to a waqf to inspect and obtain copies of such proceedings or other records relating to the waqf.",
"name": "Inspection of records and granting of copies",
"related_acts": "24",
"section_id": 47
},
{
"act_id": 326,
"details": "46. The Administrator may, from time to time, extend the time within which any act is required or ordered to be done by or under this Ordinance.",
"name": "Extension of time for performance of an act",
"related_acts": "",
"section_id": 48
},
{
"act_id": 326,
"details": "47. (1) All waqfs existing at or created after the commencement of this Ordinance shall be enrolled at the office of the Administrator. (2) An application for enrolment shall be made by the mutawalli: Provided that any person interested in a waqf may apply for such enrolment. (3) An application for enrolment shall be made in such form and manner and at such place as the Administrator may prescribe and shall obtain the following particulars as far as possible: (a)\ta description of the waqf properties sufficient for the identification thereof; (b) \tthe gross annual income from such properties; (c) \tthe amount of rents, rates and taxes annually payable in respect of the waqf properties; (d)\tan estimate of the expenses annually incurred in the realisation of the income of the waqf properties based on such details as are available; (e)\tthe amount set apart under the waqf for- (i)\tthe salary of the mutawalli and allowances to individuals; (ii)\tpurely religious purposes; (iii)\tcharitable purposes; and (iv)\tany other purposes; and (f)\tany other particulars prescribed by the Administrator. (4) Every such application shall be accompanied by a true copy of the waqf deed or, if no such deed has been executed, or a copy thereof cannot be obtained, shall contain full particulars, as far as they are known to the applicant, of the origin, nature and objects of the waqf. (5) The Administrator shall, on receipt of every application for enrolment and before enrolling any property therein as waqf property, send a copy of the application to the Deputy Commissioner of the district in which the property is situated and ascertain from him whether such property is the khas property of the Government. If the Deputy Commissioner objects to the enrolment on the ground that the said property belongs to the Central or the Government, the applicant shall be informed accordingly and, unless the applicant can produce a decision of the Civil Court to the contrary, the application for enrolment shall be rejected. (6) Where an application for enrolment has not been rejected under sub section (5), the Administrator may, before enrolling the waqf, make such further enquiries as he thinks fit in respect of the genuineness and validity of the application, and the correctness of any particulars therein; and when the application is made by any person other than the person administering the waqf property the Administrator shall, before enrolling the waqf, give notice of the application to the person administering the waqf property and shall hear him if he desires to be heard. (7) In the case of waqfs created before the date on which this Ordinance comes into force, the application for enrolment shall be made within three months from that date, and in case of waqfs created after that date within three months from the date of the creation of the waqf: Provided that, in the case of a testamentary waqf, the application for enrolment shall be made within three months from the date on which this Ordinance comes into force or from the date of the death of the testator, whichever event happens later. (8) Every application made under sub section (2) shall be written in the English or Bengali language and shall be signed and verified by the applicant in the manner provided in the Code of Civil Procedure, 1908, for the signing and verification of pleadings. (9) If the applicant omits or refuses on notice to sign or verify the application, a note to that effect shall be made in the register maintained under section 48.",
"name": "Enrolment of waqfs",
"related_acts": "86",
"section_id": 49
},
{
"act_id": 326,
"details": "48. The Administrator shall maintain a register of waqfs which shall contain in respect of each waqf copies of the waqf deeds and the following particulars:- (a)\tthe name of the mutawalli; (b)\tthe rules of succession to the office of mutawalli under the waqf deed or by custom or usage; (c) \tparticulars of all waqf properties, and all title deeds and documents relating thereto; (d)\tparticulars of the scheme of administration and the scale of expenditure at the time of enrolment; and (e)\tsuch other particulars as the Administrator may prescribe.",
"name": "Register of waqfs",
"related_acts": "",
"section_id": 50
},
{
"act_id": 326,
"details": "49. The Administrator, on his own motion or on the petition of any person interested, verified in the manner referred to in sub section (8) of section 47, may direct a mutawalli to apply for the enrolment of a waqf or to supply any information regarding a waqf, or may himself collect such information, and may cause any waqf to be enrolled, or may at any time amend the register of waqfs.",
"name": "Power to cause enrolment of waqf and to amend register",
"related_acts": "",
"section_id": 51
},
{
"act_id": 326,
"details": "50. Any question whether a particular property is waqf property or not shall be decided by the Administrator: Provided that the mutawalli or any person aggrieved by any decision or order of the Administrator in this behalf may, within three months from the date of such decision or order, submit a petition to the District Judge in accordance with the provision of sub section (1) of section 35; and if such a petition is filed, the provisions of section 35 shall apply.",
"name": "Decision if a property is waqf property",
"related_acts": "",
"section_id": 52
},
{
"act_id": 326,
"details": "51. (1) In the case of any change in the management of an enrolled waqf due to the death, retirement or removal of the mutawalli, the prospective mutawalli who is eligible or who considers himself to be eligible to succeed to the office of mutawalli in terms of the waqf deed or according to the custom or usage of the waqf, shall forthwith, and any other person may, notify the change to the Administrator. (2) In the case of any other change in any of the particulars mentioned in section 47, the mutawalli shall, within six months from the occurrence of the change, notify such change to the Administrator.",
"name": "Notification of changes in enrolled waqfs",
"related_acts": "",
"section_id": 53
},
{
"act_id": 326,
"details": "52. (a) \tBefore the fifteenth day of September next following the date on which the application referred to in section 47 has been made and thereafter before the fifteenth day of July in every year, every mutawalli of a waqf shall prepare and furnish to the Administrator a full and true statement of accounts, in such form and language and containing such particulars as may be prescribed by the Administrator, of all moneys received or expended by the mutawalli on behalf of the waqf during the period of twelve months ending on the thirtieth day of June or on the last day of the Bengali year, or, as the case may be, during that portion of the said period during which the provisions of this Ordinance have been applicable to the waqf. (b)\tSuch statement shall also contain the following particulars- (i)\tany change which may have taken place since the application for enrolment or since the submission of the last annual statement, as the case may be, in the extent, nature or quality of the waqf properties including transfer, acquisition or transaction affecting such properties; (ii)\tthe amount of the liabilities, if any, of the waqf on account of outgoings such as rent, rates, taxes, salaries and allowances and on account of all other matters; and (iii)\tany other particulars which the Administrator may require. (c)\tIn the case of a Receiver appointed by any Court in any suit or proceeding in respect of a waqf property he shall submit a statement of accounts to the Administrator under the provisions of this section in addition to the statements that may be submitted by him to the Court.",
"name": "Submission of accounts of waqfs",
"related_acts": "",
"section_id": 54
},
{
"act_id": 326,
"details": "53. (1) The accounts of waqfs submitted to the Administrator under section 52 shall be audited and examined annually or at such other intervals as the Administrator may determine by an auditor appointed by the Administrator. (2) The auditor may, by written notice, require the production before him of any document, or require the attendance before him of any person responsible for the preparation of the account, to enable the auditor to obtain such information as he may consider necessary for the proper conduct of his audit. (3) After completing the audit, the auditor shall submit a report to the Administrator: Provided that the auditor may submit an interim report at any time if he thinks fit. (4) The report of the auditor shall, among other things, specify the cases of irregular, illegal or improper expenditure or of failure to recover money or other property lost by neglect or misconduct, loss of any property or money, and any other matter which the auditor considers it necessary to report. The report shall also contain the name of any person who, in the opinion of the auditor, is responsible for such expenditure or failure and the auditor shall, in every case, certify the amount of such expenditure or loss as due from such person. (5) The cost of the audit of the accounts of a waqf including the travelling allowance of the auditor shall be paid from the Waqf Fund. Explanation.- For the purposes of this section and sections 54 and 55, an “auditor” shall include an Inspector and any other person or officer authorised by the Administrator to audit and examine the accounts of a waqf.",
"name": "Audit of accounts of waqfs",
"related_acts": "",
"section_id": 55
},
{
"act_id": 326,
"details": "54. The Administrator shall examine the auditor's report and may call for the explanation of any person in regard to any matter mentioned therein, and shall pass such orders on the report as he thinks fit.",
"name": "Administrator to pass orders on auditor's report",
"related_acts": "",
"section_id": 56
},
{
"act_id": 326,
"details": "55. (1) Every sum certified to be due from any person by an auditor in his report under section 53, unless such certificate is modified or cancelled by the Administrator by an order made under section 54, and every sum due on a modified certificate shall be paid by such person within sixty days after the service of a demand for the same issued by the Administrator. (2) If such payment is not made in accordance with the provisions of sub section (1), the sum payable shall be recoverable as a public demand under the 15* * * Public Demands Recovery Act, 1913.",
"name": "Sums certified due recoverable as public demand",
"related_acts": "",
"section_id": 57
},
{
"act_id": 326,
"details": "56. (1) No transfer by a mutawalli of any immovable property of a waqf by way of sale, gift, mortgage or exchange, or by way of lease for a term exceeding 5 years shall be valid without the previous sanction of the Administrator: Provided that the sanction by the Administrator shall not validate any transfer which is in contravention of any other law for the time being in force or is otherwise invalid. (2) No Court shall grant permission to any Receiver appointed by the Court for the transfer of any waqf property unless the prior sanction of the Administrator has been obtained. (3) In the absence of the sanction required by sub-section (1), any transfer made by a mutawalli shall be declared void, if the Administrator, within 4 months of his coming to know of such transfer, or within 3 years from the date of such transfer, whichever is later, applies to the Civil Court in this behalf. (4) Where a mutawalli transfers a waqf property in contravention of sub section (1) and afterwards himself becomes the owner of the property, the mutawalli shall, on the direction of the Administrator, re convey the property to the waqf. (5) Any transfer made in contravention of the provisions of sub section (1) shall be deemed to be an act of malfeasance and breach of trust for the purpose of sub-section (1) of section 32.",
"name": "Bar to transfer of immovable property of a waqf",
"related_acts": "",
"section_id": 58
},
{
"act_id": 326,
"details": "57. A mutawalli or a Receiver may apply to the Administrator for sanction to transfer waqf property under sub section (1) of section 56, and the Administrator, after making such enquiry and giving notice to such persons in such manner as he thinks fit and hearing them, if they desire to be heard, may accord sanction to such transfer on such terms and conditions as he may, in his discretion, impose: Provided that where such transfer is to be made under an express power conferred by the waqf deed, the Administrator shall not refuse to accord sanction.",
"name": "Power of Administrator to grant sanction to transfer",
"related_acts": "",
"section_id": 59
},
{
"act_id": 326,
"details": "1657A. (1) Notwithstanding anything contained to the contrary in the Registration Act, 1908 (Act No. XVI of 1908), no Sub-registrar shall register any deed of transfer of any immovable property belonging to a waqf, without the previous sanction of the Administrator or the Government, as the case may be. (2) If a Sub-registrar, knowingly and intentionally, registers a deed in violation of the prohibition under sub-section (1), he shall be liable for commission of the offence of abetment of criminal breach of trust.",
"name": "Sub-registrar not to register deeds.",
"related_acts": "90",
"section_id": 60
},
{
"act_id": 326,
"details": "58. (1) No debt incurred by a mutawalli shall be binding on a waqf property unless it is for the benefit of the waqf and previous written permission has been obtained from the Administrator authorising the incurring of such debt. (2) No mutawalli shall compromise, compound, abandon, submit to arbitration or otherwise settle any debt, account or claim relating to a waqf or for any of these purposes enter into and execute any agreement or instrument of compromise or arrangement, without the previous permission of the Administrator.",
"name": "Bar to any debt, compromise and other transactions by mutawalli",
"related_acts": "",
"section_id": 61
},
{
"act_id": 326,
"details": "59. Every mutawalli, unless there is anything to the contrary in the waqf deed, shall invest, in such manner as may be approved by the Administrator, any of the waqf property which consists of money which cannot be applied immediately or at an early date to the purpose of the waqf and shall, with the sanction of the Administrator, convert any of the waqf property which is of wasting nature and invest the proceeds in such manner as may be approved by the Administrator.",
"name": "Matawalli to convert property and invest money in certain cases",
"related_acts": "",
"section_id": 62
},
{
"act_id": 326,
"details": "60. Notwithstanding anything contained in the waqf-deed, every mutawalli may pay from the income of the waqf property any expenses properly incurred by him for the purpose of enabling him to furnish any particulars, documents or copies under section 47, or any accounts under section 52, or any information or documents required by the Administrator or a person authorised by the Administrator, and for the preservation or benefit of the waqf property.",
"name": "Mutawalli entitled to pay certain costs from waqf property fund",
"related_acts": "",
"section_id": 63
},
{
"act_id": 326,
"details": "61. (1) If a mutawalli fails- (a)\tto apply for enrolment; or (b)\tto maintain clear and accurate accounts and furnish statements of particulars or of accounts or returns as required by this Ordinance; or (c)\tto supply information or particulars as required by the Administrator or a person authorised by him; or (d)\tto allow inspection of waqf properties accounts, or records, or deeds and documents relating thereto, or assist enquiries and investigations, if called upon to do so by the Administrator or a person authorised by him; or (e)\tto deliver possession of any waqf property if ordered by the Administrator or the Court; or (f )\tto carry out the directions of the Administrator or a person authorised by him; or (g)\tto pay the contribution payable under section 71; or (h)\tto pay the dues of any individual beneficiary of a waqf payable to him in terms of the waqf-deed; or (i)\tto furnish accounts and other full and accurate information as to the position and affairs of the waqf to the beneficiary or any person interested in a waqf in terms of the waqf-deed; or ( j)\tto pay towards and look after, the proper maintenance and preservation of any mosque or other religious, charitable and educational institution or establishment, in terms of the waqf deed; or (k)\tto discharge any public dues; or (l)\tto co operate with the Committee and carry out its directions in the performance of its functions; or (m)\tto protect title to the waqf property and look after its preservation and safety; or (n)\tto do any other act which he is lawfully required to do by or under this Ordinance; he shall, unless he satisfies the Court that there was reasonable cause for his failure, be punishable with fine which may extend to 17twenty thousand taka and, in default with simple imprisonment which may extend to six months: Provided that when a mutawalli has been prosecuted for failure to pay the contribution payable under section 71 of this Ordinance, the amount of fine shall not be less than double the amount of the contribution due and unpaid, subject to the maximum of 18twenty thousand taka. (2) If a mutawalli furnishes any statement, return or information referred to in clause (b) or clause (c) of sub-section (1) which he knows or has reason to believe to be false, misleading, inaccurate or untrue in any material particular, he shall be punishable with fine which may extend to 19twenty thousand taka and in default with simple imprisonment which may extend to six months. (3) The fine imposed by the Court under sub section (1) or (2) and under section 63 shall, if realised, be paid and credited to the Waqf Fund.",
"name": "Penalties",
"related_acts": "",
"section_id": 64
},
{
"act_id": 326,
"details": "62. If a mutawalli intentionally and dishonestly allows a waqf property to be sold for arrears of rent, rates or taxes, and purchases the said property in the name of himself or any other person, such a purchase by the mutawalli shall be deemed to be an act of malfeasance and breach of trust for the purpose of sub section (1) of section 32; and the Administrator shall issue directions upon him to re-convey the property to the waqf or adequately compensate the waqf within the specified date.",
"name": "Purchase of property by mutawalli under certain conditions to be act of malfeasance and directions upon him to reconvey the same",
"related_acts": "",
"section_id": 65
},
{
"act_id": 326,
"details": "63. If an outgoing mutawalli fails or refuses to make over charge of management of the waqf, and of the accounts, documents, records, papers and cash of the waqf and to surrender possession of the property and produce of the land, if any, to the succeeding mutawalli, on being required to do so under any of the provisions of this Ordinance, he shall be punishable with fine which may extend to 20twenty thousand taka and in default with imprisonment which may extend to six months.",
"name": "Penalties against outgoing mutawallis",
"related_acts": "",
"section_id": 66
},
{
"act_id": 326,
"details": "64. (1) If a co sharer in a waqf property or an individual beneficiary or any other person interested in a waqf, or a stranger, creates disturbances or obstruction in the peaceful management of the waqf or any institution attached thereto in any way, or disturbs the possession of a waqf property by the mutawalli or any person or a managing committee appointed by the Administrator for managing the said property, or commits trespass on any such property, the Administrator shall apply to the Deputy Commissioner, who shall evict the trespasser, or take such steps for preventing such disturbance or obstruction as he deems fit. (2) Any person evicted by the Deputy Commissioner under sub section (1) may, within three months from the date of his eviction, appeal to the District Judge against such order of eviction; and the decision of the District Judge on such appeal shall be final.",
"name": "Action against trespassers and miscreants",
"related_acts": "",
"section_id": 67
},
{
"act_id": 326,
"details": "65. (1) A mutawalli shall not resign or retire from his service except with the permission of the Administrator. (2) If a mutawalli proposes to retire or tenders resignation or applies for discharge from the office of the mutawalli, he shall not be permitted to retire or his resignation shall not be accepted and he shall not be discharged unless he has submitted the statement of accounts up to the date of his retirement, resignation or discharge and the same has been audited and unless he has paid the contribution payable under section 71 up to the said date.",
"name": "Resignation, retirement or discharge of a mutawalli",
"related_acts": "",
"section_id": 68
},
{
"act_id": 326,
"details": "66. A mutawalli shall not delegate his office or any of his duties to any one except with the permission of the Administrator: Provided that the appointment of an attorney or proxy to do an act merely ministerial and involving no independent discretion shall not be a delegation within the meaning of this section.",
"name": "Mutawalli cannot delegate except with the permission of the Administrator",
"related_acts": "",
"section_id": 69
},
{
"act_id": 326,
"details": "67. Where there are more than one mutawallis to a waqf, all of them shall act jointly in the exercise of their functions and performance of their duties unless the waqf deed otherwise provides.",
"name": "Co mutawallis cannot act singly",
"related_acts": "",
"section_id": 70
},
{
"act_id": 326,
"details": "68. Where a discretionary power conferred on a mutawalli is not exercised reasonably and in good faith such power may be revoked by the Administrator.",
"name": "Control of discretionary power",
"related_acts": "",
"section_id": 71
},
{
"act_id": 326,
"details": "69. Where no remuneration has been provided by a waqf deed for the office of mutawalli, or where the amount provided is inadequate, the Administrator may, on the application of the mutawalli, fix a sum not exceeding one tenth of the net available income of the waqf as his remuneration.",
"name": "Remuneration of mutawalli",
"related_acts": "",
"section_id": 72
},
{
"act_id": 326,
"details": "2169A. (1) If the waqif in his waqf deed directs for payment, out of income of the waqf estate or waqf property, of any amount of money on monthly or yearly basis, the mutawalli or beneficiary of any waqf estate or waqf property may every after ten years, apply to the Administrator for re-determination of the amount mentioned in the waqf deed. (2) The Administrator shall, upon application made under sub-section (1), if he considers the application reasonable and appropriate, re-determine the amount so as to make that consistent with prevalent market price.",
"name": "Redetermination of monetary amounts.",
"related_acts": "",
"section_id": 73
},
{
"act_id": 326,
"details": "70. (1) The Administrator may, by a general or special order, fix the minimum qualification and remuneration of the Imam of a mosque under the waqf; and every mutawalli or any person or a managing committee appointed by the Administrator to manage the waqf property, shall abide by his directions in this behalf. (2) The Administrator may, if he considers it necessary, himself appoint the Imam of a mosque under the waqf by removing an existing Imam if he is considered unfit, unqualified or unsuitable.",
"name": "Fixation of Imam's pay and his appointment and removal by Administrator",
"related_acts": "",
"section_id": 74
},
{
"act_id": 326,
"details": "71. (1) The mutawalli of every waqf shall pay annually to the office of the Administrator contribution at the rate of five per cent of the net available income of the waqf. (2) The Administrator may, in the case of any particular waqf and in the interest thereof, reduce or remit any such contribution for such time as it thinks fit if the income of the waqf concerned so deteriorates for any reason as would justify such reduction or remission. (3) Subject to any provisions in the waqf deed, the mutawalli may realise the contributions payable by him under sub section (1) from the various persons entitled to receive any pecuniary or other material benefits from the waqf, but the sum realisable from any one of such persons shall not exceed such amount as shall bear to the total contribution payable, the same proportion as the value of benefits receivable by such person bears to the entire net available income of the waqf: Provided that, if there is any income of the waqf available in excess of the amount payable as dues under this Ordinance, other than as the contribution, and in excess of the amount payable under the waqf deed, the contribution shall be paid out of such income. (4) The contribution payable under sub section (1) in respect of a waqf shall, subject to the prior payment of any dues to the Government or to any local authority, and of any other statutory first charge on the waqf property or the income thereof, be a first charge on the income of the waqf and shall be recoverable as a public demand, under the 22* * * Public Demands Recovery Act, 1913. (5) If a mutawalli realises the income of the waqf and refuses to pay or does not pay such contribution, he shall also be personally liable for such contribution which may be realised from his person or property in the manner aforesaid. (6) Where a mutawalli dies or retires without paying the arrears of contribution due, the next succeeding mutawalli shall be liable to pay such arrears out of the income of the waqf. (7) All mosques which have no landed property for their maintenance or which have such property with an income of less than Tk. 2310,000 per annum, shall be exempted from the levy of any contribution under sub section (1).",
"name": "Annual contributions payable to the office of the Administrator",
"related_acts": "",
"section_id": 75
},
{
"act_id": 326,
"details": "72. (1) The Administrator, with the previous sanction of the Government, may, for the purpose of giving effect to the provisions of this Ordinance, borrow such sums of money and on such terms and conditions as the Government may fix; and the Administrator shall repay the money borrowed, together with any interest or costs due in respect thereof, according to the terms and conditions of the loan. (2) The Administrator shall not borrow money upon the security of the Waqf Fund.",
"name": "Administrator may borrow money",
"related_acts": "",
"section_id": 76
},
{
"act_id": 326,
"details": "73. (1) All monies received by the Administrator in respect of properties under his control and management and for the purposes of this Ordinance and all other monies realised under this Ordinance shall form a fund to be called the “Waqf Fund”. (2) The Government may make rules regulating the payment of monies into the Waqf Fund, the investment by the Administrator of monies received into that fund and the custody and disbursement of such monies. (3) The Waqf Fund shall, subject to the provisions of sub section (2), be under the control of the Administrator.",
"name": "Waqf Fund",
"related_acts": "",
"section_id": 77
},
{
"act_id": 326,
"details": "74. (1) The Waqf Fund shall be applied to- (a)\tpayment of the cost of survey of waqf properties under section 6; (b)\trepayment of any loan incurred under section 72 and payment of interest thereon; (c)\tpayment of cost of audit of the Waqf Fund; (d)\tpayment of the salaries and allowances of the Administrator, Deputy Administrator and Assistant Administrator; (e)\tpayment of the salaries and allowances of the officers and servants appointed by the Administrator under section 17; (f )\tpayment of travelling allowances to the Administrator, Deputy Administrator, Assistant Administrator, other officers and servants of the office of the Administrator and to the members of the Committee; (g)\tpayment of the cost of the establishment employed by the Administrator; (h)\tpayment of all expenses incurred by the Administrator in the performance of the duties imposed and the exercise of the powers conferred by this Ordinance; and (i)\tpayment for the reconstruction and repairs of mosques. (2) If any balance remains after meeting the expenditure referred to in sub section (1), the Administrator may use any portion of such balance of the fund for the improvement, preservation and protection of waqf property and also other religious and charitable works consistent with the purposes of the waqf. (3) (a) \tAll monies received by the Administrator under the provisions of section 85 shall be invested by the Administrator in the purchase of house properties, lands and other properties for the waqf; and (b)\tIf such purchase cannot be readily effected, such monies shall be invested in such Government or other approved securities as the Administrator thinks fit until such monies can be applied in the purchase of properties as aforesaid; and the Administrator shall direct the payment of the interest or other proceeds arising from such investment to persons interested in the waqf in fulfilment of the objects specified in the waqf deed.",
"name": "Application of Waqf Fund",
"related_acts": "",
"section_id": 78
},
{
"act_id": 326,
"details": "75. The Administrator shall keep such accounts of the receipts and disbursements of the Waqf Fund as may be prescribed by the rules and shall submit the same for examination from time to time by auditors.",
"name": "Accounts of Waqf Fund",
"related_acts": "",
"section_id": 79
},
{
"act_id": 326,
"details": "76. (1) The Accounts of the Waqf Fund shall be audited and examined annually by such auditor as may be appointed by the Government. (2) The auditor may, by written notice, require the production before him of any document, or require the attendance before him of any person responsible for the preparation of the account, to enable the auditor to obtain such information as he may consider necessary for the proper conduct of his audit. (3) After completing the audit, the auditor shall submit a report to the Government: Provided that the auditor may submit an interim report at any time if he thinks fit. (4) The report of the auditor shall, among other things, specify all cases of irregular, illegal or improper expenditure or of failure to recover monies or other property due or of loss or waste of money or other property caused by neglect or misconduct and any other matter which the auditor considers it necessary to report. The report shall also contain the name of any person who, in the opinion of the auditor, is responsible for such expenditure or failure, and the auditor shall, in every such case, certify the amount of such expenditure or loss as due from such person.",
"name": "Audit of accounts of Waqf Fund",
"related_acts": "",
"section_id": 80
},
{
"act_id": 326,
"details": "77. The Government shall examine the auditor's report and may call for the explanation of any person in regard to any matter therein, and shall pass such orders on the report as it thinks fit.",
"name": "Government to pass orders on auditor's report",
"related_acts": "",
"section_id": 81
},
{
"act_id": 326,
"details": "78. (1) Every sum certified to be due from any person by an auditor in his report under section 76, unless such certificate is modified or cancelled by the Government by an order made under section 77, and every sum due on a modified certificate, shall be paid by such person within sixty days after the service of a demand for the same issued by the Government. (2) If such payment is not made in accordance with the provisions of sub section (1), the sum payable shall be recoverable as a public demand under the 24* * * Public Demands Recovery Act, 1913.",
"name": "Sums certified due recoverable as public demand",
"related_acts": "",
"section_id": 82
},
{
"act_id": 326,
"details": "79. Where a decree for rent or any other relief claimed under or on behalf of a waqf is passed or such decree is executed by any Court, the decretal amount, if any, shall, unless an application for enrolment of the waqf has been made under section 47, be paid into the Court passing or executing the decree, as the case may be, and shall be kept in deposit by the Court until an application for enrolment of the waqf has been made under section 47 or the waqf has been exempted under section 5.",
"name": "Deposits of decretal amount in Court in certain waqf cases",
"related_acts": "",
"section_id": 83
},
{
"act_id": 326,
"details": "80. No suit, proceeding or appeal by or against a mutawalli as such in any Court shall be compromised without the prior approval of the Administrator and the sanction of the trying Court.",
"name": "Bar to compromise of suits, etc., without sanction of the Administrator",
"related_acts": "",
"section_id": 84
},
{
"act_id": 326,
"details": "81. (1) In every suit or proceeding in respect of any waqf property, or of a mutawalli as such, except a suit or proceeding for the recovery of rent by or on behalf of a mutawalli, the Court in which, or the Deputy Commissioner or other authority before whom, such suit or proceeding is instituted, shall issue notice to the Administrator along with a copy of the plaint or application, as the case may be, at the cost of the party instituting such suit or proceeding. (2) Before any waqf property is notified for sale in execution of a decree or order for the recovery of any dues other than a public demand under the 25* * * Public Demands Recovery Act, 1913, notice shall be given to the Administrator by the Court or other authority concerned under whose decree or order the sale is notified. (3) In the absence of a notice under sub section (1) any decree or order passed in the suit or proceeding shall be declared void irrespective of the description of the property as waqf property or otherwise in such suit or proceeding, if the Administrator, within four months of his coming to know of such suit or proceeding, applies in this behalf to the Court, Deputy Commissioner or other Authority concerned. (4) In the absence of a notice under sub section (2) the sale shall be declared void, irrespective of the description of the property as waqf property or otherwise in the proceedings for sale, if the Administrator, within four months of his coming to know of the sale, applies in this behalf to the Court or other authority under whose order the sale was held.",
"name": "Notice of suits, etc., to be given to the Administrator",
"related_acts": "",
"section_id": 85
},
{
"act_id": 326,
"details": "82. In any suit or proceeding in respect of a waqf or any waqf property, whether instituted or preferred before or after the commencement of this Ordinance, the Administrator may intervene and shall, on his application, be added as a party and shall be entitled to conduct or defend such suit or proceeding on behalf of and in the interest of the waqf.",
"name": "Administrator may be made a party to a suit or proceeding regarding a waqf on his application",
"related_acts": "",
"section_id": 86
},
{
"act_id": 326,
"details": "83. If there is no mutawalli or the mutawalli refuses or neglects to act in the matter, within a reasonable time, the Administrator may, in his own name, institute a suit or proceeding in a Court against a stranger to the waqf or any other person- (a)\tfor the establishment of right, title and interest in a waqf property, or (b) \tfor confirmation of possession in a waqf property, or (c) \tfor the recovery of any waqf property wrongfully possessed, alienated or leased, or (d) \tfor having any waqf property discharged of an encumbrance or obligation wrongfully created, or (e)\tfor the recovery of any money belonging to waqf, or (f)\tfor any other relief in the interest of a waqf he may consider necessary.",
"name": "Administrator may institute suit or proceeding regarding a waqf",
"related_acts": "",
"section_id": 87
},
{
"act_id": 326,
"details": "84. Where one of several beneficiaries- (a)\tjoins with the mutawalli in committing a breach of trust, or (b)\tknowingly gains any advantage therefrom without the consent of the other beneficiaries, or (c)\tbecomes aware of a breach of trust committed or intended to be committed and either actually conceals it or does not, within a reasonable time, take proper steps to protect the interest of the other beneficiaries, or (d) \thas deceived the mutawalli and thereby induced him to commit a breach of trust, he shall be liable to compensate the other beneficiaries for any loss caused to them by such breach.",
"name": "Breach of trust by a beneficiary",
"related_acts": "",
"section_id": 88
},
{
"act_id": 326,
"details": "85. Where any waqf property is acquired under the 26Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord. No. II of 1982), or any other law for the time being in force, the compensation money payable for such property shall be paid to the Administrator and shall be kept in deposit in the Waqf Fund till it is invested for the purposes stated in sub section (3) of section 74.",
"name": "Compensation for acquisition of waqf property to be paid to the Administrator",
"related_acts": "619",
"section_id": 89
},
{
"act_id": 326,
"details": "86. All costs and expenses incurred by the Administrator in connection with any suit or proceedings in respect of any waqf or any waqf property to which the Administrator is a party and all costs decreed against the Administrator by the Court, shall be payable out of the funds of such waqf.",
"name": "Cost in suits or proceedings",
"related_acts": "",
"section_id": 90
},
{
"act_id": 326,
"details": "Sections 87 to 94 were repealed by the Second Schedule of the East Pakistan Laws Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).",
"name": "87 to 94. Repealed by the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).",
"related_acts": "",
"section_id": 91
},
{
"act_id": 326,
"details": "95. Notwithstanding anything contained in sections 58 and 59 of the 27* * * State Acquisition and Tenancy Act, 1950, the functions of the Commissioner of Waqfs under sub section (4) of section 58 and sub section (4) of section 59 of that Act and the functions of the Deputy Commissioner under sub section (3) of section 58 and sub-sections (1), (2) and (3) of section 59 of that Act, in respect of compensation for waqfs al al aulad properties, shall, with effect from the date of coming into force of this Ordinance, be performed by the Administrator; and the cost referred to in sub section (3) of section 59 of that Act, shall be met from the Waqf Fund.",
"name": "Certain functions under East Bengal Act XXVIII of 1951 to be performed by the Administrator",
"related_acts": "",
"section_id": 92
},
{
"act_id": 326,
"details": "96. (1) Any sum of money payable by a mutawalli from the funds of a waqf to the Administrator under this Ordinance including any damage chargeable thereon and costs, if any, incurred, shall be recoverable as a public demand. (2) The Administrator shall forward to the Deputy Commissioner a requisition in the form prescribed under the 28* * * Public Demands Recovery Act, 1913, under his signature specifying the sum recoverable under this Ordinance as a public demand, and the Deputy Commissioner, on receipt of such requisition, shall proceed to recover the sum under the 29* * * Public Demands Recovery Act, 1913.",
"name": "Method of recovery of sums realisable as public demand",
"related_acts": "",
"section_id": 93
},
{
"act_id": 326,
"details": "97. Subject to the provisions of this Ordinance, the Administrator and every officer and servant of his office shall maintain secrecy about the particulars and all other information relating to a waqf which comes into his possession in his capacity as Administrator or as an officer or servant of his office.",
"name": "Administrator and every officer and servant to maintain secrecy about particulars of waqfs",
"related_acts": "",
"section_id": 94
},
{
"act_id": 326,
"details": "98. The Administrator, Deputy Administrator, Assistant Administrator, Inspector, Auditor and any other person appointed or authorised by the Administrator to do any act by or under this Ordinance shall be deemed to be a public servant within the meaning of section 21 of the 30* * * Penal Code, 1860.",
"name": "Administrator, Auditor, etc., to be deemed public servants",
"related_acts": "11",
"section_id": 95
},
{
"act_id": 326,
"details": "99. A notice or requisition under this Ordinance may be served on the persons named in the notice or requisition either by post or as a summons issued by a Court under the Code of Civil Procedure, 1908, or in such manner as may be prescribed by the rules.",
"name": "Service of notice or requisition",
"related_acts": "86",
"section_id": 96
},
{
"act_id": 326,
"details": "100. Any mutawalli or other person who is entitled to attend before the Administrator or any other officer subordinate to him in connection with any proceedings under this Ordinance may, with the permission of the Administrator or such other officer, as the case may be, attend either in person or through any person authorised by him in writing in that behalf.",
"name": "Attendance before Administrator may be either in person or by an agent",
"related_acts": "",
"section_id": 97
},
{
"act_id": 326,
"details": "101. No Court inferior to that of a Magistrate of the First Class shall try any offence punishable under this Ordinance.",
"name": "Trial of offences",
"related_acts": "",
"section_id": 98
},
{
"act_id": 326,
"details": "102. Except as otherwise expressly provided in this Ordinance, no decision or order of the Administrator shall be questioned in any suit or other proceeding in any Court.",
"name": "Bar to suits",
"related_acts": "",
"section_id": 99
},
{
"act_id": 326,
"details": "103. Except as otherwise expressly provided in this Ordinance, every order made and every action taken under this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any document, decree or order of any Court, deed, enactment or any instrument having effect by virtue of any such enactment other than this Ordinance.",
"name": "Effect of orders, etc., inconsistent with this Ordinance",
"related_acts": "",
"section_id": 100
},
{
"act_id": 326,
"details": "104. (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 all or any of the following matters, namely:- (a) \tthe exemptions of waqfs under section 4; (b)\tthe manner in which the net available income of a waqf shall be determined; (c)\tthe delegation of powers by the Administrator to Commissioners of Divisions, to Deputy Commissioners and to other persons; (d)\tthe preparation of schemes for administration of waqf property; (e)\tthe budgets, reports, accounts, returns or other information to be submitted by the Administrator; (f)\tthe appointment and remuneration of auditors for auditing the accounts of the Waqf Fund; (g)\tthe manner in which the accounts of the Waqf Fund shall be kept, audited and published and the form and contents of the auditors report; (h)\tthe payment of monies into the Waqf Fund and the investment, custody and disbursement of such monies; (i)\tthe regulation of functions of the Administrator and of the Committee referred to in sections 27 and 28; ( j)\tthe preparation of schemes of management and the allocation of incomes of shrines and dargahs and other religious institutions taken over by the Administrator under section 34; and (k) \tthe services of notices and requisitions under section 99. (3) All rules made under this section shall be published in the official Gazette.",
"name": "Power to Government to make rules",
"related_acts": "",
"section_id": 101
},
{
"act_id": 326,
"details": "105. (1) The administrator may, with previous sanction of the Government from time to time, make by laws as to- (a) \tthe time and place of meetings of the Committee; (b) \tthe business to be transacted at meetings; (c) \tthe period of notice of meetings and the manner in which such notice shall be given; (d) \tthe procedure and conduct of business at meetings; (e)\tthe books to be kept at the office of the Administrator; (f )\tthe manner in which the accounts of waqfs shall be kept and audited, the time and place of audit of accounts of waqfs and the form and contents of the auditor's report; (g)\tthe fees for inspection of proceedings and records of the Administrator and for copies of the same under section 45; (h)\tthe form of application for enrolment, the particulars to be contained therein, and the manner and place of enrolment of waqfs under section 47; (i)\tthe further particulars to be contained in the register of waqfs maintained under section 48; and ( j)\tthe form of, and the further particulars to be contained in, the statement of accounts under section 52. (2) All by laws made under this section shall be published in the official Gazette.",
"name": "Power to the Administrator to make by laws",
"related_acts": "",
"section_id": 102
}
],
"text": "An Ordinance to consolidate and amend the law relating to the administration and management of Waqf properties in Bangladesh.♣ WHEREAS it is expedient to consolidate and amend the law relating to the administration and management of Waqf properties in Bangladesh; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh 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, namely:-"
} |
{
"id": 327,
"lower_text": [
"1 Throughout this Ordinance, 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 section 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)",
"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)",
"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 “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 Prevention of Interference with Aids to Navigation Ordinance, 1962 (East Pakistan Ordinance)",
"num_of_sections": 6,
"published_date": "19th January, 1962",
"related_act": [
75,
11,
388,
430
],
"repelled": false,
"sections": [
{
"act_id": 327,
"details": "1. (1) This Ordinance may be called the 2* * * Prevention of Interference with Aids to Navigation Ordinance, 1962. (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": 327,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“aids to navigation” means marks, buoys, lights, bandals and other contrivances installed for conservancy of channels and aids to navigation by the Authority; (b)\t“Authority” means the Bangladesh Inland Water Transport Authority established under section 3 of the 3* * * Inland Water Transport Authority Ordinance, 1958; and (c) \t“mischief ” means mischief as defined in section 425 of the 4* * * Penal Code, 1860.",
"name": "Definitions",
"related_acts": "11",
"section_id": 2
},
{
"act_id": 327,
"details": "3. Whoever commits mischief by damaging, removing, tampering with or handling any of the aids to navigation, or by doing any act which renders any of the aids to navigation less useful as such, and whoever abets such mischief, shall be punished with imprisonment which may extend to three years, or with fine, or with both.",
"name": "Penalty for intentionally causing damage and tampering with aids to navigation",
"related_acts": "",
"section_id": 3
},
{
"act_id": 327,
"details": "4. (1) Whenever it appears to the Authority that any act causing or likely to cause wrongful damage to, or any act of wrongful removal of, any of the aids to navigation is repeatedly committed in any place, the Authority, or an officer authorised by the Authority in this behalf, may make a report to the District Magistrate within whose jurisdiction the offence has been committed. (2) On receipt of the report under sub section (1) the District Magistrate shall make, or cause to be made, such enquiries as he deems fit; and if the District Magistrate is satisfied as a result of such enquiry that the inhabitants of any local area are concerned in the repeated commission of any such acts or are in any way assisting persons in committing such acts, the District Magistrate may, by order in writing specifying the reasons for making such order, impose on the inhabitants of such area, a collective fine which may extend to one thousand 5taka or three times the value of all the aids to navigation lost or damaged by such acts, whichever is greater, and may apportion such fine among such inhabitants in proportion to their respective means. (3) Every order imposing a collective fine under sub-section (2) 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. (4) The District Magistrate may exempt any person or class or section of such inhabitants from liability to pay any portion of such fine. (5) The portion of such fine payable by any person may be recovered from him as a fine or as a public demand under the 6* * * Public Demands Recovery Act, 1913. (6) Every apportionment of collective fine made under sub section (2) shall be subject to revision by the Sessions Judge of the District on application made in that behalf to him by any persons affected by such apportionment within thirty days from the date on which such apportionment is made; and the decision of the Sessions Judge thereon shall be final. (7) The 7Government may, by order in writing, define the limits of the area for purposes of sub-section (2).",
"name": "Report to the District Magistrate regarding repeated damage, etc. and imposition of collective fines",
"related_acts": "",
"section_id": 4
},
{
"act_id": 327,
"details": "5. The District Magistrate may order that such fine or proportion thereof realised under section 3 or under section 4 be paid to the Authority, as he may deem fit under the circumstances.",
"name": "Payment of fine realised to Authority",
"related_acts": "",
"section_id": 5
},
{
"act_id": 327,
"details": "6. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, offences under this Ordinance shall, for the purposes of the said Code, be bailable and non cognizable.",
"name": "Offences under the Ordinance",
"related_acts": "75",
"section_id": 6
}
],
"text": "An Ordinance to provide for punishment for interfering with the marks, buoys, lights, etc. installed on the inland waterways in Bangladesh.1♣ WHEREAS it is expedient to provide for punishment of persons interfering with the aids to navigation installed on the inland waterways in Bangladesh for safe navigation; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh 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, namely"
} |
{
"id": 328,
"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 (g) 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 “area” was substituted for the words “local area” 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 Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"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 “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)"
],
"name": "The Agricultural Pests Ordinance, 1962 (East Pakistan Ordinance)",
"num_of_sections": 16,
"published_date": "24th February, 1962",
"related_act": [
11,
388,
430
],
"repelled": false,
"sections": [
{
"act_id": 328,
"details": "1. (1) This Ordinance may be called the 2* * * Agricultural Pests Ordinance, 1962. (2) It extends to the whole of Bangladesh. (3) It shall come into force in such areas and on such dates as the Government may, by notification in the official Gazette, specify.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 328,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“affected area” means any area affected by agricultural pests; (b) \t“agricultural pest” means a pest, insect or weed mentioned in the Schedules I, II, III and IV to this Ordinance; (c) \t“Deputy Commissioner” means the Deputy Commissioner of a district and such other officers as may be appointed by the Government to perform all or any of the functions of a Deputy Commissioner under this Ordinance; (d) \t“crops” include all agricultural or horticultural crops and all trees, bushes or plants; (e)\t“infested crop” means a crop affected by any agricultural pests; (f)\t“Inspector” means an officer appointed under this Ordinance to perform the functions of an Inspector; 3* * * (h) \t“occupier” means the person in actual possession of land and includes the manager or managing agent or bargadar or any other person authorised by the occupier; (i) \t“preventive measures” means the measures prescribed by the Government to eradicate and to prevent the spread of any agricultural pests; and (j) \t“prescribed” means prescribed by rules made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 328,
"details": "3. The Government may, by notification in the official Gazette, prohibit- (a) \tthe employment of such methods of cultivation as held the spread of agricultural pests either generally or with respect to any particular crop; or (b) \tthe transport or sale of any infested crop.",
"name": "Powers to prohibit, spread of agricultural pests, etc.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 328,
"details": "4. Every occupier of land in which any crop is cultivated shall be bound to carry out the preventive measures as may be prescribed in respect of such crop.",
"name": "Occupier to carry out preventive measures",
"related_acts": "",
"section_id": 4
},
{
"act_id": 328,
"details": "5. The Government may, by notification, appoint such person as it thinks fit to be Inspector for the purposes of this Ordinance within such 4area as may be specified in such notification.",
"name": "Appointment of Inspectors",
"related_acts": "",
"section_id": 5
},
{
"act_id": 328,
"details": "6. An Inspector appointed under section 5 may, subject to any rules made in this behalf by the Government,- (a) \tat any time enter and inspect any land, building, place, vessel or vehicle for the purpose of exercising the powers or performing the duties conferred or imposed on him by or under this Ordinance; (b) \tseize any infested crop and destroy or cause to be destroyed such crop in such manner as may be prescribed; (c) \tseize any infested crop or by a requisition in writing direct the occupier or the person in-charge of such crop not to sell or dispose of or pick or collect or move the seized crop from such place as may be specified in the requisition without the written permission or such authority as may be prescribed in this behalf.",
"name": "Powers of Inspector",
"related_acts": "",
"section_id": 6
},
{
"act_id": 328,
"details": "7. (1) Whenever an Inspector is satisfied that preventive measures have not been duly carried out by the occupier of any land he shall call upon such occupier by notice in writing to carry out such measures within fifteen days of the receipt of such notice. (2) The occupier may within seven days from the service upon him of the notice under sub-section (1) prefer an appeal to the Collector against such notice. (3) The authority before whom the appeal is preferred may extend the time specified in the notice issued under sub-section (1) and shall, after giving the occupier an opportunity of being heard, pass such order on the appeal as he thinks fit. (4) Every order passed under sub-section (3) shall be final.",
"name": "Notice to occupier to carry out preventive measures",
"related_acts": "",
"section_id": 7
},
{
"act_id": 328,
"details": "8. (1) If an occupier on whom a notice has been served under sub-section (1) of section 7 does not comply with such notice within the time specified therein or where an appeal has been preferred by him under sub-section (2) of that section, does not comply with the order passed on such appeal within seven days, the Inspector may carry out or cause to be carried out the preventive measures not undertaken, at the cost of the occupier and for such purpose may take with him or depute or employ such subordinates or other persons as he deems fit. (2) Where an Inspector has taken any action under this Ordinance in respect of any property at the expenses of a person bound to take such action, he may record a certificate indicating the amount of the cost and the person from whom such amount is recoverable and such amount shall be recoverable as a public demand under the 5* * * Public Demands Recovery Act, 1913.",
"name": "Powers of Inspectors to take preventive measures and to recover expenses incurred in connection therewith",
"related_acts": "",
"section_id": 8
},
{
"act_id": 328,
"details": "9. (1) Whenever it appears to the Government that the whole of Bangladesh or any part thereof is affected or threatened by an agricultural pest and that immediate action is necessary, the Government may, by notification in the official Gazette, declare the whole of Bangladesh or such area as affected area and take such remedial and preventive measures in respect of such area as may be necessary. (2) The Government may recover the whole or a part of the costs incurred in connection with the aforesaid remedial and preventive measures from the occupiers or land owners in the affected area or from the persons, who in its opinion, have benefited by such measures. (3) All such costs, if unpaid, shall be recoverable as public demand under the 6* * * Public Demands Recovery Act, 1913.",
"name": "Powers to declare affected area and to recover costs",
"related_acts": "",
"section_id": 9
},
{
"act_id": 328,
"details": "10. Whoever contravenes the provisions of section 3 shall be published for a first offence with fine which may extend to five hundred taka, and for every subsequent offence with imprisonment which may extend to three months or with fine which may extend to one thousand taka or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 10
},
{
"act_id": 328,
"details": "11. (1) Any person aggrieved by an order of seizure or destruction may, within seven days of such order, appeal to the Deputy Commissioner. (2) Any order passed on appeal under sub-section (1) and if no appeal is preferred, the order of the Inspector shall be final.",
"name": "Appeal",
"related_acts": "",
"section_id": 11
},
{
"act_id": 328,
"details": "12. The Government may, if it considers it expedient, by notification in the official Gazette, add to or exclude any agricultural pest from the Schedule to this Ordinance.",
"name": "Power to amend the Schedule",
"related_acts": "",
"section_id": 12
},
{
"act_id": 328,
"details": "13. An Inspector or any person empowered to perform any function under this Ordinance shall be deemed to be a public servant within the meaning of section 21 of the 7* * * Penal Code, 1860.",
"name": "Public servant",
"related_acts": "11",
"section_id": 13
},
{
"act_id": 328,
"details": "14. No suit, prosecution or other legal proceeding shall lie against an Inspector or any person acting under his order in respect of anything in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 14
},
{
"act_id": 328,
"details": "15. No prosecution under this Ordinance shall be instituted except on the complaint in writing of the Deputy Commissioner stating the facts constituting the offence.",
"name": "Jurisdiction",
"related_acts": "",
"section_id": 15
},
{
"act_id": 328,
"details": "16. (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 all or any of the following matters, namely :- (a)\tpreventive measures for the eradication and prevention of the spread of any agricultural pests; (b) \tthe manner in which an Inspector may exercise his powers; (c) \tthe form of requisition and notices and the manner in which such requisition and notice may be served; (d)\tthe authority which may release seizure imposed under the Ordinance; (e) \tthe manner in which costs shall be assessed and paid; and (f) \tany other matter required to be specified by this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 16
}
],
"text": "An Ordinance to provide for the prevention of the spread of agricultural pests in Bangladesh.1♣ WHEREAS it is expedient to provide for the prevention of the agricultural pests 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": 329,
"lower_text": [
"1 Throughout this Ordinance, 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 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 5 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"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)",
"7 The words “The President of the People’s Republic of Bangladesh ” were substituted for the words “The Governor of East Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 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)",
"9 The words “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)",
"10 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)",
"11 The words, figures and commas “or for any particular purpose for which the corpus or income of the property vested in it under section 8 may be applied under the provisions of section 10, and,” 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 Society for the Prevention of Cruelty to Animals Ordinance, 1962 (East Pakistan Ordinance)",
"num_of_sections": 17,
"published_date": "19th May, 1962",
"related_act": [
115,
388,
430
],
"repelled": false,
"sections": [
{
"act_id": 329,
"details": "1. (1) This Ordinance may be called the 2* * * Society for the Prevention of Cruelty to Animals Ordinance, 1962. (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": 329,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“animal” means any domestic or captured animal except poultry; (b) \t“Branch Society” means the Branch of the 3* * * Society for the Prevention of Cruelty to Animals for a district constituted under section 11; and (c) \t“Society” means the 4* * * Society for the Prevention of Cruelty to Animals constituted under section 3.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 329,
"details": "3. (1) There shall be constituted a Society to be known as “the 6* * * Society for the Prevention of Cruelty to animals”. (2) 7The President of the People's Republic of Bangladesh shall be the Chairman of the Society and the first members thereof shall be appointed either by name or by office by the Government. (3) The headquarters of the Society shall be at Dacca.",
"name": "Constitution of the * * * Society for the Prevention of Cruelty to Animals",
"related_acts": "",
"section_id": 3
},
{
"act_id": 329,
"details": "4. The first members of the Society and all persons who may hereafter become members thereof so long as they continue so to be, shall be a body corporate under the name of the 8* * * Society for the Prevention of Cruelty to Animals, and the said body shall have perpetual succession and a common seal with powers to hold and acquire property, movable or immovable, and shall sue and be sued by the said name.",
"name": "Incorporation",
"related_acts": "",
"section_id": 4
},
{
"act_id": 329,
"details": "5. Subject to the provisions of this Ordinance, and of the Bengal Cruelty to Animals Act, 1920, the functions of the Society shall include, (a) \tthe exercise of such powers as may be delegated to it under section 30 of the Bengal Cruelty to Animals Act, 1920; (b)\tthe arrangement for the proper treatment and care of animals; (c) \tthe education of the general public in the proper care, treatment and destruction of animals; and (d) \tthe exercise of such powers and performance of such duties as may be prescribed by rules.",
"name": "Functions of the Society",
"related_acts": "115,115",
"section_id": 5
},
{
"act_id": 329,
"details": "6. (1) Until such time as an Executive Committee of the Society is constituted in accordance with the regulations made under section 7, the Executive Committee shall consist of such persons from among the members of the Society as may be nominated by the Government. (2) The Government may nominate as office-bearers of the first Executive Committee such persons as it may select for the purpose: Provided that the Government may reconstitute the first Executive Committee as and when it is deemed necessary.",
"name": "Appointment of Executive Committee",
"related_acts": "",
"section_id": 6
},
{
"act_id": 329,
"details": "7. The first Executive Committee shall, subject to the previous approval of the Government, make regulations for the management, control and procedure of the Society. Such regulations may, among other matters, provide for the following, namely:- (a)\tthe conditions of membership of the Society; (b)\tthe constitution and functions of the Executive Committee; and (c)\tthe regulation of the procedure generally of the Society and the Executive Committee.",
"name": "Power to make regulation",
"related_acts": "",
"section_id": 7
},
{
"act_id": 329,
"details": "8. Dissolution and transfer of property of the E.P. Society for the Prevention of Cruelty to Animals, Dacca.- 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": 8
},
{
"act_id": 329,
"details": "9. (1) There shall be a fund to be known as the Society Fund which shall vest in and be administered by the Society. (2) The Society Fund shall consist of- (a) grants and subsidies from Government, Local Authorities and other bodies; (b) donations from the public; (c) subscriptions from members; and (d) contributions from Branch Societies.",
"name": "Fund",
"related_acts": "",
"section_id": 9
},
{
"act_id": 329,
"details": "10. The funds of the Society may be applied to all or any of the following purposes, namely:- (a)\tthe acquisition of lands, buildings and other properties necessary for the proper working of the Society; (b)\tthe payment of establishment charges, contingent charges and all other working charges of the Society; (c)\tthe meeting of all expenses that are necessary for the proper discharge of the functions of the Society under this Ordinance; and (d)\tthe making of grants to the Branch Societies when considered necessary.",
"name": "Purposes to which the funds of the society may be applied",
"related_acts": "",
"section_id": 10
},
{
"act_id": 329,
"details": "11. (1) There shall be a branch of the 9* * * Society for the Prevention of Cruelty to Animals for every district 10* * *. (2) The Deputy Commissioner of the district shall be the Chairman of the Branch Society, and the first members thereof shall be appointed either by name or by office by the Deputy Commissioner.",
"name": "Branch Society",
"related_acts": "",
"section_id": 11
},
{
"act_id": 329,
"details": "12. Distribution of income among Branch Societies.- 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": 12
},
{
"act_id": 329,
"details": "13. The Executive Committee of the Society shall have authority to determine in all cases what matters properly fall within the scope of section 10, and its decision in all such matters shall be binding on all the Branch Societies.",
"name": "Decision of Executive Committee as to purposes final",
"related_acts": "",
"section_id": 13
},
{
"act_id": 329,
"details": "14. The Executive Committee of the Society may also receive and hold gifts of whatever description either for the general purposes of the Society, and 11* * * on receipt of such gifts, may, subject to such conditions as may be prescribed, apply the same to such purposes either directly or through the Branch Societies.",
"name": "Receipt and use of gifts",
"related_acts": "",
"section_id": 14
},
{
"act_id": 329,
"details": "15. Subject to the provisions of this Ordinance and the rules made thereunder, and subject to the regulations of the Society made under section 7, each Branch Society shall have all powers to regulate its own procedure and constitution, to receive gifts and donations, and to expend all monies received by it for its purposes: Provided that 10 per cent of cash donations received by any Branch Society for any of the objects set out in section 10 shall be placed at the disposal of the Executive Committee of the Society to be applied by it for the general purposes of the Society.",
"name": "Powers of Branch Societies",
"related_acts": "",
"section_id": 15
},
{
"act_id": 329,
"details": "16. (1) The accounts of the Society and of the Branch Societies shall be audited annually by an Auditor to be appointed by the Executive Committee of the Society with the prior approval of the Government. (2) The Society and the Branch Societies shall produce all accounts, books and connected documents and furnish such other information and explanations as the Auditor or any officer authorised by him in this behalf may require at the time of the audit. (3) A statement of accounts audited by the Auditor referred to in sub section (1), and containing such particulars as may be prescribed by rules shall be furnished to the Government as soon as possible after the end of every financial year. (4) The Government shall examine the Auditor's Report and take such action thereon as it may deem fit.",
"name": "Audit",
"related_acts": "",
"section_id": 16
},
{
"act_id": 329,
"details": "17. (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 powers, such rules may provide for all or any of the following matters, namely:- (a)\tthe powers and duties to be exercised and performed by the Society; (b) \tthe distribution of the income of the Society amongst the Branch Societies; (c) \tthe application of gifts received by the Executive Committee of the Society; (d) \tthe audit of the accounts of the Society and of the Branch Societies; and (e) \tthe extent and control of the supervision of the Branch Societies by the Society.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 17
}
],
"text": "An Ordinance for the constitution of the Bangladesh Society for the Prevention of Cruelty to Animals.1♣ WHEREAS it is expedient to constitute a * * * Society for the Prevention of Cruelty to Animals, for the purpose and in the manner hereinafter appearing; 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 is pleased to make and promulgate the following Ordinance, namely:-"
} |
{
"id": 330,
"lower_text": [
"1 Throughout this Ordinance, 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 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 (a) was substituted by section 3 of the Registration of Private Schools (Amendment) Act, 1989 (Act No. XVIII of 1989)",
"4 Clause (bb) was inserted by section 2 of the Registration of Private Schools (Amendment) Act, 2001 (Act No. III of 2001)",
"5 e word “Secondary” was substituted for the word “High” by section 3 of the Registration of Private Schools (Amendment) Act, 1989 (Act No. XVIII of 1989)",
"6 ause (d) was substituted by section 3 of the Registration of Private Schools (Amendment) Act, 1989 (Act No. XVIII of 1989)",
"7 ause (dd) was inserted by section 2 of the Registration of Private Schools (Amendment) Act, 2001 (Act No. III of 2001)",
"8 Clauses (g) and (h) were substituted by section 3 of the Registration of Private Schools (Amendment) Act, 1989 (Act No. XVIII of 1989)",
"9 e words, letter and commas “institution including “O” and “A” level, Nursery, Junior Cambridge, Senior Cambridge, International Baccalaureate or equivalent institution established ” were substituted for the words “institution established” by section 2 of the Registration of Private Schools (Amendment) Act, 2001 (Act No. III of 2001)",
"10 e words “and higher secondary education” were inserted by section 2 of the Registration of Private Schools (Amendment) Act, 2001 (Act No. III of 2001)",
"11 e words “and includes “O” level of any foreign educational institution and equivalent thereof” were inserted by section 2 of the Registration of Private Schools (Amendment) Act, 2001 (Act No. III of 2001)",
"12 The words “the concerned Board” were substituted for the words “the Board” by section 4 of the Registration of Private Schools (Amendment) Act, 1989 (Act No. XVIII of 1989)",
"13 The words “National Curriculum and Text Book Board” were substituted for the words “East Pakistan School Text Book Board” by section 4 of the Registration of Private Schools (Amendment) Act, 1989 (Act No. XVIII of 1989)",
"14 Sub-section (3) was substituted by section 3 of the Registration of Private Schools (Amendment) Act, 2001 (Act No. III of 2001)",
"15 The words “ten thousand” were substituted for the words “one thousand” by section 4 of the Registration of Private Schools (Amendment) Act, 2001 (Act No. III of 2001)",
"16 The word “taka” was substituted for the word “rupees” by section 5 of the Registration of Private Schools (Amendment) Act, 1989 (Act No. XVIII of 1989)"
],
"name": "The Registration of Private Schools Ordinance, 1962 (East Pakistan Ordinance)",
"num_of_sections": 11,
"published_date": "6th June, 1962",
"related_act": [
388
],
"repelled": false,
"sections": [
{
"act_id": 330,
"details": "1. (1) This Ordinance may be called the 2* * * Registration of Private Schools Ordinance, 1962. (2) It extends to the whole of Bangladesh. (3) It shall come into force on such date or dates and in such area or areas as the Government may, by notification in the official Gazette, appoint and specify.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 330,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- 3(a)\t “Appellate Authority” means- (i)\tin respect of an order made by the Divisional Deputy Director, the Director General, Directorate of Primary Education; (ii)\tin respect of an order made by the Regional Deputy Director, the Director General, Directorate of Secondary and Higher Education; and (iii)\tin other cases, the Government; (b)\t“children” means boys and girls above the age of four and below the age of eighteen receiving instructions at any stage of education; 4(bb) \t“higher secondary education” means education pertaining to classes XI and XII and includes courses equivalent to “A” level of any foreign educational institution; (c)\t“Junior 5Secondary School education” means education pertaining to Classes VI, VII and VIII and includes a course of study for Junior Cambridge Examination; 6(d) \t“local council” means a Union Parishad, Upazila Parishad, Paurashava, Zila Parishad and a Municipal Corporation; 7(dd) \t“nursery” means and includes Child-Care, Day-Care, Mother-Care or any other Centre, by whatever name called, imparting education to boys and girls not exceeding the age of 6 years; (e)\t“prescribed” means prescribed by rules made under this Ordinance; (f)\t“primary education” means education pertaining to Classes I, II, III, IV and V and includes all courses of study in the Nursery, Preparatory and Kindergarten Schools; 8(g)\t“private school” means any 9institution including “O” and “A” level, Nursery, Junior Cambridge, Senior Cambridge, International Baccalaureate or equivalent institution established and run by a person or body of persons, not being the Government or a local council for the purpose of imparting organised instruction to ten or more children at a time, but shall not include an institution which is recognised by the Government or a Board of Intermediate and Secondary Education or other prescribed authority; (h)\t“Registering Authority” means- (i) \tin the case of private schools imparting secondary education 10and higher secondary education, the concerned Board of Intermediate and Secondary Education or other prescribed authority; (ii)\tin the case of private schools imparting Junior Secondary School Education, the Directorate General, Directorate of Secondary and Higher Education, or the Regional Deputy Director, if so authorised by the Director General, Directorate of Secondary and Higher Education; and (iii)\tin the case of private schools imparting primary education, the Director General, Director of Primary Education or the Divisional Deputy Director, if so authorised by the Director General, Directorate of Primary Education, and (i) \t“secondary education” means education pertaining to Classes IX and X and includes courses of study for Senior Cambridge and Cambridge School Certificate Examinations 11and includes “O” level of any foreign educational institution and equivalent thereof.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 330,
"details": "3. No private school shall be established or run except in accordance with the provisions of this Ordinance.",
"name": "Prohibition against establishing or continuing a private school without registration",
"related_acts": "",
"section_id": 3
},
{
"act_id": 330,
"details": "4. (1) Any person intending to establish a private school and any person intending that a private school already in existence should be continued as such, shall make an application to the Registering Authority in the prescribed form accompanied by the prescribed registration fee. (2) The Registering Authority, on receipt of the application, shall make such enquiries as he considers necessary in order to satisfy himself- (a) \tthat the buildings and premises will provide adequate facilities with due regard to hygiene; (b) \tthat the staff will be qualified, adequate and adequately paid according to prescribed standards; (c) \tthat the fees charged will not be disproportionate to the facilities provided and will not exceed prescribed limits; (d) \tthat there is no reason to believe that the institution will be run in an undesirable manner or by undesirable persons; (e) \tthat the school follows a curriculum approved by 12the concerned Board of Intermediate and Secondary Education or other prescribed authority; and (f) \tthat no book which has not been approved by the 13National Curriculum and Text Book Board or which has not been published and printed by it, is prescribed for study in the school. 14(3) If the Registering Authority, after enquiry within ninety days of the making of the application under sub-section (1), is satisfied in respect of the matters set out in sub-section (2), he shall proceed to give registration in the prescribed manner. (4) Omitted by section 3 of the Registration of Private Schools (Amendment) Act, 2001 (Act No. III of 2001). (5) The person or persons to whom a certificate is granted shall be responsible for due compliance of the provisions of this Ordinance and the rules made thereunder and the terms and conditions, if any, on which the certificate is granted.",
"name": "Application for registration",
"related_acts": "",
"section_id": 4
},
{
"act_id": 330,
"details": "5. (1) A private school, not already in existence, shall be established only after a certificate has been granted under sub section (3) of section 4: Provided that such school may be established and run after an application for registration under sub-section (1) of section 4 has been made till the disposal of such application, but shall be closed down immediately if the certificate under sub section (3) of that section is refused. (2) A private school already in existence in respect of which an application under sub section (1) of section 4 has been made within sixty days of the coming into force of this Ordinance may continue pending the disposal of the application, but shall close down immediately if the certificate under sub section (3) of that section is refused. (3) A private school, already in existence, in respect of which no application under sub section (1) of section 4 has been made within a period of sixty days next after the coming into force of this Ordinance, shall not continue after the expiry of that period.",
"name": "Establishment and continuance of private schools",
"related_acts": "",
"section_id": 5
},
{
"act_id": 330,
"details": "6. A certificate issued under sub section (3) of section 4 may be suspended or cancelled by the Registering Authority if there is a contravention of any of the provisions of this Ordinance or the rules made thereunder or any of the terms and conditions imposed under sub section (3) of section 4.",
"name": "Suspension or cancellation of certificate",
"related_acts": "",
"section_id": 6
},
{
"act_id": 330,
"details": "7. If the Registering Authority refuses to grant a certificate under sub section (3) of section 4, or suspends or cancels under section 6, a certificate so granted, the applicant or the holder of the certificate may, within thirty days from the date of order of the Registering Authority, prefer an appeal to the Appellate Authority, and the Order passed by the Appellate Authority shall be final and given effect to by the Registering Authority.",
"name": "Appeal",
"related_acts": "",
"section_id": 7
},
{
"act_id": 330,
"details": "8. The Government may, by notification in the official Gazette, make rules to give effect to the provisions of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 8
},
{
"act_id": 330,
"details": "9. Whoever wilfully contravenes any of the provisions of this Ordinance or the rules made thereunder or the conditions imposed under sub section (3) of section 4 shall be punishable with imprisonment for a term which may extend to one year, or fine which may extend to 15ten thousand 16taka, or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 9
},
{
"act_id": 330,
"details": "10. No Court shall take cognizance of an offence under this Ordinance except upon complaint in writing made by an Officer authorised by the Government in this behalf.",
"name": "Cognizance of offence",
"related_acts": "",
"section_id": 10
},
{
"act_id": 330,
"details": "11. (1) The Government, if it thinks fit, may by notification in the official Gazette, exempt any class of private schools from the operation of this Ordinance. (2) The Government, if it thinks fit may, on application, exempt any private school from the operation of this Ordinance.",
"name": "Power to exempt",
"related_acts": "",
"section_id": 11
}
],
"text": "An Ordinance to provide for the registration of private schools in Bangladesh.1♣ ♠ WHEREAS, in order to supervise and regulate the working of private schools in Bangladesh, it is expedient to provide for registration of such schools; 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 is pleased to make and promulgate the following Ordinance, namely:-"
} |
{
"id": 331,
"lower_text": [],
"name": "The Diplomatic Immunities (Conferences with Commonwealth Countries) Act, 1963",
"num_of_sections": 6,
"published_date": "3rd April, 1963",
"related_act": [
331
],
"repelled": false,
"sections": [
{
"act_id": 331,
"details": "1. (1) This Act may be called the Diplomatic Immunities (Conferences with Commonwealth Countries) Act, 1963. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "331",
"section_id": 1
},
{
"act_id": 331,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“envoy” means the envoy of a foreign sovereign power duly accredited in Bangladesh; (b)\t“list” means a list compiled and published under section 4, and includes any amendment of such list; (c)\t“official staff” means officials employed directly under the orders of a representative included in a list; (d)\t“Secretary” means the Secretary to the Government of Bangladesh in the Ministry concerned with the convening or sponsoring of a conference.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 331,
"details": "3. If the Government is satisfied that the Government of any country within the Commonwealth has made provision for extending to the representatives of the Government of Bangladesh attending conferences in that country and their official staff immunities similar to those provided for in this Act, it may, by notification in the official Gazette, declare that this Act applies to such country, and thereupon the provisions of this Act shall, during the period such notification remains in force, apply accordingly.",
"name": "Application of Act reciprocal",
"related_acts": "",
"section_id": 3
},
{
"act_id": 331,
"details": "4. (1) Where a conference is held in Bangladesh and is attended by representatives of the Government of Bangladesh and of the Government or Governments of one or more countries to which this Act applies, the Secretary shall compile, and cause to be published in the official Gazette, a list of the representatives of such Government or Governments and members of their official staffs, showing separately- (a)\tthe representatives; and (b)\tthe members of the official staffs- (i)\twho are not citizens of Bangladesh, or who are not deemed to be such citizens; and (ii)\twho are, or are deemed to be, such citizens. (2) Whenever it appears to the Secretary that any person ceases or begins to be qualified for inclusion in a list, he may amend the list and cause the amendment, or, if he thinks fit, an amended list, to be published in the official Gazette. (3) Every list or amendment published under this section in relation to any conference shall include a statement of the date from which the list or amendment takes or took effect.",
"name": "Compilation and Publication of lists",
"related_acts": "",
"section_id": 4
},
{
"act_id": 331,
"details": "5. (1) Every representative who is for the time being included in a list shall, subject to the provisions of sub-section (3), 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. (2) Every member of the official staff who is for the time being included in a list shall, subject to the provisions of sub-section (3), be entitled to the immunity from suit and legal process to which he would be entitled if the representative under whose orders he is employed were an envoy. (3) Where a representative or a member of an official staff is or is deemed to be a citizen of Bangladesh, he shall not, except in respect of things done or omitted to be done in the course of the performance of his duties as such representative or member, be entitled to the immunity mentioned in sub-section (1) or, as the case may be, sub-section (2).",
"name": "Diplomatic Immunities of Commonwealth Representatives attending Conferences in Bangladesh",
"related_acts": "",
"section_id": 5
},
{
"act_id": 331,
"details": "6. If any question arises as to whether any person is or was included or not included at any time among the persons entitled to any immunity under this Act, the official Gazette containing the list, as effective for the time being, shall be conclusive proof of the fact that the person is or was so included or not so included.",
"name": "List to be conclusive proof of right to Immunities",
"related_acts": "",
"section_id": 6
}
],
"text": "An Act to provide for conferring certain immunities on Representatives of Governments of Commonwealth countries attending conferences in Bangladesh and on their official staffs.♣ WHEREAS it is expedient to provide for conferring certain immunities on representatives of Governments of Commonwealth countries attending conferences in Bangladesh and on their official staffs;"
} |
{
"id": 332,
"lower_text": [
"1 Throughout this Act, the words “ Bangladesh”, “Government” and “Taka” were substituted for the words “Pakistan”, “Central Government” and “rupees” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 Clause (a) was omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The comma and words “, any Provincial Government” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words “or of any Provincial Government” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words “or the Provincial Government” 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 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 “Pakistan” was omitted by Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)"
],
"name": "The Cantonments Rent Restriction Act, 1963",
"num_of_sections": 32,
"published_date": "27th April, 1963",
"related_act": [
388,
133,
75,
332,
430,
86
],
"repelled": false,
"sections": [
{
"act_id": 332,
"details": "1. (1) This Act may be called the Cantonments Rent Restriction Act, 1963. (2) It extends to all the cantonments in Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "332",
"section_id": 1
},
{
"act_id": 332,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“building” means any building or part of a building, whether residential or not, together with all fittings and fixtures therein, if any, and includes any gardens, grounds, garages and outhouses attached or appurtenant to such building or part, and vacant land, but does not include any place of religious worship; (b)\t“Cantonment Board” means a Cantonment Board constituted under the Cantonments Act, 1924; (c) \t“commercial building” means a building used solely for the purposes of business or trade; (d)\t“Controller” means a Controller of Rents appointed by the Government under sub-section (1) of section 6 and includes an Additional Controller of Rents appointed under sub-section (2) of that section; (e)\t“family” of a person means and includes a husband, wife, children, dependent parents, dependent brothers, unmarried or widowed sisters and a deceased son's widow and children residing with, and wholly dependent upon, that person; (f) \t“a house” is said to be in a state of reasonable repair, when- (i)\tall floors, walls, pillars, arches and roofs are sound and watertight, (ii)\tall doors and windows are intact, properly painted or oiled, and provided with proper hooks or bolts or other necessary fastenings, (iii)\tall rooms, outhouses and appurtenant buildings are properly colour-washed or white-washed, and (iv)\tall electric, water and sanitary fittings, if any, are properly maintained and are safe, sound and without leakage; (g)\t“Landlord” means any person for the time being entitled to receive rent in respect of any building whether on his own account or on behalf or for the benefit of any other person, or as a trustee, guardian or receiver and includes a tenant who, being authorised under the terms of his lease so to do, sublets the building and every other person for the time being deriving title from the landlord; (h) \t“prescribed” means prescribed by rules made under this Act; (i)\t“residential building” means any building used for the purposes of residence and includes a hostel, boarding-house and residential hotel; and (j)\t“tenant” means any person who undertakes or is bound to pay rent as consideration for the possession or occupation of a building by him or by any other person on his behalf, and includes:- (i)\tany person who continues to be in possession or occupation of the building after the termination of his tenancy; and (ii)\tin the event of the death of the tenant, his heirs and successors and after the termination of the tenancy, his heirs and successors who continue to be in possession or occupation of the building.",
"name": "Definitions",
"related_acts": "133",
"section_id": 2
},
{
"act_id": 332,
"details": "3. Nothing contained in this Act shall apply to- 2* * * (b)\tany property owned by the Government 3* * *, Railway, Port Trust or Cantonment Board and any property owned, managed or controlled by any other local authority under the administrative control of the Government 4 * * *.",
"name": "3. \tAct not to apply to certain buildings",
"related_acts": "",
"section_id": 3
},
{
"act_id": 332,
"details": "4. The Government may, by notification in the official Gazette, direct that all or any of the provisions of this Act shall not apply to any cantonment or to any particular building or class of buildings or to buildings in any specific area.",
"name": "Power of exemption",
"related_acts": "",
"section_id": 4
},
{
"act_id": 332,
"details": "5. The provisions of this Act and any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in any instrument or document.",
"name": "Act to override other laws",
"related_acts": "",
"section_id": 5
},
{
"act_id": 332,
"details": "6. (1) The Government may, for purposes of this Act, by notification in the official Gazette, appoint a person to be the Controller of Rents for one or more cantonments. (2) The Government may also, by notification in the official Gazette, appoint a person to be the Additional Controller of Rents for one or more cantonments.",
"name": "Appointment of Controller",
"related_acts": "",
"section_id": 6
},
{
"act_id": 332,
"details": "7. (1) The Controller shall, on application by the tenant or landlord of a building, fix the fair rent of such building after holding such inquiry as he may think fit. (2) The fair rent shall be fixed after taking into consideration the following factors, namely:- (a) \tin the case of a building which was in existence before the 1st July, 1961, the rent of that building during the twelve months immediately preceding that date and where that building was not let out during the said period the rent prevailing in the locality during that period for buildings having similar accommodation, amenities, conveniences, facilities and environment; or (b)\tin the case of a building completed on or after the 1st July, 1961, the rent at which such building is first let out within twelve months of its completion, and where that building is not let out during the said period, the rent prevailing in the locality during that period for buildings having similar accommodation, amenities, conveniences, facilities and environment; and (c) the annual value of the building as assessed by the Cantonment Board under the provisions of the Cantonments Act, 1924, relating to the period mentioned in clause (a) or clause (b). (3) In fixing the fair rent of a building, the Controller shall also take into consideration the fixtures of the buildings, such as lifts and electric and other fittings, the rise and fall of the costs of construction and repairs and the imposition, abolition, enhancement or reduction of taxes since the 1st July, 1961. (4) In working out the depreciation of a building, the Controller shall take into consideration the location, climatic conditions, the nature of materials used in its construction, and the attention paid to its regular maintenance. (5) On and from such date as the Government may, by notification in the official Gazette, appoint in this behalf, the Controller shall not entertain any application under sub-section (1) after the expiry of one hundred and twenty days- (a)\tfrom the said date, where the building has been occupied by the tenant since before the said date; and (b)\tfrom the date of the occupation of the building by the tenant, in any other case.",
"name": "Determination of fair rent",
"related_acts": "133",
"section_id": 7
},
{
"act_id": 332,
"details": "8. (1) Where the fair rent of a building has once been fixed under section 7, it shall not be increased with or without the consent of the tenant unless some addition, improvement or alteration otherwise than by way of ordinary or usual repairs has been made in the building at the landlord's expense and, if the building be in the occupation of a tenant, at the tenant's request in writing, or unless a new tax has been imposed or an existing tax has been increased. (2) Every dispute between a landlord and his tenant relating to the increase of rent under sub-section (1) shall be decided by the Controller: Provided that the Controller shall in no case allow any increase beyond seven and a half per centum of the cost of the addition, improvement or alteration made in the building, or beyond the amount of the additional tax payable by the land lord, as the case may be.",
"name": "Increase of fair rent in certain cases",
"related_acts": "",
"section_id": 8
},
{
"act_id": 332,
"details": "9. Save as provided in section 8, where the fair rent of a building has been fixed under section 7 the landlord shall not claim or receive any premium or other like sum in addition to fair rent, or any rent in excess of such fair rent and any agreement or contract stipulating payment of any such premium, sum or excess rent shall to the extent of such stipulation be void: Provided that nothing in this section shall affect any stipulation for or payment of advance rent for not exceeding three months.",
"name": "Landlord not to claim anything in excess of fair rent",
"related_acts": "",
"section_id": 9
},
{
"act_id": 332,
"details": "10. No landlord shall, in consideration of the grant, renewal or continuance of a tenancy of any building, require the payment of any fine, premium or any other like sum in addition to the rent.",
"name": "Fine or premium not to be charged for grant, renewal or continuance of tenancy",
"related_acts": "",
"section_id": 10
},
{
"act_id": 332,
"details": "11. Where, after the commencement of this Act, any sum not payable by a tenant under this Act has been paid by him, it may at any time within four months of the date of such payment be recovered by the tenant and may, without prejudice to any other mode of recovery be deducted by the tenant from the rent payable by him to the landlord.",
"name": "Moneys which should not have been paid may be recovered",
"related_acts": "",
"section_id": 11
},
{
"act_id": 332,
"details": "12. Notwithstanding anything contained in any other law for the time being in force or in any agreement, the tenant shall be bound to pay the taxes due in respect of the building to the Cantonment Board, as required by section 65 of the Cantonments Act, 1924, by making deductions from the rent payable by him.",
"name": "Tenant to pay taxes",
"related_acts": "133",
"section_id": 12
},
{
"act_id": 332,
"details": "13. (1) No landlord shall, without just or sufficient cause cut off or withhold any of the amenities enjoyed by the tenant. (2) A tenant in occupation of a building may, if the landlord has contravened the provisions of this section, make an application to the Controller complaining of such contravention. (3) If the Controller, on inquiry finds that the tenant has been in enjoyment of the amenities and that they were cut off or withheld by the landlord without just or sufficient cause, he shall make an order directing the landlord to restore such amenities, or authorising the tenant to provide the same and to incur such expense thereon as the Controller may specify, and any sum so spent by the tenant shall be adjustable against the rent payable by the tenant in respect of that building.",
"name": "Landlord not to interfere with amenities enjoyed by the tenant",
"related_acts": "",
"section_id": 13
},
{
"act_id": 332,
"details": "14. No person shall convert a residential building into a commercial building or vice versa, except with the permission in writing of the Controller.",
"name": "Restriction of conversion of residential buildings into commercial buildings and vice versa",
"related_acts": "",
"section_id": 14
},
{
"act_id": 332,
"details": "15. If a landlord fails to keep a building in a state of reasonable repairs, or to make such repairs thereto, not being structural alterations, as may from time to time be necessary, it shall be competent for the Controller to direct, on application by the tenant, and after such inquiry as the Controller may think necessary that such repairs may be made by the tenant, and the cost thereof deducted from the rent payable by him: Provided that nothing in this section shall enable the tenant to spend on repairs any amount exceeding three months' rent unless the Controller after making necessary inquiry is satisfied that such repairs are essential to render the building fit for occupation: Provided further that where under the terms of the agreement of tenancy, a tenant is authorised to make repairs at the expense of the landlord no application under this section shall be necessary.",
"name": "Failure by landlord to make necessary repairs",
"related_acts": "",
"section_id": 15
},
{
"act_id": 332,
"details": "16. (1) Where a local authority, in exercise of its functions under any law directs a landlord to make certain specified repairs to his building and the landlord fails to comply therewith, the tenant may at the direction of the local authority make such repairs. (2) Where a tenant makes any repairs in pursuance of a direction given under sub-section (1), he shall within three months of the completion of repairs submit to the local authority an account of the costs incurred by him, on such repairs and the local authority shall, after due verification, certify such costs, whereupon the tenant shall become entitled to deduct the amount of certified cost from the rent payable by him.",
"name": "Reimbursement of expenses incurred on repairs under orders of a local authority",
"related_acts": "",
"section_id": 16
},
{
"act_id": 332,
"details": "17. (1) After the commencement of this Act, no tenant, whether before or after the termination of his tenancy, shall be evicted from the building in his possession or occupation in execution of a decree passed after such commencement, except in accordance with the provisions of this section. (2) A landlord who seeks to evict his tenant shall apply to the Controller for an order in that behalf, and the Controller may after giving the tenant a reasonable opportunity of showing cause against the application, make an order directing the tenant to put the landlord in possession, if he is satisfied that- (i) \tthe tenant has not paid or tendered the rent to the landlord within fifteen days of the expiry of the time fixed in the agreement of tenancy for payment of rent, or in the absence of such agreement, within sixty days following the period for which the rent is due; or (ii) \tthe tenant has, without the written consent of the landlord,- (a)\ttransferred his right under lease or sublet the building or any portion thereof; or (b)\tused the building for a purpose other than that for which it was leased; or (iii)\tthe tenant has committed such acts as are likely to materially impair the value, look or utility of the building; or (iv)\tthe acts and conduct of the tenant have been a nuisance to the occupiers of buildings in the neighbourhood; or (v)\twhere the building is situated in a place other than a hill station, the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause; or (vi)\tthe landlord intends to demolish the building for constructing a new building on the same site and has already obtained the necessary sanction for such construction from the Cantonment Board: Provided that the Controller may give the tenant a reasonable time for putting the landlord in possession of the building and may extend such time so as not to exceed three months in the aggregate. Explanation.- For the purpose of clause (i) the rent remitted by money order to the landlord or in case the landlord refuses to accept the rent deposited in the office of the Controller having jurisdiction in the area where the building is situated, shall be deemed to have been duly tendered. (3) If the Controller is not satisfied as aforesaid he may make an order rejecting the application. (4) A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession,- (a) \tin the case of a residential building, if- (i) \the requires it in good faith for his own occupation or for the occupation of any member of his family; and (ii)\the or the member of his family, as the case may be, is not occupying any other residential building suitable for his needs at the time, in the Cantonment area concerned or in any local area in the vicinity thereof; and (iii)\the or the said member has not vacated such a building in the said area or vicinity without sufficient cause after the commencement of this Act; and (b)\tin the case of a commercial building, if- (i)\the requires it in good faith for his own use; and (ii)\the is not occupying in the Cantonment area concerned or in any local area in the vicinity thereof in which such building is situated for the purposes of his business any other such building suitable for his needs at the time; and (iii)\the has not vacated such a building in the said area or vicinity without sufficient cause after the commencement of this Act: Provided that where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply under this sub-section before the expiry of such period: Provided further that when the landlord has obtained possession of a residential or a commercial building under the provisions of sub-clause (a) or sub-clause (b) he shall not be entitled to apply again for the possession of any other building under that sub-clause, unless the building of which he had previously taken possession has become unsuitable for his needs: Provided also that this sub-section shall not apply to serais, hotels, dak-bungalows, lodging-houses, boarding-houses, residential clubs, restaurants, eating-houses, caf├®s, refreshment rooms and places of public recreation or resort or premises dealing in sales or production of materials of books of educational and cultural values except where the landlord requires any such building to carry on any such business of his own, in which case he may make an application under this sub-section after having served two years' notice on the tenant; but no building which is not, on the commencement of this Act, being used for any of the aforesaid purposes, or has not after such commencement been let out expressly for any such purpose, shall be converted to any such purpose except with the consent in writing of the landlord. (5) The Controller shall, if he is satisfied that the claim of the landlord under sub-section (4) is bona fide make an order directing the tenant to put the landlord in possession of the building on such date as may be specified by the Controller and if the Controller is not satisfied, he shall make an order rejecting the application: Provided that the Controller may give the tenant a reasonable time for putting the landlord in possession of the building and may extend such time so as not to exceed three months in aggregate. (6) Where the landlord who has obtained possession of a building in pursuance of an order made under sub-section (5), does not himself, or where possession of the building has been obtained for any member of his family, such member does not occupy the building within one month of the date of obtaining its possession, the tenant who had been evicted may apply to the Controller for an order directing that the possession of such building be restored to him and the Controller may thereon make an order accordingly. (7) Where a landlord has obtained possession of a building in pursuance of an order under clause (vi) of sub-section (2) and does not have the building demolished within four months of the date of taking its possession, or does not construct the new building within a period of two years following the expiry of the said period of four months, he shall, unless he satisfies the Controller that he was prevented from having the building demolished or constructing the building within the said time by reasons beyond his control, be punished with imprisonment for a term which may extend to six months or with fine or with both. (8) On the first hearing of proceedings under this section or as soon thereafter as may be but before the issues are framed, the Controller shall direct the tenant to deposit in his office before a specified date all the rent due from him, and also to deposit regularly till the final decision of the case, before the 5th day of each month, the monthly rent which subsequently becomes due, and if there be any dispute as to the amount of rent due, the Controller shall determine such amount approximately. (9) If the tenant fails to deposit the amount of rent before the specified date or, as the case may be, before the 5th day of the month, his application, if he is a petitioner, shall be dismissed, or his defence, if he is a respondent, shall be struck off, and the landlord shall be put in possession of the building without any further proceedings. (10) Where the Controller is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vexatious, the Controller may direct that compensation not exceeding one hundred Taka be paid by such landlord to the tenant. (11) Notwithstanding anything contained in this Act or elsewhere, the Government 5* * *, Railway, a Port Trust, a Cantonment Board or any other local authority may also apply to the Controller to seek eviction of the tenant from its building whether owned, hired or requisitioned, in the event of non-payment of rent within the period hereinbefore prescribed or for infringement of any of the terms of possession or occupation.",
"name": "Eviction of tenant",
"related_acts": "",
"section_id": 17
},
{
"act_id": 332,
"details": "18. (1) Within a period of two months from the commencement of this Act or from the opening of any hotel or lodging-house, whichever is later, the owner of every hotel and lodging-house shall apply to the Controller for registration of his hotel or lodging-house and for determination of fair rates in relation thereto: Provided that the Government may, by a special or general order, by notification in the official Gazette, exempt any hotel or lodging-house or class of hotels or lodging-houses from the provisions of this section. (2) Any owner of a hotel or lodging-house who fails to get his hotel or lodging-house registered in compliance with sub-section (1) shall be punishable with fine which may extend to five hundred Taka.",
"name": "Registration of hotels and lodging-houses",
"related_acts": "",
"section_id": 18
},
{
"act_id": 332,
"details": "19. (1) The Controller may fix fair rates to be charged for board, lodging and other services provided in a hotel or boarding-house, at such amount as, having regard to all the circumstances, he deems just. (2) A fair rate may be fixed separately for daily and monthly guests. Explanation.- A guest who agrees to reserve accommodation for a period of one month or more shall be deemed to be a monthly guest and where the reservation is not for any specified period, or is for a period of less than one month, the guest shall be deemed to be a daily guest. (3) The Controller may from time to time revise the fair rates determined by him under this section: Provided that in case of reservation under an agreement or otherwise for a specified period no revision of fair rates shall be applicable. (4) The Controller may also fix the minimum number of guests to be accommodated in each room or other unit of accommodation in a hotel or lodging-house: Provided that where accommodation in a hotel or lodging-house is in the occupation of the Armed Forces of Bangladesh, the appropriate authority of the Armed Forces shall be given an opportunity to state facts and its views with regard to the determination of fair rates before such rates are fixed: Provided further that the Controller shall not be empowered to fix fair rates for hotels, boarding-houses, lodging-houses and dak-bungalows under the control of the Armed Forces or meant exclusively for the use of the personnel of the Armed Forces.",
"name": "Fixation of fair rates",
"related_acts": "",
"section_id": 19
},
{
"act_id": 332,
"details": "20. The fair rates fixed by the Controller and the maximum number of guests who may be accommodated in each room or unit of accommodation in a hotel or lodging-house shall be displayed in a conspicuous manner in the office and in the public rooms, if any, of such hotel or lodging-house.",
"name": "Fair rates, etc., to be displayed",
"related_acts": "",
"section_id": 20
},
{
"act_id": 332,
"details": "21. (1) Except as hereinafter provided, no guest shall be evicted from a hotel or lodging-house or refused board or other services so long as he pays or is ready and willing to pay the fair rates. (2) If the Controller is satisfied that- (a)\ta guest in a hotel or lodging-house has been guilty of conduct which is a nuisance or source of annoyance to other guest or persons living in the neighbourhood; or (b)\tthe accommodation he occupies is required by the owner or manager of the hotel or lodging-house; the Controller may, if he considers that the requirement is genuine and reasonable make an order authorising the owner or manager, as the case may be, to recover possession of the accommodation or part thereof occupied by such guest: Provided that no such order shall be made unless the guest has been given a reasonable opportunity to show cause why such order should not be made: Provided further that where there is an agreement for the stay of the guest for a specified period, he shall not be evicted before the expiry of that period.",
"name": "Eviction of guests from hotels, etc.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 332,
"details": "22. Notwithstanding anything contained in any other provision of this Act no order of eviction shall be made under this Act against any person in the service of the Government, a Provincial Government, a Railway, a Port Trust, a Cantonment Board or any other local authority or of any corporation, company or authority rendering an essential service to the community, if his eviction would be detrimental to the public interest, provided eviction is not sought on the grounds referred to in clauses (i) to (iv) of sub-section (2) of section 17 or clause (a) of sub-section (2) of section 21 of this Act.",
"name": "Eviction of Government servants, etc.",
"related_acts": "",
"section_id": 22
},
{
"act_id": 332,
"details": "23. The Controller shall summarily reject any application under sub-section (2) or under sub-section (4) of section 17, which raises substantially the same issues as have been finally decided in a former proceeding under this Act.",
"name": "Decisions which have become final not to be reopened",
"related_acts": "",
"section_id": 23
},
{
"act_id": 332,
"details": "24. (1) The Government may, for the purposes of this Act by a general or special order, notified in the official Gazette, confer on a District Judge or an Additional District Judge, hereinafter referred to as appellate Court, the powers of an appellate Court under the Code of Civil Procedure, 1908 in respect of cantonment or cantonments as may be specified in the order. (2) Any party aggrieved by an order passed by the Controller may, within fifteen days following the date of such order, prefer an appeal to the appellate Court. (3) Subject to the provisions of this Act, an appeal under this section shall be heard and determined as an appeal from an original decree under section 96 of the Code of Civil Procedure, 1908, and the provisions of Part VII and Order XLI of the First Schedule to the said Code shall, apply to such appeals: Provided that the appellate Court may, where it considers necessary make further inquiry either personally or otherwise, before determining the appeal. (4) The decision of the appellate Court shall be final. (5) No order of the Controller except by an appeal under this section, and no order of the appellate Court made under this Act shall be called in question in any Court by any suit, appeal or other legal proceeding.",
"name": "Appeal",
"related_acts": "86,86",
"section_id": 24
},
{
"act_id": 332,
"details": "25. (1) Every order made under section 13 or section 17, and every order passed on appeal under section 24 shall be executed by a civil Court having jurisdiction in the area as if it were a decree of that Court. (2) The provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908, shall so far as may be, apply to the execution of orders made or deemed to have been made under this Act.",
"name": "Execution of orders",
"related_acts": "86",
"section_id": 25
},
{
"act_id": 332,
"details": "26. Every landlord and every tenant of a building shall be bound to furnish to the Controller, or any person authorised by him in that behalf, such particulars in respect of such building as may be prescribed.",
"name": "Landlord and tenant to furnish particulars",
"related_acts": "",
"section_id": 26
},
{
"act_id": 332,
"details": "27. (1) No order under section 7, 8, 13, 15, 17 or 19 of this Act shall be made by the Controller except after holding an inquiry. (2) For the purposes of holding an inquiry under this Act, the Controller and the appellate Court shall have the same powers as are vested in a Court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters, namely:- (a)\tsummoning and enforcing attendance of any person and examining him on oath; (b)\tcompelling the discovery and production of any document and other material evidence; and (c)\tissuing a commission for the examination of witnesses. (3) The proceedings of every inquiry shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the 6* * * Penal Code. (4) The Controller shall be deemed to be a Court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898.",
"name": "Procedure and powers of Controller",
"related_acts": "86,75",
"section_id": 27
},
{
"act_id": 332,
"details": "28. Whoever contravenes or fails to comply with any provisions of this Act or the rules made thereunder shall be punishable with fine which may extend to five hundred Taka.",
"name": "Penalties",
"related_acts": "",
"section_id": 28
},
{
"act_id": 332,
"details": "29. No Court shall take cognizance of an offence under this Act except on a complaint made by the Controller in writing within three months of the date of the commission of the offence.",
"name": "Cognizance of offence",
"related_acts": "",
"section_id": 29
},
{
"act_id": 332,
"details": "30. A Controller shall be deemed to be a public servant within the meaning of section 21 of the 7* * * Penal Code.",
"name": "Controller to be a public servant",
"related_acts": "",
"section_id": 30
},
{
"act_id": 332,
"details": "31. No suit or other legal proceedings shall lie against the Controller or any person acting under his orders, in respect of anything which is in good faith done or intended to be done under this Act.",
"name": "Indemnity",
"related_acts": "",
"section_id": 31
},
{
"act_id": 332,
"details": "32. 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": 32
}
],
"text": "An Act to make provision for the control of rents of certain class of buildings within the limits of the Cantonment areas and for the eviction of tenants therefrom.1♣ WHEREAS it is expedient to make provision for the control of rents of certain class of buildings within the limits of the cantonment areas, for the eviction of tenants therefrom and for matters connected therewith;"
} |
{
"id": 333,
"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 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 Indecent Advertisements Prohibition Act, 1963",
"num_of_sections": 14,
"published_date": "18th June, 1963",
"related_act": [
388,
333,
430
],
"repelled": false,
"sections": [
{
"act_id": 333,
"details": "1. (1) This Act may be called the Indecent Advertisements Prohibition Act, 1963. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "333",
"section_id": 1
},
{
"act_id": 333,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“advertisement” includes any notice, circular or other document, displayed on any house, building or wall, or published in any newspaper or periodical, and any announcement made orally or by any means of producing or transmitting light or sound, but does not include trade circulars issued by manufacturers of drugs to medical practitioners; (b) \t“indecent” includes whatsoever may amount to any incentive to sensuality and excitement of impure thoughts in the mind of an ordinary man of normal temperament, and has the tendency to deprave and corrupt those whose minds are open to such immoral influence, and which is deemed to be detrimental to public morals and calculated to produce pernicious effect, in depraving and debauching the minds of persons; (c)\t“taking any part in the publication of any advertisement” includes- (i)\tthe writing, typing, stamping, drawing, announcing, printing or transmitting of the advertisement; (ii) \tthe publication of any advertisement outside Bangladesh by or at the instance of a person residing in Bangladesh; (d) \t“public place” means any place where an advertisement can be seen or heard by members of the public.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 333,
"details": "3. Subject to the provisions of this Act- (i)\tno person shall take any part in the publication of any advertisement which is indecent; and (ii)\tno person having the ownership, possession or control of any property or public place shall knowingly allow any advertisement which is indecent to be displayed on such property or place, or to be announced therefrom.",
"name": "Prohibition against persons advertising, displaying, etc., indecent advertisements",
"related_acts": "",
"section_id": 3
},
{
"act_id": 333,
"details": "4. Whoever contravenes any of the provisions of this Act shall, on conviction, be punishable- (a) \tin the case of a first conviction, with imprisonment which may extend to six months, or with fine, or with both; and (b)\tin the case of any subsequent conviction, with imprisonment which may extend to one year, or with fine, or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 4
},
{
"act_id": 333,
"details": "5. Any person authorised by the Government in this behalf may, at any time, seize and detain any document, article or thing which such person has reason to believe contains any advertisement which contravenes any of the provisions of this Act and the Court trying such contravention may direct that such document (including all copies thereof), article or thing shall be forfeited to the Government.",
"name": "Confiscation of documents, etc., containing indecent advertisements",
"related_acts": "",
"section_id": 5
},
{
"act_id": 333,
"details": "6. (1) If the person contravening any of the provisions of this Act is a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section- (a) 'company' means any body corporate and includes a firm or other association of individuals, and (b) 'director' in relation to a firm means a partner in the firm.",
"name": "Offences by companies",
"related_acts": "",
"section_id": 6
},
{
"act_id": 333,
"details": "7. Without prejudice to the right of any other person to make a complaint of an offence under this Act, a Police Officer not below the rank of sub-inspector who receives information that such an offence has been committed, shall, if he is satisfied as to the truth of the information, make a complaint of the offence in writing to the nearest Magistrate having jurisdiction.",
"name": "Complaint by a police officer",
"related_acts": "",
"section_id": 7
},
{
"act_id": 333,
"details": "8. No Court inferior to that of a Magistrate of the first class shall try any offence punishable under this Act.",
"name": "Jurisdiction to try offences",
"related_acts": "",
"section_id": 8
},
{
"act_id": 333,
"details": "9. Every person authorised under section 5 shall be deemed to be a public servant within the meaning of section 21 of the 2* * * Penal Code.",
"name": "Officers to be deemed to be public servants",
"related_acts": "",
"section_id": 9
},
{
"act_id": 333,
"details": "10. 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": 10
},
{
"act_id": 333,
"details": "11. The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.",
"name": "Other laws not affected",
"related_acts": "",
"section_id": 11
},
{
"act_id": 333,
"details": "12. If, in the opinion of the Government, public interest so requires, it may, by notification in the official Gazette, direct that the provisions of section 3 shall not apply, or shall apply subject to such conditions as may be specified in the notification, to, or in relation to, the advertisement of any specified drug or class of drugs.",
"name": "Power to exempt from application of Act",
"related_acts": "",
"section_id": 12
},
{
"act_id": 333,
"details": "13. 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": 13
},
{
"act_id": 333,
"details": "14. Repeals.- Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Repeals.",
"related_acts": "430",
"section_id": 14
}
],
"text": "An Act to prohibit indecent advertisements.1♣ WHEREAS it is expedient to provide for the prohibition of indecent advertisements; AND WHEREAS the national interest of Pakistan in relation to the achievement of uniformity within the meaning of clause (2) of Article 131 of the Constitution requires Central legislation in the matter;"
} |
{
"id": 334,
"lower_text": [
"1 Throughout this Act the word “Bangladesh” was substituted for the word “Pakistan” by the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"2 Clause (a) was substituted by section 2 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"3 Clauses (cc), (ccc) and (cccc) were inserted by section 2 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"4 Clause (e) was substituted by Article 3 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"5 Clause (ee) was inserted by section 2 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"6 Clause (ff ) was inserted by section 2 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"7 The words “and rules made thereunder” were added by section 2 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"8 Section 3 was substituted by section 3 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"9 Section 4A was inserted by Article 6 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"10 Section 4B was inserted by section 6 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"11 Sub-section (1) was substituted by section 3 of the Censorship of Films (Amendment) Ordinance, 1982 (Ordinance No. LVIII of 1982)",
"12 The words “the authority” were substituted for the words “an authority” by Article 5 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"13 Sub-section (5) was substituted by section 4 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"14 Sub-section (1) was substituted by Article 7 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"15 The words and comma “the Chairman may, if he is” were substituted for the words and comma “the authority may, if it is” by section 7 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"16 The words “Deputy Commissioner” were substituted for the words “District Magistrate” by section 4 of the Censorship of Films (Amendment) Ordinance, 1982 (Ordinance No. LVIII of 1982)",
"17 The word “the” was substituted for the word “Central” by Article 7 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"18 The words “granted by any authority” were omitted by Article 7 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"19 Sub-section (3) was substituted by Article 7 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"20 Sub-section (4) was substituted by Article 7 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"21 The word “Chairman” was substituted for the word “authority” by section 7 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"22 The words “Deputy Commissioner” were substituted for the words “District Magistrate” by section 4 of the Censorship of Films (Amendment) Ordinance, 1982 (Ordinance No. LVIII of 1982)",
"23 The word “Central” was omitted by Article 8 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"24 The word “Central” was omitted by Article 8 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"25 Section 6A was inserted by section 8 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"26 The word “Central” was omitted by Article 9 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"27 Section 7A was inserted by Article 10 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"28 Sub-sections (1) and (2) were substituted by section 9 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"29 The words “film or any publicity materials under sub-section (2) the Board” were substituted for the words “film under sub-section (2) the authority” by section 9 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"30 Sub-section (1) was substituted by section 10 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"31 The words “or publicity materials” were inserted by section 10 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"32 The word “Central” was omitted by Article 11 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"33 Sub-section (3) was added by section 11 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)",
"34 The word “Central” was omitted by Article 13 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"35 The word “Central” was omitted by Article 14 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"36 The word “Central” was omitted by Article 15 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President’s Order No. 41 of 1972)",
"37 Sections 15 and 16 were added by section 13 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006)"
],
"name": "The Censorship of Films Act, 1963",
"num_of_sections": 20,
"published_date": "31st August, 1963",
"related_act": [
75,
108,
334
],
"repelled": true,
"sections": [
{
"act_id": 334,
"details": "1. (1) This Act may be called the Censorship of Films Act, 1963. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "334",
"section_id": 1
},
{
"act_id": 334,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- 2(a) \t“Board” means the Board constituted under section 3; (b) \t“certificate” means a certificate granted under sub-section (2) of section 4; (c)\t“certified film” means a film in respect of which a certificate is granted under sub-section (2) of section 4, or has, at any time before the commencement of this Act, been granted under sub-section (2) of section 7 of the Cinematograph Act, 1918; 3(cc) \t“Chairman” means Chairman of the Board; (ccc) \t“Cinematograph” has the same meaning as assigned to it under section 2 of the Cinematograph Act, 1918 (II of 1918); (cccc) \t“Deputy Commissioner” includes any other officer of the district 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; (d)\t“film” means a cinematograph film; 4(e) \t“Government” means Government of the People's Republic of Bangladesh; 5(ee) \t“member” means member of the Board; (f) \t“prescribed” means prescribed by rules made under section 10; and 6(ff) \t“publicity materials” means publicity materials of a film as specified in sub-section (1) of section 6A; (g)\t“uncertified film” means a film in respect of which no certificate has been granted, and includes a film which is deemed to be uncertified film under any provision of this Act 7and rules made thereunder.",
"name": "Definitions",
"related_acts": "108,108",
"section_id": 2
},
{
"act_id": 334,
"details": "83. The Government may, by notification in the official Gazette, Constitute a Board to be called Bangladesh Films Censor Board, which shall consist of a Chairman and such number of members, not exceeding fourteen, appointed by the Government for the purpose of examining and certifying films for public exhibition in Bangladesh.",
"name": "Constitution of the Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 334,
"details": "94A. (1) The Board shall examine films in such manner as may be prescribed. (2) Where the Board consists of more than one member, the examination of a film shall be made by such number of members as may be prescribed and such examination shall be deemed to be the examination by the Board. (3) In examining and certifying films for public exhibition, the Board shall follow such principles as may be prescribed.",
"name": "Procedure for examination of films",
"related_acts": "",
"section_id": 4
},
{
"act_id": 334,
"details": "104B. (1) Any person who is aggrieved by any decision of the Board under this Act may, within thirty days of the date of receipt of such decision, prefer an appeal to the Government. (2) An appeal preferred under sub-section (1) shall be disposed of in the prescribed manner. (3) If an appeal is preferred against the decision- (a) under sub-section (4) of section 4, the Government shall direct, by order in writing, that the certificate granted under sub-section (2) of section 4 shall be valid only for the period specified therein, or for the period extended under sub-section (4) of section 4, or for such period as may be specified in the order; (b) under clause (a) of sub-section (5) of section 4, and if the appeal is rejected, the Government shall, by notification in the official Gazette, declare that the film to which the appeal relates shall be deemed to be an uncertified film in respect of the whole of Bangladesh; (c) \tunder clause (b) of sub-section (5) of section 4, and if the appeal is rejected, the Government shall inform the person applying for the certificate within seven days from the date of its decision. (4) No appeal under this section shall be disposed of without giving an opportunity to the appellant for representing his views in the matter. (5) The decision of the Government under this section shall be final.",
"name": "Appeal",
"related_acts": "",
"section_id": 5
},
{
"act_id": 334,
"details": "4. 11(1) A person may submit a film to the Board, together with an application in the prescribed form, for granting a certificate that the film is suitable for public exhibition: Provided that the Board shall not accept any feature film, not being a foreign film, for the purpose of examining its suitability for public exhibition if the total length thereof exceeds fourteen thousand feet, except where, on a request from the film producer, the Government has, for any special reason, previously agreed to relax the said limit. (2) If 12the Board after examination considers that a film is suitable for public exhibition, it shall grant a certificate to that effect to the person applying for the same and cause the film to be marked in such manner as may be prescribed. (3) A certificate granted under sub-section (2) shall, subject to the provisions of this Act, be valid for the whole of Bangladesh, for such period, if any, as may be specified in the certificate. (4) Where any period is specified under sub-section (3), the Board may, on application in this behalf, extend such period, or the period so extended, or dispense with the period so specified or extended. 13(5) If the Board, after examination under section 4A, considers that- (a) a film is as per Rules framed under this Act for public exhibition in Bangladesh, it shall refuse to grant the certificate of the film for public exhibition and shall inform the decision of refusal to the person applying for the certificate within fifteen days from the date of its decision; (b) a film is not suitable for such public exhibition but may be suitable- (i) \tif made restricted to the members of any profession or any class of persons; or (ii) \tonly for a specific period; or (iii) \tif a specified portion thereof is excised; it shall inform the person applying for the certificate within fifteen days from the date of its decision. (6) Omitted by section 4 of the Censorship of Films (Amendment) Act, 2006 (Act No. I of 2006).",
"name": "Certification of films",
"related_acts": "",
"section_id": 6
},
{
"act_id": 334,
"details": "5. 14(1) Notwithstanding anything contained in sub-section (3) of section 4, 15the Chairman may, if he is of opinion that a certified film should not be publicly exhibited, by order, suspend, pending the orders of the Government under sub-section (4), the certificate in respect of that film. (2) If a 16Deputy Commissioner is of the opinion that a certified film should not be publicly exhibited within his district, he may, by order, suspend, pending the orders of 17the Government under sub-section (4), the certificate in respect of that film 18* * *. 19(3) A certified film shall, during the period of suspension of its certificate under sub-section (1) or sub-section (2), be deemed to be an uncertified film in respect of the whole of Bangladesh or, as the case may be, the district concerned. 20(4) A copy of any order of suspension made under sub-section (1) or sub-section (2), together with a statement of the reasons therefore, shall forthwith be forwarded to the Government by the 21Chairman or the 22Deputy Commissioner making the order, and the Government may either discharge the order or, by notification in the official Gazette, direct that the film shall be deemed to be an uncertified film in respect of the whole of Bangladesh: Provided that where the Government makes no order under this sub-section within the period of sixty days from the date of making of the order of suspension, the order of suspension shall, on the expiry of such period, be deemed to have been discharged. (5) Omitted by Article 7 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President's Order No. 41 of 1972).",
"name": "Suspension of certificates",
"related_acts": "",
"section_id": 7
},
{
"act_id": 334,
"details": "6. (1) Notwithstanding anything in the Cinematograph Act, 1918, or in any other law for the time being in force, the 23* * * Government shall prescribe the places or class of places licensed for the exhibition of cinematograph films where, and the period or periods for which, any certified film or class of certified films may be exhibited. (2) In respect of places prescribed under sub-section (1), the 24* * * Government may by rules provide for the regulation of proper seating, sanitary, booking and other arrangements.",
"name": "Exhibition of certified films, etc.",
"related_acts": "108",
"section_id": 8
},
{
"act_id": 334,
"details": "256A. (1) Any publicity materials, such as still photographs, diagrams, sketches, posters, handbills and Bangla translation of the names of films of foreign origin, shall not be displayed before a licensed place or on publicity boards or otherwise or advertised through print and electronic media unless such materials are approved in a manner prescribed by the Board. (2) Any person advertising a film certified for public exhibition restricted to members of any profession or any class of persons only of publicising such films by means of insertions in newspapers, posters or hand-bills shall, after the date of its certification, indicate in such insertions that the film has been certified for public exhibition restricted to the members of profession or class of persons only. (3) The name and address of the producer and director of the film and the approval number of the Board shall be shown clearly on the publicity materials. (4) Notwithstanding anything contained in Cinematograph Act, 1918 (II of 1918), if an unapproved publicity material is exhibited or displayed in any licensed place, the licence of the licensed place shall be liable to suspension or revocation. Explanation.- For the purpose of this section “licensed place” means a place licensed under section 3 of the Cinematograph Act, 1918 (II of 1918) for the exhibition of film.",
"name": "Publicity materials of certified films",
"related_acts": "108,108",
"section_id": 9
},
{
"act_id": 334,
"details": "7. Where the 26* * * Government is of the opinion that a certified film, or class of certified films, should, in the interest of law and order, or in the interest of local film industry, or in any other national interest, be decertified in respect of the whole or any part of Bangladesh, it may, of its own motion, by notification in the official Gazette, direct that such film or class of films shall be deemed to be uncertified film or films in respect of the whole of Bangladesh, or such area or areas as may be specified in the notification.",
"name": "Power to decertify certified films",
"related_acts": "",
"section_id": 10
},
{
"act_id": 334,
"details": "277A. 28(1) Where the Board has reason to believe that a film or publicity materials are being exhibited in any place in contravention of any provision of this Act or any rule made thereunder, it may, by order in writing, authorise any Police Officer not below the rank of Sub-Inspector or any District Information Officer to search the place and seize the film and the publicity materials, if any, of that film. (2) A Police Officer or District Information Officer who has seized a film or any publicity materials under sub-section (1) shall forthwith forward it to the Court. (3) On receipt of a 29film or any publicity materials under sub-section (2) the Board shall take such action under the Act as it deems proper.",
"name": "Seizure of film",
"related_acts": "",
"section_id": 11
},
{
"act_id": 334,
"details": "8. 30(1) Whoever- (a) \texhibits or causes or permits to be exhibited in any place, or abets the exhibition of, an uncertified film, or a certified film which does not show the mark of the Board; (b) \twithout lawful authority alters or tampers with, in any way, any film after it has been certified or since such mark was affixed thereto; (c) \texhibits an unapproved publicity materials; (d) \twithout lawful authority alters or tampers with, in any way, any publicity materials after it has been approved; (e) \tcontravenes any other provision of this Act or rules made thereunder; shall be punishable with imprisonment for a term which may extend to three years, but shall not be less than one year, or with fine which may extend to taka ten thousand, or with both; and in case of continuing offence with a further fine which may extend to taka five thousand for each day during which the offence continues. (2) Where a person is convicted of an offence punishable under sub-section (1) in respect of any film 31or publicity materials, the Court passing the sentence may further direct that the film shall be forfeited to the 32* * * Government. (3) Where a person is convicted of an offence punishable under sub-section (1) in respect of a place licensed for the exhibition of cinematograph films, the Court passing the sentence may further direct that, notwithstanding anything in the licence relating to such place, no cinematograph film shall be exhibited in that place for such period, not exceeding three months, as may be specified by the Court.",
"name": "Penalty",
"related_acts": "",
"section_id": 12
},
{
"act_id": 334,
"details": "9. (1) 33Omitted by section 7 of the Censorship of Films (Amendment) Ordinance, 1982 (Ordinance No. LVIII of 1982). (2) Where a person guilty of an offence punishable under this Act is a company or other body corporate, every managing director, director, manager, secretary or other officer or agent thereof shall, unless he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent its commission, be deemed to be guilty of such offence. (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898),- (a) \tthe provisions of the said Code shall be applicable in the case of trial of an offence punishable under this Act; (b) \tan offence punishable under this Act may be tried summarily in accordance with, as far as possible, the provisions laid down in Chapter XXII of the said Code.",
"name": "Procedure",
"related_acts": "75",
"section_id": 13
},
{
"act_id": 334,
"details": "10. (1) The 34* * * Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, rules made under this section may provide for- (a) \tthe manner in which films in respect of which certificates are granted shall be marked; (b) \tthe manner in which appeals shall be disposed of ; (c) \tthe procedure of the Board, and all matters ancillary thereto, and the fees to be charged by them; (d) \tthe appointment of officers subordinate to the Board and the regulation of the powers and duties of such officers; and (e) \tany other matter which by this Act is to be prescribed.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 14
},
{
"act_id": 334,
"details": "11. The 35* * * Government may, by order in writing, exempt, subject to such conditions and restrictions, if any, as it may impose, any film from all or any of the provisions of this Act.",
"name": "Power to exempt",
"related_acts": "",
"section_id": 15
},
{
"act_id": 334,
"details": "12. The 36* * * Government may, by notification in the official Gazette, delegate all or any of the powers exercisable by it under this Act to such authority or other person as may be specified in the notification.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 16
},
{
"act_id": 334,
"details": "13. Amendment of Act II of 1918.- Omitted by Article 16 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President's Order No. 41 of 1972).",
"name": "Omitted.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 334,
"details": "14. Savings.- Omitted by Article 17 of the Censorship of Films (Bangladesh Amendment) Order, 1972 (President's Order No. 41 of 1972).",
"name": "Omitted.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 334,
"details": "3715. No suit, prosecution or other legal proceedings shall lie against the Government, Board, Chairman, Member and any other officer of the Board, as the case may be, in respect of anything which is done or intended to be done in good faith under this Act.",
"name": "Bar to legal proceedings",
"related_acts": "",
"section_id": 19
},
{
"act_id": 334,
"details": "16. Notwithstanding anything contained in any other law for the time being in force, no Court shall grant an injunction or make any interim order in respect of any order passed under section 4, 5 or 7 without giving the Board an opportunity of being heard.",
"name": "No order of Injunction, etc. without hearing the Board",
"related_acts": "",
"section_id": 20
}
],
"text": "An Act to provide for the censorship of cinematograph films and for the decertification of certified films on certain grounds. 1♣ ♠ WHEREAS it is expedient to provide for the censorship of cinematograph films and for the decertification of certified films in the interest of law and order, or in the interest of local film industry, or in any other national interest, and matters incidental thereto or connected therewith; AND WHEREAS the national interest of Pakistan in relation to planning and co-ordination and the achievement of uniformity as are referred to in paragraphs (b) and (c) of clause (2) of Article 131 of the Constitution requires Central legislation in the matter;"
} |
{
"id": 335,
"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 “of any body or establishment” were substituted for the words “of a local authority” by section 4 of the Essential Services Laws (Amendment) Act, 1974 (Act No. XXXVI of 1974)",
"4 The words, comma, brackets and figures “the Industrial Relations Ordinance, 1969 (XXIII of 1969)” were substituted for the words “the East Pakistan Trade Unions Act, 1965, or the East Pakistan Labour Disputes Act, 1965” by section 4 of the Essential Services Laws (Amendment) Act, 1974 (Act No. XXXVI of 1974)",
"5 The words “by any employee” were substituted for the words “in offices by any employee of the Government or of a local authority” by section 4 of the Essential Services Laws (Amendment) Act, 1974 (Act No. XXXVI of 1974)"
],
"name": "The Services (Temporary Powers) Ordinance, 1963 (East Pakistan Ordinance)",
"num_of_sections": 5,
"published_date": "15th July, 1963",
"related_act": [
75,
388,
469,
430
],
"repelled": false,
"sections": [
{
"act_id": 335,
"details": "1. (1) This Ordinance may be called the 1* * * Services (Temporary Powers) Ordinance, 1963. (2) It extends to the whole of 2Bangladesh. (3)\tIt shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 335,
"details": "2. Whenever the Government is satisfied that, in the interest of public order or for the maintenance of services or supplies essential to the life of the community, it is necessary to prohibit any strike by any employee of the Government or 3of any body or establishment, the Government may, by notification in the official Gazette, prohibit any strike for a period of three months from the date of the notification.",
"name": "Prohibition of strikes, etc., by employees",
"related_acts": "",
"section_id": 2
},
{
"act_id": 335,
"details": "3. (1) Notwithstanding anything contained in 4the Industrial Relations Ordinance, 1969 (Ord. No. XXIII of 1969), or in any other law for the time being in force, any strike, preparation, propagation or organisation for strike or cessation of work or abandonment of work 5by any employee during the period specified in section 2 shall be punishable with rigorous imprisonment for a term which may extend to one year or with fine of Taka one thousand or with both. (2) Any person who abets, instigates or incites others to take part in, or otherwise acts in furtherance of, a strike, shall be punishable with rigorous imprisonment for a term which may extend to one year, or with fine of Taka one thousand or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 3
},
{
"act_id": 335,
"details": "4. (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.",
"name": "Jurisdiction and mode of trial",
"related_acts": "75,75,75",
"section_id": 4
},
{
"act_id": 335,
"details": "5. Cognizance of offences.- Omitted by section 2 of the East Pakistan Services (Temporary Powers) (Amendment) Ordinance, 1970 (East Pakistan Ordinance No. XXII of 1970).",
"name": "Omitted",
"related_acts": "",
"section_id": 5
}
],
"text": "An Ordinance to provide for powers for the maintenance of services and supplies essential to the life of the community and for the maintenance of public order.♣ WHEREAS it is necessary to provide for powers for the maintenance of services and supplies essential to the life of the community and for the maintenance of public order; AND WHEREAS the Provincial Assembly of East Pakistan is not in session and the Governor is satisfied that circumstances exist which render immediate legislation necessary; NOW, THEREFORE, in exercise of the powers conferred by Article 79 of the Constitution of the 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": 336,
"lower_text": [
"1 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 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 Development Authority (Land Acquisition Validation) Ordinance, 1963 (East Pakistan Ordinance)",
"num_of_sections": 4,
"published_date": "8th February, 1964",
"related_act": [
430
],
"repelled": false,
"sections": [
{
"act_id": 336,
"details": "1. (1) This Ordinance may be called the Chittagong Development Authority (Land Acquisition Validation) Ordinance, 1963. (2) It shall come into force at once.",
"name": "Short title and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 336,
"details": "2. Notwithstanding anything contained in the Chittagong Development Authority Ordinance, 1959, or in the East Bengal (Emergency) Requisition of Property Act, 1948, or in any judgment, decree or order of any Court, every acquisition of immovable property made or purported to have been made by the 1Government or Deputy Commissioner, as the case may be, for the Chittagong Development Authority for any public purpose under the said Ordinance or Act, as the case may be, and which, immediately before such commencement, was used or occupied by the 2Government or the said Authority or by any officer, shall, notwithstanding any defect in, or invalidity of, the enactment or order under which acquisition was made, be deemed for all purposes to have been validly made in accordance with law.",
"name": "Validation of certain acquisitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 336,
"details": "3. Notwithstanding anything contained in the Chittagong Development Authority Ordinance, 1959, or in the East Bengal (Emergency) Requisition of Property Act, 1948, or in any judgment, decree or order, all orders made or purported to have been made under the said Ordinance or Act before the commencement of this Ordinance in respect of lands acquired for the Chittagong Development Authority by the Deputy Commissioner or any officer shall be deemed to have been lawfully and validly made by him as if under proper authority and no such order shall be called in question in any Court.",
"name": "Validation of orders of officers",
"related_acts": "",
"section_id": 3
},
{
"act_id": 336,
"details": "4. Notwithstanding anything contained in any law for the time being in force or in any judgment, decree or order of any Court, anything done or action taken or purported to have been done or taken (including any declaration made, any notice or orders issued, assessments or payment of compensations made under the Chittagong Development Authority Ordinance, 1959, or the East Bengal (Emergency) Requisition of Property Act, 1948) shall be deemed to have been validly done, taken or made by or under the said Ordinance.",
"name": "Validation of certain acts",
"related_acts": "",
"section_id": 4
}
],
"text": "An Ordinance to validate acquisition of lands for the Chittagong Development Authority. WHEREAS it is expedient to validate acquisition of lands for the Chittagong Development Authority; AND WHEREAS it is expedient, in the public interest, to validate acquisition of lands for the said Authority; AND WHEREAS the Provincial Assembly of East Pakistan is not in session and the Governor is satisfied that circumstances exist which render immediate legislation necessary; NOW, THEREFORE, in exercise of the powers conferred by Article 79 of the Constitution of the Republic of Pakistan and all other powers enabling him in that behalf, the Governor of East Pakistan is pleased to make and promulgate the following Ordinance, namely:-"
} |
{
"id": 337,
"lower_text": [
"1 Throughout this Ordinance words “Bangladesh” and “Government” were substituted for the words “East Pakistan” and “Provincial Government” by the Agricultural Produce Markets Regulation (Amendment) Ordinance, 1985 (Ordinance No. XIX of 1985)",
"2 The words “East Pakistan” were omitted by section 3 of the Agricultural Produce Markets Regulation (Amendment) Ordinance, 1985 (Ordinance No. XIX of 1985)",
"3 The word “Department” was substituted for the word “Directorate” by section 4 of the Agricultural Produce Markets Regulation (Amendment) Ordinance, 1985 (Ordinance No. XIX of 1985)",
"4 The word “District” was substituted for the word “Subdivisional” by section 4 of the Agricultural Produce Markets Regulation (Amendment) Ordinance, 1985 (Ordinance No. XIX of 1985)",
"5 The words “or any officer of the Agricultural Marketing Department authorised by him” were inserted by section 6 of the Agricultural Produce Markets Regulation (Amendment) Ordinance, 1985 (Ordinance No. XIX of 1985)",
"6 The word “Department” was substituted for the word “Directorate” by section 8 of the Agricultural Produce Markets Regulation (Amendment) Ordinance, 1985 (Ordinance No. XIX of 1985)",
"7 Section 9 was substituted by section 9 of the Agricultural Produce Markets Regulation (Amendment) Ordinance, 1985 (Ordinance No. XIX of 1985)",
"8 Clause (c) was omitted by section 10 of the Agricultural Produce Markets Regulation (Amendment) Ordinance, 1985 (Ordinance No. XIX of 1985)",
"9 The word “Department” was substituted for the word “Directorate” by section 12 of the Agricultural Produce Markets Regulation (Amendment) Ordinance, 1985 (Ordinance No. XIX of 1985)",
"10 The word “Department” was substituted for the word “Directorate” by section 13 of the Agricultural Produce Markets Regulation (Amendment) Ordinance, 1985 (Ordinance No. XIX of 1985)",
"11 The word “may” was substituted for the word and comma “may,” by section 13 of the Agricultural Produce Markets Regulation (Amendment) Ordinance, 1985 (Ordinance No. XIX of 1985)",
"12 Section 17A was inserted by section 15 of the Agricultural Produce Markets Regulation (Amendment) Ordinance, 1985 (Ordinance No. XIX of 1985)"
],
"name": "The Agricultural Produce Markets Regulation Act, 1964 (East Pakistan Act)",
"num_of_sections": 20,
"published_date": "22nd February, 1964",
"related_act": [],
"repelled": true,
"sections": [
{
"act_id": 337,
"details": "1. (1) This Act may be called the 2* * * Agricultural Produce Markets Regulation Act, 1964. (2) It extends to the whole of Bangladesh. (3) It shall come into force in such areas and on such dates as the Government may, by notification in the official Gazette, specify and appoint.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 337,
"details": "2. In this Act, unless there is anything repugnant in the subject or context- (1)\t“agricultural produce” means an agricultural produce specified in the Schedule appended to this Act, and includes a produce of horticulture, arboriculture and animal husbandry so specified; (2)\t“Director” means the Director of Agricultural Marketing, Bangladesh, and includes such other officer or officers of the Agricultural Marketing 3Department as the Government may, be notification in the official Gazette, authorise in this behalf to exercise the powers and perform the functions of the Director under this Act; (3)\t“grower” means a person who 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 grows or produces any agricultural produce, but does not include a wholesaler or aratdar or stockist in such produce; Explanation.- A person who is a wholesaler or aratdar or stockist in respect of a notified market shall not be a grower in respect of the same market, even if he grows and produces an agricultural produce; (4) “Market Advisory Committee” means a 4District Market Advisory Committee constituted under section 9 of this Act; (5) “market charge” means any commission or fee realised by any market functionary in connection with the purchase or sale of, or negotiation of a purchase or sale of, any agricultural produce, or for rendering any services incidental to such purchase or sale, such as, storage, weighing, measuring, assorting, sampling and grading; (6) \t“market functionary” means any person who operates as a middle-man in connection with the purchase or sale of, or negotiation of a purchase or sale of, any agricultural produce, or in connection with the rendering of any services incidental to such purchase or sale, and includes a wholesaler, aratdar, stockist, weighman, measurer, sampler, jachandar, grader, commission agent, warehouse-man, broker and dalal; and (7)\t“notified market” means any market declared to be a notified market under sub-section (1) of section 3 of this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 337,
"details": "3. (1) The Government may, by notification in the official Gazette, declare any market to be a notified market in respect of such agricultural produce and with effect from such date as may be specified in the notification. (2) On and from the date specified in the notification under sub-section (1), no person shall act as a market functionary in a notified market in respect of any agricultural produce specified in the notification except under a licence under this Act and except in accordance with the conditions specified in such licence: Provided that the Government may, by any general or special order notified in the official Gazette, exempt any market functionary from the operation of this section.",
"name": "Declaration of notified markets and licensing of market functionaries",
"related_acts": "",
"section_id": 3
},
{
"act_id": 337,
"details": "4. (1) The Director 5or any officer of the Agricultural Marketing Department authorised by him shall issue licences in such form as may be prescribed by rules to the market functionaries for operating in a notified market under such terms and conditions as the Director may deem fit to fix. (2) A licence issued under sub-section (1) may be either in general terms or in respect of such agricultural produce and such notified markets as may be specified therein. (3) Such licences shall be valid for one year from the date of issue and may thereafter be renewed annually. (4) A licence issued in the name of a firm may be used by any person or persons, not exceeding two, nominated by the firm.",
"name": "Licences",
"related_acts": "",
"section_id": 4
},
{
"act_id": 337,
"details": "5. For every licence issued under section 4 or for every renewal thereof, there shall be paid to the Government such fee as may be prescribed by rules.",
"name": "Licence fee",
"related_acts": "",
"section_id": 5
},
{
"act_id": 337,
"details": "6. (1) Application for licences or renewal of licences shall be made to the Director in such form and in such manner as may be prescribed by rules. (2) Every application for licence or renewal of a licence shall be accompanied by the prescribed fee.",
"name": "Application for licences",
"related_acts": "",
"section_id": 6
},
{
"act_id": 337,
"details": "7. Every market functionary operating in any notified market under a licence under this Act shall, while conducting business in such market, be bound to produce such licence for inspection on demand by any member of the Market Advisory Committee or any officer of the Agricultural Marketing 6Department or other officer or officers authorised by the Government in this behalf.",
"name": "Production of licence for inspection",
"related_acts": "",
"section_id": 7
},
{
"act_id": 337,
"details": "8. (1) A licence granted or renewed under section 4 may be suspended or cancelled by the Director on his own motion or on the recommendations of the Market Advisory Committee- (i) \tif there is any contravention of any of the provisions of this Act and the rules or any breach of the conditions subject to which the licence was granted or renewed, or (ii)\tif the holder of the licence has ceased to carry on the business or has sold or otherwise transferred his interest in the business in respect of which the licence was granted or renewed. (2) The holder of a licence shall not be entitled to any compensation for any loss or damage suffered by him as a result of such suspension or cancellation of his licence under this section.",
"name": "Cancellation of licence",
"related_acts": "",
"section_id": 8
},
{
"act_id": 337,
"details": "79. The Government may, by notification in the official Gazette, constitute a District Market Advisory Committee for a district which shall consist of the following members, namely:- (a) \tthe Deputy Commissioner or any other officer nominated by him who shall also be its Chairman; (b) \ta local officer of the Agricultural Marketing Department to be nominated by the Director who shall also be its Secretary; (c)\tone representative from among the elected members of the Zilla Parishad, if any, to be nominated by the Chairman of Zilla Parishad; (d)\tone representative from among the licensed market functionaries from each of the notified markets to be nominated by the Deputy Commissioner; (e)\tone representative of the public to be nominated by the Deputy Commissioner; (f)\ttwo representatives of the growers to be nominated by the Deputy Commissioner.",
"name": "Constitution of Market Advisory Committee",
"related_acts": "",
"section_id": 9
},
{
"act_id": 337,
"details": "10. The term and office of the Market Advisory Committee, the procedure to be followed at its meetings, the quorum for a meeting and the manner of filling casual vacancies, shall be such as may be prescribed by rules.",
"name": "Term of the Committee, procedure, etc., for meetings to be prescribed by rules",
"related_acts": "",
"section_id": 10
},
{
"act_id": 337,
"details": "11. The functions of the Market Advisory Committee shall be- (a)\tto advise the Director in the matter of regulation of market practices; (b)\tto advise the Director in the matter of fixation of market charges for different kinds of agricultural produce for different market functionaries operating in the notified markets; 8* * * (d)\tto make arrangements for settlement of disputes between purchasers and sellers arising in a notified market; (e)\tto undertake arbitration in respect of disputes between purchasers and sellers arising in a notified market; (f) \tto maintain a set of standard weights and measures referred in sub-section (1) of section 15; and (g)\tto perform such other duties as may be entrusted to it by the Director or as may be prescribed by rules.",
"name": "Functions of the Committee",
"related_acts": "",
"section_id": 11
},
{
"act_id": 337,
"details": "12. (1) The Director may, after consultation with the Market Advisory Committee concerned and with the approval of the Government, fix, by notification in the official Gazette, the maximum market charges payable by the purchasers or sellers to various market functionaries in connection with the purchase or sale of different kinds of agricultural produce in a notified market specified in such notification. (2) No market charge in excess of the amount fixed under sub-section (1) shall be paid or received by any person in respect of any transaction in a notified market specified under sub-section (1).",
"name": "Market charges",
"related_acts": "",
"section_id": 12
},
{
"act_id": 337,
"details": "13. No trade allowance other than an allowance prescribed by rules, shall be made or received by any person for any transaction of purchase or sale in a notified market.",
"name": "Trade Allowance",
"related_acts": "",
"section_id": 13
},
{
"act_id": 337,
"details": "14. In case of a dispute arising between a purchaser and a seller on account of- (a)\tdeviation from sample when the purchase is made by sample; (b)\tdeviation from standard when the purchase is made by a reference to an accepted standard; (c)\tdifference between the actual weight of a container and the standard weight; (d) \tpayment of price; (e) \tdelivery of goods; (f) \tdamage of goods; (g) \tadmixture of foreign matters; (h) \tthe presence of moisture in excess of the natural moisture content; and (i) \tsuch other matters as may be prescribed by rules, the dispute will be referred to the Market Advisory Committee for amicable settlement or, if necessary, for arbitration.",
"name": "Settlement of disputes",
"related_acts": "",
"section_id": 14
},
{
"act_id": 337,
"details": "15. (1) After such date as may be notified in the official Gazette by the Government in this behalf, every Market Advisory Committee shall maintain a set of standard weights specified in the Standards of Weight Act, 1939, and a set of standard measures as may be prescribed by rules, and shall ensure that such sets of standard weights and measures are available free of charge to any purchaser or seller for taking any weighment or measurement in a notified market. (2) After the date so notified, no person shall use for weighing or measuring in any notified market any weight or measure other than a standard weight or measure referred in sub-section (1). (3) All weights and measures used in a notified market shall, from time to time, be verified by the members of the Market Advisory Committee or the officers of the Agricultural Marketing 9Department or other officer or officers authorised by the Government in this behalf.",
"name": "Maintenance of standard weights and measures",
"related_acts": "",
"section_id": 15
},
{
"act_id": 337,
"details": "16. (1) Any Officer of the Agricultural Marketing 10Department or other Officer authorised by the Government may require any market functionary operating in a notified market to furnish information in regard to any transaction of an agricultural produce in such notified market and to produce any document relating to price, supply position, stock position, movement and marketing cost of such produce and such other matter as he 11may consider necessary; and such market functionary shall be bound to furnish the information and produce the documents required by such officer. (2) No market functionary shall, being required under sub-section (1) to furnish information or produce documents, refuse or wilfully omit to furnish information and produce documents required of him, or supply information knowing or having reason to believe such information to be false.",
"name": "Collection of information from a market functionary",
"related_acts": "",
"section_id": 16
},
{
"act_id": 337,
"details": "1217A. No Court shall take cognizance of any offence under this Act except upon a written complaint made by the Director or any officer authorised by him, by general or special order, in this behalf.",
"name": "Cognizance of offence",
"related_acts": "",
"section_id": 17
},
{
"act_id": 337,
"details": "17. Whoever contravenes any provision of this Act specified in the first column of the following table, shall be punished with fine or simple imprisonment, in default of fine, which may extend to the amount or period specified in the third column of the table. TABLE Provision of the Act. Brief description of the offence. Maximum fine or simple imprisonment. Section 3(2) .. Acting as a market functionary in a notified market except under a licence. Taka 500 or, in default, simple imprisonment for 3 months. Section 12(2) .. Paying or receiving market charges in excess of the market charges fixed under section 12(1). Taka 500 or, in default, simple imprisonment for 3 months. Section 13 .. Making or receiving any trade allowance other than an allowance prescribed by rules. Taka 500 or, in default, simple imprisonment for 2 months. Section 15(2) .. Using any weight or measure other than a standard weight or measure. Taka 200 or, in default, simple imprisonment for 2 months. Section 16(2) .. Refusal or wilful omission to furnish information and to produce documents or supplying of information knowing or having reason to believe such information to be false. Taka 500 or, in default, simple imprisonment for 3 months for the first offence and Taka 10 per day for every day after the first offence during which the information or documents are not furnished or produced subject to a maximum of Taka 1,000 or, in default, simple imprisonment for 6 months.",
"name": "Penalty",
"related_acts": "",
"section_id": 18
},
{
"act_id": 337,
"details": "18. 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": 19
},
{
"act_id": 337,
"details": "19. The Government may, by notification in the official Gazette, amend the schedule, and, in so amending the schedule, may add to, or omit from, the schedule any agricultural produce which was previously not included or included, as the case may be, in the Schedule.",
"name": "Power to amend the schedule",
"related_acts": "",
"section_id": 20
}
],
"text": "An Act to provide for the regulation of the purchase and sale of agricultural produce and of markets in which such produce is purchased and sold in Bangladesh. 1♣ WHEREAS it is expedient to provide for the regulation of the purchase and sale of agricultural produce and of markets in which such produce is purchased and sold in Bangladesh; It is hereby enacted as follows:-"
} |
{
"id": 338,
"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 (bb) was inserted by section 3 of the Cadet College (Amendment) Ordinance, 1970 (East Pakistan Ordinance No. II of 1970)",
"3 Sections 4A, 4B and 4C were inserted by section 4 of the Cadet College (Amendment) Ordinance, 1970 (East Pakistan Ordinance No. II of 1970)",
"4 Section 4A was substituted by section 2 of the Cadet College (Amendment) Act, 2016 (Act No. XI of 2016).",
"5 The word “and” was omitted by Article 4 of the Cadet College Ordinance (Amendment) Order, 1972 (President’s Order No. 89 of 1972)",
"6 The semi-colon and the word “; and” were substituted for the full stop (.) by Article 4 of the Cadet College Ordinance (Amendment) Order, 1972 (President’s Order No. 89 of 1972)",
"7 Clause (h) was inserted by Article 4 of the Cadet College Ordinance (Amendment) Order, 1972 (President’s Order No. 89 of 1972)",
"8 Section 5 was substituted by section 3 of the Cadet College (Amendment) Act, 1973 (Act No. XX of 1973)",
"9 Clause (a) was substituted by section 3 of the Cadet College (Amendment) Act, 2016 (Act No. XI of 2016).",
"10 Clause (f) was substituted by Article 6 of the Cadet College Ordinance (Amendment) Order, 1972 (President’s Order No. 89 of 1972)",
"11 Clause (h) was omitted by section 6 of the Cadet College (Amendment) Ordinance, 1970 (East Pakistan Ordinance No. II of 1970)",
"12 The words “Government of the People’s Republic of Bangladesh” were substituted for the words “Governor of East Pakistan” by Article 9 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972",
"13 The words “Government of the People’s Republic of Bangladesh” were substituted for the words “the Governor” by Article 9 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)"
],
"name": "The Cadet College Ordinance, 1964 (East Pakistan Ordinance)",
"num_of_sections": 16,
"published_date": "30th June, 1964",
"related_act": [
388
],
"repelled": true,
"sections": [
{
"act_id": 338,
"details": "1. (1) This Ordinance may be called the 1* * * Cadet College Ordinance, 1964. (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": 338,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“Cadet” means a student of the College; (b) \t“College” means a Cadet College established under section 3; 2(bb) \t“Council of Cadet Colleges” means the Council of Cadet Colleges constituted under section 4A; (c)\t“Governing Body” means the Governing Body of Cadet College; (d)\t“Regulation” means regulation made by the Governing Body under this Ordinance; and (e)\t“Rules” means the rules made by the Council of Cadet Colleges.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 338,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government of the People's Republic of Bangladesh, if it thinks fit, may, by notification in the official Gazette, establish one or more Cadet College or Colleges in such area or areas on such date or dates as may be specified in the notification. (2) Every College shall be a body corporate by the name of the Cadet College and shall have perpetual succession and a common seal, and shall, by the said name, sue and be sued, with power to acquire and hold property, both movable and immovable, and, subject to prescribed conditions, to transfer any property held by it, and to contract and do all other things necessary for the purposes of this Ordinance. (3) The headquarter of the College shall be located at such place as may be specified in the notification.",
"name": "Establishment of Cadet Colleges",
"related_acts": "",
"section_id": 3
},
{
"act_id": 338,
"details": "4. The College shall exercise the following powers and perform the following duties, namely:- (a)\tto provide a sound liberal public school education; (b) \tto provide elementary military training to Cadets; (c) \tto provide for instruction in such branches of learning as the College may think fit; and (d) \tto do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the College as a teaching institution and to cultivate and promote arts, science and other branches of learning.",
"name": "Powers and functions of the College",
"related_acts": "",
"section_id": 4
},
{
"act_id": 338,
"details": "3 44A. The Council of Cadet Colleges shall consist of the following namely :- Chairman (a) Secretary, Ministry of Defence, ex-officio; Members (b) Chairman, Governing Body, ex-officio; (c) Additional Secretary, Finance Division, Ministry of Finance, ex-officio; (d) Joint Secretary, Ministry of Education, ex-officio; (e) Director, Army Education, Bangladesh Army, ex-officio; (f) One person to be nominated by the Chief of Naval Staff, Bangladesh Navy; (g) One person to be nominated by the Chief of Air Staff, Bangladesh Air Force; (h) Director General, Directorate of Secondary and Higher Education, ex-officio; (i) Principals of all Cadet Colleges, ex-officio; Member Secretary (j) Joint Secretary, Ministry of Defence, ex-officio.",
"name": "Constitution of the council of Cadet Colleges",
"related_acts": "",
"section_id": 5
},
{
"act_id": 338,
"details": "4B. (1) The Council of Cadet Colleges shall ordinarily meet twice a year at Dacca on a date to be fixed by the Chairman. (2) The Chairman may, whenever he thinks fit, convene a special meeting of the Council of Cadet Colleges.",
"name": "Meeting of the Council of Cadet Colleges",
"related_acts": "",
"section_id": 6
},
{
"act_id": 338,
"details": "4C. (1) The Council of Cadet Colleges shall- (a) \tprescribe, subject to availability of funds, the scales of pay of the teaching and administrative staff; (b)\tdetermine the duties and conditions of service of the employees of the Cadet Colleges; (c)\tprescribe, subject to prior approval of the Boards of Intermediate and Secondary Education, the courses of study for all classes of the Cadet Colleges; (d)\tconsider and approve the annual accounts, balance sheet and annual budget estimate of the Cadet Colleges; (e)\tdetermine the award of scholarships to cadets; (f)\tregulate admission of cadets to the Cadet Colleges; 5* * * (g)\tdealt with any other matter common to all Cadet Colleges 6; and 7(h) appoint the Principal and the Vice-Principal of the Colleges. (2) Subject to the provisions of this Ordinance, the Council of Cadet Colleges may make rules for the proper discharge of its functions specified in sub-section (1) of this section.",
"name": "Powers and duties of the Council of Cadet Colleges",
"related_acts": "",
"section_id": 7
},
{
"act_id": 338,
"details": "85. The Governing Body shall consist of the following, namely:- Chairman 9a) Adjutant General, Bangladesh Army, (ex-officio); Members (b)\tOne representative of the Commissioner of the Division; (c)\tDeputy Director of Public Instruction of the Division (ex-officio); (d)\tLocal Brigade Commander (ex-officio); Member-Secretary (e) \tPrincipal of the College (ex-officio).",
"name": "Constitution of the Governing Body",
"related_acts": "",
"section_id": 8
},
{
"act_id": 338,
"details": "6. (1) The Governing Body shall be the Executive Body of the College and subject to other provisions of the Ordinance and the powers conferred on the Council of Cadet Colleges, shall have the general management and superintendence over the affairs, concerns and property of the College. The assets of the College shall vest in the Governing Body. (2) Subject to other provisions contained in this Ordinance, the Governing Body,- (a) \tshall hold, control and administer the property and funds of the College; (b) \tshall determine the form, provide for the custody and regulate the use, of the common seal of the College; (c)\tshall submit to the Government of the People's Republic of Bangladesh annually a full statement of the financial requirements of the College; (d)\tshall administer any funds placed at the disposal of the College for specific purposes; (e) \tshall have power to accept on behalf of the College transfers any movable or immovable property; 10(f)\tsubject to the provisions of this Ordinance shall except the Principal and the Vice-Principal, appoint the members of the staff and shall provide for the filling of temporary vacancies in their posts; (g)\tshall consider, examine and initiate proposals for the improvement of the College; 11* * * (i) \tshall consider and pass such resolutions on the annual report, the annual accounts and the financial estimates as it thinks fit; and (j) \tshall exercise such other powers and functions and such other duties as may be conferred or imposed on it by this Ordinance or the regulation.",
"name": "Powers and duties of the Governing Body",
"related_acts": "",
"section_id": 9
},
{
"act_id": 338,
"details": "7. The 12Government of the People's Republic of Bangladesh may, by an order in the official Gazette, supersede the Governing Body when he considers that it has failed to discharge its duties properly.",
"name": "Power to supersede the Governing Body",
"related_acts": "",
"section_id": 10
},
{
"act_id": 338,
"details": "8. (1) The annual report of the College shall be prepared under the direction of the Governing Body, and shall be submitted to the Government of the People's Republic of Bangladesh within three months of the close of the academic year to which such report relates. (2) The Government of the People's Republic of Bangladesh may make suggestions on the annual report and communicate the same to the Governing Body which shall take such actions as it thinks fit, and the Governing Body shall inform the Government of the People's Republic of Bangladesh of the action taken by it.",
"name": "Annual report",
"related_acts": "",
"section_id": 11
},
{
"act_id": 338,
"details": "9. (1) The annual accounts and balance sheets of the College shall be prepared under the direction of the Governing Body and shall be submitted to the Council of Cadet Colleges for consideration and approval. (2) The accounts of the College shall be audited by the Accountant-General, Bangladesh and the audit report together with the Governing Body's comments thereon shall be submitted to the Government of the People's Republic of Bangladesh for approval. (3) The annual budget estimate shall be prepared by the Governing Body which shall submit the same to the Council of Cadet Colleges for consideration and approval. (4) The Government of the People's Republic of Bangladesh shall contribute annually to the Cadet Colleges such sum of money as may be determined by them.",
"name": "Annual Account",
"related_acts": "",
"section_id": 12
},
{
"act_id": 338,
"details": "10. The Governing Body of the College may make regulations, not inconsistent with the provisions of this Ordinance, for carrying out the purposes of this Ordinance.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 13
},
{
"act_id": 338,
"details": "11. No act or proceeding of the Governing Body of the College shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.",
"name": "Proceeding of the College authorities not invalidated by vacancies",
"related_acts": "",
"section_id": 14
},
{
"act_id": 338,
"details": "12. If any difficulty arises with respect to the establishment of the College or Governing Body of the College or otherwise in first giving effect to the provisions of this Ordinance, 13Government of the People's Republic of Bangladesh may, by order, make any appointment or do anything which appears to him necessary or expedient and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Ordinance.",
"name": "Power to remove difficulties",
"related_acts": "",
"section_id": 15
},
{
"act_id": 338,
"details": "13. 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 Ordinance to make provision for establishment of Cadet Colleges in Bangladesh. ♣♠ WHEREAS it is expedient to make provision for establishment of Cadet Colleges in Bangladesh; AND WHEREAS the Provincial Assembly of East Pakistan is not in session and the Governor is satisfied that circumstances exist which render immediate legislation necessary; NOW, THEREFORE, in exercise of the powers conferred by Article 79 of the Constitution of the Islamic Republic of Pakistan and all other powers enabling him in that behalf, the Governor is pleased to make and promulgate the following Ordinance, namely:-"
} |
{
"id": 339,
"lower_text": [
"1 The word “Bangladesh” was substituted for the word “Pakistan” by section 3 of the Civil Aviation Laws Amendment Ordinance, 1985 (Ordinance No. XXIII of 1985)",
"2 Clause (a) was substituted by section 3 of the Civil Aviation Laws Amendment Ordinance, 1985 (Ordinance No. XXIII of 1985)",
"3 The words “three years” were substituted for the words “six months” by section 3 of the Civil Aviation Laws Amendment Ordinance, 1985 (Ordinance No. XXIII of 1985)",
"4 The words “five thousand Taka” were substituted for the words “five hundred rupees” by section 3 of the Civil Aviation Laws Amendment Ordinance, 1985 (Ordinance No. XXIII of 1985)",
"5 e words “fifty Taka” were substituted for the words “twenty rupees” by section 3 of the Civil Aviation Laws Amendment Ordinance, 1985 (Ordinance No. XXIII of 1985)"
],
"name": "The Aircraft (Removal of Danger to Safety) Ordinance, 1965",
"num_of_sections": 10,
"published_date": "16th July, 1965",
"related_act": [
339
],
"repelled": false,
"sections": [
{
"act_id": 339,
"details": "1. (1) This Ordinance may be called the Aircraft (Removal of Danger to Safety) Ordinance, 1965. (2) It extends to the whole of 1Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "339",
"section_id": 1
},
{
"act_id": 339,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- 2(a)\t“airfield” means the Zia International Airport, Dhaka, Civil Airport Chittagong, Sylhet Osmani Airport, Civil Airport Cox's Bazar, Civil Airport Saidpur, Civil Airport Rajshahi, Civil Airport Jessore, Civil Airport Ishurdi, the Bangladesh Air Force airfield at Dhaka and such other aerodrome as the Government may, by notification in the official Gazette, declare to be an airfield within the meaning of this Ordinance. (b)\t“specified area” means the area lying within a radius of five nautical miles from either end of a runway of an airfield.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 339,
"details": "3. (1) The Government may by order require the owner or the person in possession or having the management or control of any tannery, slaughter-house, cattle-yard, fish-drying area, refuse-dump or other place within a specified area which attracts birds to take within such period as may be specified in the order such measures for avoiding attraction of birds which may endanger the safety of aircraft as may be so specified. (2) Any person affected by an order under sub-section (1) may, within thirty days following the order, make an application to the Government for a review of the order on the ground that the measures directed to be taken are not necessary or that alternative measures described in the application would be equally effective for avoiding attraction of birds. (3) The Government may, after considering the application made under sub-section (2) and giving the applicant an opportunity of being heard, modify, cancel or confirm the order made under sub-section (1).",
"name": "Measures to avoid attraction of birds",
"related_acts": "",
"section_id": 3
},
{
"act_id": 339,
"details": "4. Where an order made under sub-section (1) of section 3 is not complied with the Government may, by notification in the official Gazette, prohibit the use of, or the carrying on of any trade or occupation in the tannery, slaughter-house, cattle-yard, fish-drying area, refuse-dump or other place with respect to which the order was made.",
"name": "Non-compliance with order under section 3",
"related_acts": "",
"section_id": 4
},
{
"act_id": 339,
"details": "5. Within a specified area, no tannery, slaughter-house or cattle-yard shall be constructed, established or extended and no place shall be used for fish-drying or as a refuse-dump or for carrying on any trade or occupation which attracts birds except with the prior permission in writing of the Government and in accordance with the terms and conditions, if any, on which the permission is granted.",
"name": "Restriction on construction or extension of tannery, etc.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 339,
"details": "6. Any person authorised in this behalf by the Government may at any time between sunrise and sunset enter and inspect any tannery, slaughter-house, cattle-yard or fish-drying area or any premises or land used as a refuse-dump or for carrying on any trade or occupation which may attract birds, for the purpose of ascertaining the extent of danger to the safety of aircraft caused by the attraction of birds and seeing whether the provisions of this Ordinance and any order or notification made or issued thereunder have been complied with.",
"name": "Power of entry in premises, etc.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 339,
"details": "7. Whoever fails to comply with or contravenes any of the provisions of this Ordinance or any order, direction or notification issued or made thereunder, or wilfully obstructs any person in doing any of the acts authorised by this Ordinance shall be punishable with imprisonment for a term which may extend to 3three years, or with fine which may extend to 4five thousand Taka, or with both, and in the case of a continuing offence, with an additional fine which may extend to 5fifty Taka for every day after the first during which the offence continues.",
"name": "Penalty",
"related_acts": "",
"section_id": 7
},
{
"act_id": 339,
"details": "8. No Court inferior to that of a Magistrate of the first class shall try an offence punishable under this Ordinance.",
"name": "Power to try an offence",
"related_acts": "",
"section_id": 8
},
{
"act_id": 339,
"details": "9. (1) No order made, notification issued or proceeding taken under this Ordinance shall be called in question in any Court. (2) 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": "Indemnity",
"related_acts": "",
"section_id": 9
},
{
"act_id": 339,
"details": "10. 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": 10
}
],
"text": "An Ordinance to make provision for the removal of danger to the safety of aircraft.♣ WHEREAS it is expedient to make provision for the removal of danger to the safety of aircraft caused by the location of bird attracting sites around certain airfields; AND WHEREAS the National Assembly is not in session and the President is satisfied that circumstances exist which render immediate legislation necessary; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 29 of the Constitution, and of all other powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 340,
"lower_text": [
"1 Throughout this Ordinance, the word “Bangladesh” was substituted for the word “Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “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 “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 Naval Academy (Award of Degrees) Ordinance, 1965",
"num_of_sections": 4,
"published_date": "21st July, 1965",
"related_act": [
388,
340,
430
],
"repelled": false,
"sections": [
{
"act_id": 340,
"details": "1. (1) This Ordinance may be called the 2* * * Naval Academy (Award of Degrees) Ordinance, 1965. (2) It shall come into force at once.",
"name": "Short title and commencement",
"related_acts": "340",
"section_id": 1
},
{
"act_id": 340,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“Cadet-entry Officer” means a person appointed as a cadet in any branch of the Bangladesh Navy, and includes any such person promoted to the rank of midshipman or acting sub-lieutenant, while still undergoing the prescribed course; (b) \t“prescribed course” means a course of training prescribed by regulations made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 340,
"details": "3. The Bangladesh Naval Academy shall have the power to confer the degree of the Bachelor of Science, abbreviation whereof shall be B.Sc. (N.A.), on any Cadet-entry Officer on his successful completion of the prescribed course in the Bangladesh Naval Academy appropriate to his branch, and such power shall include the power to confer that degree on any Cadet-entry Officer who at any time before the commencement of this Ordinance was commissioned on completion of a similar prescribed course.",
"name": "Conferment of degrees on Cadet-entry Officers",
"related_acts": "",
"section_id": 3
},
{
"act_id": 340,
"details": "4. The Bangladesh Naval Academy may, with the previous approval in writing of the 3Government, make regulations for carrying out the purposes of this Ordinance.",
"name": "Power to make Regulations",
"related_acts": "",
"section_id": 4
}
],
"text": "An Ordinance to authorise the Bangladesh Naval Academy to confer degrees.1♣ WHEREAS it is expedient to authorise the Bangladesh Naval Academy to confer degrees; AND WHEREAS the National Assembly is not in session and the President is satisfied that circumstances exist which render immediate legislation necessary; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 29 of the Constitution and of all other powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 341,
"lower_text": [
"1 Throughout this Ordinance, 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 “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 The word “Pakistan” was omitted Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"4 The word “Pakistan” was omitted Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"5 The word “Pakistan” was omitted Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"6 The word “Pakistan” was omitted 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)",
"8 Sub-section (4A) was inserted by section 2 of the Reservists (Reinstatement in Civil Employment) (Amendment) Ordinance, 1965 (Ordinance No. XLVII of 1965.)"
],
"name": "The Reservists (Reinstatement in Civil Employment) Ordinance, 1965",
"num_of_sections": 5,
"published_date": "21st July, 1965",
"related_act": [
256,
388,
75,
237,
430,
341,
310,
248
],
"repelled": false,
"sections": [
{
"act_id": 341,
"details": "1. (1) This Ordinance may be called the Reservists (Reinstatement in Civil Employment) Ordinance, 1965. (2) It extends to the whole of 2Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "341",
"section_id": 1
},
{
"act_id": 341,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“employer” means any person who employs any other person, either directly or through another person, whether on behalf of himself or any other person, and includes Government and any corporation, institution or undertaking established or set up under any law or by or under the authority of Government; (b)\t“reservist” has the same meaning as in the 3* * * Army and Air Force Reserves Act, 1950, and includes a person who is liable to be recalled after retirement, release or discharge to service or training under any rule or regulation made under the 4* * * Army Act, 1952, the 5* * * Air Force Act, 1953 and the 6* * * Navy Ordinance, 1961.",
"name": "Definitions",
"related_acts": "237,248,256,310",
"section_id": 2
},
{
"act_id": 341,
"details": "3. (1) Notwithstanding anything contained in any other law for the time being in force or in any contract or agreement, a reservist who has been called up for service or training whether before or after the commencement of this Ordinance shall, upon the termination of such service or training, be entitled to reinstatement in the employment from which he was released at the time he was called up and the employer shall reinstate such reservist in such employment or, if such reinstatement is less favourable to the reservist than that to which he would, in the ordinary course, have been entitled, give him such employment as is not so less favourable: Provided that the employer shall not be required to reinstate or employ any reservist if he does not apply or report to the employer for the purpose within three months of his release from service or training. (2) Where for any reason reinstatement or employment of a reservist under sub-section (1) is not practicable, the employer shall, within ten days from the date on which the reservist applies or reports himself for reinstatement or employment, make an application to the Government or an authority empowered by it in this behalf for exemption from the provisions of sub-section (1) and send a copy thereof to such reservists. (3) Upon an application under sub-section (2) the Government or the authority empowered by it shall, after such enquiry and hearing as it considers necessary, make an order- (a) \texempting the employer from the provisions of sub-section (1); or (b) \trequiring the employer to reinstate or give employment to the reservist on such terms and conditions as it may specify in the order. (4) If any employer contravenes the provisions of sub-section (1) or fails or neglects to carry out an order under sub-section (3), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand 7Taka, or with both, and the Court convicting him shall direct that the employer shall also pay as compensation to the reservist concerned an amount equal to six months' remuneration of the reservist at the rate to which he was entitled when he was released. 8(4A) Where the person guilty of an offence under this Ordinance is a company or other body corporate, every director, manager, secretary or other officer thereof who is, for the time being, competent to comply with the provisions of this Ordinance shall, unless he proves that he exercised all due diligence to prevent the commission of the offence, be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) No Court inferior to that of a Magistrate of the first class invested with powers under section 30 of the Code of Criminal Procedure, 1898, shall try an offence under this section.",
"name": "Reinstatement of reservists called up for army service, etc.",
"related_acts": "75",
"section_id": 3
},
{
"act_id": 341,
"details": "4. No order made or proceedings taken under this Ordinance shall be called in question in any Court.",
"name": "Jurisdiction of Courts barred",
"related_acts": "",
"section_id": 4
},
{
"act_id": 341,
"details": "5. 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": 5
}
],
"text": "An Ordinance to provide for the reinstatement in civil employment of reservists called up for service or training in any of the Defence Services.1♣ WHEREAS it is expedient to provide for the reinstatement in civil employment of reservists called up for service or training in any of the Defence Services and matters ancillary thereto; AND WHEREAS the national interest of Pakistan in relation to the achievement of uniformity within the meaning of clause (2) of Article 131 of the Constitution requires Central legislation in the matter; AND WHEREAS the National Assembly is not in session and the President is satisfied that circumstances exist which render immediate legislation necessary; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 29 of the Constitution, and of all other powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 342,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh”, “Government” and “Taka” were substituted for the words “Pakistan”, “Central Government or the Provincial Government” or “Provincial Government” or “Central Government or a Provincial Government” or “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 (5) 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 (7) was omitted 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 proviso 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, brackets, commas and figures “or for service under the Compulsory Service (Armed Forces) Ordinance, 1965 (XXIV of 1965), in pursuance of an order or requisition of the Board or of a notice served under section 6 of the said Ordinance” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"7 Clauses (b) and (bb) were substituted for the former clause (b), by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 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)",
"9 The word “Division” was substituted for the word “Board” 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 Employment Ordinance, 1965",
"num_of_sections": 17,
"published_date": "18th September, 1965",
"related_act": [
230,
75,
430,
86,
342
],
"repelled": false,
"sections": [
{
"act_id": 342,
"details": "1. (1) This Ordinance may be called the Control of Employment Ordinance, 1965. (2) It extends to the whole of Bangladesh, and also applies to all citizens of Bangladesh, and vehicles, vessels and aircraft registered in or chartered for Bangladesh wherever they may be. (3) It shall come into force at once and shall be deemed to have taken effect on the eighth day of September, 1965.",
"name": "Short title, extent, application and commencement",
"related_acts": "342",
"section_id": 1
},
{
"act_id": 342,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (1)\t“Board” means a Manpower Board constituted under section 4; (2)\t“essential personnel” has the same meaning as assigned to it in clause (a) of section 2 of the Essential Personnel (Registration) Ordinance, 1948, as amended from time to time; (3)\t“essential work” means any work relating to the manufacture, production, maintenance or repair of arms, ammunition and equipment or other supplies and any other work which the Government may, by notification in the official Gazette, declare to be essential work for the purposes of this Ordinance; (4)\t“industrial undertaking” means,- (a) any concern engaged in- (i)\tthe manufacture or production of any article or commodity; (ii) \tthe supply or distribution of light, power, gas or water; (iii)\tthe supply or maintenance of any kind of mechanised transport; (b)\tany concern engaged in installing equipment or erecting premises or preparing and producing designs for, or testing the products of, any concern referred to in sub-clause (a); (c) \tany technical training establishment or centre; and (d)\tany other undertaking which the Government may, by notification in the official Gazette, declare to be an industrial undertaking for the purposes of this Ordinance; 2* * * (6) \t“prescribed” means prescribed by rules made under this Ordinance; and 3* * *",
"name": "Definitions",
"related_acts": "230",
"section_id": 2
},
{
"act_id": 342,
"details": "3. Manpower Council.- 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": 3
},
{
"act_id": 342,
"details": "44. (1) The Government may constitute a Manpower Board consisting of 6 members to be appointed by it. (2) One of the members appointed under sub-section (1) as may be determined by the Government, shall be the Chairman of the Board. (3) Three members of the Board including the Chairman shall constitute a quorum at a meeting of the Board.",
"name": "Manpower Board",
"related_acts": "",
"section_id": 4
},
{
"act_id": 342,
"details": "5. (1) The functions of the Board shall include collection of information relating to employment in industrial undertakings and availability of persons therefore, and to control and distribution of, and taking measures to make persons available for, such employment: 5* * * (2) For the purpose of sub-section (1), the Board may- (a) \trequire any person or industrial undertaking to furnish or cause to be furnished, such information and in such manner and form as it may specify; (b) \ttake measures, or cause measures to be taken, by any industrial undertaking or other competent authority, to ensure that the required number of persons is available for employment in such undertaking; (c) \trequire any person to undertake any essential work he is competent to do; (d) \tprohibit any person from accepting any employment or offer of employment; (e) \tcontrol or regulate the employment in any industrial undertaking; (f) \tregulate the relinquishment of employment by, and the dismissal of, any person employed in any industrial undertaking; (g) \torder the release, transfer, interview, training or test of skill of any person employed or to be considered for employment in any industrial undertaking; (h) \tprohibit persons employed or engaged in any essential work from leaving the work or absenting themselves from duty or slowing down or otherwise impeding their output; (i) \tlay down the terms and conditions of service of persons employed, or to be employed, in any industrial undertaking; (j) \tauthorise any of its members or officers to enter upon, inspect and search any premises occupied by any industrial undertaking and to ask for and examine any document relating to such undertaking and to require any person employed or found therein to furnish any information relating thereto; (k) \tauthorise any of its officers or any persons employed in a managerial or supervisory capacity in any industrial undertaking to test therein the technical skill of such persons as the Board may, by order in writing, direct and require any such undertaking to afford reasonable facilities for such test; (l) \trequire any industrial undertaking to maintain such books of accounts and records and in such form as it may direct; and (m) \trequire the employment exchanges to issue call up notices.",
"name": "Functions and powers of the Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 342,
"details": "6. (1) Where the Board makes any order or gives any direction requiring any person or industrial undertaking to furnish any information or document or to afford any facility or to take any measure or to do or refrain from doing anything, such persons and, in the case of an industrial undertaking, the owner, director, manager, secretary or other officer or agent thereof competent for the purpose, shall subject to the other provisions of this section comply with such order or direction. (2) Any person or industrial undertaking aggrieved by an order or direction of the Board may prefer an appeal against such order or direction to the Government or to such officer or authority as the Government may appoint, and the decision of the Government or such officer or authority, as the case may be, shall be final. (3) Failure or neglect to comply with any order or direction of the Board or, where an appeal is preferred under sub-section (2), with the final decision thereon shall be an offence under the Ordinance.",
"name": "Obligation to comply with the order or direction of the Board, etc.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 342,
"details": "7. (1) Subject to the other provisions of this section, every employer by whom a person was released for any essential work 6* * * shall, on the termination of, or release from, such work or service, reinstate such person in his former employment from which he was released and, if such reinstatement is less favourable to such person than that to which he would, in the ordinary course, have been entitled, give him such employment as is not so less favourable: Provided that the employer shall not be required to so re-instate or employ any person if such person does not apply or report to him for the purpose within three months of the termination of, or release from the essential work or such service. (2) Where for any reason reinstatement or employment under sub-section (1) is not practicable, the employer shall, within seven days from the date on which the person to be reinstated or employed applies or reports himself for reinstatement or employment, make an application to the Tribunal for exemption from the provisions of sub-section (1). (3) Upon an application of the employer under sub-section (2), the Tribunal shall, after such enquiry and hearing as it considers necessary, make an order either- (a)\texempting the employer from the provisions of sub-section (1), in which case the employer shall be required to pay to such person a compensation of a sum not less than six months' remuneration of the person calculated at the rate he was entitled to when he was released by the employer; or (b)\trequiring the employer to reinstate or give employment to such person in terms of sub-section (1) or on such terms and conditions as it may specify in the order. (4) If any employer contravenes the provisions of sub-section (1), or fails or neglects to carry out the order of the Tribunal under sub-section (3), he shall be guilty of an offence under this Ordinance and be punishable with fine which may extend to one thousand Taka and, if the Court by which he is convicted so directs shall also be liable to pay to the person with respect to whose reinstatement or employment he has been convicted such sum not exceeding six months' remuneration of that person calculated at the rate he was entitled to when he was released as the Court may specify, in addition to any compensation he is required to pay under clause (a) of sub-section (3). (5) Any sum which the employer is required to pay under an order of the Tribunal under sub-section (3) or an order of the Court under sub-section (4), shall be recoverable as if it were a fine imposed by a Court.",
"name": "Reinstatement of person released under the orders of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 342,
"details": "8. (1) The Board may, for obtaining advice and assistance in the discharge of its functions under this Ordinance, constitute an Advisory Committee for such area and in such place as it may think fit. (2) An Advisory Committee constituted under sub-section (1) shall consist of - (a) \tthe Commissioner of the Division concerned, who shall be the Chairman of such Committee, 7(b) \tan officer of the Directorate of Labour nominated by that Directorate, (bb) \tan officer of the Bureau of Manpower, Employment Training, nominated by that Bureau, 8(c) \tone person to represent the Ministry of Industry, to be nominated by that Ministry, (d)\tone person to represent the Railway Board of the Province, to be nominated by that 9Division, (e)\tone person to represent the Ministry of Defence, to be nominated by that Ministry, (f)\tthe Manager of the Employment Exchange of the area concerned, (g)\tone person to represent the employers of the area concerned, and (h) \tone person to represent the workers of the area concerned. (3) Three members including the Chairman shall constitute a quorum at a meeting of the Advisory Committee.",
"name": "Advisory Committee",
"related_acts": "",
"section_id": 8
},
{
"act_id": 342,
"details": "9. (1) The Government shall constitute one or more Manpower Tribunals for such area or areas as it may consider necessary for the disposal of applications under sub-section (2) of section 7. (2) A Tribunal shall consist of a Chairman and two members all being appointed by the Government. (3) The Chairman of a Tribunal shall be a person who holds, or has held, a judicial post not inferior to that of a District Judge. (4) A member of the Board shall not be appointed to be member of a Tribunal. (5) A Tribunal shall meet at such times and places as it thinks fit. (6) A Tribunal shall, for the purpose of receiving evidence, administering oaths, enforcing the attendance of witnesses and compelling the discovery and production of documents, have the powers of a Civil Court under the Code of Civil Procedure, 1908, and shall be deemed to be such Court within the meaning of sections 480, 482 and 484 of the Code of Criminal Procedure, 1898.",
"name": "Manpower Tribunal",
"related_acts": "86,75",
"section_id": 9
},
{
"act_id": 342,
"details": "10. (1) The Government may, by notification in the official Gazette, declare any industrial undertaking to be a notified industrial undertaking for the purpose of this Ordinance. (2) Every notified industrial undertaking shall report to the Board in such manner and within such period all situations in the undertaking which are vacant or are soon likely to be vacant and employ such essential personnel within such period and on such terms and conditions as the Board may direct and no such industrial undertaking shall, except with the permission of the Board, fill any vacancy in which essential personnel may be employed.",
"name": "Notified industrial undertakings",
"related_acts": "",
"section_id": 10
},
{
"act_id": 342,
"details": "11. Any person who,- (a)\tfor the purpose of obtaining employment or procuring essential work, knowingly describes himself, or allows himself to be described, to any member of the Board or Advisory Committee as a person practising or engaged in any profession, occupation or employment when in fact he does not practise or engage himself in such profession, occupation or employment, or (b)\tfor the purpose of obtaining release from any essential work, knowingly makes, or allows to be made, any false statement to any member of the Board or Advisory Committee, or (c)\tbeing an owner, manager, or officer discharging managerial functions, knowingly furnishes, or allows to be furnished, false information relating to the undertaking, shall be guilty of an offence under this Ordinance.",
"name": "False statements",
"related_acts": "",
"section_id": 11
},
{
"act_id": 342,
"details": "12. Where the person guilty of an offence under the Ordinance or the rules made thereunder is an industrial undertaking, every owner, director, manager, secretary, or other officer or agent thereof shall, unless he proves that he made all efforts and exercised all diligence to prevent the commission of the offence, be deemed to be guilty of such offence.",
"name": "Offences by industrial undertakings",
"related_acts": "",
"section_id": 12
},
{
"act_id": 342,
"details": "13. (1) Whoever is guilty of an offence under this Ordinance or the rules made thereunder shall, save as otherwise provided elsewhere in this Ordinance or in the rules, 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. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under this Ordinance shall be cognizable. (3) No Court shall take cognizance of an offence under this Ordinance except with the previous sanction in writing of the Board. (4) No Court inferior to that of a Magistrate of the first class shall try an offence under this Ordinance.",
"name": "Penalty and procedure",
"related_acts": "75",
"section_id": 13
},
{
"act_id": 342,
"details": "14. Any notice, direction or order under this Ordinance to be served on any person may be served by being sent by post addressed to such person at his last known address.",
"name": "Service of notice, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 342,
"details": "15. No suit, prosecution or other legal proceeding shall be instituted in any Court in respect of anything in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 15
},
{
"act_id": 342,
"details": "16. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. (2) Rules made under sub-section (1) may provide that any contravention thereof shall be punishable with a penalty not exceeding that provided in section 13.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 16
},
{
"act_id": 342,
"details": "17. Nothing in this Ordinance shall apply to any industrial undertaking owned or managed, or person employed, by the Government or by such authority, body or institution as may be notified in this behalf by the Government.",
"name": "Saving",
"related_acts": "",
"section_id": 17
}
],
"text": "An Ordinance to provide for the collection of information relating to employment in industrial undertakings and availability of persons therefore, and for the control and distribution of such employment, and matters connected therewith or incidental thereto.1♣ WHEREAS it is expedient to provide for the collection of information relating to employment in industrial undertakings and availability of persons therefore, and for the control and distribution of such employment, and matters connected therewith or incidental thereto; AND WHEREAS a Proclamation of Emergency issued under clause (1) of Article 30 of the Constitution is in force; AND WHEREAS the President is satisfied that immediate legislation is necessary to meet the emergency; NOW, THEREFORE, in exercise of the powers conferred by clause (4) of Article 30 of the Constitution, read with clause (2) of Article 131 thereof, and of all other powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :-"
} |
{
"id": 343,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted for the words “East Pakistan” and “Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 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, commas, figures and brackets “Printing Presses and Publications (Declaration and Registration) Act, 1973 (XXIII of 1973) and কপিরাইট আইন, ২০০০ (২০০০ সনের ২৮নং আইন) ” were substituted for the words, commas, figures and brackets “Press and Publications Ordinance, 1960 (Ordinance No. XV of 1960) and the Copyright Ordinance, 1962 (Ordinance No. XXIV of 1962)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The word “Taka” was substituted for the word “rupees” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)"
],
"name": "The Publication of Books (Regulation and Control) Ordinance, 1965 (East Pakistan Ordinance)",
"num_of_sections": 11,
"published_date": "26th October, 1965",
"related_act": [
388,
430,
437,
846
],
"repelled": false,
"sections": [
{
"act_id": 343,
"details": "1. (1) This Ordinance may be called the 2* * * Publication of Books (Regulation and Control) Ordinance, 1965. (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": 343,
"details": "2. (1) In this Ordinance, unless there is anything repugnant in the subject or context,- (a) “book” includes every volume, part or division of a volume, and pamphlet, in any language, and every sheet of music, map, chart or plan, separately printed or lithographed, but does not include a newspaper; (b) “person” shall, include the proprietors, directors, managers, secretary or other officer or agent of a company or body corporate; (c) “prescribed” means prescribed by rules made under this Ordinance; and (d) “work” means a literary work. (2) All words used in this Ordinance, but not defined in this Ordinance, and used in the 3 Printing Presses and Publications (Declaration and Registration) Act, 1973 (XXIII of 1973) and কপিরাইট আইন, ২০০০ (২০০০ সনের ২৮ নং আইন) , shall have the same meanings as in those Ordinances.",
"name": "Definitions",
"related_acts": "437,846",
"section_id": 2
},
{
"act_id": 343,
"details": "3. (1) No person shall, except with the permission of the Government or such officer as may be specially empowered in this behalf, print or publish any book or work which is first printed or published in any foreign country. (2) Any person who has printed or published any book or work, which was first printed or published in any foreign country, immediately before the commencement of this Ordinance, shall, within two months from the date of commencement of this Ordinance, obtain permission of the Government under this Ordinance for publication or putting on circulation of such books or works.",
"name": "Restriction on Publication of certain books or works",
"related_acts": "",
"section_id": 3
},
{
"act_id": 343,
"details": "4. (1) An application for permission to print or publish a book or work shall be made in such manner and form and on payment of such fee as may be prescribed. (2) The Government or the officer specially empowered under sub-section (1) of section 3 shall refuse permission to print or publish a book or work if the book or work is prejudicial to the tradition, culture or national interest.",
"name": "Application for permission",
"related_acts": "",
"section_id": 4
},
{
"act_id": 343,
"details": "5. (1) Any person aggrieved by an order under sub-section (2) of section 4 may, within one month from the date of such order,- (a) \tprefer an appeal to the Government, if such order is passed by the officer specially empowered under sub-section (1) of section 3, or (b)\tapply for a review to the Government if such order is passed by the Government. (2) Any order passed in appeal or review under sub-section (1) shall be final and shall not be called in question in any Court.",
"name": "Appeal",
"related_acts": "",
"section_id": 5
},
{
"act_id": 343,
"details": "6. The Government may, by notification in the official Gazette, exempt any book or work from the provisions of this Ordinance.",
"name": "Exemption",
"related_acts": "",
"section_id": 6
},
{
"act_id": 343,
"details": "7. Any person contravening any provision of this Ordinance shall be punishable with imprisonment which may extend to two years, or with fine which may extend to one thousand 4Taka, or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 7
},
{
"act_id": 343,
"details": "8. On conviction, all copies of the book or work wherever found shall stand forfeited to Government and any Police-Officer may seize the same wherever found in Bangladesh.",
"name": "Forfeiture of the book or work",
"related_acts": "",
"section_id": 8
},
{
"act_id": 343,
"details": "9. (1) No Court shall take cognizance of an offence punishable under this Ordinance, except on complaint in writing made by the Government or by an officer authorised for the purpose by the Government. (2) No Court inferior to that of a Magistrate of the First Class shall try any offence under this Ordinance. (3) An offence under this Ordinance shall be cognizable and non-bailable.",
"name": "Jurisdiction to try offences",
"related_acts": "",
"section_id": 9
},
{
"act_id": 343,
"details": "10. Notwithstanding anything contained in any other law for the time being in force, no civil Court shall entertain any application or suit for any action taken or anything done under this Ordinance.",
"name": "Bar to jurisdiction of Civil Courts",
"related_acts": "",
"section_id": 10
},
{
"act_id": 343,
"details": "11. The Government may make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 11
}
],
"text": "An Ordinance to provide for the regulation and control of printing and publication of books or works first published in a foreign country.1♣ WHEREAS it is expedient to provide for the regulation and control of printing and publication of books or works first published in a foreign country; AND WHEREAS the Provincial Assembly of East Pakistan is not in session and the Governor is satisfied that circumstances exist which render immediate legislation necessary; NOW, THEREFORE, in exercise of the powers conferred by Article 79 of the Constitution of the Islamic Republic of Pakistan, the Governor is pleased to make and promulgate the following Ordinance, namely:-"
} |
{
"id": 344,
"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 “High Court Division” were substituted for the words “High Court” by Article 7(1)(a) of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972) as amended by the Bangladesh Adaptation of Existing Laws (Amendment) Order, 1972 (President’s Order No. 150 of 1972)"
],
"name": "The Carriage by Air (International Convention) Act, 1966",
"num_of_sections": 5,
"published_date": "18th June, 1966",
"related_act": [
388,
165,
7,
430,
86,
344
],
"repelled": false,
"sections": [
{
"act_id": 344,
"details": "1. (1) This Act may be called the Carriage by Air (International Convention) Act, 1966. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once and shall be deemed to have taken effect on the first day of August, 1963.",
"name": "Short title, extent and commencement",
"related_acts": "344",
"section_id": 1
},
{
"act_id": 344,
"details": "2. (1) The rules contained in the First Schedule, being the provisions of the Convention for the unification of certain rules relating to international carriage by air known as “the Warsaw Convention as amended at The Hague, 1955”, hereinafter referred to as the Convention, shall, subject to the provisions of this Act, have the force of law in Bangladesh in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage. (2) The Government may, by notification in the official Gazette, certify who are the High Contracting Parties to the Convention, in respect of what territories they are parties, and to what extent they have availed themselves of the Additional Protocol to the Convention, and any such notification shall be conclusive evidence of the matters certified therein. (3) Notwithstanding anything contained in the Fatal Accidents Act, 1855, or any other law for the time being in force, the rules contained in the First Schedule shall, in all cases to which those rules apply, determine the liability of a carrier in respect of the death of a passenger, and the rules contained in the Second Schedule shall determine the persons by whom and for whose benefit and the manner in which such liability may be enforced. (4) Any sum in francs mentioned in rule 22 of the First Schedule shall, for the purpose of any action against a carrier, be converted into rupees at the rate of exchange prevailing on the date on which the amount of damages to be paid by the carrier is ascertained by the Court. (5) Any reference in the First Schedule- (a)\tto the territory of any High Contracting Party to the Convention shall be construed as a reference to all the territories in respect of which he is a party; and (b)\tto agents of the carrier shall be construed as including a reference to servants of the carrier.",
"name": "Application of the Warsaw Convention, as amended, to Bangladesh",
"related_acts": "7",
"section_id": 2
},
{
"act_id": 344,
"details": "3. (1) Every High Contracting Party to the Convention who has not availed himself of the provisions of the Additional Protocol thereto shall, for the purposes of any suit brought in a Court in Bangladesh in accordance with the provisions of rule 28 of the First Schedule to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that Court and to be a person for the purposes of the Code of Civil Procedure, 1908. (2) The 2High Court Division may make rules of procedure providing for all matters which may be expedient to enable such suits to be instituted and carried on. (3) Nothing in this section shall authorise any Court to attach or sell any property of a High Contracting Party to the Convention.",
"name": "Provisions regarding suits against High Contracting Parties who undertake carriage by air",
"related_acts": "86",
"section_id": 3
},
{
"act_id": 344,
"details": "4. The Government may, by notification in the official Gazette, apply the rules contained in the First Schedule and any provision of section 2 to such carriage by air, not being international carriage by air as defined in the First Schedule, as may be specified in the notification, subject, however, to such exceptions, adaptations and modifications, if any, as may be so specified.",
"name": "Application of Act to carriage by air which is not international",
"related_acts": "",
"section_id": 4
},
{
"act_id": 344,
"details": "5. The Carriage By Air Act, 1934, shall,- (a)\tin so far as it relates to carriage by air to which the rules contained in the First Schedule to this Act may, for the time being, apply, stand repealed; and (b) \tto the extent it has not been so repealed, have effect subject to the modification that for the provisions of the Second Schedule to that Act the provisions of the Second Schedule to this Act shall be substituted.",
"name": "Repeal, etc.",
"related_acts": "165",
"section_id": 5
}
],
"text": "An Act to give effect in Bangladesh to the Convention concerning international carriage by air known as “the Warsaw Convention as amended at The Hague, 1955”.1♣ WHEREAS it is expedient to give effect in Bangladesh to the Convention concerning international carriage by air known as “the Warsaw Convention as amended at The Hague, 1955”, and to enable the rules contained in that Convention to be applied, subject to exceptions, adaptations and modifications, to carriage by air in Bangladesh which is not international carriage within the meaning of the Convention, and to provide for matters connected herewith; It is hereby enacted as follows:-"
} |
{
"id": 345,
"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 words “employee of the Government” were substituted for the words “servant of 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)",
"3 The word “Government” was substituted for the words “Central Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"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)"
],
"name": "The Ex-Government Servants (Employment with Foreign Governments) (Prohibition) Act, 1966",
"num_of_sections": 4,
"published_date": "7th July, 1966",
"related_act": [
345,
430
],
"repelled": false,
"sections": [
{
"act_id": 345,
"details": "1. (1) This Act may be called the Ex-Government Servants (Employment with Foreign Governments) (Prohibition) Act, 1966. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "345",
"section_id": 1
},
{
"act_id": 345,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \t“ex-Government servant” means any person who was, at any time, appointed or employed as an officer or 2employee of the Government and has ceased to be so appointed or employed; (b)\t“foreign agency” means any office or establishment of the diplomatic or consular representative of a foreign Government by whatever name called, and includes any information, public relations, trade or commercial agency, service centre or foundation established or maintained by any such Government or by any person who is a national of a foreign country; and (c)\t“foreign Government” means the Government of a foreign country.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 345,
"details": "3. (1) No ex-Government servant shall, except with the previous permission in writing of the 3Government, seek or take up employment as an officer or servant of a foreign Government or a foreign agency. (2) Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).",
"name": "Prohibition of employment, etc.",
"related_acts": "430",
"section_id": 3
},
{
"act_id": 345,
"details": "4. Whoever contravenes the provisions of section 3 shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand 4Taka, or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 4
}
],
"text": "An Act to prohibit ex-Government servants from seeking or taking up employment with a foreign Government or foreign agency.1♣ WHEREAS in the interest of the security of Bangladesh, it is expedient to prohibit ex-Government servants from seeking or taking up employment with a foreign Government or foreign agency; AND WHEREAS the national interest in relation to the security of Bangladesh requires Central legislation in the matter under clause (2) of Article 131 of the Constitution; It is hereby enacted as follows:-"
} |
{
"id": 346,
"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 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 (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 The word “Bangladesh” was replaced for the word “Pakistan” by Article 5 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"5 The word “Bangladesh” was replaced for the word “Pakistan” by Article 5 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 Cantonments Pure Food Act, 1966",
"num_of_sections": 35,
"published_date": "19th July, 1966",
"related_act": [
192,
193,
194,
195,
196,
133,
197,
388,
75,
430,
346
],
"repelled": false,
"sections": [
{
"act_id": 346,
"details": "1. (1) This Act may be called the Cantonments Pure Food Act, 1966. (2) It extends to all the cantonments in 2Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "346",
"section_id": 1
},
{
"act_id": 346,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1)\t“adulterated food” means an article of food- (i)\twhich is not of the nature, substance or quality which it purports or is represented to be, or (ii)\twhich contains any such extraneous substance as may affect injuriously the nature, substance or quality thereof, or (iii)\twhich is processed, mixed, coloured, powdered or coated with any other substance in contravention of the rules, or (iv)\tany constituent of which has been wholly or in part abstracted so as to affect injuriously its nature, substance or quality, or (v)\twhich contains any poisonous or other ingredient which may render it injurious to health, or (vi)\tthe quality or purity of which does not conform to the prescribed standards, or (vii)\twhich, having been prepared, packed or kept under insanitary conditions, has been contaminated or become injurious to health and “adulteration” in relation to food, shall be construed accordingly; (2) \t“banaspati” means such article of food resembling ghee as is prepared by hydrogenation of edible vegetable oil and contains no milk or animal fat; (3)\t“butter” means an article of food derived exclusively from the milk of cow or buffalo, whether with or without salt or other prescribed preservative; (4) \t“charbi” means an article of food which resembles ghee or banaspati, but contains animal fat other than milk fat; 3(5) “Chemical Examiner” means Director of Public Health Laboratory and includes any other officer appointed by the Government to be a Chemical Examiner for the purposes of this Act; (6)\t“cream” means that portion of the milk of cow or buffalo which is rich in fat and rises to the surface of milk on standing, or which has been separated by skimming or otherwise; (7)\t“dahi” means the product obtained by lactic acid fermentation of milk; (8)\t“Director” means the Director of Military Lands and Cantonments; (9)\t“food” means any article used as food or drink for human consumption other than drugs or water, but not aerated water, and includes- (i)\tany substance which is intended for use in the composition or preparation of food, (ii) \tany flavouring matter or condiment, (iii)\tany colouring matter intended for use in food, and (iv)\tchewing gum and other products of like nature; Explanation I.- Water shall be deemed to be food if it is intended for use in the composition or preparation of food; Explanation II.- An article shall not cease to be food by reason only that it is also capable of being used as a medicine; (10)\t“ghee” means ghee prepared exclusively from butter, cream or dahi; (11)\t“godown” means a place where articles of food are received or stored for sale or delivery to a customer or consignee and includes godowns of the railways and of the shipping or other transport agencies; (12)\t“Health Officer” means the Medical Officer or the Health Officer or the Assistant Health Officer of the Cantonment, and includes any other officer appointed by the Government to be a Health Officer for the purposes of this Act; (13)\t“Inspector” means an Inspector appointed under section 15, and includes an ex officio Inspector; (14)\t“local authority” means a Cantonment Board constituted under the Cantonments Act, 1924; (15)\t“margarine” means any food, whether mixed with butter or not, which resembles butter and is not milk-blended butter; (16)\t“milk” means the normal, clean and pure secretion obtained from the udders of a healthy cow, buffalo, goat or sheep whether boiled, pasteurised, homogenised or sterilised and includes standardised and toned milk; (17)\t“misbranded food” means an article of food- (i) \twhich is an imitation of, or a substitute for, or resembles in a manner likely to deceive, another article of food, and is sold or is intended to be sold under the name under which such other article is sold, or is not correctly labelled to indicate its true character, or (ii)\twhich is so coloured, flavoured, coated, powered or polished as to conceal the true nature thereof, or (iii)\twhich is contained in any package which, or the label of which, bears any statement, design or device regarding the ingredients or the substances contained therein, which is false or misleading in any material particular, or if the package is otherwise deceptive with respect to its contents, or (iv)\twhich is not properly packed and labelled in accordance with the rules; (18)\t“occupier” means the person who has control of the affairs of a factory, shop or godown and includes the manager or managing agent or any other person authorised to represent the occupier; (19)\t“package” includes every article in which goods for carriage or for sale are cased, covered, enclosed, contained or packed; (20)\t“pre-packed” means packed or made up in advance ready for retail sale in a wrapper or container; (21)\t“prescribed” means prescribed by rules; (22)\t“Public Analyst” means a Public Analyst appointed under section 17; (23)\t“retail sale” means any sale to a person buying otherwise than for the purpose of re-sale; (24)\t“rules” means rules made under this Act; (25)\t“sale”, in relation to food, means a transfer of ownership either by way of barter or in exchange for a price paid or promised or part paid or part promised; (26)\t“standardised milk” means milk which has been reduced to the prescribed level of milk fat by removal of fat; (27)\t“toned milk” means milk which has been standardised to the prescribed level of milk fat and solids not fat by addition of reconstituted milk solids; (28)\t“transit” includes all stages of transportation from the place of manufacture or other source of origin to the consumer; and (29)\t“wholesale” means any sale other than retail sale.",
"name": "Definitions",
"related_acts": "133",
"section_id": 2
},
{
"act_id": 346,
"details": "3. No person shall, in respect of any food sold by him or given by him for sale to an agent, give to the purchaser or the agent a false warranty in writing.",
"name": "False warranty",
"related_acts": "",
"section_id": 3
},
{
"act_id": 346,
"details": "4. (1) No person shall mix, colour, stain or powder or direct or permit any other person to mix, colour, stain or powder any food with any matter or ingredient- (a) \tin contravention of the rules; or (b) \tso as to render the food injurious to health, with intent that the same may be sold in that state. (2) No person shall keep or store for sale or sell or offer to sell any food so mixed, coloured, stained or powdered.",
"name": "Prohibition of mixing, colouring, staining or powdering of food, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 346,
"details": "5. (1) No person shall, directly or indirectly, himself or by any other person, prepare, manufacture, keep or store for sale, or sell or offer to sell,- (i) \tany adulterated food; (ii)\tany misbranded food; (iii)\tany article of food for the sale of which a licence is required otherwise than in accordance with the conditions of the licence; or (iv)\tany article of food in contravention of any other provision of this Act or the rules. (2) The Government may, by notification in the official Gazette, prohibit or regulate the keeping, in any factory or wholesale business premises in which such articles of food as are specified in the notification are manufactured or stored, of any substance which is likely to be used as an adulterant and is so specified.",
"name": "Prohibition of preparation, manufacture, sale, etc., of adulterated and other foods",
"related_acts": "",
"section_id": 5
},
{
"act_id": 346,
"details": "6. No person shall, directly or indirectly, himself or by any other person,- (a) \tprepare, manufacture, keep or store for sale, or sell or offer to sell any food which is unsound, unwholesome, injurious to health or unfit for human consumption; or (b) \timport or export any food in such manner or in such condition as renders it or is likely to render it injurious to health.",
"name": "Manufacture, import and sale of unwholesome food",
"related_acts": "",
"section_id": 6
},
{
"act_id": 346,
"details": "7. No person shall directly or indirectly, himself or by any other person,- (a) \tprepare, manufacture, keep or store for sale, or sell or offer to sell, any food which is not of the nature, substance or quality which it purports or is represented to be; or (b)\tsell or offer to sell any food which is not of the nature, substance or quality demanded.",
"name": "Manufacture and sale of food not of proper nature or quality",
"related_acts": "",
"section_id": 7
},
{
"act_id": 346,
"details": "8. No person shall keep or store for sale, or sell or offer to sell, pre-packed food unless he has complied with the rules made in this behalf.",
"name": "Pre-packed food",
"related_acts": "",
"section_id": 8
},
{
"act_id": 346,
"details": "9. No person shall import, export, prepare, manufacture, keep or store for sale, or sell or offer to sell, any food, unless the rules providing for the mode of its manufacture, processing or preparation, packaging, labelling, consignment, delivery, standard of quality or fill of containers have been complied with.",
"name": "Import or manufacture, etc., without complying with rules",
"related_acts": "",
"section_id": 9
},
{
"act_id": 346,
"details": "10. No person shall sell or offer to sell banaspati, margarine or charbi loose or from an open package: Provided that banaspati may be so sold or offered for sale under a licence and subject to such conditions as may be prescribed in this behalf.",
"name": "Sale of banaspati, margarine and charbi",
"related_acts": "",
"section_id": 10
},
{
"act_id": 346,
"details": "11. (1) Except under a licence to be granted in such manner as may be prescribed, no place shall be used- (a)\tfor the preparation, or the manufacturing, processing, blending, preserving, refrigerating, canning or bottling of any food; (b)\tfor the business of a wholesale dealer in banaspati, charbi, ghee, or margarine, fish oil, mustard oil, cotton seed oil or other edible oils and such other foods as may be prescribed; (c) \tas a creamery, dairy or bakery; or (d) \tas a hotel, restaurant or eating-house: Provided that the Government may exempt any specified premises or class of premises from the operation of this section. (2) A licence granted under sub-section (1) shall be valid for a period of one year unless it is earlier cancelled or is renewed in such manner and on payment of such fee as may be prescribed. (3) A licence granted under sub-section (1) may be cancelled or its renewal may be refused if - (i) \tthe licensee fails to maintain the register referred to in section 12 or is convicted of an offence under this Act, or (ii)\tthe premises are not maintained in such condition as may be prescribed. (4) No person shall keep or store for sale, or sell or offer to sell, any food for human consumption unless he is in possession of such identification permit as may be prescribed.",
"name": "Licence for manufacture, storage and sale of goods",
"related_acts": "",
"section_id": 11
},
{
"act_id": 346,
"details": "12. Every occupier of a place used for the preparation or manufacture, for the purposes of trade, of any such article of food as the Government may, by notification in the official Gazette, specify in this behalf, and every wholesale dealer or his agent who stores any such article, shall keep and maintain a register in such form as may be prescribed, and such register shall be open to inspection by the inspector.",
"name": "Register for manufacture and wholesale business",
"related_acts": "",
"section_id": 12
},
{
"act_id": 346,
"details": "13. (1) If a Health Officer or an Inspector has reason to suspect that any food or any vessel or utensil with which food may come in contact is likely to cause food poisoning (acute, or cumulative) by chemical or bacteriological action, he may take a sample of such food or the vessel or utensil for analysis under this Act, and if he takes a sample, give notice to the person in charge of the food that, until the result of the analysis is known, the food or any specified portion thereof shall not be used for human consumption, and shall be kept or removed in the manner specified in the notice. (2) If a Health Officer has reason to suspect that tuberculosis is likely to be caused by the consumption of milk supplied from any dairy or other source, he may, by notice to the person in charge of such dairy or source, prohibit the supply of milk from that dairy or source: Provided that where, in the case of a dairy or other source, the Health Officer is of the opinion that certain remedial measures would effectively prevent the milk supplied from that dairy or source from being the cause of tuberculosis, the Health Officer shall,- (a)\twhile issuing a notice prohibiting the supply of milk from such dairy or source, require the person in charge thereof to carry out such remedial measures as may be specified in the notice, and (b)\tupon the application of the person in charge after he has carried out such remedial measures, cancel the notice. (3) If a person is, in the opinion of the local authority, suffering from any communicable disease, the local authority may, by notice to such person, prohibit him from preparing, manufacturing, selling or offering to sell any article of food for human consumption until he obtains a certificate from the Health Officer to the effect that he is free from any communicable disease and produces such certificate to the local authority. (4) A Health Officer may, by notice to any person handling articles of food in any hotel, restaurant, sweetmeat shop, or any other public eating place, require him to obtain and keep in his possession a health certificate from a Health Officer to the effect that he is free from any communicable disease and to get it renewed from year to year, till such time as he continues so to handle such articles. (5) Every person to whom a notice under this section has been given shall comply with such notice.",
"name": "Food poisoning",
"related_acts": "",
"section_id": 13
},
{
"act_id": 346,
"details": "14. It shall be the duty of every local authority to ensure compliance with the provisions of this Act within the territorial limits of such authority.",
"name": "Duty of local authorities",
"related_acts": "",
"section_id": 14
},
{
"act_id": 346,
"details": "15. (1) The Director may appoint Inspectors in respect of all or any specified food, and an Inspector so appointed shall have jurisdiction in such area as the Director may specify. (2) Subject to any rules made in this behalf, a local authority shall appoint Inspectors in respect of all or any specified food, and an Inspector so appointed shall, unless the local authority otherwise directs, have jurisdiction within the limits of such local authority. (3) The Health Officer and the Sanitary Inspector of a local authority and such persons in the service of 4Bangladesh or holding such offices and posts in or under a local authority as the Government may, by notification in the official Gazette, specify in this behalf, shall be ex officio Inspectors in respect of all foods within the limits of their respective jurisdiction. (4) The Director may exercise the powers and perform the functions of an Inspector under this Act and any Deputy Director or Assistant Director or any other officer subordinate to the Director may exercise such powers and perform such functions of an Inspector within such area as the Director may, by order in writing, direct.",
"name": "Appointment of Inspectors",
"related_acts": "",
"section_id": 15
},
{
"act_id": 346,
"details": "16. (1) An Inspector may detain and search any vehicle or package of any food intended for sale or in the course of delivery, if he has reason to suspect that the food therein carried or contained is injurious to health, unwholesome or unfit for human consumption or is not of the nature, substance or quality which it purports to be: Provided that nothing in this section shall authorise the detention of any vehicle belonging to the Railways. (2) An Inspector may- (i)\tenter into and inspect any market, godown, shop, stall or other place used for the storage or sale of any food intended for human consumption or for the preparation or manufacture of any such food for the purposes of trade or sale; (ii)\tenter upon any premises for the purpose of exercising the powers of purchasing or taking a sample under section 18 and may in such premises inspect and examine any article of food and any apparatus or utensil used for preparing, manufacturing or containing such food; and (iii)\tenter into and inspect any market, godown, shop, stall or other place used for the manufacture, storage or sale of any apparatus, utensil or vessel ordinarily used or intended to be used or likely to be used for preparing, manufacturing or containing any food. (3) If any such food as is mentioned in sub-section (1) or clause (i) of sub-section (2) appears to the Inspector to be injurious to health, unwholesome, unfit for human consumption, or not of the nature, substance or quality which it purports to be, or as not fulfilling the prescribed conditions subject to which such food is to be prepared, manufactured, kept, stored or sold or if any such apparatus or utensil as is mentioned in clause (ii) of sub-section (2) is of such kind or in such state as to render any food prepared, manufactured or contained therein unwholesome or unfit for human consumption or injurious to health, he may seize and remove such food, apparatus or utensil to be dealt with as hereinafter provided. (4) An Inspector may, instead of removing any food, apparatus or utensil seized under sub-section (3), leave the same in the custody of the person from whose possession, custody or control the same was seized or in such safe custody as he may deem fit, so as to be dealt with as hereinafter provided and may, at any time hereafter, remove the same to the custody of the local authority concerned. (5) When any food, apparatus or utensil is seized under sub-section (3), it may be destroyed by the Inspector with the consent in writing of the owners or the person from whose possession, custody or control it is seized. (6) If any food seized under sub-section (3) is of a perishable nature and is, in the opinion of the Inspector, unsound, unwholesome or unfit for human consumption, it may be destroyed without such consent but in the presence of two respectable witnesses. (7) An Inspector shall prepare a statement of the food, apparatus or utensil seized and shall deliver a copy thereof to the local authority and to the person from whose custody the food, apparatus or utensil is seized or, if such person be not present, send such copy to him by post. (8) Any person claiming anything seized under sub-section (3) may, within seven days of the seizure, complain to any Magistrate of the first class having jurisdiction at the place of seizure, and the Magistrate may, after making such enquiry as he may deem necessary, confirm or disallow such seizure, wholly or in part, and order such article, or the part or parts thereof of which seizure has been disallowed, to be restored to the claimant. (9) If the Magistrate confirms the seizure, he may direct that the food, apparatus or utensil seized shall be- (i) \tforfeited to the local authority; or (ii)\tdestroyed or disposed of at the cost of the owner or person from whose possession, custody or control it was seized, in such manner as to prevent the same from being sold, or kept, or stored, or used as food or for the preparation or manufacture of, or for containing, any food. (10) If no complaint is made within the period specified in sub-section (8), the article of food or the apparatus or utensil seized shall be forfeited to the local authority.",
"name": "Powers of Inspectors",
"related_acts": "",
"section_id": 16
},
{
"act_id": 346,
"details": "17. The Government may, by notification in the official Gazette, appoint a person to be a Public Analyst for the purposes of this Act for any area in respect of all or any specified food.",
"name": "Public Analyst",
"related_acts": "",
"section_id": 17
},
{
"act_id": 346,
"details": "18. (1) An Inspector may, for the purpose of analysis, purchase a sample of food- (a) \tin transit, (b)\tsold, offered for sale, hawked about, kept or stored or received for the purpose of preparing therewith any food, or (c)\tkept or stored in a market, godown, shop, stall, hotel, restaurant or eating-house for the purpose of trade or sale or received therein for the purpose of preparing or manufacturing therewith any food. (2) No person shall refuse to sell any food to an Inspector intending to purchase such food for the purpose of sub-section (1) in such reasonable quantity and from such container as he may ask for. Explanation.- The purchase or sale of a sample of any food for the purpose of analysis under this Act shall be deemed to be purchased or sold for human consumption or use. (3) If, in contravention of sub-section (2), any person refuses to sell, the Inspector may, without prejudice to any penalty to which such person may be liable for such contravention, seize such quantity of the food as may appear to him to be necessary, and shall give such person a certificate showing the price, nature and quantity of the food seized, the date, time and place of seizure, and, on demand being made in that behalf, the price of the food seized. (4) The Inspector shall prepare, in such form as may be prescribed, a declaration in triplicate, containing full particulars, relating to the sample seized and such declaration shall be signed or marked both by the Inspector and the person from whose possession, custody or control the food has been seized and a copy thereof shall be given to such person. (5) When a sample is taken from the stock in the possession of a commission agent, he shall be bound to give the name and such other particulars of the person on whose behalf such stock is held by him as the Inspector may require.",
"name": "Purchase of samples, etc.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 346,
"details": "19. (1) Any person may make an application in writing to an Inspector asking him to purchase a sample of such food and from such person as may be specified in the application and to submit such sample to the Public Analyst for analysis. (2) The cost of the sample purchased and of the analysis done under sub-section (1) shall be payable by the person making the application: Provided that, in case the sample is found by the Public Analyst to be adulterated, any amount paid by the applicant under this sub-section shall be refunded to him.",
"name": "Right of private persons to have samples analysed",
"related_acts": "",
"section_id": 19
},
{
"act_id": 346,
"details": "20. (1) An Inspector shall, as soon as he has purchased or seized any food with the intention of submitting the same for analysis, divide the food into three parts and mark, seal or fasten each such part in such manner as the nature of the food may require, and also permit the person from whom the sample is taken, if such person so desires, to affix his own seal or mark on each of the three parts. (2) The Inspector shall- (a)\tdeliver one part of the food divided under sub-section (1) to the person from whom the food is purchased or seized; (b) \tretain with him one part for future comparison; and (c) \tsubmit one part to the Public Analyst, to be examined by him on payment of such fee as may be prescribed: Provided that, where the sample is taken from any food which is about to be imported or in transit or at the place of delivery to the purchaser, consumer or consignee, or is unclaimed, the part of the sample to be delivered under clause (a) shall be retained by the Inspector, unless the name and address of the consignor appear on the container from which the sample is taken, in which case he shall forward that part of the sample to the consignor by registered post or otherwise, together with a notice informing him that the sample would be analysed by the Public Analyst.",
"name": "Action in respect of samples",
"related_acts": "",
"section_id": 20
},
{
"act_id": 346,
"details": "21. (1) The Public Analyst upon receiving sample of food from an Inspector shall, as soon as possible, analyse the same and issue to the Inspector a certificate in the prescribed form showing the result of the analysis. (2) The person from whom the article so analysed was purchased or seized may, on payment of the prescribed fee, obtain from the Public Analyst a copy of the certificate issued under sub-section (1). (3) No person shall display or otherwise use any copy of the certificate for purposes of advertisement.",
"name": "Certificate of Public Analyst",
"related_acts": "",
"section_id": 21
},
{
"act_id": 346,
"details": "22. (1) The Government may, in relation to any matter appearing to it to affect the general interest of the consumers of any food, direct any public servant to procure for analysis a sample of such food, and thereupon such public servant shall have all the powers of an Inspector. (2) The public servant upon receiving the certificate of the Public Analyst shall take proceedings or cause proceedings to be taken as if he himself had caused such analysis to be made. (3) The expenses incurred by the public servant in performing such duties shall be paid by the local authority.",
"name": "Power of Government to seize sample",
"related_acts": "",
"section_id": 22
},
{
"act_id": 346,
"details": "23. (1) Whoever contravenes any of the provisions of section 3, 4, 5, 6, 7, 8, 9, 10, 11 or 13 shall be punished- (a)\tfor a first offence, with rigorous imprisonment for a term which may extend to six months and with fine which shall not be less than one hundred Taka or more than two thousand Taka and also with whipping; (b)\tfor a second offence, with rigorous imprisonment for a term not less than three months and not more than two years and with fine which shall not be less than five hundred Taka or more than ten thousand Taka and also with whipping; and (c)\tfor repeated offences or for offences of large scale adulteration or adulteration with injurious substances even in the first instance, with rigorous imprisonment for a term which shall not be less than three years or more than five years and with fine which shall not be less than five thousand Taka or more than one lakh Taka and also with whipping. (2) Whoever contravenes any of the provisions of section 12, 18, 21 or 28 or of any rules shall be punished with imprisonment for a term which may extend to one year and with fine. (3) Any person who attempts to contravene, or abets the contravention of any of the provisions mentioned in sub-section (1) or sub-section (2) shall be punishable with the same punishment as is provided for such contravention. (4) All fines recovered under this Act shall be credited to the fund of the local authority within the limits of whose jurisdiction the offence for which the fine was imposed was committed. (5) Where in the course of any business a person commits an offence under this Act and is convicted therefore under clause (b) or clause (c) of sub-section (1) and such business is carried on by him or by any other person on his behalf he or such other person shall, for a period of one year from the date of such conviction, prominently display on the premises in which such business is carried on a notice of the fact of such conviction, and, on his failing to so display such notice, shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.",
"name": "Penalties",
"related_acts": "",
"section_id": 23
},
{
"act_id": 346,
"details": "24. Any Magistrate for the time being empowered to try in a summary way the offences specified in sub-section (1) of section 260 of the Code of Criminal Procedure, 1898, may try summarily any offence made punishable under sub-section (1) and sub-section (2) of section 23 of this Act in accordance with the provisions of Chapter XXII of that Code.",
"name": "Power to try summarily",
"related_acts": "75",
"section_id": 24
},
{
"act_id": 346,
"details": "25. In every prosecution under this Act, the Court shall presume- (a) \tthat any food found in the possession of any person who is or has been habitually found preparing, manufacturing, keeping, storing, selling or offering or exposing for sale or hawking about such food was being prepared, manufactured, kept, stored, sold, offered or exposed for sale or hawked about by such person; (b) \tthat any food commonly used for human consumption, kept, stored, sold or offered for sale, was kept, stored, sold or offered for sale for human consumption; (c) \tthat any food commonly used for human consumption which is found on any premises used for the preparation or manufacture of such food was prepared or manufactured for human consumption; (d) \tthat any substance capable of being used in the preparation or manufacture of any food commonly used for human consumption which is found on any premises in which such food is prepared or manufactured was intended to be used in the preparation or manufacture of such food; and (e) \tthat any food is not of the nature, substance or quality it purports to be if it is deficient in any of its normal constituents to the extent specified in the rules or if any extraneous matter has been added to it in contravention of the rules.",
"name": "Certain things to be presumed",
"related_acts": "",
"section_id": 25
},
{
"act_id": 346,
"details": "26. A declaration signed or marked under sub-section (4) of section 18 may be produced as evidence of the facts contained therein in any inquiry, trial or other proceedings under this Act.",
"name": "Declaration under section 18 to be evidence",
"related_acts": "",
"section_id": 26
},
{
"act_id": 346,
"details": "27. (1) The production in any inquiry, trial or other proceedings under this Act of a certificate under the hand of a Public Analyst in the form prescribed shall, until the contrary is proved, be sufficient to prove the facts therein stated. (2) When any person is accused of an offence under this Act, he may request the Court to summon as a witness the Public Analyst who analysed the sample in respect of which he is accused of having committed an offence and the Court may, and, in every case in which the accused deposits in the Court a sum of money in accordance with the scale prescribed, shall, summon the Public Analyst, and if such person is acquitted, any sum of money so deposited shall be refunded to him.",
"name": "Certificate of Public Analyst to be evidence of fact stated therein",
"related_acts": "",
"section_id": 27
},
{
"act_id": 346,
"details": "28. (1) The Court may of its own accord or on the request of the accused cause any food or sample of food to be sent for analysis to the Chemical Examiner who shall thereupon analyse the same and report the results of the analysis to the Court in the form prescribed and the cost of such analysis shall be paid by the accused if the Court so directs. (2) The certificate of the Chemical Examiner shall, until the contrary is proved, be sufficient to prove the facts therein stated. (3) No person shall display or otherwise use the report of the Chemical Examiner for purposes of advertisement.",
"name": "Analysis by Chemical Examiner",
"related_acts": "",
"section_id": 28
},
{
"act_id": 346,
"details": "29. (1) In any prosecution under this Act, it shall be no defence to allege- (a)\tthat the accused was ignorant of the nature, substance or quality of the food; or (b)\tthat the purchaser having purchased only for purposes of analysis was not prejudiced. (2) The seller shall not be deemed to have committed an offence under this Act if he proves- (a)\tthat the food sold was purchased or obtained as agent by him with written warranty to the effect that it was of the same nature, substance or quality as that demanded by the purchaser; (b)\tthat at the time he sold it he had no reason to believe that the food was not of such nature, substance or quality as that demanded by the purchaser; and (c) \tthat he sold it in the same state in which he had purchased it. (3) No evidence of a warranty under clause (a) of sub-section (2) shall be admissible on behalf of the seller unless- (a)\tthe seller has, within seven days of the service of the summons upon him, sent to the Inspector a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it and has also sent a like notice of his intention to that person; and (b)\tsuch warranty is given by person permanently residing or carrying on business in 5Bangladesh. (4) The Court shall summon the warrantor as a co-accused if it admits the warranty on behalf of the seller.",
"name": "What shall or shall not be a good defence",
"related_acts": "",
"section_id": 29
},
{
"act_id": 346,
"details": "30. In the case of any conviction under this Act, the Court may order that any food to which the conviction relates, together with all packages or utensils containing the same, shall be forfeited to the Government or shall be disposed of in such manner as may be specified in the order.",
"name": "Forfeiture of food upon conviction",
"related_acts": "",
"section_id": 30
},
{
"act_id": 346,
"details": "31. When any person is convicted of an offence under this Act, the Court shall order that all fees and other expenses incidental to the analysis of any food in respect of which the conviction is made, which shall, in no case be less than thirty Taka, be paid by the person convicted, in addition to the fine which he may be sentenced to pay, and the amount of such fees and expenses shall be recovered as if it were a fine.",
"name": "Expenses of analysis",
"related_acts": "",
"section_id": 31
},
{
"act_id": 346,
"details": "32. (1) 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 an Inspector authorised in this behalf by the Director or the Government. (2) No Court inferior to that of a Magistrate of the first class shall try an offence under this Act.",
"name": "Trial of offence",
"related_acts": "",
"section_id": 32
},
{
"act_id": 346,
"details": "33. 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 any provision of this Act or any rule, order or direction made or given thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 33
},
{
"act_id": 346,
"details": "34. An Inspector while performing any of his functions under this Act and all other persons assisting him in the performance of such functions shall be deemed to be public servants within the meaning of section 21 of the 6* * * Penal Code.",
"name": "Inspector, etc., to be public servant",
"related_acts": "",
"section_id": 34
},
{
"act_id": 346,
"details": "35. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purpose 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 standards, specifications, normal constituents and quality of food; (b)\tthe qualifications of persons who may be appointed Public Analysts for the purpose of this Act; (c) \tthe regulation of appointment and qualifications of persons to be appointed as Inspectors; (d) \tthe methods of analysis to be followed by Public Analysts for the analysis of any food and the form of the certificate; (e) \tthe fees to be paid in respect of the analysis of any food by a Public Analyst; (f) \tthe prohibition of use of any particular matter or ingredient in the preparation or manufacture of any food; (g) \tthe conditions (including the addition of a colour or any other substance) subject to which any food shall be prepared, manufactured, kept, stored, sold or offered or exposed for sale; (h) \tthe prohibition of keeping or storage for sale of foods other than those approved under the rules; (i) \tthe cleanliness and freedom from contamination of any food in the course of its preparation, manufacture, storage, packing, carriage, delivery or exposure for sale, and the cleanliness or places, receptacles, packages, wrappings, appliances and vehicles used in such preparation, manufacture, storage, packing, carriage or delivery; (j) \tthe method in which labels shall be affixed, languages in which the labels shall be printed, and the symbols which shall be used for different kinds of foods; (k) \tthe manner in which, and the conditions subject to which, a licence is to be granted under section 11; (l) \tthe form of the register to be kept under section 12 and the particulars to be entered therein; (m)\tthe conditions for the maintenance of a dairy and the supply of dairy products; (n)\tthe authorisation of a person taking a sample of milk or any other food for the purpose of analysis to add preservatives to such sample for maintaining it in a suitable condition for the analysis, and the nature and method of addition of such preservatives; (o)\tthe prohibition of use or addition as a preservative or additive of any article, material or substance in the preparation or manufacture of any food for sale; (p) \tthe fees for the grant of a licence under section 11; (q) \tthe fees for obtaining a health certificate under section 13; (r) \tthe fees to be deposited in Court for summoning a Public Analyst; (s) \tthe manner in which a perishable food offered for sale shall be protected from contamination; and (t) \tany other matter which is to be or may be prescribed.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 35
}
],
"text": "An Act to make provision for preventing the adulteration of food in cantonments.1♣ WHEREAS it is expedient to make provision for preventing the adulteration of food in cantonments and for matters ancillary thereto; It is hereby enacted as follows:-"
} |
{
"id": 347,
"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 3A was inserted by section 12 of the Finance Act, 1968 (Act No. XI of 1968)",
"3 The words, comma, figures and brackets “Customs Act, 1969 (IV of 1969)” were substituted for the words, comma, figures and brackets “Sea Customs Act, 1878 (VIII of 1878)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 Section 6A was inserted by section 12 of the Finance Act, 1968 (Act No. XI of 1968)"
],
"name": "The Import of Goods (Price Equalisation Surcharge) Act, 1967",
"num_of_sections": 9,
"published_date": "3rd June, 1967",
"related_act": [
354,
347,
236,
430
],
"repelled": false,
"sections": [
{
"act_id": 347,
"details": "1. (1) This Act may be called the Import of Goods (Price Equalisation Surcharge) Act, 1967. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "347",
"section_id": 1
},
{
"act_id": 347,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \t“highest rate”, in relation to any specified goods imported in any shipping period, means the highest rate of landed cost declared in relation to such goods under sub-section (1) of section 4; (b) \t“landed cost”, in relation to any specified goods, means the aggregate of the c.i.f. value, duties, taxes, fees and other charges payable on or for the import of such goods into Bangladesh; (c)\t“price equalisation surcharge” means the additional duty levied under section 3; (d) \t“shipping period” means a period beginning on the first day of January and ending on the thirtieth day of June, or a period beginning on the first day of July and ending on thirty-first day of December, each year or such other period as the Government may, from time to time, by notification in the official Gazette, declare to be a shipping period for the purposes of this Act; and (e)\t“specified goods” means such of the goods specified in the Schedule as the Government may, by notification in the official Gazette, declare to be the goods which shall be subject to the levy of the price equalisation surcharge.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 347,
"details": "3. There shall be levied on the specified goods imported in any shipping period into Bangladesh after the 22nd day of April, 1966, or, if the Government, in respect of any specified goods by order so directs, after such later date as may be specified therein, whose rate of landed cost is lower than the highest rate, an additional duty as price equalisation surcharge at the rate by which the rate of the landed cost of such goods falls short of the highest rate.",
"name": "Levy of price equalisation surcharge",
"related_acts": "",
"section_id": 3
},
{
"act_id": 347,
"details": "23A. Subject to such conditions, limitations or restrictions as it may think fit to impose, the Government may, in such general cases as it may prescribe by rules or in particular cases by special order, authorise the repayment in whole or in part of the price equalisation surcharge paid on the importation of any goods of such classes or descriptions as may be prescribed in the rules or specified in the special order, as the case may be.",
"name": "Power to authorise repayment of surcharge",
"related_acts": "",
"section_id": 4
},
{
"act_id": 347,
"details": "4. (1) The Government shall determine and, by notification in the official Gazette, declare, in relation to every specified goods imported in any shipping period, the highest rate of landed cost of such goods. (2) For the purpose of determining the highest rate, every importer of specified goods shall furnish at such time such papers, documents or information relating to the import of such goods, as the Government may direct. (3) Whoever fails or neglects to comply with any direction under sub-section (2) shall be deemed to have contravened the provisions of the Imports and Exports (Control) Act, 1950, and shall be punishable under section 5 of that Act.",
"name": "Determination of highest landed cost",
"related_acts": "236",
"section_id": 5
},
{
"act_id": 347,
"details": "5. Subject to any rules made under this Act, the price equalisation surcharge shall be collected in the same manner as an import duty payable under the Tariff Act, 1934 is collected and the provisions of the 3Customs Act, 1969 (IV of 1969) shall, so far as may be, apply to the levy, collection and repayment of such surcharge.",
"name": "Procedure for collection of price equalisation surcharge",
"related_acts": "354",
"section_id": 6
},
{
"act_id": 347,
"details": "6. (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- (a)\tthe assessment, collection and repayment of the price equalisation surcharge; (b) \tthe delivery of goods on the giving of security for payment of such surcharge or on any other conditions; (c) \tthe manner of payment and repayment of such surcharge; and (d) \tsuch other matters as may be necessary for carrying out the purposes of this Act.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 7
},
{
"act_id": 347,
"details": "46A. The Government may, by notification in the official Gazette, make any addition to or omission from the list of goods specified in the Schedule.",
"name": "Power to amend Schedule",
"related_acts": "",
"section_id": 8
},
{
"act_id": 347,
"details": "7. Validation.- 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": 9
}
],
"text": "An Act to levy an additional duty for equalisation of prices of certain imported goods.1♣ WHEREAS it is expedient to levy an additional duty for equalisation of prices of certain goods imported at different prices under different conditions and from different countries and to provide for matters ancillary thereto; It is hereby enacted as follows:-"
} |
{
"id": 348,
"lower_text": [
"1 Throughout this Act, the words “Government” and “Taka” were substituted for the words “Central Government” and “rupee” or “rupees” respectively by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The word “Bangladesh” was substituted for the word “Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"3 The word “Poisha” was substituted for the word “Paisa” 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 of Pakistan” 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 comma “a Provincial Government,” 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 and comma “a Provincial Government,” 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 commas and words “or, with the previous approval of the Central Government,” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"8 The words, comma, figures and brackets “Chartered Accountants Order, 1973 (P.O. No. 2 of 1973)” were substituted for the words, comma, figures and brackets “Chartered Accountants Ordinance, 1961(XII of 1961)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"9 The commas and words “, subject to the previous approval of the Central Government,” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"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)",
"11 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)",
"12 The words and comma “a Provincial Government,” 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 Excise Duty on Minerals (Labour Welfare) Act, 1967",
"num_of_sections": 12,
"published_date": "10th June, 1967",
"related_act": [
388,
306,
348,
430
],
"repelled": false,
"sections": [
{
"act_id": 348,
"details": "1. (1) This Act may be called the Excise Duty on Minerals (Labour Welfare) Act, 1967. (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": "348",
"section_id": 1
},
{
"act_id": 348,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Commissioner” means the Mines Labour Welfare Commissioner appointed under section 9, and includes any officer authorised in writing by the Commissioner to exercise or perform any of his powers or functions under this Act; (b)\t“Fund” means the Mines Labour Housing and General Welfare Fund constituted under section 4; (c)\t“Housing Board” means the Mines Labour Housing Board constituted under section 6; (d)\t“Miners Welfare Board” means the Miners Welfare Board constituted under section 8; and (e) \t“prescribed” means prescribed by rules made under this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 348,
"details": "3. (1) There shall be levied and collected as a cess for the purposes of this Act a duty of excise on all minerals specified in the Schedule despatched from the mines, at such rate not less than fifty 3Poisha and not more than one Taka per ton as may be fixed by the Government by notification in the official Gazette: Provided that the Government may, by notification in the official Gazette, exempt from liability to the duty any of such minerals or any class thereof. (2) The duty levied under sub-section (1) shall, subject to and in accordance with rules made in this behalf under this Act, be collected by such agencies (hereinafter referred to as the collecting agencies) and in such manner as may be prescribed.",
"name": "Imposition and collection of duty",
"related_acts": "",
"section_id": 3
},
{
"act_id": 348,
"details": "4. (1) There shall be constituted a fund to be called the Mines Labour Housing and General Welfare Fund. (2) On the last date of each month or as soon thereafter as may be convenient, the proceeds of the duty levied under section 3 shall be paid by the collecting agencies into the 4Bangladesh Bank or into any Government treasury or sub-treasury in the prescribed manner, and shall be credited to the Fund and apportioned under two separate accounts, to be called respectively the housing account of the Fund and the general welfare account of the Fund, in such manner and in such proportion as the Government may, by notification in the official Gazette, determine. (3) There shall also be credited to- (a) \tthe housing account Fund- (i) \tany grants made thereto by the Government; (ii)\trents if any, realised from housing accommodation constructed out of such account; and (iii)\tany other moneys received by the Housing Board; and (b) \tthe general welfare account of the Fund- (i) \tany grants made thereto by the Government; and (ii)\tany other moneys received for the general welfare of the miners.",
"name": "Mines Labour Housing and General Welfare Fund",
"related_acts": "",
"section_id": 4
},
{
"act_id": 348,
"details": "5. (1) The cost of administering the Fund and the salaries and allowances, if any of the Commissioners, Inspectors, Welfare Officers and other staff appointed to supervise or carry out measures financed from the Fund shall be defrayed out of the Fund, and shall be apportioned between and debited to the housing account and the general welfare account in such manner as may be prescribed. (2) The Government may out of the general welfare account of the Fund pay annually grants-in-aid to such of the mine owners as maintain to the satisfaction of the Commissioner dispensary services of the prescribed standard for the benefit of labour employed in their mines, so however that the amount payable as grant-in-aid to the owner of a mine shall not exceed- (a) \tsuch proportion of the duty recovered in respect of the mineral dispatched from the mine less the proportionate cost of recovery as the Government may, by notification in the official Gazette, fix, or (b)\tthe amount spent by the owner in the maintenance of the dispensary service, as determined by the Commissioner, whichever is less: Provided that no grant-in-aid shall be payable in respect of any dispensary service maintained by the owner of the mine if the amount expended thereon, as determined by the Commissioner, is less than eighty Taka per mensem. (3) The balance of the moneys in the general welfare account of the Fund shall be applied by the Government to meet expenditure incurred in connection with measures which are in the opinion of the Government necessary or expedient to promote the welfare of the labour employed in the mining industry. (4) Without prejudice to the generality of sub-section (3), the moneys in the general welfare account of the Fund may be utilised to defray- (a) \tthe cost of measures for the benefit of labour employed in the mining industry directed towards- (i)\tthe improvement of public health and sanitation, the prevention of disease, the provision and improvement of medical facilities, including the provision and maintenance of dispensary services in mines the owners of which do not receive grants-in-aid under sub-section (2); (ii)\tthe provision and improvement of water-supplies and facilities for washing; (iii)\tthe provision and improvement of educational facilities; (iv) the improvement of standards of living, including nutrition, amelioration of social conditions, and the provision of recreational facilities; (v) \tthe provision of transport to and from work. (b)\tthe grant to 5* * * a local authority or the owner, agent or manager of a mine of money in aid of any scheme approved by the Government for any purpose for which moneys in the general welfare account of the Fund may be utilised; (c) \tthe allowances, if any, of the members of the Mines Welfare Board and the amounts debitable to the account under sub-section (1); and (d) \tany other expenditure which the Government directs to be defrayed out of the moneys in the general welfare account of the Fund. (5) The Government shall publish annually in the official Gazette an estimate of receipts into and expenditure from the general welfare account of the Fund together with a statement of the accounts and report of the activities financed during the previous year from the general welfare account of the Fund, and shall forward copies of such statement and report to the members of the Miners Welfare Board. (6) The moneys in the housing account of the Fund shall be applied by the Housing Board to defray- (a)\tthe cost of erecting, maintaining and repairing housing accommodation for labour employed in the mining industry and of providing services and facilities connected therewith; (b)\tthe cost of preparing schemes, and of acquiring any land required, for the purposes referred to in clause (a); (c) \tthe grant, subject to the previous approval of the Government, to 6* * * a local authority or the owner, agent or manager of a mine of money in aid of any scheme approved by the Housing Board for the purposes referred to in clauses (a) and (b); (d) \tthe allowances, if any, of the members of the Housing Board and the amounts debitable to the account under sub-section (1); and (e) \tany other expenditure which the Government directs to be defrayed out of the moneys in the housing account of the Fund. (7) In May of each year the Housing Board shall submit to the Government a statement in the prescribed form of the estimated receipts into and expenditure from the housing account of the Fund for the ensuing financial year together with a report of the activities financed during the previous year from the housing account of the Fund, and may at any time during the ensuing financial year submit to the Government a supplementary statement and shall forward copies of such statements and report to the members of the Miners Welfare Board. (8) The Housing Board shall comply with such direction as the Government may from time to time think fit to give in respect of expenditure from the housing account of the Fund. (9) The Housing Board may invest moneys in the housing account of the Fund in securities of the Government 7* * * in other securities. (10) The Housing Board shall cause to be maintained such books of account, and prepare an annual statement of accounts in such manner, as may be prescribed. (11) The Housing Board shall cause the housing account of the Fund to be audited annually by an auditor who shall be a chartered accountant within the meaning of the 8Chartered Accountants Order, 1973 (P.O. No. 2 of 1973) and as soon as the said account has been audited the Housing Board shall forward copies thereof together with copies of the report of the auditor thereon to the Government and to the members of the Miners Welfare Board. (12) The Government shall have power to decide whether any particular expenditure is or is not debitable to the housing account or the general welfare account, of the Fund, and its decision shall be final. (13) Before incurring any expenditure from the Fund other than expenditure of a routine or urgent nature, the Government or, as the case may be, the Housing Board shall consult the Miners Welfare Board.",
"name": "Expenditure from the Fund",
"related_acts": "",
"section_id": 5
},
{
"act_id": 348,
"details": "6. (1) The Government shall, by notification in the official Gazette, constitute a Mines Labour Housing Board to prepare and carry out 9* * * schemes financed from the housing account of the Fund for the provision of suitable housing accommodation for labour employed in mining industry, and to carry out other functions of the Housing Board under this Act. (2) The Commissioner shall be the Chairman of the Housing Board, and the other members thereof shall be appointed by the Government and shall be of such number and chosen in such manner as may be prescribed. (3) The Housing Board shall be a body corporate by the name of the Mines Labour Housing Board, having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and shall by the said name sue and be sued. (4) No act done by the Housing Board shall be called in question on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Housing Board.",
"name": "Constitution, etc., of the Mines Labour Housing Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 348,
"details": "7. (1) The occupation by any person of any housing accommodation provided out of the housing account of the Fund shall be subject to payment of such rent by that person and compliance by him at all times with such conditions relating to his occupation of such accommodation as may be prescribed. (2) Before any person occupies any such accommodation he shall be furnished with a copy of the conditions referred to in sub-section (1), and if he so desires the said conditions shall be read over to him in a language which he understands; and the Housing Board shall cause to be published in such manner as it thinks best adapted for informing the persons concerned any changes which may from time to time be made in the said conditions. (3) If, in the opinion of the Housing Board, any person in occupation of any such accommodation fails or ceases to comply with any of the conditions referred to in sub-section (1), it may, by notice in writing, require him to vacate the accommodation on or before such date, not being less than thirty days after the service of the notice, as may be specified in the notice; and the occupation of such accommodation by such person or any dependent of him after the date so specified shall be unlawful, and such person or dependent may be evicted from such accommodation by use of such force as may be necessary. (4) There shall be payable in respect of the occupation of any such accommodation as aforesaid rent at such rate as may be prescribed: Provided that the Housing Board may remit, subject to compliance at all times with the conditions referred to in sub-section (1), either the whole or any part of the prescribed rent: Provided further that where, in the case of any person who is by virtue of a remission under the first proviso paying either no rent or a reduced rent, the Housing Board has reason to believe that such person has contravened any of the said conditions, it may by notice in writing require such person to pay, for the period of occupation commencing immediately after the expiry of seven days of the service of the notice, rent for the accommodation occupied by him at the full prescribed rate. (5) All rent payable in respect of the occupation of such accommodation as aforesaid, whether at the full prescribed rate or at a lesser rate, shall be recoverable as an arrear of land revenue.",
"name": "Provisions regarding housing accommodation",
"related_acts": "",
"section_id": 7
},
{
"act_id": 348,
"details": "8. (1) The Government shall, by notification in the official Gazette, constitute a Miners Welfare Board to perform such functions as it may be required to perform by or under this Act or as the Government may, by notification in the official Gazette, entrust to it. (2) The members of the Miners Welfare Board shall be appointed by the Government and shall be of such number and chosen in such manner as may be prescribed: Provided that the Board shall include an equal number of members representing Government, the owners of mines and workmen employed in the mining industry, and that at least one member of the Board shall be a woman. (3) The Government shall appoint one of its officers to be the Chairman of the Miners Welfare Board.",
"name": "Constitution, etc., of the Miners Welfare Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 348,
"details": "9. (1) The Government may appoint a Mines Labour Welfare Commissioner and such number of inspectors, Welfare Officers and other staff as it thinks fit to supervise and carry out measures financed from the Fund. (2) The Commissioner or any Inspector or Welfare Officer may, with such assistance, if any, as he thinks fit, enter at all reasonable times any place which he considers it necessary to enter for the purpose of supervising or carrying out the measures financed from the Fund, and may do therein anything necessary for the proper discharge of his duties. (3) Any person appointed under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the 10* * * Penal Code.",
"name": "Appointment and powers of officers",
"related_acts": "",
"section_id": 9
},
{
"act_id": 348,
"details": "10. The Government may, by notification in the official Gazette, make such amendments and modifications in the Schedule as it thinks fit.",
"name": "Power to amend Schedule",
"related_acts": "",
"section_id": 10
},
{
"act_id": 348,
"details": "11. (1) The Government may, by notification in the official Gazette, and subject to the condition of previous publication, make rules to carry into effect the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, rules made under this section may provide for all or any of the following matters, namely:- (i) \tthe manner in which the duty levied under sub-section (1) of section 3 shall be collected, the agencies by whom the duty shall be collected, the persons who shall be liable to make the payments, the making of refunds, remissions and recoveries, the deduction by collecting agencies of a percentage of the realisations to cover the cost of collection, and the procedure to be followed in paying the proceeds into the 11Bangladesh Bank or into any Government treasury or sub-treasury; (ii)\tthe composition of the Housing Board, the manner in which its members shall be chosen, the term of office of its members, the allowances if any payable to them and the manner in which the Housing Board shall conduct its business, including the number of members necessary to form a quorum at a meeting thereof ; (iii)\tthe books of account to be maintained by the Housing Board, and the form of its financial estimates and statements of account; (iv)\tthe composition of the Miners Welfare Board, the manner in which its members shall be chosen, the term of office of its members, the allowances, if any, payable to them and the manner in which the Board shall conduct its business; (v)\tthe apportionment between the housing account and the general welfare account of the Fund of the expenditure on the administration of the Fund and on the salaries and allowances of the Commissioner, Inspectors, Welfare Officers and other staff employed for the purposes of this Act; (vi)\tthe standard of dispensary services to be provided by owners of mines for the purposes of sub-section (2) of section 5, and the inspection and supervision of the dispensaries and other places at which such services are provided; (vii)\tthe application by owners of mines for grants-in-aid, the authority to whom and the manner in which such applications shall be made and the particulars to be specified in such applications; (viii)\tthe manner in which dispensary services may be provided by the Government; (ix)\tthe conditions governing the grant of money from the general welfare account of the Fund to 12* * * a local authority or the owner, agent or manager of a mine; (x) \tthe rate of rent for housing accommodation provided out of the housing account of the Fund; (xi) \tthe conditions of service and the duties of Inspectors, Welfare Officers and other staff appointed to supervise or carry out measures financed from the Fund; (xii) \tthe duties and functions of the Commissioner; (xiii)\tthe furnishing by owners, agents or managers of mines of statistical or other information, and the punishment by fine not exceeding two hundred Taka on failure to comply with the requirements of any rules made under this clause; (xiv)\tany other matter which under this Act is to be or may be prescribed.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 11
},
{
"act_id": 348,
"details": "12. Repeal of Act XXXII of 1947.- 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": 12
}
],
"text": "An Act to impose a duty of excise on certain minerals for financing measures for promoting the welfare of labour employed in the mining industry.1♣ WHEREAS it is expedient to impose a duty of excise on certain minerals for financing measures for promoting the welfare of labour employed in the mining industry and to provide for the administration and utilisation of the proceeds of such duty and for matters ancillary thereto; It is hereby enacted as follows:-"
} |
{
"id": 349,
"lower_text": [
"1 Throughout this Act, the words “Bangladesh” and “Government” were substituted for the words “East Pakistan” or “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 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 and commas “Director, Bangladesh Institute of Technology, Rajshahi” were substituted for the words and comma “Principal, Rajshahi Engineering College” 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 University of Engineering and Technology” were substituted for the words “Engineering University” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The words “President of the People’s Republic of Bangladesh” were substituted for the words “Governor of East Pakistan” 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 words “House of the Nation or Jatiyo Sangsad” were substituted for the words “Legislature in Pakistan” 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 Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)"
],
"name": "The Technical Education Act, 1967 (East Pakistan Act)",
"num_of_sections": 44,
"published_date": "7th March, 1967",
"related_act": [
136,
11,
388,
430
],
"repelled": true,
"sections": [
{
"act_id": 349,
"details": "1. (1) This Act may be called the 2* * * Technical Education Act, 1967. (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": 349,
"details": "2. In this Act, unless there is anything repugnant to the subject or the context, or otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them, that is to say:- (a) \t“Board” means the Bangladesh Technical Education Board as established under this Act; (b) \t“Chairman” means the Chairman of the Board; (c) \t“Controlling Authority” means the Controlling Authority of the Board as established under this Act; (d) \t“Technical Education” pertaining to the Board means- (i)\tDiploma Courses in Engineering or Technology; (ii)\tDiploma Courses in Technical Teacher Education; (iii)\tDiploma Courses in Commercial Teacher Education; (iv)\tDiploma Courses in Commercial Training; (v) \tCertificate Courses in Technical Teacher Education; (vi)\tCertificate Courses in Sub-Overseer, Survey Final and Aminship; (vii)\tCertificate Courses in various Trades and Crafts, and (viii) \tsuch other types of Technological, Commercial Trades and Crafts Courses as may be determined by the Board, subject to the approval of the Controlling Authority; (e)\t“Fund” means the Bangladesh Technical Education Fund as constituted under section 22 of the Act; (f) “Notification” means a Notification published in official Gazette; (g) “Prescribed” means prescribed by rules or regulations made under this Act; (h) “Regulation” means Regulations made by the Board under this Act; (i) “Polytechnic or Technical or Monotechnic Institute” means an Institute offering three-years post-Secondary Technical Education leading to a Diploma in Engineering/Technology/Commercial Training. It may also offer Certificate Courses, as prescribed, in the definition of Technical Education; (j) “Vocational Institute or School” means an Institution offering Certificate Courses in Trades and Crafts; (k) “Head of an Institution” means the Head of the teaching and administrative staff of an Institution offering Technical Education Courses, as defined in this Act, by whatever style he may be designated.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 349,
"details": "3. (1) The Government may, by notification in the official Gazette, establish a Board to be known as the Bangladesh Technical Education Board for carrying out the purpose of this Act. (2) The Board shall, be a body corporate, shall have perpetual power of succession and a common seal, and shall have power to acquire and hold movable and immovable property to transfer such property when held by it, to contract, and to do all other things necessary for carrying out the purposes of this Act, and shall by the said name sue and be sued.",
"name": "Establishment of the Bangladesh Technical Education Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 349,
"details": "4. The Board shall be constituted as follows, namely:- (a)\tChairman to be appointed by the Controlling Authority; Ex-officio Members (b) \tDirector of Technical Education, Bangladesh, (c) \tDirector of Public Instruction, Bangladesh, (d) 3Director, Bangladesh Institute of Technology, Rajshahi, (e) \tPrincipal, Technical Education College. Nominated Members (f )\tOne person to be nominated by the National Council of Technical Education, (g)\tThe Vice-Chancellor of the 4Bangladesh University of Engineering and Technology or a Professor to be nominated by him, (h)\tThree Principals from amongst the Principals of Polytechnics and Monotechnics to be nominated by Government in the Education Department, and (i) \tFour persons interested in the Education to be nominated by the Controlling Authority.",
"name": "Constitution of the Board",
"related_acts": "",
"section_id": 4
},
{
"act_id": 349,
"details": "5. The name of every person nominated or appointed as a member of the Board shall be published by notification, as soon as possible, after his nomination or appointment, as the case may be.",
"name": "Publication of names of Members of the Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 349,
"details": "6. (1) Subject to the provisions of this Act, a nominated or appointed member of the Board, other than the Chairman, shall hold office for a term of three years from the date on which his name is published under section 5, and may, on the expiration of such term, be eligible for re-nomination or re-appointment. (2) No member appointed or nominated by virtue of his office shall continue to be a member if he ceases to hold that office. (3) Any member of the Board may resign his membership by a letter addressed to the Chairman: Provided that the resignation shall not take effect until it is accepted by the Controlling Authority.",
"name": "Terms of office of nominated or appointed membership of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 349,
"details": "7. (1) A person shall not be eligible for nomination or appointment as a member of the Board, if he- (a)\thas been adjudged by a competent Court to be of unsound mind; (b) \tis a undischarged insolvent; (c) \tbeing a discharged insolvent, has not obtained from the Court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or (d) \thas been convicted by a Court of an offence involving moral turpitude, unless an offence of which he was convicted has been pardoned or unless five years have elapsed since the date of his conviction. (2) The nomination or appointment of a person who is, on the date of his nomination or appointment, subject to any of the disqualifications specified in sub-section (1) shall be invalid. (3) If a nominated or appointed member of the Board becomes, after his nomination or appointment, subject to any of the disqualifications specified in sub-section (1), his membership shall thereupon cease.",
"name": "Disqualification of membership of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 349,
"details": "8. (1) When the office of a nominated or appointed member of the Board becomes vacant by resignation, death or otherwise, a new member shall be nominated or appointed in his place in the manner provided in the appropriate clause of section 4 and such nominated or appointed member shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred. (2) Notwithstanding the expiration of the term of three years specified in sub-section (1) of section 6, a nominated or appointed member of the Board, other than the Chairman, shall continue to hold office until the vacancy caused by the expiration of the said term has been filled in accordance with the provisions of this Act.",
"name": "Filling up of casual vacancies",
"related_acts": "",
"section_id": 8
},
{
"act_id": 349,
"details": "9. The following shall be the officers of the Board, namely:- (a)\tthe Controlling Authority; (b) \tthe Chairman; (c) \tthe Secretary; (d) \tthe Controller of Examination; and (e) \tsuch other officers as may be appointed by the Board.",
"name": "Officers of the Board",
"related_acts": "",
"section_id": 9
},
{
"act_id": 349,
"details": "10. (1) The 5President of the People's Republic of Bangladesh shall be the Controlling Authority of the Board. The status of the Controlling Authority in relation to the Board shall be similar to that of the Chancellor in relation to a University. (2) The Controlling Authority shall appoint the Chairman of the Board. (3) The Controlling Authority shall have power to cause an inspection to be made by such person or persons, as he may direct, of the offices, activities and funds of, and examinations conducted by, the Board and cause an enquiry to be made in like manner in respect of any matter concerning the Board. He will communicate to the Board the result of such an inspection or enquiry and may advise the Board as to the action to be taken within a specified time. The Board shall report to the Controlling Authority the action it proposes to take or has taken on such communication; where the Board does not within a reasonable time, take action to the satisfaction of the Controlling Authority, the Controlling Authority may, after considering any explanation as may be given by the Board, issue such directions as he thinks fit, and the Chairman shall comply with such directions. (4) Without prejudice to the foregoing provisions of this section the Controlling Authority may, by an order, in writing, annul any proceedings of the Board or any of the Committees if the Controlling Authority is satisfied that such proceedings is not in conformity with this Act: Provided that before making any such order the Controlling Authority shall, through the Chairman, call upon the Board or Committee concerned to show cause why such an order should not be made.",
"name": "Controlling Authority",
"related_acts": "",
"section_id": 10
},
{
"act_id": 349,
"details": "11. (1) The Chairman shall be a wholetime officer of the Board and shall be appointed by the Controlling Authority on such terms and conditions as the Controlling Authority may determine. (2) The Chairman shall hold office for a term of four years from the date of notification of his appointment and on the expiry of the term of office shall be eligible for re-appointment. (3) When the office of the Chairman falls vacant temporarily or otherwise, by reason of leave, illness or other cause for a period not exceeding one year, the Controlling Authority shall, notwithstanding anything contained in sub-sections (1) and (2), make such arrangements for carrying on the duties of the Chairman as he may think fit. (4) The Chairman shall be the Principal Executive and Academic Officer of the Board and shall, when present, preside at the meetings of- (a)\tthe Board; (b)\tCommittee of Courses of Study; (c)\tthe Selection Committee; (d)\tthe Finance Committee; and (e)\tsuch other committees of the Board at which he is present. (5) It shall be the duty of the Chairman to ensure that the provisions of this Act, rules and regulations are faithfully observed and carried out and he shall exercise all powers necessary for this purpose. (6) In any emergency arising out of the administrative business of the Board and requiring, in the opinion of the Chairman, immediate action, the Chairman may take such action as he may deem necessary and shall report the action so taken to the Board at its next meeting for approval. (7) The Chairman shall exercise such other powers, as may be delegated by the Controlling Authority, or prescribed by rules and regulations.",
"name": "Appointment, powers and duties of the Chairman",
"related_acts": "",
"section_id": 11
},
{
"act_id": 349,
"details": "12. (1) Officers of the Board, other than the Chairman, shall be appointed by the Board in the manner as may be prescribed and until regulations are made by the Board, as provided in section 40 of the Act, prescribing the manner of appointment of the officers and other employees of the Board and the status, terms and conditions of their service, all appointments shall be made by the Board with prior approval of the Controlling Authority. (2) All other employees of the Board shall be appointed by the Chairman in the manner as may be prescribed.",
"name": "Appointment of other officers and employees of the Board",
"related_acts": "",
"section_id": 12
},
{
"act_id": 349,
"details": "13. The status, terms and conditions of service including rules for disciplinary action, for grant of leave and for retirement of the officers and the staff of the Board shall be such as may be prescribed.",
"name": "Status, terms and conditions of services of officers and employees of the Board",
"related_acts": "",
"section_id": 13
},
{
"act_id": 349,
"details": "14. Temporary or casual vacancies in the posts of the officers, other than the Chairman, shall be filled up in the manner as may be prescribed.",
"name": "Casual vacancies in the posts of the officers of the Board other than the Chairman",
"related_acts": "",
"section_id": 14
},
{
"act_id": 349,
"details": "15. The Chairman, or in the absence of the Chairman one member elected from among those present at a meeting of the Board, shall preside at every meeting of the Board, and shall be entitled to vote on any matter and shall have and exercise a second or casting vote in every case of equality of votes.",
"name": "Conduct of meeting",
"related_acts": "",
"section_id": 15
},
{
"act_id": 349,
"details": "16. (1) No member of the Board shall vote on any matter coming before the Board in which he has any personal interest. (2) The Chairman or the presiding member, as the case may be, shall decide any question under sub-section (1) arising in a meeting and his decision shall be final.",
"name": "Restriction on voting",
"related_acts": "",
"section_id": 16
},
{
"act_id": 349,
"details": "17. The Board shall be its own executive.",
"name": "Board as executive",
"related_acts": "",
"section_id": 17
},
{
"act_id": 349,
"details": "18. (1) Subject to the provisions of this Act, the Board shall have power to organise, regulate, supervise, control and develop Technical Education within the Province. (2) In particular and without prejudice to the generality of the power conferred by sub-section (1), the Board shall have the power,- (a)\tto prescribe courses of instruction for its examination as detailed in the Schedule to this Act, (b)\tto grant recognition to or to withhold or withdraw recognition from Educational Institutions offering courses in Technical Education after considering inspection reports from its own Inspection Officer or Officers deputed in that behalf by the Board: Provided that no recognition from any such educational institutions shall be withheld or withdrawn without hearing the institutions concerned. (c) \tto prescribe conditions governing admission of students to and transfer of students from one institution to another prosecuting studies under the same curricula, (d) \tto prescribe the manner and mode of inspection of institution offering Technical Education, (e) \tto cause inspection, if necessary, of any institution under its control by the officers of the Board or by any other person or persons it considers suitable, (f) \tto hold, conduct and regulate examinations on completion of course and curricula of Technical Education, (g) \tto publish the results of examination held by the Board, (h)\tto grant Diplomas/Certificates to persons who have passed examinations held by the Board, (i) \tto arbitrate or arrange for arbitration in disputes between teachers and Governing Bodies or Managing Committees of Institutions offering Technical Education, (j) \tto submit to the Controlling Authority its views on any matter with which it is concerned, (k) \tto determine the number, designation and pay and allowances of the officers and staff of the Board, and to appoint such experts and consultants as it may consider necessary for the purpose of carrying out the provisions of this Act, (l) \tto regulate and decide all administrative matters including the creation and abolition of posts: Provided that the Chairman shall have the power to create temporary posts for a period not exceeding six months, (m)\tto fix, demand and receive such fees as may be prescribed by regulations, (n)\tto hold and manage endowments and to institute and award scholarships, medals and prizes, (o) \tto enter into and carry out contracts in exercise of powers and performance of duties assigned to it by this Act and the regulations, (p)\tto make provisions for buildings, premises, furniture, apparatus, books and other means needed for carrying on its work, and (q) \tto do such other acts and things as it may consider necessary for the purposes of organisation, regulation, supervision, control and development of Technical Education. (3) The Board may delegate any of its powers to the Chairman or any other officer of the Board or to a Committee or Sub-Committee constituted under this Act as it may deem fit, and withdraw any such delegation: Provided that the power to make any regulation shall not be delegated.",
"name": "Powers of the Board",
"related_acts": "",
"section_id": 18
},
{
"act_id": 349,
"details": "19. (1) The Board shall appoint the following Committees, namely:- (a) \tCommittee for Diploma Courses of Study; (b)\tCommittee for Certificate Courses of Study; (c) \tFinance Committee; (d) \tRegulation Committee; (e) \tSelection Committee; (f) \tAppeal and Arbitration Committee; (g) \tExamination Committee; (h)\tAge Correction Committee; and (i)\tSuch other Committee or Committees as the Board may consider necessary for the purpose of carrying out the provisions of this Act. (2) The composition, powers and duties of the Committee under sub-section (1) shall be as may be prescribed.",
"name": "Committee of the Board",
"related_acts": "",
"section_id": 19
},
{
"act_id": 349,
"details": "20. (1) The budget meetings of the Board shall be held on or before the 31st March every year. (2) No business shall be transacted at any meeting of the Board unless a quorum of five members is present: Provided that no quorum shall be necessary for a meeting adjourned for want of quorum.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 20
},
{
"act_id": 349,
"details": "21. (1) The Secretary shall present to the budget meeting of the Board a report on the work of the Board during the last preceding financial year, together with a budget estimate showing in the form prescribed, the anticipated income and expenditure of the Board during next succeeding financial year. (2) The budget estimate shall, when confirmed by the Board and within such period as may be prescribed by regulations, be forwarded to the Controlling Authority for approval. Thereupon the Controlling Authority will approve the budget estimate as submitted by the Board or he will make such modifications in it as he considers necessary after consulting the Chairman.",
"name": "Annual Report and budget estimate",
"related_acts": "",
"section_id": 21
},
{
"act_id": 349,
"details": "22. (1) There shall be constituted a Fund to be called “The Bangladesh Technical Education Fund” to which shall be credited,- (a) \tall fees realised under any of the provisions of this Act; (b) \tall sums representing income from endowments or from property owned or managed by the Board for the purposes of this Act; (c) \tall other sums received by the Board from the Government or any other source for any purpose provided for in this Act. (2) The Fund shall vest in the Board, shall be held by it in trust for the purposes of this Act and shall be administered by it. (3) All moneys payable to the credit of the Fund shall, forthwith, be deposited into a bank, approved by the Board or into a Government treasury.",
"name": "Constitution of the Bangladesh Technical Education Fund",
"related_acts": "",
"section_id": 22
},
{
"act_id": 349,
"details": "23. (1) No expenditure shall be incurred from the Fund except for the purposes of this Act and unless such expenditure is provided for in a budget approved by the Controlling Authority under section 21 or is provided for by reappropriation by the Board. (2) Subject to the provisions of sub-section (1), the Fund shall be applied to- (a) \tpayment of the cost of audit, (b) \tpayment of the salaries and allowances to the Chairman and other officers and employees of the Board, (c)\tpayment of all expenses connected with printing of papers, forms, documents, etc., required for carrying out the purposes of the Act, (d)\tpayment of allowances to members of the Board and Committees thereunder, (e)\tpayment of remunerations to such persons as may be appointed by the Board in connection with the work of holding and conducting the Board's Examinations and of publications of the results thereof, (f) \tpayment of contingent and capital expenditure, and (g)\tpayment of any other expenditure incurred by the Board in accordance with, and for the purposes of giving effect to, the provisions of this Act.",
"name": "Application of the Fund",
"related_acts": "",
"section_id": 23
},
{
"act_id": 349,
"details": "24. The Board shall keep accounts of all its receipts and expenditure in the manner and form as may be prescribed.",
"name": "Accounts",
"related_acts": "",
"section_id": 24
},
{
"act_id": 349,
"details": "25. (1) The Accounts of the Board shall be submitted to the Government once every year and examined and audited by an auditor appointed by the Government. (2) It shall be the duty of the Board, and of its officers to afford to the auditor every facility for examination and audit of the accounts of the Board, and to comply with a requisition made by the auditor.",
"name": "Audit",
"related_acts": "",
"section_id": 25
},
{
"act_id": 349,
"details": "26. (1) The auditor shall submit to the Government a report on the audit of accounts and send a copy of such report to the Board and thereupon the Board shall, within a period to be prescribed, in this behalf forward a copy of the report together with its observation thereon to the Government. (2) Subject to the provisions of section 28, the Government shall take such action on the audit report as it thinks fit.",
"name": "Audit Report",
"related_acts": "",
"section_id": 26
},
{
"act_id": 349,
"details": "27. The auditor shall- (a)\tdisallow any payment which is in contravention of any law for the time being in force, and charge it against the persons making or authorising it; (b)\tcharge the amount of any deficiency or loss against the persons by whose default or negligence such deficiency or loss resulted; (c)\tcharge any sum which could have been, but has not been brought into account against the person failing to account for it; (d)\tin every case of disallowance and charge under this section, certify, in writing, the amount due from the person against whom the charge is made; and (e)\tsend a copy of such certificate to the Board and to the person concerned within 14 days from the date on which the report referred to in sub-section (1) of section 26 is submitted to the Board.",
"name": "Disallowance",
"related_acts": "",
"section_id": 27
},
{
"act_id": 349,
"details": "28. (1) Any person from whom an auditor has certified any sum to be due under section 27, may, within one month from the receipt by him of a copy of the certificate, appeal against such order to the Controlling Authority. (2) The Controlling Authority shall, on such appeal, make such order as he thinks fit, after giving the person making the appeal opportunity of being heard and the decision of the Controlling Authority on such appeal shall be final.",
"name": "Appeal",
"related_acts": "",
"section_id": 28
},
{
"act_id": 349,
"details": "29. (1) Every sum certified to be due, under section 27 from any person, shall, within one month from the receipt by such person of a copy of the certificate, and, unless within that period he makes an appeal under section 28, be paid by him into the Fund. (2) The Board may direct that any sum not paid in accordance with the provisions of sub-section (1), or, if an appeal has been made under section 28, such sum, as the Controlling Authority may order to be due, shall be recovered,- (a)\tin the case of a servant of the Government or an officer or other employee of the Board, by deduction from his salary, in accordance with such conditions as may be prescribed by regulations or as a public demand under the 6* * * Public Demands Recovery Act, 1913; (b)\tin any other case as a public demand under the Act, referred to in clause (a).",
"name": "Payment of certified sum",
"related_acts": "",
"section_id": 29
},
{
"act_id": 349,
"details": "30. (1) An employee of a recognised institution offering Technical Education Course shall be bound by the following general condition of service, namely:- (a) \the shall not take part in, or subscribe in aid of, or assist in any way, any political movement, or any activities tending directly or indirectly to excite disaffection against the Government as by law established or to promote feelings of hatred or enmity between different classes of Bangladesh citizens or to disturb the public peace; (b) \the shall not canvass or interfere or use his influence or stand as a candidate in any election to a local body or a 7House of the Nation or Jatiyo Sangsad. (2) Any person, who contravenes any of the conditions of service, as specified in sub-section (1), shall be liable to disciplinary action including removal from his service by an order of the authority which appointed such person on proceeding initiated against him. (3) Any person aggrieved by an order of the authority referred to in sub-section (2) may prefer an appeal to the Chairman who may pass such order on such appeal as he thinks fit and such order shall be final.",
"name": "General conditions of service of the teachers",
"related_acts": "",
"section_id": 30
},
{
"act_id": 349,
"details": "31. Every member of the Board and of every Committee constituted under this Act, and every person appointed for carrying out the purposes of this Act, shall be deemed to be a public servant within the meaning of section 21 of the 8* * * Penal Code, 1860.",
"name": "Certain persons to be deemed to be public servants",
"related_acts": "11",
"section_id": 31
},
{
"act_id": 349,
"details": "32. 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.",
"name": "Indemnity",
"related_acts": "",
"section_id": 32
},
{
"act_id": 349,
"details": "33. No act done or proceedings taken, under this Act shall be invalid on the ground, merely, of- (a)\tthe existence of any vacancy in, or defect in the constitution of, the Board or any Committee constituted under this Act, and (b) \tany defect or irregularity not affecting the merits of the cases.",
"name": "Validation",
"related_acts": "",
"section_id": 33
},
{
"act_id": 349,
"details": "34. (1) The Board shall establish for the benefit of its officers and other employees, either Pension and Provident Funds or Contributory Provident Fund only, as it may deem fit, in such manner, and subject to such condition, as may be prescribed. When a Provident Fund is established, the Government may, by notification in the official Gazette, declare that the provisions of the Provident Funds Act, 1925, shall apply mutatis mutandis to such Funds. (2) In case the Board establishes Contributory Provident Fund under sub-section (1) all employees of the Board shall subscribe to that Fund a sum equal to 10 per cent of his salary every month. The Board shall contribute an equal amount in respect of each subscriber every month. (3) The terms and conditions of deposit of subscription and contributions to the Fund referred to in sub-section (2) and withdrawals and advances from it shall be such as may be prescribed.",
"name": "Pension and Provident Fund or Contributory Provident Fund only",
"related_acts": "136",
"section_id": 34
},
{
"act_id": 349,
"details": "35. A permanent employee of the Board shall retire in the afternoon of the date on which he completes the fifty-fifth year of his age unless his services are extended in the manner as may be prescribed.",
"name": "Age of Retirement",
"related_acts": "",
"section_id": 35
},
{
"act_id": 349,
"details": "36. (1) The Board shall provide for the members of the staff meeting with untimely death or disabled by accident or illness during service, a gratuity equivalent to one month's pay for each completed year of his service under the employment of the Board. (2) The terms and conditions of gratuity under sub-section (1) shall be such as may be prescribed.",
"name": "Gratuity",
"related_acts": "",
"section_id": 36
},
{
"act_id": 349,
"details": "37. No member of the Board shall draw any fee or other remuneration in any capacity whatever from the funds of the Board or enter into any contract with the Board directly or through any other person in connection with the affairs of the Board: Provided that the provisions of this section shall not debar the Chairman of the Board from receiving his emoluments in accordance with the terms and conditions of his appointment.",
"name": "Members prohibited from deriving monetary gains",
"related_acts": "",
"section_id": 37
},
{
"act_id": 349,
"details": "38. No person, who has any financial interest in any book prescribed by the Board as a course of study for any examination conducted by the Board or has a financial interest as a partner or otherwise in any firm which publishes, produces or supplies any such book, shall be eligible to become a member of the Board or a Committee or a Sub-Committee constituted under this Act and shall continue as such after having acquired any such interest.",
"name": "Bar against membership of the Board or Committee on the persons with financial interest in the affairs of the Board",
"related_acts": "",
"section_id": 38
},
{
"act_id": 349,
"details": "39. The Government may make rules for the purposes of carrying into effect the provisions of this Act.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 39
},
{
"act_id": 349,
"details": "40. (1) The Board may, with previous approval of the Government, make regulations not inconsistent with the provisions of this Act or rules made thereunder, for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the power conferred by sub-section (1), the Board may make regulations providing for all or any of the following matters, namely:- (a)\tthe powers and duties of the officers of the Board other than the Controlling Authority, (b) \tthe conduct of the meetings of the Board and the Committees, (c) \tthe grant and withholding of Diploma and Certificate, (d) \tthe curricula and the courses of the study to be framed and prescribed for such certificates and Diploma, (e) \tfor granting or withholding recognition to Institutions offering Technical Education Courses and for withdrawal of such recognition, (f)\tthe constitution, powers, and duties of the Governing Bodies/Managing Committees of non-Government institutions offering Technical Education, (g)\tthe terms and conditions of service of the teachers of non-Government institutions offering Technical Education, (h) \tthe conditions under which candidates shall be admitted to the Examinations of the Board and shall be eligible for certificates, (i) \tthe manner and mode of inspection, (j) \tthe fixing and receiving fees for admission to the examinations of the Board and for other purposes, (k) \tthe holding and conduct of all Examinations of the Board, (l) \tacquisition, possession and transfer of property by the Board, the conditions of such acquisition, possession and transfer or any other act referred to in sub-section (2) of section 3, (m)\tmanner of appointment of the officers of the Board, other than the Chairman by the Board, (n) \tmanner of appointment of employees of the Board, other than its officers, by the Chairman, (o)\tstatus, terms and conditions of service including rules for disciplinary action, for grant of leave and for retirement of the officers and staff of the Board, (p)\tmanner of filling up temporary and casual vacancies in the posts of the officers of the Board under section 14, (q)\tform for showing anticipated income and expenditure of the Board and the period within which the budget estimate shall be forwarded to the Controlling Authority, (r) \tthe framing of an Accounts Manual of the prescription of the manner and form of keeping accounts of receipts and expenditure of the Board, (s) \tperiod within which the copy of the audit report together with the observation of the Board shall be forwarded to the Controlling Authority, (t) \tmanner and conditions of benefit from Pension and Provident Fund or Contributory Provident Fund only, (u) \tterms and conditions of gratuity, (v) \ttravelling allowance and daily allowance of the members for attending meeting of the Board and Committees, (w)\treports, returns and statements to be forwarded to the Controlling Authority under section 10, and (x) \tall other matters which are to be or may be prescribed by regulations. (3) Regulations made under this section shall be published in the official Gazette.",
"name": "Board’s power to make regulations",
"related_acts": "",
"section_id": 40
},
{
"act_id": 349,
"details": "41. (1) From the date of commencement of this Act and till such time as the nominated and appointed members other than the Chairman are not nominated or appointed, the Chairman and the ex-officio members shall exercise all the powers and perform all the duties of the Board and its Committees constituted under this Act. (2) On the nomination and appointment of all the members, the Board shall exercise all powers and perform all duties of the Committees constituted under this Act up to the time the Committees are constituted.",
"name": "Transitional Provision",
"related_acts": "",
"section_id": 41
},
{
"act_id": 349,
"details": "42. If any difficulty arises with respect to the establishment of the Board or in connection with the first meeting of the members to the provisions of this Act, the Controlling Authority may, at any time, before the first meeting of the Board, make any order consistent with the provisions of this Act, which appears to him to be necessary or expedient for the purpose of removing the difficulty.",
"name": "Removal of difficulties",
"related_acts": "",
"section_id": 42
},
{
"act_id": 349,
"details": "43. No act done, order passed or proceedings taken by the Controlling Authority or the Board or by the Chairman or any other officer of the Board or by any Committee under this Act, shall be called in question in any Court by a suit or otherwise.",
"name": "Bar to Civil suit",
"related_acts": "",
"section_id": 43
},
{
"act_id": 349,
"details": "44. The type, duration and standard of courses to be provided for, and the Diplomas and Certificates to be awarded, by the Board shall be as indicated in the Schedule appended to this Act.",
"name": "Type, duration and standard of courses and the Diploma and Certificate to be awarded by the Board",
"related_acts": "",
"section_id": 44
}
],
"text": "An Act to reorganise, regulate and control Technical Education in Bangladesh and to constitute a Board therefore.1♣ WHEREAS it is expedient to reorganise, regulate and control Technical Education in Bangladesh and to constitute a Board therefore in the manner hereinafter appearing; It is hereby enacted as follows:-"
} |
{
"id": 350,
"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) as amended by the Bangladesh Laws (Revision and Declaration) (Third Amendment) Act, 2001 (Act No. XLVIII of 2001)",
"3 The word “Bangladesh” 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) as amended by the Bangladesh Laws (Revision and Declaration) (Third Amendment) Act, 2001 (Act No. XLVIII of 2001)",
"4 The word “Bangladesh” 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)",
"5 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 Finance Act, 1967 (East Pakistan Act)",
"num_of_sections": 15,
"published_date": "30th June, 1967",
"related_act": [
388,
430
],
"repelled": false,
"sections": [
{
"act_id": 350,
"details": "1. (1) This Act may be called the 1* * * Finance Act, 1967. (2) It extends to the whole of 2Bangladesh. (3) It shall come into force on the first day of July, 1967.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 350,
"details": "2. (1) There shall be levied and collected by the 3Bangladesh an additional Development and relief tax from every Malik or tenant at the rate of fifteen per cent of land revenue or rent payable by him in respect of the land comprised in his holding or tenancy with effect from the 1st day of Baishakh, 1377. (2) The additional development and relief tax levied under sub-section (1) shall be realised in the manner in which rent is realised by the 4Bangladesh.",
"name": "Levy of additional development and relief tax",
"related_acts": "",
"section_id": 2
},
{
"act_id": 350,
"details": "3. Amendments of section 34 and Article 53 of Schedule IA of Act II of 1899.- Repealed by section 15 of the Finance Act, 1968 (East Pakistan Act No. VI of 1968).",
"name": "Repealed.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 350,
"details": "4. Toll on vessels plying on inland waters.- Repealed by section 15 of the Finance Act, 1968 (East Pakistan Act No. VI of 1968).",
"name": "Repealed.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 350,
"details": "5. Toll on fares and freights on traffic by inland vessels.- Repealed by section 15 of the Finance Act, 1968 (East Pakistan Act No. VI of 1968).",
"name": "Repealed.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 350,
"details": "6. Tax on railway fares and freights.- Repealed by section 15 of the Finance Act, 1968 (East Pakistan Act No. VI of 1968).",
"name": "Repealed.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 350,
"details": "7. Toll on freights on goods carried by road.- Repealed by section 15 of the Finance Act, 1968 (East Pakistan Act No. VI of 1968).",
"name": "Repealed.",
"related_acts": "",
"section_id": 7
},
{
"act_id": 350,
"details": "8. Bar to renewal of certificate of survey and certificate of fitness.- Repealed by section 15 of the Finance Act, 1968 (East Pakistan Act No. VI of 1968).",
"name": "Repealed.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 350,
"details": "9. Amendment of section 6 of East Pakistan Act X of 1957.- Repealed by section 15 of the Finance Act, 1968 (East Pakistan Act No. VI of 1968).",
"name": "Repealed.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 350,
"details": "10. Continuance of rules framed under East Pakistan Act X of 1957.- Repealed by section 15 of the Finance Act, 1968 (East Pakistan Act No. VI of 1968).",
"name": "Repealed.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 350,
"details": "11. If a person, on whom a 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 or fails to collect and pay the tax or the 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": 11
},
{
"act_id": 350,
"details": "12. A tax or toll leviable under any provision of this Act or any penalty imposed thereunder shall be recoverable as a public demand under the 5* * * Public Demands Recovery Act, 1913.",
"name": "Public demands",
"related_acts": "",
"section_id": 12
},
{
"act_id": 350,
"details": "13. No suit shall lie in any Civil Court to set aside or modify any assessment of tax or toll made under this Act and the rules made thereunder.",
"name": "Bar of suits in Civil Courts",
"related_acts": "",
"section_id": 13
},
{
"act_id": 350,
"details": "14. No suit, prosecution or legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act or the rules made thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 14
},
{
"act_id": 350,
"details": "15. 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": 15
}
],
"text": "An Act to provide for the continuance of certain taxes and tolls and for raising the rates of certain other taxes. WHEREAS it is expedient to provide for the continuance of certain taxes and tolls and for raising the rates of certain other taxes; It is hereby enacted as follows:-"
} |
{
"id": 351,
"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)"
],
"name": "The Conservator of Ports, Lands and Buildings (Recovery Of Possession) Act, 1967 (East Pakistan Act)",
"num_of_sections": 11,
"published_date": "4th March, 1968",
"related_act": [
98,
430,
48,
49,
89
],
"repelled": false,
"sections": [
{
"act_id": 351,
"details": "1. (1) This Act may be called the Conservator of Ports, Lands and Buildings (Recovery of Possession) Act, 1967. (2) It applies to all Ports to which the Provision of the Ports Act, 1908 (Act XV of 1908) have been extended or may hereinafter be extended by notification in the official Gazette. (3) It shall come into force at once.",
"name": "Short title, application and commencement",
"related_acts": "89",
"section_id": 1
},
{
"act_id": 351,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Allotment” means permission or license to occupy temporarily any premises or part thereof on an agreed rental or fee, without conferring any right or interest in respect thereof on the person to whom such permission or license has been granted; (b)\t“Conservator” means some officer or body of persons appointed as such under section 7 of the Ports Act, 1908 (Act XV of 1908); (c)\t“Lands or Buildings” means lands or building or part thereof which vests in, or is in possession or under the management or control of a conservator, and used or held for the purposes connected with the administration and working of a Port but does not include any land or building in respect of which any person has a right of property as mentioned in the Ports Act, 1908; Explanation.- Building includes the lands appurtenant thereto; (d) \t“Lease” has the same meaning as assigned to it under section 105 of the Transfer of Property Act, 1882 (Act IV of 1882) and includes an allotment, and “lessee”, which includes his heirs, assigns, legal representative and all persons inducted by him into the demised land or building, shall be construed accordingly; (e) \t“License” shall have the same meaning as assigned to it under section 52 of the Easements Act, 1882 (Act V of 1882); (f ) “Port” means a Port to which the provisions of the Ports Act, 1908 (Act XV of 1908) have for the time being been extended or may be extended hereafter; (g)\t“Prescribed” means prescribed by rules made under this Act by the Government; (h)\t“Unauthorised occupant” means a person who is in occupation of any land or building without permission of or license from the Conservator, and includes- (i)\ta person inducted into any land or building by original lessee or licensee of the land and buildings; and (ii)\ta person who remains in occupation of land or building after determination of the lease or license in respect of such land and buildings.",
"name": "Definitions",
"related_acts": "89,89,48,49,89",
"section_id": 2
},
{
"act_id": 351,
"details": "3. (1) If, on the expiry, whether before or after commencement of this Act, of the period of any lease or license in respect of any land or building of which the Conservator is the lessor or licensor or on the determination of such lease or license on the ground of breach of covenant or in pursuance of the condition in the lease imposing any obligation on the lessee or the licensee to give up possession of the demised land or building in the event of such land or building being required for the purposes of the Conservator, the lessee or licensee refused or failed, or refuses or fails, to vacate and deliver vacant possession of such land or building to the Conservator, then, notwithstanding anything contained in any other law, for the time being in force, or any contract, the Conservator may, after giving him an opportunity of being heard, by notice, in writing, require such lessee or licensee to vacate and deliver vacant possession of such land or building to him and to remove structures, if any, erected or built thereon by him within such time as may be specified in the notice. (2) If the Conservator is satisfied, after making such inquiry as he may think fit, that a person is an unauthorised occupant of any land or building, he may, after giving him an opportunity of being heard, by notice, in writing, require such person to vacate such land or building, and deliver vacant possession thereof to him and to remove structures, if any, erected or built thereon by him, within such time as may be specified in the notice. (3) If any person, to whom a notice to vacate or to deliver vacant possession or to remove structures is served under sub-section (1) or sub-section (2) fails to comply with the notice, the Conservator shall take possession of such land or building and demolish such structures after the expiry of 30 days of the date of the service of the notice. (4) No person shall be evicted under sub-section (2) in between the sunset and the sunrise.",
"name": "Eviction of outgoing lessee, licensee and unauthorised occupants from the lands or buildings",
"related_acts": "",
"section_id": 3
},
{
"act_id": 351,
"details": "4. (1) Any person aggrieved by an order under sub-section (1) or by a direction under sub-section (2) of section 3 may, within thirty days from the services of such order or direction, prefer an appeal to the Commissioner concerned who may, pending the disposal of the appeal, make such interlocutory order as he may think fit. (2) The decision of the Commissioner in an appeal under sub-section (1) shall be final.",
"name": "Appeal",
"related_acts": "",
"section_id": 4
},
{
"act_id": 351,
"details": "5. A notice or order under section 3 shall be served in the manner as prescribed in the Civil Procedure Code (Act V of 1908).",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 351,
"details": "6. (1) The cost of demolition of structures under section 3, hereinafter in this section referred as the cost, shall be payable to the Conservator by the lessee, licensee or the unauthorised occupant evicted, as the case may be. (2) If the cost is not paid on demand, the Chairman, Inland Water Transport Authority may, on application by the Conservator and after giving the lessee, licensee or unauthorised occupant, as the case may be, an opportunity of being heard, cause the materials of structures demolished to be sold in auction in such manner as may be prescribed. (3) If the sale proceeds exceed the cost, the excess amount shall be paid to the lessee or the unauthorised occupant.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 351,
"details": "7. If any rent or fee payable in respect of any land or building has been in arrear on the date of the recovery of possession of such land or building, the amount due on account of such arrears, with interest, if any, accrued thereupon shall be recoverable as public demand under the Public Demands Recovery Act, 1913 (Act III of 1913).",
"name": "Recovery of arrears of rent or fee",
"related_acts": "98",
"section_id": 7
},
{
"act_id": 351,
"details": "8. No Court shall question anything done or purported to have been done by the Conservator under this Act.",
"name": "Jurisdiction of Courts barred",
"related_acts": "",
"section_id": 8
},
{
"act_id": 351,
"details": "9. No suit or other legal proceeding shall lie against the Conservator or any other 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": 351,
"details": "10. The Conservator, may with, previous approval of the Government, delegate any or all of his powers and functions under this Act to such person as he may think fit and proper.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 10
},
{
"act_id": 351,
"details": "11. The 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 for the speedy recovery of possession of lands and buildings belonging to the Conservator of Ports by evicting the outgoing lessees, licensees, and unauthorised occupants therefrom.1♣ WHEREAS it is expedient to provide for speedy recovery of possession of lands or buildings belonging to the Conservator of Ports to which the provisions of the Ports Act, 1908 (Act XV of 1908) have been extended or may hereinafter be extended and for matters ancillary thereto; It is hereby enacted as follows:-"
} |
{
"id": 352,
"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)"
],
"name": "The Carriage by Air (Supplementary Convention) Act, 1968",
"num_of_sections": 2,
"published_date": "29th May, 1968",
"related_act": [
352,
344,
165,
430
],
"repelled": false,
"sections": [
{
"act_id": 352,
"details": "1. (1) This Act may be called the Carriage by Air (Supplementary Convention) Act, 1968. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once and shall be deemed to have taken effect on the 19th day of September, 1965.",
"name": "Short title, extent and commencement",
"related_acts": "352",
"section_id": 1
},
{
"act_id": 352,
"details": "2. (1) The rules contained in the Schedule, being the provisions of the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person other than the Contracting Carrier, hereinafter referred to as the Convention, shall, subject to the provisions of this Act, have the force of law in Bangladesh in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage. (2) The rules contained in the Schedule shall be supplementary to, and form part of the rules contained in the First Schedule to the Carriage By Air Act, 1934 (XX of 1934), or, as the case may be, in the First Schedule to the Carriage by Air (International Convention) Act, 1966 (IX of 1966), and shall have effect accordingly. (3) The 2Government may, by notification in the official Gazette, certify who are the Contracting States for the purposes of the Convention and in respect of what territories they are Contracting States; and any such notification shall be conclusive evidence of the matters specified therein.",
"name": "Application of Supplementary Convention",
"related_acts": "165,344",
"section_id": 2
}
],
"text": "An Act to give effect in Bangladesh to the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person other than the Contracting Carrier.1♣ WHEREAS it is expedient to give effect in Bangladesh to the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person other than the Contracting Carrier, and to provide for matters connected therewith; It is hereby enacted as follows:-"
} |
{
"id": 353,
"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 2 of the Antiquities (Amendment) Ordinance, 1976 (Ordinance No. LXXIII of 1976)",
"2 The words “the preceding hundred years” were substituted for the word, comma and figure “May, 1857” by section 3 of the Antiquities (Amendment) Ordinance, 1976 (Ordinance No. LXXIII of 1976)",
"3 The words “the People’s Republic of Bangladesh” were substituted for the word “Pakistan” by section 2 of the Antiquities (Amendment) Ordinance, 1976 (Ordinance No. LXXIII of 1976)",
"4 The word “Parliament” was substituted for the words “the National Assembly of Pakistan, one being from each Province” by section 4 of the Antiquities (Amendment) Ordinance, 1976 (Ordinance No. LXXIII of 1976)",
"5 The words “acquire such land or any part thereof ” were substituted for the words “direct the Provincial Government to acquire such land or any part thereof and the Provincial Government shall thereupon acquire such land or part” by section 5 of the Antiquities (Amendment) Ordinance, 1976 (Ordinance No. LXXIII of 1976)",
"6 The words “acquire such antiquity or any part thereof ” were substituted for the words “direct the Provincial Government to acquire such antiquity or any part thereof and the Provincial Government shall thereupon acquire such antiquity or part” by section 6 of the Antiquities (Amendment) Ordinance, 1976 (Ordinance No. LXXIII of 1976)",
"7 Sub-sections (5) and (6) were added by section 7 of the Antiquities (Amendment) Ordinance, 1976 (Ordinance No. LXXIII of 1976)",
"8 The words, figures, comma and brackets “section 16 of the Customs Act, 1969 (IV of 1969)” were substituted for the words, figures, comma and brackets “section 19 of the Sea Customs Act, 1878 (VIII of 1878)” by section 8 of the Antiquities (Amendment) Ordinance, 1976 (Ordinance No. LXXIII of 1976)"
],
"name": "The Antiquities Act, 1968",
"num_of_sections": 32,
"published_date": "12th December, 1968",
"related_act": [
353,
354
],
"repelled": false,
"sections": [
{
"act_id": 353,
"details": "l. (1) This Act may be called the Antiquities Act, 1968. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "353",
"section_id": 1
},
{
"act_id": 353,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \t“Advisory Committee” means the Advisory Committee constituted under section 3; (b)\t“ancient” means belonging or relating to any period prior to 2the preceding hundred years; (c)\t“antiquity” means- (i)\tany ancient product of human activity, movable or immovable, illustrative of art, architecture, craft, custom, literature, morals, politics, religion, warfare, science or of any aspect of civilisation or culture, (ii)\tany ancient object or site of historical, ethnographical, anthropological, military or scientific interest, and (iii)\tany other ancient object or class of such objects declared by the Government, by notification in the official Gazette to be an antiquity for the purposes of this Act; (d) \t“dealer” means a person engaged in the business of buying and selling antiquities; and “deal in antiquities” means to carry on such business; (e)\t“Director” means the Director of Archaeology, Government of 3the People's Republic of Bangladesh, and includes an officer authorised by him to exercise or perform all or any of the powers or functions of the Director under this Act; (f ) \t“export” means taking out of Bangladesh by land, sea or air; (g)\t“immovable antiquity” means an antiquity of any of the following descriptions, namely:- (i) \tany archaeological deposits on land or under water, (ii) \tany archaeological mound, tumulus, burial place or place of interment, or any ancient garden, structure, building, erection or other work of historical, archaeological, military or scientific interest, (iii)\tany rock, cave or other natural object of historical, archaeological, artistic or scientific interest or containing sculpture, engraving, inscription or painting of such interest, and includes- (1)\tany gate, door, window, panelling dados, ceiling, inscription, wall-painting, wood work, iron work or sculpture or other thing which is attached or fastened to an immovable antiquity; (2)\tthe remains of an immovable antiquity; (3)\tthe site of an immovable antiquity; (4)\tsuch portions of land or water adjoining the site of an immovable antiquity as are reasonably required for fencing or covering or otherwise preserving such antiquity; (5)\tthe reasonable means of access to, and convenient inspection of, an immovable antiquity; and (6)\tany urban site, street, group of buildings or public square of special value which the Government, being of the opinion that its preservation is a matter of public interest by reason of its arrangement, architecture or materials of construction, by notification in the official Gazette, declares to be an immovable antiquity for the purposes of this Act; (h) \t“owner” includes- (i)\tany person legally competent to act on behalf of the owner when by reason of infancy or other disability the owner is unable to act; (ii) \ta joint owner invested with powers of management on behalf of himself and other joint owners and the successor-in-interest of such owner, and (iii)\tany manager or trustee exercising the powers of management and the successor-in-office of such manager or trustee; (i)\t“protected antiquity” means an antiquity which is declared under section 10 to be a protected antiquity.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 353,
"details": "3. For the purposes of this Act, the Government shall constitute an Advisory Committee consisting of the following members, namely:- (a)\tthe Director, who shall also be its Chairman; (b)\ttwo Members of 4Parliament; and (c) \tthree other persons having special knowledge of antiquities.",
"name": "Advisory Committee",
"related_acts": "",
"section_id": 3
},
{
"act_id": 353,
"details": "4. If any question arises whether any product, object or site is an antiquity within the meaning of this Act, it shall be referred to the Government which shall, after consultation with the Advisory Committee, decide the same; and the decision of the Government shall be final.",
"name": "Dispute as to whether any product, etc., is an antiquity",
"related_acts": "",
"section_id": 4
},
{
"act_id": 353,
"details": "5. Where the Director receives any information or otherwise has the knowledge of the discovery or existence of an antiquity of which there is no owner, he shall, after satisfying himself as to the correctness of the information or knowledge, take such steps as he may consider necessary for the custody, preservation and protection of the antiquity.",
"name": "Custody, preservation, etc., of ownerless antiquity",
"related_acts": "",
"section_id": 5
},
{
"act_id": 353,
"details": "6. (1) The Director may, after giving reasonable notice, enter into, inspect and examine any premises, place or area which are the sub-soil of which he may have reason to believe to be or to contain an antiquity and may cause any site, building, object, or any antiquity or remains of any antiquity in such premises, place or area to be photographed, copied or reproduced by any process suitable for the purpose. (2) The owner or occupier of the premises, place or area shall afford all reasonable opportunity and assistance to the Director for the purposes of sub-section (1). (3) No photograph, copy or reproduction taken or made under or for the purposes of sub-section (1) shall be sold or offered for sale except by or with the consent of the owner of the object of which the photograph, copy or reproduction has been taken or made. (4) Where substantial damage is caused to any property as a result of the inspection under sub-section (1), the Director shall pay to the owner thereof reasonable compensation for the damage.",
"name": "Power of entry, inspection, etc.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 353,
"details": "7. If the Government has reasonable grounds to believe that any land contains any antiquity, it may 5acquire such land or any part thereof under the Land Acquisition Act, 1894 (I of 1894), as for a public purpose.",
"name": "Acquisition of land containing antiquities",
"related_acts": "",
"section_id": 7
},
{
"act_id": 353,
"details": "8. (1) The Director may, with the previous sanction of the Government, purchase, or take lease or accept a gift or bequest of, any antiquity. (2) The Director may receive voluntary contributions and donations for the acquisition, preservation or restoration of antiquities and may make suitable arrangements for the management and application of the fund created by such contributions and donations: Provided that when a contribution or donation has been made for any specified purpose, it shall not be applied to any purpose other than that for which it has been made.",
"name": "Purchase, taking lease etc., of antiquity",
"related_acts": "",
"section_id": 8
},
{
"act_id": 353,
"details": "9. (1) Where the Director receives any information or otherwise has the knowledge that any antiquity or any immovable property containing an antiquity is offered for sale or is about to be sold, he may, with the approval of the Government, exercise the right of pre-emption with respect to such antiquity or property and, if he intends to exercise the right, shall give to the person competent to sell a notice in writing accordingly. (2) If the Director does not exercise with respect to any antiquity or property the right of pre-emption within a period of three months from the date of notice given under sub-section (1), the antiquity or property may be sold to any person after the expiry of the said period and a notice of such sale shall be given to the Director. (3) Save as provided in sub-section (2), no antiquity or property in respect of which a notice under sub-section (1) has been given shall be sold to any person. (4) All sales in contravention of sub-section (3) shall be void and the antiquity or property so sold shall be forfeited to the Government.",
"name": "Right of pre-emption in case of a sale of antiquity",
"related_acts": "",
"section_id": 9
},
{
"act_id": 353,
"details": "10. (1) The Government may, by notification in the official Gazette, declare any antiquity to be a protected antiquity for the purposes of this Act. (2) A copy of a notification under sub-section (1) shall be served on the owner of the antiquity, and, in the case of an immovable antiquity, shall also be fixed up in a conspicuous place of or near the antiquity. (3) A notification under sub-section (1) shall, unless it is cancelled by the Government, be conclusive evidence of the fact that the antiquity to which it relates is a protected antiquity for the purposes of this Act. (4) Ancient monuments declared to be protected monuments under the Ancient Monuments Preservation Act, 1904 (VII of 1904), shall be deemed to be protected antiquities for the purposes of this Act.",
"name": "Declaration of protected antiquities",
"related_acts": "",
"section_id": 10
},
{
"act_id": 353,
"details": "11. (1) The owner of an antiquity to which a notification under section 10 relates, or any person having any right or interest in the antiquity, may, within three months of the service of a copy of the notification, make a representation in writing to the Government against the notification. (2) Upon the receipt of a representation under sub-section (1) against a notification, the Government, after giving the person making it an opportunity of being heard and after consultation with the Advisory Committee, may, if it is satisfied that there are good and sufficient reasons for objection to the notification, cancel it.",
"name": "Representation against declaration of protected antiquities",
"related_acts": "",
"section_id": 11
},
{
"act_id": 353,
"details": "12. (1) The owner of any immovable antiquity or of any protected antiquity may, by an agreement in writing, constitute the Director the guardian of such antiquity and the Director may, with the previous sanction of the Government, accept such guardianship. (2) Where the Director has accepted the guardianship of an antiquity in pursuance of an agreement under sub-section (1), the owner shall, except as expressly provided in this Act and in the agreement, have the same right, title and interest in and to the antiquity as if the Director had not been constituted the guardian thereof. (3) An agreement under this section in relation to an antiquity may provide for all or any of the following matters, namely:- (a)\tthe maintenance of the antiquity; (b)\tthe custody of the antiquity and the duties of any person who may be employed to watch it; (c)\tthe restrictions upon the right of the owner to alienate, destroy, remove, alter or deface the antiquity or to build on or near the site of the antiquity; (d) \tthe facilities of access to be allowed to the public; (e) \tthe facilities to be allowed to persons deputed by the owner or the Director for inspection and maintenance of the antiquity; (f )\tthe expenses to be incurred in connection with the preservation of the antiquity and payment of such expenses if incurred by the owner; (g)\tcompensation to be paid for any loss sustained by the owner or occupier or any other person as a result of the enforcement or observance of the agreement; and (h) \tany other matter connected with the custody, management and preservation of the antiquity. (4) The terms of an agreement under this section may be altered from time to time with the sanction of the Government and with the consent of the owner. (5) An agreement under this section in relation to an antiquity may be terminated upon six months' notice in writing given by the Director, with the previous sanction of the Government, to the owner or by the owner to the Director.",
"name": "The guardianship of antiquity by agreement",
"related_acts": "",
"section_id": 12
},
{
"act_id": 353,
"details": "13. Notwithstanding anything contained in any other law for the time being in force, every person who, at a sale for the recovery of arrears of land-revenue or any other public demand, purchases any land or property, or any right or interest in land or property, which contains, or in which is situated an antiquity in respect of which an agreement under section 12 subsists, and every person claiming any title to any antiquity from, through or under an owner who entered into such agreement, shall be bound by such agreement.",
"name": "Purchasers at certain sales and persons claiming through owner bound by agreement entered into by owner",
"related_acts": "",
"section_id": 13
},
{
"act_id": 353,
"details": "14. Where the owner of an antiquity is not traceable, the Director may, with the approval of the Government and until such time as the owner is traced, take necessary measures for the custody, preservation and protection of the antiquity.",
"name": "Custody etc., of antiquity of which owner not traceable",
"related_acts": "",
"section_id": 14
},
{
"act_id": 353,
"details": "15. (1) Where any endowment has been created for the maintenance and preservation of any protected antiquity, or for that purpose among others, and the owner or other person competent in this behalf fails in the proper application of such endowment and, when proposed to him by the Director, refuses or fails to enter into an agreement under section 12, the Director may, for the proper application of such endowment or part thereof, institute a suit in the Court of the District Judge, or, where the estimated cost of maintaining and preserving the antiquity does not exceed one thousand Taka, make an application to the District Judge. (2) On the hearing of an application under sub-section (1), the District Judge may summon and examine the owner and any person whose evidence appears to him necessary, and may pass an order for the proper application of the endowment or of any part thereof, and any such order may be executed as if it were the decree of a Civil Court.",
"name": "Application of endowment for maintenance and preservation of antiquity",
"related_acts": "",
"section_id": 15
},
{
"act_id": 353,
"details": "16. (1) If the Government apprehends that a protected immovable antiquity is in danger of being destroyed, injured or allowed to fall into decay, it may, after consultation with the Advisory Committee, 6acquire such antiquity or any part thereof under the Land Acquisition Act, 1894 (I of 1894), as for a public purpose. (2) The power of compulsory acquisition under sub-section (1) shall not be exercised in the case of - (a)\tany antiquity which or any part of which is periodically used for religious observances; or (b)\tany antiquity which is the subject of a subsisting agreement under section 12; or (c)\tany other antiquity unless the owner or other person competent in this behalf has, when proposed to him by the Director, failed to enter into an agreement under section 12 within such period, not being less than six months, as the Director may fix.",
"name": "Compulsory acquisition of protected immovable antiquity",
"related_acts": "",
"section_id": 16
},
{
"act_id": 353,
"details": "17. (1) A place of worship or shrine, being an antiquity maintained by the Government, shall not be used for any purpose inconsistent with its character. (2) A place of worship or shrine in respect of which the Director has accepted guardianship in pursuance of an agreement under section 12 shall, unless the agreement otherwise provides, be maintained by the person or body in whom it is vested or, if there is no such person or body, by the Government. (3) Where any antiquity in respect of which the Government has acquired any right under this Act or the Director has accepted guardianship is periodically used for religious worship or observances by any community, the Director shall provide for the protection of such antiquity from pollution or desecration- (a)\tby prohibiting the entry therein, except in accordance with the conditions prescribed with the concurrence of the person in charge of the antiquity, of any person not entitled so to enter by the religious usages of the community by which the antiquity is used; and (b)\tby taking with the concurrence of the person in charge of the antiquity such other action as he may think necessary for the purpose. (4) Whoever contravenes the provisions of sub-section (3) shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.",
"name": "Protection of place of worship from misuse etc.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 353,
"details": "18. A protected immovable antiquity in respect of which the Director has accepted guardianship in pursuance of an agreement under section 12 or the Government has acquired any right under this Act, shall not, except as otherwise provided in such agreement or in this Act, be used for any purpose other than that directly related to its administration or preservation.",
"name": "Restriction on use of protected immovable antiquity",
"related_acts": "",
"section_id": 18
},
{
"act_id": 353,
"details": "19. (1) Subject to the provisions of this Act or of any agreement under section 12, no person shall, except for carrying out the purposes of this Act, destroy, break, damage, alter, injure, deface or mutilate, or scribble, write or engrave any inscription or sign on, any antiquity in respect of which the Director has accepted guardianship or the Government has acquired any right. (2) Whoever 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. (3) The Court trying an offence under sub-section (2) may direct that the whole or any part of the fine recovered shall be applied in defraying the expenses of restoring the antiquity to the condition in which it was before the commission of the offence.",
"name": "Prohibition of destruction, damage etc., of antiquities",
"related_acts": "",
"section_id": 19
},
{
"act_id": 353,
"details": "20. (1) Whoever counterfeits, or commits forgery in respect of, any antiquity with intent to commit fraud or knowing it to be likely that fraud will thereby be committed, or causes anything to appear like, or to be believed to be, an antiquity with intent to cause wrongful gain to one person or wrongful loss to another person, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. (2) The Court trying an offence under sub-section (1) may direct that anything the making or forging of which has constituted such offence shall be forfeited to the Government.",
"name": "Penalty for counterfeiting etc., of antiquity",
"related_acts": "",
"section_id": 20
},
{
"act_id": 353,
"details": "21. (1) No person shall deal in antiquities except under and in accordance with a licence granted by the Director. (2) Every dealer shall maintain a register in such manner and form as the Director may prescribe from time to time. (3) A licence granted under sub-section (1) may be cancelled by the Director for the breach of any condition of the licence. (4) The Director may, with a view to securing compliance with the provisions of this section,- (a)\trequire any person dealing in antiquities to give such information in his possession with respect to any business carried on by him as the Director may demand; (b)\tinspect or cause to be inspected any book, register or other document belonging to or under the control of any person dealing in antiquities; and (c)\tenter and search, or authorise any officer subordinate to him to enter and search, any premises and seize, or authorise any such officer, to seize, any antiquity in respect of which he has reason to believe that a breach of any condition of the licence has been committed. 7(5) Whoever contravenes the provisions of this section shall be punishable with imprisonment which may extend to six months, or with fine, or with both. (6) The Court trying an offence under sub-section (5) may direct that any antiquities in respect of which the offence has been committed shall be forfeited to the Government.",
"name": "Dealing in antiquities",
"related_acts": "",
"section_id": 21
},
{
"act_id": 353,
"details": "22. (1) No person shall export any antiquity except under a licence to be granted by the Director- (a)\tfor the temporary export of antiquities for the purpose of exhibition, examination or treatment for preservation; or (b)\tin accordance with agreement with foreign licensees for archaeological exploration and excavations within the term of their licences; or (c)\tfor the export of antiquities which are not of a unique nature in exchange for antiquities of any foreign country. (2) All antiquities the export of which is prohibited under sub-section (1) shall be deemed to be goods of which the export has been prohibited under 8section 16 of the Customs Act, 1969 (IV of 1969), and all the provisions of that Act shall have effect accordingly, except that the antiquity in respect of which the provisions of that Act have been contravened shall be confiscated where confiscation is authorised under that Act.",
"name": "Export of antiquities",
"related_acts": "354",
"section_id": 22
},
{
"act_id": 353,
"details": "23. (1) No person shall transport an antiquity from one place in Bangladesh to another with the object of exporting it in contravention of section 22. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both. (3) The Court trying an offence under sub-section (2) may direct that any antiquity in respect of which the offence has been committed shall be forfeited to the Government.",
"name": "Prohibition of movement of antiquity",
"related_acts": "",
"section_id": 23
},
{
"act_id": 353,
"details": "24. (1) If the Government is of the opinion that for the purpose of protecting or preserving any immovable antiquity it is necessary so to do, it may, by notification in the official Gazette, prohibit or restrict, within such area as may be specified therein, mining, quarrying, excavating, blasting and other operations of a like nature, or the movement of heavy vehicles, except under and in accordance with the terms of a licence granted and rules, if any, made in this behalf. (2) Any owner or occupier of land who sustains any loss by reason of any prohibition or restriction by a notification under sub-section (1) shall be paid reasonable compensation for such loss. (3) Whoever 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": "Regulation of mining and quarrying",
"related_acts": "",
"section_id": 24
},
{
"act_id": 353,
"details": "25. (1) No person shall make on any land any excavation for archaeological purposes except under and in accordance with a licence granted by the Director. (2) A licence under sub-section (1) in respect of any land shall not be granted to any person other than the owner of the land except in accordance with the terms of an agreement with the owner, and any such agreement may provide for - (a)\tthe restriction of the owner's rights in respect of the use and occupation of such land; (b) \tthe compensation or any other consideration to be paid to the owner; and (c)\tany other matter connected with the use of the land for the purpose of such excavation. (3) A licence under sub-section (1) shall not be refused to an owner if he undertakes to carry on the excavation in such manner that it will not result in the loss of archaeological or historical material which in the national interest should be preserved. (4) Whoever 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. (5) The Court trying an offence under sub-section (4) may direct that any object found in the course of an excavation constituting such offence shall be forfeited to the Government.",
"name": "Prohibition of archaeological excavation without licence",
"related_acts": "",
"section_id": 25
},
{
"act_id": 353,
"details": "26. No person shall, for any commercial purpose, make a cinematograph film of any protected antiquity or any part thereof except under and in accordance with a licence granted by the Director.",
"name": "Prohibition of making copies of protected antiquities without licence",
"related_acts": "",
"section_id": 26
},
{
"act_id": 353,
"details": "27. Subject to the provisions of this Act and the rules made thereunder, the public shall have a right of access to any immovable protected antiquity maintained by the Government under this Act.",
"name": "Right of access to protected immovable antiquities",
"related_acts": "",
"section_id": 27
},
{
"act_id": 353,
"details": "28. No Court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by an officer generally or specially empowered in this behalf by the Government and no Court inferior to that of a Sessions Judge shall try any such offence.",
"name": "Jurisdiction to try offences",
"related_acts": "",
"section_id": 28
},
{
"act_id": 353,
"details": "29. Any antiquity which is confiscated or forfeited under this Act shall be made over to the Director for custody, preservation and protection.",
"name": "Confiscated antiquates to be made over to Director",
"related_acts": "",
"section_id": 29
},
{
"act_id": 353,
"details": "30. No suit, prosecution or other legal proceeding shall lie against the Government or any person for anything which is in good faith done or intended to be done under this Act.",
"name": "Indemnity",
"related_acts": "",
"section_id": 30
},
{
"act_id": 353,
"details": "31. (1) The Government may, after previous publication, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for- (a)\tthe form and the conditions of any licence granted under this Act; (b) \tregulation of admission of public to any immovable protected antiquity; (c) \tthe levy of fees for the grant of any licence under this Act and for admission of the public to an immovable protected antiquity; and (d) \tsuch other matters as are or may be required for carrying into effect the provisions of this Act. (3) The rules made under this section may provide that the contravention of any of the provisions thereof or of any condition of a licence granted under this Act shall be punishable with fine which may extend to five hundred Taka.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 31
},
{
"act_id": 353,
"details": "32. Repeal.- Omitted by section 9 of the Antiquities (Amendment) Ordinance, 1976 (Ordinance No. LXXIII of 1976).",
"name": "Omitted.",
"related_acts": "",
"section_id": 32
}
],
"text": "An Act to consolidate and amend the law relating to the preservation and protection of antiquities. 1♣ WHEREAS it is expedient to consolidate and amend the law relating to the preservation and protection of antiquities; AND WHEREAS the national interest of Bangladesh in relation to the achievement of uniformity within the meaning of clause (2) of Article 131 of the Constitution requires Central legislation in the matter; It is hereby enacted as follows:-"
} |
{
"id": 355,
"lower_text": [
"1 The words “regulations of capital markets and issue” were substituted for the words “regulations of markets” by section 3 of the Securities and Exchange (Amendment) Act, 1993 (Act No. XVI of 1993)",
"2 Second paragraph of preamble was omitted by section 2 of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"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) as amended by the Bangladesh Laws (Revision and Declaration) (Third Amendment) Act, 2001 (Act No. XLVIII of 2001)",
"4 Clause (b) was substituted by section 3(a) of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"5 Clause (cc) was substituted by section 3(b) of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"6 Clause (ccc) and (cccc) were inserted after clause (cc) by section 3(c) of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"7 The words “jobber or dealer” were substituted for the word “jobber” by section 3(d) of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"8 The words “or dealer” were inserted after the word “jobber” by section 3(e) of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"9 Sub-clause (v) was omitted by section 4 of the Securities and Exchange (Amendment) Act, 1993 (Act No. XVI of 1993)",
"10 The words “but does not include a bank or an insurance company or a corporation which is a member of a Stock Exchange” were omitted by section 4 of the Securities and Exchange (Amendment) Act, 1993 (Act No. XVI of 1993)",
"11 Clause (ff) was inserted by section 4 of the Securities and Exchange (Amendment) Act, 1993 (Act No. XVI of 1993)",
"12 The words “or dealer” were inserted after the word “jobber” by section 3(e) of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"13 Clause (l) was substituted by section 4 of the Securities and Exchange (Amendment) Act, 1993 (Act No. XVI of 1993)",
"14 The comma (,) was inserted after the words “investment contract” and thereafter the words, commas and hyphen “derivative, commodity futures contract, options contract, exchange-traded fund” were inserted by section 3(f) of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"15 The words and comma “No issuer, or no company” were substituted for the words “No company” by section 4(a) of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"16 The words and comma “No issuer, or no company” were substituted for the words “No company” by section 4(b) of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"17 Sub-section (4) was added after sub-section (3) by section 2 of the Securities and Exchange (Amendment) Act, 2000 (Act No. XXXVII of 2000).",
"18 Section 2B was substituted by section 3 of the Securities and Exchange (Amendment) Act, 2000 (Act No. XXXVII of 2000).",
"19 Section 2CC was inserted by section 2 of the Securities and Exchange (Amendment) Act, 1997 (Act No. VI of 1997)",
"20 Section 2G was added by section 3 of the Securities and Exchange (Amendment) Act, 1997 (Act No. VI of 1997)",
"21 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was inserted by section 5(a) of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"22 The words “jobber or dealer” were substituted for the word “dealer” by section 5(b) of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"23 The proviso was omitted by section 6 of the Securities and Exchange (Amendment) Act, 1993 (Act No. XVI of 1993)",
"24 The words “jobber or dealer” were substituted for the word “jobber” by section 5(c) of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"25 The word “thirty” was substituted for the word “fourteen” by section 6 of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"26 The word “fifteen” was substituted for the word “fourteen” by section 6 of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"27 Sections 19A and 19B were added by section 7 of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"28 Section 20A was inserted by section 4 of the Securities and Exchange (Amendment) Act, 2000 (Act No. XXXVII of 2000).",
"29 The words and comma “Notwithstanding anything contained in any other law for the time being in force, where” were substituted for the word “Where” by section 8 of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"30 The words “five per cent” were substituted for the words “ten percent” by section 7 of the Securities and Exchange (Amendment) Act, 1993 (Act No. XVI of 1993)",
"31 The words “who is directly or indirectly the beneficial owner of not less than ten per cent of a listed security” were omitted by section 9(a) of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"32 Sub-section (2) and (2a) were substituted for the section (2) by section 9(b) of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"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 Clause (5) was added by section 7 of the Securities and Exchange (Amendment) Act, 1993 (Act No. XVI of 1993)",
"35 The words “not less than one lakh taka” were substituted for the words \"not exceeding one lakh taka\" by section 5 of the Securities and Exchange (Amendment) Act, 2000 (Act No. XXXVII of 2000).",
"36 The words “ten thousand Taka” were substituted for the words “one thousand rupees” by section 8 of the Securities and Exchange (Amendment) Act, 1993 (Act No. XVI of 1993)",
"37 Section 22A was added by section 10 of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"38 The words and commas “five years, or with fine which may extend to five lakh Taka,” were substituted for the words and comma “three years, or with fine which may extend to ten thousand rupees,” by section 9 of the Securities and Exchange (Amendment) Act, 1993 (Act No. XVI of 1993)",
"39 The words “which shall not be less than five lakh taka” were substituted for the words \"which may extend to five lakh taka\" by section 6 of the Securities and Exchange (Amendment) Act, 2000 (Act No. XXXVII of 2000).",
"40 Section 25A was inserted by section 10 of the Securities and Exchange (Amendment) Act, 1993 (Act No. XVI of 1993)",
"41 Section 25B was added by section 11 of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"42 Section 32A was added by section 12 of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012).",
"43 Section 33 was substituted by section 7 of the Securities and Exchange (Amendment) Act, 2000 (Act No. XXXVII of 2000).",
"44 The words “jobber or dealer” were substituted for the word “jobber” by section 13 of the Securities and Exchange (Amendment) Act, 2012 (Act No. XLVI of 2012)."
],
"name": "The Securities and Exchange Ordinance, 1969",
"num_of_sections": 50,
"published_date": "28th June, 1969",
"related_act": [
355,
388,
75,
46,
430,
48,
788,
86,
118,
26
],
"repelled": false,
"sections": [
{
"act_id": 355,
"details": "1. (1) This Ordinance may be called the Securities and Exchange Ordinance, 1969. (2) It extends to the whole of 3Bangladesh. (3) It shall come into force on such date as the Commission may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "355",
"section_id": 1
},
{
"act_id": 355,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“associate” means any partner, employee, officer or director of a member; 4(b) “bank” means a banking company as defined in the Banking Companies Act, 1991 (Act No. XIV of 1991) (c)\t“broker” means any person engaged in the business of effecting transactions in securities for the account of others; 5(cc) “Commission” means the Securities and Exchange Commission constituted under the Securities and Exchange Commission Act, 1993 (Act No. 15 of 1993) 6(ccc) \t“Commodity Futures Contract” means an agreement to purchase or sell a particular commodity for delivery or settlement in the future at a price to be determined by a contract that obligates each party to fulfill the contract at the specified price and that may be settled by delivery, cash or offset at the Commodity Exchange duly registered with the Commission and in relation to Commodity Futures the expression “commodity” includes,- (i) \tagricultural, livestock, fishery, forestry, mining or energy goods, and any product that is manufactured or processed from any such goods; and (ii) \tany other matter as may be notified by the Commission in the official gazette; (cccc) “derivative” includesÔÇö (i)\ta security derived from a debt instrument, share, loan, whether secured or unsecured, risk instrument or contract for differences or any other form of security; (ii) \ta contract which derives its value from the prices, or index of prices, of underlying securities; (d)\t“equity security” means any stock or transferable share (preferred or common) or similar security representing ownership; any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security; any such warrant or right itself ; and such other security as may be prescribed; (e)\t“investment adviser” includes a person who is, for compensation, engaged in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities, but does not include- (i) \ta bank; (ii)\tany lawyer, accountant, engineer or teacher whose performance of such services is solely incidental to the practice of his profession; (iii)\tany broker, 7jobber or dealer, member or associate whose performance of such services is solely incidental to the conduct of his business as a broker, 8jobber or dealer, member or associate and who receives no separate compensation therefore; (iv)\tthe publisher of any newspaper, news magazine, or other publication of general and regular circulation; or 9* * * (f )\t“investment company” means a company engaged principally or wholly in buying and selling securities of other companies and includes a company eighty per cent of whose paid up capital is employed at any one time as investment in other companies, 10* * *; 11(ff) \t“issue of capital” means the issuing of any securities whether for cash or otherwise; (g)\t“issuer” means any person who has issued or proposes to issue any security; (h)\t“jobber” 12or dealer means any person engaged in the business of effecting transactions in securities for his own account, through a broker or otherwise, but does not include any person who trades in securities for his own account, either individually or in some fiduciary capacity, otherwise than as a part of a regular business; (i)\t“member” means a member of a Stock Exchange; (j)\t“person” includes a Hindu undivided family, a firm, an association or body of individuals, whether incorporated or not, a company and every other artificial juridical person; (k)\t“prescribed” means prescribed by rules made under this Ordinance; 13(l)\t“securities” means any of the following instruments issued or to be issued, by or for the benefit of a company, whether incorporated in Bangladesh or not, namely:- (i)\tany Government security as defined in the Securities Act, 1920 (X of 1920); and (ii)\tother instruments creating a charge or lien on the assets of the company; and (iii)\tinstruments acknowledging loan to or indebtedness of the company and guaranteed by a third party or entered into jointly with a third party, and includes any stock, transferable share, script, note, debenture, debentures stock, bond, investment contract 14, derivative, commodity futures contract, options contract, exchange-traded fund and pre-organisation certificate or subscription, and, in general, any interest or instrument commonly known as a “security”; and, any certificate of deposit for, certificate of interest or participation in, temporary or interim certificate for, receipt for, or any warrant or right to subscribe to or purchase, any of the foregoing, but does not include currency or any note, draft, bill of exchange or banker's acceptance or any note which has a maturity, at the time of issuance, or not more than twelve months, exclusive of days of grace, or any renewal thereof whose maturity is likewise limited; (m)\t“Stock Exchange” means any person who maintains or provides a market place or facilities for bringing together buyers and sellers of securities or for otherwise performing with respect to securities the functions commonly performed by a Stock Exchange, as that term is generally understood, and includes such market place and facilities.",
"name": "Definitions",
"related_acts": "118",
"section_id": 2
},
{
"act_id": 355,
"details": "2A. (1) 15No issuer, or no company incorporated in Bangladesh shall, except with the consent of the Commission, make an issue of capital outside Bangladesh. \t(2) 16No issuer, or no company, whether incorporated in Bangladesh or not, shall, except with the consent of the Commission,- (a)\tmake an issue of capital in Bangladesh; (b)\tmake in Bangladesh any public offer of securities for sale; (c)\trenew or postpone the date of maturity or repayment of any security maturing for payment in Bangladesh. \t(3) The Commission may, on an application made to it, make an order according recognition to an issue of capital made or to be made outside Bangladesh. 17(4) While giving consent under sub-section (1) & (2) commission shall not fix the price of the issue.",
"name": "Control over issue of capital",
"related_acts": "",
"section_id": 3
},
{
"act_id": 355,
"details": "182B. (1) Every prospectus or other document offering for subscription or publicly offering for sale any securities shall, before its issuance, be submitted to the commission for its examination, in such form and manner and containing such information as may be prescribed , and such prospectus or other document shall be issued only after the commission permits its issuance on being satisfied that it has complied with all the requirements of this Ordinance or the rules and of any other law relating thereto: Provided that the consent of the commission to the issue or offer of the securities shall not absolve the responsibility of the issuer for the merit and accuracy of the offering. (2)\t No person shall issue in Bangladesh any prospectus or other document offering for subscription or publicly offering for sale any securities which does not include a statement that - (a) Its issuance has beer permitted by the commission ;and (b) the consent of the commission has been obtained to the issue or offer of the securities.",
"name": "Control over prospectus and other documents .",
"related_acts": "",
"section_id": 4
},
{
"act_id": 355,
"details": "19 2CC. Notwithstanding anything contained in কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮নং আইন) or in any other law for the time being in force, or in any contract or any Memorandum and Articles of Association of any company, any consent or recognition accorded under section 2A, section 2B or section 2C, whether before or after the commencement of this section, shall be subject to such conditions, if any, as the Commission may, from time to time, think fit to impose.",
"name": "Power to impose conditions",
"related_acts": "788",
"section_id": 5
},
{
"act_id": 355,
"details": "2D. (1) The Commission may, by general order which shall be notified in the official Gazette, provide for the granting of exemption from all or any of the provisions of sections 2A, 2B and 2C. (2) The Commission may, by order, condone a contravention of any of the provisions of section 2A or section 2B and on the making of such order the provisions of this Ordinance shall have effect as if an exemption had been granted under sub-section (1) of this section in respect of the thing done or omitted to be done in contravention of section 2A or section 2B, as the case may be.",
"name": "Power to exempt and to condone contraventions",
"related_acts": "",
"section_id": 6
},
{
"act_id": 355,
"details": "2E. Any officer authorised in this behalf by the Commission may, for the purpose of inquiring into the correctness of any statement made in an application for consent or recognition to an issue of capital or for the purpose of ascertaining whether or not the requirements of any condition attached to a order according such consent or recognition have been complied with, require any company, or any officer of a company, which has made such application or obtained such order to submit to him such accounts, books or other documents or to furnish to him such information, as he may reasonably think necessary.",
"name": "Power to call for information",
"related_acts": "",
"section_id": 7
},
{
"act_id": 355,
"details": "2F. No person shall, when complying with any requisition under section 2E or when making any application for consent or recognition to an issue of capital, 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 information",
"related_acts": "",
"section_id": 8
},
{
"act_id": 355,
"details": "202G. All orders made or deemed to have been made under the Capital Issues (Continuance of Control) Act, 1947 (XXIX of 1947), and in force on the commencement of this section, shall continue to be in force and be deemed to be orders made under this Ordinance.",
"name": "Continuity of orders",
"related_acts": "",
"section_id": 9
},
{
"act_id": 355,
"details": "2C. No person shall accept or give any consideration for any securities in respect of an issue of capital made or proposed to be made in Bangladesh or elsewhere unless the consent or recognition of the Commission has been accorded to such issue of capital.",
"name": "Purchase of securities",
"related_acts": "",
"section_id": 10
},
{
"act_id": 355,
"details": "3. No Stock Exchange shall operate or carry on its functions, and no person shall use or utilise, for the purpose of any transaction or dealing in any security, the facilities or services of a Stock Exchange, unless such Stock Exchange is registered under this Ordinance.",
"name": "No Stock Exchange to operate without registration",
"related_acts": "",
"section_id": 11
},
{
"act_id": 355,
"details": "4. (1) Any Stock Exchange which fulfils such conditions or complies with such requirements as may be prescribed to ensure fair dealings and to protect investors shall be eligible for registration under this Ordinance. (2) The conditions or requirements which may be prescribed for the purposes of sub-section (1) may, among other matters, relate to- (a)\tqualifications for membership and admission, exclusion, suspension, expulsion and re-admission of members thereinto or therefrom; (b)\tconstitution and powers of the governing body and the powers and duties of the office bearers; (c)\trepresentation of the Commission on the governing body of a Stock Exchange or any of its Committees; (d) \tthe manner in which business should be transacted including restrictions on the business of the members; (e)\tMemorandum and Articles of Association, rules, regulations and bye-laws of a Stock Exchange; and (f) \tthe maintenance of accounts, including those of members, and their audit.",
"name": "Eligibility for registration",
"related_acts": "",
"section_id": 12
},
{
"act_id": 355,
"details": "5. (1) Any Stock Exchange which is eligible for registration under section 4 may, in such form and manner as may be prescribed, apply to the Commission for registration. (2) The Commission, if it is satisfied, after such inquiry and after obtaining such further information as it may consider necessary,- (i) \tthat the Stock Exchange is eligible for registration; and (ii)\tthat it would be in the interest of the trade and also in the public interest to register the Stock Exchange; may grant a certificate of registration to the Stock Exchange. (3) No application for registration shall be refused except after giving the applicant an opportunity of being heard.",
"name": "Registration",
"related_acts": "",
"section_id": 13
},
{
"act_id": 355,
"details": "6. (1) Every Stock Exchange and every director, officer and member thereof shall prepare and maintain such books of accounts and other documents in such manner as may be prescribed; and every such book of accounts or document shall be subject to inspection at all reasonable times by any person authorised by the Commission in this behalf. (2) Every Stock Exchange shall submit to the Commission, in such manner and containing such particulars as may be prescribed, an annual report and periodical returns relating to its affairs. (3) Without prejudice to the provisions of sub-section (1) and sub-section (2), every Stock Exchange and every director, officer or member thereof shall furnish such documents, information or explanation relating to the affairs of the Stock Exchange or, as the case may be, relating to the business on the Stock Exchange of such director, officer or member as the Commission may, at any time, by order in writing require.",
"name": "Accounts, annual reports, returns, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 355,
"details": "7. (1) Where the Commission is of opinion that Stock Exchange or any member, director or officer of a Stock Exchange has contravened any provision, or has otherwise neglected or failed to comply with any requirement, of this Ordinance, or of any rule, regulation or direction made or given thereunder, the Commission may, if it considers it necessary for the protection of investors or to ensure fair dealings or fair administration of the Stock Exchange so to do, by order in writing,- (a) \tsuspend for such period as may be specified in the order the transaction of any business on the Stock Exchange; (b) \tcancel the registration of the Stock Exchange; (c)\tsupersede the governing body or other authority of the Stock Exchange; (d) \tremove the director, officer or member from his office in, or membership of, the Stock Exchange: Provided that no such order shall be made except after giving the governing body or other authority or, as the case may be, the director, officer or member, an opportunity of being heard. (2) An order made under clause (c) or clause (d) of sub-section (1) may also direct that the functions of the governing body or other authority which has been superseded or of the director or officer who has been removed shall be performed by such authority or person as may be specified therein. (3) An order under sub-section (1) shall have effect notwithstanding anything contained in any other law for the time being in force or in any Memorandum or Articles of Association: Provided that no order made under clause (a) or clause (b) of sub-section (1) shall affect the validity of any contract lawfully entered into before the date of such order.",
"name": "Cancellation of registration, etc.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 355,
"details": "8. (1) No person shall transact any business in securities on any Stock Exchange unless he is a member thereof. (2) No business shall be transacted on a Stock Exchange in a security, other than a Government security or a bonus entitlement voucher, which is not listed on such Stock Exchange 21: Provided that business of security which is de-listed or not listed may be transacted in such manner as the Commission may direct. (3) No person shall act as a 22jobber or dealer in a security listed on a Stock Exchange outside such Stock Exchange: 23* * * (4) No person other than a member shall act as a broker or a 24jobber or dealer for any security not listed on a Stock Exchange: Provided that the prohibition in this sub-section shall not apply to discounting of any security evidencing a loan.",
"name": "Restriction on dealings in securities",
"related_acts": "",
"section_id": 16
},
{
"act_id": 355,
"details": "9. (1) An issuer who intends to get any of his securities listed on a Stock Exchange shall submit an application therefore, in the prescribed form to the Stock Exchange and submit a copy of the application to the Commission.\tListing of securities (2) Upon receipt of an application under sub-section (1), the Stock Exchange may, if it is satisfied after making such inquiry as it may consider necessary that the applicant fulfils the conditions prescribed in this behalf, list the security for dealings on the Stock Exchange. (3) Where a Stock Exchange refuses to list a security, the Commission may, either on petition by the applicant made within the prescribed time or on its own motion, direct the Stock Exchange to list the security. (4) Where after the listing of a security, the Commission or Stock Exchange finds that the application is deficient in any material respect or that the issuer has failed to comply with any prescribed condition or requirement and that the continued listing of the security would not be in the public interest, the Commission or, as the case may be, the Stock Exchange may, by order, either require the issuer to correct the deficiency or comply with the prescribed condition or requirement within the time specified in the order or revoke the listing. (5) A listed security may be de-listed on application by the issuer to the Stock Exchange which may deny the application or grant it on such conditions as appear necessary or appropriate for the protection of investors. (6) Where a Stock Exchange refuses to de-list a security, the Commission may, on petition by the applicant made within the prescribed time, direct the Stock Exchange to de-list the security. (7) The Commission or a Stock Exchange may, if it considers it to be in the interest of trade or in the public interest so to do, suspend, by order recording the reasons, trading in any listed security. (8) An order under sub-section (7) shall remain in force for a period of 25thirty days which the Commission or, as the case may be, the Stock Exchange may extend for further periods not exceeding 26fifteen days at any time. (9) No application submitted under sub-section (1) shall be refused, and no listing shall be revoked under sub-section (4), unless the issuer has been given an opportunity of being heard.",
"name": "Listing of securities",
"related_acts": "",
"section_id": 17
},
{
"act_id": 355,
"details": "10. Where the Commission, having regard to the nature of, and the dealings in, any security, is of the opinion that it is necessary or expedient in the public interest so to do, it may, after consulting a Stock Exchange and giving the issuer of such security an opportunity of being heard, direct the Stock Exchange to list the security.",
"name": "Compulsory listing of securities",
"related_acts": "",
"section_id": 18
},
{
"act_id": 355,
"details": "11. (1) An issuer of a listed security shall furnish to the Stock Exchange, to the security holders and to the Commission an annual report of its affairs and such statements and other reports as may be prescribed. (2) Without prejudice to the provisions of sub-section (1), an issuer of a listed security shall furnish to the Commission such other documents, information or explanation relating to its affairs as the Commission may, at any time, by order in writing, require.",
"name": "Submission of returns",
"related_acts": "",
"section_id": 19
},
{
"act_id": 355,
"details": "12. Every director or officer of an issuer who is or has been the beneficial owner of any class of its listed equity securities and every person who is directly or indirectly the beneficial owner of more than ten per cent of any class of such securities shall submit to the Commission such returns pertaining to the beneficial ownership of such securities in such form and at such times or at such intervals as may be prescribed.",
"name": "Submission of statements of beneficial owners of listed equity securities",
"related_acts": "",
"section_id": 20
},
{
"act_id": 355,
"details": "13. No director or officer of an issuer of a listed equity security and no person who is directly or indirectly the beneficial owner of not less than ten per cent of such securities shall practise directly or indirectly short-selling such securities.",
"name": "Prohibition of short-selling",
"related_acts": "",
"section_id": 21
},
{
"act_id": 355,
"details": "14. (1) Where any director or officer of an issuer of a listed equity security or any person who is directly or indirectly the beneficial owner of not less than ten per cent of such securities makes any gain by the purchase and sale, or the sale and purchase, of any such security within a period of less than six months, such director or officer or beneficial owner shall make a report and tender the amount of such gain to the issuer: Provided that nothing in this sub-section shall apply to a security acquired in good faith in satisfaction of a debt previously contracted. (2) Where a director, officer or beneficial owner fails or neglects to tender, or the issuer fails to recover, any such gain as is mentioned in sub-section (1) within a period of six months after its accrual, or within sixty days of a demand therefore, whichever is later, such gain shall vest in the Commission which may recover the same as an arrear of land revenue.",
"name": "Trading by directors, officers and principal share-holders",
"related_acts": "",
"section_id": 22
},
{
"act_id": 355,
"details": "15. Notwithstanding anything contained in the Companies Act, 1913 or in the Memorandum or Articles of Association of the issuer of a listed security, the Commission may regulate the solicitation of any proxy, consent or authorisation pertaining to the securities of such issuer in such manner as may be prescribed.",
"name": "Regulation of proxies",
"related_acts": "",
"section_id": 23
},
{
"act_id": 355,
"details": "16. No member or associate shall, in contravention of any rules made under this Ordinance, directly or indirectly,- (a)\textend or maintain credit, or arrange for the extension or maintenance of credit, to or for any person for the purpose of purchasing or carrying any security; or (b)\tborrow on any security or land or arrange for the lending of any security carried for the account of a customer; or (c)\thypothecate or arrange for the hypothecation of any security carried for the account of any customer.",
"name": "Credit, hypothecation and lending of customers’ securities",
"related_acts": "",
"section_id": 24
},
{
"act_id": 355,
"details": "17. No person shall, for the purpose of inducing, dissuading, effecting, preventing or in any manner influencing or turning to his advantage, the sale or purchase of any security, directly or indirectly,- (a)\temploy any device, scheme or artifice, or engage in any act, practice or course of business, which operates or is intended or calculated to operate as a fraud or deceit upon any person; or (b) \tmake any suggestion or statement as a fact of that which he does not believe to be true; or (c) \tomit to state or actively conceal a fact having knowledge or belief of such fact; or (d)\tinduce any person by deceiving him to do or omit to do anything which he would not do or omit if he were not so deceived; or (e)\tdo any act or practice or engage in a course of business, or omit to do any act which operates or would operate as a fraud, deceit or manipulation upon any person, in particular- (i)\tmake any fictitious quotation; (ii) \tcreate a false and misleading appearance of active trading in any security; (iii)\teffect any transaction in such security which involves no change in its beneficial ownership; (iv)\tenter into an order or orders for the purchase and sale of security which will ultimately cancel out each other and will not result in any change in the beneficial ownership of such security; (v) \tdirectly or indirectly effect a series of transactions in any security creating the appearance of active trading therein or of raising of price for the purpose of inducing its purchase by others or depressing its price for the purpose of inducing its sale by others; (vi)\tdirectly or indirectly effect a series of transactions in any security creating the appearance of active trading therein or of raising of price for the purpose of inducing its purchase by others or depressing its price for the purpose of inducing its sale by others; (vii)\tbeing a director or an officer of the issuer of a listed equity security or a beneficial owner of not less than ten per cent of such security who is in possession of material facts omit to disclose any such facts while buying or selling such security.",
"name": "Prohibition of fraudulent acts, etc.",
"related_acts": "",
"section_id": 25
},
{
"act_id": 355,
"details": "18. No person shall, in any document, paper, accounts, information or explanation which he is, by or under this Ordinance, required to furnish, or in any application made under this Ordinance, make any statement or give any information which he knows or has reasonable cause to believe to be false or incorrect in any material particular.",
"name": "Prohibition of false statements, etc.",
"related_acts": "",
"section_id": 26
},
{
"act_id": 355,
"details": "19. No person shall, except with the permission of the Commission, communicate or otherwise disclose to any person not legally entitled thereto any information which has been entrusted to him or which he has obtained or to which he had access in the course of the performance of any functions under this Ordinance.",
"name": "Maintenance of secrecy",
"related_acts": "",
"section_id": 27
},
{
"act_id": 355,
"details": "2719A. The existing and former Chairman, Member and employee of the Commission shall not disclose or communicate to any person not legally entitled thereto any information which has been entrusted to him or which he has obtained or to which he had access in the course of the performance of any functions under this Ordinance.",
"name": "Maintenance of secrecy by the the Commission, etc.",
"related_acts": "",
"section_id": 28
},
{
"act_id": 355,
"details": "19B. (1) The disclosure of any information in contravention of section 19 or 19A for the purpose of making profit through insider trading shall be an offence. (2) Whoever contravenes sub-section (1) shall be punishable with imprisonment for a term which may extend to five years, or with fine not less than taka five lakh, or with both.",
"name": "Penalty for disclosure of information.",
"related_acts": "",
"section_id": 29
},
{
"act_id": 355,
"details": "20. (1) Where the Commission is of opinion that any person is engaged or is about to be engaged in any act or practice which constitutes or is calculated to constitute a contravention of the provisions of this Ordinance or of any rules made thereunder, or that any person has neglected, or is not likely, to do an act the omission or failure to do which constitutes such contravention, it may, by order in writing, direct such person to abstain from doing the act or committing the practice which constitutes or is calculated to constitute such contravention, or to do the act, the omission or failure to do which constitutes such contravention. (2) Every person to whom a direction under sub-section (1) is given shall comply therewith in such manner, if any, and within such time, as may be specified therein.",
"name": "Prohibitory orders",
"related_acts": "",
"section_id": 30
},
{
"act_id": 355,
"details": "2820A. 29Notwithstanding anything contained in any other law for the time being in force, where the commission is satisfied that in the interest of investors or securities market or for the development of securities market it is necessary so to do, it may, by order in writing, issue such directions as it deems fit to any Stock Exchange, stock broker, stock dealer, issuer or investor or any other person associated with the capital market.",
"name": "Power of commission to issue directions in certain cases.",
"related_acts": "",
"section_id": 31
},
{
"act_id": 355,
"details": "21. (1) The Commission may, on its own motion or, in the case of the issuer of a listed security, on representation of holders of not less than 30five per cent of equity securities at any time by order in writing, cause an enquiry to be made by any person appointed in this behalf into- (a)\tthe affairs of any Stock Exchange, or of any issuer of a listed security; or (b)\tthe business or any transaction in securities by any member, director or officer of a Stock Exchange or of an issuer, or of a director or an officer thereof, or by any person 31***. 32(2) Where an enquiry under sub-section (1) has been undertaken, every member, director, manager or other officers of the Stock Exchange or the issuer to which or to whose member, director, auditor or officer of the enquiry relates, an insurance company as defined in the Insurance Act, 2010, a bank, a financial institution as defined in the Financial Institutions Act, 1993, and every other person considered by the person conducting the enquiry to be capable of providing information which is, or may be relevant to that enquiry, shall furnish such information as the person conducting the enquiry may require. (2a) Notwithstanding anything contained in any other law for the time being in force in conducting enquiry under sub-section (1), the Commission, keeping the Bangladesh Bank informed, may seek information regarding bank account from any bank, or any financial institution or organization, as the case may be, so far as it relates to the transaction of security. (3) The person conducting an enquiry under sub-section (1) may, for the purpose of such enquiry, enter into any premises belonging to or in the occupation of the Stock Exchange or the issuer or of the person to whom the enquiry relates, and call for and inspect and seize books of accounts or documents in the possession of any such Stock Exchange, issuer or person. (4) The person holding an enquiry under sub-section (1) shall, for the purpose of such enquiry have the same powers as are vested in a Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely:- (a)\tenforcing the attendance of a person and examining him on oath or affirmation; (b) \tcompelling the production of documents; (c) \tissuing commissions for the examination of witnesses; and any proceedings before such person shall be deemed to be “judicial proceeding” within the meaning of sections 193 and 228 of the 33* * * Penal Code (Act XLV of 1860). 34(5) The Commission may recover any expense incurred for an enquiry under this section from the person or the institution against whose affairs, business or transaction, as the case may be, the enquiry was conducted or, where the Commission considers it to be appropriate, from the holders of securities making the representation.",
"name": "Enquiry",
"related_acts": "86",
"section_id": 32
},
{
"act_id": 355,
"details": "22. (1) If any person- (a)\trefuses or fails to furnish any document, paper or information which he is required to furnish by or under this Ordinance; or (b) \trefuses or fails to comply with any order or direction of the Commission made or issued under this Ordinance; or (c)\tcontravenes or otherwise fails to comply with the provisions of this Ordinance; the Commission may, if it is satisfied after giving the person an opportunity of being heard that the refusal, failure or contravention was wilful, by order direct that such person shall pay to the Commission by way of penalty such sum 35not less than one lakh taka as may be specified in the order and, in the case of a continuing default, a further sum calculated at the rate of 36ten thousand Taka for every day after the issue of such order during which the refusal, failure or contravention continues. (2) Any sum directed to be paid under sub-section (1) shall be recoverable as an arrear of land revenue. (3) No prosecution for an offence against this Ordinance shall be instituted in respect of the same facts on which a penalty has been imposed under this section.",
"name": "Penalty for certain refusal or failure",
"related_acts": "",
"section_id": 33
},
{
"act_id": 355,
"details": "3722A. Notwithstanding anything contained in any other law for the time being in force, no legal proceeding before any Court can be brought challenging an order of penalty imposed by the Commission unless an amount of 15% (fifteen percent) of such penalty is deposited in the Commission.",
"name": "Restriction in respect of filing of suit.",
"related_acts": "",
"section_id": 34
},
{
"act_id": 355,
"details": "23. (1) Every contract made in contravention of any provision of this Ordinance or any rule made thereunder shall be voidable as regards the rights of any party to the contract contravening such provision or any person not being a party to the contract who acquires any right under the contract with actual knowledge of the facts by reason of which its making or performance was in such contravention and any person affected by such contract not being himself a party to the contravention may sue to rescind any such contract to the extent it has been consummated, or for damages when rescission is not possible. (2) Any person who makes or causes to be made, in any application, report, or document filed with the Commission or a Stock Exchange pursuant to this Ordinance or any rule made thereunder, any statement which was false or misleading with respect to any material fact, at the time and in the light of the circumstances under which it was made, shall be liable to any person who has purchased or sold a security in reliance on such statement for damages caused by such reliance, without regard to the presence or absence of any contractual relationship between the two, unless the person who made or caused to be made the application, report or document proves that he acted in good faith and had no knowledge or reasonable ground to believe that the statement was false or misleading. (3) Any person who participates in any act or transaction in contravention of section 17 shall be liable to any person who has purchased or sold a security in reliance on such act or transaction for damages caused by such reliance, without regard to the presence or absence of any contractual relationship between the two, unless the person so contravening proves that he acted in good faith and had no knowledge or reasonable ground to believe that there was any fraud, untruth or omission. (4) Every person who directly or indirectly exercises control over the affairs of any person liable under this section shall also be liable to the same extent as the person whose affairs are so controlled, unless he proves that he acted in good faith and did not directly or indirectly induce the act or acts giving rise to the cause of action. (5) Liability under this section shall be joint and several, and every person who becomes liable may recover contribution as in cases of contract from any person who, if joined in the original suit, would have been liable to make the same payment, unless the plaintiff was, and the defendant was not, guilty of fraudulent misrepresentation. (6) No suit for the enforcement of any right or remedy provided for in this section shall lie after the expiry of three years from the date of the accrual of the cause of action. (7) The rights and remedies provided by this Ordinance shall be in addition to any other rights and remedies available under any other law for the time being in force.",
"name": "Civil liabilities",
"related_acts": "",
"section_id": 35
},
{
"act_id": 355,
"details": "24. (1) Whoever contravenes the provisions of section 17 shall be punishable with imprisonment for a term which may extend to 38five years, or with fine 39which shall not be less than five lakh taka, or with both. (2) Where the person guilty of an offence referred to in sub-section (1) is a company or other body corporate, every director, manager or other officer responsible for the conduct of its affairs shall, unless he proves that the offence was committed without his knowledge or that he exercised all diligence to prevent its commission, be deemed to be guilty of the offence.",
"name": "Penalty",
"related_acts": "",
"section_id": 36
},
{
"act_id": 355,
"details": "25. No Court shall take cognizance of any offence punishable under this Ordinance except on a report in writing of the facts constituting the offence by an officer authorised in this behalf by the Commission; and no Court inferior to that of a Court of Session shall try any such offence.",
"name": "Cognizance of offence",
"related_acts": "",
"section_id": 37
},
{
"act_id": 355,
"details": "4025A. Where any person is prosecuted for contravention of any provision of this Ordinance or of any order made thereunder which prohibits him from doing any act without the consent or permission of the authority, the burden of proving that he had not contravened the provision or, as the case may be, the order shall lie on him.",
"name": "Burden of Proof",
"related_acts": "",
"section_id": 38
},
{
"act_id": 355,
"details": "4125B. (1) For the purpose of this Ordinance, the Government may, by notification in the official gazette, establish one or more Special Tribunal. (2) A Special Tribunal shall consist of a Sessions Judge or Additional Sessions Judge, who shall be appointed by the Government and shall have all the powers conferred by the Code of Criminal Procedure, 1898 (Act No. V of 1898), on a Court of Sessions exercising original jurisdiction. (3) The Court of Sessions may, of its own, or upon an application made by the Commission, transfer at any stage of the trial, any case from his Court to another Special Tribunal. (4) The Special Tribunal shall try the case from such stage wherefrom the case was so transferred.",
"name": "Power to establish Special Tribunal.",
"related_acts": "75",
"section_id": 39
},
{
"act_id": 355,
"details": "26. (1) Any order passed or made under this Ordinance by an officer or authority subordinate to the Commission or exercising powers of the Commission in pursuance of a direction under section 28 shall be subject to revision by the Commission upon application being made by any aggrieved person within ninety days from the date of such order; and the Commission's order in revision shall be final. (2) The Commission may, upon an application being made to it within a period of six months from the date of any order passed by it otherwise than in revision under sub-section (1) or on its own motion, review such order; and the Commission's order in review shall be final.",
"name": "Revision and review",
"related_acts": "",
"section_id": 40
},
{
"act_id": 355,
"details": "27. The Commission may, for the purpose of obtaining advice and assistance in carrying out the purposes of this Ordinance, constitute an Advisory Committee consisting of such persons representing interests affected by this Ordinance or having special knowledge of the subject-matter thereof as it may think fit.",
"name": "Advisory Committee",
"related_acts": "",
"section_id": 41
},
{
"act_id": 355,
"details": "28. The Commission may, by notification in the official Gazette, direct that all or any of its powers and functions under this Ordinance may, subject to such limitations, restrictions or conditions, if any, as it may from time to time impose, be exercised or performed also by any officer or authority subordinate to it or specially appointed for the purpose.",
"name": "Delegation of power",
"related_acts": "",
"section_id": 42
},
{
"act_id": 355,
"details": "29. The Commission may, by notification in the official Gazette, exempt any person or class of persons or any security or class of securities or any transaction or class of transactions from the operation of all or any of the provisions of this Ordinance.",
"name": "Exemption",
"related_acts": "",
"section_id": 43
},
{
"act_id": 355,
"details": "30. No suit, prosecution or other legal proceedings shall lie against the Commission or an officer or authority subordinate to it or specially appointed for the purpose of this Ordinance for anything which is in good faith done or intended to be done under this Ordinance or any rules or orders made thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 44
},
{
"act_id": 355,
"details": "31. (1) A person who, without fraud and for a lawful consideration, becomes the possessor of a certificate of an equity security, scrip, debenture, debenture stock or bond, and who is without notice that the title of the person from whom he derived his own title was defective shall hold such certificate and all rights attached thereto free from any defect of title of prior parties and free from defences available to prior parties among themselves. (2) A Stock Exchange may regulate the documentation, procedures and guarantees required to transfer property in securities and the effects thereof on the respective rights and liabilities of the parties and such regulations, if approved by the Commission, shall constitute binding and enforceable terms and conditions of contracts effected on the exchange, shall govern the rights and liabilities of the parties thereto, and shall govern the rights and liabilities with respect to transfers of shares on its books of the issuer of listed securities notwithstanding any provisions to the contrary contained in the Contract Act, 1872, the Negotiable Instruments Act, 1881, the Transfer of Property Act, 1882, or the Companies Act, 1913, or any other law for the time being in force.",
"name": "Securities acquired in good faith",
"related_acts": "26,46,48",
"section_id": 45
},
{
"act_id": 355,
"details": "32. The business of investment advisers and investment companies shall be regulated in such manner as may be prescribed.",
"name": "Regulation of business of investment advisers and investment companies",
"related_acts": "",
"section_id": 46
},
{
"act_id": 355,
"details": "4232A. The business of Commodity Futures Contract or Options Contract, in the Commodity Exchange, shall be regulated in such manner and on payment of such fees and charges as may be prescribed. Explanation: For the purpose of this section, “Commodity Exchange” means a company that provides or, proposes to provide, the physical facilities necessary for trading in Commodity Futures Contract or Options Contract.",
"name": "Regulation of business of Commodity Futures Contract, etc.",
"related_acts": "",
"section_id": 47
},
{
"act_id": 355,
"details": "4333. (1) The commission may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance: Provided that before the publication of the notification in the official Gazette, the proposed rules shall be published in at least one Bangla and one English widely circulated daily newspapers of the country inviting opinion, advice or objection thereon of all persons concerned: Provided further that, at least two weeks time shall be allowed for submission of such opinion, advice or objection . (2) If in any special case it is considered not appropriate in the public interest to inviting opinion, advice or objection of persons concerned under sub-section (1), The commission may, in consultation with the Government and by notifications in the official Gazette, make the concerned rules. (3) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) any of the matters which are to be or may be prescribed for the purpose of clause (d) of section 2 and sections, 4,5,6,9,11,12,15,16 and 32; and (b) any of the matters with respect to which a Stock Exchange may make regulations.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 48
},
{
"act_id": 355,
"details": "34. (1) A Stock Exchange may, subject to the previous approval of the Commission, make regulations not inconsistent with the rules to carry out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:- (i) \tconstitution, powers and functions of the governing body of the Stock Exchange; (ii) \tqualifications for membership of the Stock Exchange; admission, suspension and expulsion of members, disciplinary matters, including punishment of the members; (iii) \tclassification of members into categories with regard to- (a) \twhether they are or are not active in dealings on the Stock Exchange; (b) \twhether they have or have not a place of business in the city where the Stock Exchange is located; and (c) \twhether a substantial part of their business is in listed or unlisted securities; (iv) \ta member's financial responsibility whether by way of minimum capital or a ratio between net capital or aggregate indebtedness, or both; (v)\tregulation of dealing by members for their own account; method of soliciting business by members; manner of maintaining books of accounts and financial reports by members; (vi)\t methods of selection of officers and committees to ensure a fair representation of the membership; (vii)\t qualifications and functions of the directors, officers and other functionaries of the Stock Exchange; disciplinary matters, including punishment of the directors, officers and functionaries; (viii) \tlisting and delisting of securities; (ix) the procedure for registration of an issuer and particulars to be furnished for the purpose; (x) \tregulation of days and hours of trading in securities, suspension of trading; (xi) types of contracts and settlements in the Stock Exchange and regulation of contracts generally, including the consequences of default or insolvency; confirmation of contracts; (xii)\tregulation of forward trading, badlas and carry-over facilities in relation to transactions and securities; (xiii) \tmanner of making and publishing quotations, fixing of trade units and differentials and publication of transactions both individually and by volume; (xiv) \tsetting up of a clearing house in relation to transactions in securities; (xv) regulation of fictitious and numbered accounts; blank transfers, sort sales, options, odd lots and margins, in relation to transactions and securities; (xvi) \tlending and hypothecation of customers' securities; (xvii) \tregulation of brokerage and other charges, including fixation of minimum commission; (xviii) \tseparation of the functions of broker and 44jobber or dealer; (xix) procedure for the settlement of claims or disputes, including arbitration; and (xx)\tany other matter for which a regulation is required to be or may be made. (3) All regulations made under this section shall be published in the official Gazette and shall take effect upon such publication. (4) Where the Commission considers it expedient so to do, it may, by order in writing, direct a Stock Exchange to make any regulation, or to amend or rescind any regulation already made, within such period as it may specify in this behalf. (5) If a Stock Exchange fails or neglects to comply with any direction under sub-section (4) within the specified period, the Commission may make or amend, with or without modifications, or rescind, any regulation directed to be made, amended or rescinded; and a regulation so made, amended or rescinded by the Commission shall be deemed to have been made, amended or rescinded by the Stock Exchange in accordance with the provisions of this section and shall have effect accordingly.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 49
},
{
"act_id": 355,
"details": "35. (1) A Stock Exchange which, immediately before the commencement of this Ordinance, was functioning, shall be deemed to have been registered under this Ordinance. (2) Any security which immediately before the commencement of this Ordinance, stood listed on any Stock Exchange shall be deemed to have been listed under this Ordinance. (3) Any rule, regulation, bye-law or order made or issued by a Stock Exchange which, immediately before the commencement of this Ordinance, was in force, shall, in so far as it is not inconsistent with the provisions of this Ordinance, continue in force as if made or issued under this Ordinance.",
"name": "Savings",
"related_acts": "",
"section_id": 50
}
],
"text": "♣An Ordinance to provide for the protection of investors, regulations of capital markets and issue and dealings in securities. WHEREAS it is expedient to provide for the protection of investors, 1regulations of capital markets and issue and dealings in securities and for matters ancillary thereto; 2*** NOW, THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 354,
"lower_text": [
"1 Clause (a) was substituted by section 8 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"2 The words “and freight forwarding agent” were substituted for the comma and words “, freight forwarding agent and stevedore” by section 2 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"3 Clause (aa) was inserted by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"4 Clause (bb) was inserted by section 2 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"5 The words “twenty four nautical miles” were substituted for the words “twelve nautical miles ” by section 2(a) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন).",
"6 Clause (c) was substituted by section 2 of অর্থ আইন, ২০২৩ (২০২৩ সনের ১৪ নং আইন) (With effect from 1st July 2023).",
"7 Clause (d) was substituted by section 8 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"8 Clause (e) was substituted by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"9 Clauses (ff) and (fff) were inserted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"10 Clause (ii) was inserted by section 2 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"11 The former clause (ii) which was inserted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন), was renumbered as clause (iii) by section 2 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"12 Clause (iiii) was inserted by section 2(a) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)।",
"13 Clause (k) was substituted by section 2(b) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)।",
"14 Clause (kk) was substituted by section 2 (a) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন) (With effect from 1st July 2019).",
"15 Sub-clauses (iii), (iv) and (v) were substituted for previous sub-clauses (iii) and (iv) by section 2 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"16 Clause (ll) was substituted by section 2 (b) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন)(With effect from 1st July 2019).",
"17 Clause (p) was omitted by section 2 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"18 Clause (pp) was inserted by section 4 of the অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"19 Clause (qq) was inserted by section 4 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"20 Clause (qqa) was inserted by section 3 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"21 Clause (qqq) was inserted by section 2 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"22 Clause (s) was substituted by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"23 The words “Taka ten lakhs” were substituted for the words “Taka two lakhs” by section 3 of অর্থ আইন, ১৯৯৬ (১৯৯৬ সনের ১৮ নং আইন)",
"24 Sub-clause (bb) was substituted by section 2(b) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন).",
"25 Clauses (t) and (tt) were substituted for former clause (t) by section 8 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"26 Clauses (t) was substituted by section 10 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"27 Section 2A was inserted by section 3 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)।",
"28 Section 3 was substituted by section 3 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"29 Clauses (a) and (aa) were inserted by section 2(a) of the Finance Act, 2011 (Act No. 12 of 2011).",
"30 Clause (dd) was inserted by section 8 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"31 Clause (f) was substituted by section 3 of the Finance Act, 2009 (Act No. XXXVI of 2009) (with effect from 1st July, 2009).",
"32 Clause (hh) was inserted by section 2 of the Finance Act, 2009 (Act No. IX of 2009) (with effect from 1st July, 2007).",
"33 Clause (hhh) was inserted by section 3 (a) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন)(With effect from 1st July 2019).",
"34 Clause (i) and (j) were substituted by section 4(a) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"35 The words and brackets “or an Additional Director General (Customs Risk Management Unit)” were added after the words and brackets “(Central Intelligence Cell)” by section 3 (b) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন)(With effect from 1st July 2019).",
"36 The words and brackets “or a Director General (Customs Risk Management Unit)” were added after the words and brackets “(Central Intelligence Cell)” by section 3 (c) of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন)(With effect from 1st July 2019).",
"37 Clause (ll) was substituted by section 3 of the Finance Act,2010(Act No.XXXIII of 2010).",
"38 The word, bracket, letter and figure “specified at clauses (a), (c) and (d) of section 3” were added by section 4 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"39 Clause (a) was substituted by section 3 of the Finance Act, 2009 (Act No. IX of 2009) (with effect from 1st July, 2007).",
"40 The words, bracket, letter and figure “specified at clauses (a), (c) and (d) of section 3” were added by section 4 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"41 Section 6 was substitued by section 4 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)।",
"42 Section 7 was substituted by section 4 of the Finance Act, 2009 (Act No. IX of 2009) (with effect from 1st July, 2007).",
"43 The words “an inquest” were substituted for the words “any jury or inquest or as an assessor” by section 5 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"44 The words “or customs-inland container depot” were inserted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"45 The words and symbol “or customs inland-water container terminal” were inserted after the words and symbol “customs-inland container depot” by section 5(a) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)।",
"46 The words “or customs stations” were inserted after the words “any land customs station” by section 5(b) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)।",
"47 The words and bracket “Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board” were substituted for the words “Commissioner of Customs” by section 6 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"48 Section 13 was substituted by section 5 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"49 Clause (c) was added by section 3 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন)",
"50 The words \"and any other counterfeit product\" after the words \"counterfeit currency notes\" were inserted by section 3(a) of the Finance Act, 2011 (Act No. 12 of 2011).",
"51 The words and commas \", video or audio recording, CDs or recording on any other media\" after the words \"film or article\" were inserted by section 3(b) of the Finance Act, 2011 (Act No. XII of 2011).",
"52 Clauses (d), was substituted by section 5 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"53 The word “metres” was substituted for the word “yards” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"54 The words \"and\" was omitted by section 3(d) of the Finance Act, 2011 (Act No. 12 of 2011).",
"55 Clauses (g)and (h) were substituted by section 5 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"56 “বাংলাদেশ পেটেন্ট আইন, ২০২২ (২০২২ সনের ৫ নং আইন)” শব্দগুলি, কমা, সংখ্যাগুলি ও বন্ধনী “Patents And Designs Act, 1911 (Act No. II of 1911)” শব্দগুলি, কমা, সংখ্যাগুলি, বন্ধনী ও চিহ্ন এর পরিবর্তে অর্থ আইন, ২০২৩ (২০২৩ সনের ১৪ নং আইন) এর ৩ ধারাবলে প্রতিস্থাপিত যাহা ২০২৩ সনের ১ম জুলাই হইতে কার্যকর।",
"57 The word “and” was omitted after the semi-colon “;” by section 4 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন)(With effect from 1st July 2019).",
"58 The semi-colon “;” and the word “and” were substituted for the full-stop “.” by section 4 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন)(With effect from 1st July 2019).",
"59 Clause (i) was added by section 4 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন)(With effect from 1st July 2019).",
"60 The proviso was substituted by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"61 The word, bracket and letter \"(d), (e), (f), (g) and (h) were substituted for the word, bracket and letter\" (d), (c), (f) and (g)\" by section 3 of অর্থ আইন, ২০১১ (২০১১ সনের ১২ নং আইন)",
"62 Section 17 was substituted by section 6 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"63 Section 18 was substituted by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"64 The words “and the Second Schedule” were omitted section 5 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"65 The colon (:) was substituted for the full-stop (.) and the proviso was inserted thereafter by section 10 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"66 Proviso was substituted by section 9 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"67 Sub-section (2) was substituted by section 10 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"68 The words “two times of” were inserted after the words “not exceeding” by section 6(a) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)",
"69 The words “for any goods” were omitted by section 8 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"70 The Explanation was inserted by section 8 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"71 The words “two times of” were inserted after the words “not exceed” by section 6(b) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)",
"72 Sections 18A, 18B, 18C and 18D were inserted by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"73 Section 18E was inserted by section 4 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"74 Section 19 was renumbered as sub-section (1) by section 8 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)",
"75 The words and commas “If the Government is satisfied, after consultation with the Board, that it is necessary in the public interest to do so, it may, subject to such conditions, limitations or restrictions, if any, as it thinks fit to impose” were substituted for the words and commas “The Government, subject to such conditions, limitations or restrictions, if any, as it thinks fit to impose, may” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"76 The colon (:) was substituted for the full-stop (.) and the proviso was inserted thereafter by section 11 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"77 Sub-section (2) was added by section 8 of অর্থ আইন, ১৯৮৯ (১৯৮৯ সনের ৩৬ নং আইন)",
"78 The words “Government’s power” were substituted for the words “Board’s power” by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"79 The words and commas “If the Board is satisfied that it is necessary in the public interest to do so, it may, under circumstances of exceptional nature” were substituted for the words and comma “Under circumstances of exceptional nature, the Board may” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"80 The word “Government” was substituted for the word “Board” by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"81 The words “or any other authority authorised by the Board in writing in this behalf” were inserted by section 5 of অর্থ আইন, ১৯৮৭ (১৯৮৭ সনের ২৭ নং আইন)",
"82 The words “and have continued to be the property of the person by whom or on whose account they were exported” were omittd by section 4 of the Finance Act,2010(Act No.XXXIII of 2010).",
"83 Clauses (a) and (b) were substituted by section 4 of the Finance Act, 2009 (Act No. X of 2009) (with effect from 1st July, 2008).",
"84 Clause (c) was substituted by section 4 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"85 The words “and Value Added Tax (ম ল্য সংযোজন কর)” were substituted for the comma and words “, excise-duty and sale-tax” by section 5 of the Finance Act, 2009 (Act No. X of 2009) (with effect from 1st July, 2008).",
"86 The marginal note was substituted by section 11 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"87 Section 25 was substituted by section 4 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"88 The sentence was substituted for the sentence “The value of any imported or exported goods shall be deemed to be the price at which such or like goods are ordinarily sold, or offered for sale, for delivery at the time and place of importation or exportation, as the case may be, in the course of international trade, where the seller and the buyer have no interest in the business of each other and the price is the sole consideration for the sale or offer for sale.” by section 11 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"89 The Explanation was added by section 12 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"90 Clause (a) was substituted by section 9 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"91 The words “under that section” were inserted by section 9 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"92 The words “or minimum values” were added by section 12 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"93 Sub-section (4) was substituted by section 11 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"94 The words and figure “and section 109” were omitted by section 9 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"95 Sub-section (6) was added by section 12 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"96 Section 25A was substituted by section 4 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"97 Sub-section (1) was substituted by section 10 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"98 Sub-section (2) was substituted by section 7 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"99 Sections 25B and 25C were inserted by section 4 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"100 Section 25B was substituted by section 4 of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"101 Section 26, 26A, 26B, 26C and 26D were substituted for the former section 26 by section 13 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"102 The words “when necessary” were substituted for the words “when required” by section 11 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"103 The word “and” was omitted by section 11 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"104 Clause (aa) was inserted by section 11 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"105 The commas, figures, words and bracket “, operator as defined in section 2(19) of বাংলাদেশ টেলিযোগাযোগ নিয়ন্ত্রণ আইন, ২০০১ or any statutory authority ” were inserted by section 4(a) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন)",
"106 The words “ including any modes of communication using telecommunication or radio apparatus” were inserted by section 4(b) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন)",
"107 Section 27 was substituted by section 4 of অর্থ আইন, ১৯৯১ (১৯৯০ সনের ২১ নং আইন)",
"108 The bracket and figure “(1)” was inserted by section 5 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"109 The commas and words “, other than warehoused goods,” were omitted by section 14 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"110 The words “damaged, deteriorated, lost or destroyed” were substituted for the words “lost or destroyed” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"111 The words “damaged, deterioration, lost or destruction” were substituted for the words “loss or destruction” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"112 Sub-section (3) was inserted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"113 The words “this Act” were substituted for the words, comma and figures “the Tariff Act, 1934 (XXXII of 1934)” by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"114 Marginal heading was substituted by section 6(a) of the Finance Act, 2009 (Act No. X of 2009) (with effect from 1st July, 2008).",
"115 Section 30 was substituted by section 8 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"116 The words and commas “value and exchange rate applicable to any imported goods, shall be the rate of duty, value and exchange rate” were substituted for the words and commas “and tariff value, if any, applicable to any imported goods, shall be the rate of duty and tariff value” by section 6(b) of the Finance Act, 2009 (Act No. X of 2009) (with effect from 1st July, 2008).",
"117 The words “a bill of entry was presented under section 79 and the bill of entry number was allocated thereto” were substituted for the words “on which the goods are actually removed from the warehouse” by section 3 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"118 Section 30A was inserted by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"119 Section 31 was substituted by section 9 of the Finance Act, 1979 (Act No. V of 1979)",
"120 The word “or” was added by section 16 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"121 Clause (c) was inserted by section 16 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"122 The words and comma “within three years of the relevant date,” were omitted by section 5 of the Finance Act,2010(Act No.XXXIII of 2010).",
"123 The words “amounting to not less than one thousand Taka” were inserted by section 16 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"124 The words “five years” were substituted for the words “three years” by section 3 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"125 The colon (:) was substituted for the full-stop (.) and the proviso was added thereafter by section 16 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"126 The words “six months” were substituted for the words “four months” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"127 The words and comma “error, misconstruction or in any other way” were substituted for the words “error or misconstruction” by section 6 of the Finance Act,2010(Act No.XXXIII of 2010).",
"128 The words “six months” were substituted for the words “four months” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"129 The (:) was substituted for the full-stop (.) and the proviso was inserted thereafter by section 6 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"130 The words “six months” were substituted for the words “four months” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"131 The words and commas “such duties, not exceeding seven-eighths thereof,” were substituted for the words “seven-eighths of such duties” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"132 The words “or within six months from the date of export” were inserted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"133 The words and commas “officer of customs, or other person duly authorised to receive the same, or as the case may be, until the manifest has been transmitted to the Customs computer system by a registered user” were substituted for the words “officer of customs or other person duly authorised to receive the same” by section 14 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"134 The colon (;) was substituted for the full-stop (.) and the proviso was added thereafter by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"135 The words “Revenue Officer” were substituted for the words “Superintendent of Customs or Principal Appraiser” by section 7 of the Finance Act,2010(Act No.XXXIII of 2010).",
"136 Sub-section (5) was added by section 5 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন)(With effect from 1st July 2019).",
"137 The words “or if the person-in-charge is a registered user, he may transmit the manifest to the Customs computer system” were inserted by section 15 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"138 The colon “:” was substituted for the full-stop “.” by section 6 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন)(With effect from 1st July 2019).",
"139 The proviso was inserted by section 6 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন)(With effect from 1st July 2019).",
"140 The colon (:) was substituted for the full-stop (.) and the proviso was inserted thereafter by section 17 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"141 The proviso was substituted by section 16 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"142 Sub-section (3) was substituted by section 12 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"143 The commas and words “, and where the import manifest is transmitted electronically to the Customs computer system by a registered user, the import manifest shall be deemed to have been countersigned by the person authorised to receive such transmission and that person shall comply with the direction of that Commissioner, if any, in this regard” were added by section 17 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"144 The comma and word “, passengers” were inserted by section 18 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"145 The words “Commissioner of Customs” were substituted for the words “Collector of Customs” by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"146 The colon (:) was substituted for the semi-colon (;) and the proviso was inserted by section 19 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"147 The proviso was substituted by section 18 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"148 The colon (:) was substituted for the full-stop (.) and the proviso was added thereafter by section 18 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"149 Section 58A was inserted by section 4 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন). (With effect from 1st July 2018)",
"150 The word “Bangladeshi” was substituted for the word “Pakistani” by section 11 of the Finance Ordinance, 1982 (Ordinance No. XVI of 1982)",
"151 Sub-section (2) was substituted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"152 The colon (:) was substituted for the full-stop (.) and the proviso was added thereafter by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986)",
"153 The words “A public body or company or port authority or airlines or” were substituted for the words “A public body or company or” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"154 The words “such information as is essential for submitting a bill of entry” were substituted for the words and comma “full information, to make a complete entry of any goods” by section 14 of the Finance Ordinance, 1977 (Ordinance No. XXIII of 1977)",
"155 Sub-section (1A) was inserted by section 20 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"156 Sub-section (1B) was inserted by section 10 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"157 Sub-section (2) was substituted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"158 The word “thirty” was substituted for the words “forty five” by section 4 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"159 The words “within twenty one days of” were substituted for the words “within thirty days of ” by section 4 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"160 The proviso was substituted by section 20 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"161 Section 79A was inserted by section 4 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"162 Section 79B to 79G were inserted by section 21 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"163 The words “Customs computer” were substituted for the words “Customs computerised entry processing” by section 19 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"164 The words “Customs computer” were substituted for the words “Customs computerised entry processing” by section 19 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"165 The words “Customs computer” were substituted for the words “Customs computerised entry processing” by section 19 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"166 The words “Customs computer” were substituted for the words “Customs computerised entry processing” by section 19 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"167 The words “Customs computer” were substituted for the words “Customs computerised entry processing” by section 19 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"168 The words “Customs computer” were substituted for the words “Customs computerised entry processing” by section 19 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"169 The words “Customs computer” were substituted for the words “Customs computerised entry processing” by section 19 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"170 The words “Customs computer” were substituted for the words “Customs computerised entry processing” by section 19 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"171 The words “Customs computer” were substituted for the words “Customs computerised entry processing” by section 19 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"172 The words “Customs computer” were substituted for the words “Customs computerized entry processing” by section 19 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"173 The words “or electronic transmission” were inserted by section 20 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"174 The words and comma “in the presence of the owner or his agent, unless due to any exceptional circumstance such presence cannot be allowed” were inserted by section 22 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"175 Sub-sections (3) and (4) were inserted by section 20 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"176 Sub-section (2) was substituted by section 4 of the Finance Act, 2011 (Act No. 12 of 2011).",
"177 Section 82 was substituted by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"178 Section 82 was renumbered as 82(1) by section 5 of অর্থ আইন, ১৯৮৭ (১৯৮৭ সনের ২৭ নং আইন)",
"179 The word “thirty” was substituted for the words “forty five” by section 6 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"180 The words “or customs-inland container depot” were inserted by section 6 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"181 The words “twenty one” were substituted for the word “thirty” by section 6 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"182 Sub-section (2) was added by section 5 of অর্থ আইন, ১৯৮৭ (১৯৮৭ সনের ২৭ নং আইন)",
"183 Section 82A was inserted by section 23 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"184 Section 83 was renumbered as 83(1) by section 21 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"185 Sub-section (2) was added by section 21 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"186 Sub-section (3) was added by section 8 of the Finance Act,2010(Act No.XXXIII of 2010).",
"187 Sections 83A, 83B and 83C were inserted by section 24 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"188 The words “within three years from the date on which the original assessment was made” were omitted by section 9 of the Finance Act,2010(Act No.XXXIII of 2010).",
"189 Section 83D was inserted by section 13 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"190 Section 83E was inserted by section 3 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন)",
"191 The words, comma and brackets “The Commissioner of Customs (Valuation and Internal Audit) shall, in a manner prescribed by the Board” were substituted for the words and comma “The Commissioner of Customs shall, in a manner prescribed by the Board’’ by section 5 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"192 The words and figure “or reassessed under section 109” were omitted by section 23 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"193 The words and comma “to be determined by the Board, being a rate not less than the bank rate fixed by the Bangladesh Bank and not more than double the Bank rate so fixed” were substituted for the words “of eight per cent per annum or such other rate as is for the time being fixed by the Board” by section 4 of অর্থ আইন, ১৯৯৮ (১৯৯৮ সনের ১৪ নং আইন)",
"194 The words and brackets “Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board” were substituted for the words “Commissioner of Customs” by section 23 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"195 The words and brackets “Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board” were substituted for the words “Commissioner of Customs” by section 23 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"196 Section 86A was substituted by section 9 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"197 Section 87 was substituted by section 2 of অর্থ আইন, ২০০৬ (২০০৬ সনের ২২ নং আইন)",
"198 Section 91 was substituted by section 15 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"199 The words and comma “Investigation Directorate or of the Customs Valuation and Internal Audit Commissionerate, or” were substituted for the words and comma “Investigation Directorate, or” by section 5(a) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"200 The words “of the said Directorates and Commissionerate” were substituted for the words “of the said two Directorates” by section 5(b) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"201 The words “by giving fifteen days prior notice in writing to the Commissioner of Customs ” were substituted for the words “with the permission in writing of the Commissioner of Customs” by section 25 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"202 The words and brackets “Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board” were substituted for the words “Commissioner of Customs” by section 24 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"203 Clause (b) was substituted by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"204 The words and brackets “Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board” were substituted for the words “Commissioner of Customs” by section 24 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"205 Section 96 was substituted by section 16 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"206 Section 98 was substituted by section 5 of the Finance Act, 2009 (Act No. IX of 2009) (with effect from 1st July, 2007).",
"207 Sub-section (2A) was inserted by section 4 of the Finance Act, 2009 (Act No. XXXVI of 2009) (with effect from 1st July, 2009).",
"208 Sub-section (4) was substituted by section 7 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন)(With effect from 1st July 2019).",
"209 Section 98A was inserted by section 8 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"210 The words and brackets “Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board” were substituted for the words “Commissioner of Customs” by section 27 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"211 The comma (,) was omitted and the words and comma “or any officer authorised for the purpose by the Commissioner of Customs,” were inserted by section 26 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"212 The words and brackets “Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board” were substituted for the words “Commissioner of Customs” by section 27 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"213 The words “that Commissioner” were substituted for the words “the Commissioner” by section 27 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"214 The words and brackets “Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board” were substituted for the words “Commissioner of Customs” by section 28 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"215 The words and brackets “Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board” were substituted for the words “Commissioner of Customs” by section 29 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"216 Sub-section (5) was added by section 27 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"217 The words and brackets “Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board” were substituted for the words “Commissioner of Customs” by section 29 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"218 The words and brackets “Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board” were substituted for the words “Commissioner of Customs” by section 30 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"219 The words “that Commissioner” were substituted for the words “the Commissioner” by section 30 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"220 The words “that Commissioner” were substituted for the words “the Commissioner” by section 30 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"221 Section 104 was substituted by section 4 of অর্থ আইন, ২০২৩ (২০২৩ সনের ১৪ নং আইন) (With effect from 1st July 2023).",
"222 The colon (:) was substituted for the full-stop (.) and the proviso was inserted thereafter by section 29 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"223 The words and brackets “Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board” were substituted for the words “Commissioner of Customs” by section 32 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"224 The words and brackets “Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board” were substituted for the words “Commissioner of Customs” by section 34 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"225 The words and figure “under section 86 or as prescribed by rules made under this Act” were substituted for the words and figure “under section 86” by section 30 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"226 Sub-section (1) was substituted by section 31 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"227 Sub-section (3) was added by section 32 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"228 The words and brackets “Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board” were substituted for the words “Commissioner of Customs” by section 35 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"229 Sub-section (1) was substituted by section 5 (a) of অর্থ আইন, ২০২৩ (২০২৩ সনের ১৪ নং আইন) (With effect from 1st July 2023).",
"230 Sub-section (3) was added by section 5 (b) of অর্থ আইন, ২০২৩ (২০২৩ সনের ১৪ নং আইন) (With effect from 1st July 2023).",
"231 The words \"within two working days\" were substituted for the words \"within forty-eight hoursÕÕ by section 7 of the Finance Ordinance, 2008 (Ordinance No. 33of 2008).",
"232 The words “notice thereof in writing shall” were substituted for the words “notice thereof” by section 4 of অর্থ আইন, ১৯৯৮ (১৯৯৮ সনের ১৪ নং আইন)",
"233 The words “within two working days” were substituted for the words “within forty-eight hours” by section 7 of the Finance Act, 2009 (Act No. X of 2009) (with effect from 1st July, 2008).",
"234 The word “three” was substituted for the words “two” by section 7 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)",
"235 The word “warehouse” was substituted for the words “public warehouse” by section 19 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"236 The words and brackets “Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board” were substituted for the words “Commissioner of Customs” by section 39 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"237 The word “warehouse” was substituted for the words “public warehouse” by section 19 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"238 Section 119A was inserted by section 3 of অর্থ আইন, ১৯৯৬ (১৯৯৬ সনের ১৮ নং আইন)",
"239 The word “Board” was substituted for the word “Government” by section 4 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"240 Section 119B was inserted by section 5 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"241 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was inserted by section 8 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)",
"242 Section 129A was inserted by section 9 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)",
"243 The existing provision was numbered as sub-section (1) of that section by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"244 Sub-clause (i) was substituted by section 40 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"245 The colon (:) was substituted for the semi-colon (;) and the proviso was added by section 20 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"246 The colon (:) was substituted for the full-stop (.) and the proviso was added thereafter by section 40 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"247 Sub-section (2) was added by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"248 The words “and other than frustrated cargo” were inserted by section 11 of the Finance Act,2010(Act No.XXXIII of 2010).",
"249 Sub-section(1A) was substituted by section 11 of the Finance Act,2010(Act No.XXXIII of 2010).",
"250 The words “one lac Taka” were substituted for the words “fifty thousand Taka” by section 3(a) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"251 The Entry was substituted by section 5 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন)",
"252 The words “or to penalty not exceeding twice the value of the goods or to both” were inserted by section 4 of অর্থ আইন, ১৯৯৮ (১৯৯৮ সনের ১৪ নং আইন).",
"253 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"254 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"255 The words “twenty thousand Taka” were substituted for the words “two thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"256 The words “twenty thousand Taka” were substituted for the words “two thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"257 The commas and words “and, if the Magistrate in his discretion so orders, also to whipping” were omitted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"258 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"259 Item 10A was inserted by section 10 of the Finance Ordinance, 1976 (Ordinance No. XLV of 1976).",
"260 The words \"two times\" were substituted for the word \"five times\" by section 8 of the Finance Act , 2009 (Act No. X of 2009).(with effect from 1st July, 2008).",
"261 Item 11A was substituted by section 6 of the Finance Ordinance, 2007 (Ordinance No. 10 of 2007).",
"262 The words “fifty thousand Taka” were substituted for the words “twenty thousand Taka” by section 3(b) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"263 The words “twenty thousand Taka” were substituted for the words “two thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"264 The entry was substituted by section 11 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"265 The words, comma and semi-colon “or fifty thousand taka, whichever be higher;” were omitted by section 8(c) of the Finance Act, 2009 (Act No. X of 2009) (with effect from 1st July, 2008).",
"266 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"267 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"268 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"269 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"270 The words “twenty thousand Taka” were substituted for the words “two thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"271 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"272 The words “twenty five thousand Taka” were substituted for the words “two thousand and five hundred Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"273 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"274 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"275 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"276 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"277 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"278 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"279 The words “twenty thousand Taka” were substituted for the words “two thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"280 The words “twenty thousand Taka” were substituted for the words “two thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"281 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"282 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"283 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"284 The words “five thousand Taka” were substituted for the words “five hundred Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"285 The words “twenty thousand Taka” were substituted for the words “two thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"286 The words “five thousand Taka” were substituted for the words “five hundred Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"287 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"288 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"289 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"290 Item 43A was inserted by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"291 The words and comma “if such goods cannot be recovered,” were omitted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"292 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"293 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"294 The words “ten years” were substituted for the words “six years” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"295 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"296 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"297 Entries 47A, 47B and 47C were inserted by section 35 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"298 Serial No. 47A and entries were substituted by section 6(b) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"299 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"300 Substituted by section 4 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন).",
"301 Serial 51A was inserted by section 21 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন).",
"302 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"303 The words “one lakh” were substituted for the words “fifty thousand” by section 41 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন).",
"304 The words and commas “parcel thereof, or the records, accounts or documents, relating to such package or parcel, or refuses to answer questions put to him by an officer of customs,” were substituted for the words “and parcel thereof” by section 41 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন).",
"305 The words “two thousand five hundred Taka” were substituted for the words “two hundred and fifty Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"306 The words “one lakh” were substituted for the words “two thousand five hundred” by section 41 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন).",
"307 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"308 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"309 The words “two thousand five hundred Taka” were substituted for the words “two hundred and fifty Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"310 The words and comma “or remove from the warehouse,” were omitted by section 10(a) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন).",
"311 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"312 The words “and such goods shall also be liable to confiscation” were added before full stop (.) of “Taka” by section 5(a) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন)",
"313 Entry was substituted by section 8(e) of the Finance Act, 2009 (Act No. X of 2009) (with effect from 1st July, 2008).",
"314 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"315 Substituted by section 4 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন).",
"316 “The words “and such goods shall also be liable to confiscation” were added before full stop (.) by section 5(b) of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন).",
"317 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"318 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"319 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"320 The words “two thousand five hundred Taka” were substituted for the words “two hundred and fifty Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"321 The item and entries were inserted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"322 The words “five thousand Taka” were substituted for the words “five hundred Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"323 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"324 The words “twenty five thousand Taka” were substituted for the words “two thousand and five hundred Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"325 The words “twenty thousand Taka” were substituted for the words “two thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"326 The words “twenty thousand Taka” were substituted for the words “two thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"327 The words “two lakh Taka” were substituted for the words “fifty thousand Taka” by section 6(a) of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"328 The words “twenty thousand Taka” were substituted for the words “two thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"329 The words “five years” were substituted for the words “three years” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"330 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"331 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"332 The words “five thousand Taka” were substituted for the words “five hundred Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"333 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"334 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"335 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"336 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"337 The words “twenty thousand Taka” were substituted for the words “two thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"338 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"339 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"340 The words “ten years” were substituted for the words “six years” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"341 The words “and if the Magistrate in his discretion so orders also to whipping” were omitted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"342 The words `five times` were substituted for the words `ten times` by section 6 of the Finance Act, 2011 (Act No. 12 of 2011).",
"343 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"344 The words “five years” were substituted for the words “three years” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"345 The words and commas “and, if the Magistrate, in his discretion so orders, to whipping” were omitted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"346 The words “five years” were substituted for the words “three years” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"347 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"348 The words “five years” were substituted for the words “three years” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"349 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"350 The words “one hundred thousand Taka” were substituted for the words “ten thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"351 The words “one hundred thousand Taka” were substituted for the words “ten thousand Taka” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986).",
"352 Sub-Section (3) and (4) were inserted by section 36 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"353 Sub-Section (4) was substituted by section 11 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"354 Sub-Section (5) were inserted by section 10(b) of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)",
"355 The proviso was substituted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"356 The words “an officer not below the rank of Assistant Commissioner of Customs” were substituted for the words “the Commissioner of Customs” by section 4 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"357 The words “an officer not below the rank of Assistant Commissioner of Customs” were substituted for the words “the Commissioner of Customs” by section 4 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"358 The words “an officer not below the rank of Assistant Commissioner of Customs” were substituted for the words “the Commissioner of Customs” by section 4 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"359 Section 158A was inserted by section 37 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"360 The words “of like rank duly” were omitted by Article 2 of the Customs (Amendment) Order, 1972 (President’s Order No. 122 of 1972)",
"361 The words “of smuggling” were substituted for the words and commas “related to exportation of such goods as the Central Government may, by notification in the official Gazette, specify in this behalf” by Article 2 of the Customs (Amendment) Order, 1972 (President’s Order No. 122 of 1972)",
"362 The word “smuggling” was substituted for the word “exportation” by Article 2 of the Customs (Amendment) Order, 1972 (President’s Order No. 122 of 1972)",
"363 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"364 The colon (:) was substituted for the full-stop (.) and the proviso was inserted thereafter by section 38 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"365 Section 171 was substituted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"366 Clause (a) was substituted by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"367 The words “Penal Code” were substituted for the words “Pakistan Penal Code” by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"368 The words “High Court Division” were substituted for the words “High Court” by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"369 The words “High Court Division” were substituted for the words “High Court” by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"370 The words “High Court Division” were substituted for the words “High Court” by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"371 Clause (2) was substituted by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"372 Section 179 was substituted by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"373 The existing provision was numbered as sub-section (1) of that section by section 12 of অর্থ আইন, ২০০৩ (২০০৩ সনের ১৭ নং আইন)",
"374 The Table was substituted by section 4 of অর্থ আইন, ২০২১ (২০২১ সনের ১২ নং আইন)",
"375 The colon (:) was substituted for the full-stop (.) by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986)",
"376 Section 181 was renumbered as 181(1) by section 2 of the Customs (Amendment) Ordinance, 1985 (Ordinance No. XI of 1985)",
"377 Sub-section (2) was added by section 2 of the Customs (Amendment) Ordinance, 1985 (Ordinance No. XI of 1985)",
"378 The words “Taka five thousand” were substituted for the words “five hundred rupees” by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"379 The words “five years” were substituted for the words “three years” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986)",
"380 The words “ten thousand Taka” were substituted for the words “Taka five thousand” by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986)",
"381 CHAPTER XVIIIA and under this chapter \"section 192A, 192B, 192C, 192D, 192E, 192F, 192G, 192H, 192I, 192J and 192K \" were inserted by section 7 of the Finance Act, 2011 (Act No. XII of 2011).",
"382 The words and hyphen “or Pre-shipment Inspection Agency” were inserted after the words “exporter” by section 6 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"383 The words and hyphen “or Pre-shipment Inspection Agency” were inserted after the word “exporter” by section 10 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"384 Section 192C was substituted by section 6(a) of the Finance Act, 2013 (Act No. XXV of 2013) (with effect from 1st July, 2013).",
"385 The word ''and'' was omitted by section 3(a)(1) of the Finance Act, 2014 (Act No. IV of 2014) (with effect from 1st July, 2014).",
"386 The semi-colon and word ''; and'' was substituted for the full-stop (.) by section 3(a)(2)(i) of the Finance Act, 2014 (Act No. V of 2014) (with effect from 1st July, 2014).",
"387 Clause (c) was added by section 3(a)(2)(ii) of the Finance Act, 2014 (Act No. V of 2014) (with effect from 1st July, 2014).",
"388 The commas and words '', except disputes related to customs classification and penalty thereof, pending under mandatory pre-shipment inspection system'' was inserted after the word ''goods'' by section 3(b) of the Finance Act, 2014 (Act No. V of 2014) (with effect from 1st July, 2014).",
"389 The word and comma “fees,” were inserted after the word and comma “appointment,” by section 8(a) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"390 The words and hyphen “or Pre-shipment Inspection Agency” were inserted after the words “exporter” by section 8(b) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"391 The words and hyphen “or Pre-shipment Inspection Agency” were inserted after the words “exporter” by section 9 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"392 The words and commas “agreement, including commitment to pay the duty and taxes or refund the same, as the case may be, in the agreed time limit,” were substituted for the word and comma “agreement,” by section 11(a) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"393 The words and hyphen “or Pre-shipment Inspection Agency” were inserted after the word “exporter” by section 11(c) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"394 The words and hyphen “or Pre-shipment Inspection Agency” were inserted after the word “exporter” by section 11(c) of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"395 Sub-section (3) was substituted by section 12 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"396 The words and hyphen “or Pre-shipment Inspection Agency” were inserted after the words “exporter” by section 13 of the Finance Act, 2012 (Act No. XXVI of 2012) (with effect from 1st July, 2012).",
"397 Section 193A was renumbered as 193B by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"398 The words “or on an application made by any person” were omitted by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"399 Sections 193 and 193A were substituted for the previous section 193 by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"400 Sub-section (6), (7) and (8) were added by section 11 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)",
"401 Section 193C was substituted by section 4 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"402 Sub-section (1) was substituted by section 42 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"403 The words, figure and letter “or section 196A” were inserted by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"404 The words “fifty per cent of the duty demanded or fifty per cent of the penalty imposed, or both, as the case may be” were substituted for the words “the duty demanded or the penalty levied” by section 9 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"405 The words “the amount of the penalty as aforesaid” were substituted for the words “as aforesaid the entire amount of the penalty” by section 9 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"406 The words “penalty imposed” were substituted for the words “penalty levied” by section 9 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)",
"407 Section 196D was substituted by section 39 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"408 The word “ninety” was substituted for the word “sixty” by section 43 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"409 Section 196G was substituted by section 42 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"410 Sections 196M and 196N were inserted by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"411 Section 196 was substituted by section 12 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)।",
"412 Clause (c) was substituted by section 6 of অর্থ আইন, ২০২৩ (২০২৩ সনের ১৪ নং আইন) (With effect from 1st July 2023).",
"413 The words “any decision or order passed by the Commissioner of Customs or Commissioner of Customs (Bond) or Director General (Duty Exemption and Drawback) or any officer of Customs equivalent to Commissioner of Customs” were substituted for the words “a decision or order passed by the Commissioner of Customs as an adjudicating authority” by section 5 (a) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন).",
"414 Sub-section (3) was substituted by section 7 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন) (With effect from 1st July 2022).",
"415 The words and comma “duties, taxes” were substituted for the word “duty” by section 5 (b) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন).",
"416 The words and comma “duties, taxes” were substituted for the word “duty” by section 5 (b) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন).",
"417 The words “three hundred Taka” were substituted for the words “two hundred taka” by section 14 of the Finance Act,2010(Act No.XXXIII of 2010).",
"418 The words and comma “duties, taxes” were substituted for the word “duty” by section 5 (b) of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন).",
"419 The words “one thousand two hundred Taka” were substituted for the words “one thousand taka” by section 14 of the Finance Act,2010(Act No.XXXIII of 2010).",
"420 Sub-sections (7) and (8) were added by section 14 of the Finance Act,2010(Act No.XXXIII of 2010).",
"421 The words \"within four years\" were substituted for the words \"within two years\" by section 8 of the Finance Act, 2011 (Act No. XII of 2011).",
"422 The words and commas “or may refer the case back to the authority which passed such decision or order with such directions as the Appellate Tribunal may think fit, for a fresh adjudication or decision, as the case may be, after taking additional evidence, if necessary” were added by section 4 of অর্থ আইন, ২০০৬ (২০০৬ সনের ২২ নং আইন)",
"423 Sub-section (2) and (3) were substituted by section 13 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)",
"424 The words and figure “Where an appeal has been preferred to the High Court Division under section 196D” were substituted for the words and figure “Where any case has been referred to the High Court Division under section 196D” by section 41 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"425 The existing section 196A was renumbered as section 196K by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"426 The words, figures, brackets, letter and symbol were inserted “or a Chartered Accountant as is defined in Article 2(1)(b) of the Bangladesh Chartered Accountants Order, 1973 (President’s Order No. 2 of 1973)” after the word “prescribed in this behalf” by section 5 (a) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন).",
"427 The words “or a Chartered Accountant ” were inserted after the words “Customs Consultant” by section 5(b) of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"428 Section 196B was substituted by section 5 of A_© AvBb, 1987 (1987 m‡bi 27 bs AvBb) which was renumbered as section 196L by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"429 The words “or on an application made by any person” were omitted by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন)",
"430 Section 197A was substituted by section 8 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন)(With effect from 1st July 2019).",
"431 Section 197B and section 197C were inserted by section 9 of অর্থ আইন, ২০১৯ (২০১৯ সনের ১০ নং আইন)(With effect from 1st July 2019).",
"432 Section 197D was inserted by section 14 of অর্থ আইন, ২০২০ (২০২০ সনের ৯ নং আইন)",
"433 Sub-section(1)was substituted by section 6 of অর্থ আইন, ২০২১ (২০২১ সনের ১১ নং আইন)",
"434 The existing section was numbered as sub-section (1) of that section by section 43 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"435 The words “or measure and detain any goods in the prescribed manner, place and time in part or full as he deems proper” were substituted for the words “or measure any goods” by section 7 of অর্থ আইন, ২০১৫ (২০১৫ সনের ১০ নং আইন)",
"436 Sub-section (2) was added by section 43 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"437 Sub-section (4) was added by section 44 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"438 The words and the commas “examination, including any investigation, scientific or chemical test or draft survey, by an officer of Customs, removal or warehousing thereof shall be done, and any facilities or assistance required for any such examination, investigation, test or survey shall be provided, by or at the expense of the owner of the goods” were substituted for the words and commas “examination by an officer of Customs, removal or warehousing thereof shall be done, and any facilities or assistance required for any such examination shall be provided, by or at the expense of the owner of the goods” by section 4 of অর্থ আইন, ১৯৯৪ (১৯৯৪ সনের ১১ নং আইন)",
"439 The word “Government” was substituted for the words “Central Government” by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"440 Section 202A was inserted by section 4 of অর্থ আইন, ১৯৯৭ (১৯৯৭ সনের ১৫ নং আইন)",
"441 Section 202 was substituted by section 7 of the Finance Ordinance, 1986 (Ordinance No. XLV of 1986)",
"442 The words “and Value Added Tax Officer” were inserted by section 3 of অর্থ আইন, ১৯৯৬ (১৯৯৬ সনের ১৮ নং আইন)",
"443 The words “or Value Added Taxable ” were inserted by section 7 of অর্থ আইন, ২০০৫ (২০০৫ সনের ১৬ নং আইন)",
"444 The semi-colon (;) was substituted for the full-stop (.) and clause (f) was inserted by section 3 of অর্থ আইন, ১৯৯৬ (১৯৯৬ সনের ১৮ নং আইন)",
"445 The words, brackets and figure “of the district or to a certificate officer appointed under sub-section (3) in whose jurisdiction” were substituted for the words “of the district in which” by section 4 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"446 The words “or certificate officer” were inserted by section 4 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"447 Sub-section (3) was inserted by section 4 of অর্থ আইন, ১৯৯৯ (১৯৯৯ সনের ১৬ নং আইন)",
"448 The words “or detained” were inserted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)",
"449 The words “on payment of such fee as the Board may determine for this purpose” were substituted for the words “on payment of a fee not exceeding twenty Taka” by section 5 of অর্থ আইন, ২০০৬ (২০০৬ সনের ২২ নং আইন)",
"450 Section 204A was inserted by section 45 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"451 Section 204B was insered by section 8 of অর্থ আইন, ২০২২ (২০২২ সনের ১৩ নং আইন).",
"452 Section 205 was substituted by section 6 of অর্থ আইন, ২০০৬ (২০০৬ সনের ২২ নং আইন)",
"453 Section 211 was substituted by section 46 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"454 Sub-section (1) was substituted by section 44 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"455 The words “five years” were substituted for the words “three years” by section 7 of অর্থ আইন, ২০১৮ (২০১৮ সনের ২২ নং আইন) (With effect from 1st July 2018).",
"456 Sub-section (4) was added by section 44 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"457 Section 215A was substituted by section 44A of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"458 Section 215B was inserted by section 6 of অর্থ আইন, ২০১৭ (২০১৭ সনের ১৪ নং আইন).",
"459 Section 216A was inserted by section 45 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন)",
"460 Section 217A was inserted by section 48 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"461 The words “an officer or employee of customs” were substituted for the words “a Customs Officer” by section 15 of the Finance Act,2010(Act No.XXXIII of 2010).",
"462 Section 217B was inserted by section 16 of the Finance Act,2010(Act No.XXXIII of 2010).",
"463 Section 219B was inserted by section 22 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন)",
"464 The words “Third Schedule” were substituted for the words “First Schedule” by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"465 The words “Third Schedule” were substituted for the words “First Schedule” by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"466 sub-section (4) was omitted by section 13 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)",
"467 Section 219A was inserted by section 49 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)",
"468 The words “forty five” were substituted for the words “thirty” by section 14 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)",
"469 The words “Fourth Schedule” were substituted for the words “Second Schedule” by section 11 of the Finance Act, 1980 (Act No. XXIII of 1980)",
"470 Section 223 was added by section 17 of the Finance Act,2010(Act No.XXXIII of 2010)."
],
"name": "The Customs Act, 1969",
"num_of_sections": 300,
"published_date": "8th March, 1969",
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],
"repelled": false,
"sections": [
{
"act_id": 354,
"details": "1. (1) This Act may be called the Customs Act, 1969. (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": "354",
"section_id": 1
},
{
"act_id": 354,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- 1 (a) “agent” means any person, including a shipping agent, clearing and forwarding agent, cargo agent, 2 and freight forwarding agent, licensed under section 207, or any person permitted to transact any business under section 208; 3 (aa) “Appellate Tribunal” means the Customs, Excise and মূল্য সংযোজন কর Appellate Tribunal constituted under section 196; (b) “appropriate officer”, in relation to any functions to be performed under this Act, means the officer of Customs to whom such functions have been assigned by or under this Act; 4 (bb) “Bangladesh customs-waters” means the waters extending into the sea to a distance of 5twenty four nautical miles measured from the appropriate base line on the coast of Bangladesh; 6 (c) “ bill of entry” means a bill of entry delivered under section 79 or section 104, and includes, an electronically transmitted bill of entry in such cases and in such manner containing such particulars as the Board may specify; 7 (d) “bill of export” means a bill of export delivered under section 131, and includes an electronically transmitted bill of export in such cases and in such manner containing such particulars as the Board may specify; 8 (e) “Board” means the National Board of Revenue constituted under the National Board of Revenue Order, 1972 (President's Order No. 76 of 1972); (f) “coastal goods” means goods transported in a vessel from one port in Bangladesh to another, but does not include imported goods on which customs-duty has not been paid; 9 (ff) “container” means a receptacle of permanent nature, having an internal volume of one metre or more, fully or partially enclosed to constitute a compartment for containing goods and specially designed to facilitate carriage of goods by one or more modes of transport, without intermediate reloading, and ready handling, particularly when transferred from one mode of transport to another and strong enough for repeated use; (fff) “controlling authority”, in relation to any customs-airport, customs-port, customs-inland container depot or customs-station, means the owner or legal occupier thereof or any person having legal control thereof; (g) “conveyance” means any means of transport used for carrying goods or passengers such as a vessel, aircraft, vehicle or animal; (h) “customs-airport” means any airport declared under section 9 to be a customs-airport; (i) “customs-area” means the limits of the customs-station specified under section 10 and includes any area in which imported goods or goods for export are ordinarily kept before clearance by the customs authorities; 10 (ii) “Customs computer system” means the customs computerised entry processing system established by the Board for the purposes of this Act; 11 (iii) “customs-inland container depot” means any place declared under section 9 to be a customs-inland container depot; 12 (iiii) “customs inland-water container terminal” means any place declared under section 9 as a customs inland-water container terminal; (j) “customs-port” means any place declared under section 9 to be a port for the shipment and landing of goods; 13 (k) “customs station” means any customs port, customs airport, land customs stations, customs inland-water container terminal or such other place as may be declared, from time to time, under section 9; 14 (kk) “export manifest” means an export manifest delivered or transmitted under section 53, to customs computer system or, in manual form where use of customs computer system is not available, by the registered user and includes an export cargo manifest; transit cargo and cargo for transhipment; and advance passenger and crew information, in such manner and with such particulars as the Board may specify; (l) “goods” means all movable goods and includes- (i) conveyances, (ii) stores and materials, 15 (iii) baggage, (iv) currency and negotiable instruments, (v) electronic data. 16 (ll) “import manifest” means an import manifest delivered or transmitted under sections 43 & 44, to customs computer system or, in manual form where use of customs computer system is not available, by the registered user and includes an import cargo manifest; transit cargo and cargo for transhipment; and advance passenger and crew information, in such manner and with such particulars as the Board may specify; (m) “land customs-station” means any place including an inland river port declared under section 9 to be a land customs-station; (n) “master” when used in relation to any vessel, means any person, except a pilot or harbour master, having command or charge of such vessel; (o) “officer of Customs” means an officer appointed under section 3; 17 * * * 18 (pp) “person” includes a company, partnership, association, firm or a body of persons; (q) “person-in-charge” means- (i) in relation to a vessel, the master of the vessel; (ii) in relation to an aircraft, the commander or pilot in charge of the aircraft; (iii) in relation to a railway train, the conductor, guard or other person having the chief direction of the train; (iv) in relation to any other conveyance, the driver or any other person having control of the conveyance; 19 (qq) “pre-shipment inspection agency” means any person appointed under section 25A as a pre-shipment inspection agency and includes a representative of that person; 20 (qqa) “prescribed” means prescribed by rules or order, as the case may be; 21 (qqq) “registered user”, in relation to a Customs computer system, means a user of that system and registered for the purposes of this Act; (r) “rules” means the rules made under this Act; 22 (s) “smuggle” means to bring into or take out of Bangladesh in breach of any prohibition or restriction for the time being in force; or evading payment of customs-duties or taxes leviable thereon,- (a) narcotics, narcotic drugs or psychotropic substance; or (b) gold bullion, silver bullion, platinum, palladium, radium, precious stones, currency, manufactures of gold or silver or platinum or palladium or precious stones, or any other goods notified by the Government in the official Gazette, in each case exceeding 23 Taka ten lakhs in value; or 24(bb) any goods in breach of payment guidelines of Bangladesh Bank; or (c) any goods concealed in any manner in any place on board any ship, vessel or aircraft or in any other vehicle or in any baggage or cargo or on person; or (d) any other goods by any route other than a route declared under section 9 or 10 from any place other than a customs-station; and includes an attempt, abetment or connivance of so bringing in or taking out of such goods; and all cognate words and expressions shall be construed accordingly; 25 26 (t) “special bonded warehouse” means a private warehouse licensed under section 13 and which is a hundred percent export oriented industry to be determined as such by the Board for the purpose of exemption from the provision of sub-section (2) of section 91; (tt) “warehouse” means of place appointed under section 12 or a place licensed under section 13; (u) “warehousing station” means a place declared as a warehousing station under section 11; (v) “wharf ” means any place in customs-port approved under clause (b) of section 10 for the loading and unloading of goods or any class of goods.",
"name": "Definitions",
"related_acts": "402",
"section_id": 2
},
{
"act_id": 354,
"details": "272A.Notwithstanding anything contained in any other law for the time being in force, or any other legal instrument having the force of law, the provisions of this Act shall have the effect.",
"name": "Act to override other laws",
"related_acts": "",
"section_id": 3
},
{
"act_id": 354,
"details": "283. For the purposes of this Act, the Board may, by notification in the official Gazette, appoint, in relation to any area or function specified in the notification, any person to be- 29(a) a Chief Commissioner of Coustoms; (aa) a Commissioner of Coustoms; (b) a Commissioner of Customs (Appeal); (c) a Commissioner of Customs (Bond); (d) a Commissioner of Customs (Valuation and Internal Audit); 30(dd) a Commissioner of Customs (Single Window); (e) a Director General (Customs Intelligence and Investigation); 31(f) a Director General (Audit, Intelligence and Investigation, Value Added Tax); (g) a Director General (Duty Exemption and Drawback); (h) a Director General (Training); 32(hh) a Director General, Central Intelligence Cell; 33(hhh) a Director General (Customs Risk Management Unit); 34(i) an Additional Commissioner of Customs or an Additional Director General or a Director (Central Intelligence Cell) 35or an Additional Director General (Customs Risk Management Unit); (j)a Joint Commissioner of Customs or a Director or a Joint Director (Central Intelligence Cell) 36or a Director General (Customs Risk Management Unit); (k) a Deputy Commissioner of Customs or a Deputy Director; (l) an Assistant Commissioner of Customs or an Assistant Director; 37 (ll) a Revenue Officer; (m) an officer of Customs with any other designation.",
"name": "Appointment of officers of Customs",
"related_acts": "",
"section_id": 4
},
{
"act_id": 354,
"details": "4. An officer of Customs appointed under section 3 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 or special order, impose such limitations or conditions on the exercise of such powers and discharge of such duties as it thinks fit.",
"name": "Powers and duties of officers of Customs",
"related_acts": "",
"section_id": 5
},
{
"act_id": 354,
"details": "385. 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- 39(a) any Additional Commissioner of Customs to exercise any of the powers of a Commissioner of Customs specified in clauses (a), (b), (c) and (d) of section 3; (b) \tany Joint Commissioner of Customs to exercise any of the powers of an Additional Commissioner of Customs or a Commissioner of Customs 40specified at clauses (a), (c) and (d) of section 3; (c) \tany Deputy Commissioner of Customs to exercise any of the powers of a Joint Commissioner of Customs or an Additional Commissioner of Customs; (d) \tany Assistant Commissioner of Customs to exercise any of the powers of a Deputy Commissioner of Customs; (e) \tany other officer of Customs to exercise any of the powers of an Assistant Commissioner of Customs.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 6
},
{
"act_id": 354,
"details": "416. (1) The Board may, by an official order, entrust, conditionally or unconditionally, any function of an officer of customs under this Act to any other officer of the Government. (2) No officer entrusted with any function of an officer of customs under sub-section (1) shall interfere in any manner in the performance of any function by an officer of customs in places notified under section 9.",
"name": "Entrustment of functions of customs officers to certain other officers",
"related_acts": "",
"section_id": 7
},
{
"act_id": 354,
"details": "427. Assistance to the officers of customs.- All officers and staffs of government and semi-government organizations, law enforcement agencies, security forces, autonomous bodies, statutory bodies, financial institutions, educational institutions, private organizations, local government and non-government organizations shall assist the officers of customs in the discharge of their functions under this Act.",
"name": "Assistance to the officers of Customs",
"related_acts": "",
"section_id": 8
},
{
"act_id": 354,
"details": "8. Notwithstanding anything contained in any other law, no officer of the Board or Commissioner of Customs and no other officer of Customs whom the Board or Commissioner of Customs deems it necessary to exempt on grounds of public duty, shall be compelled to serve on 43an inquest.",
"name": "Exemption from service on jury or inquest or as assessors",
"related_acts": "",
"section_id": 9
},
{
"act_id": 354,
"details": "9. The Board may, by notification in the official Gazette, declare- (a) \tthe ports and airports which alone shall be customs-ports or customs-airports for the unloading of imported goods and loading of goods for export or any class of such goods; (b) \tthe places which alone shall be land customs-stations 44or customs-inland container depot 45or customs inland-water container terminal for the clearance of goods or any class of goods imported or to be exported by land or inland waterways; (c) \tthe routes by which alone goods or any class of goods specified in the notification may pass by land or inland waterways into or out of Bangladesh, or to or from any land customs-station 46or customs stations or to or from any land frontier; (d) \tthe places which alone shall be ports for the carrying on of coastal trade with any specified customs-ports in Bangladesh; and (e) \twhat shall for the purposes of this Act be deemed to be a custom-house and the limits thereof.",
"name": "Declaration of customs-ports, customs-airports, etc.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 354,
"details": "10. The Board may, by notification in the official Gazette- (a) specify the limits of any customs-station; and (b) \tapprove proper places in any customs-station for the loading and unloading of goods or any class of goods.",
"name": "Power to approve landing places and specify limits of customs-stations",
"related_acts": "",
"section_id": 11
},
{
"act_id": 354,
"details": "11. The Board may, by notification in the official Gazette, declare places to be warehousing stations at which alone public warehouses may be appointed and private warehouses may be licensed.",
"name": "Power to declare warehousing stations",
"related_acts": "",
"section_id": 12
},
{
"act_id": 354,
"details": "12. At any warehousing station, the 47Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board may, from time to time, appoint public warehouses wherein dutiable goods may be deposited without payment of customs-duty.",
"name": "Power to appoint public warehouses",
"related_acts": "",
"section_id": 13
},
{
"act_id": 354,
"details": "48 13. (1) Subject to sub-section (2), at any warehousing station, the Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board may, license private warehouses wherein dutiable goods imported by or on behalf of the licensee, or any other imported goods in respect of which facilities for deposit in a public warehouse are not available, may be deposited. (2) The Board may, from time to time, by notification in the official Gazette, impose conditions, limitations or restrictions- (a) on granting licence for private warehouse; (b) on goods to be warehoused; and (c) on import entitlement of the warehouse. (3) The Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board may, suspend or cancel a licence granted under sub-section (1)- (a) if the licensee contravenes any provision of this Act or the rules made thereunder or commits breach of any of the conditions of the licence; or (b) in the case where, he deems fit, a license to be suspended or cancelled in the public interest: Provided that in case of cancellation of any licence, the licensee shall be served with a show cause notice of thirty days, and be given a reasonable opportunity of being heard. 49 (c) In case of suspension under clause (b), the Business Identification Number (BIN) of the licensee issued under মূল্য সংযোজন কর আইন, ১৯৯১ (১৯৯১ সনের ২২ নং আইন) shall remain suspended till the disposal of the matter.",
"name": "Licensing of Private warehouses",
"related_acts": "755",
"section_id": 14
},
{
"act_id": 354,
"details": "14. The Commissioner of Customs may, from time to time, appoint, in or near any customs-ports, stations or limits at or within which vessels arriving at or departing from such port shall bring to for the boarding or landing of officers of customs, and may, unless separate provisions therefore have been made under the Ports Act, 1908 (XV of 1908) direct at what particular place in any such port vessels, not brought into port by pilots, shall anchor or moor.",
"name": "Stations for officers of Customs to board and land",
"related_acts": "89",
"section_id": 15
},
{
"act_id": 354,
"details": "15. No goods specified in the following clauses shall be brought, whether by air or land or sea, into Bangladesh:- (a) counterfeit coin; (b) forged or counterfeit currency notes 50 and any other counterfeit product; (c) any obscene book, pamphlet, paper, drawing, painting, representation, figure, photograph, film or article 51 , video or audio recording, CDs or recording on any other media; (d) 52 goods having applied thereto a counterfeit trade mark within the meaning of the Penal Code ( Act XLV of 1860), or a false trade description within the meaning of the ট্রেডমার্ক আইন, ২০০৯ (২০০৯ সনের ১৯ নং আইন) (Trademarks Act, 2009 (Act No. 19 of 2009)); (e) goods made or produced outside Bangladesh and having applied thereto any name or trade mark, being or purporting to be the name or trade mark of any manufacturer, dealer or trader in Bangladesh unless- (i) the name or trade mark is, as to every application thereof, accompanied by a definite indication of the goods having been made or produced in a place outside Bangladesh; and (ii) the country in which that place is situated is in that indication shown in letters as large and conspicuous as any letter in the name or trade mark, and in the same language and character as the name or trade mark; (f) piece-goods manufactured outside Bangladesh (such as are ordinarily sold by length or by the piece), unless the real length thereof in standard 53 metres or other measurement for the time being applying in Bangladesh has been conspicuously stamped on each piece in Arabic numerals; 54 *** 55 (g) goods made or produced outside Bangladesh and intended for sale, and having applied thereto, a design in which copyright exists under the 56বাংলাদেশ পেটেন্ট আইন, ২০২২' href='/act-1401.html'>57বাংলাদেশ পেটেন্ট আইন, ২০২২ (২০২২ সনের ৫ নং আইন) and in respect of the class to which the goods belong and any fraudulent or obvious imitation of such design except when the application of such design has been made with the license or written consent of the registered proprietor of the design;58*** (h) goods or items produced outside Bangladesh involving infringement of কপিরাইট আইন, ২০০০ (২০০০ সনের ২৮ নং আইন) (Copyright Act, 2000 (Act No. 28 of 2000) or infringement of layout design of integrated circuit that are intended for sale or use for commercial purposes within the territory of Bangladesh59; and) 60(i) Goods made or produced outside Bangladesh in violation of the provisions of ভৌগোলিক নির্দেশক পণ্য (নিবন্ধন ও সুরক্ষা) আইন, ২০১৩ (২০১৩ সনের ৫৪ নং আইন) intended for sale or use for commercial purpose within the territory of Bangladesh. 61Provided that the Government may, by an order in writing, condone, subject to such conditions, limitations or restrictions, if any, as it thinks fit to impose, any Classes of goods from the provision mentioned in sub section (d), (e), (f), (g) and (h).",
"name": "Prohibitions",
"related_acts": "1010,846",
"section_id": 16
},
{
"act_id": 354,
"details": "16. The Government may, from time to time, by notification in the official Gazette, prohibit or restrict the bringing in to or taking out of Bangladesh of any goods of specified description by air, sea or land.",
"name": "Power to prohibit or restrict importation and exportation of goods",
"related_acts": "",
"section_id": 17
},
{
"act_id": 354,
"details": "6217. Where any goods are imported into or attempted to be exported out of Bangladesh in violation of the provisions of the section 15 or of a notification under section 16, such goods shall, without prejudice to any other penalty to which the offender may be liable under this Act, or any other law, be liable to be detained and confiscated and shall be disposed of in such a manner as may be prescribed.",
"name": "Detention and confiscation of goods imported in breach of section 15 or section 16",
"related_acts": "",
"section_id": 18
},
{
"act_id": 354,
"details": "63 18. (1) Except as hereinafter provided, customs-duties shall be levied at such rates as are prescribed in the First Schedule 64 * * * or under any other law for the time being in force on (a) goods imported into, or exported from, Bangladesh; (b) goods brought from any foreign country to any customs-station, and without payment of duty there, transhipped or transported for, or thence carried to, and imported at, any other customs station; and (c) goods brought in bond from one customs station to another 65 : 66Provided that no customs duty and regulatory duty under this Act or any other tax leviable under any other law for the time being in force shall, subject to such conditions, limitations or restrictions as the Board may, from time to time, by notification in the official Gazette, impose, be levied or collected in respect thereof, if the value of the goods for assessment purpose in any one consignment does not exceed two thousand taka. 67 (2) The Government may, by notification in the official Gazette, levy, subject to such conditions, limitations or restrictions as it may deem fit to impose, a regulatory duty on all or any of the goods specified in the First Schedule at the rate not exceeding 68 two times of the highest rate of customs-duty 69 * * * specified in the said Schedule. 70 Explanation.- The rate of regulatory duty on any such goods may be higher than that of the customs-duty leviable on that goods as prescribed in the said Schedule, provided such regulatory duty does not exceed 71 two times of the highest rate of customs-duty of that Schedule. (3) The regulatory duty levied under sub section (2) shall be in addition to any duty imposed under sub section (1) or under any other law for the time being in force. (4) Any notification issued under sub section (2) shall, if not earlier rescinded, stand rescinded on the expiry of the financial year in which it was issued. (5) and (6) Added by section 5 of অর্থ আইন, ১৯৯৩ (১৯৯৩ সনের ১৮ নং আইন) and subsequently omitted by section 5 of অর্থ আইন, ১৯৯ (১৯৯৫ সনের ১২ নং আইন)",
"name": "Goods dutiable",
"related_acts": "777",
"section_id": 19
},
{
"act_id": 354,
"details": "7218A. (1) Where any country or territory pays, bestows, directly or indirectly, any subsidy upon the manufacture or production therein or the exportation therefrom of any goods including any subsidy on transportation of such goods, then, upon the importation of any such goods into Bangladesh, whether the same is imported directly from the country of manufacture, production or otherwise, and whether it is imported in the same condition as when exported from the country of manufacture or production or has been changed in condition by manufacture, production or otherwise, the Government may, by notification in the official Gazette, impose a countervailing duty not exceeding the amount of such subsidy. Explanation.- For the purposes of this section, subsidy shall be deemed to exist, if- (a) there is financial contribution by a Government, or any public body within the territory of the exporting or producing country, that is, where- (i) a Government practice involves a direct transfer of funds (including grants, loans and equity infusion) or potential direct transfer of funds or liabilities or both; (ii) Government revenue that is otherwise due is forgone or not collected (including fiscal incentives); (iii) a Government provides goods or services other than general infrastructure or purchases goods; (iv) a Government makes payments to funding mechanism, or entrusts or directs a private body to carry out one or more of the type of functions specified in clauses (i), (ii) and (iii) which would normally be vested in the Government and the practice, in no real sense, differs from practices normally followed by Governments; or (b) a Government grants or maintains any form of income or price support, which operates directly or indirectly to increase export of any goods from, or to reduce import of any goods to its territory, and a benefit is thereby conferred. (2) The Government may, pending the determination of the amount of subsidy, in accordance with the provisions of this section and the rules made thereunder impose a countervailing duty under this sub-section not exceeding the amount of such subsidy as provisionally estimated by it and if such countervailing duty exceeds the subsidy as so determined,- (a) the Government shall, having regard to such determination and as soon as may be after such determination reduce such countervailing duty; and (b) refund shall be made of so much of such countervailing duty which has been collected as is in excess of the countervailing duty as so reduced. (3) Subject to any rules made by the Government, by notification in the official Gazette, the countervailing duty under sub-section (1) or sub-section (2) shall not be levied unless it is determined that- (a) the subsidy relates to export performance; (b) the subsidy relates to the use of domestic raw materials over imported raw materials in the exported goods; or (c) the subsidy has been conferred on a limited number of persons engaged in manufacturing, producing or exporting the goods unless such a subsidy is for- (i) research activities conducted by or on behalf of persons engaged in the manufacture, production or export; or (ii) assistance to disadvantaged regions within the territory of the exporting country; or (iii) assistance to promote adaptation of existing facilities to new environmental requirements. (4) If the Government, is of the opinion that the injury to the domestic industry which is difficult to repair, is caused by massive imports in a relatively short period, of the goods benefiting from subsidies paid or bestowed and where in order to preclude the recurrence of such injury, it is necessary to levy countervailing duty retrospectively, the Government may, by notification in the official Gazette, impose countervailing duty from a date prior to the date of imposition of countervailing duty under sub-section (2) but not beyond ninety days from the date of notification under that sub-section and notwithstanding anything contained in any law for the time being in force, such duty shall be payable from the date as specified in the notification issued under this sub-section. (5) The countervailing duty chargeable under this section shall be in addition to any other duty imposed under this Act or any other law for the time being in force. (6) The countervailing duty imposed under this section shall unless revoked earlier, cease to have effect on the expiry of five years from the date of such imposition: Provided that if the Government, in a review, is of the opinion that the cessation of such duty is likely to lead to continuation or recurrence of subsidisation and injury, it may, from time to time, extend the period of such imposition for a further period of five years and such further period shall commence from the date of order of such extension: Provided further that where a review initiated before the expiry of the aforesaid period of five years has not come to a conclusion before such expiry, the countervailing duty may continue to remain in force pending outcome of such a review for a further period not exceeding one year. (7) The amount of any subsidy referred to in sub-section (1) or sub-section (2) shall, from time to time, be ascertained and determined by the Government, after such inquiry as it may consider necessary and the Government may, by notification in the official Gazette, make rules for the identification of such goods and for the assessment and collection of any countervailing duty imposed upon the importation thereof under this section. (8) No proceeding for imposition of countervailing duty under this section shall commence unless the Bangladesh Tariff Commission, on receipt of a written application by or on behalf of a domestic industry, informs the Government that there is prima-facie evidence of injury which is caused by direct or indirect subsidy on any particular imported goods.",
"name": "Imposition of countervailing duty",
"related_acts": "",
"section_id": 20
},
{
"act_id": 354,
"details": "18B. (1) Where any goods are exported from any country or territory (hereinafter in this section referred to as the exporting country or territory) to Bangladesh at less than the normal value, then, upon the importation of such goods into Bangladesh, the Government may, by notification in the official Gazette, impose an anti-dumping duty not exceeding the margin of dumping in relation to such goods. Explanation.- For the purposes of this section,- (a) “margin of dumping”, in relation to any goods, means the difference between its export price and its normal value; (b) “export price”, in relation to any goods, means the price of the goods exported from the exporting country or territory and in cases where there is no export price or where the export price is unreliable because of association or a compensatory arrangement between the exporter and the importer or a third party, the export price may be constructed on the basis of the price at which the imported goods are first resold to an independent buyer, or if the goods are not resold to an independent buyer, or not resold in the condition as imported, on such reasonable basis as may be determined in accordance with the rules made under sub-section (6); (c) “normal value”, in relation to any goods, means- (i) the comparable price, in the ordinary course of trade, for the like goods when meant for consumption in the exporting country or territory as determined in accordance with the rules made under sub-section (6); or (ii) when there are no sales of the like goods in the ordinary course of trade in the domestic market of the exporting country or territory, or, when because of the particular market situation or low volume of the sales in the domestic market of the exporting country or territory, such sales do not permit a proper comparison, the normal value shall be either- (a) comparable representative price of the like goods when exported from the exporting country or territory or an appropriate third country as determined in accordance with the rules made under sub-section (6); or (b) the cost of production of the said goods in the country of origin along with reasonable addition for administrative, selling and general costs and for profits, as determined in accordance with the rules made under sub-section (6): Provided that in the case of import of the goods from a country other than the country of origin and where the goods have been merely transhipped through the country of export or such goods are not produced in the country of export, or there is no comparable price in the country of export, the normal value shall be determined with reference to the price in country of origin. (2) The Government may, pending the determination of the normal value and the margin of dumping in relation to any goods, in accordance with the provisions of this section and the rules made thereunder, impose on the importation of such goods into Bangladesh an anti-dumping duty on the basis of a provisional estimate of such value and margin and if such anti-dumping duty exceeds the margin as so determined- (a) the Government shall, having regard to such determination and as soon as may be after such determination, reduce such anti-dumping duty; and (b) refund shall be made of so much of the anti-dumping duty which has been collected as is in excess of anti-dumping duty as so reduced. (3) if the Government, in respect of the dumped goods under inquiry, is of the opinion that- (i) there is a history of dumping which caused injury or that the importer was, or should have been, aware that the exporter practices dumping and that such dumping cause injury; and (ii) the injury is caused by massive dumping of goods imported in a relatively short time which in light of the timing and the volume of imported goods dumped and other circumstances, is likely to seriously undermine the remedial effect of the anti-dumping duty liable to be levied, the Government may, by notification in the official Gazette, levy anti-dumping duty retrospectively from a date prior to the date of imposition of anti-dumping duty under sub-section (2) but not beyond ninety days from the date of notification under that sub-section and notwithstanding anything contained in any law for the time being in force, such duty shall be payable at such rate and from such date as may be specified in the notification. (4) The anti-dumping duty chargeable under this section shall be in addition to any other duty imposed under this Act or any other law for the time being in force. (5) The anti-dumping duty imposed under this section shall, unless revoked earlier, cease to have effect on the expiry of five years from the date of such imposition: Provided that if the Government, in a review, is of the opinion that the cessation of such duty is likely to lead to continuation or recurrence of dumping and injury, it may, from time to time, extend the period of such imposition for a further period of five years and such further period shall commence from the date of order of such extension: Provided further that where a review initiated before the expiry of the aforesaid period of five years has not come to a conclusion before such expiry, the anti-dumping duty may continue to remain in force pending the outcome of such a review for a further period not exceeding one year. (6) The margin of dumping as referred to in sub-section (1) or sub-section (2) shall, from time to time, as ascertained and determined by the Government after such inquiry as it may consider necessary and the Government may, by notification in the official Gazette, make rules for the purposes of this section and without prejudice to the generality of the foregoing, such rules may provide for the manner in which goods liable for any anti-dumping duty under this section may be identified and for the manner in which the export price and the normal value of and the margin of dumping in relation to such goods may be determined and for the assessment and collection of such anti-dumping duty. (7) No proceeding for imposition of anti-dumping duty under this section shall commence unless the Bangladesh Tariff Commission, on receipt of a written application by or on behalf of a domestic industry, informs the Government that there is prima-facie evidence of injury which is caused by dumping on any particular imported goods.",
"name": "Imposition of anti-dumping duty",
"related_acts": "",
"section_id": 21
},
{
"act_id": 354,
"details": "18C. (1) Notwithstanding anything contained in section 18A or section 18B- (a) no goods shall be subjected to both countervailing duty and anti-dumping duty to compensate for the same situation of dumping or export subsidisation; (b) The Government shall not levy any countervailing duty or anti-dumping duty- (i) under section 18A or section 18B by reasons of exemption of such goods from duties or taxes borne by the like goods when meant for consumption in the country of origin or exportation or by reasons of refund of such duties or taxes; (ii) under sub-section (1) of each of these sections, on the import into Bangladesh of any goods from a member country of the World Trade Organization or from a country with which the Government of the People's Republic of Bangladesh has a most favoured nation agreement (hereinafter referred as a specified country), unless in accordance with the rules made under sub-section (2) of this section, a determination has been made that import of such goods into Bangladesh causes or threatens to cause material injury to any established industry in Bangladesh or materially retards the establishment of any industry in Bangladesh; and (iii) under sub-section (2) of each of these sections on import into Bangladesh of any goods from the specified countries unless in accordance with the rules made under sub-section (2) of this section, preliminary findings have been made of subsidy or dumping and consequent injury to domestic industry; and a further determination has also been made that a duty is necessary to prevent injury being caused during the investigation: Provided that nothing contained in sub-clauses (ii) and (iii) of clause (b) shall apply if a countervailing duty or an anti-dumping duty has been imposed on any goods to prevent injury or threat of an injury to the domestic industry of a third country exporting the like goods to Bangladesh; (c) The Government may not levy- (i) any countervailing duty under section 18A, at any time, upon receipt of satisfactory voluntary undertaking from the Government of the exporting country or territory agreeing to eliminate or limit the subsidy or take other measures concerning its effect, or the exporter agreeing to revise the price of the goods and if the Government is satisfied that injurious effect of the subsidy is eliminated thereby; (ii) any anti-dumping duty under section 18B, at any time upon receipt of satisfactory voluntary undertaking from any exporter to revise its prices or to cease exports to the area in question at dumped price and if the Government is satisfied that the injurious effect of dumping is eliminated by such action. (2) The Government may, by notification in the official Gazette, make rules for the purposes of this section, and without prejudice to the generality of the foregoing, such rules may provide for the manner in which any investigation may be made for the purposes of this section, the factors to which regard shall be paid in any such investigation and for all matters connected with such investigation.",
"name": "No imposition under section 18A or 18B in certain cases",
"related_acts": "",
"section_id": 22
},
{
"act_id": 354,
"details": "18D. (1) An appeal against the order of determination or review thereof regarding the existence, degree and effect of any subsidy or dumping in relation to import of any goods shall lie to the Customs, Excise and মূল্য সংযোজন কর Appellate Tribunal constituted under section 196. (2) Every appeal under this section shall be filed within ninety days of the date of order under appeal: Provided that the Appellate Tribunal may entertain any appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) The Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the order appealed against. (4) Every appeal under sub-section (1) shall be heard by a special Bench constituted by the President of the Appellate Tribunal for hearing such appeals and such Bench shall consist of the President and not less than two members and shall include one technical member and one judicial member.",
"name": "Appeal against imposition of countervailing or anti-dumping duty",
"related_acts": "",
"section_id": 23
},
{
"act_id": 354,
"details": "7318E. (1) If the Government, after conducting such enquiry as it deems fit, is satisfied that any article is being imported into Bangladesh in such increased quantities and under such conditions that such importation may cause or threaten to cause serious injury to domestic industry, it may, by notification in the official Gazette, impose a safeguard duty on that article: Provided that the Government, may, by notification in the official Gazette, exempt any goods from the whole or any part of safeguard duty leviable thereon, subject to such conditions, limitations or restrictions as it thinks fit to impose. (2) The Government may, pending the determination under sub-section (1) of the injury or threat thereof, impose a provisional safeguard duty on the basis of a preliminary determination in the prescribed manner that increased imports have caused or threatened to cause serious injury to a domestic industry: Provided that where, on final determination, the Government is of the opinion that increased imports have not caused or threatened to cause serious injury to a domestic industry, it shall refund the duty so collected: Provided further that the provisional safeguard duty shall not remain in force for more than two hundred days from the date on which it was imposed. (3) The duty chargeable under this section shall be in addition to any other duty imposed under this Act or under any other law for the time being in force. (4) The duty imposed under this section shall, unless revoked earlier, cease to have effect on the expiry of four years from the date of such imposition: Provided that if the Government is of the opinion that the domestic industry has taken measures to adjust to such injury or threat thereof and it is necessary that the safeguard duty should continue to be imposed, it may extend the period of such imposition: Provided further that in no case the safeguard duty shall continue to be imposed beyond a period of ten years from the date on which such duty was first imposed. (5) The Government may, by notification in the official Gazette, make rules for the purposes of this section, and without prejudice to the generality of the foregoing, such rules may provide for the manner in which articles liable for safeguard duty may be identified and for the manner in which the causes of serious injury or causes of threat of serious injury in relation to such articles may be determined and for the assessment and collection of such safeguard duty. (6) For the purposes of this section,- (a) “domestic industry” means the producers- (i) as a whole of the like article or a directly competitive article in Bangladesh; or (ii) whose collective output of the like article or a directly competitive article in Bangladesh constitutes a major share of the total production of the said article in Bangladesh; (b) “serious injury” means an injury causing significant overall impairment in the position of a domestic industry; (c) “threat of serious injury” means a clear and imminent danger of serious injury.",
"name": "Imposition of safeguard duty",
"related_acts": "",
"section_id": 24
},
{
"act_id": 354,
"details": "19. 74(1) 75If the Government is satisfied, after consultation with the Board, that it is necessary in the public interest to do so, it may, subject to such conditions, limitations or restrictions, if any, as it thinks fit to impose, by notification in the official Gazette, exempt any goods imported into, or exported from, Bangladesh or into or from any specified port or station or area therein, from the whole or any part of the customs-duties chargeable thereon 76: Provided that if, in a financial year, exemption under this sub-section is given in respect of any goods, the rate of duty cannot be changed more than once in that year so as to increase that rate. 77(2) An exemption granted under sub-section (1) shall be effective from the date mentioned in the notification issued under that sub-section.",
"name": "General power to exempt from customs-duties",
"related_acts": "",
"section_id": 25
},
{
"act_id": 354,
"details": "20. 79If the 80Government is satisfied that it is necessary in the public interest to do so, it may, under circumstances of exceptional nature, subject to such conditions, limitations or restrictions, if any, as it thinks fit to impose, by a special order in each case recording such circumstances, exempt any goods from payment of the whole or any part of the customs-duties chargeable thereon.",
"name": "Government’s power to grant exemption from duty in exceptional circumstances",
"related_acts": "",
"section_id": 26
},
{
"act_id": 354,
"details": "21. Subject to such conditions, limitations or restrictions, as it thinks fit to impose, the Board 81or any other authority authorised by the Board in writing in this behalf may, in such general cases as may be prescribed by rules or in particular cases by special order, authorise- (a) the delivery without payment of the customs-duties chargeable thereon of goods which are imported only temporarily with a view to subsequent exportation; (b) the delivery without payment of the whole or any part of the customs-duties chargeable thereon of imported goods of such classes or descriptions, as it may prescribe, intended to be used in the production, manufacture, processing, repair or refitting in Bangladesh of goods of such classes or descriptions as it may prescribe; and (c) \tthe repayment in whole or in part of the customs-duties paid on the importation of any goods of such classes or descriptions as it may prescribe, which have been used in the production, manufacture, processing, repair or refitting in Bangladesh of goods of such classes or descriptions as it may prescribe, provided such repayment shall not be made in respect of the class or description of goods for which drawback can be claimed under section 37.",
"name": "Power to deliver certain goods without payment of duty and to repay duty on certain goods",
"related_acts": "",
"section_id": 27
},
{
"act_id": 354,
"details": "22. If goods produced or manufactured in and exported from Bangladesh are subsequently imported into Bangladesh, such goods shall be liable to customs-duty and be subject to all the conditions and restrictions, if any, to which goods of the like kind and value not so produced or manufactured are liable on the importation thereof: Provided if such goods have been imported within two years of their exportation 82*** and have not undergone any processing since their exportation, the appropriate officer not below the rank of an Assistant Commissioner of Customs may admit the goods- 83(a) where at the time of exportation of such goods, drawback was allowed, on payment of the amount of such drawback; (b) where such goods were exported from any bonded warehouse, without payment of - (i) the duties and taxes chargable on the imported materials, if any, used in the manufacture of such goods ; or (ii) the duties and taxes chargable on the indigenous raw materials, if any, used in the manufacture or such goods; or (iii) the duties and taxes, if any, chargable on such indigenous goods; on payment of customs-duty equal to the aggregate amount of all such duties and taxes calculated at the rates prevailing at the time and place of importation of goods; or 84(c) in any other case, without payment of customs-duty.",
"name": "Re-importation of goods produced or manufactured in Bangladesh",
"related_acts": "",
"section_id": 28
},
{
"act_id": 354,
"details": "23. All goods, derelict, jetsam, flotsam and wreck, brought or coming into Bangladesh, shall be dealt with as if they were imported into Bangladesh.",
"name": "Goods, derelict, wreck, etc.",
"related_acts": "",
"section_id": 29
},
{
"act_id": 354,
"details": "24. Goods produced or manufactured in Bangladesh and required as provisions and stores on any conveyance proceeding to any foreign port, airport or station may be exported free of customs-duty, 85 and Value Added Tax (মূল্য সংযোজন কর ) in such quantities as the appropriate officer may determine having regard to the size of the conveyance, the number of passengers and crew and the length of the voyage or journey on which the conveyance is about to depart.",
"name": "Provisions and stores may be exported free of duty",
"related_acts": "",
"section_id": 30
},
{
"act_id": 354,
"details": "8725. (1) 88Whenever customs-duty is leviable on any goods by reference to their value, the actual price, that is, the price actually paid or payable, or the nearest ascertainable equivalent of such price, at which such or like goods are ordinarily sold, or offered for sale, for delivery at the time and place of importation or exportation, as the case may be, in course of international trade under fully competitive conditions, where the seller and the buyer have no interest in the business of each other and the price is the sole consideration for sale or offer for sale, shall be the value. 89Explanation.- For the purposes of this sub-section, the expression- 90(a) \t“the time of importation” means the date on which a bill of entry is delivered under section 79; and (b) “the time of exportation” means the time when the bill of export is delivered under section 131, or when export of the goods is allowed 91under that section without a bill of export or in anticipation of the presentation of a bill of export, the time when the goods is taken to the customs port or customs airport or customs station for the purpose of export; (c) (i) \t“the place of importation” means the customs port or customs airport or the customs station at which the bill of entry is first submitted; and (ii) \t“place of exportation” means the customs port or the station at which the bill of export is submitted. (2) Subject to the provisions of sub-section (1), the price referred to in that sub-section in respect of imported goods shall be determined in accordance with the rules made in this behalf. (3) Notwithstanding anything contained in this section, the Government may, by notification in the official Gazette, fix, for the purpose of levying customs duties, tariff values 92or minimum values for any goods imported or exported as chargeable with customs-duty ad valorem: Provided that any imported or exported goods, the declared value of which is higher than its tariff value fixed under this sub-section, shall be chargeable with customs duties on the basis of its declared value. 93(4) The average rate of exchange prevailing during the thirty days preceding the last working day of the third week of the month preceding the month during which the bill of entry or the bill of export is delivered under sections 79 or 131 or electronically transmitted to the Customs computer system shall be the rate of exchange for the computation of the value of any imported or exported goods and such rate shall be fixed by the Board or by such officer as the Board may authorise in this behalf. (5) For the purpose of this section 94* * *- (a) “rate of exchange” means the rate of exchange determined by the Government for the conversion of Bangladesh currency into foreign currency or foreign currency into Bangladesh currency; (b) “foreign currency” and “Bangladesh currency” have the meaning respectively assigned to them in the Foreign Exchange Regulation Act, 1947 (VII of 1947). 95(6) For the purposes of sub-section (1)- (a) \tthe value of any goods shall include the freight, insurance, commission and all other costs, charges and expenses incidental to the sale and delivery at the place of importation or exportation; and (b) \tthe Board may, by notification in the official Gazette, fix the freight for the transportation of any goods or class of goods by aircraft that are delivered or could have been delivered at a Customs airport to the buyer.",
"name": "Value of goods for assessment purposes",
"related_acts": "218",
"section_id": 31
},
{
"act_id": 354,
"details": "9625A. 97(1) For the purposes of this Act, the Government may, by notification in the official Gazette- (a) appoint pre-shipment inspection agencies and audit agencies, and (b) determine the scope and manner of certification, and also the scope and manner of audit, and any matter related to such certification and audit. 98(2) The Government may, by notification in the official Gazette, declare that the quality, quantity, price, description and customs classification of any goods verified and certified in the prescribed manner by a pre-shipment inspection agency shall be accepted as the basis for assessment, unless otherwise prescribed. (3) For the purposes of this section, “price” means value of the goods determined in accordance with sub-sections (1) and (2) of section 25.",
"name": "Pre-shipment inspection agencies and assessment on the basis of their \tcertificates",
"related_acts": "",
"section_id": 32
},
{
"act_id": 354,
"details": "9910025B. Notwithstanding anything contained in this Act, it is optional for the importers to have their importable goods inspected by a pre-shipment inspection agency before or at the time of shipment of those goods on board a vessel, aircraft or other conveyance.",
"name": "Optional pre-shipment Inspection.",
"related_acts": "",
"section_id": 33
},
{
"act_id": 354,
"details": "25C. The Government may, by notification in the official Gazette, impose pre-shipment inspection service charge on imported goods required to be inspected by pre-shipment inspection agencies at a rate not exceeding one per cent of the value of such goods and this charge shall be collected as if it were a customs-duty leviable under section 18(1).",
"name": "Pre-shipment inspection service charge",
"related_acts": "",
"section_id": 34
},
{
"act_id": 354,
"details": "10126. (1) Where- (a) \tan officer of Customs has reasons to believe that goods have been unlawfully imported, exported, under valued or overvalued, entered, removed, or otherwise unlawfully dealt with by any person contrary to this Act or that any person attempts to import, export, under or overvalue, enter, remove or otherwise deal with any goods; or (b) goods have been seized under this Act, an officer of Customs not below the rank of an Assistant Commissioner may, by notice in writing, require that person or any person whom the officer suspects to be or to have been the owner, importer or exporter of those goods, or agent thereof, as the case may be, as and when required, to produce and deliver to the officer or to any other specified Customs officer all books of account, invoice books, or other books, records or documents in which any entry or memorandum appears or may be supposed to appear in respect of the purchase, importation, exportation, cost, or value of, or payment for, the goods and any other goods so imported or exported or otherwise dealt with within a period of three years preceding the date of the notice. (2) In addition to the requirements of sub-section (1) of this section, an officer of Customs not below the rank of an Assistant Commissioner may require the owner or importer or exporter of those goods, or agent thereof, as the case may be, as and 102when necessary, to- (a) \tproduce for the inspection of the officer or any specified Customs officer, and allow the officer to make copies of or extracts from, any of the documents, books, or records referred to in sub-section (1), 103* * * 104(aa) transmit or send, by electronic or other means, the information contained in those documents, books or records, and (b) \tanswer any question concerning those documents, books, or records.",
"name": "Requisition to produce documents",
"related_acts": "",
"section_id": 35
},
{
"act_id": 354,
"details": "26A. An officer of Customs not below the rank of Joint Commissioner may, by notice in writing, require any person (including any officer employed in or in connection with any Government department, Corporation, or local authority, or any officer employed in or in connection with any bank 105 , operator as defined in section 2(19) of বাংলাদেশ টেলিযোগাযোগ নিয়ন্ত্রণ আইন, ২০০১ or any statutory authority, as and when required to- (a) produce for inspection by an officer of Customs any documents or records 106 including any modes of communication using telecommunication or radio apparatus that the Joint Commissioner considers necessary or relevant to an investigation or audit under this Act; (b) allow the officer of Customs to make copies of or extracts from any such documents or records; (c) appear before the Joint Commissioner of Customs and answer all questions put to him concerning any goods or any transactions relating to those goods that are the subject of any such investigation, or concerning the documents or records that are relevant to any such investigation.",
"name": "Further powers in relation to documents",
"related_acts": "857",
"section_id": 36
},
{
"act_id": 354,
"details": "26B. (1) A Customs officer may take possession of and retain any document or record presented in connection with any entry or required to be produced under this Act. (2) Where the Customs officer takes possession of a document or record under sub-section (1) of this section, the said officer shall, at the request of the person otherwise entitled to the document or record, provide that person with a copy of the document certified by him or on his behalf under the seal of the Customs as a true copy. (3) Every copy so certified shall be admissible as evidence in all Courts as if it were the original.",
"name": "A Customs officer may take possession of and retain documents and records",
"related_acts": "",
"section_id": 37
},
{
"act_id": 354,
"details": "26C. (1) Where an officer of Customs or an authorised person carries out any lawful search, inspection, audit, or examination under this Act, and has reasonable cause to believe that documents coming into his possession during such search, inspection, audit, or examination are evidence of the commission of an offence under this Act, he may remove the documents for the purpose of making copies. (2) The documents or records so removed must, as soon as practicable after copies thereof have been made, be returned to the person otherwise entitled to them. (3) A copy of any such document certified by or on behalf of the officer of Customs under the seal of the Customs shall be admissible in evidence in all Courts as if it were the original.",
"name": "Copying of documents obtained during search",
"related_acts": "",
"section_id": 38
},
{
"act_id": 354,
"details": "26D. (1) Where an officer of Customs or an authorised person carries out any lawful search, inspection, audit, or examination under this Act, and has reasonable cause to believe that any document or goods coming into his possession during such search, inspection, audit, or examination are evidence of the commission of an offence under this Act, or are intended to be used for the purpose of committing any offence under this Act, the officer or his authorised person may take possession of and retain the documents or goods, as the case may be. (2) Where an officer of Customs or his authorised person takes possession of a document under sub-section (1) of this section, he shall, at the request of the person otherwise entitled to the document, provide that person with a copy of the document certified by or on behalf of the Customs officer under the seal of the Customs as a true copy. (3) Every copy so certified shall be admissible in evidence in Courts as if it were the original.",
"name": "Retention of documents and goods obtained during search",
"related_acts": "",
"section_id": 39
},
{
"act_id": 354,
"details": "10727. 108(1) Where, at the time of first examination, of any imported goods, it is shown by the owner in writing to the satisfaction of an officer not below the rank of an Assistant Commissioner of Customs- (a) \tthat the goods had been damaged or had deteriorated at any time before or during their landing; or (b) \tthat the goods 109* * * had been damaged, at any time after landing but before such examination, by accident and not due to any wilful act, negligence or default of the importer or his agents; the value of such goods shall, on a written application made by the owner of the goods, be appraised by an appropriate officer of Customs, and the owner shall be allowed abatement of duty in proportion to the diminution in value of the goods as so appraised. (2) Where it is shown, in writing by the owner of any imported goods to the satisfaction of the Commissioner of Customs that the goods have been 110damaged, deteriorated, lost or destroyed by an accident or force majeure, after importation but before clearance thereof for home consumption, the Commissioner of Customs may, on an application made by the owner, furnishing all particulars necessary to establish the fact of such 111damage, deterioration, loss or destruction, remit or repay any duty chargeable or paid on such goods. Explanation.- For the purpose of this sub-section, “force majeure” means an act of God. 112(3) Where it is shown to the satisfaction of the Commissioner of Customs that any warehoused goods had been damaged at any time before clearance for home-consumption by an accident or force majeure, the Commissioner of Customs may, on an application from the owner of the goods furnishing all particulars necessary to establish the fact of such damage, allow the value of such goods to be appraised by an appropriate officer of Customs and the owner of the goods shall be allowed abatement of duty in proportion to the diminution in value of the goods as so appraised.",
"name": "Abatement of duty on damaged, deteriorated, lost, or destroyed goods",
"related_acts": "",
"section_id": 40
},
{
"act_id": 354,
"details": "28. When by any law for the time being in force a duty lower than that prescribed by 113this Act, is imposed on denatured spirit, any such spirit imported into Bangladesh may, subject to rules, be tested and if necessary adequately denatured by officers of customs, at the expense of the person importing the same, before the customs-duty is charged thereon.",
"name": "Power to test and denature imported spirit",
"related_acts": "",
"section_id": 41
},
{
"act_id": 354,
"details": "29. Except as provided in section 88, no amendment of a bill of entry or bill of export relating to goods assessed for duty on the declared value, quantity or description thereof shall be allowed after such goods have been removed from the customs-area.",
"name": "Restriction on amendment of bill of entry or bill of export",
"related_acts": "",
"section_id": 42
},
{
"act_id": 354,
"details": "11530. The rate of duty 116value and exchange rate applicable to any imported goods, shall be the rate of duty, value and exchange rate in force,- (a) \tin the case of goods cleared for home consumption under section 79, on the date a bill of entry is presented under that section and a bill of entry number is allocated thereto; (b) \tin the case of goods cleared from a warehouse for home consumption under section 104, on the date 117a bill of entry was presented under section 79 and the bill of entry number was allocated thereto; and (c) \tin the case of any other goods, on the date of payment of duty: Provided that if a bill of entry is presented in anticipation of arrival of a conveyance by which the goods are imported, the relevant date for the purpose of this section shall be the date on which the manifest of the conveyance is delivered after its arrival.",
"name": "Date for determination of rate of duty, value and exchange rate for imported goods",
"related_acts": "",
"section_id": 43
},
{
"act_id": 354,
"details": "11830A. Notwithstanding anything contained in any other law for the time being in force or any decision of any Court, for the purposes of section 30, the value and the rate of duty applicable to any goods shall respectively include the value as determined under section 25 and any amount of duty imposed under section 18, 18A or 18B and the amount of duty that may have become payable in consequence of the withdrawal of the whole or any part of the exemption or concession from duty whether before or after the conclusion of a contract or agreement for the sale of such goods or opening of a letter of credit in respect thereof.",
"name": "Value and effective rate of duty",
"related_acts": "",
"section_id": 44
},
{
"act_id": 354,
"details": "11931. The rate of duty applicable to, and the rate of exchange for computation of the value of, any goods exported shall be the rate of duty or, as the case may be, the rate of exchange prevailing on the date of the delivery of the bill of export under section 131: Provided that where the export of any goods is permitted without a bill of export or in anticipation of the delivery of such a bill, the rate of duty applicable to, and the rate of exchange for the computation of the value of, such goods shall be the rate of duty or, as the case may be, the rate of exchange applicable on the date on which loading of the goods on the outgoing conveyance commences.",
"name": "Date for determination of export duty",
"related_acts": "",
"section_id": 45
},
{
"act_id": 354,
"details": "32. (1) If any person, in connection with any matter of customs,- (a) makes or signs or causes to be made or signed, or delivers or causes to be delivered to an officer of Customs any declaration, notice, certificate or other document whatsoever, or (b) \tmakes any statement in answer to any question put to him by an officer of Customs which he is required by or under this Act to answer, 120or 121(c) transmits any statement, document, information or record through electronic device or produces soft copy thereof, and such document or statement is untrue in any material particular, he shall be guilty of an offence under this section. (2) Where, by reason of any such document or statement as aforesaid or by reason of some collusion, any duty or charge has not been levied or has been short-levied or has been erroneously refunded, the person liable to pay any amount on that account shall be served with a notice 122*** requiring him to show cause why he should not pay the amount specified in the notice. (3) Where, by reason of any inadvertence, error or misconstruction, any duty or charge 123amounting to not less than one thousand Taka has not been levied or has been short-levied or has been erroneously refunded, the person liable to pay any amount on that account shall be served with a notice within 124five years of the relevant date requiring him to show cause why he should not pay the amount specified in the notice. (4) The appropriate officer, after considering the representation, if any, of such person as is referred to in sub-section (2) of sub-section (3) shall determine the amount of duty payable by him which shall in no case exceed the amount specified in the notice, and such person shall pay the amount so determined 125: Provided that where the amount so determined is less than one thousand Taka, the person concerned shall not be required to make the payment. (5) For the purposes of this section, the expression “relevant date” means- (a) \tin any case where duty is not levied, the date on which an order for the clearance of goods is made; (b) \tin a case where duty is provisionally assessed under section 81, the date of adjustment of duty after its final assessment; (c) \tin a case where duty has been erroneously refunded, the date of its refund; (d) \tin any other case, the date of payment of duty or charge.",
"name": "Untrue statement, error, etc.",
"related_acts": "",
"section_id": 46
},
{
"act_id": 354,
"details": "33. (1) No refund of any customs-duties or charges claimed to have been paid or over-paid through inadvertence, 127error, misconstruction or in any other way shall be allowed, unless such claim is made within 128six months of the date of payment 129: Provided that where the amount so claimed is less than one thousand Taka, refund shall not be allowed. (2) In the case of provisional payments made under section 8l, the said period of 130six months shall be reckoned from the date of the adjustment of duty after its final assessment.",
"name": "Refund to be claimed within six months",
"related_acts": "",
"section_id": 47
},
{
"act_id": 354,
"details": "34. An officer of Customs, not below the rank of Assistant Commissioner of Customs may, in the case of any mercantile firm or public body, if he so thinks fit, instead of requiring payment of customs-duties or charges as and when they become due, keep with such firm or body an account-current of such duties and charges, which account shall be settled at intervals of not exceeding one month, and such firm or body shall make a deposit or furnish a security sufficient in the opinion of that officer to cover the amount which may at any time be payable by it in respect of such duties or charges.",
"name": "Power to give credit for, and keep account current of, duties and charges",
"related_acts": "",
"section_id": 48
},
{
"act_id": 354,
"details": "35. Subject to the subsequent provisions of this Chapter and the rules, when any goods, capable of being easily identified, which have been imported into Bangladesh and upon which customs-duties have been paid on importation, are exported to any place outside Bangladesh or as provisions or stores for use on board a conveyance proceeding to a foreign territory, 131such duties, not exceeding seven-eighths thereof, shall be repaid as drawback, subject to the following conditions, namely:- (1) the goods are identified to the satisfaction of an officer of Customs not below the rank of Assistant Commissioner of Customs at the customs-station, to be the same as had been imported, and (2) the goods are entered for export within two years of the date of their importation, as shown by the records of the custom-house or if such time is extended by the Board or the Commissioner of Customs for sufficient cause within such extended time: Provided that the Commissioner of Customs shall not extend the time beyond three years of the importation of such goods. Explanation.- For the purposes of this section, the goods shall be deemed to have been entered for export on the date on which the bill of export is delivered to the appropriate officer under section 131.",
"name": "Drawback of the export on imported goods",
"related_acts": "",
"section_id": 49
},
{
"act_id": 354,
"details": "36. Notwithstanding anything contained in section 35, the repayment of duty as drawback in respect of goods which have been taken into use between their importation and subsequent exportation shall be made in accordance with the provisions of the rules made in that behalf.",
"name": "Drawback on goods taken into use between importation and \texportation",
"related_acts": "",
"section_id": 50
},
{
"act_id": 354,
"details": "37. Where it appears to the Board that in respect of goods of any class or description manufactured in Bangladesh and exported to any place outside Bangladesh, a drawback of customs-duties should be allowed on any imported goods of a class or description used in the manufacture of such exported goods, the Board may, by notification in the official Gazette, direct that drawback shall be allowed in respect of such imported goods to such extent and subject to such condition as may be provided in the rules.",
"name": "Drawback on goods used in the manufacture of goods which are exported",
"related_acts": "",
"section_id": 51
},
{
"act_id": 354,
"details": "38. (1) The Board may, from time to time, by notification in the official Gazette, declare what goods shall, for the purposes of this Chapter, be deemed to be not capable of being easily identified. (2) The Government may, from time to time, by notification in the official Gazette, prohibit the payment of drawback upon the exportation of goods or any specified goods or class of goods to any specified foreign port or territory.",
"name": "Power to declare what goods are identifiable and to prohibit drawback in case of specified foreign territory",
"related_acts": "",
"section_id": 52
},
{
"act_id": 354,
"details": "39. Notwithstanding anything hereinbefore contained, no drawback shall be allowed- (a) \tupon goods which are required to be included in the export manifest and are not so included, or (b) \twhen the claim is for drawback amounting, in respect of any single shipment, to less than hundred Taka, or (c) \tunless the claim for drawback has been made and established at the time of export 132or within six months from the date of export.",
"name": "When no drawback allowed",
"related_acts": "",
"section_id": 53
},
{
"act_id": 354,
"details": "40. No such payment of drawback shall be made until the vessel carrying the goods has put out to sea or other conveyance has left Bangladesh.",
"name": "Time of payment of drawback",
"related_acts": "",
"section_id": 54
},
{
"act_id": 354,
"details": "41. Every person, or his duly authorised agent, claiming drawback on any goods duly exported shall make and subscribe a declaration that such goods have been actually exported and have not been re-landed and are not intended to be re-landed at any place in Bangladesh and that such person was at the time of entry outwards and export and continues to be entitled to drawback thereon.",
"name": "Declaration by parties claiming drawback",
"related_acts": "",
"section_id": 55
},
{
"act_id": 354,
"details": "42. (1) The person-in-charge of a conveyance entering Bangladesh from any place outside Bangladesh shall not cause or permit the conveyance to call or to land in the first instance at any place other than a customs-station. (2) The provisions of sub-section (1) shall not apply in relation to any conveyance which is compelled by accident, stress of weather or other unavoidable cause to call or land at a place other than a customs-station but the person-in-charge of any such conveyance- (a) \tshall immediately report its arrival to the nearest officer of Customs or the Officer-in-Charge of the police-station and shall on demand produce before him either the cargo book or the manifest or the log-book belonging to such conveyance; (b) \tshall not, without the consent of any such officer, permit any goods carried in the conveyance to be unloaded from, or any of the crew or passenger to depart from its vicinity; (c) \tshall comply with any direction given by such officer with respect to any such goods; and no passenger or member of the crew shall, without the consent of any such officer, leave the vicinity of the conveyance: Provided that nothing in this section shall prohibit the departure of any passenger or member of the crew from the vicinity of, or the removal of goods from, the conveyance where such departure or removal is necessary for reasons of health, safety or the preservation of life or property.",
"name": "Arrival of conveyance",
"related_acts": "",
"section_id": 56
},
{
"act_id": 354,
"details": "43. (1) The Board may, by notification in the official Gazette, fix a place in any river or port beyond which no vessel arriving shall pass until an import manifest has been delivered to the pilot, 133officer of Customs, or other person duly authorised to receive the same, or as the case may be, until the manifest has been transmitted to the Customs computer system by a registered user. (2) If in any river or port wherein a place has been fixed by the Board under this section, the master of any vessel arriving remains outside or below the place so fixed, such master shall, nevertheless, within twenty-four hours after the vessel anchors, deliver an import manifest to the pilot, officer of Customs or other person duly authorised to receive the same. (3) If any vessel arrives at any customs-port in which a place has not been so fixed, the master of such vessel shall, within twenty-four hours after such vessel has anchored within the limits of the port, deliver an import manifest to the pilot, officer of Customs or other person authorised to receive the same 134: Provided that if an officer not below the rank of 135Revenue Officer is satisfied that the master of the vessel was prevented by circumstances beyond his control from delivering the import manifest within twenty-four hours after the vessel anchored outside or below the place fixed by the Board under sub-section (1), allow it to be delivered within a further period of twenty-four hours or immediately after the first lighter vessel takes berth, whichever is earlier. (4) Notwithstanding anything hereinbefore contained, the appropriate officer may allow an import manifest to be delivered in anticipation of the arrival of a vessel. 136(5) The Board may, by notification in the official gazette, specify the procedures for submitting a complete electronic import manifest by the master of the vessel or his authorized agent prior to the departure of the vessel from the last port of call.",
"name": "Delivery of import manifest in respect of a vessel",
"related_acts": "",
"section_id": 57
},
{
"act_id": 354,
"details": "44. The person-in-charge of a conveyance other than a vessel shall, within twenty-four hours after arrival thereof at a land customs-airport or customs-stations, as the case may be, deliver an import manifest to the appropriate officer 137or if the person-in-charge is a registered user, he may transmit the manifest to the Customs computer system138: 139Provided that the Board may, by notification in the official gazette, specify the procedures for submitting complete electronic cargo, advance passenger manifest and crew information by the person-in-charge of an aircraft or his authorized agent prior to the departure of the aircraft from the last port of call.",
"name": "Delivery of import manifest in respect of a conveyance other than a vessel",
"related_acts": "",
"section_id": 58
},
{
"act_id": 354,
"details": "45. (1) Every manifest delivered under section 43 or section 44 shall be signed by the person-in-charge of the conveyance or his duly authorised agent and shall specify all goods imported in such conveyance showing separately all goods, if any, intended to be landed, transhipped, transited or taken on to another customs-station or to a destination outside Bangladesh and stores intended for consumption at the customs-station or in the outward voyage or journey, and shall be made out in such form and contain such further particulars as the Board may from time to time direct 140: 141Provided that the manifest transmitted to the Customs computer system by a registered user shall be deemed to have been signed by him. (2) The appropriate officer shall permit the person-in-charge of a conveyance or his duly authorised agent to correct any obvious error in the import manifest or to supply any omission which in the opinion of such officer results from accident or inadvertence, by furnishing an amended or supplementary import manifest and shall levy thereon such fees as the Board from time to time directs. 142(3) Notwithstanding anything contained in sub-section (2), the Board may specify, by special Order, the manner, conditions, limitations or restrictions under which the appropriate officer shall permit, the person-in-charge of a conveyance, or his duly authorised agent, to submit an amended or supplementary import manifest in special circumstances and shall levy thereon such fees as the Board may direct.",
"name": "Signature and contents of import manifest and amendment thereof",
"related_acts": "",
"section_id": 59
},
{
"act_id": 354,
"details": "46. The person receiving an import manifest under section 43 or section 44 shall countersign the same and enter thereon such particulars as the Commissioner of Customs from time to time directs 143, and where the import manifest is transmitted electronically to the Customs computer system by a registered user, the import manifest shall be deemed to have been countersigned by the person authorised to receive such transmission and that person shall comply with the direction of that Commissioner, if any, in this regard.",
"name": "Duty of person receiving import manifest",
"related_acts": "",
"section_id": 60
},
{
"act_id": 354,
"details": "47. No vessel arriving in any customs-port shall be allowed to break bulk, until an import manifest has been delivered as hereinbefore provided or until a copy of such manifest, together with an application for entry of such vessel inwards, has been presented by the master to the appropriate officer and an order has been given thereon for such entry.",
"name": "Bulk not to be broken until manifest, etc., delivered and vessel entered inwards",
"related_acts": "",
"section_id": 61
},
{
"act_id": 354,
"details": "48. (1) When an import manifest is presented, the person-in-charge of a conveyance or his duly authorised agent, if required so to do by the appropriate officer, shall deliver to the officer the bill of lading or the bill of freight or a copy thereof for every part of cargo or goods laden on board, journey log-book and any port clearance, docket or other paper granted in respect of such conveyance at the place from which it is stated to have come, and shall answer all such questions relating to the conveyance, goods, crew 144, passengers and voyage or journey as are put to him by such officer. (2) The appropriate officer may, if any requisition or question made or put by him under this section is not complied with or answered, refuse to grant permission to a vessel to break bulk and to other conveyance to land the imported goods, as the case may be.",
"name": "Power to require production of documents and ask questions",
"related_acts": "",
"section_id": 62
},
{
"act_id": 354,
"details": "49. Notwithstanding anything contained in section 47 and subject to rules, the appropriate officer may grant, prior to receipt of the import manifest and the entry inwards of a vessel, a special pass permitting bulk to be broken.",
"name": "Special pass for breaking bulk",
"related_acts": "",
"section_id": 63
},
{
"act_id": 354,
"details": "50. (1) No goods other than passengers' baggage and mail bags shall be loaded on a conveyance until- (a) in the case of a vessel, a written application for entry of such vessel outwards, subscribed by the master of such vessel, has been made to the appropriate officer and an order has been given thereon for such entry; and (b) \tin the case of any other conveyance, a written application for authority to load the goods subscribed by the person-in-charge of the conveyance has been made to the appropriate officer and an order has been given thereon authorising the loading. (2) Every application made under this section shall specify the particulars as prescribed by the Board.",
"name": "Order for entry outwards or loading of goods to be obtained before export goods are loaded",
"related_acts": "",
"section_id": 64
},
{
"act_id": 354,
"details": "51. (1) No vessel, whether laden or in ballast, shall depart from any customs-port until a port-clearance has been granted by the appropriate officer. (2) No pilot shall take charge of any vessel proceeding to sea, unless the master of such vessel produces a port-clearance.",
"name": "No vessel to depart without port-clearance",
"related_acts": "",
"section_id": 65
},
{
"act_id": 354,
"details": "52. No conveyance other than a vessel shall depart from a land customs-station or customs-airport until a written permission to that effect has been granted by the appropriate officer.",
"name": "No conveyance other than vessel to leave without permission",
"related_acts": "",
"section_id": 66
},
{
"act_id": 354,
"details": "53. (1) Every application for port-clearance shall be made by the master of a vessel at least twenty-four hours before the intended departure of the vessel: Provided that the 145Commissioner of Customs or an officer authorised by him in this behalf may for special reasons to be recorded allow a shorter period for the delivery of the said application. 146: 147Provided further that when the master is a registered user, he may make the application under this sub-section by transmitting it to the Customs computer system, and an application so transmitted shall be deemed to have been duly signed by him.. (2) The master shall, at the time of applying for port-clearance,- (a) \tdeliver to the appropriate officer an export manifest in duplicate in such form as may from time to time be prescribed by the Board signed by such master specifying all goods to be exported in the vessel and showing separately all goods and stores entered in the import manifest, and not landed or consumed on board or transhipped; (b) deliver to the appropriate officer such bills of export or other documents as such officer acting under the general instructions of the Commissioner of Customs requires; and (c) answer such questions respecting the departure and destination of the vessel as are put to him by the appropriate officer 148: Provided that if the master is a registered user, he may transmit to the Customs computer system the export manifest and other documents specified at clauses (b) and (c) and the documents so transmitted shall be deemed to have been signed by him for the purposes of this section. (3) The provisions of section 45, relating to the amendment of import manifests shall, mutatis mutandis, apply also to export manifest delivered under this section or under section 54.",
"name": "Application for port-clearance of vessels",
"related_acts": "",
"section_id": 67
},
{
"act_id": 354,
"details": "54. The person-in-charge of a conveyance other than a vessel or his duly authorised agent shall- (a) deliver to the appropriate officer an export manifest in duplicate in such form as may from time to time be prescribed by the Board signed by the person-in-charge or the agent specifying all goods or stores entered in the import manifest, and not landed or transhipped or consumed on board the conveyance; (b) \tdeliver to the appropriate officer such bills of export or other documents as such officer acting under the general instructions of the Commissioner of Customs requires; and (c) answer such questions respecting the departure and destination of the conveyance as are put to him by the appropriate officer.",
"name": "Conveyances other than vessels to deliver documents and answer questions before departure",
"related_acts": "",
"section_id": 68
},
{
"act_id": 354,
"details": "55. (1) The appropriate officer may refuse to give port-clearance to a vessel or permission for departure to any other conveyance until- (a) \tthe provisions of section 53 or section 54, as the case may be, have been complied with; (b) \tall station or port dues and other charges and penalties payable in respect of such vessel or by the owner or master thereof, or in respect of such other conveyance by the owner or person-in-charge thereof, and all taxes, duties and other dues payable in respect of any goods loaded therein, have been duly paid, or their payment secured by such guarantee, or by such deposit at such rate, as such officer directs; (c) \twhere export goods have been loaded without payment or securing payment as aforesaid of all taxes, duties and other dues payable in respect thereof or in contravention of any provision of this Act or the rules or of any other law for the time being in force relating to export of goods- (i) \tsuch goods have been unloaded, or (ii) \twhere the appropriate officer is satisfied that it is not practicable to unload such goods, the person-in-charge or his duly authorised agent has given an undertaking, secured by such guarantee or deposit of such amount as the appropriate officer may direct, for bringing back the goods to Bangladesh; (d) \tthe agent, if any, delivers to the appropriate officer a declaration in writing to the effect that he will be liable for any penalty imposed under clause 24 of the Table under sub-section (1) of the section 156 and furnishes security for the discharge of the same; (e) \tthe agent, if any, delivers to the appropriate officer a declaration in writing to the effect that such agent is answerable for the discharge of all claims for damage or short delivery which may be established by the owner of any goods comprised in the import cargo in respect of such goods. (2) An agent delivering a declaration under clause (d) of sub-section (1) shall be liable to all penalties which might be imposed on the person-in-charge of such conveyance under clause 24 of the Table under sub-section (1) of section 156 and an agent delivering a declaration under clause (e) of sub-section (1) shall be bound to discharge all claims referred to in such declaration.",
"name": "Power to refuse port-clearance to vessels or permission for departure to other conveyance",
"related_acts": "",
"section_id": 69
},
{
"act_id": 354,
"details": "56. When the appropriate officer is satisfied that the provisions of this Chapter relating to the departure of conveyances have been duly complied with, he shall grant a port-clearance to the master of the vessel or a written permission for departure to the person-in-charge of any other conveyance and shall return at the same time to such master or person-in-charge one copy of the manifest duly countersigned by the appropriate officer.",
"name": "Grant of port-clearance or permission for departure",
"related_acts": "",
"section_id": 70
},
{
"act_id": 354,
"details": "57. Notwithstanding anything contained in section 55 or section 56 and subject to rules, the appropriate officer may grant a port-clearance in respect of a vessel or permission for departure in respect of any other conveyance, if the agent furnishes such security as such officer deems sufficient for duly delivering within ten days from the date of such grant, the export manifest and other documents specified in section 53 or section 54, as the case may be.",
"name": "Grant of port-clearance or permission for departure on security of agent",
"related_acts": "",
"section_id": 71
},
{
"act_id": 354,
"details": "58. (1) For the purpose of securing compliance with any provision of this Act or the rules or any other law, the appropriate officer may at any time, while the vessel is within the limits of any port or any other conveyance is within the limits of any station or airport or within Bangladesh territory, demand the return of port-clearance or the written permission for departure, as the case may be. (2) Any such demand may be made in writing or may be communicated to the person-in-charge of the conveyance by wireless, and if made in writing it may be served- (a) by delivering to the person-in-charge or his agent personally; or (b) by leaving it at the last known place of abode of such person or agent; or (c) \tby leaving it on board the conveyance with the person appearing to be in charge or command thereof. (3) Where a demand for the return of a port-clearance or of a permission for departure is made as aforesaid, the port-clearance or permission shall forthwith become void.",
"name": "Power to cancel port-clearance or permission for departure",
"related_acts": "",
"section_id": 72
},
{
"act_id": 354,
"details": "14958A. The Board may, in a manner prescribed by rules, require the owner or agent of an aircraft or vessel conveying passengers to provide Advance Passenger Information (API) or Passenger Name Record (PNR) prior to the arrival and departure of such aircraft or vessel",
"name": "Advance Passenger Information (API) or Passenger Name Record (PNR)",
"related_acts": "",
"section_id": 73
},
{
"act_id": 354,
"details": "59. (1) The provisions of sections 44, 52 and 54 shall not apply to a conveyance other than a vessel which carries no goods other than the baggage of its occupants. (2) The Government may, by notification in the official Gazette, exempt conveyances belonging to Government or any foreign Government from all or any of the provisions of this Chapter.",
"name": "Exemption of certain classes of conveyance from certain provisions of this Chapter",
"related_acts": "",
"section_id": 74
},
{
"act_id": 354,
"details": "60. At any time while a conveyance is in a customs-station or is proceeding towards such station, the appropriate officer may depute one or more officers of Customs to board the conveyance, and every officer so deputed shall remain on board such conveyance for such time as the appropriate officer may consider necessary.",
"name": "Power to depute officers of Customs to board conveyances",
"related_acts": "",
"section_id": 75
},
{
"act_id": 354,
"details": "61. Whenever an officer of Customs is so deputed to be on board any conveyance, the person-in-charge shall be bound to receive him on board and to provide him with suitable accommodation and adequate quantity of fresh water.",
"name": "Officer to be received and accommodation to be provided",
"related_acts": "",
"section_id": 76
},
{
"act_id": 354,
"details": "62. (1) Every officer deputed as aforesaid shall have free access to every part of the conveyance and may- (a) \tcause any goods to be marked before they are unloaded from that conveyance; (b) \tlock up, seal, mark or otherwise secure any goods carried in the conveyance or any place or container in which they are carried; or (c) \tfasten down any hatchway or entrance to the hold. (2) If any box, place or closed receptacle in any such conveyance be locked, and the key be withheld, such officer shall export the same to the appropriate officer, who may thereupon issue to the officer on board the conveyance or to any other officer under his authority, a written order for search. (3) On production of such order, the officer empowered thereunder may require that any such box, place or closed receptacle be opened in his presence; and if it be not opened upon his requisition, he may break open the same.",
"name": "Officers’ powers of access, etc.",
"related_acts": "",
"section_id": 77
},
{
"act_id": 354,
"details": "63. Conveyances carrying transit goods for destinations outside Bangladesh or goods from some foreign territory to a customs-station or from a customs-station to some foreign territory may be sealed in such cases and in such manner as may be provided in the rules.",
"name": "Sealing of conveyance",
"related_acts": "",
"section_id": 78
},
{
"act_id": 354,
"details": "64. Save where general permission is given under section 67 or with permission in writing of the appropriate officer, no goods other than passengers' baggage or ballast urgently required to be loaded for the vessel's safety, shall be shipped or water-borne to be shipped or discharged from any vessel, in any customs-port, nor any goods except passengers' baggage shall be loaded in or unloaded from any conveyance other than a vessel at any land customs-station or customs-airport except in the presence of an officer of Customs.",
"name": "Goods not to be loaded or unloaded or water-borne except in presence of officer",
"related_acts": "",
"section_id": 79
},
{
"act_id": 354,
"details": "65. Except with the permission in writing of the appropriate officer and on payment of such fees as may be prescribed by the Board no goods, other than passenger baggage or mail bags, shall in any customs-port be discharged, or be shipped or water-borne to be shipped or shall be loaded or unloaded or passed at any land customs-station or customs-airport- (a) \ton any public holiday within the meaning of section 25 of the Negotiable Instruments Act, 1881 (XXVI of 1881) or on any day on which the discharge or shipping of cargo at customs-port or loading, unloading, passage or delivery of cargo at any land customs-station or customs-airport, as the case may be, is prohibited by the Board by notification in the official Gazette; or (b) \ton any day except between such hours as the Board may, from time to time, by a like notification, appoint.",
"name": "Goods not to be loaded or unloaded or passed on certain days or at certain times",
"related_acts": "46",
"section_id": 80
},
{
"act_id": 354,
"details": "66. Save where general permission is given under section 67 or with permission in writing of the appropriate officer, no imported goods shall be unloaded or goods for export loaded at any place other than a place duly approved under clause (b) of section 10 for the unloading or loading of such goods.",
"name": "Goods not to be loaded or unloaded except at approved places",
"related_acts": "",
"section_id": 81
},
{
"act_id": 354,
"details": "67. Notwithstanding anything contained in section 64 or section 66, the Board may, by notification in the official Gazette, give general permission for goods to be loaded at any customs-station from any place not duly appointed for loading and without the presence or authority of an officer of Customs.",
"name": "Power to exempt from sections 64 and 66",
"related_acts": "",
"section_id": 82
},
{
"act_id": 354,
"details": "68. (1) When any goods are water-borne for the purpose of being landed from any vessel and warehoused or cleared for home-consumption, or of being shipped for exportation on board any vessel, there shall be sent, with each boat-load or other separate despatch, a boat-note specifying the number of packages so sent and the marks or number or other description thereof. (2) Each boat-note for goods to be landed shall be signed by an officer of the vessel, and likewise by the officer of Customs on board, if any such officer be on board, and shall be delivered on arrival to any officer of Customs authorised to receive the same. (3) Each boat-note for goods to be shipped shall be signed by the appropriate officer and, if an officer of Customs is on board the vessel on which such goods are to be shipped, shall be delivered to such officer, and if no such officer be on board, shall be delivered to the master of the vessel or to an officer of the vessel appointed by him to receive it. (4) The officer of Customs who receives any boat-note of goods landed, and the officer of Customs, master or other officer as the case may be, who receives any boat-note of goods shipped, shall sign the same and note thereon such particulars as the Commissioner of Customs may from time to time direct. (5) The Board may from time to time, by notification in the official Gazette, suspend the operation of this section in any customs-port or part thereof.",
"name": "Boat-note",
"related_acts": "",
"section_id": 83
},
{
"act_id": 354,
"details": "69. All goods water-borne for the purpose of being landed or shipped shall be landed or shipped without any unnecessary delay.",
"name": "Goods water-borne to be forthwith landed or shipped",
"related_acts": "",
"section_id": 84
},
{
"act_id": 354,
"details": "70. Except in cases of imminent danger, no goods discharged into or loaded in any boat for the purpose of being landed or shipped shall be transhipped into any other boat without the permission of an officer of Customs.",
"name": "Goods not to be transhipped without permission",
"related_acts": "",
"section_id": 85
},
{
"act_id": 354,
"details": "71. (1) The Board may declare with regard to any customs-port, by notification in the official Gazette, that, after a date therein specified, no boat not duly licensed and registered shall be allowed to ply as a cargo-boat for the landing and shipping of merchandise within the limits of such port. (2) In any port with regard to which such notification has been issued, the Commissioner of Customs or other officer whom the Board appoints in this behalf, may, subject to rules and on payment of such fees as the Board may, by notification in the official Gazette, prescribe, issue licences for and register cargo-boats, or cancel the same.",
"name": "Power to prohibit plying of unlicensed cargo-boats",
"related_acts": "",
"section_id": 86
},
{
"act_id": 354,
"details": "72. (1) Every boat belonging to a 150Bangladeshi ship and every other vessel not exceeding one hundred tons, shall be marked in such manner as may be prescribed by rules. (2) Plying of all or any class or description of vessels of less than one hundred tons, whether in sea or inland waters, may be prohibited or regulated or restricted as to the purposes and limits of plying by rules.",
"name": "Playing of ships of less than one hundred tons",
"related_acts": "",
"section_id": 87
},
{
"act_id": 354,
"details": "73. When an order for entry inwards of any vessel which has arrived in any customs-port or a special pass permitting such vessel to break bulk has been given, discharge of the cargo of such vessel may be proceeded with.",
"name": "Discharge of cargo by vessels may commence on receipt of due permission",
"related_acts": "",
"section_id": 88
},
{
"act_id": 354,
"details": "74. When on arrival of a conveyance other than a vessel at a land customs-station or customs-airport the person-in-charge of such conveyance has delivered the import manifest under section 44 and the documents required under section 48, he shall forthwith take the conveyance or cause it to be taken to the examination station at the land customs-station or customs-airport and remove or cause to be removed all goods carried in such conveyance to the custom-house in the presence of the appropriate officer or some person duly authorised by him in that behalf.",
"name": "Discharge of goods by conveyances other than vessels",
"related_acts": "",
"section_id": 89
},
{
"act_id": 354,
"details": "75. (1) No imported goods required to be shown in the import manifest shall, except with the permission of the appropriate officer, be unloaded from any conveyance at any customs-station unless they are specified in the import manifest or amended or supplementary import manifest for being unloaded at that customs-station. (2) Nothing in this section shall apply to the unloading of the baggage accompanying a passenger or a member or a crew or mail bags.",
"name": "Imported goods not to be unloaded unless entered in the import manifest",
"related_acts": "",
"section_id": 90
},
{
"act_id": 354,
"details": "76. (1) (a) If any goods imported by a vessel (except such as have been shown in the import manifest as not to be unloaded) are not unloaded within such period as is specified in the bill of lading or if no period is so specified, within such number of the working days, not exceeding fifteen, after entry of the vessel as the Board may from time to time by notification in the official Gazette appoint, or (b) \tIf the cargo of any vessel, excepting a small quantity of goods, has been discharged before the expiration of the period so specified or appointed, the master of such vessel or, on this application, the appropriate officer may then carry such goods to the custom-house, there to remain for entry. 151(2) The appropriate officer shall thereupon take charge of, and grant receipt for, such goods; and if notice in writing has been given by the master or the agent of the vessel to the appropriate officer that goods are to remain subject to a lien for freight, primage, general average, demurrage, container detention charges, dead-freight, terminal handling charges, container service charge or other charges of a stated amount, the appropriate officer shall hold such goods until he receives notice in writing that the said charges have been paid.",
"name": "Procedure in respect of goods not unloaded by vessels within time allowed",
"related_acts": "",
"section_id": 91
},
{
"act_id": 354,
"details": "77. (1) At any time after the arrival of any vessel, the appropriate officer may, with the consent of the master of such vessel, cause any small package or parcel of goods to be carried to the custom-house there to remain for entry in charge of the officers of customs, during the remainder of the working days allowed under this Act for the landing of such package or parcel. (2) In any package or parcel so carried to the custom-house remains unclaimed on the expiration of the number of working days so allowed for its unloading, or at the time of the clearance outwards of the vessel from which it was unloaded, the master of such vessel may give such notice as is provided in section 76, and the officer-in-charge of the custom-house shall thereupon hold such package or parcel as provided in that section.",
"name": "Power to land small parcels and hold unclaimed parcels",
"related_acts": "",
"section_id": 92
},
{
"act_id": 354,
"details": "78. (1) Notwithstanding anything contained in sections 74, 76 and 77, the appropriate officer in any customs-station to which the Board, by notification in the official Gazette, declares this section to apply, may permit the master of any vessel immediately on receipt of an order under section 47 or a special pass under section 49, or the person-in-charge of a conveyance other than a vessel on receipt of the import manifest to discharge the goods imported by such conveyance, or any portion thereof, into the custody of his agent, if he be willing to receive the same, for the purpose of unloading the same forthwith- (a) at the custom-house, or at any specified landing-place or wharf; or (b) at any landing-place or wharf belonging to the port commissioners, port trust, railways or other public body or company; or (c) \tfor giving it in the custody of such person as may be approved by the Commissioner of Customs. (2) Any agent so receiving such cargo or portion shall be bound to discharge all claims for damage or short delivery which may be established in respect of the same by the owner thereof, and shall be entitled to recover from such owner his charges for service rendered, but not for commission or the like, where any agent for the unloading of such cargo or portion has been previously appointed by the owner and such appointment is un-revoked 152: Provided that no agent so receiving such cargo or portion shall cause it to be removed or otherwise dealt with except in accordance with the written order of the appropriate officer. (3) The appropriate officer shall take charge of all goods discharged under clause (a) of sub-section (1) and otherwise proceed in relation thereto as provided in sections 76 and 82. (4) 153A public body or company or port authority or airlines or person at whose landing-place or wharf or place of storage any goods are discharged under clause (b) or clause (c) of sub-section (1) shall not permit the same to be removed or otherwise dealt with except in accordance with the order in writing of the appropriate officer.",
"name": "Power to permit immediate discharge",
"related_acts": "",
"section_id": 93
},
{
"act_id": 354,
"details": "79. (1) The owner of any imported goods shall make entry of such goods for home-consumption or warehousing or for any other approved purpose by delivering to the appropriate officer a bill of entry thereof in such form and manner and containing such particulars as the Board may direct: Provided that, if the owner makes and subscribes a declaration before the appropriate officer to the effect that he is unable, for want of 154such information as is essential for submitting a bill of entry, then the said officer shall permit him, previous to the entry thereof, to examine the goods in the presence of an officer of Customs or to deposit such goods in a public warehouse appointed under section 12 without warehousing the same, pending the production of such information. 155(1A) The Commissioner of Customs may within the period specified in sub-section (2) require the owner who has delivered or transmitted a bill of entry in electronic form to submit to the appropriate officer a paper bill of entry duly signed by the owner or his authorised agent, containing such information and documents as the said Commissioner may specify. 156(1B) A bill of entry under sub-section (1) shall be delivered within five working days since the arrival of goods: Provided that the Board may, by notification in the official Gazette, extend such time upon stipulating such conditions or limitations as it deems fit and proper. 157(2) A bill of entry under sub-section (1) may be presented and the goods be cleared at any time within 158thirty days of the date of unloading thereof at a customs-port or a land customs-station or customs-inland container depot or 159within twenty one days of the date of unloading thereof at a customs-airport or within such extended period as the Commissioner of Customs may deem fit: 160Provided that the Commissioner of Customs may permit a bill of entry to be presented even before the delivery of the manifest if the vessel or the aircraft by which the goods have been shipped for importation into Bangladesh is expected to arrive within thirty days from the date of such presentation. (3) If the Commissioner of Customs is satisfied that the rate of customs-duty is not adversely affected and that there was no intention to defraud, he may in exceptional circumstances and for reasons to be recorded in writing permit substitution of a bill of entry for home-consumption for a bill of entry for warehousing or vice versa.",
"name": "Entry for home-consumption or warehousing",
"related_acts": "",
"section_id": 94
},
{
"act_id": 354,
"details": "16179A. The Board may, by notification in the official Gazette, declare that electronically transmitted bills of entry and related documents may be acceptable subject to such conditions as are specified in that notification.",
"name": "Acceptance of electronically transmitted bills of entry and documents",
"related_acts": "",
"section_id": 95
},
{
"act_id": 354,
"details": "16279B. No person shall transmit to, or receive information from, a 163Customs computer system unless that person is registered by the Commissioner of Customs as a user of that 164Customs computer.",
"name": "Access to Customs computerised entry processing systems",
"related_acts": "",
"section_id": 96
},
{
"act_id": 354,
"details": "79C. (1) A person who wishes to be registered as a user of a 165Customs computer system may apply in writing to the Commissioner of Customs in the prescribed form and shall provide such information in relation to the application as required by the Commissioner. (2) The said Commissioner may require an applicant for registration to give such additional information as the said Commissioner considers necessary for the purpose of the application. (3) The said Commissioner may- (a) grant the application subject to such conditions and limitations as the said Commissioner thinks fit; or (b) refuse the application. (4) The said Commissioner shall give notice in writing to the applicant of his decision.",
"name": "Registered users",
"related_acts": "",
"section_id": 97
},
{
"act_id": 354,
"details": "79D. (1) A person who is registered as a user of a 166Customs computer system shall be allocated a unique user identifier for use in relation to that 167Customs computer system by the Commissioner of Customs, in such form or of such a nature as the Commissioner of Customs may determine. (2) The unique user identifier allocated pursuant to sub-section (1) of this section shall be used by the registered user for the purpose of transmitting information to or receiving information from that 168Customs computer system. (3) The Commissioner of Customs may, by notice in writing, impose conditions and limitations on a particular registered user, or on registered users generally, relating to the use and security of unique user identifiers.",
"name": "Registered users to be allocated unique user identifier",
"related_acts": "",
"section_id": 98
},
{
"act_id": 354,
"details": "79E. (1) Where information is transmitted to a 169Customs computer system using a unique user identifier issued to a registered user by the Commissioner of Customs for that purpose, the transmission of that information shall, in the absence of proof to the contrary, be sufficient evidence that the registered user to whom the unique user identifier has been issued has transmitted that information. (2) Where a unique user identifier is used by an individual who is not entitled to use it, sub-section (1) of this section does not apply if the registered user to whom the unique user identifier was issued has, prior to the unauthorised use of the unique user identifier, notified the Commissioner of Customs in writing that the unique user identifier is no longer secure.",
"name": "Use of unique user identifier",
"related_acts": "",
"section_id": 99
},
{
"act_id": 354,
"details": "79F. (1) Where at any time the Commissioner of Customs having jurisdiction is satisfied that a person who is a registered user of a 170Customs computer system has- (a) failed to comply with a condition of registration imposed by the said Commissioner under section 79C (3) of this Act; or (b) failed to comply with, or acted in contravention of, any conditions imposed by the said Commissioner under section 79D(3) of this Act in relation to the use and security of the registered user's unique user identifier; or (c) has been convicted of an offence under this Act in relation to improper access to or interference with a 171Customs computer system,- the said Commissioner may cancel the registration of that individual as a registered user by giving notice in writing to that person setting out the reasons for the cancellation.",
"name": "Cancellation of registration of registered user",
"related_acts": "",
"section_id": 100
},
{
"act_id": 354,
"details": "79G. (1) The Customs must keep a record of every transmission sent to or received from a registered user using a 172Customs computer system. (2) The record described in sub-section (1) of this section must be kept for a period of five years from the date of the sending of or the receipt of the transmission, or for such other period as may be prescribed.",
"name": "Customs to keep records of transmission",
"related_acts": "",
"section_id": 101
},
{
"act_id": 354,
"details": "80. (1) On the delivery 173or electronic transmission of such bill, the goods or such part thereof as may be necessary may, without undue delay, be examined or tested 174in the presence of the owner or his agent, unless due to any exceptional circumstance such presence cannot be allowed and thereafter the goods shall be assessed to duty, if any, and the owner of such goods may then proceed to clear the same for home-consumption or warehouse them, subject to the provisions hereinafter contained. (2) Notwithstanding anything contained in sub-section (1), imported goods prior to examination or testing thereof may be permitted by the appropriate officer to be assessed to duty on the basis of the statements made in the bill relating thereto and the information furnished under the rules and the documents produced under section 26; but if it is found subsequently on examination or testing of the goods or otherwise that any statement in such bill or document or any information so furnished is not correct in respect of any matter relating to the assessment, the goods shall, without prejudice to any other action which may be taken under this Act, be re-assessed to duty. 175(3) Subject to the guidelines, if any, given by the Board from time to time, the Commissioner of Customs or any other Customs officer authorised by him in this behalf may clear any goods or class of goods imported by an importer or a class of importers without examination and testing of the goods, wholly or partly under sub-section (1). (4) Upon delivery or transmission of the bill of entry for the goods cleared or to be cleared under sub-section (3) the duty shall be deemed to have been duly assessed for the purposes of this section: Provided that where the appropriate officer has reason to believe that in case of any bill of entry re-assessment is necessary, he may, by recording reasons in writing re-assess the duty payable for the goods and take such other actions as he may deem fit under this Act.",
"name": "Assessment of duty",
"related_acts": "",
"section_id": 102
},
{
"act_id": 354,
"details": "81. (1) Where it is not possible immediately to assess the customs-duty that may be payable on any imported goods entered for home-consumption or for warehousing or for clearance from a warehouse for home-consumption or on any goods entered for exportation, for the reason that the goods require chemical or other test or a further enquiry for purposes of assessment, or that all the documents or complete documents or full information pertaining to those goods have not been furnished, an officer not below the rank of Assistant Commissioner of Customs may order that the duty payable on such goods be assessed provisionally: Provided that the importer (save in the case of goods entered for warehousing) or the exporter pays such additional amount as security or furnishes such guarantee of a scheduled bank for the payment thereof as the said officer deems sufficient to meet the excess of the final assessment of duty over the provisional assessment. 176(2) Where any goods are allowed to be cleared or delivered on the basis of such provisional assessment, the amount of duty actually payable on those goods shall, within a period of one hundred and twenty working days from the date of the provisional assessment, where there is a case pending at any court, tribunal or appellate authority, from the date of receipt of the final disposal order of that case, be finally assessed and on completion of such assessment the appropriate officer shall order that the amount already guaranteed be adjusted against the amount payable on the basis of final assessment, and the difference between them shall be paid forthwith to or by the importer or exporter as the case may be: Provided that the Board may, under exceptional circumstances recorded in writing, extend the period of final assessment specified under this sub-section.",
"name": "Provisional assessment of duty",
"related_acts": "",
"section_id": 103
},
{
"act_id": 354,
"details": "17782. 178(1) If any goods are not entered and cleared for home consumption or warehoused or transhipped within 179thirty days of the date of unloading thereof at a customs-port or a land customs station 180or customs-inland container depot, or within 181twenty one days of the date of unloading thereof at a customs airport or within such extended period as the appropriate officer may allow, such goods may, after due notice given to the owner, if his address could be ascertained, or published in the newspaper, if his address could not be ascertained, be sold under the orders of the appropriate officer: Provided that- (a)\tanimals and perishable and hazardous goods may, with the permission of the appropriate officer, be sold at any time; (b)\tarms, ammunition or military stores may be sold or otherwise disposed of at such time and place and in such manner as the Board may, with the approval of the Government, direct: Provided further that nothing in this section shall authorise removal for home consumption of any dutiable goods without payment of customs-duties thereon. 182(2) Where any goods are sold under sub-section (1) pending adjudication, appeal, revision or decision of a Court, the proceeds of such sale shall be deposited into the Government treasury; and, if on such adjudication or in such appeal or revision it is found or if the Court finds that the goods so sold are not liable to confiscation, the proceeds of the sale shall, after necessary deduction of duties, taxes or dues as provided in section 201, be refunded to the owner.",
"name": "Procedure in case of goods not cleared or warehoused or transhipped after unloading within a specified period",
"related_acts": "",
"section_id": 104
},
{
"act_id": 354,
"details": "18382A. If any goods, other than goods detained, seized, confiscated, under adjudication or appeal under the provisions of this Act, for which a bill of entry has duly been presented, are not assessed and out-passed within seven working days the owner of such goods may serve a notice upon the Commissioner to finalise the Customs formalities within three working days enabling him to pay duty and taxes and clear the goods, and the said Commissioner or any officer authorised on his behalf shall do so, if the import is in order, or issue a show cause notice if the import is not in order. Explanation.- For the purpose of this section “detained goods” include goods detained for chemical examination, radiation test, and reference for resolution disputes on of classification, value, ITC aspect or any other legal disputes.",
"name": "Procedure in case of goods not assessed or out-passed by Customs after presentation of the related bill of entry within a specified period",
"related_acts": "",
"section_id": 105
},
{
"act_id": 354,
"details": "83. 184(1) When the owner of any goods entered for home-consumption and assessed under section 80 has paid the import duty and other charges, if any in respect of the same, the appropriate officer, if he is satisfied that the import of the goods is not prohibited or in breach of any restrictions or conditions applying to the import of such goods, may make an order for the clearance of the same. 185(2) Notwithstanding anything contained in sub-section (1), the importer or a class of importers for any goods, notified under section 80(3), shall be allowed clearance without any formal order under sub-section (1) of this section and such goods shall be deemed to have been duly allowed to pass. 186(3) The Board may, by special order, in the public interest, allow any government or semi-government organization or statutory public authority to take clearance of goods without paying the import duty and other charges on submission of a guarantee that such a duty and charges shall be paid within specific period to be determined by the board.",
"name": "Clearance for home-consumption",
"related_acts": "",
"section_id": 106
},
{
"act_id": 354,
"details": "18783A. (1) An officer of Customs not below the rank of an Assistant Commissioner of Customs may from time to time make or cause to be made such amendments to an assessment of duty or to the value taken for the purpose of assessment of duty as he thinks necessary in order to ensure the correctness of the assessment even though the goods to which the value or the duty relates have already passed out of Customs control or the duty originally assessed has been paid. (2) If the amendment has the effect of imposing a fresh liability or enhancing an existing liability, a demand notice in writing shall be given by the officer of Customs to the person liable for the duty. (3) Unless otherwise specified in this Act, the due date for payment against the aforesaid demand notice shall be thirty working days from the date of issue of such a written demand notice by the officer of Customs.",
"name": "Amendment of assessment",
"related_acts": "",
"section_id": 107
},
{
"act_id": 354,
"details": "83B. (1) Where an assessment of duty has been made under this Act, the officer of Customs is not entitled to increase the amount of the assessment after the expiration of three years from the date on which the original assessment was made. (2) Notwithstanding sub-section (1) of this section, in any case where the entry or any declaration made in relation to the goods was fraudulent or wilfully misleading, the officer of Customs may amend the assessment at any time 188*** so as to increase the amount of the assessment.",
"name": "Limitation of time for amendment of assessments",
"related_acts": "",
"section_id": 108
},
{
"act_id": 354,
"details": "83C. (1) An officer of Customs may at any time enter any premises or place where records are kept pursuant to section 211 of this Act and audit and examine those records either in relation to specific transactions or to the adequacy or integrity of the manual or electronic system or systems by which such records are created and stored. (2) For the purposes of sub-section (1) of this section, an officer of Customs shall have full and free access to all lands, buildings and places and to all books, records and documents, whether in the custody or under the control of the licensee, importer, exporter or any other person, for the purpose of inspecting any books, records, and documents and any property, process, or matter that the officer considers,- (a) necessary or relevant for the purpose of collecting any duty under the Act or for the purpose of carrying out any other function lawfully conferred on the officer, or (b) likely to provide any information otherwise required for the purposes of this Act or for the discharge of any functions under this Act. (3) The officer of Customs may make extracts from or copies of any such books, documents or records. (4) Notwithstanding sub-sections (2) and (3) of this section, an officer of Customs shall not enter any private dwelling except with the consent of an occupier or owner thereof or pursuant to a warrant issued under this Act.",
"name": "Audit or examination of records",
"related_acts": "",
"section_id": 109
},
{
"act_id": 354,
"details": "18983D. Board may, by issuance of special order, appoint, on such terms and conditions as it may deem appropriate, professional auditor or audit firm for carrying out audit on any Customs matter, and such auditor or audit firm shall be deemed to be an officer of Customs for the purpose of this section.",
"name": "Power to appoint auditor, etc.",
"related_acts": "",
"section_id": 110
},
{
"act_id": 354,
"details": "19083E. (1) 191The Commissioner of Customs (Valuation and Internal Audit) shall, in a manner prescribed by the Board , award the status of an Authorized Economic Operator to the persons established in Bangladesh who have demonstrated an appropriate level of compliance with this Act and rules made thereunder and fulfill such other criteria related to compliance or the risk of non-compliance as prescribed by the Board. (2) An Authorized Economic Operator shall enjoy simplified Customs formalities in accordance with the terms and conditions as prescribed by the Board. (3) The Government may enter into international agreements to award the Authorized Economic Operator benefits provided under this section to the persons established in countries other than Bangladesh: Provided that the Government is satisfied that the conditions and obligations defined by the relevant legislation of such other countries are equivalent to those prescribed under this section and that such benefits are allowed to persons established in Bangladesh on a reciprocal basis. (4) Subject to international agreements to sub-section (3), the Board shall award the Authorized Economic Operator benefits provided under this section to those persons who fulfill the conditions and comply with obligations defined by the relevant legislation of the foreign country.",
"name": "Authorized Economic Operator",
"related_acts": "",
"section_id": 111
},
{
"act_id": 354,
"details": "84. When any dutiable goods have been entered for warehousing and assessed under section 80, the owner of such goods may apply for leave to deposit the same in any warehouse appointed or licensed under this Act.",
"name": "Application to warehouse",
"related_acts": "",
"section_id": 112
},
{
"act_id": 354,
"details": "85. Every such application shall be in writing signed by the applicant, and shall be in such form as may be prescribed by the Board.",
"name": "Form of application",
"related_acts": "",
"section_id": 113
},
{
"act_id": 354,
"details": "86. (1) When any such application has been made in respect of any goods, the owner of the goods to which it relates shall execute a bond, binding himself in a penalty of twice the amount of the duty assessed under section 80 or section 81 192* * * on such goods,- (a) \tto observe all the provisions of this Act and the rules in respect of such goods; (b) \tto pay on or before a date specified in a notice of demand all duties, rent and charges payable in respect of such goods together with interest on the same from the date so specified at the rate 193to be determined by the Board, being a rate not less than the bank rate fixed by the Bangladesh Bank and not more than double the Bank rate so fixed; and (c) \tto discharge all penalties incurred for violation of the provisions of this Act and the rules in respect of such goods. (2) Every such bond shall be in such form as is from time to time prescribed by the Board, and shall relate to the goods or portion of the goods of one conveyance only. (3) Notwithstanding anything in sub-section (2), for the purposes of sub-section (1), the 194Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board may permit any importer to enter into a general bond in such amount and subject to such conditions, limitations or restrictions as the 195Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board may determine in respect of the warehousing of goods to be imported by such importer within a specified period. (4) A bond executed under this section by an importer in respect of any goods shall continue in force notwithstanding the transfer of the goods to any other person or the removal of the goods to another warehouse or warehousing station: Provided that, where the whole of the goods or any part thereof are transferred to another person, the appropriate officer may accept a fresh bond from the transferee in a sum equal to twice the amount of the duty assessed on the goods transferred and thereupon the bond executed by the transferor shall be deemed to be discharged to the extent to which the fresh bond has been executed by the transferee.",
"name": "Warehousing bond",
"related_acts": "",
"section_id": 114
},
{
"act_id": 354,
"details": "19686A. Notwithstanding anything contained in this Act regarding execution of a bond in relation to clearance of goods for warehousing, the Board or a Commissioner of Customs authorised in this behalf by the Board, may, in addition to requiring execution of bond, direct that a bank guarantee, for an amount not exceeding the duties leviable on the goods, be furnished in such manner as may be prescribed.",
"name": "Warehousing bank guarantee",
"related_acts": "",
"section_id": 115
},
{
"act_id": 354,
"details": "19787. (1) When the provisions of sections 85 and 86 have been complied with in respect of any goods, such goods shall be delivered to the owner of such goods or his authorised representative for onward transportation to the warehouse in which they are to be deposited. (2) A pass shall be sent with the goods specifying the name of the owner of such goods and the name or number of the importing conveyance, the marks, numbers and contents of each package, and the warehouse or place in the warehouse wherein they are to be deposited. (3) After depositing such goods mentioned in sub-section (1) the owner of such goods shall inform the concerned Commissioner of Customs regarding the warehousing of the goods.",
"name": "Forwarding of goods to warehouse",
"related_acts": "",
"section_id": 116
},
{
"act_id": 354,
"details": "88. (1) On receipt of the goods, the pass shall be examined by the warehouse-keeper, and shall be returned to the appropriate officer. (2) No package, butt, cask or other container shall be admitted into any warehouse unless it bears the marks and numbers specified in, and otherwise corresponds with, the pass for its admission. (3) if the goods be found to correspond with the pass, the warehouse-keeper shall certify to that effect on the pass, and the warehousing of such goods shall be deemed to have been completed. (4) If the goods do not so correspond, the fact shall be reported by the warehouse-keeper for the orders of the appropriate officer, and the goods shall either be returned to the custom-house in charge of an officer of Customs or kept in deposit pending such orders as the warehouse-keeper deems most convenient. (5) If the quantity or value of any goods has been incorrectly stated in the bill of entry, due to inadvertence or bona fide error, the error may be rectified at any time before the warehousing of the goods is completed, and not subsequently.",
"name": "Receipt of goods at warehouse",
"related_acts": "",
"section_id": 117
},
{
"act_id": 354,
"details": "89. Except as provided in section 94, all goods shall be warehoused in the packages, butts, casks or other containers in which they have been imported.",
"name": "Goods how warehoused",
"related_acts": "",
"section_id": 118
},
{
"act_id": 354,
"details": "90. (1) Whenever any goods are lodged in a public warehouse or a licensed private warehouse, the warehouse-keeper shall deliver a warrant signed by him as such to the person lodging the goods. (2) Such warrant shall be in such form as the Board may from time to time prescribe, and shall be transferable by the endorsement; and the endorsee shall be entitled to receive the goods specified in such warrant on the same terms as those on which the person who originally lodged the goods would have been entitled to receive the same. (3) The Board may, by notification in the official Gazette, exempt any class of goods from the operation of this section.",
"name": "Warrant to be given when goods are warehoused",
"related_acts": "",
"section_id": 119
},
{
"act_id": 354,
"details": "19891. (1) All warehoused goods shall be subject to the control of the appropriate officer. (2) The appropriate officer may cause any warehouse, except a special bonded warehouse, to be locked. (3) Subject to sub-section (4), no person shall, without the written permission of the appropriate officer- (a)\tenter into a warehouse or remove any goods therefrom. (b)\tunlock the warehouse which is locked under sub-section (2). (4)\tAn officer- (a)\tnot below the rank of Assistant Commissioner of Customs of the Customs Inspection Directorate or of the Customs Intelligence and 199Investigation Directorate or of the Customs Valuation and Internal Audit Commissionerate, or (b)\tbelow the rank of Assistant Commissioner of Customs 200of the said Directorates and Commissionerate authorised by the officer mentioned in clause (a), shall have access to any part of a warehouse and power to examine the goods, records, accounts and documents therein and ask any question as may deem necessary.",
"name": "Control over warehoused goods",
"related_acts": "",
"section_id": 120
},
{
"act_id": 354,
"details": "92. (1) The appropriate officer may at any time by order in writing direct that any goods or packages lodged in any warehouse shall be opened, weighed or otherwise examined; and, after any goods have been so opened, weighed or examined, may cause the same to be sealed or marked in such manner as he thinks fit. (2) When any goods have been so sealed and marked after examination, they shall not be again opened without the permission of the appropriate officer; and, when any such goods have been opened with such permission, the packages shall, if he thinks fit, be again sealed or marked.",
"name": "Power to cause packages lodged in warehouse to be opened and examined",
"related_acts": "",
"section_id": 121
},
{
"act_id": 354,
"details": "93. (1) Any owner of goods lodged in a warehouse shall, at any time within the hours of business, have access to his goods in the presence of an officer of Customs, and an officer of Customs shall, upon application for the purpose being made in writing to the appropriate officer, be deputed to accompany such owner. (2) When an officer of Customs is specially employed to accompany such owner, a sum sufficient to meet the expense thereby incurred shall, subject to rules, be paid by such owner to the appropriate officer, and such sum shall, if the appropriate officer so directs, be paid in advance.",
"name": "Access of owners to warehoused goods",
"related_acts": "",
"section_id": 122
},
{
"act_id": 354,
"details": "94. (1) With the sanction of the appropriate officer and on payment of such fees as may be prescribed by rules, the owner of any goods may, either before or after warehousing the same - (a) \tseparate damaged or deteriorated goods from the rest; (b) \tsort the goods or change their containers for the purpose of preservation, sale, export or disposal of the goods; (c) \tdeal with the goods and their containers in such manner as may be necessary to prevent loss or deterioration or damage to the goods; (d) \tshow the goods for sale; or (e) \ttake such samples of goods as may be allowed by the appropriate officer with or without entry for home-consumption, and with or without payment of duty, except such as may eventually become payable on a deficiency of the original quantity. (2) After any such goods have been so separated and repacked in proper or approved packages, the appropriate officer may, at the request of the owner of such goods, cause or permit any refuse, damaged or surplus goods remaining after such separation or repacking (or at the like request, any goods which may not be worth the duty) to be destroyed, and may remit the duty payable thereon.",
"name": "Owner’s power to deal with warehoused goods",
"related_acts": "",
"section_id": 123
},
{
"act_id": 354,
"details": "95. (1) Subject to rules, the owner of any warehoused goods may, 201by giving fifteen days prior notice in writing to the 202Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board, carry on any manufacturing process or other operations in the warehouse in relation to such goods. (2) Where in the course of any such operation or process there is any waste or refuse the following provisions shall apply, namely:- (a) \tif the whole or any part of the goods produced by such operation or process are exported, no duty shall be charged on the quantity of the warehoused goods wasted or turned into refuse in the course of the operation or processing carried on in relation to the goods exported: Provided that such waste or refuse is either destroyed or duty is paid on such waste or refuse as if it had been imported into Bangladesh in that form. 203(b) \tIf the whole or any part of the goods produced by such operation or process are cleared from the warehouse for home-consumption, duty and other taxes shall be charged on the quantity of such goods cleared for home-consumption and also on the warehoused goods wasted or turned into refuse in the course of the operation or processing carried on in relation to such goods cleared for home-consumption in a manner to be prescribed by rules: Provided that the value for assessment purposes under this clause shall, notwithstanding any other provisions of this Act, be determined by the 204Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board.",
"name": "Manufacture and other operations in relation to goods in a warehouse",
"related_acts": "",
"section_id": 124
},
{
"act_id": 354,
"details": "20596. (1) The owner of any warehoused goods shall pay to the warehouse-keeper rent and other charges at the rates fixed under any law for the time being in force or where no rates are so fixed, at such rates as may be fixed by the Commissioner of Customs (Bond) or any other Commissioner of Customs or by agreement between the owner of the warehouse and the owner of warehoused goods. (2) A table of the rates of rent and other charges fixed under sub-section (1) shall be displayed in a conspicuous part of such warehouse. (3) If any rent or other charges are not paid within ten days from the date when they become due, the warehouse-keeper may, after due notice to the owner of the warehoused goods and with the permission of the appropriate officer, cause to be sold (any transfer of the warehoused goods notwithstanding) such portion of the goods as may be sufficient to realise the unpaid rent and other charges.",
"name": "Payment of rent and warehouse-dues",
"related_acts": "",
"section_id": 125
},
{
"act_id": 354,
"details": "97. No warehoused goods shall be taken out of any warehouse, except on clearance for home-consumption or export or for removal to another warehouse, or as otherwise provided in this Act.",
"name": "Goods not to be taken out of warehouse except as provided by this Act",
"related_acts": "",
"section_id": 126
},
{
"act_id": 354,
"details": "20698.(1) Goods imported for and warehoused in any special bonded warehouse or in any hundred percent export oriented industry, may remain in such warehouse or industry for a period not exceeding twenty four months from the date of warehousing : (2) The Commissioaner of Customs (Bond) or any other Commissioaner of Customs authorized by the Board in this behalf may extend the period of warehousing mentioned in sub-section (1) for further period of six months if the goods specified in sub-section (1) are not likely to deteriorate. 207(2A) Notwithstanding anything contained in sub-section (1) and (2), goods imported and warehoused by a hundred percent export oriented ship building industry, may remain in such warehouse for a period not exceeding forty eight months from the date of warehousing. (3) Goods imported for and warehoused in any diplomatic bonded warehouse, may remain in the warehouse for a period not exceeding twelve months from the date of warehousing. 208(4) Warehoused goods other than the goods mentioned in sub-sections (1), (2A) and (3) may remain in the warehouse for a period not exceeding six months following the date of execution of the bond under section 86 in respect of such goods. (5) In the case of any goods specified in sub-sections (3) and (4) which are not likely to deteriorate, the period for warehousing of such goods may, with reasons in writing, be extended by the Commissioner of Customs (Bond) or any other Commissioner of Customs authorized by the Board in this behalf for a period not exceeding three months and subsequently by the Board for a further period not exceeding three months. (6) The Commissioner of customs (Bond) or any other Commissioner of Customs authorized by the Board in this behalf may reduce the period for warehousing mentioned in sub-sections (1), (3), and (4) to such reasonable period as he deems fit in each case, if the goods mentioned in sub-sections are likely to deteriorate.",
"name": "Period for which goods may remain warehoused",
"related_acts": "",
"section_id": 127
},
{
"act_id": 354,
"details": "20998A. When the licence of any private warehouse is cancelled, the owner of any goods warehoused therein shall, within ten days of the date on which notice of such cancellation is given or within such extended period, as the appropriate officer may allow, remove the goods from that warehouse to another warehouse or clear them for home-consumption or exportation.",
"name": "Goods to be removed if license is cancelled",
"related_acts": "",
"section_id": 128
},
{
"act_id": 354,
"details": "99. (1) Any owner of goods warehoused under this Act may, within the period of their warehousing under section 98, and with the permission of the 210Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board 211or any officer authorised for the purpose by the 212Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board, on such conditions and after giving such security, if any, as 213that Commissioner directs, remove goods from one warehouse to another warehouse in the same warehousing station. (2) When any owner desires to remove any goods, he shall apply for permission to do so in such form as the Board may prescribe.",
"name": "Power to remove goods from one warehouse to another in the same customs-station",
"related_acts": "",
"section_id": 129
},
{
"act_id": 354,
"details": "100. (1) Any owner of goods warehoused at any warehousing station may, within the period of their warehousing under section 98, remove the same for the purpose of warehousing them at any other warehousing station. (2) When any owner desires to remove any goods for such purpose, he shall apply to the 214Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board in such form and manner as the Board may prescribe stating therein the particulars of the goods to be removed, and the name of the customs-station to which they are to be removed.",
"name": "Power to remove goods from one warehousing station to another",
"related_acts": "",
"section_id": 130
},
{
"act_id": 354,
"details": "101. (1) When permission is granted for the removal of any goods from one warehousing station to another under section 100, an account containing the particulars thereof shall be transmitted by the appropriate officer of the customs-station of removal to the appropriate officer of the customs-station of destination. (2) The person requiring the removal shall before such removal enter into a bond with one sufficient surety, in a sum equal at least to the duty chargeable on such goods, for the due arrival and re-warehousing thereof at the custom-station of destination, within such time, as the 215Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board directs. (3) Such bond may be taken by the appropriate officer either the customs-station of removal or at the customs-station of destination as best suits the convenience of the owner. (4) If such bond is taken at customs-station of destination, a certificate thereof signed by the appropriate officer of such station shall at the time of the removal of such goods be produced to the appropriate officer at the customs-station of removal; and such bond shall not be discharged unless such goods are produced to the appropriate officer, and duly re-warehoused at the customs-station of destination within the time allowed for such removal or are otherwise accounted for to the satisfaction of such officer; nor until the full duty due upon any deficiency of such goods, not so accounted for, has been paid. 216(5) Notwithstanding anything contained in the aforesaid sub-sections, the 217Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board may prescribe such conditions as he deems fit for the removal of warehoused goods from special bonded warehouse.",
"name": "Transmission of account of goods to officers at warehousing station of destination",
"related_acts": "",
"section_id": 131
},
{
"act_id": 354,
"details": "102. The 218Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board may permit any person desirous of removing warehoused goods to enter into a general bond, with such sureties, in such amount and under such conditions as 219that Commissioner approves, for the removal, from time to time, of any goods from one warehouse to another, either in the same or in a different warehousing station and for the due arrival and re-warehousing of such goods at the destination within such time as 220that Commissioner directs.",
"name": "Remover may enter into a general bond",
"related_acts": "",
"section_id": 132
},
{
"act_id": 354,
"details": "103. Upon the arrival of warehoused goods at the customs-station of destination, they shall be entered and warehoused in like manner as goods are entered and warehoused on the first importation thereof, and under the laws and rules, in so far as such laws and rules are applicable, which regulate the entry and warehousing of such last-mentioned goods.",
"name": "Goods on arrival at customs-station of destination to be subject to same laws as goods on first importation",
"related_acts": "",
"section_id": 133
},
{
"act_id": 354,
"details": "221104. Any owner of warehoused goods may, at any time within the period of their warehousing under section 98, subject to submission of an ex-bond bill of entry in such form and manner and containing such particulars as the Board may direct, to the Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board, clear such goods for home-consumption by paying-(a) the duty assessed on such goods under the provisions of this Act; and(b) all rent, penalties, interest and other charges payable in respect of such goods:Provided that necessary permission shall be taken from Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board fifteen days in advance in case of special bonded warehouse for special purposes to be determined by the Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board.",
"name": "Clearance of bonded goods for home-consumption",
"related_acts": "",
"section_id": 134
},
{
"act_id": 354,
"details": "105. Any owner of warehoused goods may, at any time within the period of their warehousing under section 98, clear such goods for export out of Bangladesh on payment of all rent, penalties, interest and other charges payable as aforesaid but without paying any import duty thereon: Provided that, if the Government is of the opinion that warehoused goods of any specified description are likely to be smuggled back into Bangladesh, it may, by notification in the official Gazette, direct that such goods shall not be exported to any place outside Bangladesh without payment of duty or allow them to be exported subject to such restrictions and conditions as may be specified in the notification.",
"name": "Clearance of warehoused goods for export",
"related_acts": "",
"section_id": 135
},
{
"act_id": 354,
"details": "106. Any warehoused provisions and stores may be exported within the period of their warehousing under section 98 without payment of import duty for use on board any conveyance proceeding to a foreign territory.",
"name": "Clearance of warehoused goods for export as provisions, on a conveyance proceeding to foreign destination",
"related_acts": "",
"section_id": 136
},
{
"act_id": 354,
"details": "107. (1) An application to clear goods from any warehouse for home-consumption or for export shall be made in such form as the Board may prescribe. (2) Such application shall ordinarily be made to the appropriate officer at least twenty-four hours before it is intended to clear such goods 222: Provided that in the case of Special Bonded Warehouses, the procedure to be followed will be determined by the 223Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board.",
"name": "Application for clearance of goods",
"related_acts": "",
"section_id": 137
},
{
"act_id": 354,
"details": "108. If any goods upon which duties are levied ad valorem are damaged or deteriorated due to an unavoidable accident or cause after they have been entered for warehousing and assessed under section 80 and before they are cleared for home consumption, their value in the damaged or deteriorated state may be appraised, if the owner so desires, by an officer of Customs and the duty leviable thereon shall be diminished in proportion to the diminution of their value and a new bond for twice the amount of the diminished duty may, at the option of the owner, be executed by him to replace the bond originally executed.",
"name": "Re-assessment of warehoused goods when damaged or deteriorated",
"related_acts": "",
"section_id": 138
},
{
"act_id": 354,
"details": "109. Re-assessment on alteration of duty.- omitted by section 33 of অর্থ আইন, ২০০১ (২০০১ সনের ৩০ নং আইন) .",
"name": "Omitted.",
"related_acts": "861",
"section_id": 139
},
{
"act_id": 354,
"details": "110. When any warehoused goods of such class or description as the Board having regard to the volatility of such goods and the manner of their storage may, by notification in the official Gazette, specify are, at the time of delivery from a warehouse, found to be deficient in quantity and the 224Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board is satisfied that such deficiency is on account of natural loss, no duty shall be charged on such deficiency.",
"name": "Allowance in case of volatile goods",
"related_acts": "",
"section_id": 140
},
{
"act_id": 354,
"details": "111. In respect of goods specified hereunder the appropriate officer may demand and upon such demand the owner of such goods shall forthwith pay the full amount of duty chargeable on such goods together with all rent, penalties, interest and other charges payable in respect of them, namely:- (a) \tWarehoused goods which are removed in contravention of section 97. (b) \tGoods which have not been removed from the warehouse within the time allowed for such removal under section 98. (c) \tGoods in respect of which a bond has been executed 225under section 86 or as prescribed by rules made under this Act and which have not been cleared for home-consumption or export or removed in accordance with the provisions of this Act and are lost or destroyed otherwise than as provided in sections 94 and 95 or as mentioned in section 115, or are not accounted for to the satisfaction of the appropriate officer. (d) \tGoods which have been taken under section 94 as samples without payment of duty.",
"name": "Duty on goods improperly removed from warehouse or allowed to remain beyond fixed time or lost or destroyed or taken as sample",
"related_acts": "",
"section_id": 141
},
{
"act_id": 354,
"details": "112. 226(1) If any owner fails to pay any sum demanded under section 111, the appropriate officer may either proceed upon the bond executed under 86 or as prescribed by rules made under this Act or cause such portion of the owner's goods in the warehouse or any plant or machinery or equipment used for the manufacture of goods or any other goods and properties belonging to such persons to be detained as he may consider adequate to recover the demand, and the notice in writing for such detention, shall immediately be given to the owner. (2) In case the demand is not discharged within fifteen days of the date of such notice, the goods so detained may be sold. (3) The net proceeds of any such sale shall be entered upon and adjusted against the bond and the surplus, if any, remaining after full satisfaction of the bond shall be disposed of in the manner provided in section 201. (4) No transfer or assignment of the goods shall prevent the appropriate officer from proceeding against such goods in the manner above provided, for any amount due thereon.",
"name": "Procedure on failure to pay duty, etc.",
"related_acts": "",
"section_id": 142
},
{
"act_id": 354,
"details": "113. (1) When any warehoused goods are taken out of any warehouse, the appropriate officer shall cause the fact to be noted on the back of the bond. (2) Every note so made shall specify the quantity and description of such goods, the purposes for which they have been removed, the date of removal, the name of the person removing them, the number and date of the bill of export under which they have been taken away, if removed for exportation, or of the bill of entry, if removed for home-consumption and the amount of duty paid, if any. 227(3) In case of Special Bonded warehouses, the procedure to be followed will be determined by the 228Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board.",
"name": "Noting removal of goods",
"related_acts": "",
"section_id": 143
},
{
"act_id": 354,
"details": "114. 229(1) A register shall be kept of all bonds entered into for customs-duties on warehoused goods, and entry shall be made for all goods irrespective of duty paid or not in separate manner in such register of all particulars required by section 113 to be specified, or in the case of Special Bonded warehouse entry shall be made in a register to be prescribed by the Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board. (2) When such register shows that the whole of the goods covered by any bond have been cleared for home-consumption or export, or otherwise duly accounted for, and when all amounts due on account of such goods have been paid, the appropriate officer shall cancel such bond as discharged in full, and shall on demand deliver the cancelled bond to the person who executed it or who is entitled to receive it. 230(3) Any owner of a bonded warehouse or a special bonded warehouse shall make entry of the particulars of goods purchased from local market or imported by payment of duties and taxes into the register as prescirbed by the Commissioner of Customs (Bond) or any other Commissioner of Customs authorized by the Board.",
"name": "Register of bonds",
"related_acts": "",
"section_id": 144
},
{
"act_id": 354,
"details": "115. If any warehoused goods, in respect of which a bond has been executed under section 86 and which have not been cleared for home-consumption are lost or destroyed by unavoidable accident or cause, the 231Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board may in his discretion remit the duties due thereon: Provided that, if any such goods be so lost or destroyed in a private warehouse, 232notice thereof in writing shall be given to the appropriate officer 233within 234three working days after the discovery of such loss or destruction.",
"name": "Power to remit duties on warehoused goods lost or destroyed",
"related_acts": "",
"section_id": 145
},
{
"act_id": 354,
"details": "116. The warehouse-keeper in respect of goods lodged in a public warehouse, and the licensee in respect of goods lodged in a private warehouse, shall be responsible for their due receipt therein and delivery therefrom, and their safe custody while deposited therein, according to the quantity, weight or gauge reported by the officer of Customs who has assessed such goods, allowance being made, if necessary, for deficiency in quantity on account of natural loss as provided in section 110: Provided that no owner of goods shall be entitled to claim from the appropriate officer or from any keeper of a public warehouse, compensation for any loss or damage occurring to such goods while they are being passed into or out of such warehouse, or while they remain therein, unless it be proved that such loss or damage was occasioned by the wilful act or neglect of the warehouse-keeper or of an officer of Customs.",
"name": "Responsibility of warehouse-keeper",
"related_acts": "",
"section_id": 146
},
{
"act_id": 354,
"details": "117. Locking of warehouses.- Omitted by section 17 of the Finance Act, 2002 (Act No. XIV of 2002).",
"name": "Omitted.",
"related_acts": "",
"section_id": 147
},
{
"act_id": 354,
"details": "117A. Special bonded warehouse.- Inserted by section 5 of অর্থ আইন, ১৯৯৫ (১৯৯৫ সনের ১২ নং আইন) and subsequently omitted by section 18 of অর্থ আইন, ২০০২ (২০০২ সনের ১৪ নং আইন) .",
"name": "Omitted.",
"related_acts": "796,891",
"section_id": 148
},
{
"act_id": 354,
"details": "118. The 236Commissioner of Customs (Bond) or any other Commissioner of Customs authorised by the Board may from time to time determine in what division of any 237warehouse, and in what manner, and on what terms, any goods may be deposited, and what sort of goods may be deposited in any such warehouse.",
"name": "Power to decide where goods may be deposited in warehouse, and on what terms",
"related_acts": "",
"section_id": 149
},
{
"act_id": 354,
"details": "119. The expenses of carriage, packing and storage of goods on their receipt into or removal from a public warehouse shall, if paid by the appropriate officer or by the warehouse-keeper, be chargeable on the goods and be defrayed by, and recoverable from, the owner, in the manner provided in section 112.",
"name": "Expenses of carriage, packing, etc., to be borne by owner",
"related_acts": "",
"section_id": 150
},
{
"act_id": 354,
"details": "238119A. The 239Board may, by notification in the official Gazette, add or alter any condition or requirement contained in any provision of this chapter, and if it considers expedient, relax any provision thereof, to meet any special requirement.",
"name": "Power to add, alter or relax the condition, etc.",
"related_acts": "",
"section_id": 151
},
{
"act_id": 354,
"details": "240119B. Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, the Board may, by notification in the official Gazette, declare that the operation of any bonded warehouse may be performed electronically subject to such conditions, restrictions and procedures as specified in that notification.",
"name": "Performing the operation of bonded warehouse electronically",
"related_acts": "",
"section_id": 152
},
{
"act_id": 354,
"details": "120. The provisions of this Chapter shall not apply to- (a) \tbaggage, and (b) \tgoods imported by post.",
"name": "Chapter not to apply to baggage or postal articles",
"related_acts": "",
"section_id": 153
},
{
"act_id": 354,
"details": "121. Subject to the provisions of section 15 and the rules, the appropriate officer may, on application by the owner of any goods imported at any customs-station and specially and distinctly manifested at the time of importation as for transhipment to some other customs-station or foreign destination, grant leave to tranship the same without payment of duty, if any, chargeable on such goods at the customs-station of transhipment and, in case of goods to be transhipped to some other customs-station, with or without any security or bond for the due arrival and entry of the goods thereat.",
"name": "Transhipment of goods without payment of duty",
"related_acts": "",
"section_id": 154
},
{
"act_id": 354,
"details": "122. An officer of Customs shall, in every case, be deputed free of charge to superintend the removal of transhipped goods from one conveyance to another.",
"name": "Superintendence of transhipment",
"related_acts": "",
"section_id": 155
},
{
"act_id": 354,
"details": "123. All goods transhipped under section 121 to any customs station shall, on their arrival at such customs-station, be entered in the same manner as goods on their first importation and shall be dealt with like-wise.",
"name": "Entry, etc., of transhipped goods",
"related_acts": "",
"section_id": 156
},
{
"act_id": 354,
"details": "124. Any provisions and stores in use or being carried for use on board a conveyance may, at the discretion of the appropriate officer be transhipped to another conveyance belonging wholly or partly to the same owner and present simultaneously at the same customs-station, without payment of duty.",
"name": "Transhipment of provisions and stores from one conveyance to another of the same owner without payment of duty",
"related_acts": "",
"section_id": 157
},
{
"act_id": 354,
"details": "125. Subject to the rules, a transhipment fee on any goods or class of goods transhipped under this Act may be levied at such rates, according to weight, measurement, quantity, number, bale, package or container, as the Board may, by notification in the official Gazette, prescribe for any customs-station or class of customs-stations.",
"name": "Levy of transhipment fees",
"related_acts": "",
"section_id": 158
},
{
"act_id": 354,
"details": "126. The provisions of this Chapter shall not apply to (a) baggage, and (b) goods imported by post.",
"name": "Chapter not to apply to baggage and postal articles",
"related_acts": "",
"section_id": 159
},
{
"act_id": 354,
"details": "127. (1) Subject to the provisions of section 15 and the rules any goods imported in a conveyance and mentioned in the import manifest as for transit in the same conveyance to a customs-station in Bangladesh or to any destination outside Bangladesh may be allowed to be so transited without payment of duty, if any, leviable on such goods at the customs-station of transit. (2) Any stores and provisions imported on board a conveyance which is in transit through Bangladesh to a destination outside Bangladesh may, subject to rules, be allowed to be consumed on board that conveyance without payment of the duties which would otherwise be chargeable on them.",
"name": "Transit of goods in the same conveyance",
"related_acts": "",
"section_id": 160
},
{
"act_id": 354,
"details": "128. Any goods may be transported from one part of Bangladesh to another through any foreign territory, subject to such conditions as to their due arrival at the destination as may be prescribed by rules.",
"name": "Transport of certain classes of goods subject to prescribed conditions",
"related_acts": "",
"section_id": 161
},
{
"act_id": 354,
"details": "129. Where any goods are entered for transit across Bangladesh to a destination outside Bangladesh, the appropriate officer may, subject to the provisions of the rules, allow the goods to be so transitted without payment of the duties which would otherwise be chargeable on such goods. 241: Provided that such transit shall be subject to the submission of a guarantee or security for goods in transit as a surety for customs duties and other taxes chargeable thereon.",
"name": "Transit of goods across Bangladesh to a foreign territory",
"related_acts": "",
"section_id": 162
},
{
"act_id": 354,
"details": "242129A. Fees as cost of services for goods and vehicles in transit across Bangladesh to a foreign territory may be levied at such rates as the Board may, by notification in the official Gazette, prescribe.",
"name": "Cost of Transit",
"related_acts": "",
"section_id": 163
},
{
"act_id": 354,
"details": "130. No goods other than passenger's baggage or mail bags or ballast urgently required for a vessel's safety shall be loaded or water-borne to be loaded on a conveyance at a place in a customs-station approved for the purpose under clause (b) of section 10, until an order under section 50 in respect of the conveyance has been given or permission in this behalf in writing has been granted by the appropriate officer.",
"name": "No goods to be loaded on a conveyance, till entry outwards or permission granted",
"related_acts": "",
"section_id": 164
},
{
"act_id": 354,
"details": "131. 243(1) No goods shall be loaded for exportation until- (a) \tin the case of goods other than passengers' baggage and mail bag- 244(i) the owner has delivered to the appropriate officer or, if the owner is a registered user, he has transmitted to the Customs computer system, a bill of export in such form and manner and containing such particulars as the Board may, by order, direct from time to time 245: Provided that the Commissioner of Customs may within a period of six months require the owner who has electronically transmitted a bill of export to the Customs computer system to submit to the appropriate officer a bill of export in paper duly signed by him or his authorised agent containing such information as the said Commissioner may specify; (ii)\tsuch owner has paid the duties payable on such goods; (iii) such bill has been passed by the appropriate officer; and (b)\tin the case of passengers' baggage or mail bags, the appropriate officer has permitted them to be exported: Provided that the Board may in the case of any customs-station or wharf, by notification in the official Gazette, and subject to such restrictions and conditions, if any, as it thinks fit, exempt any specified goods or class of goods or any specified person or class of persons, from all or any of the provisions of this section 246: Provided further that where the appropriate officer, in a particular case, has reason to believe that exportation of any goods in respect of which exemption has been notified under the first proviso should be intervened before its loading for exportation, he may, upon recording reasons, examine the goods or the bill of export or both, and may take other necessary action under this Act. 247(2) In a case where exemption has been allowed under the proviso to sub-section (1) and any goods have been exported subject to any conditions or under any guarantee or undertaking, the exporter shall forthwith fulfil such conditions or, as the case may be, the terms of the guarantee or undertaking and submit to the appropriate officer documents relating thereto, including proceeds realisation certificate or such other documentary evidence showing the remittance to Bangladesh of the sale proceeds of the goods exported as may be acceptable to the Board.",
"name": "Clearance for exportation",
"related_acts": "",
"section_id": 165
},
{
"act_id": 354,
"details": "132. Before any warehoused goods subject to excise duties, or goods entitled to drawback or repayment of customs-duties on exportation, or goods exportable only under particular rules or restrictions, are permitted to be exported, the owner shall, if required so to do, give security by bond in such sum not exceeding twice the duty leviable on such goods as the appropriate officer directs, with one sufficient surety, that such goods shall be exported and landed at the place for which they are entered outwards or shall be otherwise accounted for to the satisfaction of such officer.",
"name": "Bond required in certain cases before exportation",
"related_acts": "",
"section_id": 166
},
{
"act_id": 354,
"details": "133. Where the goods are cleared for shipment on a bill of export presented after port-clearance or permission to depart has been granted, the appropriate officer may, if he thinks fit, levy, in addition to any duty to which such goods are ordinarily liable, a charge not exceeding one per cent of the value of the goods determined in accordance with the provisions of section 25.",
"name": "Additional charge on goods cleared for export after port-clearance granted",
"related_acts": "",
"section_id": 167
},
{
"act_id": 354,
"details": "134. (1) If any goods mentioned in a bill of export or manifest be not loaded or be loaded and afterwards re-landed, the owner shall before the expiration of fifteen clear working days after the conveyance on which such goods were intended to be loaded or from which they were re-landed has left the customs-station, give information of such short-loading or re-landing to the appropriate officer save where the latter has occasioned the short-loading or re-landing. (2) Upon an application being made to the appropriate officer within one year of such short-loading or re-landing any duty levied upon goods not loaded or upon goods loaded and afterwards re-landed shall be refunded to the person on whose behalf such duty was paid: Provided that, where the required information of short-loading or re-landing is not given within the aforesaid period of fifteen days, the appropriate officer may make refund of duty contingent upon payment of such penalty, if any, as he may see fit to impose.",
"name": "Notice of non-loading or re-landing and return of duty thereon",
"related_acts": "",
"section_id": 168
},
{
"act_id": 354,
"details": "135. (1) If, after having cleared from any customs-station any conveyance without having discharged her cargo returns to such customs-station or puts into any other customs-station, any owner of goods in such conveyance, if he desires to land or tranship the same or any portion thereof for re-export, may, with the consent of the person-in-charge of the conveyance, apply to the appropriate officer in that behalf. (2) The appropriate officer, if he grants the application, shall thereupon send an officer of Customs to watch the conveyance and to take charge of such goods during such re-landing or transhipment. (3) Such goods shall not be allowed to be transhipped or re-exported free of duty by reason of the previous settlement of duty at the time of first export unless they are lodged and remain, until the time of re-export under the custody of an officer of Customs, in a place appointed by the appropriate officer, or are transhipped under such custody. (4) All expenses attending such custody shall be borne by the owner.",
"name": "Goods re-landed or transhipped from a conveyance returning to a customs-station or putting into another customs-station",
"related_acts": "",
"section_id": 169
},
{
"act_id": 354,
"details": "136. (1) In either of the cases mentioned in section 135, the person-in-charge of the conveyance may enter such conveyance inwards and any owner of goods thereon may, with the consent of the person-in-charge of conveyance, land the same under the provisions of this Act and the rules. (2) In every such case, any export duty paid shall be refunded on an application made by the owner of such goods within one year of their landing and any amount paid to owners as drawback or repayment of duty (whether of customs, excise or any other tax) shall be recovered from him or adjusted against the amount refundable.",
"name": "Conveyance returning to customs-station may enter and land goods",
"related_acts": "",
"section_id": 170
},
{
"act_id": 354,
"details": "137. (1) The appropriate officer may, on application by the person-in-charge of a conveyance which is obliged before completing her journey or voyage to put into any customs-station for repairs, permit him to land the goods or any portion thereof, and to place it in the custody of an officer of Customs during such repairs, and to load and export the same free of duty. (2) All expenses attending such custody shall be borne by the person-in-charge of the conveyance.",
"name": "Landing of goods during repairs",
"related_acts": "",
"section_id": 171
},
{
"act_id": 354,
"details": "138. (1) Where any goods are brought into a customs-station by reason of inadvertence, mis-direction or untraceability of the consignee, the Commissioner of Customs may, on application by the person-in-charge of the conveyance which brought such goods or of the consignor of such goods and subject to rules, allow export of such goods without payment of any duties (whether of import or export) chargeable thereon, provided that such goods have remained and a re-exported under the custody of an officer of Customs. 249(1A) Where any goods are brought into a customs-station by a reason other than the reasons mentioned in sub-section(1), the Commissioner of Customs may, with prior approval of the Board, allow re-exportation of such goods without payment of any duties chargeable thereon. (2) All expenses attending to such custody shall be borne by the applicant.",
"name": "Frustrated cargo and other than Frustrated cargo how dealt with",
"related_acts": "",
"section_id": 172
},
{
"act_id": 354,
"details": "139. The owner of any baggage whether a passenger or a member of the crew shall, for the purpose of clearing it, make a verbal or written declaration of its contents in such manner as may be prescribed by rules to the appropriate officer and shall answer such questions as the said officer may put to him with respect to his baggage and any article contained therein or carried with him and shall produce such baggage and any such article for examination.",
"name": "Declaration by passenger or crew of baggage",
"related_acts": "",
"section_id": 173
},
{
"act_id": 354,
"details": "140. The rate of duty, if any, applicable to baggage shall be the rate in force on the date on which a declaration is made in respect of such baggage under section 139.",
"name": "Determination of rate of duty in respect of baggage",
"related_acts": "",
"section_id": 174
},
{
"act_id": 354,
"details": "141. The appropriate officer may, subject to the limitations, conditions and restriction specified in the rules, pass free of duty any article in the baggage of a passenger or a member of the crew in respect of which the said officer is satisfied that it is bona fide meant for the use of such passenger or for making gift.",
"name": "Bona fide baggage exempt from duty",
"related_acts": "",
"section_id": 175
},
{
"act_id": 354,
"details": "142. Where the baggage of passenger contains any article which is dutiable or the import of which is prohibited or restricted and in respect of which a true declaration has been made under section 139, the appropriate officer may, at the request of the passenger, detain such article for the purpose of being returned to him on his leaving Bangladesh.",
"name": "Temporary detention of baggage",
"related_acts": "",
"section_id": 176
},
{
"act_id": 354,
"details": "143. Baggage of passengers and members of the crew in transit in respect of which a declaration has been made under section 139, may be permitted by the appropriate officer, subject to such limitations, conditions and restrictions as may be specified in the rules, to be so transited without payment of duty.",
"name": "Treatment of baggage of passengers or crew in transit",
"related_acts": "",
"section_id": 177
},
{
"act_id": 354,
"details": "144. In the case of goods imported or exported by post, any label or declaration which contains the description, quantity and value thereof shall be deemed to be an entry for import or export, as the case may be, for the purposes of this Act.",
"name": "Label or declaration in respect of goods imported or exported by post to be treated as entry",
"related_acts": "",
"section_id": 178
},
{
"act_id": 354,
"details": "145. (1) The rate of duty, if any, applicable to any goods imported by post shall be the rate in force on the date on which the postal authorities present to the appropriate officer the declaration or label referred to in section 144 for the purpose of assessing the duty thereon. (2) The rate of duty, if any, applicable to any goods exported by post shall be the rate in force on the date on which the exporter delivers such goods to the postal authorities for exportation.",
"name": "Rate of duty in respect of goods imported or exported by post",
"related_acts": "",
"section_id": 179
},
{
"act_id": 354,
"details": "146. The provisions of this Chapter shall not apply to baggage.",
"name": "Chapter not to apply to baggage",
"related_acts": "",
"section_id": 180
},
{
"act_id": 354,
"details": "147. (1) The consignor of any coastal goods shall present to the appropriate officer a bill of coastal goods in the form prescribed by the Board. (2) Every such consignor shall make a declaration on the bill of coastal goods presented by him as to the truth of the contents thereof.",
"name": "Entry of coastal goods",
"related_acts": "",
"section_id": 181
},
{
"act_id": 354,
"details": "148. No vessel shall take on board any coastal goods until the bill relating to such goods has been passed by the appropriate officer and delivered to the master of the vessel by the consignor: Provided that the appropriate officer may, in circumstances of exceptional nature, on a written application by the master of the vessel, permit loading of coastal goods pending the presentation and passing of bills relating to such goods.",
"name": "Coastal goods not to be loaded until bill relating thereto is passed",
"related_acts": "",
"section_id": 182
},
{
"act_id": 354,
"details": "149. (1) The master of a vessel carrying any coastal goods shall carry on board the vessel all bills delivered to him under section 148 and shall, within twenty-four hours of arrival of the vessel at any customs-port or coastal port, deliver to the appropriate officer all bills relating to the goods which are to be unloaded at that port. (2) Where any coastal goods are unloaded at any port, the appropriate officer shall permit their clearance if he is satisfied that they are entered in a bill delivered to him under sub-section (1).",
"name": "Clearance of coastal goods at destination",
"related_acts": "",
"section_id": 183
},
{
"act_id": 354,
"details": "150. The master of a vessel carrying coastal goods which has touched at any foreign port immediately before its arrival at a port of Bangladesh shall deliver, along with the bills referred to in section 149, a declaration stating that fact and indicating the particulars and specifications of the cargo, if any, discharged or taken on board at such foreign port.",
"name": "Declaration concerning coasting vessel which has touched foreign port",
"related_acts": "",
"section_id": 184
},
{
"act_id": 354,
"details": "151. (1) There shall be kept on board every coasting vessel a cargo book stating the name of the vessel, the port at which she is registered and the name of the master. (2) It shall be the duty of the master of every coasting vessel to enter or cause to be entered in the cargo book- (a) \tthe port to which and each voyage on which the vessel is bound; (b) \tthe respective times of departure from every port of lading and of arrival at every port of discharge; (c) \tthe name of every port of lading and an account of all goods taken on board at that port with a description of the packages and the quantities and description of the goods contained therein or stowed loose and the names of the respective shippers and the consignees in so far as such particulars be ascertainable; (d) \tthe name of every port of discharge and the respective days on which such goods or any of them are delivered out of such vessel. (3) The entries relating to the loading and discharge of goods shall be made respectively at the ports of lading and discharge. (4) Every such master shall on demand produce the cargo book for the inspection of the appropriate officer and such officer may make such note or remark therein as he considers necessary.",
"name": "Cargo book",
"related_acts": "",
"section_id": 185
},
{
"act_id": 354,
"details": "152. No coastal goods shall be loaded on, or unloaded from, any vessel at any port other than a customs-port or a coastal port declared under section 9.",
"name": "Coastal goods not to be loaded or unloaded except at customs-port or coastal port",
"related_acts": "",
"section_id": 186
},
{
"act_id": 354,
"details": "153. (1) No coasting vessel which has brought or loaded any coastal goods at a customs-port or coastal port shall depart from such port until a written order to that effect has been given by the appropriate officer. (2) No such order shall be given until- (a) \tthe master of the vessel has answered the questions, if any, put to him; (b) \tall charges and penalties, if any, payable in respect of that vessel or by its master have been paid or the payment secured by such guarantee as the appropriate officer may direct.",
"name": "Coasting vessel to obtain written orders before departure",
"related_acts": "",
"section_id": 187
},
{
"act_id": 354,
"details": "154. (1) Sections 64, 65 and 66 shall, so far as may be, apply to coastal goods as they apply to imported goods or goods for export. (2) Sections 48 and 60 shall, so far as may be, apply to vessels carrying coastal goods as they apply to vessels carrying imported goods or goods for export. (3) The Government may, by notification in the official Gazette, direct that all or any of the other provisions of Chapter VII and the provisions of section 78 shall apply to coastal goods or vessel carrying coastal goods with such exceptions and modifications, if any, as may be specified in the notification.",
"name": "Application of certain provisions of this Act to coastal goods",
"related_acts": "",
"section_id": 188
},
{
"act_id": 354,
"details": "155. No goods shall be carried coastwise or shipped as stores in a coasting vessel contrary to any prohibition or restriction imposed by or under any law, nor shall such goods or stores be brought to any place in Bangladesh for the purpose of being so carried or shipped.",
"name": "Prohibition of the coastal trade of certain goods",
"related_acts": "",
"section_id": 189
},
{
"act_id": 354,
"details": "156. (1) Whoever commits any offence described in column 1 of the Table below shall, in addition to and not in derogation of any punishment to which he may be liable under any other law, be liable to the punishment mentioned against that offence in column 2 thereof:- TABLE Offences Penalties Section of this Act to which offences has reference 1. If any person contravenes any provision of this Act or any rule made thereunder, or abets any such contravention or fails to comply with any provision of this Act or any such rule with which it was his duty to comply, where no express penalty has been provided elsewhere for such contravention or failure, such person shall be liable to a penalty not exceeding 250 one lac Taka. General 2. (i) If any goods imported by sea or air be unloaded or attempted to be unloaded at any place other than a customs-port or customs-airport declared under section 9 for unloading of such goods; or 251Such goods shall be liable to confiscation 252or to a penalty not exceeding twice the value of the goods or to both and any person concerned in the offence shall be liable to a penalty not exceeding ten times the value of the goods; and upon conviction by a Magistrate he shall further be liable to imprisonment for a term not exceeding six years and to fine not exceeding ten times the value of such goods. 9 & 10 (ii) if any goods be imported by land or inland water through any route other than a route declared under clause (c) of section 9 for the import of such goods; or (iii) if any goods be attempted to be exported by sea or air from any place other than a customs-port or customs-airport appointed for the loading of such goods; or (iv) if any goods be attempted to be exported by land or inland water through any route other than a route declared under clause (c) of section 9 for the export of such goods; or (v) if any imported goods be brought into any bay, gulf, creek or river for the purpose of being landed at a place other than a customs-port; or (vi) if any goods be brought near the land frontier or the coast of Bangladesh or near any bay, gulf, creek or river for the purpose of being exported from a place other than a customs-station or where any place has been approved under clause (b) of section 10 for the loading of such goods, from any place other than the place so approved; 3. (i) If any person exports or lands goods, or aids in the export or landing of goods, or knowingly keeps or conceals or knowingly permits or procures to be kept or concealed, any goods exported or landed, or intended to be exported or landed, contrary to the provisions of this Act; or such person shall be liable to a penalty not exceeding 253fifty thousand Taka. General (ii) If any person be found to have been on board any conveyance liable to confiscation on account of the commission of the offence under clause 4 of this Table, while such conveyance is within any place which is not a customs-station for the export and landing of goods; 9 & 10 4. If any conveyance which has been within the limits of any customs-station in Bangladesh with goods on board, be afterwards found anywhere in Bangladesh with the whole or any portion of such goods missing, unless the person-in-charge of the conveyance be able to account for the loss of, or deficiency in, the goods; the duty in respect of goods so lost or deficient shall be payable by the person-in-charge of the conveyance; and such conveyance shall also be liable to confiscation. 9 & 10 5. (i) If any goods are unloaded from any conveyance inward bound, without the the person-in-charge of every such conveyance used for irregular import or export of 9 & 10 authority of the appropriate officer into any other conveyance at any place other than a place declared under section 9 for the unloading of goods; or if any goods are loaded into any conveyance outward bound from any other conveyance, without such authority, from or at any place other than a place declared under section 9 for the loading of goods; or goods shall be liable to a penalty not exceeding 254fifty thousand Taka; and the goods and the conveyance shall also be liable to confiscation. (ii) If any goods on which drawback has been granted are put, without such authority, on board any conveyance for the purpose of being re-landed; 6. If any vessel arriving at, or departing from, any customs-port fails, when so required under section 14 to bring-to at any such station as has been appointed by the Commissioner of Customs for the boarding or landing of an officer of Customs; the master of such vessel shall be liable to a penalty not exceeding 255twenty thousand Taka. 14 7. (i) If any vessel arriving at any customs-port, after having come to its proper place of mooring or unloading, removes from such place, except with the authority of the Conservator, obtained in accordance with the provisions of the Ports Act, 1908 (XV of 1908) or other lawful authority, to some other place of mooring or unloading; or the master of such vessel shall be liable to a penalty not exceeding 256twenty thousand Taka; and the vessel, if not entered, shall not be allowed to enter until the penalty is paid. 14 (ii) if any vessel not brought into port by a pilot be not anchored or moored in accordance with any direction of the Commissioner of Customs under section 14; 8. If any goods be smuggled into or out of Bangladesh, such goods shall be liable to confiscation and any person concerned in the offence shall be liable to a penalty not exceeding ten times the value of the goods; and upon conviction by a Magistrate he shall further be liable to imprisonment for a term not exceeding six years and to fine not exceeding ten times the value of such goods, 257* * *. General 9. (i) If any goods, not being goods referred to in clause 8, are imported into or exported from Bangladesh evading payment of leviable customs-duties or in violation of any prohibition or restriction on the importation or exportation of such goods imposed by or under this Act or any other law; or such goods shall be liable to confiscation; and any person concerned in the offence shall also be liable to a penalty not exceeding two times the value of the goods. 15 & 16 (ii) if any attempt be made so to import or export any such goods; or (iii) if any goods be found in any package produced before any officer of Customs as containing no such goods; or (iv) if any goods be found either before or after landing or shipment to have been concealed in any manner on board any conveyance within the limits of any sea-port, airport, railway station or other place where conveyances are ordinarily loaded or unloaded; or (v) if any such goods, the exportation of which is prohibited or restricted as aforesaid be brought within a customs-area or to a wharf, with the intention of loading them on a conveyance for exportation in violation of such prohibition or restriction; 10. If, upon an application to pass any goods through the customs-house, any person not being the owner of such goods, and not having proper and sufficient authority from the owner, subscribes or attests any document relating to any goods on behalf of such owner; such person shall be liable to a penalty not exceeding 258two lakh Taka. General 25910A. If any person contravenes the conditions, limitations or restrictions, if any, imposed under section 19 or section 20 in respect of any goods which have been exempted from the payment of the customs-duties, under that section, such person shall be liable to a penalty not exceeding 260two times the duty chargeable on such goods; and such goods shall also be liable to confiscation; and 19 & 20 11. If any goods which have been allowed temporary admission under section 21 without payment of duty subject to the condition of subsequent export be not exported, or any goods duty on which has not been paid or having been paid has been refunded be sold or transferred or otherwise disposed of in contravention of the rules or a special order made under that section, any person who sells, transfers or otherwise disposes of such goods, or aids or abets the sale, transfer or disposal of such goods, and any person in whose possession such goods are found shall be liable to a penalty not exceeding five times the duty chargeable on such goods; and such goods shall also be liable to confiscation. 21 26111A. If any person wilfully or negligently imports such goods without Pre-shipment Inspection which is not exempted from mandatory Pre-shipment Inspection Such person shall be liable to pay Pre-shipment inspection service charge at the rate as determined by the Government by the Notification published in the official Gazette and a penalty not exceeding the value of the goods, but not less than ten percent of the value of the goods. 12. If any person who without any reasonable excuse fails to comply with any requisition made under section 26 or to furnish any information as required by or under the rules to be furnished, such person shall be liable to a penalty not exceeding 262fifty thousand Taka. 26 13. If any person wilfully contravenes any rule relatable to section 28 with respect to any spirits, such person shall be liable to a penalty not exceeding 263twenty thousand Taka; and all such spirit shall be liable to confiscation. 28 14. If any person commits an offence under section 32, 264Such person shall be liable to a penalty at least twice but not exceeding four times the amount of the tax evaded in respect of which such offence is committed and such goods shall be liable to confiscation; and upon conviction by a Magistrate such person shall further be liable to rigorous imprisonment for a term not exceeding five years or to a fine not exceeding Taka fifty thousand or to both. 32 15. If any goods in respect of which draw-back has been paid or any warehoused goods cleared for exportation are not duly exported or after being exported are unloaded or re-landed at any other place in Bangladesh otherwise than in accordance with the provisions of this Act and the rules, any person who fails to export such goods or who unloads or re-lands the goods or any person who aids or abets the evasion of export or such unloading or re-landing shall be liable to a penalty not exceeding three times the value of such goods or 265*** and the goods which are not so exported or which are so unloaded or re-landed together with the conveyance from which they are unloaded or re-landed shall also be liable to confiscation. 35 & 105 16. If any provisions or stores on which drawback has been paid or on which duty has not been paid for reason of their being provisions or stores meant to be exported for use on board are not loaded on board or after being loaded are subsequently unloaded without the permission or the appropriate officer, such provisions or stores shall be liable to confiscation. 24 & 35 17. If any person fraudulently claims draw-back on any goods on which drawback is disallowed under section 39 or includes any such goods in his claim for drawback, such goods shall be liable to confiscation. 39 18. If, in any river or port where in a place has been fixed under section 43 by the Board, any vessel arriving passes beyond such place, before delivery of a manifest to the pilot, officer of Customs, or other person duly authorised to receive the same, the master of such vessel shall be liable to a penalty not exceeding 266fifty thousand Taka. 43 19. If the master of any vessel arriving, which remains outside or below any place fixed, under section 43, wilfully omits, for twenty-four hours after anchoring, to deliver a manifest as required by this Act, such master shall be liable to a penalty not exceeding 267fifty thousand Taka. 43 20. If, after any vessel has entered any customs-port in which a place has not been fixed under section 43, the master of such vessel wilfully omits, for twenty-four hours, after anchoring, to deliver a manifest as required by this Act, such master shall be liable to a penalty not exceeding 268fifty thousand Taka. 43 21. If, after any conveyance other than a vessel has entered any land customs-station or customs-airport, the person-in-charge of such conveyance wilfully omits, for twenty-four hours after arrival, to deliver a manifest as required by this Act, such person shall be liable to a penalty not exceeding 269fifty thousand Taka. 44 22. If any person required by this Act to receive an import manifest from the person-in-charge of a conveyance refuses to do so, or fails to countersign the same or to enter thereon the particulars referred to in section 46, such person shall be liable to a penalty not exceeding 270twenty thousand Taka. 43 & 46 23 (i) If, any import or export manifest delivered under any provision of this Act is not signed by the person delivering the same or is not in the form prescribed under this Act or does not contain the particulars of the conveyance, goods and journey required to be stated in such manifest by or under this Act; or the person delivering such manifest shall be liable to a penalty not exceeding 271fifty thousand Taka. 45 & 53 (ii) If any manifest so delivered does not contain a specification true to the best of such personÔÇÖs knowledge of all goods imported or to be exported in such conveyance, 24. (i) If any goods entered in the import manifest of a conveyance are not found in that conveyance; or the person-in-charge of such conveyance shall be liable to a penalty not exceeding twice the amount of duty chargeable on the goods not found on the conveyance or, if such goods are not dutiable or the duty thereon cannot be ascertained, to a penalty not exceeding 272twenty five thousand Taka for every missing or deficient package or separate article, and in the case of bulk goods to a penalty not exceeding the value of the goods, or 273two lakh Taka, whichever be higher. 45, 53 & 55 (ii) if the quantity found in the conveyance is short, and the shortage is not accounted for to the satisfaction of the officer-in-charge of the custom-house, 25. If any bulk is broken on a vessel in contravention of section 47 or without a special pass granted under section 49, the master of such vessel shall be liable to a penalty not exceeding 274two lakh Taka. 47 & 49 26 (i) If any bill of lading or copy required under section 48, is false and the person-in-charge of the conveyance is unable to satisfy the appropriate officer that he was not aware of the fact; or if any such bill or copy has been altered with fraudulent intent; or the person-in-charge of such conveyance shall be liable to a penalty not exceeding 275two lakh Taka. 48 (ii) if the goods mentioned in any such bill or copy have not been bona fide shipped or loaded as shown therein; or if any such bill of lading or any bill of lading of which a copy is delivered has not been made previously to the departure of the conveyance from the place where the goods referred to in such bill of lading were shipped or loaded; or (iii) if any part of the cargo or goods has been stayed, destroyed or thrown overboard, or if any package has been opened and any part of the cargo or goods be not accounted for to the satisfaction of the appropriate officer, 27. If the person-in-charge of a conveyance attempts to depart from the customs-station without a port-clearance or written permission of the appropriate officer, granted under section 51 or section 52, as the case may be, such person shall be liable to a penalty not exceeding 276two lakh Taka. 51 & 52 28. If any conveyance actually departs from a customs-station without obtaining the port-clearance or the written permission of the appropriate officer, as the case may be, the person-in-charge of such conveyance shall be liable to a penalty not exceeding 277two lakh Taka. 51 & 52 29. If any pilot takes charge of any vessel proceeding out of Bangladesh notwithstanding that the master of the vessel does not produce a port clearance, such pilot shall be liable to a penalty not exceeding 278two lakh Taka. 51 30. If the person-in-charge of a conveyance refuses to receive on board any officer of Customs deputed under section 60, such person shall be liable to a penalty not exceeding 279twenty thousand Taka for each day during which such officer is not received on board the conveyance, and the conveyance if not entered shall not be allowed to enter until such penalty is paid. 61 31. If the master of a vessel or the person-in-charge of a conveyance other than a vessel or an aircraft refuses to provide such officer with suitable accommodation and adequate quantity of fresh water, such master or person shall, in each such case, be liable to a penalty not exceeding 280twenty thousand Taka. 61 32. (i) If the person-in-charge of any conveyance refuses to allow such conveyance or any box, place or close receptacle therein to be searched when so required by an officer of Customs bearing a written order to search; or such person shall be liable to a penalty not exceeding 281two lakh Taka. 62 (ii) if an officer of Customs places any lock, mark or seal upon any goods in any conveyance, and such lock, mark or seal is wilfully opened, altered or broken, before due delivery of such goods; or (iii) if any such goods are secretly conveyed away; or (iv) if any hatchway or entrance to the hold of a conveyance after having been fastened down by an officer of Customs is opened without his permission, 33. If the person-in-charge of a conveyance laid up by the withdrawal of the officer of Customs shall, before application is made by him for an officer of Customs to superintendent the receipt of goods, causes or suffers to be put on board such conveyance any goods whatever in contravention of section 64, such person shall be liable to a penalty not exceeding 282two lakh Taka and the goods if protected by a pass or written order shall be liable to be re-landed for examination at the expense of the person-in-charge and, if not protected by a pass or written order, shall be liable to confiscation. 64 34. If the person-in-charge of a conveyance, in any case other than that provided for in clause 33 of this Table, causes or suffers any goods to be discharged, put on board the conveyance or water-borne contrary to the provisions of section 64 or section 65 or any rules relating to baggage, such person shall be liable to a penalty not exceeding 283two lakh Taka; and all goods so discharged, put on board the conveyance or water-borne shall be liable to confiscation. 64, 65 & 141 35 (i) If, when a boat-note is required section 68, any goods water-borne for the purpose of being landed from any vessel and warehoused or passed for importation, or of being shipped for exportation, be found without such note; or the person by whose authority the goods are being landed or shipped, and the person-in-charge of the boat, shall each be liable to a penalty not exceeding twice the amount of duty leviable on the goods, or, if such goods be non-dutiable to a penalty not exceeding 284five thousand Taka; and such goods shall also be liable to confiscation. 68 (ii) if any goods, are found on board any boat in excess of such boat-note, whether such goods are intended to be landed, from, or to be shipped on board any vessel, 36. If any person refuses to receive, or fails to sign, or to note the prescribed particulars upon, any boat-note, as required by section 68, or if any master or officer of a vessel receiving the same fails to deliver it when required so to do by any officer of Customs authorised to make such requisition, such person, master or officer shall be liable to a penalty not exceeding 285twenty thousand Taka. 68 37 (i) If any goods are, without permission, shipped or loaded on board a conveyance proceeding out of Bangladesh or are water-borne to be so shipped or loaded or are landed except from or at a wharf or other place duly appointed for the purpose; or the person by whose authority the goods are shipped, loaded, landed, water-borne or transhipped and the person-in-charge of the conveyance employed in conveying them, shall each be liable to a penalty not exceeding five times the value of the goods; and such goods shall also be liable to confiscation. 66, 69 & 70 (ii) If any goods water-borne for the purpose of being landed or shipped or loaded are not landed, shipped or loaded without unnecessary delay; or (iii) if the boat containing such goods be found out of the proper track between the vessel and the wharf or other proper place of landing or shipping or loading and such deviation be not accounted for to the satisfaction of the appropriate officer; or (iv) if any goods are transhipped contrary to the provisions of section 70, 38. If, after the issue of a notification under section 71 with regard to any port, any goods are found within the limits of such port on board any boat not duly licensed and registered, the owner or the person-in-charge of the boat shall be liable to a penalty not exceeding 286five thousand Taka; and such goods shall also be liable to confiscation unless they are covered by a special permit of the Commissioner of Customs. 71 39. If any boat or vessel not exceeding one hundred tons does not comply with the rules relatable to section 72, such boat or such vessel shall be liable to confiscation. 72 40. If any person-in-charge of any conveyance unloads or suffers to be unloaded any goods not duly entered in the manifest of such conveyance, such person shall be liable to a penalty not exceeding 287two lakh Taka. 45 & 75 41. If any goods are found concealed in any place, box or close receptacle in any conveyance and are not duly accounted for to the satisfaction of the officer-in-charge of the customs-house, such goods shall be liable to confiscation. General 42. If any goods are found on board any conveyance in excess of those entered in the manifest, or not corresponding with the specification therein contained, such goods shall be liable to confiscation. 45 & 75 43. If after any goods have been landed and before they have been passed through the custom-house, the owner removes or attempts to remove them, with the intention of defrauding the revenue, if the goods cannot be recovered, the owner shall be liable, in addition to full duty, to a penalty not exceeding five times the amount of such duty, or, if such goods are not dutiable or duty thereon cannot be ascertained, to a penalty not exceeding 288two lakh Taka for every missing or deficient package or separate article, and in the case of bulk goods to a penalty not exceeding 289two lakh Taka, or the value of the goods, whichever be higher. 75 & 80 29043A. If any person or agent receiving goods or any portion into his custody, 291* * * the person or the agent concerned shall be liable, in addition to full duty, 78; removes or attempts to remove them from the port area with the intention of defrauding the revenue, to a penalty not exceeding ten times the amount of such duty, or, if such goods are not dutiable or duty thereon cannot be ascertained, to a penalty not exceeding 292two lakh Taka for every missing or deficient package or separate article, and in the case of bulk goods, to a penalty not exceeding 293two lakh Taka, or ten times the value of the goods, whichever be higher; and upon conviction by a Magistrate he shall further be liable to imprisonment for a term not exceeding 294ten years. 44. If, in relation to any goods in respect of which a declaration is required on a bill of entry or a bill of export, as the case may be, it be found that the goods have apparently been packed so as to deceive the officer of Customs, the owner of the goods and every person who aids or abets such packing shall be liable to a penalty not exceeding 295two lakh Taka; and such goods shall also be liable to confiscation. 79 & 131 45. If any goods have been declared on a bill of entry or bill of export, as the case may be, and it is found that goods not so declared have been concealed in, or mixed with, the goods so declared, the owner of such goods and every person who aids or abets such concealment or mixing of goods shall be liable to a penalty not exceeding 296two lakh Taka; and both the goods so declared and the goods not so declared shall be liable to confiscation. 79 & 131 46. If, when goods are passed by bale or by package, any omission or mis-description thereof tending to injure the revenue be discovered, the person guilty of such omission or mis-description shall be liable to a penalty not exceeding ten times the amount of duty which might have been lost to Government by such omission or mis-description, unless it be proved to the satisfaction of the officer-in-charge of the customs-house that the variance was accidental. 79 & 88 47. If without entry duly made, any goods are taken or passed out of any customs-station, the person so taking or passing such goods, shall, in every such case, be liable to a penalty not exceeding five times the value of goods; and such goods shall also be liable to confiscation. 79 29729847A. If any person- (i) without lawful authority gains access to, or attempts to gain access to, any Customs computerised entry processing system; or such person shall be liable to a penalty not exceeding twice the amount of duty taxes involved or five lakh Taka whichever is higher; and on conviction before a Magistrate, shall be further liable to imprisonment for a term not exceeding two years, or to a fine not exceeding five lakh Taka, or to both. 79B (ii) without lawful authority gains access to, or attempts to gain access to, any Customscomputerised entry processing system or any trade or passenger information received for the purpose of Customs clearance, uses or discloses information obtained from such system or arrangement for a purpose that is not authorized; or such person shall be liable to a penalty not exceeding five lakh Taka; and on conviction before a Magistrate, shall be further liable toimprisonment for a term not exceeding two years, or to a fine not exceeding five lakh Taka, or to both 79B & 204B (iii) having lawful access to any Customs computerised entry processing system or any trade or passenger information received for the purpose of Customs clearance, uses or discloses information obtained from such system or arrangement for a purpose that is not authorized; or such person shall be liable to a penalty not exceeding two lakh Taka; and on conviction before a Magistrate, shall be further liable to imprisonment for a term not exceeding two years, or to fine not exceeding five lakh Taka, or to both. 79B & 204B (iv) who is not authorized to do so, receives information obtained from any Customs computerised entry processing system or from any other means for the purpose of Customs clearance, and uses, discloses,publishes or authorizes dissemination of such information, such person shall be liable to a penalty not exceeding two lakh Taka; and on conviction before a Magistrate, shall be further liable to imprisonment for a term not exceeding two years, or to fine not exceeding five lakh Taka, or to both. 79B & 204B 47B. If any person (i) falsifies any record or information stored in any Customs computerised entry processing system; or such person shall be liable to a penalty not exceeding five lakh Taka; and on conviction before a Magistrate, shall be further liable to imprisonment for a term not exceeding three years or to a fine not exceeding five lakh Taka, or to both. 79B to 79G (ii) damages or impairs any Customs computerised entry processing system; or (iii) damages or impairs any duplicate tape or disc or other medium on which any information obtained from Customs computerised entry processing system is held or stored otherwise than with the permission of the Board. 47C. If any person- (1) (2) (3) (i) not being a registered user, uses a unique identifier to authenticate a transmission of information to the Customs computerised entry processing system; or such person shall be liable to a penalty not exceeding five lakh Taka; and on conviction before a Magistrate, shall be further liable to imprisonment for a term not exceeding two years or to a fine not exceeding five lakh Taka, or to both. 79B to 79G (ii) being a registered user, uses the unique user identifier of any other registered user, to authenticate a transmission of information to the Customs computerised entry processing system, 48. If any prohibited or dutiable goods are found, either before or after landing, concealed in any passenger's baggage, the passenger shall be liable to a penalty not exceeding five times the value of the goods; and such goods shall also be liable to confiscation. General 49. If any goods entered to be warehoused are carried into the warehouse, unless with the authority, or under the care, of the appropriate officer, and in such manner, by such persons, within such time, and by such roads or ways, as such officer directs, any person so carrying them shall be liable to a penalty not exceeding 299two lakh Taka; and such goods shall also be liable to confiscation. 87 50. If any goods entered to be warehoused are not duly warehoused in pursuance of such entry, or are withheld, or removed from any proper place of examination before they have been examined and certified by the appropriate officer, such goods shall be deemed not to have been duly warehoused, and shall be liable to confiscation. 88 (1) (2) (3) 51. If any warehoused goods be not warehoused in accordance with the provisions of Chapter XI, 300such goods shall be liable to confiscation and a penalty twice the value of the goods shall also be imposed; and upon conviction by a Magistrate such keeper shall further be liable to rigorous imprisonment for a term not less than three months but not exceeding two years. Chapter XI 30151A. If any person misuses warehouse facilities for evading payment of customs duties and taxes leviable thereon. A penalty twice the amount of duty and tax evaded shall be imposed on such person; and he shall also be liable to rigorous imprisonment for a term not exceeding five years by a Magistrate. Chapter XI 52. If the licensee of any private warehouse licensed under this Act does not open the same when required so to do by any officer entitled to have access thereto, or, upon demand made by any such officer, refuses access to any such officer, such licensee shall be liable to a penalty not exceeding 302303one lakhTaka, and shall further be liable to have his licence forthwith cancelled. 91 53. If the keeper of any public warehouse, or the licensee of any private warehouse, neglects to show the goods warehoused therein, so that easy access may be had to every package 304parcel thereof, such keeper or licensee shall, for every such neglect, be liable to a penalty not exceeding 305306one lakh Taka. Chapter XI (1) (2) (3) or the records, accounts or documents, relating to such package or parcel, or refuses to answer questions put to him by an officer of Customs, 54. If the owner of any warehoused goods, or any person in the employ of such owner, clandestinely opens any warehouse, or, except in the presence of the appropriate officer, gains access to his goods, such owner or person shall in every such case, be liable to a penalty not exceeding 307two lakh Taka. 93 55. (i) If any warehoused goods are opened in contravention of the provisions of section 92; or such goods shall be liable to confiscation. 92 & 94 (ii) if any alteration be made in such goods or in the packing thereof, except as provided in section 94, 56. If any warehoused goods that have been delivered as stores and provisions for use on board a conveyance under the authority of this Act are re-landed, sold or disposed of in Bangladesh without due entry and payment of duty, the person-in-charge of the conveyance shall be liable to a penalty not exceeding 308two lakh Taka; and such goods shall also be liable to confiscation. 106 57. If any goods lodged in a private warehouse are found at the time of delivery therefrom to be deficient, and such deficiency is not due solely to natural loss, as allowed under section 110, the licensee of such warehouse shall, unless the deficiency be accounted for to the satisfaction of the appropriate officer, be liable to a penalty equal to five times the duty chargeable on the goods so deficient. 116 58. If the keeper of any public warehouse, or the licensee of any private warehouse, fails, on the requisition of any officer of Customs, to produce any goods which have been deposited in such warehouse, and which have not been duly cleared and delivered therefrom, and is unable to account for such failure to the satisfaction of the appropriate officer, such keeper or licensee shall, for every such failure, be liable to pay the duties due on such goods, and also a penalty not exceeding 309two thousand five hundred Taka in respect of every package or parcel so missing or deficient. 116 59. If any goods, after being duly warehoused, are fraudulently concealed in, 310*** or abstracted from any package, or transferred from one package to another, or otherwise, for the purpose of illegal removal or concealment, any person guilty of such removal, concealment, abstraction or transferment and every person aiding or abetting him shall be liable to a penalty not exceeding 311two lakh Taka312and such goods shall be liable to confiscation. Chapter XI 60. If any goods lodged in a private warehouse are found to exceed the registered quantity, 313such excess, unless accounted for to the satisfaction of the officer-in-charge, shall be charged with not exceeding three times the duty leviable thereon.. Chapter XI (1) (2) (3) 61. If any goods be removed from the warehouse in which they were originally deposited, except in the presence, or with the sanction, of the appropriate officer, or under the proper authority for their delivery, any person so removing them shall be liable to a penalty not exceeding 314two lakh Taka; and such goods shall also be liable to confiscation. Chapter XI 62. If any person illegally takes any goods out of any warehouse without payment of duty, or aids, assists or is otherwise concerned therein, 315such person shall be liable to a penalty not exceeding twice the value of the goods, and upon conviction by a Magistrate shall further be liable to rigorous imprisonment for a term not less than three months but not exceeding two years 316and such goods shall also be liable to confiscation Chapter XI 63. If any person contravenes any rule relating to transhipment or tranships goods not allowed to be transhipped, such person shall be liable to a penalty not exceeding 317two lakh Taka; and any goods in respect of which such offence has been committed shall also be liable to confiscation. 121 64. If any person contravenes any rules or condition relatable to section 128 or section 129, such person shall be liable to a penalty not exceeding 318two lakh Taka; and any goods in respect of which such offence has been committed shall also be liable to confiscation. 128 & 129 65. If any goods be taken on board any conveyance at any customs-station in contravention of section 130, the person-in-charge of such conveyance shall be liable to a penalty not exceeding 319two lakh Taka. 130 66. If any goods not specified in a duly-passed bill of export or not permitted to be exported are taken on board any conveyance, contrary to the provisions of section 131, the person-in-charge of such conveyance shall be liable to a penalty not exceeding 320two thousand five hundred Taka for every package of such goods. 131 32166A. If an exporter refuses or fails to fulfil the conditions or, as the case may be, the terms of guarantee or undertaking or to submit the documents or documentary evidences required to be fulfilled or submitted under section 131, he shall be liable to a fine not exceeding one hundred thousand Taka for every month or part thereof during which the default has continued and to pay to the appropriate officer an amount equal to the amount of the sale proceeds of the goods exported if such proceeds are not remitted to Bangladesh within a period of six months from the date of the export of the goods, and the amount so paid shall be liable to confiscation. 131 67. If any goods specified in the manifest of any conveyance or in any bill of export are not duly put on board before the departure of such conveyance, or are re-landed and notice of such short loading or re-landing be not given as required by section 134, the owner of such goods shall be liable to penalty not exceeding 322five thousand Taka; and such goods shall also be liable to confiscation. 134 68. If any goods duly put on board any conveyance be landed, except under section 135, 136, or 137, at any place other than that for which they have been cleared, the person-in-charge of such conveyance shall, unless the landing be accounted for to the satisfaction of the appropriate officer, be liable to a penalty not exceeding three times the value of the goods so landed. 135, 136 & 137 69. If any goods on account of which drawback has been paid be not found on board any conveyance referred to in section 136, the person-in-charge of such conveyance shall, unless the fact be accounted for to the satisfaction of the appropriate officer, be liable to a penalty not exceeding the value of such goods. 136 70. If the owner of any baggage fails to make a correct declaration of its contents or refuses to answer any questions put to him by the appropriate officer with respect to his baggage or any of its contents including articles carried with him or fails to produce the baggage or any such article for examination, such owner shall be liable to a penalty not exceeding three times the value of the goods in respect of which no declaration or incorrect declaration has been made or in respect of which he refuses or fails to answer any question, or which he fails to produce for examination; and such goods shall also be liable to confiscation. 139 71. If any consignor in relation to coastal goods fails to make an entry thereof in the prescribed bill as required under section 147, or while presenting such bill fails to make and subscribe to declaration as to the truth of the contents of such bill. such consignor shall be liable to a penalty not exceeding 323two lakh Taka. 147 72. If in the case of any coasting vessel the provisions of sections 148, 149, 150, 151, 152 and 153 are not complied with, the master of the vessel shall in each case be liable to a penalty not exceeding 324twenty five thousand Taka. 148 to 153 73. (i) If the master of any coasting vessel fails correctly to keep, or to cause to be kept the cargo book, or to produce the same on demand; or the master shall in each case be liable to a penalty not exceeding 325twenty thousand Taka. 151 (ii) if at any time there be found on board any such vessel any goods not entered in such book as laden, or any goods noted as delivered; or- (iii) if any goods entered as laden, and not noted as delivered, be not on board, 74. If any person contravenes the provisions of section 155 or aids in or abets such contravention, such person shall, except where any fine has been expressly provided for the violation of the prohibition or restriction in the law that imposes it, be liable to a penalty not exceeding 326twenty thousand Taka; and the goods in respect of which such contravention is committed shall also be liable to confiscation. 155 75. If any rule which prevents or regulates the taking of any coastal goods out of Bangladesh is contravened, the master of the vessel carrying such goods shall be liable to a penalty not exceeding 327two lakh Taka, and where such contravention results in the loss of any customs-duty he shall further be liable to a penalty not exceeding three times such duty; and the goods in respect of which such contravention is committed shall also be liable to confiscation. 155 76. (i) If, contrary to the provisions of this Act or any other law for the time being in force, any goods are laden on board any vessel in any customs-port or carried coast-wise; or the master of such vessel shall be liable to a penalty not exceeding 328twenty thousand Taka; and such goods shall also be liable to confiscation. Chapter XVI (ii) if any goods which have been brought coast-wise are so unladen in any such port; or (iii) if any goods are found on board any coasting vessel without being entered in the manifest or cargo book, as the case may be, of such vessel, 77. (i) If any person makes, signs or uses, or causes to be made, signed or used, any declaration, statement or document in the transaction of any business relating to the customs, knowing or having reason to believe that such declaration, statement or document is false in any material particular; or counterfeits, falsifies or fraudulently alters or destroys any such document, or any seal, signature, initials or other mark made or impressed by any officer of Customs in the transaction of any business relating to the customs; or such person shall, on conviction of any such offence before a Magistrate, be liable to imprisonment for a term not exceeding 329five years, or to fine, or to both. General (ii) being required under this Act to produce any document, refuses or neglects to produce such document; or (iii) being required under this Act to answer any question put to him by an officer of Customs, does not correctly answer such question, 78. If any person on board any conveyance in any customs-station or who has landed from any such conveyance, upon being asked by an officer of Customs whether he has dutiable or prohibited goods about his person or in his possession, declares that he has not, and if any such goods are, after such denial, found about his person or in his possession, such person shall be liable to a penalty not exceeding three times the value of such goods; and such goods shall also be liable to confiscation. General 79. (i) If any officer of Customs requires any person to be searched for dutiable or prohibited goods, or any documents connected with such goods, or to be detained, without having reasonable ground to believe that he has such goods or documents about his person; or such officer shall, on conviction before a Magistrate, be liable to a fine not exceeding 330fifty thousand Taka. 158 (ii) arrests any person without having reasonable ground to believe that he has been guilty of an offence relating to customs, 80. If, save for good and sufficient cause, any conveyance having been summoned under section 164 to stop fails to do so, the person-in-charge of such conveyance shall be liable to a penalty not exceeding 331fifty thousand Taka; and such conveyance shall also be liable to confiscation. 164 81. If any officer of Customs, or other person duly employed for the prevention of smuggling, is guilty of a wilful breach of the provisions of this Act, such officer or person shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding three years, or to fine, or to both. General 82. If any officer of Customs, or other person duly employed for the prevention of smuggling, practises, or attempts to practise, any fraud for the purpose of injuring the customs-revenue, or abets or connives at any such fraud, or any attempt to practise any such fraud, such officer or person shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding three years, or to fine, or to both. General 83. If any police-officer, whose duty it is, under section 170, to send a written notice or cause goods to be conveyed to a custom-house, neglects so to do, such officer shall, on conviction before a Magistrate, be liable to a penalty not exceeding 332five thousand Taka. 170 84. If, in relation to any goods imported or intended to be exported by land, an order permitting clearance under section 83 or section 131 is not produced, the person concerned shall be liable to a penalty not exceeding 333fifty thousand Taka, and such goods shall also be liable to confiscation. 83 & 131 85. If any person knowingly- (a) obstructs, hinders, molests or assaults any person duly engaged in the discharge of any duty or the exercise of any power imposed or such person shall, on conviction before a Magistrate, be liable to a fine of 334fifty thousand Taka and to imprisonment for a term not exceeding two years. General conferred on him by or under any of the provisions of this Act or any person acting in his aid; or (b) does anything which impedes, or is calculated to impede, the carrying out of any search for anything liable to confiscation under this Act, or the detention, seizure or removal of any such thing; or (c) rescues, damages or destroys anything so liable to confiscation or does any thing calculated to prevent the procuring or giving of evidence as to whether or not anything is so liable to confiscation; or (d) prevents the detention of any person by a person duly engaged or acting as aforesaid, or rescues any person so detained; or (e) attempts to do any of the aforementioned acts or things, or who aids or abets, or attempts to aid or abet, the doing of any of them, 86. If any person, having knowledge of the commission of any offence under this Act or of an attempt or likely attempt to commit any such offence, fails to give information in writing to the such person shall, on Conviction before a Magistrate, be liable to imprisonment for a term which may extend to one year, or to a fine not exceeding 335fifty thousand Taka or to both. 192 officer-in-charge of the nearest custom-house or customs-station, or if there be no customs-house or custom-station at a reasonably convenient distance to the officer-in-charge of the nearest police-station, 87. (i) If any officer of Customs, except in the discharge in good faith of his duty as such officer, discloses any particulars learnt by him in his official capacity in respect of any goods; or such officer shall, on conviction before a Magistrate, be liable to a fine not exceeding 336fifty thousand Taka. 199 (ii) if any officer of Customs, except as permitted by this Act, parts with the possession of any samples delivered to him in his official capacity, 88. If any person not holding a licence granted under section 207 acts as an agent for the transaction of business as therein mention, such person shall be liable to a penalty not exceeding 337twenty thousand Taka. 207 89. If any person without lawful excuse, the proof of which shall be on such person, acquires possession of, or is in any way concerned in carrying, removing, depositing, harbouring, keeping or concealing, or in any manner dealing with if the value of such goods does not exceed 338fifty thousand Taka, such goods shall be liable to confiscation and any person concerned in the offence shall be liable to a penalty not exceeding ten times the value of the goods; and if the value of such goods General smuggled goods or any goods with respect to which there may be reasonable suspicion that they are smuggled goods; Provided that if the smuggled goods be gold bullion or silver bullion the onus of proving the plea that such bullion was obtained by processing or other means employed in Bangladesh and not smuggling shall be upon the person taking that plea, exceeds 339fifty thousand Taka he shall further be liable, upon conviction by a Magistrate, to imprisonment for a term not exceeding 340ten years and to a fine not exceeding ten times the value of such goods 341* * *. 90. If any person, without lawful excuse, the proof of which shall be on such person, acquires possession of, or is in any way concerned in carrying, removing, depositing, harbouring, keeping or concealing, or in any manner dealing with any goods, not being goods referred to in clause 89, which have been unlawfully removed from a warehouse, or which are chargeable with a duty which has not been paid, or with respect to the importation or exportation of which there is a reasonable suspicion that any prohibition or restriction for the time being in force under or by virtue of this Act has been contravened, or if any person such goods shall be liable to confiscation and any person concerned shall also be liable to a penalty not exceeding 342five times the value of the goods. General is in relation to any such goods in any way, without lawful excuse, the proof of which shall be on such person, concerned in any fraudulent evasion or attempt at evasion of any duty chargeable thereon, or of any such prohibition or restriction as aforesaid or of any provision of this Act applicable to those goods. 91. If any Person, without lawful excuse, the proof of which shall be on such person, brings into Bangladesh, or is in any way concerned with the bringing into Bangladesh or who has in his possession, any bill-heading or other paper appearing to be a heading or blank, capable of being filled up and used as an invoice, purporting to be made out by or on behalf of a person or firm other than the one from whose possession the bill-heading or other paper has been recovered, or who has brought it into Bangladesh, or on whose behalf it has been brought into Bangladesh, such person shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding one year, or to a fine not exceeding 343fifty thousand Taka, or to both. General 92. Any person who bears himself in disguise or, being armed with an offensive weapon, intimidates any person duly engaged in the discharge of such person shall be liable, on conviction before a Magistrate, to imprisonment for a term not exceeding 344five years 345* * *. General any duty or the exercise of any power imposed or conferred on him by or under any of the provisions of this Act or any person acting in his aid or uses such weapon against any person- (a) while he is concerned in the movement, carriage or concealment of any goods with the intent of violating any prohibition or restriction on the importation or exportation thereof imposed by this or any other Act or with the intent of passing such goods without paying the duty chargeable thereon or without giving security for its payment; or (b) while in possession of any goods liable to confiscation under this Act, 93. If any person, by any means, makes any signal or transmits any message from any part of Bangladesh or from any ship or aircraft for the information of a person in any ship or aircraft, or across the frontier, being a signal or message connected with the smuggling or intended smuggling of goods into or out of Bangladesh, whether or not the person for whom the signal or message intended is in a position to receive it or is actually engaged at the time in smuggling goods, such person shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding 346five years, or to a fine not exceeding 347fifty thousand Taka, or to both; and any equipment or apparatus used for sending the signal or message shall also be liable to confiscation. General Explanation.- If in any proceedings under this clause, any question arises as to whether any signal or message was such a signal or message as aforesaid, the burden of proof shall lie upon the defendant. 94. If within the limits of Bangladesh, any person deposits, places or carries, or causes to be deposited, placed or carried in, through or into any building within one mile of the frontier between Bangladesh and any foreign country, or in, through or into any premises connected with any such building, any dutiable goods on which duty has not been paid, or any goods imported in contravention of any of the provisions of this Act or any other law, such person shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding 348five years, or to a fine not exceeding 349fifty thousand Taka or to both. General 95. If, within one mile of the frontier between Bangladesh and any foreign country, any building is generally used for storage of imported goods and any such goods are seized from such building and confiscated according to law, such building shall be liable to confiscation. General 96. If any person, being an importer or exporter of goods, other than for bona such person shall be liable to a penalty not exceeding 350one hundred thousand Taka. fide private or personal purposes, fails to maintain accounts in such form as may be notified by the Board, or for the period specified in section 211, 211 97. If any person contravenes any of the provisions of a notification under section 212 or of the rules regulating business connected with gold or silver or precious stones or ornaments made of gold or silver or precious stones within fifteen miles of the frontier of Bangladesh, such person shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding three years, and to a fine not exceeding 351one hundred thousand Taka. 212 98. lf any person obstructs an officer acting in the exercise of the powers conferred by sub-section (2) of section 189, such person shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding two years, or to fine, or to both. 189 Explanation.- For the purposes of any penal provisions of this Act, the offence of contravening, in respect of any goods, any of the provisions of this Act or the rules or any other law for the time being in force, shall be deemed to have been committed when, in the case of import, any vessel containing such goods arrives within twelve nautical miles of the sea coast of Bangladesh (each nautical mile measuring six thousand and eighty feet) or when, in the case of export, such goods have been loaded on any conveyance for transport to any destination outside Bangladesh, or when, in either case, the connected customs documents have been presented to the appropriate officer. (2) Where currency, gold, silver, precious stones, ornaments or other manufactures of gold, silver or precious stones, or any other goods which the Government may, by notification in the official Gazette, specify are seized under this Act in the reasonable behalf that an act to defraud the Government of any duty payable thereon or to evade any prohibition or restriction for the time being in force by or under this Act has been committed in respect of such goods, or that there is intent to commit such act, the burden of proving that no such act has been committed or there was no such intent shall be on the person from whose possession the goods were seized. 352(3) Where there is provision in sub-section (1) for conviction and sentence by a Court for any offence, the Customs Authorities shall be competent to dispose of the goods as per the provisions of this Act, and the jurisdiction of the Court shall be limited only to the criminal proceedings instituted in relation to the goods. 353(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) or in any other law for the time being in force, the Customs Authorities may sell or otherwise dispose of the seized goods during pendency of the Court proceedings, if any, after keeping samples, where practicable, with proper identification marks and if it is decided by the Court that no offence was committed, the Customs Authorities shall, where the owner or proper claimant is available, return the goods or the sale proceeds of the goods or the proceeds if they are not otherwise liable to be confiscated. 354(5) An appropriate officer of customs may inquire into or investigate any offence under this Act, and such officer, while conducting inquiry or investigation, may exercise any of the powers of a Sub-Inspector of Police and follow the procedures as laid down in the Code of Criminal Procedure,1898.",
"name": "Punishment for offences",
"related_acts": "89,75",
"section_id": 190
},
{
"act_id": 354,
"details": "157. (1) Confiscation of any goods under this Act includes any package in which they are found, and all other contents thereof. (2) Every conveyance of whatever kind used in the removal of any goods liable to confiscation under this Act shall also be liable to confiscation: 355Provided that, where a conveyance liable to confiscation has been seized by an officer of Customs, 356an officer not below the rank of Assistant Commissioner of Customs may, in such circumstances as may be prescribed by rules, order its release, pending the adjudication of the case involving its confiscation, if the owner of the conveyance furnishes him,- (a) \tin the case of the conveyance being a bus, minibus or truck or any other motor vehicle, with a personal undertaking properly attested and duly stamped by the concerned associations of vehicle owners recognised by the Government and registered with any authority specified by the Government in this behalf; (b) in the case of any other conveyance, with such bank guarantee from a scheduled bank as may be acceptable to 357an officer not below the rank of Assistant Commissioner of Customs, for the due production of the conveyance at any time and place it is required by 358an officer not below the rank of Assistant Commissioner of Customs to be produced; and upon such order the conveyance to which the order relates shall be released within seventy two hours of such undertaking or guarantee, as the case may be. (3) Confiscation of any vessel under this Act includes her tackle, apparel and furniture.",
"name": "Extent of confiscation",
"related_acts": "",
"section_id": 191
},
{
"act_id": 354,
"details": "158. (1) The appropriate officer, if he has reason to believe that any person is carrying about himself goods liable to confiscation or any documents relating thereto, may search such person, if he has landed from or is on board or is about to board a vessel within the Bangladesh customs-waters, or if he has alighted from or is about to get into or is in any other conveyance arriving in or proceeding from Bangladesh, or if he is entering or about to leave Bangladesh, or if he is within the limits of any customs-area. (2) Without prejudice to the provisions of sub-section (1) the appropriate officer may search a person, if he has reason to believe that such person is carrying about himself smuggled Platinum, any radio active mineral, gold, silver, precious stones, manufactures of Platinum, any radio active mineral, gold, silver or precious stones, or currency, or any other goods or class of goods notified by the Government in the official Gazette, or any documents relating to any one or more of the aforementioned goods.",
"name": "Power to search on reasonable ground",
"related_acts": "",
"section_id": 192
},
{
"act_id": 354,
"details": "359158A. For the purposes of entry, search, seizure and arrest under this Act, the Government may, by notification in the official Gazette, confer the powers of a Magistrate of the First Class described in the Schedule III of the Code of Criminal Procedure, 1898 (Act V of 1898) on an officer of Customs not below the rank of Assistant Commissioner.",
"name": "Conferring certain Powers of Magistrate 1st Class on Customs officers",
"related_acts": "75",
"section_id": 193
},
{
"act_id": 354,
"details": "159. (1) When any officer of Customs is about to search any person under the provisions of section 158, the officer of Customs shall inform such person about his right to be taken to a gazetted officer of Customs or Magistrate, and if such person so desires take him without unnecessary delay to the nearest gazetted officer of Customs or Magistrate before searching him, and may detain him until he can be so taken. (2) The gazetted officer of Customs or the Magistrate before whom such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person and record reasons for doing so, or else direct search to be made. (3) Before making a search under section 158, the officer of Customs shall call upon two or more persons to attend and witness the search and may issue an order in writing to them or any of them so to do, and the search shall be made in the presence of such persons and a list of all things seized in the course of such search shall be prepared by such officer or other person and signed by such witnesses. (4) A female shall not be searched except by a female.",
"name": "Persons to be searched may desire to be taken before gazetted officer of Customs or Magistrate",
"related_acts": "",
"section_id": 194
},
{
"act_id": 354,
"details": "160. (1) Where the appropriate officer has reason to believe that any person liable to search under section 158 has any goods liable to confiscation secreted inside his body, he may detain such person and produce him without unnecessary delay before an officer of Customs not below the rank of an Assistant Commissioner of Customs. (2) The aforesaid officer, if he has reasonable grounds for believing that such person has any such goods secreted inside his body and that it is necessary to have the body of such person screened or X-Rayed, may make an order to that effect, or else discharge such person forthwith, except where he is held on any other grounds. (3) Where the aforesaid officer orders such person to be screened or X-Rayed, the appropriate officer shall, as soon as practicable, take him to a radiologist possessing such qualifications as may be recognised by the Government for that purpose and such person shall allow the radiologist to screen or X-Ray his body. (4) The radiologist shall screen or X-Ray the body of such person and forward his report thereon, together with any X-Ray pictures taken by him to the aforesaid officer without unnecessary delay. (5) Where on the basis of a report from a radiologist or otherwise, the aforesaid officer is satisfied that any person has any goods liable to confiscation secreted inside his body, he may direct that suitable action for bringing such goods out of his body be taken on the advice and under the supervision of a registered medical practitioner and such person shall be bound to comply with such direction: Provided that in the case of a female no such action shall be taken except on the advice and under the supervision of a female registered medical practitioner. (6) Where any person is brought before an officer of Customs not below the rank of an Assistant Commissioner of Customs as aforesaid, he may direct that pending completion of all action under this section such person be detained. (7) No person shall be subjected to screening or X-Ray if he confesses that goods liable to confiscation are secreted inside his body and of his own consent agrees to suitable steps being taken to bring out such goods.",
"name": "Power to screen or X-Ray bodies of suspected persons for detecting secreted goods",
"related_acts": "",
"section_id": 195
},
{
"act_id": 354,
"details": "161. (1) Any officer of Customs authorised in this behalf who has reason to believe that any person has committed an offence under this Act may arrest such person. (2) Any person duly empowered for the prevention of smuggling who has reason to believe that any person who has committed an offence of smuggling under this Act may arrest such person. (3) Every person arrested under this Act shall be taken forthwith before the nearest officer of Customs authorised by the Commissioner of Customs to deal with such cases, or, if there is no such officer of Customs within a reasonable distance, to the Officer-in-Charge of the nearest police-station. (4) The officer of Customs or the Officer-in-Charge of a police-station before whom any person is taken under this section shall, if the offence be bailable, either admit him to bail to appear before the Magistrate having jurisdiction or have him taken in custody before such Magistrate. (5) When any person is taken under sub-section (4) before an officer of Customs as aforesaid, such officer shall proceed to inquire into the charge against such person. (6) For the purpose of an inquiry under sub-section (5), the officer of Customs may exercise the same powers, and shall be subject to the same provisions, as an Officer-in-Charge of a police-station may exercise and is subject to under the Code of Criminal Procedure, 1898 (Act No. V of 1898), when investigating a cognizable offence: Provided that, if the officer of Customs is of opinion that there is sufficient evidence or reasonable ground of suspicion against the accused person, he shall, if the offence be bailable, either admit him to bail to appear before a Magistrate having jurisdiction, or have him taken in custody before such Magistrate. (7) If it appears to the officer of Customs that there is no 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 officer may direct, to appear, if and when so required, before the Magistrate having jurisdiction and shall make a full report of the case to his immediate superior.",
"name": "Power to arrest",
"related_acts": "",
"section_id": 196
},
{
"act_id": 354,
"details": "162. (1) Any Magistrate may, on application by a gazetted officer of Customs stating the grounds of his belief that goods liable to confiscation or documents or things which in his opinion will be useful as evidence in any proceeding under this Act are secreted in any place within the local limits of the jurisdiction of such Magistrate, issue a warrant to search for such goods, documents or things. (2) Such warrant shall be executed in the same way, and shall have the same effect, as a search-warrant issued under the Code of Criminal Procedure, 1898 (Act No. V of 1898).",
"name": "Power to issue search warrant",
"related_acts": "75",
"section_id": 197
},
{
"act_id": 354,
"details": "163. (1) Whenever any officer or customs not below the rank of an Assistant Commissioner of Customs or any other officer 360* * * employed for the prevention of smuggling has reasonable grounds for believing that any goods liable to confiscation or any documents or things which in his opinion will be useful for or relevant to any proceeding under this Act are concealed or kept in any place and that there is a danger that they may be removed before a search can be effected under section 162, he may, after preparing a statement in writing of the grounds of his belief and of the goods, documents or things for which search is to be made, search or cause of search to be made for such goods, documents or things in that place. (2) Any officer or person who makes a search or causes a search to be made under sub-section (1) shall leave a signed copy of the aforementioned statement in or about the place searched and shall, at the time the search is made or as soon as is practicable thereafter, deliver furthermore a signed copy of such statement to the occupier of the place at his last known address. (3) All searches made under this section shall be carried out mutatis mutandis in accordance with the provisions of the Code of Criminal Procedure, 1898 (Act No. V of 1898). (4) Notwithstanding anything contained in the foregoing sub-sections and subject to previous authorisation by an officer of Customs not below the rank of an Assistant Commissioner of Customs, any officer of Customs or any person duly empowered as such may, with respect to an offence 361of smuggling- (a) arrest without warrant any person concerned in such offence or against whom reasonable suspicion exists that he is about to be concerned in such offence; (b) \tenter and search without warrant any premises to make an arrest under clause (a), or to seize any goods which are reasonably suspected to be intended for 362smuggling contrary to any prohibition or restriction for the time being in force, and all documents or things which in his opinion will be useful for or relevant to any proceeding under this Act; and- (c) for the purpose of arresting, detaining or taking into custody or preventing the escape of any person concerned or likely to be concerned in such offence, or for the purpose of seizing or preventing the removal of any goods in respect of which any such offence has occurred or is likely to occur, use or cause to be used such force to the extent of causing death as may be necessary. (5) The provisions of sub-section (4) shall apply only to the areas within five miles of the land frontier of Bangladesh, and within a five mile belt running along the sea coast of Bangladesh. (6) No suit, prosecution or other legal proceeding shall be instituted, except with the previous sanction in writing of the Government, against any person in respect of anything done or purporting to be done in exercise of the powers conferred by sub-section (1) or sub-section (2) or, in the areas specified in sub-section (3), by sub-section (4).",
"name": "Power to search and arrest without warrant",
"related_acts": "75",
"section_id": 198
},
{
"act_id": 354,
"details": "164. (1) Where the appropriate officer has reason to believe that within the territories of Bangladesh (including territorial waters) any conveyance has been, is being, or is about to be, used in the smuggling of any goods or in the carriage of any smuggled goods, he may at any time stop any such conveyance or, in the case of an aircraft, compel it to land, and- (a) \trummage and search any part of the conveyance; (b) \texamine and search any goods thereon; and (c) \tbreak open the lock of any door, fixture or package for making search. (2) Where in the circumstances referred to in sub-section (1)- (a) it becomes necessary to stop any vessel or compel any aircraft to land, it shall be lawful for any vessel or aircraft in the service of the Government while flying her proper flag or bearing flag marks and any authority authorised in this behalf by the Government to summon such vessel to stop or the aircraft to land, by means of an international signal, code or other recognised means, and thereupon such vessel shall forthwith stop or such aircraft shall forthwith land, and fails to do so, chase may be given there to by any vessel or aircraft as aforesaid and if after a gun is fired as a signal the vessel fails to stop or the aircraft fails to land, it may be fired upon; (b) \tit becomes necessary to stop any conveyance other than a vessel or aircraft, the appropriate officer may use or cause to be used all lawful means for stopping it or preventing it escape including, if all other means fail, firing upon it.",
"name": "Power to stop and search conveyances",
"related_acts": "",
"section_id": 199
},
{
"act_id": 354,
"details": "165. (1) The appropriate officer may, during the course of an inquiry in connection with the smuggling of any goods,- (a) \trequire any person to produce or deliver any document or thing to such officer, (b) \texamine any person acquainted with the facts and circumstances of the case. (2) The appropriate officer shall exercise the powers in sub-section (1) only in relation to a person who is readily available or present before him and shall be subject to the same provisions as an Officer-in-Charge of a police-station is subject to under the Code of Criminal Procedure, 1898 (Act No. V of 1898), when investigating a cognizable offence.",
"name": "Power to examine persons",
"related_acts": "75",
"section_id": 200
},
{
"act_id": 354,
"details": "166. (1) Any gazetted officer of Customs 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 in connection with the smuggling of any goods. (2) A summon 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. (3) 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 statement and produce such documents and other things as may be required: Provided that the exemption under section 132 of the Code of Civil Procedure, 1908, shall be applicable to any requisition for attendance under this section. (4) Every such inquiry as aforesaid shall be deemed to be judicial proceeding within the meaning of section 193 and section 228 of the 363Penal Code.",
"name": "Power to summon persons to give evidence and produce documents or things",
"related_acts": "86",
"section_id": 201
},
{
"act_id": 354,
"details": "167. If any person liable to be arrested under this Act is not arrested at the time of committing the offence for which he is so liable, or after arrest makes his escape, he may at any time afterwards be arrested and dealt with in accordance with the provisions of sub-sections (3), (7) of section 161 as if he had been arrested at the time of committing such offence.",
"name": "Persons escaping may be afterwards arrested",
"related_acts": "",
"section_id": 202
},
{
"act_id": 354,
"details": "168. (1) The appropriate officer may seize any goods liable to confiscation under this Act, and where it is not practicable to seize any such goods, he may serve on the owner of the goods or any person holding them in his possession or charge an order that he shall not remove, part with, or otherwise deal with the goods except with the previous permission of such officer. (2) Where any goods are seized under sub-section (1) and no show cause notice in respect thereof is given under section 180 within two months of the seizure of the goods, the goods shall be returned to the person from whose possession they were seized: Provided that the aforesaid period of two months may, for reasons to be recorded in writing, be extended by the Commissioner of Customs by a period not exceeding two months. (3) The appropriate officer may seize any documents or things which in his opinion will be useful as evidence in any proceeding under this Act. (4) The person from whose custody any documents are seized under sub-section (3) shall be entitled to make copies thereof or take extracts therefrom in the presence of an officer of Customs.",
"name": "Seizure of things liable to confiscation",
"related_acts": "",
"section_id": 203
},
{
"act_id": 354,
"details": "169. (1) All things seized on the ground that they are liable to confiscation under this Act shall, without unnecessary delay, be delivered into the care of the officer of Customs authorised to receive the same. (2) If there be no such officer at hand, all such things shall be carried to and deposited at the custom-house nearest to the place of seizure. (3) If there be no custom-house within a convenient distance, such things shall be deposited at the nearest place appointed by the Commissioner of Customs for the deposit of things so seized. (4) If the Commissioner of Customs or any other officer of Customs authorised by him in this behalf considers that any such things is perishable or liable to rapid deterioration, he shall immediately cause it to be sold in accordance with the provisions of section 201 and have the proceeds kept in deposit pending adjudication of the case 364: Provided that where practicable samples of such things with proper identification marks may be kept for the purpose of any legal proceeding or for any other purpose of this Act. (5) If on such adjudication the thing so sold is found not to have been liable to such confiscation, the entire sale proceeds, after necessary deduction of duties, taxes or dues as provided in section 201, shall be handed over to the owner.",
"name": "Things seized how dealt with",
"related_acts": "",
"section_id": 204
},
{
"act_id": 354,
"details": "170. (1) When any things liable to confiscation under this Act are seized by any police-officer on suspicion that they had been stolen, he may carry them to any police-station or Court at which a complaint connected with the stealing or receiving of such things has been made, or an inquiry connected with such stealing or receiving is in progress, and there detain such things until the dismissal of such complaint or the conclusion of such inquiry or of any trial thence resulting. (2) In every such case the police-officer seizing the things shall send written notice of their seizure and detention to the nearest custom-house and immediately after the dismissal of the complaint or the conclusion of the inquiry or trial, he shall cause such things to be conveyed to and deposited at, the nearest custom house, to be there proceeded against according to law.",
"name": "Procedure in respect of things seized on suspicion by the police",
"related_acts": "",
"section_id": 205
},
{
"act_id": 354,
"details": "365171. When anything is seized or any person is arrested under this Act, the officer or any other person making such seizure or arrest shall, at the time of making the seizure or arrest, inform in writing the person so arrested or the person from whose possession the things are seized, of the grounds of such seizure or arrest; and shall, in the case of seizure of anything, also deliver to the person from whose possession they have been seized an inventory relating thereto: Provided that where it is not practicable to deliver such inventory at the time of seizure, it shall be delivered within a period of seven working days from the date of the seizure.",
"name": "When seizure or arrest is made, reason in writing including inventory to be given",
"related_acts": "",
"section_id": 206
},
{
"act_id": 354,
"details": "172. (1) Any officer of Customs duly authorised by the Commissioner of Customs or any other officer authorised by the Government in this behalf may detain any package, brought whether by land, air or sea into Bangladesh which he suspects to contain- 366(a) any newspaper or book as defined in the Printing Presses and Publications (Declaration and Registration) Act, 1973 (XXIII of 1973), or (b) \tany document, containing any treasonable or seditious matter, that is to say, any matter the publication of which is punishable under section 123A or section 124A, as the case may be, of the 367Penal Code, and shall forward such package to such officer as the Government may appoint in this behalf. (2) Any officer detaining a package under sub-section (1) shall, where practicable, forthwith send by post to the addressee or consignee of such package notice of the fact of such detention. (3) The Government shall cause the contents of such package to be examined, and if it appears to the Government that the package contains any such newspaper, book or other document, as aforesaid, it may pass such order as to the disposal of the package and its contents as it may deem proper, and, if it does not so appear, shall release the package and its contents unless the same be otherwise liable to seizure under any law for the time being in force: Provided that any person interested in any package detained under the provisions of this section, may, within two months of the date of such detention, apply to the Government for release of the same, and the Government shall consider such application and pass such order thereon as it may deem to be proper: Provided further that, if such application is rejected, the applicant may, within two months of the date of the order rejecting the application, apply to the 368High Court Division for release of the package or its contents on the ground that the package or the contents do not contain any such newspaper, book or other document. (4) No order passed or action taken under this section shall be called in question in any Court save as provided in the second proviso to sub-section (3). Explanation.- In this section “document” includes any writing, painting, engraving, drawing or photograph, or other visible representation.",
"name": "Power to detain packages containing certain publications imported into Bangladesh",
"related_acts": "437",
"section_id": 207
},
{
"act_id": 354,
"details": "173. Every application under the second proviso to sub-section (3) of section 172 shall be heard and determined, in the manner provided by sections 99D to 99F of the Code of Criminal Procedure, 1898, by a special bench of the 370High Court Division constituted in the manner provided by section 99C of that Code.",
"name": "Procedure for disposal by High Court Division of applications for release of package so detained",
"related_acts": "75",
"section_id": 208
},
{
"act_id": 354,
"details": "174. The appropriate officer may require any person in charge of any goods which such officer has reason to believe to have been imported, or to be about to be exported by land from, or to, any foreign territory to produce the order made under section 83, permitting inward clearance of the goods or the order passing the bill of export made under section 131 permitting export of the goods: Provided that nothing in this section shall apply to any imported goods passing from a foreign frontier to an inland customs-station by a route prescribed under clause (c) of section 9: Provided further that the Board may, by notification in the official Gazette, direct that the provisions of this section shall not apply to any particular area adjoining foreign territory in relation to goods of any specified description or value.",
"name": "Power to require production of order permitting clearance of goods imported or exported by land",
"related_acts": "",
"section_id": 209
},
{
"act_id": 354,
"details": "175. If an officer of Customs or police or any member of the armed forces of Bangladesh has reasonable grounds for suspecting that any signal or message connected with smuggling or intention or designs of smuggling any goods into or out of Bangladesh is being or is about to be made or transmitted from any conveyance, house or place, he may board or enter such conveyance, house or place, and take such steps as are reasonably necessary to stop or prevent the making or transmission of the signal or message.",
"name": "Power to prevent making or transmission of certain signals or messages",
"related_acts": "",
"section_id": 210
},
{
"act_id": 354,
"details": "176. An officer of Customs not below the rank of an Assistant Commissioner of Customs may, if he so deems fit, station an officer of Customs in any factory or building used for commercial purposes and situated within five miles of the frontier of Bangladesh with the object of ensuring that the factory or building is not used in any way for the unlawful or irregular importation or exportation of goods and the officer so stationed shall have the power to inspect at all reasonable times the records of the factory or business carried on in the building and such other powers as may be prescribed by rules.",
"name": "Power to station officers in certain factories",
"related_acts": "",
"section_id": 211
},
{
"act_id": 354,
"details": "177. (1) This section shall apply to such areas adjacent to the frontier of Bangladesh as may, from time to time, be notified by the Board in the official Gazette. 371(2) In any area to which this section for the time being applies, no person shall have in his possession or control any such goods or class of goods in excess of such quantity or value as may from time to time be notified by the Government in the official Gazette, except under a permit granted by the Government in respect of the particular goods or class of goods, or by an officer authorised by the Government.",
"name": "Restriction or the possession of goods in certain areas",
"related_acts": "",
"section_id": 212
},
{
"act_id": 354,
"details": "178. If any two or more persons in company or found together and they or any of them, have goods liable to confiscation under this Act, every such person having knowledge of this fact is guilty of an offence and punishable in accordance with the provisions of this Act as if goods were found on such person.",
"name": "Punishment of persons accompanying a person possessing goods liable to confiscation",
"related_acts": "",
"section_id": 213
},
{
"act_id": 354,
"details": "372179. 373(1) In cases involving confiscation of goods or imposition of penalty under this Act, the jurisdiction and powers of the officers of Customs shall be as shown in the Table below:- 374TABLE Type of cases Designation of Officers Jurisdiction and powers (1) (2) (3) I. Adjudication of cases involving confiscation of goods or imposition of penalty or both (1) Commissioner of Customs or Commissioner of Customs (Bond) or Director General (Duty Exemption and Drawback) (2) Additional Commissioner of Customs (3) Joint Commissioner of Customs (4) Deputy Commissioner of Customs (5) Assistant Commissioner of Customs (6) Revenue Officer (1) Value of goods exceeding Taka 40 (forty) lac (2) Value of goods not exceeding Taka 40 (forty) lac (3) Value of goods not exceeding Taka 30(thirty) lac (4) Value of goods not exceeding Taka 20(twenty) lac (5) Value of goods not exceeding Taka 10 (ten) lac (6) Value of goods not exceeding Taka 4 (four) lac II. Adjudication of cases relating to Manifest clearance in custom-houses and customs-stations involving only imposition of penalty under item 24 of the Table under sub-section (1) of section 156. Deputy Commissioner of Customs or Assistant Commissioner of Customs in charge of Manifest clearance in custom-houses or customs-stations, as the case may be. Value of goods without limit.” ।",
"name": "Power of adjudication",
"related_acts": "",
"section_id": 214
},
{
"act_id": 354,
"details": "180. No order under this Act shall be passed for the confiscation of any goods or for imposition of any penalty on any person, unless the owner of the goods, if any, or such person- (a) \tis informed in writing (or if the person concerned consents in writing orally) of the grounds on which it is proposed to confiscate the goods or to impose the penalty; (b) \tis given an opportunity of making a representation in writing (or if the person concerned indicates in writing his preference for it orally) within such reasonable time as the appropriate officer may specify, against the proposed action; and (c) is given a reasonable opportunity of being heard personally or through a counsel or duly authorised agent 375: Provided that the provisions of this section shall not apply to an order of confiscation of any goods or imposition of any penalty on any person passed in consequence of a request in writing of the owner of such goods or the person concerned to the effect that the offence is admitted and that the owner of such goods or the person concerned consents in writing to accept the order passed without issuing any show cause notice to him and without prejudice to his right of appeal against such order.",
"name": "Issue of show-cause notice before confiscation of goods or imposition of penalty",
"related_acts": "",
"section_id": 215
},
{
"act_id": 354,
"details": "181. 376(1) Whenever an order for the confiscation of goods is passed under this Act, the officer passing the order may give the owner of the goods an option to pay in lieu of the confiscation of the goods such fine as the officer thinks fit. Explanation.- Any fine in lieu of confiscation of goods imposed under this section shall be in addition to any duty and charges payable in respect of such goods, and of any penalty that might have been imposed in addition to the confiscation of goods. 377(2) Nothing in this section shall apply to any goods the import of which is prohibited by or under any law.",
"name": "Option to pay fine in lieu of confiscated goods",
"related_acts": "",
"section_id": 216
},
{
"act_id": 354,
"details": "182. When any goods are confiscated under this Act they shall forthwith vest in the Government, and the officer who orders confiscation shall take and hold possession of the confiscated goods.",
"name": "Vesting of confiscated property in the Government",
"related_acts": "",
"section_id": 217
},
{
"act_id": 354,
"details": "183. (1) If any conveyance actually departs without a port clearance or permission in writing or, in the case of a vessel, after having failed to bring-to when required at any station appointed under section 14, the penalty to which the person-in-charge of such conveyance is liable may be adjudged by the appropriate officer of any customs-station, to which such conveyance proceeds, or in which it for the time being is. (2) A certificate in respect of such departure or failure to bring-to when required, purporting to be signed by the appropriate officer of the customs-station from which the conveyance is stated to have so departed, shall be prima facie proof of the fact so stated.",
"name": "Levy of penalty for departure without authority or failure to bring-to",
"related_acts": "",
"section_id": 218
},
{
"act_id": 354,
"details": "184. Any Magistrate for the time being empowered to try in a summary way the offences specified in sub-section (1) of section 260 of the Code of Criminal Procedure, 1898 may, if he thinks fit, on application in this behalf by the prosecution, try an offence under this Act except when the value of goods involved in such offences exceeds 378Taka five thousand in accordance with the provisions of sub-section (1) of section 262 and sections 263, 264 and 265 of that Code.",
"name": "Power to try summarily",
"related_acts": "75",
"section_id": 219
},
{
"act_id": 354,
"details": "185. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, and subject to the other provisions of this Act, any Magistrate of the first class specially empowered by the Government in this behalf may pass a sentence of imprisonment for a term exceeding 379five years and of fine exceeding 380ten thousand Taka for an offence under this Act.",
"name": "Special powers for Magistrates",
"related_acts": "75",
"section_id": 220
},
{
"act_id": 354,
"details": "186. (1) When any fine or penalty has been imposed, or while imposition of any fine or penalty is under consideration, in respect of any goods, such goods shall not be removed by the owner until such fine or penalty has been paid. (2) When any fine or penalty has been imposed in respect of any goods, the appropriate officer may detain any other goods belonging to the same owner pending payment of such fine or penalty.",
"name": "Detention of goods pending payment of fine or penalty",
"related_acts": "",
"section_id": 221
},
{
"act_id": 354,
"details": "187. When any person is alleged to have committed an offence under this Act and any question arises whether he did any act or was in possession of anything with lawful authority or under a permit, licence or other document prescribed by or under any law for the time being in force, the burden of proving that he had such authority, permit, licence or other document shall lie on him.",
"name": "Burden of proof as to lawful authority, etc.",
"related_acts": "",
"section_id": 222
},
{
"act_id": 354,
"details": "188. Where any document is produced by any person under this Act or has been seized under this Act from the custody or control of any person, and such document is tendered by the prosecution in evidence against him, the Magistrate shall,- (a) \tunless the contrary is proved by any such person, presume- (i)\tthe truth of the contents of such document; (ii)\tthat the signature and every other part of such document which purports to be in the handwriting of any particular person or which the Magistrate may reasonably assume to have been signed by or to be in the handwriting of, any particular person, is in that person's handwriting, and in the case of a document executed or attested that it was executed or attested by the person by whom it purports to have been so executed or attested; (b) \tadmit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence.",
"name": "Presumption as to documents in certain cases",
"related_acts": "",
"section_id": 223
},
{
"act_id": 354,
"details": "189. (1) Upon the conviction of any person for the offence of smuggling, the Government may require him to exhibit in or outside, or both in and outside, his place of business, if any notices of such number, size and lettering, and placed in such positions and containing such particulars relating to the conviction as it may determine, and to keep them so exhibited continuously for a period not less than three months from the date of conviction; and if he fails to comply fully with the requirement he shall be deemed to have committed a further offence under this Act of the nature of the original offence for which he was convicted. (2) If any person so convicted refuses or fails to comply fully with any such requirement, any officer authorised in that behalf by an order of the Government in writing may, without prejudice to any proceedings which may be brought in respect of any such refusal or failure, affix the notices in or outside, or both in and outside, the place of business of such person in accordance with the requirement of the Government in pursuance of sub-section (1). (3) If, in any case the Government is satisfied that the exhibition of notices in accordance with the requirements of the provisions of sub-section (1) or sub-section (2) will not effectively bring the conviction to the notice of persons dealing with the convicted person, the Government may, in lieu of, or in addition to any such requirement, require the convicted person to exhibit for such period, not being a period less than three months, on such stationery used in his business as may be specified in the requirement, a notice placed in such position and printed in type of such size and form and containing such particulars relating to the conviction as may be specified in the requirement; and, if he fails to comply fully with the requirement, he shall be deemed to have committed a further offence under this Act of the nature of the original offence for which he was convicted.",
"name": "Notice of conviction to be displayed",
"related_acts": "",
"section_id": 224
},
{
"act_id": 354,
"details": "190. If the Government is satisfied that it is necessary so to do, the conviction and the particulars relating to the conviction of any person for the offence of smuggling may be published in the official Gazette.",
"name": "Power to publish conviction",
"related_acts": "",
"section_id": 225
},
{
"act_id": 354,
"details": "191. Imprisonment for any offence under this Act may, in the discretion of the Magistrate, be either simple or rigorous.",
"name": "Imprisonment may be of either description",
"related_acts": "",
"section_id": 226
},
{
"act_id": 354,
"details": "192. (1) Any person who comes to know of the commission of any offence under this Act, or any attempt or likely attempt to commit any such offence, shall, as soon as may be, give information thereof in writing to the officer-in-charge of the nearest custom-house or customs-station, or if there is no such custom-house or customs-station, to the Officer-in-Charge of the nearest police-station. (2) The Officer-in-Charge of a police-station who receives any information mentioned in sub-section (1) shall as soon as possible communicate it to the officer-in-charge of the nearest custom-house or customs-station.",
"name": "Duty of certain person to give information",
"related_acts": "",
"section_id": 227
},
{
"act_id": 354,
"details": "192 A. Notwithstanding anything contained in this Act regarding adjudication or disposal of any dispute as defined and mentioned in section 192C which may or may not be pending with concerned customs authority or customs and মূল্য সংযোজন কর appellate authorities, any importer or exporter 382 or Pre-shipment Inspection Agency concerned in such disputes may apply to the concerned authorities for the resolution of the dispute through the Alternative Dispute Resolution (hereinafter ADR) process in the manner as laid down in the following sections and rules made thereunder and resort to ADR must precede the completion of the procedures under adjudication or appeal provisions of the Act.",
"name": "Alternative Dispute Resolution",
"related_acts": "",
"section_id": 228
},
{
"act_id": 354,
"details": "192B. The ADR process as mentioned in this chapter shall come into force on such date and in such Custom house or Customs-station or Commissionerate as the Board may determine by notification in the official Gazette.",
"name": "Commencement of ADR process",
"related_acts": "",
"section_id": 229
},
{
"act_id": 354,
"details": "192F. Applications received from the aggrieved importer or exporter 383or Pre-shipment Inspection Agency for ADR within this chapter, is to be processed and disposed of, according to the rules.",
"name": "Processing and Disposal of Applications for ADR",
"related_acts": "",
"section_id": 230
},
{
"act_id": 354,
"details": "192K. No civil or criminal action shall lie against any person involved with the ADR process under this chapter before any court, tribunal or authority for any action taken or agreement reached in good faith.",
"name": "Bar on suit or prosecution",
"related_acts": "",
"section_id": 231
},
{
"act_id": 354,
"details": "384192C. (1) For the purposes of this chapter, \"dispute\" means- (a) any case or proceeding- (i) of levy, assessment, collection or refund of duty and taxes or, for imposition of fine or penalty in relation to the determination of customs valuation under section 25 of any imported consignment; and (ii) pending before any customs authority or any appellate authority constituted under this Act, or the Supreme Court of Bangladesh; 385*** (b) any case or proceeding pending before customs or customs appellate authority or the Supreme Court of Bangladesh relating to fine or penalty imposed by customs authorities in respect to any matter of clean report of findings (CRF) or customs valuation, arising out of either the pre-shipment inspection system or otherwise386; and 387(c) penalty related pending disputes including those of customs classification under mandatory pre-shipment inspection system. (2) Notwithstanding anything contained in sub-section (1), the following disputes shall not be dealt with ADR, namely:- (a) fraud or criminal cases; (b) disputes involving seizure and confiscation of prohibited, restricted or smuggled goods; (c) disputes involving allegations of money laundering; (d) disputes involving customs classification of imported goods 388, except disputes related to customs classification and penalty thereof, pending under mandatory pre-shipment inspection system; and (e) disputes on alleged evasion of duties and taxes through the resort to misdeclaration of H.S. Code, name and quantity of goods, fraud of documents, violation of import and export policy or violations of customs bonded warehouse related licensing and/or bond related conditions.",
"name": "Definition and scope of disputes for ADR",
"related_acts": "",
"section_id": 232
},
{
"act_id": 354,
"details": "192D. (1) For the purpose of resolving a dispute in an alternative way the Board may appoint or select Facilitator as may be prescribed by rules. (2) For the purpose of ADR the selection or appointment, 389fees, duties and responsibilities of the Facilitator shall be provided in the rules. (3) The duties and responsibilities of the applicant-importer or exporter 390or Pre-shipment Inspection Agency for ADR shall be provided in the rules. (4) Selection of officer for representing customs authorities in the ADR negotiation and his duties and responsibilities shall be provided in the rules.",
"name": "Appointment of Facilitator and duties of the parties concerned",
"related_acts": "",
"section_id": 233
},
{
"act_id": 354,
"details": "192E. For ADR of a dispute, referred to in section 192C, the concerned importer, or exporter 391or Pre-shipment Inspection Agency, as the case may be, may apply to the following authorities: (a) for a dispute which was created and not already been adjudicated or settled before the commencement of the ADR process, the application is to be submitted in such form and manner as may be prescribed in the rules, to the concerned Commissioner of Customs or adjudicating officer or Appellate authorities, as the case may be; (b) for a dispute which arises after the commencement of the ADR process, the application is to be made before seeking or trying for settlement of the said dispute under sections 179, 193 or 196 as the case may be, of this Act, to the concerned Commissioner of Customs or adjudicating officer, as the case may be, in the manner prescribed in the rules, within ten working days from the date of issue of the concerned show cause notice or assessment order, or demand notice, as the case may be; and (c) for an application on a matter suitable for ADR which is pending before the Supreme Court of Bangladesh, the concerned petitioner, if he so desires, may apply to the concerned Commissioner of Customs for ADR, after obtaining permission from the said court, and upon granting of such permission by the court the matter shall remain stayed during the period of ADR process: Provided that, if the court disposes any such writ petition with directions to any of the above authorities to settle the matter through ADR, then the authority shall settle the case accordingly, if not otherwise barred by law.",
"name": "Application for ADR",
"related_acts": "",
"section_id": 234
},
{
"act_id": 354,
"details": "192G. (1) If the application submitted for ADR, whether pending or new dispute relates to the same Customs House or Station, all formalities mentioned in this chapter including the negotiation and agreement or disagreement or resolution, as the case may be, of the dispute, is to be completed in a period of maximum thirty working days from the date of submission of the application. (2) For a pending dispute for which application is submitted to the Commissioner Appeal or Customs and মূল্য সংযোজন কর Appellate Tribunal or any Court, the duration for the above purposes mentioned in sub-section (1) shall be sixty working days from the date of submission of the application.",
"name": "Duration of Negotiation and Resolution",
"related_acts": "",
"section_id": 235
},
{
"act_id": 354,
"details": "192H. (1) A dispute may be resolved by an 392agreement, including commitment to pay the duty and taxes or refund the same, as the case may be, in the agreed time limit, and may be concluded either wholly or in part where both the parties to the dispute accept the points for determination of the facts or laws applicable to the facts in the dispute, and agree on a settlement. (2) Where an agreement is concluded, either wholly or in part, between the applicant importer or exporter 393or Pre-shipment Inspection Agency and the Commissioner of Customs's representative, the facilitator shall record, in writing, the details of the agreement in the manner as may be prescribed by rules and shall communicate the same to the applicant, the concerned commissioner and the Board, within seven working days of the conclusion of the thirty or sixty days period, as the case may be. (3) The recording of every such agreement shall provide for the terms of the agreement including any duty and tax payable or subject to refund, and such other matters as the facilitator may think fit to make the agreement effective. (4) The agreement shall be signed by the applicant-importer or exporter, Commissioners’ representative and the facilitator. (5) The agreement shall be void if it is subsequently found that it has been concluded by fraud or misrepresentation of facts. (6) Where no agreement, whether wholly or in part, is reached, the facilitator shall communicate about such unsuccessful dispute resolution in writing to the applicant, the concerned commissioner and the Board within such period and in such manner as may be prescribed by rules. (7) Upon an agreement being reached and communicated as provided herein, the usual process of recovery of dues, if any, payable to the Government or refund of money to the importer or exporter 394or Pre-shipment Inspection Agency or any other necessary action shall proceed in accordance with the applicable provisions of the applicable laws.",
"name": "Decision of the ADR",
"related_acts": "",
"section_id": 236
},
{
"act_id": 354,
"details": "192I. (1) Notwithstanding anything contained in any other provisions of this Act where an agreement is concluded for ADR under this chapter, it shall be binding for both the parties and cannot be challenged in any appellate forum or court either by the applicant or by the customs authorities. (2) Every order of agreement, passed under this chapter shall be conclusive as to the matters stated therein and no matter covered by such order shall, save as otherwise provided in this chapter, be reopened in any proceeding under this Act or under any other law for the time being in force. 395(3) If the dues, payable to either party as per agreement, are not paid and if the same including any penalty or interest for default in making payment of such sum, if not paid within one year, such sum may either be recovered or refunded with annually 10 percent interest, or as sums due to the Government under section 202 or the applicant under section 33 of this Act.",
"name": "Effects of Agreement or Resolution",
"related_acts": "",
"section_id": 237
},
{
"act_id": 354,
"details": "192J. (1) Notwithstanding anything contained in any other provisions of this Act, where an agreement is not concluded fully or in part, the aggrieved importer or exporter 396or Pre-shipment Inspection Agency may, after completion of adjudication process, if pending, prefer an appeal to the respective appellate authorities on the unresolved issue. (2) Where a dispute under appeal, an application for ADR is made but agreement could not have been concluded within the period mentioned in section 192G or negotiation ended in disagreement, the ADR process shall automatically stand terminated and the original appeal shall be deemed to have been revived before the concerned appellate authority including any court from the day immediately after the date the ADR process stands terminated and provisions contained in respective sections of the respective law shall, so far as may be, apply accordingly. (3) In computing the period of limitations for filing appeal, the time elapsed between the filing of the application and the communication of the decision or order of the ADR by the facilitators to all the parties shall be excluded.",
"name": "Limitation for Appeal where Agreement is not concluded",
"related_acts": "",
"section_id": 238
},
{
"act_id": 354,
"details": "397193B. The Board may, on its own motion 398* * * within one year of the passing of an order, rectify any mistake or error which is apparent from the record in any order passed by it under any provision of this Act or the rules made thereunder: 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 such rectification has been given an opportunity of being heard in person or through a counsel or other person duly authorised by him.",
"name": "Power of the Board to rectify any mistake, error, etc.",
"related_acts": "",
"section_id": 239
},
{
"act_id": 354,
"details": "399193. (1) Any person aggrieved by any decision or order passed under this Act, not being a decision or order passed under section 82 or section 98, by an officer of Customs lower in rank than a Commissioner of Customs, may appeal to the Commissioner (Appeal) within three months from the date of communication to him of such decision or order: \tProvided that the Commissioner (Appeal) may, if he is satisfied that the appellant was prevented by sufficient causes from presenting the appeal within the aforesaid period of three months, allow it to be presented within a further period of two months. (2) Every appeal under this section, shall be in such form and shall be verified in such manner as may be specified by rules made in this behalf.",
"name": "Appeals to Commissioner (Appeal)",
"related_acts": "",
"section_id": 240
},
{
"act_id": 354,
"details": "193A. (1) The Commissioner (Appeal) shall give an opportunity to the appellant to be heard if he so desires. (2) The Commissioner (Appeal) may, at the hearing of an appeal, allow the appellant to go into any ground of appeal not specified in the grounds of appeal, if the Commissioner (Appeal) is satisfied that the omission of that ground from the grounds of appeal was not wilful or unreasonable. (3) The Commissioner (Appeal) may, after making such further inquiry as may be necessary, pass such order as he thinks fit confirming, modifying or annulling the decision or order appealed against: Provided that an order enhancing any penalty or fine in lieu of confiscation or confiscating goods of greater value or reducing the amount of refund shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed order: Provided further that where the Commissioner (Appeal) is of opinion that any duty has not been levied or has been short-levied or erroneously refunded, no order requiring the appellant to pay any duty not levied, short levied or erroneously refunded shall be passed unless the appellant is given notice within the time-limit specified in section 168 to show cause against the proposed order. (4) The order of the Commissioner (Appeal) disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for the decision. (5) On the disposal of the appeal, the Commissioner (Appeal) shall communicate the order passed by him to the appellant, the adjudicating authority and the Commissioner of Customs. 400(6) The Commissioner (Appeal) shall dispose of the appeal within two years from the date of receipt thereof. (7) If the Commissioner (Appeal) fails to dispose of the appeal within the time specified in sub-section (6), the Board may, upon a request made by the Commissioner (Appeal), extend that period not exceeding 6 (six) months. (8) If the appeal is not disposed of within the extended time specified in sub-section (7), the appeal shall be deemed to have been allowed.",
"name": "Procedure in appeal",
"related_acts": "",
"section_id": 241
},
{
"act_id": 354,
"details": "401193C. 402(1) There shall be a Review Committee consisting of such number of members as the Board may determine for the purposes of reviewing any matter related to the Clean Report of Findings (CRF) issued by the pre-shipment inspection agencies appointed by the Government under section 25A. (2) Any person aggrieved by any decision of the Review Committee may prefer an appeal to the Appellate Tribunal constituted under section 196. (3) The Appellate Tribunal may, after making such enquiry as it considers necessary and after giving the Commissioner or his authorised representative, the local representative of the concerned pre-shipment inspection agency, and the importer an opportunity of being heard, if they so desire, pass such order as it thinks fit, including fixing the price of the subject goods for the purpose of final assessment. (4) No fee shall be payable for an appeal under this section.",
"name": "Review Committee",
"related_acts": "",
"section_id": 242
},
{
"act_id": 354,
"details": "194. (1) Any person desirous of appealing under section 193 403or section 196A against any decision or order relating to any duty demanded in respect of goods which have ceased to be under the control of customs authorities or to any penalty levied under this Act shall, at the time of filing his appeal or if he is so permitted by the appellate authority at any later stage before the consideration of the appeal, deposit with the appropriate officer 404fifty per cent of the duty demanded or fifty per cent of the penalty imposed, or both, as the case may be: Provided that such person may, instead of depositing 405the amount of the penalty as aforesaid, deposit only fifty percent thereof and furnish a guarantee from a scheduled bank for the due payment of the balance: Provided further that where, in any particular case, the appellate authority is of the opinion that the deposit of duty demanded or 406penalty imposed will cause undue hardship to the appellant, it may dispense with such deposit, either unconditionally or subject to such conditions as it may deem fit to impose. (2) If, upon an appeal it is decided that the whole or any portion of the aforesaid duty or penalty was not leviable, the appropriate officer shall return to the appellant such amount or portion as the case may be.",
"name": "Deposit, pending appeal, of duty demanded or penalty levied",
"related_acts": "",
"section_id": 243
},
{
"act_id": 354,
"details": "195. (1) The Board may of its own motion call for and examine the records of any proceedings under this Act for the purpose of satisfying itself as to the legality or propriety of any decision or order passed therein by an officer subordinate to it and may pass such orders as it thinks fit: Provided that no order confiscating goods of greater value, or enhancing any fine in lieu of confiscation, or imposing or enhancing any penalty, or requiring payment of any duty not levied or short-levied shall be passed unless the person affected thereby has been given an opportunity of showing cause against it and of being heard in person or through a counsel or other person duly authorised by him. (2) No record of any proceedings relating to any decision or order passed by an officer of Customs shall be called for and examined under sub-section (1) after the expiry of two years from the date of such decision or order.",
"name": "Power of the Board to call for and examine records, etc.",
"related_acts": "",
"section_id": 244
},
{
"act_id": 354,
"details": "407196D. The Commissioner of Customs or the other party may, within 408ninety days of the date upon which he is served with notice of an order under section 196B, by an application, prefer an appeal to the High Court Division against such order.",
"name": "Appeal to the High Court Division",
"related_acts": "",
"section_id": 245
},
{
"act_id": 354,
"details": "196E. Power of High Court Division to require statement to be amended.- Omitted by section 40 of the Finance Act, 2000 (Act No. XV of 2000).",
"name": "Omitted",
"related_acts": "",
"section_id": 246
},
{
"act_id": 354,
"details": "409196G. (1) Where an appeal is preferred under section 196D, the High Court Division shall decide the points raised therein and such other points incidental thereto as are deemed necessary and shall deliver its judgment thereon. (2) The High Court Division, in its judgment, may award any costs upon any party to the appeal. (3) A copy of the judgment delivered under sub-section (1) shall, under the seal and signature of an officer of that Division, be sent to the Appellate Tribunal.",
"name": "Decision of the High Court Division on appeals",
"related_acts": "",
"section_id": 247
},
{
"act_id": 354,
"details": "196H. Notwithstanding that a reference has been made to the High Court Division, sums due to the Government as a result of an order passed under sub-section (1) of section 196B shall be payable in accordance with the order so passed.",
"name": "Sums due to be paid notwithstanding reference, etc.",
"related_acts": "",
"section_id": 248
},
{
"act_id": 354,
"details": "196I. In computing the period of limitation specified for an appeal or application under this Chapter, the day on which the notice of the order complained of was served, and if the party preferring the appeal or making the application was not furnished with a copy of the order when the notice of the order was served upon him, the time requisite for obtaining a copy of such order shall be excluded.",
"name": "Exclusion of the time taken for copy",
"related_acts": "",
"section_id": 249
},
{
"act_id": 354,
"details": "410196M. No appeal shall lie to any civil Court by any person, aggrieved by any decision or order, passed by an officer of Customs before appealing to and getting decision or order thereon from the Commissioner (Appeal) or the Appellate Tribunal, as the case may be.",
"name": "Bar to the jurisdiction of the Courts",
"related_acts": "",
"section_id": 250
},
{
"act_id": 354,
"details": "196N. In this Chapter,- (a) “appointed day” means the 1st day of October, 1995; (b) “President” means the President of the Appellate Tribunal.",
"name": "Definitions",
"related_acts": "",
"section_id": 251
},
{
"act_id": 354,
"details": "411196. (1) The Government shall constitute an Appellate Tribunal to be called the Customs, Excise and VAT Appellate Tribunal which shall consist of as many members as it thinks fit to exercise the powers and discharge the functions conferred on the Appellate Tribunal by this Act.(2) A person shall not be appointed as a member of the Customs, Excise and VAT Appellate Tribunal unless—(a) he was or is a member of the Board or holds the current charge of a member of the Board; or(b) he is a commissioner of Customs, Excise & VAT having experience of at least one year; or412(c) he is an Additional District Judge.(3) The Government shall appoint one of the members of the Appellate Tribunal to be the President thereof, who is a member of the Board or holds the current charge of a member of the Board.",
"name": "Appellate Tribunal",
"related_acts": "",
"section_id": 252
},
{
"act_id": 354,
"details": "196A. (1) Any person aggrieved by any of the following orders may appeal to the Appellate Tribunal against such order:- (a) 413any decision or order passed by the Commissioner of Customs or Commissioner of Customs (Bond) or Director General (Duty Exemption and Drawback) or any officer of Customs equivalent to Commissioner of Customs, not being decision or order passed under section 82 or section 98; or (b) an order passed by the Commissioner (Appeal) under section 193 as it stood immediately before the appointed day or under section 193A. (2) The Commissioner of Customs may, if he is of the opinion that an order passed by the Commissioner (Appeal) under section 193 as it stood immediately before the appointed day or under section 193A is not legal or proper, direct the proper officer to appeal on his behalf to the Appellate Tribunal against such order. 414(3) Every appeal under this section shall be filed within three months from the date on which the order sought to be appealed against is received by the Commissioner of Customs or, as the case may be, the other party preferring the appeal:Provided that the President of the Appellate Tribunal may, if he is satisfied that the appellant has not been able to file an appeal within the aforesaid period of three months due to reasonable grounds, allow it to be presented within a further period of two months. (4) On receipt of notice that an appeal has been preferred under this section, the party against whom the appeal has been preferred may, notwithstanding that he may not have appealed against such order or any part thereof, file, within forty-five days of the receipt of the notice, a memorandum of cross objections verified in such manner as may be specified by rules made in this behalf against any part of the order appealed against and such memorandum shall be disposed of by the Appellate Tribunal as if it were an appeal presented within the time specified in sub-section (3). (5) The Appellate Tribunal may admit an appeal or permit the filing of a memorandum of cross-objections after the expiry of the relevant period referred to in sub-section (3) or sub-section (4), if it is satisfied that there was sufficient cause for not presenting it within that period. (6) An appeal to the Appellate Tribunal shall be in such form and shall be verified in such manner as may be specified by rules made in this behalf and shall, in the case of an appeal made on or after the appointed day, irrespective of the date of demand or 415duties, taxes and interest or of levy of penalty in relation to which the appeal is made, be accompanied by a fee of,- (a) where the amount of 416duties, taxes and interest demanded and penalty levied by any officer of Customs in the case to which the appeal relates is one lakh Taka or less,417three hundred Taka; (b) where the amount of 418duties, taxes and interest demanded and penalty levied by any officer of Customs in the case to which the appeal relates is more than one lakh Taka,419one thousand two hundred Taka: Provided that no such fee shall be payable in the case of an appeal referred to in sub-section (2) or a memorandum of cross-objections referred to in sub-section (4). 420(7) The Appellate Tribunal shall dispose of the appeal 421within four years from the date of its receipt. (8) If the appeal is not disposed of within the time specified in sub-section (7), the appeal shall be deemed to have been allowed by the Appellate Tribunal.",
"name": "Appeals to the Appellate Tribunal",
"related_acts": "",
"section_id": 253
},
{
"act_id": 354,
"details": "196B. (1) The Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the decision or order appealed against 422or may refer the case back to the authority which passed such decision or order with such directions as the Appellate Tribunal may think fit, for a fresh adjudication or decision, as the case may be, after taking additional evidence, if necessary. (2) The Appellate Tribunal may, at any time within four years from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1) and shall make such amendments if the mistake is brought to its notice by the Commissioner of Customs or the other party to the appeal: Provided that an amendment which has the effect of enhancing the assessment or reducing a refund or otherwise increasing the liability of the other party shall not be made under this sub-section, unless the Appellate Tribunal has given notice to him of its intention to do so and has allowed him a reasonable opportunity of being heard. (3) The Appellate Tribunal shall send a copy of every order passed under this section to the Commissioner of Customs and the other party to the appeal. (4) Save as otherwise provided in section 196D, orders passed by the Appellate Tribunal on appeal shall be final.",
"name": "Orders of Appellate Tribunal",
"related_acts": "",
"section_id": 254
},
{
"act_id": 354,
"details": "196C. (1) The powers and functions of the Appellate Tribunal may be exercised and discharged by Benches constituted by the President from amongst the members thereof. 423(2) Subject to the provisions of sub-sections (3) and (4), a Bench shall consist of any two members. (3) Every appeal against a decision or order relating, among other things, to the determination of any question having a relation to the rate of duty of customs or to the value of goods for purposes of assessment shall be heard by a special Bench constituted by the President for hearing such appeals and such Bench shall consist of not less than two members. (4) The President or any other member of the Appellate Tribunal authorised in this behalf by the President may, sitting singly, dispose of any case which has been allotted to the Bench of which he is a member where- (a) the value of the goods confiscated without option having been given to the owner of the goods to pay a fine in lieu of confiscation under section 181; or (b) in any disputed case, other than a case where the determination of any question having a relation to the rate of duty of customs or to the value of goods for purpose of assessment is in issue or is one of the points in issue, the difference in duty involved or the duty involved; or (c) the amount of fine or penalty involved; does not exceed one lakh Taka; (5) If the members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority; but if the members are equally divided, they shall state the point or points on which they differ and make a reference to the President who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members of the Appellate Tribunal and such point or points shall be decided according to the opinion of the majority of these members of the Appellate Tribunal who have heard the case, including those who first heard it. (6) Subject to the provisions of this Act, the Appellate Tribunal shall have power to regulate its own procedure and the procedure of the Benches thereof in all matters arising out of the exercise of its powers or of the discharge of its functions, including the places at which the Benches shall hold their sittings. (7) The Appellate Tribunal shall, for the purposes of discharging its functions, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (Act V of 1908), when trying a suit in respect of the following matters, namely- (a) discovery and inspection; (b) enforcing the attendance of any person and examining him on oath; (c) compelling the production of books of account and other documents; and (d) issuing commissions. (8) Any proceeding before the Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the Penal Code (Act XLV of 1860) and the Appellate Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1898 (Act V of 1898).",
"name": "Procedure of Appellate Tribunal",
"related_acts": "86,75",
"section_id": 255
},
{
"act_id": 354,
"details": "196F. (1) 424Where an appeal has been preferred to the High Court Division under section 196D, it shall be heard by a Bench of not less than two Judges of the High Court Division and shall be decided in accordance with the opinion of such Judges or of the majority, if any, of such Judges. (2) Where there is no such majority, the Judges shall state the point of law upon which they differ and the case shall then be heard upon that point only by one or more of the other Judges of the High Court Division, and such point shall be decided according to the majority of the Judges who have heard the case including those who first heard it.",
"name": "Case before High Court Division to be heard by not less than two Judges",
"related_acts": "",
"section_id": 256
},
{
"act_id": 354,
"details": "196J. (1) Every appeal which is pending immediately before the appointed day before the Board under section 193 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 may proceed with such appeal or matter from the stage at which it was on that day: Provided that the appellant may demand that before proceeding further with that appeal or matter, he may be re-heard. (2) Every proceeding which is pending immediately before the appointed day before the Government under section 196 as it stood immediately before that day, and any matter arising out of or connected with such proceeding and which is so pending shall stand transferred on that day to the Appellate Tribunal and the Appellate Tribunal may proceed with such proceeding or matter from the stage at which it was on that day as if such proceeding or matter were an appeal filed before it: Provided that if any such proceeding or matter relates to an order where- (a) the value of the goods confiscated without option having been given to the owner of the goods to pay a fine in lieu of confiscation under section 181(1); or (b) in any disputed case, other than a case where the determination of any question having a relation to the rate of duty of customs or to the value of goods for purposes of assessment is in issue or is one of the points in issue, the difference in duty involved or the duty involved; or (c)\tthe amount of fine or penalty determined by such order; does not exceed ten thousand Taka such proceeding or matter shall continue to be dealt with by the Government as if the said section 196 had not been substituted: Provided further that the applicant or the other party may make a demand to the Appellate Tribunal that before proceeding further with that proceeding or matter, he may be re-heard. (3) Every proceeding which is pending immediately before the appointed day before the Board under section 193A or before the Government under section 196B as they stood immediately before that day, and any matter arising out of or connected with such proceeding and which is so pending shall continue to be dealt with by the Board or the Government, as the case may be, as if the said sections had not been substituted. (4) Any person who immediately before the appointed day was authorised to appear in any appeal or proceeding transferred under sub-section (1) or sub-section (2) shall, notwithstanding anything contained in section 196K, have the right to appear before the Appellate Tribunal in relation to such appeal or proceeding.",
"name": "Transfer of certain pending proceedings and transitional provisions",
"related_acts": "",
"section_id": 257
},
{
"act_id": 354,
"details": "425196K. (1) Notwithstanding anything contained in this Act, any person, who is entitled or required to attend before any officer of Customs, an appellate authority, the Board 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 an Advocate who is entitled to plead in any Court of Law, or a Customs Consultant as defined and licensed under rules prescribed in this behalf 426or a Chartered Accountant as is defined in Article 2(1)(b) of the Bangladesh Chartered Accountants Order, 1973 (President’s Order No. 2 of 1973), and not being disqualified 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 Advocate or Customs Consultant 427or a Chartered Accountant is found guilty of misconduct in connection with any customs 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 Commissioner of Customs, the Commissioner of Customs may direct that he shall be thenceforward disqualified to represent a person under sub-section (1): Provided that- (a) no such direction shall be issued in respect of any person unless he is given a reasonable opportunity of being heard; (b) any person against whom such direction is issued may, within one month from the date of receipt of the direction, appeal to the Board to have the direction cancelled; and (c) no 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": "442",
"section_id": 258
},
{
"act_id": 354,
"details": "428196L. The Government may, on its own motion 429* * *, within one year of the passing of an order under this Act or the rules made thereunder, call for and examine the records of the proceedings relating to such order for the purpose of satisfying itself as to the legality or propriety of the order and may pass such orders as it thinks fit, rectifying any mistake or error which becomes apparent from such examination: Provided that no such order which has the effect of confiscating goods of greater value or, enhancing any fine in lieu of confiscation enhancing any penalty or requiring the payment of a greater amount of duty shall be made unless the person affected by such order has been given an opportunity of being heard in person or through a counsel or other person duly authorised by him.",
"name": "Power of the Government to call for and examine records",
"related_acts": "",
"section_id": 259
},
{
"act_id": 354,
"details": "197. The appropriate officer shall, for the purposes of this Act, have control over all conveyances and goods in a customs-area.",
"name": "Customs control over conveyances and goods",
"related_acts": "",
"section_id": 260
},
{
"act_id": 354,
"details": "430197A. (1) Subject to the directions of the Board, an officer of Customs may, within his lawful authority, carry out all the Customs control as he deems necessary. (2) For the purpose of identifying and evaluating the risks, and developing the necessary counter-measures thereof, the Customs control, including random check, shall primarily be based on risk analysis done by using electronic data-processing techniques, if available, according to the criteria developed at local, national or international level. (3) The Board shall establish a Customs Risk Management Unit for conducting the overall customs risk management including automated risk management. For the purpose of conducting risk management in a coordinated manner with other government agencies managing international passenger traffic and controlling goods, cargo or transport a National Risk Targeting Center shall be created and managed by this Unit. (4) For the purpose of this section, the Board may appoint required number of customs officers and staffs and, from time to time, formulate rules and operational procedures. Explanations.¾For the purpose of this section, “Customs control” means measures applied by officers of customs to ensure compliance with this Act governing the import, export, transit, transfer and storage of goods and passengers including crew between Bangladesh and other countries or territories, and the presence and movements of consignments imported into, and exported from, Bangladesh and in transit.",
"name": "Customs Control and Risk Management",
"related_acts": "",
"section_id": 261
},
{
"act_id": 354,
"details": "431197B. Unless exempted by official order, no consignment shall be cleared from customs control in any customs port or customs station without electronic scanning, and where electronic scanning system is not installed or functional, competent authority may allow clearance of such consignment by performing physical examination.",
"name": "Non intrusive inspection",
"related_acts": "",
"section_id": 262
},
{
"act_id": 354,
"details": "197C. For the purpose of this Act, the Board may, by general or special order published in the official gazette, form one or more specialized functional unit(s) to accomplish special functions, appoint required number of custom officers and specify duties, procedures and special allowances for those officers.",
"name": "Specialized functional unit",
"related_acts": "",
"section_id": 263
},
{
"act_id": 354,
"details": "432197D. 433(1) The Government may, by notification in the official Gazette, establish Bangladesh Single Window (BSW)which shall serve as the single electronic entry point for documents including certificate, licence and permit except documents mentioned in section 43, 44, 50 and 79A, and a platform for persons involved in import, export, warehousing, transit or transhipment of goods. (2) There may be a Commissionerate to be called the Bangladesh Single Window Commissionerate which shall be responsible for the operation of the Bangladesh Single Window. (3) The Bangladesh Single Window Commissionerate shall consist of the Commissioner of Customs (Single Window) and other designated representative from the certificate, license and permit issuing agencies or bodies, as the case may be. (4) The functions of the Bangladesh Single Window Commissionerate shall be determined by the Board by notification in the official Gazette. (5) Any person intending to engage in import, export, warehousing, transit or transhipment of goods, shall submit data and documents electronically to the Bangladesh Single Window in such form and manner as may be prescribed by the Board. (6) The Board may, by notification in the official Gazette, constitute a Standing Committee with the following members, namely:— (a) Chairman, the National Board of Revenue, who shall also be its Chairperson; (b) a Member (Customs), the National Board of Revenue, who shall also be its Member Secretary; and (c) one representative from each of the certificate, license and permit issuing agencies or bodies, as the case may be. (7) The Standing Committee formed under sub-section (6) shall supervise and coordinate the activities of the Bangladesh Single Window Commissionerate and give necessary advice to it. (8) The Board may, by rules, prescribe the procedure, fees and other charges for the use of Bangladesh Single Window.",
"name": "Establishment of Bangladesh Single Window",
"related_acts": "",
"section_id": 264
},
{
"act_id": 354,
"details": "198. 434(1) The appropriate officer may open any package or container and examine, weight 435or measure and detain any goods in the prescribed manner, place and time in part or full as he deems proper brought to the customs-station for importation or exportation and may for that purpose unload any such goods from the conveyance on which they have been imported or are to be exported. 436(2) The owner of such goods or his authorised representative may be allowed to inspect such goods before the presentation or transmission of the bill of entry or the bill of export thereof, as the case may be, subject to the conditions laid down by an officer of Customs not below the rank of Assistant Commissioner.",
"name": "Power to open packages and examine, weight or measure goods",
"related_acts": "",
"section_id": 265
},
{
"act_id": 354,
"details": "199. (1) The appropriate officer may, on the entry or clearance of any goods or at any time while such goods are being passed through the customs-area, take samples of such goods in the presence of the owner thereof or his agent, for examination or testing or for ascertaining the value thereof or for any other necessary purpose. (2) After the purpose for which a sample was taken in carried out, such sample shall, if practicable, be restored to the owner, but if the owner fails to take delivery of the sample within one month of the date on which he is asked in writing to take its delivery, it may be disposed of in such manner as the Commissioner of Customs may direct. (3) In the case of goods which consist of drugs or articles intended for consumption as food, and in respect of which the taking of samples for the purposes of this sub-section may have been authorised by a general or special order of the Government, the appropriate officer may also in like circumstances take samples thereof for submission to, and examination by such officer of Government or of a local authority as may be specified in such order. 437(4) The owner of any imported or exportable goods or his authorised representative may draw samples before presentation or transmission of bill of entry or bill of export thereof, as the case may be, subject to the conditions laid down by an officer of Customs not below the rank of Assistant Commissioner.",
"name": "Power to take samples of goods",
"related_acts": "",
"section_id": 266
},
{
"act_id": 354,
"details": "200. Any opening, un-packing, waiving, measuring, re-packing, bulking, sorting, letting, marking, numbering, loading, unloading, carrying or lading of goods or their containers for the purposes of, or incidental to, the 438examination, including any investigation, scientific or chemical test or draft survey, by an officer of Customs, removal or warehousing thereof shall be done, and any facilities or assistance required for any such examination, investigation, test or survey shall be provided, by or at the expense of the owner of the goods.",
"name": "Owner to make all arrangements and bear all expenses",
"related_acts": "",
"section_id": 267
},
{
"act_id": 354,
"details": "201. (1) Where any goods, other than confiscated goods, are to be sold under any provision of this Act, they shall be sold after due notice to the owner by public auction or by tender or by private offer or, with the consent of the owner in writing, in any other manner. (2) The sale proceeds shall be applied to the following purposes in their respective order, namely- (a) \tfirst to pay the expenses of the sale; (b) \tthen to pay the freight or other charges, if any, payable in respect of the goods, if notice of such charges has been given to the person holding the goods in custody; (c) \tthen to pay the customs-duty, other taxes and dues payable to the 439Government in respect of such goods; (d) \tthen to pay the charges due to the person holding such goods in custody. (3) The balance, if any, shall be paid to the owner of the goods, provided he applies for it within six months of the sale of the goods or shows sufficient cause for not doing so.",
"name": "Procedure for sale of goods and application of sale proceeds",
"related_acts": "",
"section_id": 268
},
{
"act_id": 354,
"details": "440202A. 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 202 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 in the manner prescribed by rules.",
"name": "Power to write-off sums due to Government",
"related_acts": "",
"section_id": 269
},
{
"act_id": 354,
"details": "441202. (1) When, under this Act, any duty or regulatory duty is payable to the Government by any person or a penalty is adjudged 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, regulatory duty, penalty or under any bond, security, guarantee or any other instrument executed under this Act or the rules or orders and such duty, regulatory duty, penalty or other sums due are not paid within the time it was required or ordered to be paid, the appropriate officer may at any time- (a) \tdeduct, or require any other officer of Customs 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 of, or under the control of, the customs authorities or of such officer or of the Government; (b) \tstop clearance of any goods belonging to such person from customs control in the seaport, airport, any other customs-station or from bonded warehouse till such amount is paid or recovered in full; (c) \trequire, by a notice in writing, any person owing any money to the person from whom such duty or regulatory 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 seven days of the receipt of the notice or within such longer time as may be allowed by such officer; (d) \trequire the proper Excise Officer 442and Value Added Tax Officer to recover such amount by attachment and sale of excisable 443or Value Added Taxable goods or any plant, machinery and equipment used for the manufacture of goods or any other goods in the factory or bonded warehouse belonging to such person; (e) \trecover, or require any other 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 444; (f) \trequire, 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 or due to freeze the account or make the account inoperative on receipt of the notice. (2) If the amount is not recovered from such person in the manner provided in sub-section (1), the appropriate 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 Collector 445of the district or to a certificate officer appointed under sub-section (3) in whose jurisdiction such person resides or owns any property or conducts his business and such Collector 446or certificate officer shall, on receiving the certificate, proceed to recover the amount specified in the certificate as a public demand or an arrear of land revenue. 447(3) The Government may appoint one or more officers to perform the functions of a certificate officer under the Public Demands Recovery Act, 1913 (Ben. 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": 270
},
{
"act_id": 354,
"details": "203. The Commissioner of Customs may, from time to time, fix the period after the expiration of which goods left 448or detained in any custom-house, customs-area, wharf or other authorised landing place or part of the custom-house premises, shall be subject to payment of fees, and the amount of such fees.",
"name": "Wharfage or storage fees",
"related_acts": "",
"section_id": 271
},
{
"act_id": 354,
"details": "204. A certificate or a duplicate of any certificate, manifest, bill or other customs' document may, 449on payment of such fee as the Board may determine for this purpose, be furnished, at the discretion of an officer of Customs not below the rank of an Assistant Commissioner of Customs, to any person applying for the same, if the said officer is satisfied that no fraud has been committed or is intended to be committed by the applicant.",
"name": "Issue of certificate and duplicates of customs’ document",
"related_acts": "",
"section_id": 272
},
{
"act_id": 354,
"details": "450204A. On an application by any interested person the Board may, within a reasonable period and on payment of such fee as the Board may determine for this purpose, provide him with information pertaining to including in electronic form of up-to-date Customs Laws including rules, notifications, circulars, orders and other instruments issued for general use under this Act.",
"name": "Supply of information pertaining to customs law, etc.",
"related_acts": "",
"section_id": 273
},
{
"act_id": 354,
"details": "451204B. (1) All trade and passenger information gathered by Customs for clearance purpose shall be confidential and shall not be used except for –(a) statistical purposes by the Board and other Government organizations; or(b) purposes of comparison and evidence by the appropriate officer of Customs as against other imports and exports; or(c) production as evidence before a legal proceeding or an organization explicitly so authorized by the Government; or(d) disclosure of information subject to the condition and limitation under the Right to Information Act, 2009 (Act No. XX of 2009); or(e) any other purposes to be determined by the Board.(2) The Government may enter into any bilateral, regional, multilateral agreement or convention or any other arrangement to exchange of information for trade facilitation, effective risk analysis, verification of compliance and prevention, combating and investigation of offences under the provisions of this Act.(3) The information exchanged under sub-section (2), subject to the limitation and condition provided under the agreement or convention or any such arrangement, may be used as evidence in investigations and proceedings under this Act or corresponding law of another country by which such arrangement exists.(4) The Board shall, by notification in the official Gazette, specify the procedure and conditions subject to which such exchange shall be made and designation of the person through whom such information shall be exchanged.(5) Any disclosure, publishing or dissemination of information except as provided above without explicit permission shall be an offence.",
"name": "Confidentiality and arrangement for exchange of information facilitating trade",
"related_acts": "",
"section_id": 274
},
{
"act_id": 354,
"details": "452205. Except in the case provided for by sections 29, 45, 53 and 88, an officer of Customs not below the rank of an Assistant Commissioner of Customs may, in his discretion, on payment of such fee as the Board may determine for this purpose, authorise any document, after it has been presented at the customs-house, to be amended.",
"name": "Amendment of documents",
"related_acts": "",
"section_id": 275
},
{
"act_id": 354,
"details": "206. Clerical or arithmetical errors in any decision or order passed by the Government, the Board or any officer of Customs under this Act, or errors arising therein from accidental slip or omission may, at any time, be corrected by the Government, the Board or such officer of Customs or his successor-in-office, as the case may be.",
"name": "Correction of clerical errors, etc.",
"related_acts": "",
"section_id": 276
},
{
"act_id": 354,
"details": "207. No person shall act as an agent for the transaction of any business relating to the entrance or departure of any conveyance or the import or export of goods or baggage at any customs-station unless such person holds a licence granted in this behalf in accordance with the rules.",
"name": "Custom-house agents to be licensed",
"related_acts": "",
"section_id": 277
},
{
"act_id": 354,
"details": "208. (1) When any person applies to any officer of Customs for permission to transact any specified business with him on behalf of any other person, such officer may require the applicant to produce a written authority from the person on whose behalf such business is to be transacted, and in default of the production of such authority refuse such permission. (2) The clerk, servant or agent of any person or mercantile firm may transact business generally at the custom-house on behalf of such person or firm: Provided that the appropriate officer may refuse to recognize such clerk, servant or agent unless such person or a member of such firm identifies such clerk, servant or agent to the appropriate officer as empowered to transact such business, and deposits with the said officer an authority in writing duly signed, authorising such clerk, servant or agent to transact such business on behalf of such person or firm.",
"name": "Agent to produce authority if required",
"related_acts": "",
"section_id": 278
},
{
"act_id": 354,
"details": "209. (1) Subject to the provisions of sections 207 and 208, anything which the owner of any goods is required or empowered to do under this Act may be done by any person expressly or impliedly authorised by the owner for the purpose. (2) Where this Act requires anything to be done by the owner, importer or exporter of any goods, any such thing done by an agent, clerk or servant of the owner, import or exporter of any goods shall, unless the contrary is proved, be deemed to have been done with the knowledge and consent of such owner, importer or exporter so that in any proceedings under this Act, the owner, importer or exporter of the goods shall also be liable as if the thing had been done by himself. (3) When any person is expressly or impliedly authorised by the owner, importer or exporter of any goods to be his agent in respect of such goods for all or any of the purposes of this Act, such person shall, without prejudice to the liability of the owner, importer or exporter be deemed to be the owner, importer or exporter of such goods for such purposes: Provided that where any duty is not levied or is short-levied or erroneously refunded on account of any reason other than wilful act, negligence or default of the agent, such duty shall not be recovered from the agent.",
"name": "Liability of principal and agent",
"related_acts": "",
"section_id": 279
},
{
"act_id": 354,
"details": "210. (1) Anything which the person-in-charge of a conveyance is required or empowered to do under this Act may, with the express or implied consent of the person-in-charge and the approval of the appropriate officer, be done by his agent. (2) An agent appointed by the person-in-charge of a conveyance, and any person who represents himself to any officer of Customs as an agent of any such person-in-charge and is accepted as such by that officer, shall be liable for the fulfilment in respect of the matter in question of all obligations imposed on such person-in-charge by or under this Act or any law for the time being in force, and to penalties (including confiscation) which may be incurred in respect of that matter.",
"name": "Liability of agent appointment by the person-in-charge of a conveyance",
"related_acts": "",
"section_id": 280
},
{
"act_id": 354,
"details": "453211. 454(1) Every licencee, importer, exporter or their agents shall keep or cause to be kept such records as may be specified by the Board, for a period of 455five years. (2) Every such person must, as and when required by an officer of Customs,- (a) \tmake the records and accounts available to Customs; (b)\tprovide copies of the records and accounts as required; and (c) \tanswer any question relevant to the matters arising under this Act asked by any officer of Customs in respect of them. (3) Where for the purpose of complying with sub-section (2) of this section, information is recorded or stored by means of an electronic or other device, the licensee, importer, exporter, or its agent, shall, at the request of an officer of Customs, operate the device, or cause it to be operated, to fulfil the requirements of sub-section (2). 456(4) For the purposes of sub-section (2) and (3) the audit agencies appointed by the Government under section 25A and an employee of that agency shall be deemed to be the officers of Customs.",
"name": "Keeping of business record",
"related_acts": "",
"section_id": 281
},
{
"act_id": 354,
"details": "212. The Government may, by notification in the official Gazette, regulate business in, or connected with, gold or silver or precious stones or ornaments made of gold or silver or precious stones, within fifteen miles of the frontier or coast line of Bangladesh.",
"name": "Regulation of business in gold, etc.",
"related_acts": "",
"section_id": 282
},
{
"act_id": 354,
"details": "213. If any person knowingly makes or brings into Bangladesh, or causes or authorises or is otherwise concerned in the making or bringing into Bangladesh of any invoice or paper used or intended to be used as an invoice for the purposes of customs, in which any goods are entered or charged at a price or value higher or lower than that actually paid or intended to be paid for them, or in which goods are falsely described, no sum of money shall be recoverable by such person, his representatives or assigns, for the price of such goods or any part thereof, nor shall any sum of money be recoverable upon any bill of exchange, note or other security made, given or executed for the whole or part of the price of such goods unless such bill of exchange, note or other security is in the hands of a bona fide holder for consideration without notice.",
"name": "Recovery of money upon certain documents",
"related_acts": "",
"section_id": 283
},
{
"act_id": 354,
"details": "214. Where, on prosecution by the owner of any goods, an officer of Customs is convicted of an offence connected with the removal of such goods from the warehouse without payment of duty, the whole of the duty on such goods shall be remitted, and, the Commissioner of Customs shall, in accordance with the rules, pay to the owner due compensation for the damage caused to the owner by such offence.",
"name": "Remission of duty and payment of compensation to the owner in certain cases",
"related_acts": "",
"section_id": 284
},
{
"act_id": 354,
"details": "215. Any order or decision passed or any summons or notice issued under this Act shall be served- (a) \tby tendering the order, decision, summons or notice or sending it by registered post acknowledgement due to the person for whom it is intended or to his agent; or (b) \tif the order, decision, summons or notice cannot be served in any manner provided in clause (a), by affixing it on the notice board of the customs-house.",
"name": "Service of order, decision, etc.",
"related_acts": "",
"section_id": 285
},
{
"act_id": 354,
"details": "457215A. (1) Upon an application of a person directly interested in a decision taken by a Customs officer under this Act, the Commissioner of Customs or an officer authorised by him shall, subject to payment by the applicant of a fee specified by the Board, deliver within 15 (fifteen) days of the application, a true copy of that decision with a certificate that it is a true copy: Provided that a copy or other copy or reproduction of the certified copy shall not be admissible as evidence or otherwise accepted in any Court of law. (2) Upon an application of a person directly interested in a decision taken or omitted to have been taken by a Customs officer, the Commissioner of Customs shall inform that person in writing within a period of 60 days of the application the reasons for such decision or omission.",
"name": "Supply of information and copy of decisions",
"related_acts": "",
"section_id": 286
},
{
"act_id": 354,
"details": "458215B. Enquiries and Enquiry Points.– (1) The Board may, establish or maintain one or more enquiry points at the Board or the customs stations to answer reasonable enquiries on information pertaining to the Act and rules made thereunder and to provide copies of notifications, circulars, orders and other instruments issued for general use under this Act, and to provide required forms and documents pertaining to importation, exportation and transit procedures. (2) On an application, including in electronic format, by an interested person, the enquiry point shall answer the enquiries and provide the forms and documents within a reasonable period and, in relevant cases, in electronic format.",
"name": "Enquiries and Enquiry Points",
"related_acts": "",
"section_id": 287
},
{
"act_id": 354,
"details": "216. No owner of goods shall be entitled to claim from any officer of Customs compensation for the loss of such goods or for damage done to them at any time while they remain or are lawfully detained in any custom-house, customs-area, wharf or landing place under the charge of any officer of Customs, unless it be proved that such loss or damage was occasioned by gross negligence or wilful act of such officer.",
"name": "No compensation for loss or injury exception proof of neglect or wilful act",
"related_acts": "",
"section_id": 288
},
{
"act_id": 354,
"details": "459216A. No suit, case or any application shall lie to any civil Court, except the Courts, tribunals and authorities authorised by or under this Act, for the purpose of determination of the legality or propriety of an order or decision, as the case may be, regarding levy, imposition, exemption, assessment or realisation of customs duties or taxes made by an officer of Customs or by the Board or the Government.",
"name": "Bar to filing of cases in civil Courts",
"related_acts": "",
"section_id": 289
},
{
"act_id": 354,
"details": "217. No suit, prosecution or other legal proceeding shall lie against the Government or any public servant for anything which is done or intended to be done in good faith in pursuance of this Act or the rules.",
"name": "Protection of action taken under the Act",
"related_acts": "",
"section_id": 290
},
{
"act_id": 354,
"details": "460217A. Notwithstanding anything contained to the contrary in this Act or any other law for time being in force, the Board may, in such manner and in such circumstances and to such extent as may be prescribed by rules, grant reward to the following persons:- (a) a person giving information to Customs Authorities with regard to evasion or attempted evasion of customs duties or violation of any provision of this Act or any other law for the time being in force under which a Customs officer is authorised to collect tax or other revenue; (b) 461an officer or employee of customs or an officer or employee of any other Government agency or of a local authority who detects or unearths the evasion or attempted evasion of customs duties or violation of this Act or that other law; if such supply of information, the act of detection of or unearthing the evasion or attempted evasion of customs-duty or violation of law leads to:- (i) \tthe seizure and confiscation of goods or other things in relation to which the evasion or attempted evasion or violation takes place; or (ii) \tthe realisation of customs-duty or other revenue leviable under this Act or that other law for the time being in force or the realisation of a penalty or fine imposed under the relevant law; or (iii) \tconviction of and sentence imposed on the person liable for such evasion, attempted evasion or violation.",
"name": "Reward for detection etc. of evasion of duties or violation of laws",
"related_acts": "",
"section_id": 291
},
{
"act_id": 354,
"details": "462217B. Notwithstanding anything contained to the contrary in this Act or any other law the Board may, in such manner and in such circumstances and to such extent as may be prescribed by rules, award an amount of the surplus collection of revenue at import stage as financial incentives to all Customs Officers and employees and officers and employees of the Board: Provided that the collection of revenue at import stage for a given financial year exceeds the target of collection fixed by the Government for that financial year.",
"name": "Award of financial incentives to Customs Officers and employees",
"related_acts": "",
"section_id": 292
},
{
"act_id": 354,
"details": "218. No proceeding in a Court other than a suit shall be commenced against any officer of Customs or any other person exercising any powers conferred or discharging any duties imposed by or under this Act for anything purporting to be done in pursuance of the provisions of this Act or the rules without giving to such officer or person a month's previous notice in writing of the intended proceeding and of the cause thereof; or after the expiration of one year from the actual of such cause.",
"name": "Notice of proceedings",
"related_acts": "",
"section_id": 293
},
{
"act_id": 354,
"details": "463219B. The Board or, as the case may be, the Commissioner of Customs (Bond), or Commissioner of Customs (Valuation and internal audit), or any other Commissioner of Customs or any Director General may issue orders, notices, explanations or circulars within their respective jurisdiction not inconsistent with the provisions of this Act and the rules made thereunder.",
"name": "Power to issue Orders, Notices, Explanations or Circulars",
"related_acts": "",
"section_id": 294
},
{
"act_id": 354,
"details": "219. (1) The Board may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (2) \tWithout prejudice to the generality of the foregoing provision, rules may be made on matters enumerated in the 464Third Schedule. (3) \tNo rules relating to matters enumerated at items 19 and 22 of the 465Third Schedule shall be made without previous approval of the Government in writing. 466*** (5) \tAll such rules for the time being in force shall be collected, arranged, and published at intervals not exceeding two years, and shall be sold to the public at a reasonable price.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 295
},
{
"act_id": 354,
"details": "467219A. (1) On an application by any person or on a reference by an officer of Customs not below the rank of Commissioner or of its own motion, the Board may make customs rulings in respect of any matter specified in the application or reference, as the case may be, if the point raised in the application or reference relates to application of any provision of this Act or the rules to a specific situation or if such point relates to any tariff classification or duty rates or valuation of any goods for customs assessment purpose. (2) A customs ruling may be made within 468forty five working days of the receipt of the application or the reference, as the case may be. (3) The Board may decline to make a customs ruling on the ground of insufficient information furnished or in the absence of conclusive evidence provided in support of the contentions in the application or the reference. (4) The rulings made by the Board shall be binding upon the concerned persons and officers. (5) The Board may from time to time review and amend a customs ruling to correct any error contained in that ruling.",
"name": "Power to make customs rulings",
"related_acts": "",
"section_id": 296
},
{
"act_id": 354,
"details": "220. The enactments specified in the 469Fourth Schedule are repealed or amended to the extent specified respectively in columns three and four thereof.",
"name": "Repeals and amendments",
"related_acts": "",
"section_id": 297
},
{
"act_id": 354,
"details": "221. (1) Notwithstanding anything contained in section 6 of the General Clauses Act, 1897 (X of 1897), anything done or any action taken under the repealed enactments in so far as it is not inconsistent with the provisions of this Act shall without prejudice to anything already done or any action already taken be deemed to have been done or taken under this Act: Provided that nothing in this Act shall be so construed as to have the effect of enhancing the punishment of an offence committed before the commencement of this Act: Provided further that where the period of limitations for the submission of an application or the filing of an appeal or revision prescribed under any of the repealed enactments had expired or had begun to run before the commencement of this Act the provisions of those enactments shall continue to apply to such limitation. (2) The provisions of the General Clauses Act, 1897 (X of 1897), in particular, section 6, section 8 and section 24 thereof, shall apply to the repeal and re-enactment of the said enactments by this Act, subject to the provision of sub-section (1). (3) Nothing in this Act shall affect any law for the time being in force relating to the constitution and powers of the trustees of any port or other port authority.",
"name": "Savings",
"related_acts": "73,73",
"section_id": 298
},
{
"act_id": 354,
"details": "222. If any difficulty arises in giving effect to the provisions of this Act, particularly in relation to the transition from the enactments repealed by this Act to the provisions of this Act, the Government may, by general or special order made during the period of one year from the commencement of this Act, direct such action to be taken as it considers necessary or expedient for the purpose of removing the difficulty.",
"name": "Removal of difficulties",
"related_acts": "",
"section_id": 299
},
{
"act_id": 354,
"details": "470223. There shall be an authentic Bangla text of this original Act: Provided that in the event of conflict between the two texts, the original text shall prevail.",
"name": "Authentic Bangla Text",
"related_acts": "",
"section_id": 300
}
],
"text": "An Act to consolidate and amend the law relating to customs.♠♣ WHEREAS it is expedient to consolidate and amend the law relating to the levy and collection of customs-duties and to provide for other allied matters; It is hereby enacted as follows:-"
} |
{
"id": 356,
"lower_text": [
"1 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)",
"2 The word “Pakistan” was omitted Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"3 The word “Pakistan” was omitted Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"4 The word “Pakistan” was omitted Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"5 The word “Pakistan” was omitted Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"6 The words “of the service” 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 Defence Services (Inquiry) (Special Provisions) Ordinance, 1969",
"num_of_sections": 6,
"published_date": "22nd July, 1969",
"related_act": [
256,
356,
388,
430,
310,
248
],
"repelled": false,
"sections": [
{
"act_id": 356,
"details": "1. (1) This Ordinance may be called the Defence Services (Inquiry) (Special Provisions) Ordinance, 1969. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title and commencement",
"related_acts": "356",
"section_id": 1
},
{
"act_id": 356,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“board of inquiry” means a board of inquiry convened under this Ordinance; 1(b)\t “Chief of Staff,” in relation to a person whose conduct is inquired into under this Ordinance, means the Chief of Army Staff, Naval Staff or Air Staff, as the case may be; (c)\t“commanding officer”, in relation to a person subject to this Ordinance, means the head of the organisation or the commanding officer for the purpose of the service law of the unit in or to which such person is for the time being serving or attached; (d)\t“service law”, in relation to a person whose conduct is inquired into under this Ordinance, means the 2* * * Army Act, 1952 (XXXIX of 1952), the 3* * * Air Force Act, 1953 (VI of 1953), or the 4* * * Navy Ordinance, 1961 (XXXV of 1961), to which such person is subject; (e) \t“unit” includes a naval ship, vessel or establishment of which there is a commanding officer for the purposes of the 5* * * Navy Ordinance, 1961(XXXV of 1961).",
"name": "Definitions",
"related_acts": "248,256,310,310",
"section_id": 2
},
{
"act_id": 356,
"details": "3. The conduct of a person subject to a service law shall, notwithstanding anything contained in such law, be inquired into by a board of inquiry in accordance with the provisions of this Ordinance and the rules made thereunder where the conduct to be inquired into- (a) \trelates to a period when he was serving or attached, except on secondment, in or to an organisation or unit other than that of the service to which he belongs, or (b)\tis that of such person together with that of another person who was not, during the period to which the conduct relates, subject to the same service law.",
"name": "Inquiry into the conduct of certain persons subject to service law",
"related_acts": "",
"section_id": 3
},
{
"act_id": 356,
"details": "4. Where the conduct to be inquired into under section 3 is that of the commanding officer or that of the commanding officer together with the conduct of another person, a board of inquiry shall be convened by the Chief of Staff 6* * * to which the commanding officer belongs and, in any other case, by the commanding officer.",
"name": "Convening of board of inquiry",
"related_acts": "",
"section_id": 4
},
{
"act_id": 356,
"details": "5. (1) A board of inquiry shall consist of a president and such other persons and be convened in such manner, and the inquiry shall be conducted in accordance with such procedure, as may be prescribed by rules. (2) The president of a board of inquiry shall, after the conclusion of the inquiry, submit to the authority convening the board the proceedings of the board along with its findings and recommendations. (3) Upon the receipt of the proceedings of a board of inquiry submitted to him under sub-section (2), the commanding officer shall- (a)\tif the inquiry relates to any matter which he is himself competent to dispose of, take the necessary action and forward a copy of the proceedings to the Chief of Staff, informing him of the action taken by him; (b)\tif the inquiry relates to a matter which is not of the nature mentioned in clause (a), forward the proceedings together with his recommendations, to the Chief of Staff. (4) Upon the receipt of the proceedings of a board of inquiry submitted to him under sub-section (2), or forwarded to him under clause (b) of sub-section (3), the Chief of Staff shall direct that the person to whom the proceedings relate be dealt with in the manner authorised by the service law. (5) For the purpose of taking any action under the service law, the proceedings of a board of inquiry convened under this Ordinance may be acted upon as if they were proceedings of a board of inquiry or Court of inquiry assembled under such law.",
"name": "Composition of a board of inquiry, etc.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 356,
"details": "6. (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 all or any of the following matters, namely:- (a)\tthe composition of a board of inquiry; (b) \tthe manner of convening a board of inquiry; (c) \tthe procedure for the conduct of inquiry; and (d) \tsuch other matters as may be necessary for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 6
}
],
"text": "An Ordinance to make provision for a uniform procedure for inquiring into the conduct of a member of a Defence Service serving otherwise than in an organisation or unit of his service.♣ WHEREAS it is expedient to make provision for a uniform procedure for inquiring into the conduct of a member of a Defence Service serving otherwise than in an organisation or unit of his service and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 357,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted for the words “East Pakistan” or “Pakistan” and “Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 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 colon (:) was substituted for the full stop (.) and the proviso was added thereafter by Article 2 of the Pilotage (Amendment) Order, 1973 (President’s Order No. 13 of 1973)",
"4 The word “and” was omitted by section 2 of the Pilotage (Amendment) Act, 1974 (Act No. III of 1974)",
"5 The comma and word “, and” was substituted for the full stop (.) by section 2 of the Pilotage (Amendment) Act, 1974 (Act No. III of 1974)",
"6 Clause (e) was inserted by section 2 of the Pilotage (Amendment) Act, 1974 (Act No. III of 1974)"
],
"name": "The Pilotage Ordinance, 1969 (East Pakistan Ordinance)",
"num_of_sections": 6,
"published_date": "6th June, 1969",
"related_act": [
75,
388,
430
],
"repelled": false,
"sections": [
{
"act_id": 357,
"details": "1. (1) This Ordinance may be called the 2* * * Pilotage Ordinance, 1969. (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": 357,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Authority” means the Bangladesh Inland Water Transport Authority; (b)\t“Chairman” means the Chairman of the Authority; (c) \t“inland water” means any canal, river or other navigable water in Bangladesh; (d) \t“pilot” means a pilot of the Authority; (e) \t“vessel” means every description of vessel ordinarily plying on inland waters and propelled wholly or in part by steam, electricity or other mechanical power, and includes a dumb barge, flat and any other craft not mechanically propelled when towed or pushed by a mechanically propelled vessel.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 357,
"details": "3. (1) A vessel not registered in Bangladesh shall not ply on any inland water without a pilot on board 3: Provided that a vessel chartered for movement of food and relief materials may ply without such a Pilot. (2) A vessel registered in Bangladesh and having a hull of one hundred tons or above displacement shall not ply without a pilot on board on any inland water between- (a) \tChandpur and Barisal, (b) \tChandpur and Ilishaghat, (c) \tBarisal and Ilishaghat, 4* * * (d) \tIlishaghat and Chittagong 5, and 6(e)\tMongla and Jhalokati via Mongla-Ghasiakhali Canal. (3) Notwithstanding anything contained in sub-sections (1) and (2), the owner, the agent or the master of a vessel, which is by these sub-sections required to have a pilot on board, shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel in the same manner as he would have been if the vessel had not been so required by these sub-sections.",
"name": "Certain vessels not to ply without pilot",
"related_acts": "",
"section_id": 3
},
{
"act_id": 357,
"details": "4. If any vessel plies in contravention of section 3, the owner, the agent and the master thereof shall each be punishable with fine which may extend to five hundred rupees, or with imprisonment for a term which may extend to six months, or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 4
},
{
"act_id": 357,
"details": "5. (1) No Court inferior to that of a Magistrate of the first class shall try an offence under this Ordinance. (2) A Court trying an offence under this Ordinance may make orders for the detention of the vessel till such time as a pilot is taken on board. (3) No prosecution for an offence punishable under this Ordinance shall be instituted except on a complaint made in writing by the Chairman or any person authorised by the Chairman in this behalf. (4) An offence under this Ordinance may be tried in any place in which the offender may be found or which the Government, by notification in the official Gazette, appoints in this behalf or in any other place in which the offender might be tried under the Code of Criminal Procedure, 1898.",
"name": "Procedure",
"related_acts": "75",
"section_id": 5
},
{
"act_id": 357,
"details": "6. The Government may make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 6
}
],
"text": "An Ordinance to provide for pilotage for certain vessels plying on inland waters of Bangladesh.1♣ WHEREAS it is expedient to provide for pilotage for certain vessels plying on inland waters of Bangladesh; NOW, THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the Martial Law Administrator, Zone B, performing the functions and exercising the powers of the Governor of East Pakistan, is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 358,
"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 word “Eastern” was omitted by section 2 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"3 Sub-section (2) was substituted by section 2 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"4 The word “Trustees” was substituted for the word “Management” by section 3 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"5 The words “Pakistan Eastern” were omitted by section 3 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"6 Clauses (5) and (6) were omitted by section 3 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"7 Sub-clause (a) was substituted by section 3 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"8 The word “Pakistan” was omitted by section 3 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"9 The word “Bangladesh” was substituted for the word “Pakistan” by section 3 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"10 The words and comma “Director, Railway Audit” were substituted for the words and comma “Chief Auditor, Pakistan Eastern Railway” by section 3 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"11 The word “Government” was substituted for the words “Railway Board” by sections 4 and 7 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"12 The words “Pakistan Eastern” were omitted by section 4 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"13 The word “Government” was substituted for the words “Railway Board” by sections 4 and 7 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"14 The word “Government” was substituted for the words “Railway Board” by sections 4 and 7 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"15 The word “Board” was substituted for the words and comma “Financial Advisor and Chief Accounts Officer, Pakistan Eastern Railway” by section 4 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"16 The word “Government” was substituted for the words “Railway Board” by sections 4 and 7 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"17 The words “Board of Trustees of the” were substituted for the words “Board of Management of the Pakistan Eastern” by section 7 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"18 The word “Government” was substituted for the words “Railway Board” by sections 4 and 7 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"19 The word “Government” was substituted for the words “Railway Board” by sections 4 and 7 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"20 The word “Pakistan” was omitted by section 8 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"21 The word “Bengal” was omitted by section 9 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"22 The words “East Bengal” were omitted by section 10 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991)",
"23 The word “Provincial” was omitted by section 13 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)"
],
"name": "The Railway Servants Benevolent Fund Ordinance, 1969 (East Pakistan Ordinance)",
"num_of_sections": 14,
"published_date": "17th November, 1969",
"related_act": [
98,
11,
388
],
"repelled": false,
"sections": [
{
"act_id": 358,
"details": "1. (1) This Ordinance may be called the 1* * * 2* * * Railway Servants Benevolent Fund Ordinance, 1969. 3(2) It applies to every Railway Servant. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 358,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (1)\t“Board” means the Board of 4Trustees of the Fund constituted under section 7 of this Ordinance; (2)\t“Family” means,- (a)\tin the case of a male Railway Servant, wife or wives and in the case of a female Railway Servants, the husband of the Railway Servant; and (b)\tthe legitimate children, step-children, parents, minor brothers and sisters of the Railway Servant residing with and wholly dependent upon him or her; (3)\t“Fund” means the 5* * * Railway Servants Benevolent Fund constituted under section 3 of this Ordinance; (4) \t“Prescribed” means prescribed by rules made under this Ordinance; 6* * * (7)\t“Railway Servant” means,- 7(a)\ta person who is a regular employee of the Railway including any one employed against temporary post and also anyone who holds any post in connection with the affairs of the Railway, (b)\ta Railway Servant who has retired from service but the period of his retirement from service does not exceed two years, and includes any such Railway Servants who is- (i)\ton deputation elsewhere or on foreign service within the meaning of the 8* * * Railway Establishment Code, (ii) \tundergoing study or training in or outside 9Bangladesh, (iii)\ton leave, (iv)\tunder order of suspension, but does not include any person employed as work-charged, casual labour and substitute, and the 10Director, Railway Audit and other employees working in his office.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 358,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the 11Government shall constitute a Fund to be known as the 12* * * Railway Servants Benevolent Fund and the Fund shall vest in the Board constituted under section 7 of this Ordinance. (2) The Fund shall consist of,- (a)\tsuch grants as may, from time to time, be made by the 13Government, (b) \tCompulsory contributions received from Railway Servants at such rates as the 14Government may from time to time prescribe, (c) \tincome from investments made under this Ordinance, and (d)\tany other sum received by the Board from members of the Fund. (3) All sums credited to the Fund shall be held in such custody and in such manner as may be prescribed.",
"name": "Constitution of the Fund",
"related_acts": "",
"section_id": 3
},
{
"act_id": 358,
"details": "4. (1) The Fund shall be utilised for,- (a)\tthe relief of the Railway Servants and their families by,- (i)\tgiving financial assistance to the families of deceased Railway Servants at such rates as may be determined by the Board, (ii)\tgiving financial assistance to Railway Servants invalidated out of service at such rates as may be prescribed; (b)\tdefraying expenditure incurred in respect of the management of Fund; and (c)\tsuch other purpose as may be prescribed from time to time. (2) Benefits admissible under sub-section (1) of this section shall be in addition to, not in derogation of, pensions, family pensions or gratuities, as admissible under any other law for the time being in force.",
"name": "Utilisation of the Fund",
"related_acts": "",
"section_id": 4
},
{
"act_id": 358,
"details": "5. (1) All contributions received under clause (b) of sub-section (2) of section 3 shall be deducted, at the source, from the salaries of the Railway Servants. (2) The 15Board shall maintain the accounts of the Fund. (3) Audit of all sums credited to, and expenditure from, the Fund shall be conducted by such authority and in such manner as may be prescribed.",
"name": "Accounts and Audit",
"related_acts": "",
"section_id": 5
},
{
"act_id": 358,
"details": "6. Option to be exercised by members of All-Pakistan Service.- Omitted by section 6 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991).",
"name": "Omitted.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 358,
"details": "7. (1) As soon as may be after the commencement of this Ordinance, the 16Government may, by notification establish a Board, to be known as the 17Board of Trustees of the Railway Servants Benevolent Fund for carrying out the purposes of this Ordinance. (2) The Board shall be a body corporate, shall be entitled to acquire and hold property and shall have perpetual succession and a common seal. (3) The Board shall consist of a Chairman and such number of members as may be determined by the 18Government and shall hold office for a term of three years. (4) Subject to the provisions of this Ordinance and rules made thereunder and such direction, if any, as may be issued by the 19Government in this behalf, the Board shall have power to invest money credited to, and to borrow money for the Fund, and to incur expenditure therefrom for the purposes as specified in section 4.",
"name": "Constitution and powers of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 358,
"details": "8. The Chairman and members of the Board constituted under section 7 or any employee or agent appointed by the Board shall be deemed to be a Public Servant within the meaning of section 21 of the 20* * * Penal Code, 1860.",
"name": "Public Servant",
"related_acts": "11",
"section_id": 8
},
{
"act_id": 358,
"details": "9. Any sum due as rent or premium in respect of any property owned by, and under the management of the Board, if not paid within thirty days of its having become due, may, notwithstanding anything contained in any other law, for the time being in force, be recovered as arrear of land revenue under the 21* * * Public Demands Recovery Act, 1913 (Bengal Act III of 1913).",
"name": "Powers to recover rent and premium as arrear of land revenue",
"related_acts": "98",
"section_id": 9
},
{
"act_id": 358,
"details": "10. Where the Board is satisfied, after making such enquiry as it thinks fit and proper, that a lessee has wilfully defaulted in payment of rent or premium, as the case may be, or that a lessee has committed an act of breach of contract, the Board may terminate the lease, after giving the lessee an opportunity of being heard, and may, by order in writing, direct such lessee to vacate the land, building or part of a building in his occupation within such period as may be specified in the order and in case he fails to vacate, provisions of the 22* * * Government Lands and Buildings (Recovery of Possession) Act, 1952 (East Bengal Act X of 1952) shall mutatis mutandis apply.",
"name": "Grounds of recovery of possession",
"related_acts": "",
"section_id": 10
},
{
"act_id": 358,
"details": "11. No suit, prosecution or other legal proceedings shall lie in any Court against the Board or against any employee of the Board in respect of anything done or intended to be done, in good faith, under this Ordinance or rules made thereunder, or in respect of any alleged neglect or omission to perform any duty devolving upon the Board under this Ordinance, or in respect of the exercise of, or failure to exercise, any power conferred on it by this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 11
},
{
"act_id": 358,
"details": "12. Notwithstanding anything contained in any other law for the time being in force, no Civil Court shall entertain any application or suit against the Board in respect of any property or money vested in, or owned by the Board or shall question the legality of any action taken by, or under the authority of the Board, under this Ordinance.",
"name": "Bar to jurisdiction of Civil Courts",
"related_acts": "",
"section_id": 12
},
{
"act_id": 358,
"details": "13. Inapplicability of East Pakistan Ordinance No. XX of 1963.- Omitted by section 11 of the Eastern Railway Servants Benevolent Fund (Amendment) Act, 1991 (Act No. IV of 1991).",
"name": "Omitted.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 358,
"details": "14. The 23* * * 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": 14
}
],
"text": "An Ordinance to provide for the constitution of a Benevolent Fund for relief of Railway Servants and their families and matters ancillary thereto. WHEREAS it is expedient to provide for constitution of a Benevolent Fund for relief of Railway Servants and their families and matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read with Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the Governor is pleased to make and promulgate the following Ordinance, namely:-"
} |
{
"id": 359,
"lower_text": [
"1 The words “Pakistan Eastern” were omitted by section 2 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"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 “Eastern” was omitted by section 3 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"4 Sub-section (2) was substituted by section 3 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"5 Clause (1) was omitted by section 4 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"6 Clause (4) was omitted by section 4 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"7 The words “Pakistan Eastern” were omitted by section 4 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"8 Clause (6) was substituted by section 4 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"9 Clause (8) was omitted by section 4 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"10 Clause (9) was substituted by section 4 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"11 The words and commas “the Government may, by notification in the official Gazette, establish a Board to be known as the Board of Trustees of the” were substituted for the words and commas “the Railway Board may, by notification in the Railway Gazette, establish a Board to be known as the Board of Trustees of the Pakistan Eastern” by section 5 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"12 The word “Government” was substituted for the words “Railway Board” by section 6 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"13 The words and commas “equal to the Railway Servant’s pay for twenty four months, subject to the maximum of one lakh Taka, the basis for calculation of the sum being the pay last drawn by him” were substituted for the words “specified in the Schedule” by section 7 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"14 Section 8 was substituted by section 8 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"15 The words “Pakistan Eastern” were omitted by section 9 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"16 The words “Pakistan Eastern” were omitted by section 9 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"17 The words “or such person or persons” were inserted by Article 2 of the Railway Servants Group Insurance (Amendment) Order, 1972 (President’s Order No. 146 of 1972)",
"18 Sub-section (3) was inserted by Article 2 of the Railway Servants Group Insurance (Amendment) Order, 1972 (President’s Order No. 146 of 1972)",
"19 The word “Board” was substituted for the words “Railway Board” by section 10 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"20 The words “or the Railway Board” were omitted by section 11 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"21 The word “Government” was substituted for the words “Railway Board” by section 12 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)",
"22 The word “Provincial” was omitted by section 13 of the Eastern Railway Servants Group Insurance (Amendment) Act, 1991 (Act No. V of 1991)"
],
"name": "The Railway Servants Group Insurance Ordinance, 1969 (East Pakistan Ordinance)",
"num_of_sections": 16,
"published_date": "17th November, 1969",
"related_act": [
388
],
"repelled": false,
"sections": [
{
"act_id": 359,
"details": "1. (1) This Ordinance may be called the 2* * * 3* * * Railway Servants Group Insurance Ordinance, 1969. 4(2) It applies to every Railway Servant.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 359,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- 5* * * (2)\t“Board” means the Board of Trustees constituted under section 4; (3)\t“family” means,- (a)\tin the case of a male Railway Servant, wife or wives and in the case of a female Railway Servant, the husband of the Railway Servant; and (b)\tthe legitimate children, step-children, parents, minor brothers and sisters of the Railway Servant residing with and wholly dependent upon him or her; 6* * * (5)\t“Insurance Fund” means the 7* * * Railway Servants Group Insurance Fund established under section 9; 8(6) \t“Pay” means the amount drawn monthly by a Railway Servant as- (a)\tthe pay other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre, (b)\tspecial pay and personal pay, and (c)\tany other emoluments which may be specifically classed as pay by the Government; (7)\t“prescribed” means prescribed by rules; 9* * * 10(9) \t“Railway Servant” means any person who is a regular employee of the Railway including any one employed against temporary post and also any one who holds any post in connection with the affairs of the Railway; and include any such Railway Servant who is- (i) \ton extension of service after the age of superannuation, (ii)\ton deputation elsewhere or on foreign service within the meaning of the Railway Establishment Code, (iii)\tundergoing study or training in or outside Bangladesh, (iv)\ton leave, or (v)\tunder order of suspension; but does not include any person employed as a work-charged, casual labour and substitute, and the Director, Railway Audit and other employees working in his office; (10)\t “rules” means rules made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 359,
"details": "3. The provisions of this Ordinance and the rules to be framed thereunder shall have effect notwithstanding anything contained in any other law, rule, order, notification contract or other document or instrument; but nothing herein contained shall affect the right to receive any pension, provident fund, gratuity or other benefits accruing to the Railway Servant on his retirement or invalidation or to his family upon his death, otherwise than under this Ordinance.",
"name": "This Ordinance and rules to override other laws, but not to affect retirement benefits, etc.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 359,
"details": "4. (1) As soon as may be after the commencement of this Ordinance, 11the Government may, by notification in the official Gazette, establish a Board to be known as the Board of Trustees of the Railway Servants Group Insurance Fund for carrying out the purposes of this Ordinance. (2) The Board will consist of a Chairman and such number of members as may be prescribed and shall hold office for a term of three years.",
"name": "Board of Trustees",
"related_acts": "",
"section_id": 4
},
{
"act_id": 359,
"details": "5. The Board 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 aforesaid name sue or be sued.",
"name": "Board to be body corporate",
"related_acts": "",
"section_id": 5
},
{
"act_id": 359,
"details": "6. The Board shall have power- (a)\tto settle claims for insurance sums assured under this Ordinance and all matters connected with such claims; (b) \tto do or causes to be done all acts and things necessary for the proper administration and management of the moneys or properties of the Insurance Fund; (c) \tto sanction expenditure connected with the administration and management of the Insurance Fund; (d)\tto make arrangement for the insurance of the life of the Railway Servants to give effect to the provisions of this Ordinance; (e)\tto invest moneys held in the Insurance Fund in any profitable ventures with the prior approval of the 12Government; (f) \tto appoint or employ such persons as it considers necessary for the efficient performance of its functions on such terms and conditions as it may, subject to rules, determine; and (g) \tto do or cause to be done all things ancillary or incidental to any of the aforesaid powers or to the purposes of the Insurance Fund.",
"name": "Powers of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 359,
"details": "7. Subject to the provisions of this Ordinance and the rules, in the event of death of a Railway Servant occurring by whatsoever cause, during the continuance of his employment, the Board shall pay to the family of the deceased Railway Servant a sum 13equal to the Railway Servant's pay for twenty four months, subject to the maximum of one lakh Taka, the basis for calculation of the sum being the pay last drawn by him.",
"name": "Insurance of Railway Servants",
"related_acts": "",
"section_id": 7
},
{
"act_id": 359,
"details": "148. The Board may, from time to time, arrange for the insurance of the life of the Railway Servants in sums mentioned in section 7 with such insurance company or other insurer and for such period as it deems fit, and when any such arrangement subsists the liability to pay the said sum shall directly devolve upon the insurance Company or other insurer.",
"name": "Arrangement with Insurance Company",
"related_acts": "",
"section_id": 8
},
{
"act_id": 359,
"details": "9. (1) There shall be established a fund to be called the 16* * * Railway Servants Group Insurance Fund which shall vest in and be held and administered by the Board. (2) All sums received from the Railway Servants as premia for group insurance of the Railway Servants and any interest or profit accruing thereon shall be credited to the Insurance Fund. (3) The moneys credited to the Insurance Fund shall be kept in such bank as may be prescribed. (4) All expenses on any arrangement entered into by the Board with any insurance company or other insurer and all expenses on the administration of the Insurance Fund shall be defrayed from the Insurance Fund. (5) Any sums remaining in the Insurance Fund after defraying the expenses referred to in sub-section (4) may be utilised for such purposes connected with the benefit of the families of the Railway Servants as may be prescribed.",
"name": "The * * * Railway Servants Group Insurance Fund",
"related_acts": "",
"section_id": 9
},
{
"act_id": 359,
"details": "10. (1) Every Railway Servant, other than a Class III or Class IV Railway Servant, shall be liable to pay to the Insurance Fund such sum of money as may be determined by the Board as premium for the insurance of his life as provided for in this Ordinance and the amount of such premium shall be deducted at the source from his pay and credited to the Insurance Fund. (2) Where the amount of premium can not, for any reason, be deducted from the pay of the Railway Servant, the Railway Servant shall remit to the prescribed officer the sum of premium payable by him, and any premia remaining unpaid due to inadvertence or negligence of the Railway Servant or otherwise shall be recoverable from him in such manner as may be prescribed. (3) Default in the payment of premia either for the reason that the pay of the Railway Servant was not drawn or due to his negligence or fault or for any other reason whatsoever shall not affect the right of his family to receive the sum assured in the event of the death of the Railway Servant, but the premium remaining unpaid at the time of his death may be recovered from the assured amount. (4) The premium which is payable for the insurance of the life of a Class III or Class IV Railway Servant as provided for in this Ordinance shall be determined by the Board and shall be paid by the Railway administration on his behalf to the Insurance Fund in such manner as may be prescribed.",
"name": "Payment of premia",
"related_acts": "",
"section_id": 10
},
{
"act_id": 359,
"details": "11. (1) On the death of a Railway Servant the sum assured shall be paid to such member or members of his family 17or such person or persons as he might have nominated in the prescribed form in full or in shares specified by him at the time of making the nomination. (2) Where no valid nomination made by the Railway Servant subsists at the time of his death, the sum assured shall be paid to such member or members of his family subject to such conditions imposed with a view to ensuring that the sum is justly and equitably utilised for the maintenance and benefit of all the members of the family as may be prescribed or may, consistently with the rules, be determined by the Board or any officer authorised by the Board in that behalf. 18(3) In case a Government Servant leaves no family and no valid nomination made by him subsists at the time of his death, the sum assured shall be utilised for such purpose or purposes as the Board may determine.",
"name": "Payment of sum assured",
"related_acts": "",
"section_id": 11
},
{
"act_id": 359,
"details": "12. (1) The accounts of Insurance Fund shall be maintained by such officer or authority as the 19Board may appoint and in such manner and form as may be prescribed. (2) The accounts of the Insurance Fund shall be audited by such authority or agency as the Railway Board may appoint.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 12
},
{
"act_id": 359,
"details": "13. No suit, prosecution or other proceedings shall lie against the Government 20* * * or the Board or any officer or other authorised person for anything in good faith done or purporting to have been done in pursuance of this Ordinance or the rules.",
"name": "Protection of action taken in good faith",
"related_acts": "",
"section_id": 13
},
{
"act_id": 359,
"details": "14. The Government may, by notification in the official Gazette, exempt any class of Railway Servants from the operation of this Ordinance.",
"name": "Exemption",
"related_acts": "",
"section_id": 14
},
{
"act_id": 359,
"details": "15. The Board shall carry out the direction which may be issued by the 21Government from time to time.",
"name": "Board to carry out direction of the Railway Board",
"related_acts": "",
"section_id": 15
},
{
"act_id": 359,
"details": "16. The 22* * * Government may make rules for the purpose of giving effect to all or any of the provisions of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 16
}
],
"text": "An Ordinance to provide for group insurance of the 1* * * Railway Servants. WHEREAS it is expedient to provide for group insurance of the * * * Railway Servants; NOW, THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the Governor is pleased to make and promulgate the following Ordinance, namely:-"
} |
{
"id": 360,
"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 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 The words, comma, figures and brackets “Companies Act, 1994 (Act No. XVIII 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)",
"3 The words “the National Investment Trust and” 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 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 words “in any Province” 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 “in any Province” 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 “in any Province” 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 “in any Province” 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 word “Government” was substituted for the words “Central Statistical Office of the Central Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"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 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)",
"12 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)",
"13 The word “Government” was substituted for the words “Central Government or by a Provincial 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 “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 Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970",
"num_of_sections": 25,
"published_date": "26th February, 1970",
"related_act": [
388,
360,
75,
430,
86
],
"repelled": true,
"sections": [
{
"act_id": 360,
"details": "1. (1) This Ordinance may be called the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970. (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": "360",
"section_id": 1
},
{
"act_id": 360,
"details": "2. (1) In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“agreement” includes any arrangement or understanding whether or not in writing and whether or not it is or is intended to be legally enforceable; (b)\t“associated undertakings” means any two or more undertakings interconnected with each other in the following manner, namely:- (i)\tif a person who is the owner or a partner, officer or director of an undertaking or who directly or indirectly holds or controls shares carrying not less than twenty per cent of the voting power in such undertaking, is also the owner or a partner, officer or director of another undertaking or, directly or indirectly, holds or controls shares carrying not less than twenty per cent of the voting power in that undertaking; (ii)\tif the undertakings are under common management or common control or one is the subsidiary of another; (c)\t“Authority” means the Monopoly Control Authority constituted under section 8; (d)\t“control”, in relation to an undertaking, means the power to exercise a controlling influence over the management or the policies of the undertaking, and, in relation to shares, means the power to exercise a controlling influence over the voting power attached to such shares; (e)\t“individual” includes a Hindu undivided family; (f)\t“market”, in relation to any goods or services, means the geographic region in which competition in the production or sale of such goods or the provision of such services takes place; (g)\t“monopoly power” means the ability of one or more sellers in a market to set non-competitive prices or restrict output without losing a substantial share of the market or to exclude others from any part of that market; (h) \t“price”, in relation to the sale of any goods or to the provision of any services, includes every valuable consideration, whether direct or indirect, which in effect relates to the sale of any goods or the provision of any services; (i) \t“retailer”, in relation to the sale of any goods, means a person who sells the goods to any other person otherwise than for re-sale; (j)\t“service” means provision of board, lodging, transport, entertainment or amusement, or of facilities in connection with the supply of electrical or other energy, purveying of news, banking, insurance or investment; (k)\t“trade” means any business, industry, profession or occupation relating to the production, supply or distribution of goods or the control of production, supply or distribution of goods, or to the provision or control of any service; (l)\t“trade practice” means any act or practice relating to the carrying on of any trade or business; (m)\t“undertaking” means any concern, institution, establishment or enterprise engaged in the production, supply or distribution of goods, or in the provision or control of any service; (n)\t“unreasonably restrictive trade practice” means a trade practice which has or may have the effect of unreasonably preventing, restraining or otherwise lessening competition in any manner; (o)\t“value of assets”, in relation to an undertaking, means the value of assets of the undertaking at cost less depreciation at the normal rates at which depreciation is calculated for purpose of assessment of income-tax; (p)\t“wholesaler”, in relation to the sale of any goods, means a person who purchases goods and sells them to any other person for re-sale; and (q)\twords and expressions used but not defined in this Ordinance and defined in the 2Companies Act, 1994 (Act No. XVIII of 1994), have the meanings respectively assigned to them in that Act. (2) For the purposes of this Ordinance an individual shall be deemed to own, hold or control a thing if it is owned, held or controlled by the individual or his spouse, or by a brother or sister of the individual, or by any of the lineal ascendants or descendants of the individual.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 360,
"details": "3. There shall be no undue concentration of economic power, unreasonable monopoly power or unreasonably restrictive trade practices.",
"name": "Undue concentration of economic power, etc., prohibited",
"related_acts": "",
"section_id": 3
},
{
"act_id": 360,
"details": "4. Undue concentration of economic power shall be deemed to have been brought about, maintained or continued if- (a)\tthere is established, run or continued an undertaking the total value of whose assets is not less than one crore of Taka, or such other amount as the Authority may by rule prescribe, and which is- (i) \tnot owned by a public company, or (ii)\tis owned by a public company in which any individual holds or controls shares carrying not less than fifty per cent, or such other percentage as the Authority may by rule prescribe, of the voting power in the undertaking; (b)\tthere are any dealings between associated undertakings which have or are likely to have the effect of unfairly benefiting the owners or share-holders of one such undertaking to the prejudice of the owners or share-holders of any other of its associated undertakings.",
"name": "Circumstances constituting undue concentration of economic power",
"related_acts": "",
"section_id": 4
},
{
"act_id": 360,
"details": "5. (1) Unreasonable monopoly power shall be deemed to have been brought about, maintained and continued if- (a)\tthere has been created or maintained any such relationship between two or more undertakings as makes them associated undertakings where they are competitors in the same market and together produce, supply, distribute or provide not less than twenty per cent of the total goods or services in such market; (b)\tthere has been any acquisition by one person or undertaking of the stock or assets of any other person or undertaking, or any merger of undertakings, where the effect of the acquisition or merger is likely to create monopoly power or to substantially lessen competition in any market, including any acquisition which creates any such relationship as is referred to in clause (a); (c)\tany loan is granted by a bank or insurance company to any of the associated undertakings of amounts greater or on terms more favourable than for loans made available to other undertakings in comparable situations, or any loan is granted by a bank or insurance company to a person or undertaking not associated with it on the condition or understanding that the borrower or any of its associated undertakings will make any loan to a person or undertaking associated with the lender. (2) No such relationship, acquisition, merger or loan as is referred to in sub-section (1) shall be deemed to have the effect of bringing about, maintaining or continuing unreasonable monopoly power if it is shown- (a)\tthat it contributes substantially to the efficiency of the production or distribution of goods or of the provision of services or to the promotion of technical progress or export of goods; (b)\tthat such efficiency or promotion could not reasonably have been achieved by means less restrictive of competition; and (c)\tthat the benefits of such efficiency or promotion clearly outweigh the adverse effect of the absence or lessening of competition.",
"name": "Circumstances constituting unreasonable monopoly power",
"related_acts": "",
"section_id": 5
},
{
"act_id": 360,
"details": "6. (1) Unreasonably restrictive trade practices shall be deemed to have been resorted to or continued if there is any agreement- (a)\tbetween actual or potential competitors for the purpose or having the effect of- (i)\tfixing the purchase or selling prices or imposing any other restrictive trading conditions with regard to the sale or distribution of any goods or the provision of any services; (ii)\tdividing or sharing of markets for any goods or services; (iii)\tlimiting the quantity or the means of production, distribution or sale regard to any goods or the manner or means of providing any services; (iv)\tlimiting technical development or investment with regard to the production, distribution or sale of any goods or the provision of services; (v)\texcluding by means of boycott any other person or undertaking from the production, distribution or sale of any goods or the provision of any services; (b)\tbetween a supplier and a dealer of goods fixing minimum resale prices, including- (i)\tan agreement with a condition for the sale of goods by a supplier to a dealer which purports to establish or provide for the minimum prices to be charged on the resale of the goods in Bangladesh; or (ii)\tan agreement which requires as a condition of supplying goods to a dealer to the making of any such agreement; (c)\twhich subjects the making of any agreement to the acceptance by suppliers or buyers of additional goods or services which are not, by their nature or by the custom of the trade, related to the subject matter of such agreement. (2) No such agreement as is referred to in sub-section (1) shall be deemed to constitute an unreasonably restrictive trade practice if it is shown- (a)\tthat it contributes substantially to the efficiency of the production or distribution of goods or of the provision of services or to the promotion of technical progress or export of goods; (b)\tthat such efficiency or promotion could not reasonably have been achieved by means less restrictive of competition; and (c)\tthat the benefits from such efficiency or promotion clearly outweigh the adverse effect of the absence or lessening of competition.",
"name": "Unreasonably restrictive trade practices",
"related_acts": "",
"section_id": 6
},
{
"act_id": 360,
"details": "7. (1) Without prejudice to the provisions of sections 4, 5 and 6, the Authority may by General Order prescribe the circumstances in which and the conditions under which undue concentration of economic power or unreasonable monopoly power shall be deemed to exist and the practices which shall be deemed to be unreasonably restrictive trade practices. (2) Where the Authority is of opinion that the making of a General Order under sub-section (1) may be in the public interest, it shall conduct an inquiry affording the persons or undertakings likely to be affected by such Order such opportunity of being heard and of placing before it relevant facts and material as it may deem fit. (3) Before making any General Order under sub-section (1), the Authority shall- (a)\tpublish in the official Gazette and in such other manner as in its opinion will bring it to the notice of all persons and undertakings likely to be affected thereby a draft of the proposed General Order together with a notice inviting suggestions or objections to be submitted before a date specified therein; (b)\tconsider any objection or suggestion which may be received by it from any person or undertaking with respect to the draft; and (c)\twhere it deems appropriate, afford an opportunity to any such person or undertaking of being heard and of placing before it facts and material in support of the objection or suggestion.",
"name": "Other circumstances constituting concentration of economic power, etc.",
"related_acts": "",
"section_id": 7
},
{
"act_id": 360,
"details": "8. (1) For the purposes of this Ordinance, the Government shall, by notification in the official Gazette, constitute a Monopoly Control Authority consisting of not less than three members appointed by it one of whom shall be appointed to be the Chairman. (2) No person shall be appointed as, or continue to be, a member of the Authority if he has or acquires any such financial or other interest as is likely to affect prejudicially his functions as such member. (3) No member of the Authority shall assume his office until he has made such declaration affirming secrecy and fidelity as may be prescribed. (4) A member of the Authority shall hold office for a period of five years unless he earlier resigns or otherwise ceases to hold office. (5) A casual vacancy in the office of a member caused by death, resignation or otherwise shall be filled for the remainder of the term of such member by the appointment of another person. (6) No act or proceeding of the Authority shall be invalid by reason only of the existence of any vacancy among its members or any defect in its constitution.",
"name": "Constitution of Authority",
"related_acts": "",
"section_id": 8
},
{
"act_id": 360,
"details": "9. The Authority may appoint such officers and servants on such terms and conditions as it may determine.",
"name": "Appointment of officers by the Authority",
"related_acts": "",
"section_id": 9
},
{
"act_id": 360,
"details": "10. The functions of the Authority shall be- (a)\tto register undertakings, individuals and agreements; (b)\tto conduct enquiries into the general economic conditions of the country with particular reference to the concentration of economic power and the existence or growth of monopoly power and restrictive trade practices; (c) \tto conduct such enquiry into the affairs of any undertaking or individual as may be necessary for the purposes of this Ordinance; (d) \tto give advice to persons or undertakings asking for the same as to whether any actions proposed to be taken by such person or undertaking are consistent with the provisions of this Ordinance, or any rules or orders made thereunder; (e) \tto make recommendations to the Government or a Provincial Government or to the appropriate authority or officer of such Government for suitable Governmental actions to prevent or eliminate undue concentration of economic power, unreasonable monopoly power or unreasonably restrictive trade practices; and (f) \tto make such orders and to do all such things as are necessary for carrying out the purposes of this Ordinance.",
"name": "Functions of the Authority",
"related_acts": "",
"section_id": 10
},
{
"act_id": 360,
"details": "11. (1) Where the Authority is satisfied that there has been or is likely to be a contravention of the provisions of section 3 and that action is necessary in the public interest, it may make one or more of such orders specified in section 12 as it may deem appropriate. (2) Before making an order under sub-section (1), the Authority shall- (a)\tgive notice of its intention to make such order stating the reasons therefore to such persons or undertakings as may appear to it to be concerned in the contravention to show cause on or before a date specified therein as to why such order shall not be made; and (b)\tgive the persons or undertakings an opportunity of being heard and of placing before it facts and material in support of their contention. (3) An order made under sub-section (1) shall have effect notwithstanding anything contained in any other law for the time being in force or in any contract or memorandum or articles of association.",
"name": "Proceedings in case of contravention of section 3",
"related_acts": "",
"section_id": 11
},
{
"act_id": 360,
"details": "12. (1) An order of the Authority under section 11 may,- (a)\tin the case of undue concentration of economic power- (i)\trequire the firms or companies concerned, not being public limited companies, to be converted, within such time and in such manner as may be specified in the order, into public limited companies; (ii)\trequire the controlling shareholders of the public limited companies concerned to offer such part of the stocks and shares held by them within such time and in such manner as may be specified in the order to the general public, including 3* * * an investment institution established or controlled by Government; (iii)\tprescribe the circumstances in which and the conditions on which the associated undertakings concerned may deal with each other; (b)\tin the case of unreasonable monopoly power,- (i) \trequire the person or undertaking concerned to divest himself or itself of the ownership of any stock or shares or other beneficial interest in any undertaking or of any assets within such time and under such conditions as may be specified in the order; (ii)\trequire the person concerned to divest himself of any position held by him as an officer, director or partner in any undertaking within such time and under such conditions as may be specified in the order; (iii)\trequire the person or undertaking concerned to divest himself or itself of the management or control of any undertaking within such time and under such conditions as may be specified in the order; (iv)\tprohibit the person or undertaking concerned from acquiring the stock or assets of, or the undertaking from merging with, any other undertaking; (v)\tlimit the total loans which may be made by any bank or insurance company to any single individual or undertaking, or to any undertaking associated with such bank or insurance company; (vi)\tlimit the investments of any undertaking engaged in the banking, investment or insurance business; (vii)\trequire the person or undertaking concerned to take such actions specified in the order as may be necessary to restore competitive prices and eliminate restrictions on output or entry of competitors in the market; (c) \tin the case of unreasonably restrictive trade practices,- (i)\trequire the person or undertaking concerned to discontinue or not to repeat any restrictive trade practice and to terminate or modify any agreement relating thereto in such manner as may be specified in the order; (ii)\trequire the person or undertaking concerned to take such actions specified in the order as may be necessary to restore competition in the production, distribution or sale of any goods or provision of any services. (2) An order referred to in sub-clause (ii) of clause (a) of sub-section (1) or sub-clause (i) of clause (b) of that sub-section shall not be so made as to require the offer of the stocks or shares at a price below their face value or at a price below the aggregate of such value and fifty per cent of the difference between such value and the net worth of the stocks or shares as may be determined in accordance with the rules made in this behalf, which ever is greater. (3) Where any stocks or shares have been offered in pursuance of an order referred to in sub-section (2), no fresh order of such nature shall be made in respect of the same person or undertaking within a period of three years from the date of such order whether or not the stocks or shares offered have actually been subscribed.",
"name": "Orders of the Authority",
"related_acts": "",
"section_id": 12
},
{
"act_id": 360,
"details": "13. (1) Where, during the course of any proceeding under section 11, the Authority is of opinion that issue of a final order in the proceeding is likely to take time and that, in the situation that exists or is likely to emerge, an interim order is necessary in the public interest, it may, after giving the persons or undertakings concerned an opportunity of being heard, by order, direct such persons or undertakings to do or refrain from doing or continuing to do any act or thing specified in the order. (2) An order under sub-section (1) may, at any time, be modified or cancelled by the Authority and, unless so cancelled, shall remain in force for such period as may be specified therein but not beyond the date of the final order made under section 11.",
"name": "Power to issue interim order",
"related_acts": "",
"section_id": 13
},
{
"act_id": 360,
"details": "14. (1) The Authority may, on its own, and shall upon a reference made to it by the Government, conduct special enquiries into any matter relevant to the purposes of this Ordinance. (2)Where the Authority receives from not less than twenty five persons a complaint in writing of such facts as constitute a contravention of the provisions of section 3, it shall, unless it is of opinion that the application is frivolous or vexatious or based on insufficient facts, conduct a special enquiry into the matter to which the complaint relates. (3) If upon the conclusion of a special inquiry under sub-section (1) or sub-section (2), the Authority is of opinion that the findings are such that it is necessary in the public interest so to do, it shall initiate proceedings under section 11.",
"name": "Special enquiry",
"related_acts": "",
"section_id": 14
},
{
"act_id": 360,
"details": "15. (1) The Authority shall, for the purposes of a proceeding or enquiry under this Ordinance, have the same powers as are vested in a civi1 Court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely:- (a)\tthe summoning and enforcing the attendance of any witness and examining him on oath; (b)\tthe discovery and production of any document or other material object producible as evidence; (c) \tthe reception of evidence on affidavits; (d)\tthe requisitioning of any public record from any Court or office; (e)\tthe issuing of commissions for the examination of witnesses and documents. (2) Any proceeding before the Authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the 4* * * Penal Code, and the Authority shall be deemed to be a civil Court for the purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898. (3) The Authority may, for the purposes of a proceeding or enquiry under this Ordinance, require any person- (a)\tto produce before, and to allow to be examined and kept by, an officer of the Authority specified in this behalf, any books, accounts, or other documents in the custody or under the control of the person so required, being documents relating to any matter the examination of which may be necessary for the purposes of this Ordinance; and (b)\tto furnish to an officer so specified such information in his possession relating to any matter as may be necessary for the purposes of this Ordinance.",
"name": "Powers of the Authority in relation to a proceeding or enquiry",
"related_acts": "86,75",
"section_id": 15
},
{
"act_id": 360,
"details": "16. (1) In order that information relevant to the performance of its functions under this Ordinance is available to the Authority, the following undertakings, individuals and agreements shall be registered with the Authority in such manner as may be prescribed by rules, namely:- (a) \tAn undertaking which, during the next preceding calendar year produced, distributed, sold or provided not less than one-third of the total production or supply of any goods or services 5* * * . (b) \tAssociated undertakings engaged in the same line of business, which during the next preceding calendar year produced, distributed, sold or provided not less than twenty per cent of the total production or supply of any goods or services 6* * *. (c)\tAn undertaking which during the next preceding calendar year, by itself or together with its associated undertaking, both produced and distributed by wholesale or by retail or by both not less than twenty per cent of the total production and supply of any goods 7* * *. (d) \tAn undertaking which is not owned by a public company and the total value of the assets of which is not less than one crore of Taka. (e) \tAn undertaking which, by agreement or otherwise, establishes minimum resale prices for retailers or wholesalers with regard to goods which it produces or distributes. (f) \tAn undertaking which, by itself or together with its associated undertaking, is the sole distributor or supplier 8* * * for more than one undertakings of any goods or services. (g)\tA bank, investment company or insurance company which, in relation to any other undertaking, is an associated undertaking. (h)\tAn individual who holds or controls, whether directly or indirectly, shares carrying not less than fifty per cent of the voting power in an undertaking owned by a public company the total value of the assets of which is not less than one crore of Taka. (i) \tAn agreement for any such acquisition or merger as is referred to in clause (b) of sub-section (1) of section 5. (j) \tAn agreement of the nature referred to in sub-section (1) of section 6. (k) \tAn agreement for the distribution or sale of any goods which, directly or indirectly,- (i)\tlimits the areas in which, or the persons to whom, the product may be re-sold; (ii)\tprohibits or restricts the distribution or sale of other goods by the distributor; (iii)\tlimits the persons through whom the distributor may distribute or sell such goods. (l) \tAny license of patents or technology which limits the freedom of the licensee to use such patents or technology in the manufacture of any goods or to sell the goods produced under such license at such prices, in such areas, to such persons and for such uses as the licensee may choose, or which limits the freedom of the licensor to grant additional licenses to such persons and on such terms as he may choose. (m)\tSuch other persons, undertakings, agreements or franchise as the Authority may by rule prescribe. Explanation.- For the purposes of clauses (a),(b) and (c), the percentage of any goods produced, distributed or sold or of any services provided shall be computed on the basis of the monthly statistical bulletin of the 9Government or on such other basis as the Authority may by rule prescribe. (2) An application for registration under sub-section (1) shall be made in the form of a memorandum which shall- (a)\tin the case of an undertaking, set out the value of its assets, the volume of each of the goods or services sold or provided by it, and the full particulars of the facts by reason of which it is subject to registration; (b)\tin the case of an individual, set out a statement of the extent and nature of his control over an undertaking or its shares, by reason of which he is subject to registration; (c)\tin the case of an agreement, set out the names and addresses of the persons who are parties to the agreement and be accompanied by a true copy of the agreement or, if the agreement is not in writing, by the full particulars of the agreement. (3) An application for registration shall be made- (a) \tin the case of an undertaking, by the person who is for the time being responsible for the conduct of the affairs of the undertaking; (b)\tin the case of an individual, by such individual; and (c) \tin the case of an agreement, by all the parties thereto. Explanation.- The provisions of this sub-section shall be deemed to have been complied with if the application is made- (a)\tin the case of an undertaking, by the person for the time being responsible for the conduct of the affairs of any one of its associated undertakings; (b)\tin the case of an individual other than a Hindu undivided family, by any one of his relations referred to in sub-section (2) of section 2; (c)\tin the case of a Hindu undivided family, by any member of the family; and (d)\tin the case of an agreement, by any one of the parties thereto. (4) If at any time there is any variation in the relevant facts relating to an undertaking, individual or agreement with reference to which an application for registration was made or registration was effected, particulars of such variation shall, within thirty days of the variation, be reported to the Authority by the person referred to in sub-section (3).",
"name": "Registration",
"related_acts": "",
"section_id": 16
},
{
"act_id": 360,
"details": "17. (1) The Authority shall keep and maintain in such form as may be prescribed by rules separate registers for the registration of undertakings, individuals and agreements subject to registration under this Ordinance. (2) The Authority shall register an undertaking, individual or agreement by entering in the register such particulars relating thereto as may be prescribed by rules. (3) The Authority shall enter in the register any variation in the facts relating to an undertaking, individual or agreement reported to it. (4) A register shall be open to public inspection at such time and on payment of such fees as may be prescribed by rules, except that the Authority may, upon application by the person or undertaking concerned, provide for the confidential treatment of trade secrets.",
"name": "Registers to be kept",
"related_acts": "",
"section_id": 17
},
{
"act_id": 360,
"details": "18. Where an undertaking, individual or agreement registered under section 16 has, by reason of a change in the facts, with reference to which the registration was effected, ceased to be subject to registration under this Ordinance and the fact is reported to the Authority by the person referred to in sub-section (3) of section 16, the Authority shall, if it is satisfied upon such inquiry as it may think fit that the undertaking, individual or agreement has so ceased, cancel the registration.",
"name": "Cancellation of registration",
"related_acts": "",
"section_id": 18
},
{
"act_id": 360,
"details": "19. (1) The Authority may, by order, direct any person or undertaking to pay to the Government by way of penalty such sum not exceeding one lakh of Taka as may be specified in the order if, after giving the person or undertaking concerned an opportunity of being heard, it determines that such person or undertaking- (a)\thas failed to comply with any order of the Authority made under this Ordinance, or has wilfully failed to register as required by the provisions of this Ordinance, or (b)\thas furnished any information or made any statement to the Authority which he knows or has reason to believe to be false in any material particular. (2) If any such failure as is referred to in clause (a) of that sub-section is a continuing one, the Authority may in the manner provided for in sub-section (1) also direct that the person or undertaking guilty of such failure shall pay by way of penalty to the Government a further sum which may extend to ten thousand Taka for every day after the first. (3) A penalty imposed under sub-section (1) or sub-section (2) shall be recoverable as an arrear of land revenue.",
"name": "Penalty",
"related_acts": "",
"section_id": 19
},
{
"act_id": 360,
"details": "20. Any person aggrieved by an order of the Authority under section 11 or section 19 may, within sixty days of the receipt of such order, appeal against it to the 11High Court Division on any of the following grounds, namely:- (a)\tthat the order is contrary to law or to some usage having the force of law; (b) \tthat the order has failed to determine some material issue of law or usage having the force of law; (c) \tthat there has been a substantial error or defect in following the procedure provided in this Ordinance which may possibly have produced error or defect in the order upon the merits.",
"name": "Appeal to the High Court Division",
"related_acts": "",
"section_id": 20
},
{
"act_id": 360,
"details": "21. Notwithstanding anything contained in any other law for the time being in force, the Authority may, by general or special order, call upon any person for the time being responsible for the conduct of the affairs of an undertaking to furnish periodically or as and when required any information concerning the activities of the undertaking, including information relating to its organisation, business, trade practices, management and connection with any other undertaking, which the Authority may consider necessary or useful for the purposes of this Ordinance.",
"name": "Power to call for information relating to undertakings",
"related_acts": "",
"section_id": 21
},
{
"act_id": 360,
"details": "22. No person shall be entitled to or be paid any compensation or damages for any loss or injury suffered by him on account of the termination of any agreement or employment or the divestment of any share or property in pursuance of any order made under this Ordinance.",
"name": "Compensation not payable",
"related_acts": "",
"section_id": 22
},
{
"act_id": 360,
"details": "23. No suit, prosecution or other legal proceeding shall lie against the Authority or any officer or servant of the Authority for anything in good faith done or intended to be done under this Ordinance or any rule or order made thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 23
},
{
"act_id": 360,
"details": "24. The Authority may make and publish rules regarding procedures, fees and all other matters for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 24
},
{
"act_id": 360,
"details": "25. This Ordinance shall not, unless the Government by notification in the official Gazette otherwise directs, apply- (a) \tto an undertaking which is owned by the 12Government, or (b)\tto an undertaking which is owned by a body corporate established by the Government by law or whose Chief Executive is appointed by or with the approval of the 13Government, or (c) \tto anything done by any person or undertaking in pursuance of any order of the 14Government, or (d) \tto anything done by a trade union or its members for carrying out its purposes.",
"name": "25.\tOrdinance not to apply to certain undertakings",
"related_acts": "",
"section_id": 25
}
],
"text": "An Ordinance to provide for measures against undue concentration of economic power, growth of unreasonable monopoly power and unreasonably restrictive trade practices.1♣ WHEREAS the undue concentration of economic power, growth of unreasonable monopoly power and unreasonably restrictive trade practices are injurious to the economic wellbeing, growth and development of Bangladesh; AND WHEREAS it is expedient to provide for measures against such concentration, growth and practices and for matters connected therewith or incidental thereto; AND WHEREAS the national interest of Pakistan in relation to the economic and financial stability of Pakistan requires Central legislation in the matter; NOW, THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 361,
"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 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 “Pakistan” was omitted Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"4 The word “Pakistan” was omitted Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"5 The word “Pakistan” was omitted Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"6 The word “Pakistan” was omitted Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"7 The word “Pakistan” was omitted Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"8 The word “Pakistan” was omitted Article 6 of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972)",
"9 The words “High Court Division” were substituted for the words “High Court” by Article 7(1)(a) of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972) as amended by the Bangladesh Adaptation of Existing Laws (Amendment) Order, 1972 (President’s Order No. 150 of 1972)",
"10 The words “Appellate Division of the Supreme Court” were substituted for the words “Supreme Court” by Article 7(1)(b) of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972) as amended by the Bangladesh Adaptation of Existing Laws (Amendment) Order, 1972 (President’s Order No. 150 of 1972)"
],
"name": "The National Service Ordinance, 1970",
"num_of_sections": 16,
"published_date": "7th November, 1970",
"related_act": [
256,
388,
361,
430,
310,
248
],
"repelled": false,
"sections": [
{
"act_id": 361,
"details": "1. (1) This Ordinance may be called the 2* * * National Service Ordinance, 1970. (2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh wherever they may be. (3) It shall come into force on such day as the Government may, by notification in the official Gazette, appoint in this behalf.",
"name": "Short title, extent, application and commencement",
"related_acts": "361",
"section_id": 1
},
{
"act_id": 361,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“emoluments”, in relation to a person, includes the pay, allowances, gratuity, fees, commissions, perquisites and profits which such person is entitled to receive from his employer for his services; (b)\t“employer” means any person or body of persons, whether incorporated or not, who or which employs another person for hire or reward, either directly or through a contractor, whether the terms of employment be express or implied and includes, in the case of an establishment, the person responsible for the management, supervision and control of the establishment; (c)\t“essential service” means any service which the Government may, by notification in the official Gazette, declare to be essential for securing the defence or the security of Bangladesh or of any part thereof or for the maintenance of supplies and services essential to the life of the community; (d)\t“establishment” means any office, firm, industrial unit, undertaking, shop or premises in which persons are employed for the purpose of carrying on any manufacturing process, business, trade or service; (e)\t“matriculate” means a person who has passed the Matriculation Examination or Secondary School Leaving Certificate Examination, or any other equivalent examination, of a board or other authority set up by Government or by or under any law and includes a person who has passed such other examination as the Government may, by notification in the official Gazette, declare to be equivalent of such examination; (f) \t“national service” means the service required to be rendered under sub-section (4) of section 5; and (g)\t“prescribed” means prescribed by rules made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 361,
"details": "3. (1) Subject to the provisions of this Ordinance, every male citizen of Bangladesh who has attained the age of eighteen years and has not attained the age of twenty years and possesses educational qualifications not below that of a matriculate shall be liable to render national service. (2) Every male citizen of Bangladesh who, at the commencement of this Ordinance, has attained the age of eighteen years and has not attained the age of twenty years and possesses educational qualifications not below that of a matriculate shall, not later than one month from such commencement, offer himself for national service in such manner and to such authority as may be prescribed. (3) Every male citizen of Bangladesh who, at any time after the commencement of this Ordinance,- (a)\tbeing a matriculate, attains the age of eighteen years, or (b) \thaving attained the age of eighteen years, becomes a matriculate, shall, not later than one month from the date on which he attains the age of eighteen years or, as the case may be, becomes a matriculate, offer himself for national service in such manner and to such authority as may be prescribed. (4) Nothing in sub-section (1), sub-section (2) or sub-section (3) shall apply to persons- (a)\twho are members of any of the Defence Services or civilian armed forces of, or any police force in, Bangladesh or are employed in any of the ordnance factories in Bangladesh; or (b)\twho, being engaged in any essential service or being students of any medical, engineering or veterinary institution, are declared by the Government, by notification in the official Gazette, to be exempt from the liability to render national service.",
"name": "National service liability, etc.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 361,
"details": "4. (1) The liability to render national service of any person who is a student of any institution may, on an application made in this behalf to the prescribed authority, be deferred for such period as the authority may deem fit having regard to the duration of the course of studies taken up by such person. (2) Where the liability of any person to render national service has been deferred for any period under sub-section (1), the age up to which he is liable to be called up for such service shall be deemed to be extended by that period.",
"name": "Deferment of liability to render national service",
"related_acts": "",
"section_id": 4
},
{
"act_id": 361,
"details": "5. (1) An officer or authority prescribed in this behalf may, by a notice in writing, require any person liable to render national service to report in person to such authority and at such time and place as may be specified in the notice and the person to whom a notice has been issued shall report accordingly. (2) A person who has reported in pursuance of a notice under sub-section (1) shall be selected for national service unless- (a)\this liability to render national service has for the time being been deferred under section 4; or (b)\the is exempted after medical examination from the requirement of rendering national service; or (c)\the is exempted from the requirement of rendering national service in accordance with rules made under this Ordinance. (3) A person selected under sub-section (2) shall report to such authority and at such time and place as may be specified by the authority by whom he is so selected for the purpose of being enrolled in the Bangladesh Army, the Bangladesh Navy or, as the case may be, the Bangladesh Air Force. (4) A person who has reported under sub-section (3) shall, subject to the provisions of this Ordinance and the rules made thereunder, render national service for a period of one year in the Bangladesh Army, the Bangladesh Navy or, as the case may be, the Bangladesh Air Force in which he shall be enrolled for that period. (5) Save as otherwise provided in the rules made under this Ordinance, a person, while he is rendering national service, shall- (a) \tbe subject to the service law of the Defence Service in which he is enrolled for such service; and (b) \treceive such honorarium per month as may be prescribed and be entitled to such other facilities and privileges, other than salary, as are admissible to a person enrolled in the Bangladesh Army, the Bangladesh Navy or, as the case may be, the Bangladesh Air Force.",
"name": "Selection and enrolment, etc.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 361,
"details": "6. A person who has completed national service shall be placed on the National Service Reserve created for the purposes of this Ordinance and shall, until he has attained the age of thirty-five years, be liable to be called up - (a)\tfor refresher training every year; and (b)\tfor service from time to time in the Defence Service in which he rendered national service.",
"name": "National Service Reserve",
"related_acts": "",
"section_id": 6
},
{
"act_id": 361,
"details": "7. (1) A person in the National Service Reserve shall, when called up for training under clause (a) of section 6 by a notice in writing by the officer or authority prescribed in this behalf, report in person to such authority and at such time and place as may be specified in the notice and shall receive in the Defence Service in which he rendered national service the prescribed training for the prescribed period which shall not be less than fifteen days or more than thirty days. (2) Save as otherwise provided in this Ordinance or the rules made thereunder, a person, while he is undergoing training in a Defence Service under sub-section (1), shall- (a)\tbe subject to the 3* * * Army Act, 1952, the 4* * * Navy Ordinance, 1961, or, as the case may be, the 5* * * Air Force Act, 1953; and (b) \treceive such honorarium as may be prescribed and be entitled to such other facilities and privileges, other than salary, as are admissible to a person enrolled in the Defence Service in which he is undergoing training.",
"name": "Refresher training",
"related_acts": "248,310,256",
"section_id": 7
},
{
"act_id": 361,
"details": "8. (1) A person in the National Service Reserve shall, when called up for service in a Defence Service under clause (b) of section 6 by a notice in writing by the officer or authority prescribed in this behalf, report in person to such authority and at such time and place as may be specified in the notice. (2) A person who has reported in pursuance of a notice under sub-section (1) shall be enrolled in the Bangladesh Army, the Bangladesh Navy or, as the case may be, the Bangladesh Air Force unless he is, after medical examination, declared unfit for such enrolment. (3) A person enrolled in a Defence Service under sub-section (2) shall, unless he is earlier discharged or released, serve in that Service until he has attained the age of thirty-five years: Provided that nothing in this sub-section shall be deemed- (a)\tto prevent the retention in the Defence Service with his consent of any such person after he has attained the age of thirty-five years; or (b) \tto terminate the liability under section 6 of any such person who is discharged or released before he has attained the age of thirty-five years to be called up for refresher training every year or for service in a Defence Service.",
"name": "Service in Defence Services",
"related_acts": "",
"section_id": 8
},
{
"act_id": 361,
"details": "9. Every person- (i)\twho has offered himself for national service in pursuance of sub-section (2) or sub-section (3) of section 3 but has not been selected for national service; or (ii)\twhose liability to render national service has been deferred under section 4; or (iii)\twho has been exempted from rendering national service under clause (b) or clause (c) of sub-section (2) of section 5; or (iv)\twho has completed national service; shall be granted by the officer or authority prescribed in this behalf a certificate to the effect that such person has so offered himself for national service but has not been selected for such service or has been so exempted, or that his liability to render such service has been deferred for the period specified in the certificate or, as the case may be, that he has completed national service.",
"name": "Certificate to be granted",
"related_acts": "",
"section_id": 9
},
{
"act_id": 361,
"details": "10. A person for the time being in Bangladesh who is liable to render national service and does not hold a certificate granted under section 9 shall not leave Bangladesh without the permission in writing of such officer or authority as the Government may, by notification in the official Gazette, authorise in this behalf.",
"name": "Permission to leave Bangladesh necessary",
"related_acts": "",
"section_id": 10
},
{
"act_id": 361,
"details": "11. Notwithstanding anything contained in any other law for the time being in force or in any rule, order or other instrument, a person who has rendered national service shall, for the purpose of appearing in any competitive examination held for appointment to any service or post, be entitled to deduct from his age the period actually spent by him in national service.",
"name": "Extension of age limit for competitive examinations",
"related_acts": "",
"section_id": 11
},
{
"act_id": 361,
"details": "12. No employer shall employ a person who is liable to render national service unless such person holds a certificate granted under section 9.",
"name": "Employers not to employ certain persons",
"related_acts": "",
"section_id": 12
},
{
"act_id": 361,
"details": "13. The employer of any person for the time being on the National Service Reserve who is called up for refresher training under section 7 shall, for all purposes, treat the period spent by such person in such training as period spent in the performance of duties in the service of the employer and shall not- (i)\tterminate the services of such person while he is undergoing such training or on the ground that he is liable to be or has been called up for such training; or (ii)\tmake any deduction from the emoluments to which such person is entitled while on duty.",
"name": "Obligations of employers of persons in the Reserve",
"related_acts": "",
"section_id": 13
},
{
"act_id": 361,
"details": "14. (1) A person shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to fifteen thousand rupees, or with both, if he- (a)\tcontravenes the provisions of sub-section (2) or sub-section (3) of section 3; or (b) \tfails to render national service when required to do so; or (c) \tfails to comply with notice under sub-section (1) of section 5; or (d) \tfails to comply with notice, or to receive training, under sub-section (1) of section 7; or (e) \tfails to comply with notice under sub-section (1) of section 8; or (f) \tcontravenes the provisions of section 10; or (g) \tcontravenes the provisions of section 12; or (h) \tcontravenes the provisions of section 13. (2) A person who is convicted of an offence under sub-section (1) shall not be eligible to hold any office in the service of Bangladesh or any appointment in any establishment.",
"name": "Penalty",
"related_acts": "",
"section_id": 14
},
{
"act_id": 361,
"details": "15. (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 all or any of the following matters, namely:- (a)\tthe manner in which and the authority to which a person liable to render national service shall offer himself for such service; (b)\tthe officers and authorities by whom notices may be issued under sub-section (1) of section 5, or sub-section (1) of section 7, or sub-section (1) of section 8; (c) \tthe circumstances in which and the grounds on which a person may be exempted from the requirement of rendering national service; (d)\tthe honorarium payable to a person while rendering national service; (e)\tthe manner in which persons may be enrolled for rendering national service in any of the Defence Services; (f)\tthe manner in which persons who have completed national service may be placed on the National Service Reserve; (g)\tthe nature of the training which persons on the National Service Reserve shall undergo, the period of such training, and the honorarium payable to such persons; (h) \tthe officers and authorities by whom certificates under section 9 may be granted; (i) \tthe extent to which and the manner in which persons enrolled for rendering national service in any of the Defence Services or called up for training under sub-section (1) of section 7 shall be subject to the 6* * * Army Act, 1952, the 7* * * Navy Ordinance, 1961, or, as the case may be, the 8* * * Air Force Act, 1953; and (j)\tany other matter which may be necessary for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "248,310",
"section_id": 15
},
{
"act_id": 361,
"details": "16. No order made or proceedings taken under this Ordinance shall be called in question in any Court including the 9High Court Division and the 10Appellate Division of the Supreme Court .",
"name": "Jurisdiction of Courts barred",
"related_acts": "",
"section_id": 16
}
],
"text": "An Ordinance to introduce compulsory national service in Bangladesh.1♣ WHEREAS it is expedient to introduce compulsory national service in Bangladesh and to provide for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :-"
} |
{
"id": 362,
"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 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 Control of Essential Commodities (Extension to the Chittagong Hill-Tracts) Ordinance, 1970 (East Pakistan Ordinance)",
"num_of_sections": 2,
"published_date": "5th January, 1970",
"related_act": [
388
],
"repelled": false,
"sections": [
{
"act_id": 362,
"details": "1. (1) This Ordinance may be called the 2* * * Control of Essential Commodities (Extension to the Chittagong Hill-Tracts) Ordinance, 1970. (2) It shall come into force at once.",
"name": "Short title and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 362,
"details": "2. The 3* * * Control of Essential Commodities Act, 1956, shall apply to the district of Chittagong Hill-tracts.",
"name": "Application of E.P. Act I of 1956 to the Chittagong Hill-tracts",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to extend the provisions of the 1* * * Control of Essential Commodities Act, 1956, to the district of Chittagong Hill-tracts. WHEREAS it is expedient to extend the provisions of the * * * Control of Essential Commodities Act, 1956, to the district of Chittagong Hill-tracts; NOW, THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the Governor is pleased to make and promulgate the following Ordinance, namely:-"
} |
{
"id": 363,
"lower_text": [
"1 Throughout this Ordinance, the words “Bangladesh” and “Government” were substituted for the words “East Pakistan” and “Provincial Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"2 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, brackets, figures and comma “clause (28) of section 3 of the General Clauses Act, 1897 (X of 1897)” were substituted for the words, brackets, figures and comma “clause (23) of section 3 of the Bengal General Clauses Act, 1899 (Bengal Act I of 1899)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"4 The words “is a person in the service of the Republic” were substituted for the words “is a servant of Government in Pakistan” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"5 The colon (:) was substituted for the full-stop (.) and the proviso was added thereafter by Article 2 of the Bangladesh Government and Local Authority Lands and Buildings (Recovery of Possession) Order, 1972 (President’s Order No. 85 of 1972)",
"6 The words “Upazilla Nirbahi Officer” were substituted for the words “Sub-divisional Officer” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)",
"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)",
"8 The words “Commissioner of the Division” were substituted for the word “Government” by the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)",
"9 The word “Commissioner” was substituted for the word “Government” by 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 Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 (East Pakistan Ordinance)",
"num_of_sections": 15,
"published_date": "18th September, 1970",
"related_act": [
48,
73,
388,
430
],
"repelled": false,
"sections": [
{
"act_id": 363,
"details": "1. (1) This Ordinance may be called the 2* * * Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970. (2) It extends to the whole of Bangladesh. (3) This Ordinance, in so far as it relates to Government lands and buildings, shall come into force at once; and the Government may, by notification in the official Gazette, extend it to such Local Authority and from such date as may be specified in the notification.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 363,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“building” means a building which vests in, or is owned by, or is in possession or under the management and control of, the Government or a Local Authority, and includes the land appurtenant thereto; (b)\t“Deputy Commissioner” means the Deputy Commissioner of a District and includes an Additional Deputy Commissioner or a Joint Deputy Commissioner and such other persons as may be appointed by the Government to perform all or any of the functions of a Deputy Commissioner under this Ordinance; (c)\t“land” means any land which vests in, or is owned by, or is in the possession or under the management and control of, the Government or Local Authority and includes any water; (d)\t“Local Authority” means a local authority as defined in 3clause (28) of section 3 of the General Clauses Act, 1897 (X of 1897); (e)\t“prescribed” means prescribed by rules made by the Government under this Ordinance; (f)\t“unauthorised occupant” means a person who is in occupation of any land or building or part thereof without having obtained the express permission or authority of the Government or the Local Authority concerned, as the case may be, and without executing, where necessary, a legal document, and includes- (i) \ta person unlawfully inducted into any land or building or part thereof by the lessee; and (ii) \ta lessee who continues in possession of the land or building or part thereof after expiry of term or determination of lease; and (g) \tthe words “lease” and “lessee” have the same meanings as in the Transfer of Property Act, 1882, and the word “lessee” includes his heirs, assigns, legal representatives, members of his family and all persons inducted by him into the demised land.",
"name": "Definitions",
"related_acts": "73,48",
"section_id": 2
},
{
"act_id": 363,
"details": "3. If on the expiry, whether before or after the commencement of this Ordinance, of the period of a lease in respect of any land or building of which the Government or a Local Authority is the lessor or on the determination of such lease on the ground of breach of any covenant or on the determination of such lease according to the terms and conditions of the lease or otherwise, the lessee refused or failed, or refuses or fails, to vacate that land or building and put the lessor into possession of the same, then, notwithstanding anything contained in any other law for the time being in force or in any contract, it shall be lawful for the Deputy Commissioner, on his own motion or on the complaint of or upon information received from anybody or a Local Authority, at any time after the expiry or determination of lease, to re-enter upon the demised land or building and recover khas possession thereof by evicting the lessee and by demolishing and removing structures, if any, erected or built thereon by the lessee: Provided that the Deputy Commissioner shall, before demolishing and removing any structures under this section, issue, in the prescribed manner, a notice on the lessee calling upon him to remove such structures within a period of thirty days from the date of service of the notice.",
"name": "Eviction of outgoing lessee from land or building",
"related_acts": "",
"section_id": 3
},
{
"act_id": 363,
"details": "4. (1) Notwithstanding anything contained in any other law for the time being in force or any contract, where the lessee of a building or part of a building 4is a person in the service of the Republic or of a Local Authority, the lease in respect of such building or part shall, in addition to the modes mentioned in section 111 of the Transfer of Property Act, 1882, terminate- (a)\ton the suspension, discharge, removal, dismissal, resignation, retirement or death of such servant or on his transfer from the station in which he is employed to any other station; or (b)\ton the transfer of the lessee's interest by assignment, mortgage, sub-lease or in any other manner. (2) On the determination of a lease in respect of a building or part of a building in the manner stated in sub-section (1) or in any of the modes mentioned in section 111 of the Transfer of Property Act, 1882, the lessee or the person claiming through him shall, notwithstanding anything contained elsewhere in the said Act or in any other law for the time being in force or in any contract, forthwith put the lessor into possession of such building or part, failing which it shall be lawful for the Deputy Commissioner to re-enter and recover khas possession of the same by evicting the lessee or the person claiming through him: Provided that the Deputy Commissioner shall, before re-entering such building or part of a building, issue, in the prescribed manner, a notice on such lessee or person calling upon him to vacate the same within a period of thirty days from the date of service of the notice.",
"name": "Determination of lease and recovery of building in certain cases",
"related_acts": "48,48",
"section_id": 4
},
{
"act_id": 363,
"details": "5. (1) If the Deputy Commissioner, on his own motion or on the complaint of or upon information received from anybody or a Local Authority, is satisfied after making such inquiry as he thinks fit, that a person is an unauthorised occupant, he may issue, in the prescribed manner, a notice directing such person to vacate the land, building or part thereof in his occupation within a period of thirty days from the date of service of the notice 5: Provided that the Deputy Commissioner may, where he is satisfied that thirty days' notice will not be in public interest, reduce the period of such notice to not less than seven days. (2) If the person, against whom an order under sub-section (1) has been made, refuses or fails to vacate the land, building or part thereof in his occupation within the time fixed, then, notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the Deputy Commissioner to enter upon such land, building or part thereof and recover khas possession of the same by evicting such person and by demolishing and removing structures, if any, erected or built by that person.",
"name": "Eviction of unauthorised occupant",
"related_acts": "",
"section_id": 5
},
{
"act_id": 363,
"details": "6. For the purpose of recovering khas possession of any land, building or part thereof under the provisions of section 3 or section 4 or section 5, the Deputy Commissioner may use or cause to be used such force as may be necessary.",
"name": "Mode of recovery of possession",
"related_acts": "",
"section_id": 6
},
{
"act_id": 363,
"details": "7. (1) Notwithstanding anything contained elsewhere in this Ordinance or in any other law for the time being in force, if a Deputy Commissioner, an Additional Deputy Commissioner, a Joint Deputy Commissioner or a 6Upazilla Nirbahi Officer, on his own motion or on the complaint of or upon an information received from anybody, is satisfied after making such inquiry as he may think fit, that a person is an unauthorised occupant of any land or building or part thereof, he may give or cause to be given an information to that effect to the Police Station having jurisdiction and thereupon it would be an offence which shall be punishable with imprisonment of either description for a term not exceeding two years or with fine which may extend to rupees one thousand or with both. (2) An offence punishable under sub-section (1) shall be a cognizable and non-bailable offence to be tried in accordance with the warrant procedure as laid down in the Code of Criminal Procedure.",
"name": "Penalties",
"related_acts": "",
"section_id": 7
},
{
"act_id": 363,
"details": "8. All structures and other properties remaining on the land, building or part thereof, after expiry of the period specified in the notice under section 3 or section 4 or section 5, shall be forfeited to the Government or the Local Authority, as the case may be.",
"name": "Forfeiture",
"related_acts": "",
"section_id": 8
},
{
"act_id": 363,
"details": "9. (1) For unauthorised occupation of any land, building or part thereof or for any damage caused thereto, the unauthorised occupant shall be liable to pay to the Government or to the Local Authority, as the case may be, such compensation as may be assessed by the Deputy Commissioner in accordance with the rules to be made in this behalf by the Government. (2) As soon as an assessment has been made under sub-section (1), the Deputy Commissioner shall serve on the assessee, in the prescribed manner, a notice of such assessment, directing him to pay the amount so assessed within the period of thirty days from the date of service of the notice. (3) Any amount due under sub-section (2) or if the rent payable for lease in respect of any land, building or part of any building has been in arrear, such amount or rent shall be recoverable as public demand under the provisions of 7* * * Public Demands Recovery Act, 1913.",
"name": "Compensation for unauthorised occupation",
"related_acts": "",
"section_id": 9
},
{
"act_id": 363,
"details": "10. Any person aggrieved by an order made under section 3 or section 4 or section 5 or section 9 may prefer an appeal to the 8Commissioner of the Division within thirty days of the service of notice and the decision of the 9Commissioner on such an appeal shall be final.",
"name": "Appeal",
"related_acts": "",
"section_id": 10
},
{
"act_id": 363,
"details": "11. No civil Court shall pass an order in any suit or proceeding granting a temporary or ad interim injunction restraining the Deputy Commissioner from taking possession of any land, building or part thereof under this Ordinance nor shall call in question any assessment of compensation made under this Ordinance.",
"name": "Bar to jurisdiction of civil Court",
"related_acts": "",
"section_id": 11
},
{
"act_id": 363,
"details": "12. Any person authorised to exercise any power or discharge any duty under this Ordinance shall be deemed to be a public servant under section 21 of the 10* * * Penal Code.",
"name": "Public servant",
"related_acts": "",
"section_id": 12
},
{
"act_id": 363,
"details": "13. (1) No suit or legal proceeding shall lie against the Government or a Local Authority in respect of anything which is, in good faith, done or intended to be done under this Ordinance. (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 Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 13
},
{
"act_id": 363,
"details": "14. The Government may make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 14
},
{
"act_id": 363,
"details": "15. Repeal 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": 15
}
],
"text": "An Ordinance to repeal and with certain amendments, re-enact the East Bengal Government Lands and Buildings (Recovery of Possession) Act, 1952, and the East Pakistan Government Land (Unauthorised Occupation) Ordinance, 1960, and to consolidate the law relating to recovery of possession and assessment and recovery of compensation and arrear rent from unauthorised occupants of Government and Local Authority lands and buildings.1♣ WHEREAS it is expedient to repeal, and with certain amendments, re-enact the East Bengal Government Lands and Buildings (Recovery of Possession) Act, 1952, and the East Pakistan Government Land (Unauthorised Occupation) Ordinance, 1960, and to consolidate the law relating to recovery of possession and assessment and recovery of compensation and arrear rent from unauthorised occupants of Government and Local Authority lands and buildings; NOW, THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the Governor is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 364,
"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 Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)",
"2 The word “Agricultural” was omitted by section 2 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)",
"3 The word “Agriculture” was omitted by section 3 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)",
"4 Clause (mm) was inserted by section 2 of The Pesticides (Amendment) Act, 2009 (Act No. LVII of 2009).",
"5 The word and comma “REPACKING,” were inserted by section 4 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980).",
"6 The word and comma “repack,” were inserted by section 5 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)",
"7 The word and comma “repack,” were inserted by section 6 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)",
"8 The word and comma “re-packer,” were inserted by section 7 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. 5 of 1980)",
"9 Sub-section (3) and (4) were added by section 3 of the Pesticides (Amendment) Act, 2009 (Act No. LVII of 2009).",
"10 Section 8A was inserted by section 8 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)",
"11 Section 10A was inserted by section 9 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)",
"12 The word “AGRICULTURE” was omitted by section 4 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983).",
"13 The word “Agriculture” was omitted by section 5 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)",
"14 The words “Government and” were substituted for the words “Central Government or a Provincial Government or” by section 10 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980",
"15 The proviso was omitted by section 10 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)",
"16 The word “the” was substituted for the word “that” by section 10 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)",
"17 The word “Government” was substituted for the words “Central Government or a Provincial Government” by section 11 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)",
"18 The word “Government” was substituted for the words “Central Government or a Provincial Government” by section 11 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)",
"19 The words \" fifty thousand \" were substituted for the words \" one thousand \" by section 4 of the Pesticides (Amendment) Act, 2009 (Act No. LVII of 2009).",
"20 The words \" seventy five thousand \" were substituted for the words \" tow thousand \" by section 4 of the Pesticides (Amendment) Act, 2009 (Act No. LVII of 2009).",
"21 The words \" one lac \" were substituted for the words \" three thousand \" by section 4 of the Pesticides (Amendment) Act,2009 (Act No. LVII of 2009).",
"22 The words \" two years \" were substituted for the words \" one year \" by section 4 of the Pesticides (Amendment) Act, 2009 (Act No. LVII of 2009).",
"23 The words \"fifty thousand\" were substituted for the words \"one thousand\" by section 5 of the Pesticides (Amendment) Ordinance, 2009 (Act No. LVII of 2009).",
"24 The word \" or \" was added at the end of clause (c) and thereafter clause (d) was inserted by section 6 of the Pesticides (Amendment) Act, 2009 (Act No. LVII of 2009).",
"25 The words \" seventy five thousand \" were substituted for the words \" two thousand and five hundred \" by section 6 of the Pesticides (Amendment) Act, 2009 (Act No. LVII of 2009).",
"26 The words \" one lac \" were substituted for the words \" five thousand \" by section 6 of the Pesticides (Amendment) Act, 2009 (Act No. LVII of 2009).",
"27 The word “Agriculture” was omitted by section 6 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)",
"28 Clause (dd) was inserted by section 12 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)",
"29 The words “in agriculture” were omitted by section 6 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)",
"30 The words “in agriculture” were omitted by section 6 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)",
"31 The words “equipments for application” were substituted for the word “means” by section 12 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)",
"32 The words “in agriculture” were omitted by section 6 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)"
],
"name": "The Pesticides Ordinance, 1971",
"num_of_sections": 32,
"published_date": "25th January, 1971",
"related_act": [
75,
114,
188,
364
],
"repelled": true,
"sections": [
{
"act_id": 364,
"details": "1. (1) This Ordinance may be called the 2* * * Pesticides Ordinance, 1971. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "Short title, extent and commencement",
"related_acts": "364",
"section_id": 1
},
{
"act_id": 364,
"details": "2. The provisions of this Ordinance shall be in addition to, and not in derogation of, the provisions of the Poisons Act, 1919, and any other law for the time being in force.",
"name": "Application of other laws not barred",
"related_acts": "114",
"section_id": 2
},
{
"act_id": 364,
"details": "3. In this Ordinance, unless there is anything repugnant in the subject or context, the expression- (a)\t“adulterated” when used with reference to a pesticide, means any pesticide the strength or purity of which falls below the professed standard or quality which is expressed on its label or under which it is sold or a pesticide any valuable ingredient of which has been wholly or partially extracted; (b)\t“advertise” means to make known by publication or distribution of any advertisement, circular or other notice; (c)\t“brand” means the trade name applied by an importer, manufacturer, formulator or vendor to the goods imported, manufactured or sold by him; (d)\t“Committee” means the 3* * * Pesticide Technical Advisory Committee constituted under this Ordinance; (e)\t“formulation” means the process by which a pesticide is converted, by mixing with other substances, into a form in which it is ready to be used; (f) \t“fungi” means all rusts, smuts, mildews, moulds, yeasts, and similar forms of plant life prescribed in this behalf and includes bacteria affecting plant life; (g)\t“Government Analyst” means a Government Analyst appointed under this Ordinance; (h)\t“guarantee” means the statement indicating the strength, effectiveness and other qualities of a brand of a pesticide which an importer, manufacturer, formulator, vendor or person holding stock for sale of a brand of a pesticide is required to submit under the rules at the time of applying for the registration of the brand; (i)\t“Inspector” means an Inspector appointed under this Ordinance; (j)\t“ingredient” means any material used in making a pesticide; (k)\t“insect” means any of the small invertebrate animals commonly known as insects and includes such forms of animal life as may be prescribed; (l)\t“label” means the written, printed or graphic matter on, or attached to, a pesticide or the immediate container thereof, and the outside container or wrapper of the retail package, if any, of the pesticide; (m)\t“package” includes every container; 4(mm) “Person” means importer, manufacturer, formulator, repacker, vendor or stock holder, wholesaler and retailer of pesticides but does not include farmer or end user; (n)\t“pesticide” means any substance or mixture of substances used or represented as a means for preventing, destroying, repelling, mitigating or controlling, directly or indirectly, any insect, fungus, bacterial organism, nematodes, virus, weed, rodent, or other plant or animal pest; but does not include a substance which is a ÔÇÿdrug' within the meaning of the Drugs Act, 1940; (o)\t“prescribed” means prescribed by rules made under this Ordinance; (p)\t“registered” means registered under this Ordinance; (q)\t“registration number” means a specific number assigned by the Government to each registered brand of pesticide; (r)\t“rules” means rules made under this Ordinance; and (s) \t“weed” means any plant which grows where not wanted.",
"name": "Definitions",
"related_acts": "188",
"section_id": 3
},
{
"act_id": 364,
"details": "4. No person shall import, manufacture, formulate, 6repack, sell, offer for sale, hold in stock for sale or in any manner advertise any brand of pesticide which has not been registered in the manner hereinafter provided.",
"name": "Pesticides to be registered",
"related_acts": "",
"section_id": 4
},
{
"act_id": 364,
"details": "5. (1) Any person intending to import, manufacture, formulate, 7repack, sell, offer for sale, hold in stock for sale or advertise any brand of a pesticide may apply to the Government for the registration of the brand under such name as he may indicate in the application. (2) An application under sub-section (1) shall be in such form, be accompanied by such fee and contain such statements and information as may be prescribed. (3) Where the person making an application under sub-section (1) is not domiciled in Bangladesh, the application shall, besides such person, be signed by his agent or representative in Bangladesh. (4) Upon the receipt of an application under sub-section (1), the Government may register a brand of a pesticide by the name indicated in the application, if it is satisfied that- (a)\tthe brand is not such as would tend to deceive or mislead the purchaser with respect to the guarantee relating to the pesticide or its ingredients or the method of its preparation; or (b) \tthe guarantee relating to the pesticide or its ingredients is not the same as that of another registered brand or is not so similar thereto as to be likely to deceive; or (c)\tit is effective for the purpose for which it is sold or represented to be effective; or (d)\tit is not generally detrimental or injurious to vegetation, except weeds, or to human or animal health, even when applied according to directions. (5) When it registers a brand of a pesticide on the application of any person, the Government shall grant to him a certificate of registration in such form as may be prescribed.",
"name": "Application for registration of pesticide",
"related_acts": "",
"section_id": 5
},
{
"act_id": 364,
"details": "6. The registration of a brand of a pesticide shall be effective from the date of its registration until the thirtieth day of June of the third year following the year of registration.",
"name": "Period for which registration shall be effective",
"related_acts": "",
"section_id": 6
},
{
"act_id": 364,
"details": "7. If, at any time after the registration of the brand of a pesticide, the Government is of opinion that the registration has been secured in violation of any of the provisions of this Ordinance or the rules or that the pesticide is ineffective against pests or hazardous to vegetation, other than weeds, or to human or animal life, the Government may, after giving to the person on whose application it had been registered an opportunity of being heard, cancel the registration.",
"name": "Cancellation of registration",
"related_acts": "",
"section_id": 7
},
{
"act_id": 364,
"details": "8. (1) The Government may, on the application of the importer, manufacturer, formulator, 8re-packer, vendor or stock-holder of a registered brand of a pesticide in the guarantee or ingredients of which no change has taken place since the date of its registration, renew the registration of the brand for a further period of three years. (2) An application under sub-section (1) shall be in such form and be accompanied by such fee as may be prescribed and shall be made before the expiration of the period for which the registration of the brand to which it relates is effective. 9(3) An application for the renewal of registration shall be made at least thirty days before its expiry. (4) The renewal of registration certificate will be issued within ninety days after receiving the application.",
"name": "Renewal of registration",
"related_acts": "",
"section_id": 8
},
{
"act_id": 364,
"details": "108A. (1) Any person may, after obtaining a licence granted by the licensing authority, import, manufacture, formulate, repack, sell, offer for sale, hold in stock for sale, involve in pest control operation on commercial basis or advertise in any manner any brand of registered pesticide. (2) Any person intending to import, manufacture, formulate, repack, sell, offer for sale, hold in stock for sale, involve in pest control operation on commercial basis or advertise any brand of registered pesticide may apply for a licence to the licensing authority. (3) An application under sub-section (2) shall be in such form, be accompanied by such fee and contain such statements and information as may be prescribed. (4) A licence granted under this section shall be in such form and subject to such conditions as may be prescribed. (5) A licence granted under this section shall, unless suspended or cancelled under sub-section (6), remain valid for a period of two years from the date of issue of the licence and may, on payment of such fees as may be prescribed, be renewed for a like term. (6) The licensing authority shall have power to suspend or cancel the licence: Provided that no licence shall be suspended or cancelled without giving the licensee an opportunity of showing cause and of being heard in person. (7) Any licensee aggrieved by an order of the licensing authority under sub-section (6) may, within sixty days from the date of the order and on payment of such fee as may be prescribed prefer an appeal to the Government whose decision in the matter shall be final. (8) In this section, the expression “licensing authority” shall mean such authority as may be prescribed.",
"name": "Requirement of licence",
"related_acts": "",
"section_id": 9
},
{
"act_id": 364,
"details": "9. If any pesticide imported into Bangladesh is found to be adulterated or incorrectly or misleadingly tagged, labelled or named, or if its sale in any way contravenes any of the provisions of this Ordinance, the Government may, by notification in the official Gazette, prohibit the further import of the pesticide into Bangladesh.",
"name": "Importation may be prohibited",
"related_acts": "",
"section_id": 10
},
{
"act_id": 364,
"details": "10. No person shall sell or offer or expose for sale, or advertise or hold in stock for sale any pesticide unless each package containing the pesticide, and every tag or label durably attached thereto, is branded or marked in printed characters in such form and in such manner as may be prescribed.",
"name": "Labelling of packages",
"related_acts": "",
"section_id": 11
},
{
"act_id": 364,
"details": "1110A. (1) The Government may, by notification in the official Gazette, fix- (a)\tthe maximum price at which any pesticide specified in the notification may be sold; (b)\tthe maximum rate of commission that may be allowed to a wholesaler or retailer for distribution or sale of pesticide. (2) The Government may, for the purpose of sub-section (1), require a licensee to furnish such information as may be necessary.",
"name": "Power to fix maximum price of pesticides, etc.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 364,
"details": "11. No person shall store or use any pesticide save in accordance with rules made under this Ordinance.",
"name": "Storage and use of pesticides",
"related_acts": "",
"section_id": 13
},
{
"act_id": 364,
"details": "12. (1) As soon as may be after the commencement of this Ordinance, the Government shall constitute a committee, to be called the 13* * * Pesticide Technical Advisory Committee, to advise the Government on technical matters arising out of the administration of this Ordinance and to perform any other functions assigned to it by or under this Ordinance. (2) The Committee shall consist of a Chairman and such number of Vice-Chairmen and other members, being officers of the 14Government and persons representing trade and industry engaged in pesticide business, as the Government may appoint: 15* * * (3) The names of the Chairman, the Vice-Chairmen and the other members of the Committee shall be published in the official Gazette. (4) The Government shall appoint one of the members of the Committee, being an officer of 16the Government, to be the Secretary of the Committee for the period for which he is such a member. (5) The non-official members of the Committee shall hold office for a term of three years and shall be eligible for re-appointment. (6) A member of the Committee may, at any time, resign his office by writing under his hand addressed to the Chairman; but the seat of such member shall not be deemed to have fallen vacant unless the resignation has been accepted by the Chairman with the previous approval of the Government. (7) A person appointed to fill a vacancy created by the registration or death of a member shall hold office for the residue of the term of his predecessor. (8) The functions of the Committee may be exercised notwithstanding any vacancy in the membership thereof. (9) The Committee shall have the power to regulate with the prior approval of the Government the procedure for the conduct of its business. (10) The Committee may appoint sub-committees consisting of specialists for the consideration of particular matters for such periods, not exceeding three years, as it may consider necessary.",
"name": "The agriculture Pesticide Technical Advisory Committee",
"related_acts": "",
"section_id": 14
},
{
"act_id": 364,
"details": "13. (1) As soon as may be after the commencement of this Ordinance, the Government shall set up a Pesticide Laboratory suitably equipped to carry out the functions entrusted to it by or under this Ordinance. (2) The functions of the Pesticide Laboratory and the mode of submission of samples for analysis or test to the Laboratory shall be such as may be prescribed. (3) The secrecy of the formulae of brands of pesticides, samples of which are submitted to the Pesticide Laboratory for analysis or test, shall be duly safeguarded in the manner prescribed.",
"name": "Pesticide Laboratory",
"related_acts": "",
"section_id": 15
},
{
"act_id": 364,
"details": "14. The Government may, by notification in the official Gazette, appoint as many persons as it deems fit to be Government Analysts for pesticides and, where it appoints more than one person to be Government Analysts, shall specify in the notification the local limits within which each one of them shall perform the functions of Government Analyst.",
"name": "Government Analyst",
"related_acts": "",
"section_id": 16
},
{
"act_id": 364,
"details": "15. The 17Government may, by notification in the official Gazette, appoint from amongst the officers of the 18Government employed for work relating to plant protection such number as it deems fit to be Inspectors within such local limits as may be specified in the notification.",
"name": "Inspectors",
"related_acts": "",
"section_id": 17
},
{
"act_id": 364,
"details": "16. An Inspector may, within the local limits for which he is appointed, enter upon any premises where pesticides are kept or stored, whether in containers or in bulk, by or on behalf of the owner, including premises belonging to a bailee, such as a railway, a shipping company or any other carrier, and may take samples therefrom for examination. No compensation shall be payable for a reasonable quantity taken as a sample.",
"name": "Powers of Inspectors",
"related_acts": "",
"section_id": 18
},
{
"act_id": 364,
"details": "17. (1) Where an Inspector takes a sample of a pesticide for the purpose of test or analysis under section 16, he shall intimate such purpose in writing in the prescribed form to the person from whose possession he takes it and, in the presence of such person (unless he wilfully absents himself), shall divide the sample into three portions and effectively seal and suitably mark the same and permit such person to add his own seal and mark to all or any of the portions so sealed and marked: Provided that, where the pesticide is made up in containers of small volume, instead of dividing a sample as aforesaid, the Inspector may, and if the pesticide be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take three of the said containers after suitably marking the same and, where necessary, sealing them. (2) The Inspector shall restore one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it, and shall retain the remainder and dispose of the same as follows:- (i)\the shall forthwith send one portion or container to the Government Analyst for test or analysis; and (ii)\the shall send the second portion or container to the Government.",
"name": "Procedure of Inspectors",
"related_acts": "",
"section_id": 19
},
{
"act_id": 364,
"details": "18. (1) The Government Analyst to whom a sample of any pesticide has been forwarded by an Inspector under sub-section (2) of section 17 shall deliver to the Inspector, in triplicate in the prescribed form, a signed report of the result of the test or analysis conducted by him. (2) The Inspector shall deliver one copy of the report received by him to the person from whose possession the sample was taken and shall send one copy to the Government. (3) Any document purporting to be a report signed by the Government Analyst of an analysis conducted by him under this Chapter shall be conclusive evidence of the particulars stated therein unless the person to whom the report has been delivered under sub-section (2) disputes the correctness of the analysis conducted by the Government Analyst and, within thirty days of the delivery of the report to him, places before the Government evidence which in his opinion controverts the correctness of such analysis. (4) Where the evidence placed before the Government under sub-section (3) is such as would in its opinion justify a further investigation, it may cause a second part of the same sample to be analysed at the Pesticide Laboratory. (5) After the sample forwarded to it by the Government has been analysed by the Pesticide Laboratory, the Laboratory shall record the result of the analysis in a certificate of analysis and forward the certificate to the Government. (6) A certificate of analysis prepared by the Pesticide Laboratory shall be conclusive evidence of the facts stated therein.",
"name": "Report of Government Analyst",
"related_acts": "",
"section_id": 20
},
{
"act_id": 364,
"details": "19. The Government may publish in such manner as it may deem fit the result of the test and analysis of a pesticide made by a Government Analyst or the Pesticide Laboratory under section 18 together with such other information relating thereto, if any, as it may consider necessary.",
"name": "Publication of results of test and analysis",
"related_acts": "",
"section_id": 21
},
{
"act_id": 364,
"details": "20. (1) Any person who has purchased a pesticide may apply to a Government Analyst to conduct a test or analysis of the pesticide. (2) An application under sub-section (1) shall be made in such form and manner and be accompanied by such fee as may be prescribed. (3) The Government Analyst to whom an application is made in accordance with sub-section (2) shall conduct the test or analysis and issue to the applicant a report signed by him of the test or analysis.",
"name": "Purchaser of pesticide may have it tested or analysed",
"related_acts": "",
"section_id": 22
},
{
"act_id": 364,
"details": "21. Any person who- (a)\tsells, offers or exposes for sale, holds in stock for sale or advertises a registered brand of a pesticide which is not of the nature, substance or quality which it is represented to be by the brand or mark on the package containing it or, as the case may be, on the tag or label attached thereto; or (b) \tfalsely represents a pesticide in an advertisement; or (c)\tcontravenes any of the provisions of this Ordinance or the rules for the contravention of which no other penalty is provided in this Ordinance, shall be punishable, for the first offence, with fine which may extend to 19 fifty thousand Taka and for every subsequent offence with fine which shall not be less than 20seventy five thousandTaka or more than 21one lac Taka and in default of payment of any such fine with imprisonment for a term which may extend to 22two years.",
"name": "Offences and penalties",
"related_acts": "",
"section_id": 23
},
{
"act_id": 364,
"details": "22. Whoever gives false warranty to a dealer or purchaser in respect of a pesticide, that it complies in all respects with the provisions of this Ordinance shall, unless he proves that when he gave the warranty he had good reason to believe the same to be true, be punishable with fine which may extend to 23fifty thousand Taka.",
"name": "Manufacturer’s warranty to dealers",
"related_acts": "",
"section_id": 24
},
{
"act_id": 364,
"details": "23. Any person who- (a)\tunlawfully uses any registration number assigned or as if it had been assigned under this Ordinance, or (b)\twilfully alters the composition of a pesticide by mixing any other substance therewith after the said pesticide has been placed on the market by the manufacturer, importer or vendor, or (c) \twilfully obstructs, hinders, resists, or in any way opposes any Inspector in performing his duties under this Ordinance . 24or (d) gives any false statement during registration (prior and after) will get no scope for further registration, and shall be punishable with fine which shall not be less than 25seventy five thousand Taka or more than 26one lac Taka or with imprisonment for a term which shall not be less than one year or more than two years.",
"name": "Unlawful use of registration number, lowering of pesticidal value or hindering the Inspector from performing his duty",
"related_acts": "",
"section_id": 25
},
{
"act_id": 364,
"details": "24. (1) If an Inspector has reason to believe that an offence punishable under this Ordinance or the rules made thereunder has been, is being or is about to be committed at any time or place, he may enter and search such place and seize any pesticide, article or thing to which the offence relates found therein. (2) Any pesticide, article or thing seized under sub-section (1) shall be disposed of in accordance with the decision of the Court before which the offender is prosecuted for a contravention of any of the provisions of this Ordinance or the rules.",
"name": "Entry and seizure",
"related_acts": "",
"section_id": 26
},
{
"act_id": 364,
"details": "25. If any person is convicted of an offence punishable under this Ordinance committed by him in respect of any pesticide, article or thing, the Court convicting him may further direct that the pesticide, article or thing shall be forfeited to the Government.",
"name": "Power of Court to order forfeiture",
"related_acts": "",
"section_id": 27
},
{
"act_id": 364,
"details": "26. (1) No Court inferior to that of a Magistrate of the first class shall try an offence punishable under this Ordinance. (2) Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any Magistrate of the first class to pass any sentence authorised by this Ordinance even if such sentence exceeds his powers under the said section 32.",
"name": "Cognizance of offences, etc.",
"related_acts": "75",
"section_id": 28
},
{
"act_id": 364,
"details": "27. Any Magistrate of the first class or any bench of Magistrates invested with the powers of a Magistrate of the first class empowered for the time being to try in a summary way the offences specified in sub-section (1) of section 260 of the Code of Criminal Procedure, 1898, may, on application in this behalf being made by the prosecution, try in accordance with the provisions contained in sections 262 to 265 of that Code, any offence punishable under section 21.",
"name": "Power to try offences summarily",
"related_acts": "75",
"section_id": 29
},
{
"act_id": 364,
"details": "28. 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 or the rules.",
"name": "Indemnity",
"related_acts": "",
"section_id": 30
},
{
"act_id": 364,
"details": "29. (1) The Government may, in consultation with the 27* * * Pesticide Technical Advisory Committee and after previous publication in the official Gazette, make rules for carrying the provisions of this Ordinance into effect. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide all or any of the following matters, namely:- (a) \tthe nomenclature of every form of plant and animal life that shall be deemed to be insects, fungi or other plant or animal pests; (b) \tthe form in which an application for the registration of a brand of a pesticide or for the renewal of registration shall be made, the information that shall be furnished therewith and the fee that shall accompany it; (c) \tthe procedure for the grant of certificates of registration of brands of pesticides and renewal of such registration and the form of such certificates; (d)\tthe language of the tags or label to be attached to the containers and packages containing pesticides and the character and location of the printing to be marked on such tags, labels and containers; 28(dd) \tthe form in which an application for licence or for its renewal shall be made, the information that shall be furnished therewith and the fee that shall accompany it; and the fee for preferring an appeal against an order of suspension or cancellation of licence; (e)\tthe functions of the Pesticides Laboratory and the procedures to be followed by it in the performance of such functions, including- (i) \tsafeguarding of the secrecy of the formulae of any brands of pesticides disclosed to it; (ii)\tcollection of samples of pesticides for test or analysis; and (iii)\tthe form in which its reports of tests or analysis shall be written; (f)\tthe methods of analysis to be followed and the limits of variability to be allowed, by the Government Analyst as between the information marked on the container or on a label attached thereto or supplied to the purchaser when sold in bulk, and the results of the analysis; (g) \tthe qualifications and duties of the Government Analysts; (h)\tthe form in which an intimation of the purpose for which a sample is taken by an Inspector shall be given by him to the person from whose possession the sample is taken, the instruments to be employed, and the quantities to be taken, by an Inspector while taking samples for test or analysis and the manner in which they should be preserved and sent to the Government Analyst and the Government; (i)\tthe form in which an application shall be made by the purchaser of a pesticide to a Government Analyst for test or analysis of the pesticide, the manner in which a purchaser may send a pesticide for test or analysis to the Government Analyst, the information that shall be furnished with such application and the fee that shall accompany it; (j)\tthe pesticides that are generally detrimental or injurious to vegetation, domestic animals or public health even when used according to directions; (k)\tthe pesticides that are to be labelled “Poison” and their antidotes; (l) \tthe requirements for the safe storage of pesticides; (m)\tthe quantities of different brands of pesticides which a person may hold in stock at any one time and the premises in which, and the conditions subject to which, he may hold them in stock; (n)\tthe precautions for the protection of workers against risk of poisoning by pesticides arising from their working- (i) \tin connection with the use of such pesticides 29* * *; or (ii)\ton land on which such pesticides are being or have been used 30* * *; (o)\tthe restrictions or conditions as to the purposes for which, the circumstances in which, or the methods or 31equipments for application by which, a pesticide may be used; (p) \tthe restrictions or conditions involving a general prevention or limitation of the use of any pesticide 32* * *; (q) \tthe provision, and keeping available and in good order, of facilities for washing and cleaning and of other things needed for protecting persons, clothing, equipment and appliances from contamination with pesticides or for removing sources of contamination therefrom; (r)\tthe observance of precautions against poisoning by pesticides including the use of things provided in pursuance of the rules, and abstentions from eating, drinking and smoking in circumstances involving risk of poisoning by pesticides; (s) \tintervals between, or limitations of, periods of exposure to risk of poisoning by pesticides; (t) \tthe observance of special precautions in the case of persons who, by reason of their state of health, age, or other circumstances, are subject to particular risk of poisoning by pesticides or of injury therefrom, or imposing, in case of persons so subject, prohibitions or restrictions on employment of workers; (u)\tthe measures for detecting and investigating cases in which poisoning by pesticides has occurred; (v)\tthe provisions of effective facilities for prevention of poisoning by pesticides and first aid treatment; and (w)\tthe provision of instruction and training in the use of things provided in pursuance of the rules and in the observance of precautions against poisoning by pesticides.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 31
},
{
"act_id": 364,
"details": "30. Delegation of powers.- Omitted by section 13 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980).",
"name": "Omitted.",
"related_acts": "",
"section_id": 32
}
],
"text": "An Ordinance to regulate the import, manufacture, formulation, sale, distribution and use of pesticides1♣ WHEREAS it is expedient to regulate the import, manufacture, formulation, sale, distribution and use of pesticides and for matters ancillary thereto; * * * NOW, THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 365,
"lower_text": [],
"name": "The Bangladesh (Collection of Taxes) Order, 1971 (Acting President's Order)",
"num_of_sections": 5,
"published_date": "26th December, 1971",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 365,
"details": "1. (1) This Order may be called the Bangladesh (Collection of Taxes) Order, 1971. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once and shall be deemed to have taken effect on the 16th day of December, 1971.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 365,
"details": "2. All taxes except land revenue, payable or leviable under any law made before the commencement of this Order either by the Government of Pakistan or by the Government of East Pakistan shall be continued to be levied and collected at the rates specified therein by the person or authority empowered to levy and collect the same or by such other person or authority as the Government of Bangladesh may appoint in this behalf.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 365,
"details": "3. To avoid any doubt, it is declared that land revenue shall be reviewed by the Government of Bangladesh and shall not be collected until such time as the Government of Bangladesh may, by notification in the official Gazette, direct otherwise.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 365,
"details": "4. In this Order,- (a) 'law' includes rule, regulation, bye-law, order, instrument and notification; (b) 'tax' includes duty, cess, rate, penalty, fee and levy.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 365,
"details": "5. For the purposes of this Order, references in any law to “Central Government”, “Provincial Government”, “Pakistan” and “East Pakistan”, shall, unless the context otherwise requires, be construed as references to “Government of Bangladesh” and “Bangladesh” respectively.",
"name": "",
"related_acts": "",
"section_id": 5
}
],
"text": "WHEREAS it is expedient to make provisions for the collection of taxes in Bangladesh; NOW, THEREFORE, in pursuance of the Declaration of Independence of Bangladesh and in exercise of all powers enabling him in that behalf, the Acting President is pleased to make the following Order:-"
} |
{
"id": 366,
"lower_text": [],
"name": "The Bangladesh (Administration of Banks) Order, 1971 (Acting President's Order)",
"num_of_sections": 5,
"published_date": "29th December, 1971",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 366,
"details": "1. (1) This Order may be called the Bangladesh (Administration of Banks) Order, 1971. (2) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 366,
"details": "2. (1) Where any Bank having offices and branches in Bangladesh has its head office in Pakistan, formerly known as West Pakistan, the Government of Bangladesh may, notwithstanding anything contained in any law for the time being in force or in any instrument or document relating to the incorporation or registration of the Bank, by notification in the official Gazette, appoint an Administrator for the management and control of the affairs of the Bank in Bangladesh. (2) Where an Administrator is appointed for any Bank under clause (1), the Board of Directors of the Bank shall cease to function in respect of the Bank in Bangladesh and all the powers and duties of the Board of Directors or, as the case may be, Local Board of the Bank of Bangladesh shall vest in the Administrator. (3) The Administrator shall hold office for such period and on such terms and conditions as the Government of Bangladesh may specify. (4) In addition to the powers and duties of the Board of Directors, an Administrator shall also have the powers and duties of the Chief Executive of the Bank in Bangladesh and shall be wholly responsible for the management of its affairs in Bangladesh.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 366,
"details": "3. An Administrator shall exercise his powers and discharge his duties under the direct supervision and control of the Government of Bangladesh and shall submit to the Government of Bangladesh such statements and furnish such information as the Government of Bangladesh may direct or require from time to time.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 366,
"details": "4. This Order shall also apply to a Bank in Bangladesh which is a subsidiary to a Bank mentioned in clause (1) of article 2.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 366,
"details": "5. No action taken under this Order shall be called in question by or before any Court.",
"name": "",
"related_acts": "",
"section_id": 5
}
],
"text": "WHEREAS it is expedient to make provisions for the administration of Banks with head offices in Pakistan, formerly known as West Pakistan. NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh and in exercise of all powers enabling him in that behalf, the Acting President is pleased to make the following Order:-"
} |
{
"id": 367,
"lower_text": [
"1 Substituted for the words, commas, signs and brackets \"BISMILLAH-AR-RAHMAN-AR-RAHIM (In the name of Allah, the Beneficent, the Merciful)\" by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 2.",
"2 Substituted for the words \"a historic war for national independence\" by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 3.",
"3 Substituted for the former second paragraph by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 3.",
"4 Substituted for the semi-colon and word \";and\" by the Constitution (Third Amendment) Act, 1974 (Act LXXIV of 1974), section 3. But its effectiveness is subject to gazette notification under section 4 of that Act.",
"5 Article 2A was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011) section 4.",
"6 Substituted for the word \"Bengali\" by the Constitution (Eighth Amendment) Act, 1988 (Act XXX of 1988), section 3.",
"7 Article 4A was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011) section 5.",
"8 The word “Dhaka” was substituted for the word “Dacca” by section 4 of the Constitution (Eighth Amendment) Act, 1988 (Act No. XXX of 1988)",
"9 Article 6 was substituted for the formar article 6 by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 6.",
"10 Article 7A and 7B were inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 7.",
"11 Substituted for the former clause (1) and (1A) by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 8.",
"12 Substituted for the former article 9 by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 9.",
"13 Substituted for the former article 10 by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011) section 10.",
"14 The comma and words \",and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured\" were omitted by the Constitution (Fourth Amendment) Act, 1975 (Act II of 1975), section 2.",
"15 The Comma and words \", and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured\" were inserted by the Constitution (Twelfth Amendment) Act, 1991 (Act XXVIII of 1991), section 2.",
"16 Substituted for the former article 12 by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 11.",
"17 Article 18A was inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 12.",
"18 Clause (3) was added by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 13.",
"19 Article 23A was inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 14.",
"20 The figure and brackets (1) were omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 15, (i).",
"21 Clause (2) was omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 15, (ii).",
"22 Clause (3) was added by section 2 of the Constitution (Second Amendment) Act, 1973 (Act No. XXIV of 1973)",
"23 Article 30 was substituted by section 5 of the Constitution (Eighth Amendment) Act, 1988 (Act No. XXX of 1988)",
"24 Article 33 was substituted by section 3 of the Constitution (Second Amendment) Act, 1973 (Act No. XXIV of 1973)",
"25 Article 38 was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 16.",
"26 Substituted for the former clause (2) and (3) by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 17.",
"27 Substituted for the former article 44 by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 18.",
"28 Substituted for the proviso by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 19 (i).",
"29 Clause (3) was added by section 2 of the Constitution (First Amendment) Act, 1973 (Act No. XV of 1973)",
"30 Inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 19 (ii).",
"31 Article 47A was inserted by section 3 of the Constitution (First Amendment) Act, 1973 (Act No. XV of 1973)",
"32 Chapters I, II and III were substituted for Chapters I and II by section 3 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991).",
"33 Article 58A was omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 20.",
"34 Article 61 was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 22.",
"35 Clauses (2) and (3) were omitted by section 4 of the Constitution (Second Amendment) Act, 1973 (Act No. XXIV of 1973)",
"36 Clause (3) was substituted by section 2 of The Constitution (Seventeenth Amendment) Act, 2018 (Act No 29 0f 2018).",
"37 Clause (3A) was inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 23 (ii).",
"38 The word \"or\" and sub-clause (dd) were omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 24 (i).",
"39 Sub-clause (e) and (f) were inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 24 (ii).",
"40 Clause (2A) was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 24 (iii).",
"41 Clause (3) was inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 24 (iv).",
"42 The words “before Parliament” were omitted by section 5 of the Constitution (Fourth Amendment) Act, 1975 (Act No. II of 1975)",
"43 The word “remuneration” was substituted for the word “salaries” by section 6 of the Constitution (Eighth Amendment) Act, 1988 (Act No. XXX of 1988)",
"44 Substituted for the former article 70 by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 25.",
"45 The proviso was substituted by section 6 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)",
"46 Inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 26.",
"47 Clause (4A) was omitted by section 6 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)",
"48 Article 73A was inserted by section 9 of the Constitution (Fourth Amendment) Act, 1975 (Act No. II of 1975)",
"49 The words “or to speak on any matter not related to his Ministry” were inserted by section 7 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)",
"50 The words “Deputy Prime Minister” were omitted by the Constitution (Twelfth Amendment) Act, 1991 (Act XXVIII of 1991), section 7(b).",
"51 The words “acting as” were substituted for the words “exercising the functions of the” by section 10 of the Constitution (Fourth Amendment) Act, 1975 (Act No. II of 1975)",
"52 The words “At its first meeting in each session” were omitted by section 11 of the Constitution (Fourth Amendment) Act, 1975 (Act No. II of 1975)",
"53 Clause (3) was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 27 (i).",
"54 The words “by the votes of a majority of the total number of members of Parliament\" were omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 27 (ii).",
"55 The words \"in any Money Bill\" were inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 28.",
"56 Clause (aa) was omitted by section 8 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)",
"57 Sub-para (ii) was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 29(a).",
"58 Para (c) was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 29 (b).",
"59 Clause (3) was added by section 9 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)",
"60 Substituted for the words \"Parliament stands dissolved or is not in session\" by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 30.",
"61 Substituted for the former Chapter I by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 31.",
"62 Clauses (2), (3) and (4) were substituted for the clauses (2), (3), (4), (5), (6), (7) and (8) by section 2 of the Constitution (Sixteenth Amendment) Act, 2014 (Act No. XIII of 2014).",
"63 Article 115 was substituted by section 19 the Constitution (Fourth Amendment) Act, 1975 (Act No. II of 1975)",
"64 Substituted for the former article 116 by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 32.",
"65 Article 116A was inserted by section 21 of the Constitution (Fourth Amendment) Act, 1975 (Act No. II of 1975)",
"66 Substituted for the former sub-clause (c) by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011),section 33.",
"67 Substituted for the words and commas \"a Chief Election Commissioner and such number of other Election Commissoners if any, as the President may from time to time direct,\" by the Constitution (Fifteenth amendment) Act, 2011 (Act XIV of 2011), section 35 (a).",
"68 Substituted for the words \"Supreme Court\" by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 35 (b).",
"69 Clause (1) was substituted by section 12 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIll of 1991)",
"70 The words “to the offices of President and Vice President and” were omitted by section 13 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)",
"71 Substituted for sub-clauses (c) and (d) by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 36.",
"72 Clause (3) was omitted by section 13 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)",
"73 Clauses (1) and (2) were substituted for clauses (1), (2), (2A) and (2B) by section 14 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)",
"74 Substituted for the former clause (3) by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 37.",
"75 The colon (:) was substituted for the full stop (.) and thereafter the proviso was added by section 14 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)",
"76 Article 124 was substituted by section 15 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)",
"77 The words “offices of President and Vice President” were substituted for the words “office of President” by section 14 of the Constitution (Ninth Amendment) Act. 1989 (Act No. XXXVIII of 1989)",
"78 The words “and Vice President” were omitted by section 16 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)",
"79 Clause (c) was added by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 38.",
"80 Clause (1) was substituted by section 5 of the Constitution (Fourteenth Amendment) Act, 2004 (Act No. XIV of 2004)",
"81 Substituted for the words \"Supreme Court\" by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 39.",
"82 The words “sixty five” were substituted for the words “sixty-two” by section 6 of the Constitution (Fourteenth Amendment) Act, 2004 (Act No. XIV of 2004)",
"83 Substituted for the words “Supreme Court” by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 40.",
"84 Part IXA was inserted by section 6 of the Constitution (Second Amendment) Act, 1973 (Act No. XXIV of 1973).",
"85 The words \" for one hundred twenty days\" were added by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 41 (a).",
"86 The proviso was omitted by section 28 of the Constitution (Fourth Amendment) Act, 1975 (Act No. II of 1975)",
"87 The proviso was added by section 17 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)",
"88 Omitted by the Constitution (Fifteenth Amendment ) Act, 2011 (Act XIV of 2011), section 41 (b).",
"89 Added by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 41 (c).",
"90 The words and comma “on the written advice of the Prime Minister, by order” were substituted for the words “by order” by section 18 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)",
"91 Article 142 was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 42.",
"92 Article 145A was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 43.",
"93 Sub clause (aa) was omitted by section 21 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)",
"94 Substituted for the former sub-clause (b) by the Constitution (Fifteenth Amendment) Act, 2011 (Act No. XIV of 2011) section 44(i).",
"95 Substituted for the former sub-clause (d) by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 44(ii).",
"96 Clause (IA) was omitted by section 22 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)",
"97 The words “and for any reason it is impracticable for the oath to be made before that person” were omitted by section 30 of the Constitution (Fourth Amendment) Act, 1975 (Act No. II of 1975)",
"98 Clause (2A) was inserted by section 7 of the Constitution (Fourteenth Amendment) Act, 2004 (Act No. XIV of 2004)",
"99 Article 150 was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 45.",
"100 Omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV 2011), section 46 (a).",
"101 Substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 46(b)",
"102 Omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 46(d).",
"103 Inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 46(b).",
"104 Inserted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 46(c).",
"105 The semi-colon (;) was substituted for the full stop (.) by section 16 of the Constitution (Ninth Amendment) Act, 1989 (Act No. XXXVIII of 1989)",
"106 The expression “the vice president” was omitted by section 23 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991)"
],
"name": "The Constitution of the People’s Republic of Bangladesh",
"num_of_sections": 170,
"published_date": "",
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"sections": [
{
"act_id": 367,
"details": "1. Bangladesh is a unitary, independent, sovereign Republic to be known as the People's Republic of Bangladesh.",
"name": "The Republic",
"related_acts": "",
"section_id": 1
},
{
"act_id": 367,
"details": "2. The territory of the Republic shall comprise – (a) \tthe territories which immediately before the Proclamation of Independence on the 26th day of March, 1971 constituted East Pakistan 4and the territories referred to as included territories in the Constitution (Third Amendment) Act, 1974, but excluding the territories referred to as excluded territories in that Act; and (b) \tsuch other territories as may become included in Bangladesh.",
"name": "The territory of the Republic",
"related_acts": "",
"section_id": 2
},
{
"act_id": 367,
"details": "52A. The state religion of the Republic is Islam, but the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions.",
"name": "The state religion",
"related_acts": "",
"section_id": 3
},
{
"act_id": 367,
"details": "3. The state language of the Republic is 6Bangla.",
"name": "The state language",
"related_acts": "",
"section_id": 4
},
{
"act_id": 367,
"details": "4. (1) The national anthem of the Republic is the first ten lines of “Amar Sonar Bangla”. (2) The national flag of the Republic shall consist of a circle, coloured red throughout its area, resting on a green background. (3) The national emblem of the Republic is the national flower Shapla (nymphaea nouchali) resting on water, having on each side an ear of paddy and being surmounted by three connected leaves of jute with two stars on each side of the leaves. (4) Subject to the foregoing clauses, provisions relating to the national anthem, flag and emblem shall be made by law.",
"name": "National anthem, flag and emblem",
"related_acts": "",
"section_id": 5
},
{
"act_id": 367,
"details": "74A. The Portrait of the Father of the Nation, Bangabandhu Sheikh Mujibur Rahman shall be preserved and displayed at the offices of the President, the Prime Minister, the Speaker and the Chief Justice and in head and branch offices of all government and semi-government offices, autonomous bodies, statutory public authorities, government and non-government educational institutions, embassies and missions of Bangladesh abroad.",
"name": "Portrait of the Father of the Nation",
"related_acts": "",
"section_id": 6
},
{
"act_id": 367,
"details": "5. (1) The capital of the Republic is 8Dhaka. (2) The boundaries of the capital shall be determined by law.",
"name": "The capital",
"related_acts": "",
"section_id": 7
},
{
"act_id": 367,
"details": "96. The citizenship of Bangladesh shall be determined and regulated by law. (2) The people of Bangladesh shall be known as Bangalees as a nation and the citizens of Bangladesh shall be known as Bangladeshies.",
"name": "Citizenship",
"related_acts": "",
"section_id": 8
},
{
"act_id": 367,
"details": "7. (1) All powers in the Republic belong to the people, and their exercise on behalf of the people shall be effected only under, and by the authority of, this Constitution. (2) This Constitution is, as the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void.",
"name": "Supremacy of the Constitution",
"related_acts": "",
"section_id": 9
},
{
"act_id": 367,
"details": "107A. (1) If any person, by show of force or use of force or by any other un-constitutional means- (a) abrogates, repeals or suspends or attempts or conspires to abrogate, repeal or suspend this Constitution or any of its article ; or (b) subverts or attempts or conspires to subvert the confidence, belief or reliance of the citizens to this Constitution or any of its article, his such act shall be sedition and such person shall be guilty of sedition. (2) If any person- (a) abets or instigates any act mentioned in clause (1) ; or (b) approves, condones, supports or ratifies such act, his such act shall also be the same offence. (3) Any person alleged to have committed the offence mentioned in this article shall be sentenced with the highest punishment prescribed for other offences by the existing laws.",
"name": "Offence of abrogation, suspension, etc . of the Constitution",
"related_acts": "",
"section_id": 10
},
{
"act_id": 367,
"details": "7B. Notwithstanding anything contained in article 142 of the Constitution, the preamble, all articles of Part I, all articles of Part II, subject to the provisions of Part IXA all articles of Part III, and the provisions of articles relating to the basic structures of the Constitution including article 150 of Part XI shall not be amendable by way of insertion, modification, substitution, repeal or by any other means.",
"name": "Basic provisions of the Constitution are not amendable",
"related_acts": "",
"section_id": 11
},
{
"act_id": 367,
"details": "8. 11(1) The principles of nationalism, socialism, democracy and secularism, together with the principles derived from those as set out in this Part, shall constitute the fundamental principles of state policy. (2) The principles set out in this Part shall be fundamental to the governance of Bangladesh, shall be applied by the State in the making of laws, shall be a guide to the interpretation of the Constitution and of the other laws of Bangladesh, and shall form the basis of the work of the State and of its citizens, but shall not be judicially enforceable.",
"name": "Fundamental principles",
"related_acts": "",
"section_id": 12
},
{
"act_id": 367,
"details": "129. The unity and solidarity of the Bangalee nation, which, deriving its identity from its language and culture, attained sovereign and independent Bangladesh through a united and determined struggle in the war of independence, shall be the basis of Bangalee nationalism.",
"name": "Nationalism",
"related_acts": "",
"section_id": 13
},
{
"act_id": 367,
"details": "1310. A socialist economic system shall be established with a view to ensuring the attainment of a just and egalitarian society, free from the exploitation of man by man.",
"name": "Socialism and freedom from exploitation",
"related_acts": "",
"section_id": 14
},
{
"act_id": 367,
"details": "11. The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed 14* * * 15, and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured.",
"name": "Democracy and human rights",
"related_acts": "",
"section_id": 15
},
{
"act_id": 367,
"details": "1612. The principle of secularism shall be realised by the elimination of - (a) communalism in all its forms ; (b) the granting by the State of political status in favour of any religion ; (c) the abuse of religion for political purposes ; (d) any discrimination against, or persecution of, persons practicing a particular religion.",
"name": "Secularism and freedom of religion",
"related_acts": "",
"section_id": 16
},
{
"act_id": 367,
"details": "13. The people shall own or control the instruments and means of production and distribution, and with this end in view ownership shall assume the following forms – (a) state ownership, that is ownership by the State on behalf of the people through the creation of an efficient and dynamic nationalised public sector embracing the key sectors of the economy; (b) co operative ownership, that is ownership by co operatives on behalf of their members within such limits as may be prescribed by law; and (c) \tprivate ownership, that is ownership by individuals within such limits as may be prescribed by law.",
"name": "Principles of ownership",
"related_acts": "",
"section_id": 17
},
{
"act_id": 367,
"details": "14. It shall be a fundamental responsibility of the State to emancipate the toiling masses the peasants and workers and backward sections of the people from all forms of exploitation.",
"name": "Emancipation of peasants and workers",
"related_acts": "",
"section_id": 18
},
{
"act_id": 367,
"details": "15. It shall be a fundamental responsibility of the State to attain, through planned economic growth, a constant increase of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizens – (a) \tthe provision of the basic necessities of life, including food, clothing, shelter, education and medical care; (b) \tthe right to work, that is the right to guaranteed employment at a reasonable wage having regard to the quantity and quality of work; (c) \tthe right to reasonable rest, recreation and leisure; and (d) \tthe right to social security, that is to say, to public assistance in cases of undeserved want arising from unemployment, illness or disablement, or suffered by widows or orphans or in old age, or in other such cases.",
"name": "Provision of basic necessities",
"related_acts": "",
"section_id": 19
},
{
"act_id": 367,
"details": "16. The State shall adopt effective measures to bring about a radical transformation in the rural areas through the promotion of an agricultural revolution, the provision of rural electrification, the development of cottage and other industries, and the improvement of education, communications and public health, in those areas, so as progressively to remove the disparity in the standards of living between the urban and the rural areas.",
"name": "Rural development and agricultural revolution",
"related_acts": "",
"section_id": 20
},
{
"act_id": 367,
"details": "17. The State shall adopt effective measures for the purpose of – (a) \testablishing a uniform, mass oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law; (b) relating education to the needs of society and producing properly trained and motivated citizens to serve those needs; (c) \tremoving illiteracy within such time as may be determined by law.",
"name": "Free and compulsory education",
"related_acts": "",
"section_id": 21
},
{
"act_id": 367,
"details": "18. (1) The State shall regard the raising of the level of nutrition and the improvement of public health as among its primary duties, and in particular shall adopt effective measures to prevent the consumption, except for medical purposes or for such other purposes as may be prescribed by law, of alcoholic and other intoxicating drinks and of drugs which are injurious to health. (2) The State shall adopt effective measures to prevent prostitution and gambling.",
"name": "Public health and morality",
"related_acts": "",
"section_id": 22
},
{
"act_id": 367,
"details": "1718A. The State shall endeavour to protect and improve the environment and to preserve and safeguard the natural resources, bio-diversity, wetlands, forests and wild life for the present and future citizens.",
"name": "Protection and improvement of environment and biodiversity",
"related_acts": "",
"section_id": 23
},
{
"act_id": 367,
"details": "19. (1) The State shall endeavour to ensure equality of opportunity to all citizens. (2) The State shall adopt effective measures to remove social and economic inequality between man and man and to ensure the equitable distribution of wealth among citizens, and of opportunities in order to attain a uniform level of economic development throughout the Republic. 18(3)The State Shall endeavour to ensure equality of opportunity and participation of women in all spheres of national life.",
"name": "Equality of opportunity",
"related_acts": "",
"section_id": 24
},
{
"act_id": 367,
"details": "20. (1) Work is a right, a duty and a matter of honour for every citizen who is capable of working, and everyone shall be paid for his work on the basis of the principle “from each according to his abilities, to each according to his work”. (2) The State shall endeavour to create conditions in which, as a general principle, persons shall not be able to enjoy unearned incomes, and in which human labour in every form, intellectual and physical, shall become a fuller expression of creative endeavour and of the human personality.",
"name": "Work as a right and duty",
"related_acts": "",
"section_id": 25
},
{
"act_id": 367,
"details": "21. (1) It is the duty of every citizen to observe the Constitution and the laws, to maintain discipline, to perform public duties and to protect public property. (2) Every person in the service of the Republic has a duty to strive at all times to serve the people.",
"name": "Duties of citizens and of public servants",
"related_acts": "",
"section_id": 26
},
{
"act_id": 367,
"details": "22. The State shall ensure the separation of the judiciary from the executive organs of the State.",
"name": "Separation of Judiciary from the executive",
"related_acts": "",
"section_id": 27
},
{
"act_id": 367,
"details": "23. The State shall adopt measures to conserve the cultural traditions and heritage of the people, and so to foster and improve the national language, literature and the arts that all sections of the people are afforded the opportunity to contribute towards and to participate in the enrichment of the national culture.",
"name": "National culture",
"related_acts": "",
"section_id": 28
},
{
"act_id": 367,
"details": "1923A. The State shall take steps to protect and develop the unique local culture and tradition of the tribes, minor races, ethnic sects and communities.",
"name": "The culture of tribes, minor races, ethnic sects and communities",
"related_acts": "",
"section_id": 29
},
{
"act_id": 367,
"details": "24. The State shall adopt measures for the protection against disfigurement, damage or removal of all monuments, objects or places of special artistic or historic importance or interest.",
"name": "National monuments, etc.",
"related_acts": "",
"section_id": 30
},
{
"act_id": 367,
"details": "25. 20*** The State shall base its international relations on the principles of respect for national sovereignty and equality, non interference in the internal affairs of other countries, peaceful settlement of international disputes, and respect for international law and the principles enunciated in the United Nations Charter, and on the basis of those principles shall – (a) \tstrive for the renunciation of the use of force in international relations and for general and complete disarmament; (b) uphold the right of every people freely to determine and build up its own social, economic and political system by ways and means of its own free choice; and (c) support oppressed peoples throughout the world waging a just struggle against imperialism, colonialism or racialism. 21***",
"name": "Promotion of international peace, security and solidarity",
"related_acts": "",
"section_id": 31
},
{
"act_id": 367,
"details": "26. (1) All existing law inconsistent with the provisions of this Part shall, to the extent of such inconsistency, become void on the commencement of this Constitution. (2) The State shall not make any law inconsistent with any provisions of this Part, and any law so made shall, to the extent of such inconsistency, be void. 22(3) Nothing in this article shall apply to any amendment of this Constitution made under article 142.",
"name": "Laws inconsistent with fundamental rights to be void",
"related_acts": "",
"section_id": 32
},
{
"act_id": 367,
"details": "27. All citizens are equal before law and are entitled to equal protection of law.",
"name": "Equality before law",
"related_acts": "",
"section_id": 33
},
{
"act_id": 367,
"details": "28. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. (2) Women shall have equal rights with men in all spheres of the State and of public life. (3) No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution. (4) Nothing in this article shall prevent the State from making special provision in favour of women or children or for the advancement of any backward section of citizens.",
"name": "Discrimination on grounds of religion, etc.",
"related_acts": "",
"section_id": 34
},
{
"act_id": 367,
"details": "29. (1) There shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic. (2) No citizen shall, on grounds only of religion, race, caste, sex or place of birth, be ineligible for, or discriminated against in respect of, any employment or office in the service of the Republic. (3) Nothing in this article shall prevent the State from – (a) \tmaking special provision in favour of any backward section of citizens for the purpose of securing their adequate representation in the service of the Republic; (b) \tgiving effect to any law which makes provision for reserving appointments relating to any religious or denominational institution to persons of that religion or denomination; (c) \treserving for members of one sex any class of employment or office on the ground that it is considered by its nature to be unsuited to members of the opposite sex.",
"name": "Equality of opportunity in public employment",
"related_acts": "",
"section_id": 35
},
{
"act_id": 367,
"details": "2330. No citizen shall, without the prior approval of the President, accept any title, honour, award or decoration from any foreign state.",
"name": "Prohibition of foreign titles, etc.",
"related_acts": "",
"section_id": 36
},
{
"act_id": 367,
"details": "31. To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.",
"name": "Right to protection of law",
"related_acts": "",
"section_id": 37
},
{
"act_id": 367,
"details": "32. No person shall be deprived of life or personal liberty save in accordance with law.",
"name": "Protection of right to life and personal liberty",
"related_acts": "",
"section_id": 38
},
{
"act_id": 367,
"details": "2433. (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the Court of the magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate. (3) Nothing in clauses (1) and (2) shall apply to any person– (a) who for the time being is an enemy alien; or (b) \twho is arrested or detained under any law providing for preventive detention. (4) No law providing for preventive detention shall authorise the detention of a person for a period exceeding six months unless an Advisory Board consisting of three persons, 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. (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order: Provided that the authority making any such order may refuse to disclose facts which such authority considers to be against the public interest to disclose. (6) Parliament may by law prescribe the procedure to be followed by an Advisory Board in an inquiry under clause (4).",
"name": "Safeguards as to arrest and detention",
"related_acts": "",
"section_id": 39
},
{
"act_id": 367,
"details": "34. (1) All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall apply to compulsory labour– (a) \tby persons undergoing lawful punishment for a criminal offence; or (b) \trequired by any law for public purposes.",
"name": "Prohibition of forced labour",
"related_acts": "",
"section_id": 40
},
{
"act_id": 367,
"details": "35. (1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than, or different from, that which might have been inflicted under the law in force at the time of the commission of the offence. (2) No person shall be prosecuted and punished for the same offence more than once. (3) Every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial Court or tribunal established by law. (4) No person accused of any offence shall be compelled to be a witness against himself. (5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. (6) Nothing in clause (3) or clause (5) shall affect the operation of any existing law which prescribes any punishment or procedure for trial.",
"name": "Protection in respect of trial and punishment",
"related_acts": "",
"section_id": 41
},
{
"act_id": 367,
"details": "36. Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to move freely throughout Bangladesh, to reside and settle in any place therein and to leave and re-enter Bangladesh.",
"name": "Freedom of movement",
"related_acts": "",
"section_id": 42
},
{
"act_id": 367,
"details": "37. Every citizen shall have the right to assemble and to participate in public meetings and processions peacefully and without arms, subject to any reasonable restrictions imposed by law in the interests of public order or public health.",
"name": "Freedom of assembly",
"related_acts": "",
"section_id": 43
},
{
"act_id": 367,
"details": "2538. Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order : Provided that no person shall have the right to form, or be a member of the said association or union, if- (a)\tit is formed for the purposes of destroying the religious, social and communal harmony among the citizens ; (b)\tit is formed for the purposes of creating discrimination among the citizens, on the ground of religion, race, caste, sex, place of birth or language ; (c)\tit is formed for the purposes of organizing terrorist acts or militant activities against the State or the citizens or any other country ; (d)\tits formation and objects are inconsistent with the Constitution.",
"name": "Freedom of association",
"related_acts": "",
"section_id": 44
},
{
"act_id": 367,
"details": "39. (1) Freedom of thought and conscience is guaranteed. (2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence– (a) \tthe right of every citizen to freedom of speech and expression; and (b) \tfreedom of the press, are guaranteed.",
"name": "Freedom of thought and conscience, and of speech",
"related_acts": "",
"section_id": 45
},
{
"act_id": 367,
"details": "40. Subject to any restrictions imposed by law, every citizen possessing such qualifications, if any, as may be prescribed by law in relation to his profession, occupation, trade or business shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business.",
"name": "Freedom of profession or occupation",
"related_acts": "",
"section_id": 46
},
{
"act_id": 367,
"details": "41. (1) Subject to law, public order and morality – (a) \tevery citizen has the right to profess, practise or propagate any religion; (b) every religious community or denomination has the right to establish, maintain and manage its religious institutions. (2) No person attending any educational institution shall be required to receive religious instruction, or to take part in or to attend any religious ceremony or worship, if that instruction, ceremony or worship relates to a religion other than his own.",
"name": "Freedom of religion",
"related_acts": "",
"section_id": 47
},
{
"act_id": 367,
"details": "42. (1) Subject to any restrictions imposed by law, every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired, nationalised or requisitioned save by authority of law. 26(2) A law made under clause (1) of this article shall provide for the acquisition, nationalisation or requisition with compensation and shall fix the amount of compensation or specify the principles on which, and the manner in which, the compensation is to be assessed and paid ; but no such law shall be called in question in any court on the ground that any provision of the law in respect of such compensation is not adequate.",
"name": "Rights to property",
"related_acts": "",
"section_id": 48
},
{
"act_id": 367,
"details": "43. Every citizen shall have the right, subject to any reasonable restrictions imposed by law in the interests of the security of the State, public order, public morality or public health – (a) to be secured in his home against entry, search and seizure; and (b) to the privacy of his correspondence and other means of communication.",
"name": "Protection of home and correspondence",
"related_acts": "",
"section_id": 49
},
{
"act_id": 367,
"details": "2744. (1) The right to move the High Court Division in accordance with clause (1) of article 102, for the enforcement of the rights conferred by this Part is guaranteed. (2) Without prejudice to the powers of the High Court Division under article 102, Parliament may by law empower any other court, within the local limits of its jurisdiction, to exercise all or any of those powers.",
"name": "Enforcement of fundamental rights",
"related_acts": "",
"section_id": 50
},
{
"act_id": 367,
"details": "45. Nothing in this Part shall apply to any provision of a disciplinary law relating to members of a disciplined force, being a provision limited to the purpose of ensuring the proper discharge of their duties or the maintenance of discipline in that force.",
"name": "Modification of rights in respect of disciplinary law",
"related_acts": "",
"section_id": 51
},
{
"act_id": 367,
"details": "46. Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law make provision for indemnifying any person in the service of the Republic or any other person in respect of any act done by him in connection with the national liberation struggle or the maintenance or restoration of order in any area in Bangladesh or validate any sentence passed, punishment inflicted, forfeiture ordered, or other act done in any such area.",
"name": "Power to provide indemnity",
"related_acts": "",
"section_id": 52
},
{
"act_id": 367,
"details": "47. (1) No law providing for any of the following matters shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges, any of the rights guaranteed by this Part – (a) the compulsory acquisition, nationalisation or requisition of any property, or the control or management thereof whether temporarily or permanently; (b) \tthe compulsory amalgamation of bodies carrying on commercial or other undertakings; (c) \tthe extinction, modification, restriction or regulation of rights of directors, managers, agents and officers of any such bodies, or of the voting rights of persons owning shares or stock (in whatever form) therein; (d) the extinction, modification, restriction or regulation of rights to search for or win minerals or mineral oil; (e) \tthe carrying on by the Government or by a corporation owned, controlled or managed by the Government, of any trade, business, industry or service to the exclusion, complete or partial, of other persons ; or (f) the extinction, modification, restriction or regulation of any right to property, any right in respect of profession, occupation, trade or business or the rights of employers or employees in any statutory public authority or in any commercial or industrial undertaking ; if Parliament in such law (including, in the case of existing law, by amendment) expressly declares that such provision is made to give effect to any of the fundamental principles of state policy set out in Part II of this Constitution. (2) Notwithstanding anything contained in this Constitution the laws specified in the First Schedule (including any amendment of any such law) shall continue to have full force and effect, and no provision of any such law, nor anything done or omitted to be done under the authority of such law, shall be deemed void or unlawful on the ground of inconsistency with, or repugnance to, any provision of this Constitution: 28Provided that nothing in this article shall prevent amendment, modification or repeal of any such law. 29(3) Notwithstanding anything contained in this Constitution, no law nor any provision thereof providing for detention, prosecution or punishment of any person, who is a member of any armed or defence or auxiliary forces 30or any individual, group of individuals or organisation or who is a prisoner of war, for genocide, crimes against humanity or war crimes and other crimes under international law shall be deemed void or unlawful, or ever to have become void or unlawful, on the ground that such law or provision of any such law is inconsistent with, or repugnant to, any of the provisions of this Constitution.",
"name": "Saving for certain laws",
"related_acts": "",
"section_id": 53
},
{
"act_id": 367,
"details": "3147A. (1) The rights guaranteed under article 31, clauses (1) and (3) of article 35 and article 44 shall not apply to any person to whom a law specified in clause (3) of article 47 applies. (2) Notwithstanding anything contained in this Constitution, no person to whom a law specified in clause (3) of article 47 applies shall have the right to move the Supreme Court for any of the remedies under this Constitution.",
"name": "Inapplicability of certain articles",
"related_acts": "",
"section_id": 54
},
{
"act_id": 367,
"details": "48. (1) There shall be a President of Bangladesh who shall be elected by members of Parliament in accordance with law. (2) The President shall, as Head of State, take precedence over all other persons in the State, and shall exercise the powers and perform the duties conferred and imposed on him by this Constitution and by any other law. (3) In the exercise of all his functions, save only that of appointing the Prime Minister pursuant to clause (3) of article 56 and the Chief Justice pursuant to clause (1) of article 95, the President shall act in accordance with the advice of the Prime Minister: Provided that the question whether any, and if so what, advice has been tendered by the Prime Minister to the President shall not be enquired into in any court. (4) A person shall not be qualified for election as President if he – (a) is less than thirty five years of age; or (b) is not qualified for election as a member of Parliament; or (c) \thas been removed from the office of President by impeachment under this Constitution. (5) The Prime Minister shall keep the President informed on matters of domestic and foreign policy, and submit for the consideration of the Cabinet any matter which the President may request him to refer to it.",
"name": "The President",
"related_acts": "",
"section_id": 55
},
{
"act_id": 367,
"details": "49. The President shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.",
"name": "Prerogative of mercy",
"related_acts": "",
"section_id": 56
},
{
"act_id": 367,
"details": "50. (1) Subject to the provisions of this Constitution, the President shall hold office for a term of five years form the date on which he enters upon his office: Provided that notwithstanding the expiration of his term the President shall continue to hold office until his successor enters upon office. (2) No person shall hold office as President for more than two terms, whether or not the terms are consecutive. (3) The President may resign his office by writing under his hand addressed to the Speaker. (4) The President during his term of office shall not be qualified for election as a member of Parliament, and if a member of Parliament is elected as President he shall vacate his seat in Parliament on the day on which he enters upon his office as President.",
"name": "Term of office of President",
"related_acts": "",
"section_id": 57
},
{
"act_id": 367,
"details": "51. (1) Without prejudice to the provisions of article 52, the President shall not be answerable in any court for anything done or omitted by him in the exercise or purported exercise of the functions of his office, but this clause shall not prejudice the right of any person to take proceedings against the Government. (2) During his term of office no criminal proceedings whatsoever shall be instituted or continued against the President in, and no process for his arrest or imprisonment shall issue from, any court.",
"name": "President's immunity",
"related_acts": "",
"section_id": 58
},
{
"act_id": 367,
"details": "52. (1) The President may be impeached on a charge of violating this Constitution or of grave misconduct, preferred by a notice of motion signed by a majority of the total number of members of Parliament and delivered to the Speaker, setting out the particulars of the charge, and the motion shall not be debated earlier than fourteen nor later than thirty days after the notice is so delivered; and the Speaker shall forthwith summon Parliament if it is not in session. (2) The conduct of the President may be referred by Parliament to any court, tribunal or body appointed or designated by Parliament for the investigation of charge under this article. (3) The President shall have the right to appear and to be represented during the consideration of the charge. (4) If after the consideration of the charge a resolution is passed by Parliament by the votes of not less than two thirds of the total number of members declaring that the charge has been substantiated, the President shall vacate his office on the date on which the resolution is passed. (5) Where the Speaker is exercising the functions of the President under article 54 the provisions of this article shall apply subject to the modifications that the reference to the Speaker in clause (1) shall be construed as a reference to the Deputy Speaker, and that the reference in clause (4) to the vacation by the President of his office shall be construed as a reference to the vacation by the Speaker of his office as Speaker; and on the passing of a resolution such as is referred to in clause (4) the Speaker shall cease to exercise the functions of President.",
"name": "Impeachment of the President",
"related_acts": "",
"section_id": 59
},
{
"act_id": 367,
"details": "53. (1) The President may be removed from office on the ground of physical or mental incapacity on a motion of which notice, signed by a majority of the total number of members of Parliament, is delivered to the Speaker, setting out particulars of the alleged incapacity. (2) On receipt of the notice the Speaker shall forthwith summon Parliament if it is not in session and shall call for a resolution constituting a medical board (hereinafter in this article called “the Board”), and upon the necessary motion being made and carried shall forthwith cause a copy of the notice to be transmitted to the President together with a request signed by the Speaker that the President submit himself within a period of ten days from the date of the request to an examination by the Board. (3) The motion for removal shall not be put to the vote earlier than fourteen nor later than thirty days after notice of the motion is delivered to the Speaker, and if it is again necessary to summon Parliament in order to enable the motion to be made within that period, the Speaker shall summon Parliament. (4) The President shall have the right to appear and to be represented during the consideration of the motion. (5) If the President has not submitted himself to an examination by the Board before the motion is made in Parliament, the motion may be put to the vote, and if it is passed by the votes of not less than two thirds of the total number of members of Parliament, the President shall vacate his office on the date on which the motion is passed. (6) If before the motion for removal is made in Parliament, the President has submitted himself to an examination by the Board, the motion shall not be put to the vote until the Board has been given an opportunity of reporting its opinion to Parliament. (7) If after consideration by Parliament of the motion and of the report of the Board (which shall be submitted within seven days of the examination held pursuant to clause (2) and if not so submitted shall be dispensed with) the motion is passed by the votes of not less than two thirds of the total number of members of Parliament, the President shall vacate his office on the date on which the resolution is passed.",
"name": "Removal of President on ground of incapacity",
"related_acts": "",
"section_id": 60
},
{
"act_id": 367,
"details": "54. If a vacancy occurs in the office of President or if the President is unable to discharge the functions of his office on account of absence, illness or any other cause the Speaker shall discharge those functions until a President is elected or until the President resumes the functions of his office, as the case may be.",
"name": "Speaker to act as President during absence, etc.",
"related_acts": "",
"section_id": 61
},
{
"act_id": 367,
"details": "55. (1) There shall be a Cabinet for Bangladesh having the Prime Minister at its head and comprising also such other Ministers as the Prime Minister may from time to time designate. (2) The executive power of the Republic shall, in accordance with this Constitution, be exercised by or on the authority of the Prime Minister. (3) The Cabinet shall be collectively responsible to Parliament. (4) All executive actions of the Government shall be expressed to be taken in the name of the President. (5) The President shall by rules specify the manner in which orders and other instruments made in his name shall be attested or authenticated, and the validity of any order or instrument so attested or authenticated shall not be questioned in any court on the ground that it was not duly made or executed. (6) The President shall make rules for the allocation and transaction of the business of the Government.",
"name": "The Cabinet",
"related_acts": "",
"section_id": 62
},
{
"act_id": 367,
"details": "56. (1) There shall be a Prime Minister, and such other Ministers, Ministers of State and Deputy Ministers as may be determined by the Prime Minister. (2) The appointments of the Prime Minister and other Ministers and of the Ministers of State and Deputy Ministers, shall be made by the President: Provided that not less than nine tenths of their number shall be appointed from among members of Parliament and not more than one tenth of their number may be chosen from among persons qualified for election as members of Parliament. (3) The President shall appoint as Prime Minister the member of Parliament who appears to him to command the support of the majority of the members of Parliament. (4) If occasion arises for making any appointment under clause (2) or clause (3) between a dissolution of Parliament and the next following general election of members of Parliament, the persons who were such members immediately before the dissolution shall be regarded for the purpose of this clause as continuing to be such members.",
"name": "Ministers",
"related_acts": "",
"section_id": 63
},
{
"act_id": 367,
"details": "57. (1) The office of the Prime Minister shall become vacant– (a) \tif he resigns from office at any time by placing his resignation in the hands of the President; or (b) if he ceases to be a member of Parliament. (2) If the Prime Minister ceases to retain the support of a majority of the members of Parliament, he shall either resign his office or advise the President in writing to dissolve Parliament, and if he so advises the President shall, if he is satisfied that no other member of Parliament commands the support of the majority of the members of Parliament, dissolve Parliament accordingly. (3) Nothing in this article shall disqualify Prime Minister for holding office until his successor has entered upon office.",
"name": "Tenure of office of Prime Minister",
"related_acts": "",
"section_id": 64
},
{
"act_id": 367,
"details": "33***",
"name": "OMITTED",
"related_acts": "",
"section_id": 65
},
{
"act_id": 367,
"details": "58. (1) The office of a Minister other than the Prime Minister shall become vacant – (a) if he resigns from office by placing his resignation in the hands of the Prime Minister for submission to the President; (b) if he ceases to be a member of Parliament, but this shall not be applicable to a Minister chosen under the proviso to article 56(2); (c) \tif the President, pursuant to the provisions of clause (2), so directs; or (d) as provided in clause (4). (2) The Prime Minister may at any time request a Minister to resign, and if such Minister fails to comply with the request, may advise the President to terminate the appointment of such Minister. (3) Nothing in sub clauses (a), (b) and (d) of clause (1) shall disqualify a Minister for holding office during any period in which Parliament stands dissolved. (4) If the Prime Minister resigns from or ceases to hold office each of the other Ministers shall be deemed also to have resigned from office but shall, subject to the provisions of this Chapter, continue to hold office until his successor has entered upon office. (5) In this article “Minister” includes Minister of State and Deputy Minister.",
"name": "Tenure of office of other Ministers",
"related_acts": "",
"section_id": 66
},
{
"act_id": 367,
"details": "Omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 21.",
"name": "OMITTED",
"related_acts": "",
"section_id": 67
},
{
"act_id": 367,
"details": "59. (1) Local government in every administrative unit of the Republic shall be entrusted to bodies, composed of persons elected in accordance with law. (2) Everybody such as is referred to in clause (1) shall, subject to this Constitution and any other law, perform within the appropriate administrative unit such functions as shall be prescribed by Act of Parliament, which may include functions relating to – (a) administration and the work of public officers; (b) the maintenance of public order; (c) \tthe preparation and implementation of plans relating to public services and economic development.",
"name": "Local government",
"related_acts": "",
"section_id": 68
},
{
"act_id": 367,
"details": "60. For the purpose of giving full effect to the provisions of article 59 Parliament shall, by law, confer powers on the local government bodies referred to in that article, including power to impose taxes for local purposes, to prepare their budgets and to maintain funds.",
"name": "Powers of local government bodies",
"related_acts": "",
"section_id": 69
},
{
"act_id": 367,
"details": "3461. The supreme command of the defence services of Bangladesh shall vest in the President and the exercise thereof shall be regulated by law.",
"name": "Supreme command",
"related_acts": "",
"section_id": 70
},
{
"act_id": 367,
"details": "62. (1) Parliament shall by law provide for regulating – (a) \tthe raising and maintaining of the defence services of Bangladesh and of their reserves; (b) \tthe grant of commissions therein; (c) \tthe appointment of chiefs of staff of the defence services, and their salaries and allowances ; and (d) \tthe discipline and other matters relating to those services and reserves. (2) Until Parliament by law provides for the matters specified in clause (1) the President may, by order, provide for such of them as are not already subject to existing law.",
"name": "Recruitment, etc., of defence services",
"related_acts": "",
"section_id": 71
},
{
"act_id": 367,
"details": "63. (1) War shall not be declared and the Republic shall not participate in any war except with the assent of Parliament. 35*\t* *",
"name": "War",
"related_acts": "",
"section_id": 72
},
{
"act_id": 367,
"details": "64. (1) The President shall appoint a person who is qualified to be appointed as a Judge of the Supreme Court to be Attorney-General for Bangladesh. (2) The Attorney-General shall perform such duties as may be assigned to him by the President. (3) In the performance of his duties, the Attorney-General shall have the right of audience in all courts of Bangladesh. (4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.",
"name": "The Attorney-General",
"related_acts": "",
"section_id": 73
},
{
"act_id": 367,
"details": "65. (1) There shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which, subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic: Provided that nothing in this clause shall prevent Parliament from delegating to any person or authority, by Act of Parliament, power to make orders, rules, regulations, bye laws or other instruments having legislative effect. (2) Parliament shall consist of three hundred members to be elected in accordance with law from single territorial constituencies by direct election and, for so long as clause (3) is effective, the members provided for in that clause; the members shall be designated as Members of Parliament. 36(3) Until the dissolution of Parliament occurring next after the expiration of the period of twenty five years beginning from the date of the first meeting of the Parliament next after the Parliament in existence at the time of the commencement of the Constitution (Seventeenth Amendment) Act, 2018, there shall be reserved fifty seats exclusively for women members and they will be elected by the aforesaid members in accordance with law on the basis of procedure of proportional representation in the Parliament through single transferable vote : Provided that nothing in this clause shall be deemed to prevent a woman from being elected to any of the seats provided for in clause (2) of this article. 37(3A) For the remaining period of the Parliament in existence at the time of the commencement of the Constitution (Fifteenth Amendment) Act, 2011, Parliament shall consist of three hundred members elected by direct election provided for in clause (2) and fifty women members provided for in clause (3). (4) The seat of Parliament shall be in the capital.",
"name": "Establishment of Parliament",
"related_acts": "",
"section_id": 74
},
{
"act_id": 367,
"details": "66. (1) A person shall subject to the provisions of clause (2), be qualified to be elected as, and to be, a member of Parliament if he is a citizen of Bangladesh and has attained the age of twenty-five years. (2) A person shall be disqualified for election as, or for being, a member of Parliament who – (a) is declared by a competent court to be of unsound mind; (b) is an undischarged insolvent; (c) \tacquires the citizenship of, or affirms or acknowledges allegiance to, a foreign state; (d) \thas been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; 38* * * 39(e)\thas been convicted of any offence under the Bangladesh Collaborators (Special Tribunals) Order, 1972 ; (f)\tholds any office of profit in the service of the Republic other than an office which is declared by law not to be disqualified its holder ; or (g) \tis disqualified for such election by or under any law. 40(2A)\tNotwithstanding anything contained in sub-clause (c) of clause (2) of this article, if any person being a citizen of Bangladesh by birth acquires the citizenship of a foreign State and thereafter such person- \t(i)\tin the case of dual citizenship, gives up the foreign citizenship ; or (ii)\tin other cases, again accepts the citizenship of Bangladesh-\t for the purposes of this article, he shall not be deemed to acquire the citizenship of a foreign State. 41(3) For the purposes of this article, a person shall not be deemed to hold an office of profit in the service of the Republic by reason only that he is the President, the Prime Minister, the Speaker, the Deputy Speaker, a Minister, Minister of State or Deputy Minister. (4) If any dispute arises as to whether a member of Parliament has, after his election, become subject to any of the disqualifications mentioned in clause (2) or as to whether a member of Parliament should vacate his seat pursuant to article 70, the dispute shall be referred to the Election Commission to hear and determine it and the decision of the Commission on such reference shall be final. (5) Parliament may, by law, make such provision as it deems necessary for empowering the Election Commission to give full effect to the provisions of clause (4).",
"name": "Qualifications and disqualifications for election to Parliament",
"related_acts": "1310",
"section_id": 75
},
{
"act_id": 367,
"details": "67. (1) A member of Parliament shall vacate his seat – (a) \tif fails, within the period of ninety days from the date of the first meeting of Parliament after his election, to make and subscribe 42* * * the oath or affirmation prescribed for a member of Parliament in the Third Schedule: Provided that the Speaker may, before the expiration of that period, for good cause extend it; (b) \tif he is absent from Parliament, without the leave of Parliament, for ninety consecutive sitting days; (c) \tupon a dissolution of Parliament; (d) \tif he has incurred a disqualification under clause (2) of article 66; or (e) \tin the circumstances specified in article 70. (2) A member of Parliament may resign his seat by writing under his hand addressed to the Speaker, and the seat shall become vacant when the writing is received by the Speaker or, if the office of Speaker is vacant or the Speaker is for any reason unable to perform his functions, by the Deputy Speaker.",
"name": "Vacation of seats of members",
"related_acts": "",
"section_id": 76
},
{
"act_id": 367,
"details": "68. Members of Parliament shall be entitled to such 43remuneration, allowances and privileges as may be determined by Act of Parliament or, until so determined, by order made by the President.",
"name": "Remuneration, etc., of members of Parliament",
"related_acts": "",
"section_id": 77
},
{
"act_id": 367,
"details": "69. If a person sits or votes as a member of Parliament before he makes or subscribes the oath or affirmation in accordance with this Constitution, or when he knows that he is not qualified or is disqualified for membership thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of one thousand taka to be recovered as a debt due to the Republic.",
"name": "Penalty for member sitting or voting before taking oath",
"related_acts": "",
"section_id": 78
},
{
"act_id": 367,
"details": "4470. A person elected as a member of Parliament at an election at which he was nominated as a candidate by a political party shall vacate his seat if he – (a)\tresigns from that party ; or (b) \tvotes in Parliament against that party ; but shall not thereby be disqualified for subsequent election as a member of Parliament.",
"name": "Vacation of seat on resignation or voting against political party",
"related_acts": "",
"section_id": 79
},
{
"act_id": 367,
"details": "71. (1) No person shall at the same time be a member of Parliament in respect of two or more constituencies. (2) Nothing in clause (1) shall prevent a person from being at the same time a candidate for two or more constituencies, but in the event of his being elected for more than one – (a) \twithin thirty days after his last election the person elected shall deliver to the Chief Election Commissioner a signed declaration specifying the constituency which he wishes to represent, and the seats of the other constituencies for which he was elected shall thereupon fall vacant; (b) \tif the person elected fails to comply with sub clause (a) all the seats for which he was elected shall fall vacant; and (c) \tthe person elected shall not make or subscribe the oath or affirmation of a member of Parliament until the foregoing provisions of this clause, so far as applicable, have been complied with.",
"name": "Bar against double membership",
"related_acts": "",
"section_id": 80
},
{
"act_id": 367,
"details": "72. (1) Parliament shall be summoned, prorogued and dissolved by the President by public notification, and when summoning Parliament the President shall specify the time and place of the first meeting: 45Provided that 46except the period of ninety days as mentioned in sub-clause (a) of clause (3) of article 123 for remaining term a period exceeding sixty days shall not intervene between the end of one session and the first sitting of Parliament in the next session: Provided further that in the exercise of his functions under this clause, the President shall act in accordance with the advice of the Prime Minister tendered to him in writing. (2) Notwithstanding the provisions of clause (1) Parliament shall be summoned to meet within thirty days after the declaration of the results of polling at any general election of members of Parliament. (3) Unless sooner dissolved by the President, Parliament shall stand dissolved on the expiration of the period of five years from the date of its first meeting: Provided that at any time when the Republic is engaged in war the period may be extended by Act of Parliament by not more than one year at a time but shall not be so extended beyond six months after the termination of the war. (4) If after a dissolution and before the holding of the next general election of members of Parliament the President is satisfied that owing to the existence of a state of war in which the Republic is engaged it is necessary to recall Parliament, the President shall summon the Parliament that has been dissolved to meet. 47*\t* * (5) Subject to the provisions of clause (1) the sittings of Parliament shall be held at such times and places as Parliament may, by its rules of procedure or otherwise determine.",
"name": "Sessions of Parliament",
"related_acts": "",
"section_id": 81
},
{
"act_id": 367,
"details": "73. (1) The President may address Parliament and may send messages thereto. (2) At the commencement of the first session after a general election of members of Parliament and at the commencement of the first session of each year the President shall address Parliament. (3) Parliament shall, after the presentation of an address by the President, or the receipt of a message from him, discuss the matter referred to in such address or message.",
"name": "President’s address and messages to Parliament",
"related_acts": "",
"section_id": 82
},
{
"act_id": 367,
"details": "4873A. (1) Every Minister shall have the right to speak in, and otherwise to take part in the proceedings of, Parliament, but shall not be entitled to vote 49or to speak on any matter not related to his Ministry unless he is a member of Parliament also. (2) In this article, “Minister” includes a Prime Minister, 50*\t* *, Minister of State and Deputy Minister.",
"name": "Rights of Ministers as respects Parliament",
"related_acts": "",
"section_id": 83
},
{
"act_id": 367,
"details": "74. (1) Parliament shall at the first sitting after any general election elect from among its members a Speaker and a Deputy Speaker, and if either office becomes vacant shall within seven days or, if Parliament is not then sitting, at its first meeting thereafter, elect one of its members to fill the vacancy. (2) The Speaker or Deputy Speaker shall vacate his office – (a)\t if he ceases to be a member of Parliament; (b) \tit he becomes a Minister; (c) \tif Parliament passes a resolution (after not less than fourteen days' notice has been given of the intention to move the resolution) supported by the votes of a majority of all the members thereof, requiring his removal from office; (d) \tit he resigns his office by writing under his hand delivered to the President; (e) \tif after a general election another member enters upon that office; or (f) \tin the case of the Deputy Speaker, if he enters upon the office of Speaker. (3) While the office of the Speaker is vacant or the Speaker is 51acting as President, or if it is determined by Parliament that the Speaker is otherwise unable to perform the functions of his office, those functions shall be performed by the Deputy Speaker or, if the office of the Deputy Speaker is vacant, by such member of Parliament as may be determined by or under the rules of procedure of Parliament; and during the absence of the Speaker from any sitting of Parliament the Deputy Speaker or, if he also is absent, such person as may be determined by or under the rules of procedure, shall act as Speaker. (4) At any sitting of Parliament, while a resolution for the removal of the Speaker from his office is under consideration the Speaker (or while any resolution for the removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker) shall not preside, and the provisions of clause (3) shall apply in relation to every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the Deputy Speaker is absent. (5) The Speaker or the Deputy Speaker, as the case may be, shall have the right to speak in, and otherwise to take part in, the proceedings of Parliament while any resolution for his removal from office is under consideration in Parliament, and shall be entitled to vote but only as a member. (6) Notwithstanding the provisions of clause (2) the Speaker or, as the case may be, the Deputy Speaker, shall be deemed to continue to hold office until his successor has entered upon office.",
"name": "Speaker and Deputy Speaker",
"related_acts": "",
"section_id": 84
},
{
"act_id": 367,
"details": "75. (1) Subject to this Constitution – (a) \tthe procedure of Parliament shall be regulated by rules of procedure made by it, and until such rules are made shall be regulated by rules of procedure made by the President; (b) \ta decision in Parliament shall be taken by a majority of the votes of the members present and voting, but the person presiding shall not vote except when there is an equality of votes, in which case he shall exercise a casting vote; (c) \tno proceeding in Parliament shall be invalid by reason only that there is a vacancy in the membership thereof or that a person who was not entitled to do so was present at, or voted or otherwise participated in, the proceeding. (2) If at any time during which Parliament is in session the attention of the person presiding is drawn to the fact that the number of members present is less than sixty, he shall either suspend the meeting until at least sixty members are present, or adjourn it.",
"name": "Rules of procedure, quorum, etc.",
"related_acts": "",
"section_id": 85
},
{
"act_id": 367,
"details": "76. (1) 52* * *\tParliament shall appoint from among its members the following standing committees, that is to say – (a) \ta public accounts committee; (b) committee of privileges; and (c) \tsuch other standing committees as the rules of procedure of Parliament require. (2) In addition to the committees referred to in clause (1), Parliament shall appoint other standing committees, and a committee so appointed may, subject to this Constitution and to any other law - (a) \texamine draft Bills and other legislative proposals; (b) \treview the enforcement of laws and propose measures for such enforcement; (c) \tin relation to any matter referred to it by Parliament as a matter of public importance, investigate or inquire into the activities or administration of a Ministry and may require it to furnish, through an authorised representative, relevant information and to answer questions, orally or in writing; (d) \tperform any other function assigned to it by Parliament. (3) Parliament may by law confer on committees appointed under this article powers for – (a) \tenforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; (b) \tcompelling the production of documents.",
"name": "Standing committees of Parliament",
"related_acts": "",
"section_id": 86
},
{
"act_id": 367,
"details": "77. (1) Parliament may, by law, provide for the establishment of the office of Ombudsman. (2) The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate any action taken by a Ministry, a public officer or a statutory public authority. (3) The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament.",
"name": "Ombudsman",
"related_acts": "",
"section_id": 87
},
{
"act_id": 367,
"details": "78. (1) The validity of the proceedings in Parliament shall not be questioned in any court. (2) A member or officer of Parliament in whom powers are vested for the regulation of procedure, the conduct of business or the maintenance of order in Parliament, shall not in relation to the exercise by him of any such powers be subject to the jurisdiction of any court. (3) A member of Parliament shall not be liable to proceedings in any court in respect of anything said, or any vote given, by him in Parliament or in any committee thereof. (4) A person shall not be liable to proceedings in any court in respect of the publication by or under the authority of Parliament of any report, paper, vote or proceeding. (5) Subject to this article, the privileges of Parliament and of its committees and member may be determined by Act of Parliament.",
"name": "Privileges and immunities of Parliament and members",
"related_acts": "",
"section_id": 88
},
{
"act_id": 367,
"details": "79. (1) Parliament shall have its own secretariat. (2) Parliament may, by law, regulate the recruitment and conditions of service of persons appointed to the secretariat of Parliament. (3) Until provision is made by Parliament the President may, after consultation with the Speaker, make rules regulating the recruitment and condition of service of persons appointed to the secretariat of Parliament, and rules so made shall have effect subject to the provisions of any law.",
"name": "Secretariat of Parliament",
"related_acts": "",
"section_id": 89
},
{
"act_id": 367,
"details": "80. (1) Every proposal in Parliament for making a law shall be made in the form of a Bill. (2) When a Bill is passed by Parliament it shall be presented to the President for assent. 53(3) The President within fifteen days after a Bill is presented to him, shall assent to the Bill or, in the case of a Bill other than a Money Bill, may return it to Parliament with a message requesting that the Bill or any particular provisions thereof be reconsidered, and that any amendments specified by him in the message be considered ; and if he fails so to do he shall be deemed to have assented to the Bill at the expiration of that period. (4) If the President so returns the Bill Parliament shall consider it together with the President's message, and if the Bill is again passed by Parliament with or without amendments 54***, it shall be presented to the President for his assent, whereupon the President shall assent to the Bill within the period of seven days after it has been presented to him, and if he fails to do so he shall be deemed to have assented to the Bill on the expiration of that period. (5) When the President has assented or is deemed to have assented to a Bill passed by Parliament it shall become law and shall be called an Act of Parliament.",
"name": "Legislative procedure",
"related_acts": "",
"section_id": 90
},
{
"act_id": 367,
"details": "81. (1) In this Part “Money Bill” means a Bill containing only provisions dealing with all or any of the following matters – (a) \tthe imposition, regulation, alteration, remission or repeal of any tax; (b) \tthe borrowing of money or the giving of any guarantee by the Government, or the amendment of any law relating to the financial obligations of the Government; (c)\t the custody of the Consolidated Fund, the payment of money into, or the issue or appropriation of moneys from, that Fund; (d) \tthe imposition of a charge upon the Consolidated Fund or the alteration or abolition of any such charge; (e) \tthe receipt of moneys on account of the Consolidated Fund or the Public Account of the Republic, or the custody or issue of such moneys, or the audit of the accounts of the Government; (f) \tany subordinate matter incidental to any of the matters specified in the foregoing sub clauses. (2) A Bill shall not be deemed to be a Money Bill by reason only that it provides for the imposition or alteration of any fine or other pecuniary penalty, or for the levy or payment of a licence fee or a fee or charge for any service rendered, or by reason only that it provides for the imposition, regulation, alteration, remission or repeal of any tax by a local authority or body for local purposes. (3) Every Money Bill shall, when it is presented to the President for his assent, bear a certificate under the hand of the Speaker that it is a Money Bill, and such certificate shall be conclusive for all purposes and shall not be questioned in any court.",
"name": "Money Bills",
"related_acts": "",
"section_id": 91
},
{
"act_id": 367,
"details": "82. No Money Bill, or any Bill which involves expenditure from public moneys, shall be introduced into Parliament except on the recommendation of the President: Provided that 55in any Money Bill no recommendation shall be required under this article for the moving of an amendment making provision for the reduction or abolition of any tax.",
"name": "Recommendation for financial measures",
"related_acts": "",
"section_id": 92
},
{
"act_id": 367,
"details": "83. No tax shall be levied or collected except by or under the authority of an Act of Parliament.",
"name": "No taxation except by or under Act of Parliament",
"related_acts": "",
"section_id": 93
},
{
"act_id": 367,
"details": "84. (1) All revenues received by the Government, all loans raised by the Government, and all moneys received by it in repayment of any loan, shall form part of one fund to be known as the Consolidated Fund. (2) All other public moneys received by or on behalf of the Government shall be credited to the Public Account of the Republic.",
"name": "Consolidated Fund and the Public Account of the Republic",
"related_acts": "",
"section_id": 94
},
{
"act_id": 367,
"details": "85. The custody of public moneys, their payment into and the withdrawal from the Consolidated Fund or, as the case may be, the Public Account of the Republic, and matters connected with or ancillary to the matters aforesaid, shall be regulated by Act of Parliament, and until provision in that behalf is so made, by rules made by the President.",
"name": "Regulation of Public moneys",
"related_acts": "",
"section_id": 95
},
{
"act_id": 367,
"details": "86. All moneys received by or deposited with – (a) \tany person employed in the service of the Republic or in connection with the affairs of the Republic, other than revenues or moneys which by virtue of clause (1) of article 84 shall form part of the Consolidated Fund; or (b) \tany court to the credit of any cause, matter, account or persons, shall be paid into the Public Account of the Republic.",
"name": "Moneys payable to Public Account of Republic",
"related_acts": "",
"section_id": 96
},
{
"act_id": 367,
"details": "87. (1) There shall be laid before Parliament, in respect of each financial year, a statement of the estimated receipts and expenditure of the Government for that year, in this Part referred to as the annual financial statement. (2) The annual financial statement shall show separately – (a)\tthe sums required to meet expenditure charged by or under this Constitution upon the Consolidated Fund; and (b)\tthe sums required to meet other expenditure proposed to be made from the Consolidated Fund; and shall distinguish expenditure on revenue account from other expenditure.",
"name": "Annual financial statement",
"related_acts": "",
"section_id": 97
},
{
"act_id": 367,
"details": "88. The following expenditure shall be charged upon the Consolidated Fund – (a) \tthe remuneration payable to the President and other expenditure relating to his office; 56*\t*\t* (b)\t the remuneration payable to – (i)\tthe Speaker and Deputy Speaker; 57(ii)\tthe Judges of the Supreme Court ; (iii)\t the Comptroller and Auditor General; (iv)\tthe Election Commissioners; (v)\tthe members of the Public Service Commissions; 58(c) \tthe administrative expenses of, including remuneration payable to, officers and servants of Parliament, the Supreme Court, the Comptroller and Auditor General, the Election Commission and the Public Service Commissions. (d) \tall debt charges for which the Government is liable, including interest, sinking fund charges, the repayment or amortisation of capital, and other expenditure in connection with the raising of loans and the service and redemption of debt; (e) \tany sums required to satisfy a judgment, decree or award against the Republic by any court or tribunal; and (f) \tany other expenditure charged upon the Consolidated Fund by this Constitution or by Act of Parliament.",
"name": "Charges on Consolidated Fund",
"related_acts": "",
"section_id": 98
},
{
"act_id": 367,
"details": "89. (1) So much of the annual financial statement as relates to expenditure charged upon the Consolidated Fund may be discussed in, but shall not be submitted to the vote of, Parliament. (2) So much of the annual financial statement as relates to other expenditure shall be submitted to Parliament in the form of demands for grants, and Parliament shall have power to assent to or to refuse to assent to any demand, or to assent to it subject to a reduction of the amount specified therein. (3) No demand for a grant shall be made except on the recommendation of the President.",
"name": "Procedure relating to annual financial statement",
"related_acts": "",
"section_id": 99
},
{
"act_id": 367,
"details": "90. (1) As soon as may be after the grants under article 89 have been made by Parliament there shall be introduced in Parliament a Bill to provide for appropriation out of the Consolidated Fund of all moneys required to meet– (a) \tthe grants so made by Parliament; and (b) \tthe expenditure charged on the Consolidated Fund but not exceeding in any case the amount shown in the annual financial statement laid before Parliament. (2) No amendment shall be proposed in Parliament to any such Bill which has the effect of varying the amount of any grant so made or altering the purpose to which it is to be applied, or of varying the amount of any expenditure charged on the Consolidated Fund. (3) Subject to the provisions of this Constitution no money shall be withdrawn from the Consolidated Fund except under appropriation made by law passed in accordance with the provisions of this article.",
"name": "Appropriation Act",
"related_acts": "",
"section_id": 100
},
{
"act_id": 367,
"details": "91. If in respect of any financial year it is found – (a)\tthat the amount authorised to be expended for a particular service for the current financial year is insufficient or that a need has arisen for expenditure upon some new service not included in the annual financial statement for that year; or (b) \tthat any money has been spent on a service during a financial year in excess of the amount granted for that service for that year; the President shall have power to authorise expenditure from the Consolidated Fund whether or not it is charged by or under the Constitution upon that Fund and shall cause to be laid before Parliament a supplementary financial statement setting out the estimated amount of the expenditure or, as the case may be, an excess financial statement setting out the amount of the excess, and the provisions of articles 87 to 90 shall (with the necessary adaptations) apply in relation to those statements as they apply in relation to the annual financial statement.",
"name": "Supplementary and excess grants",
"related_acts": "",
"section_id": 101
},
{
"act_id": 367,
"details": "92. (1) Notwithstanding anything in the foregoing provisions of this Chapter, Parliament shall have power (a) \tto make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 89 for the voting of such grant and the passing of a law in accordance with the provisions of article 90 in relation to that expenditure; (b) \tto make a grant for meeting an unexpected demand upon the resources of the Republic when on account of the magnitude or the indefinite character of the service the demand cannot be specified with the details ordinarily given in an annual financial statement; (c) \tto make an exceptional grant which forms no part of the current service of any financial year; and Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund for the purposes for which such grants are made. (2) The provisions of articles 89 and 90 shall have effect in relation to the making of any grant under clause (1), and to any law to be made under that clause, as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and to the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund to meet such expenditure. 59(3) Notwithstanding anything contained in the foregoing provisions of this Chapter, if, in respect of a financial year, Parliament- (a) \thas failed to make the grants under article 89 and pass the law under article 90 before the beginning of that year and has not also made any grant in advance under this article; or (b)\t has failed to make the grants under article 89 and pass the law under article 90 before the expiration of the period for which the grants in advance, if any, were made under this article, the President may, upon the advice of the Prime Minister, by order, authorise the withdrawal from the Consolidated Fund moneys necessary to meet expenditure mentioned in the financial statement for that year for a period not exceeding sixty days in that year, pending the making of the grants and passing of the law.",
"name": "Votes of account, votes of credit, etc.",
"related_acts": "",
"section_id": 102
},
{
"act_id": 367,
"details": "92A. Authorisation of expenditure in certain cases.- omitted by section 10 of the Constitution (Twelfth Amendment) Act, 1991 (Act No. XXVIII of 1991).",
"name": "Omitted",
"related_acts": "",
"section_id": 103
},
{
"act_id": 367,
"details": "93. (1) At any time when 60Parliament stands dissolved or is not in session, if the President is satisfied that circumstances exist which render immediate action necessary, he may make and promulgate such Ordinances as the circumstances appear to him to require, and any Ordinance so made shall, as from its promulgation have the like force of law as an Act of Parliament: Provided that no Ordinance under this clause shall make any provision – (i) \twhich could not lawfully be made under this Constitution by Act of Parliament; (ii) \tfor altering or repealing any provision of this Constitution; or (iii) \tcontinuing in force any provision of an Ordinance previously made. (2) An Ordinance made under clause (1) shall be laid before Parliament at its first meeting following the promulgation of the Ordinance and shall, unless it is earlier repealed, cease to have effect at the expiration of thirty days after it is so laid or, if a resolution disapproving of the Ordinance is passed by Parliament before such expiration, upon the passing of the resolution. (3) At any time when Parliament stands dissolved, the President may, if he is satisfied that circumstances exist which render such action necessary, make and promulgate an Ordinance authorising expenditure from the Consolidated Fund, whether the expenditure is charged by the Constitution upon that fund or not, and any Ordinance so made shall, as from its promulgation, have the like force of law as an Act of Parliament. (4) Every Ordinance promulgated under clause (3) shall be laid before Parliament as soon as may be, and the provisions of articles 87, 89 and 90 shall, with necessary adaptations, be complied with in respect thereof within thirty days of the reconstitution of Parliament.",
"name": "Ordinance making power",
"related_acts": "",
"section_id": 104
},
{
"act_id": 367,
"details": "94. (1) There shall be a Supreme Court for Bangladesh (to be known as the Supreme Court of Bangladesh) comprising the Appellate Division and the High Court Division. (2) The Supreme Court shall consist of the Chief Justice, to be known as the Chief Justice of Bangladesh, and such number of other Judges as the President may deem it necessary to appoint to each division. (3) The Chief Justice, and the Judges appointed to the Appellate Division, shall sit only in that division, and the other Judges shall sit only in the High Court Division. (4) Subject to the provisions of this Constitution the Chief Justice and the other Judges shall be independent in the exercise of their judicial functions.",
"name": "Establishment of Supreme Court",
"related_acts": "",
"section_id": 105
},
{
"act_id": 367,
"details": "95. (1) The Chief Justice shall be appointed by the President, and the other Judges shall be appointed by the President after consultation with the Chief Justice. (2) A person shall not be qualified for appointment as a Judge unless he is a citizen of Bangladesh and – (a) \thas, for not less than ten years, been an advocate of the Supreme Court ; or (b) \thas, for not less than ten years, held judicial office in the territory of Bangladesh ; or (c)\thas such qualifications as may be prescribed by law for appointment as a Judge of the Supreme Court. (3) In this article, “Supreme Court” includes a court which at any time before the commencement of this Constitution exercised jurisdiction as a High Court in the territory of Bangladesh.",
"name": "Appointment of Judges",
"related_acts": "",
"section_id": 106
},
{
"act_id": 367,
"details": "96. (1) Subject to the other provisions of this article, a Judge shall hold office until he attains the age of sixty-seven years. 62(2) A Judge shall not be removed from his office except by an order of the President passed pursuant to a resolution of Parliament supported by a majority of not less than two-thirds of the total number of members of Parliament, on the ground of proved misbehaviour or incapacity. (3) Parliament may by law regulate the procedure in relation to a resolution under clause (2) and for investigation and proof of the misbehaviour or incapacity of a Judge. (4) A Judge may resign his office by writing under his hand addressed to the President.",
"name": "Tenure of office of Judges",
"related_acts": "",
"section_id": 107
},
{
"act_id": 367,
"details": "97. If the office of the Chief Justice becomes vacant, or if the President is satisfied that the Chief Justice is, on account of absence, illness, or any other cause, unable to perform the functions of his office, those functions shall, until some other person has entered upon that office, or until the Chief Justice has resumed his duties, as the case may be, be performed by the next most senior Judge of the Appellate Division.",
"name": "Temporary appointment of Chief Justice",
"related_acts": "",
"section_id": 108
},
{
"act_id": 367,
"details": "98. Notwithstanding the provisions of article 94, if the President is satisfied that the number of the Judges of a division of the Supreme Court should be for the time being increased, the President may appoint one or more duly qualified persons to be Additional Judges of that division for such period not exceeding two years as he may specify, or, if he thinks fit, may require a Judge of the High Court Division to sit in the Appellate Division for any temporary period : Provided that nothing in this article shall prevent a person appointed as an Additional Judge from being appointed as a Judge under article 95 or as an Additional Judge for a further period under this article.",
"name": "Additional Supreme Court Judges",
"related_acts": "",
"section_id": 109
},
{
"act_id": 367,
"details": "99. (1) A person who has held office as a Judge (otherwise than as an Additional Judge pursuant to the provisions of article 98), shall not, after his retirement or removal therefrom, plead or act before any court or authority or hold any offece of profit in the service of the Republic not being a judicial or quasi-judicial office. (2) Notwithstanding anything contained in clause (1), a person who has held office as a Jugde of the High Court Division may, after his retirement or rermoval therefrom, plead or act before the Appellate Division.",
"name": "Disabilities of Judges after retirement",
"related_acts": "",
"section_id": 110
},
{
"act_id": 367,
"details": "100. The permanent seat of the Supreme Court shall be in the capital, but sessions of the High Court Division may be held at such other place or places as the Chief Justice may, with the approval of the President, from time to time appoint.",
"name": "Seat of Supreme Court",
"related_acts": "",
"section_id": 111
},
{
"act_id": 367,
"details": "101. The High Court Division shall have such original, appellate and other jurisdictions and powers as are conferred on it by this Constitution or any other law.",
"name": "Jurisdiction of High Court Division",
"related_acts": "",
"section_id": 112
},
{
"act_id": 367,
"details": "102. (1) The High Court Division on the application of any person aggrieved, may give such directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of this Constitution. (2) The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law – (a) on the application of any person aggrieved, make an order- \t(i)\tdirecting a person performing any functions in connec-tion with the affairs of the Republic or of a local authority, to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do ; or (ii)\tdeclaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority, has been done or taken without lawful authority and is of no legal effect ; or (b) \ton the application of any person, make an order- (i) \tdirecting that a person in custody be brought before it so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner ; or (ii) \trequiring a person holding or purporting to hold a public office to show under what authority he claims to hold that office. (3) Notwithstanding anything contained in the forgoing clauses, the High Court Division shall have no power under this article to pass any interim or other order in relation to any law to which article 47 applies. (4) Whereon an application made under clause (1) or sub-clause (a) of clause (2), an interim order is prayed for and such interim order is likely to have the effect of- (a)\tprejudicing or interfering with any measure designed to implement any development programme, or any development work ; or (b)\tbeing otherwise harmful to the public interest, the High Court Division shall not make an interim order unless the Attorney-General has heen given reasonable notice of the application and he (or an advocate authorised by him in that behalf) has been given an opportunity of being heard, and the High Court Division is satisfied that the interim order would not have the effect referred to in sub-clause (a) or sub-caluse (b). (5) In this article, unless the context otherwise requires, “person” includes a statutory public authority and any court or tribunal, other than a court or tribunal established under a law relating to the defence services of Bangladesh or any disciplined force or a tribunal to which article 117 applies.",
"name": "Powers of High Court Division to issue certain orders and directions, etc.",
"related_acts": "",
"section_id": 113
},
{
"act_id": 367,
"details": "103. (1) The Appellate Division shall have jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division. (2) An appeal to the Appellate Division from a judgment, decree, order or sentence of the High Court Division shall lie as of right where the High Court Division – (a)\tcertifies that the case involves a substantial question of law as to the interpretation of this Constitution ; or (b)\thas confirmed a sentence of death or sentenced a person to death or to imprisonment for life ; or (c)\thas imposed punishment on a person for contempt of that division ; and in such other cases as may be provided for by Act of Parliament. (3) An appeal to the Appellate Division from a judgment, decree, order or sentence of the High Court Division in a case to which clause (2) does not apply shall lie only if the Appellate Division grants leave to appeal. (4) Parliament may by law declare that the provisions of this article shall apply in relation to any other court or tribunal as they apply in relation to the High Court Division.",
"name": "Jurisdiction of Appellate Division",
"related_acts": "",
"section_id": 114
},
{
"act_id": 367,
"details": "104. The Appellate Division shall have power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of securing the attendance of any person or the discovery or production of any document.",
"name": "Issue and execution of processes of Appellate Division",
"related_acts": "",
"section_id": 115
},
{
"act_id": 367,
"details": "105. The Appellate Division shall have power, subject to the provisions of any Act of Parliament and of any rules made by that division to review any judgment pronounced or order made by it.",
"name": "Review of judgments or orders by Appellate Division",
"related_acts": "",
"section_id": 116
},
{
"act_id": 367,
"details": "106. If at any time it appears to the President that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to the Appellate Division for consideration and the division may, after such hearing as it thinks fit, report its opinion thereon to the President.",
"name": "Advisory jurisdiction of Supreme Court",
"related_acts": "",
"section_id": 117
},
{
"act_id": 367,
"details": "107. (1) Subject to any law made by Parliament the Supreme Court may, with the approval of the President, make rules for regulating the practice and procedure of each division of the Supreme Court and of any court subordinate to it. (2) The Supreme Court may delegate any of its functions under clause (1) and article 113 and 116 to a division of that Court or to one or more judges. (3) Subject to any rules made under this article the Chief Justice shall determine which judges are to constitute any Bench of a division of the Supreme Court and which judges are to sit for any purpose. (4) The Chief Justice may authorise the next most senior judge of either division of the Supreme Court to exercise in that division any of the powers conferred by clause (3) or by rules made under this article.",
"name": "Rule-making power of the Supreme Court",
"related_acts": "",
"section_id": 118
},
{
"act_id": 367,
"details": "108. The Supreme Court shall be a court of record and shall have all the powers of such a court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself.",
"name": "Supreme Court as court of record",
"related_acts": "",
"section_id": 119
},
{
"act_id": 367,
"details": "109. The High Court Division shall have superintendence and control over all courts and tribunals subordinate to it.",
"name": "Superintendence and control over courts",
"related_acts": "",
"section_id": 120
},
{
"act_id": 367,
"details": "110. If the High Court Division is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution, or on a point of general public importance, the determination of which is necessary for the disposal of the case, it shall withdraw the case from that court and may – (a)\teither dispose of the case itself ; or (b)\tdetermine the question of law and return the case to the court from which it has been so withdrawn (or transfer it to another subordinate court) together with a copy of the judgment of the division on such question, and the court to which the case is so returned or transferred shall, on receipt thereof, proceed to dispose of the case in conformity with such judgment.",
"name": "Transfer of cases from subordinate courts to High Court Division",
"related_acts": "",
"section_id": 121
},
{
"act_id": 367,
"details": "111. The law declared by the Appellate Division shall be binding on the High Court Division and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it.",
"name": "Binding effect of Supreme Court judgments",
"related_acts": "",
"section_id": 122
},
{
"act_id": 367,
"details": "112. All authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court.",
"name": "Action in aid of Supreme Court",
"related_acts": "",
"section_id": 123
},
{
"act_id": 367,
"details": "113. (1) Appointments of the staff of the Supreme Court shall be made by the Chief Justice or such other judge or officer of that court as he may direct, and shall be made in accordance with rules made with the previous approval of the President by the Supreme Court. (2) Subject to the provisions of any Act of Parliament the conditions of service of members of the staff of the Supreme Court shall be such as may be prescribed by rules made by that court.",
"name": "Staff of Supreme Court",
"related_acts": "",
"section_id": 124
},
{
"act_id": 367,
"details": "114. There shall be in addition to the Supreme Court such courts subordinate thereto as may be established by law.",
"name": "Establishment of subordinate courts",
"related_acts": "",
"section_id": 125
},
{
"act_id": 367,
"details": "63115. Appointments of persons to offices in the judicial service or as magistrates exercising judicial functions shall be made by the President in accordance with rules made by him in that behalf.",
"name": "Appointments to subordinate courts",
"related_acts": "",
"section_id": 126
},
{
"act_id": 367,
"details": "64116. The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the President and shall be exercised by him in consultation with the Supreme Court.",
"name": "Control and discipline of subordinate courts",
"related_acts": "",
"section_id": 127
},
{
"act_id": 367,
"details": "65116A. Subject to provisions of the Constitution, all persons employed in the judicial service and all magistrates shall be independent in the exercise of their judicial functions.",
"name": "Judicial officers to be independent in the exercise of their functions",
"related_acts": "",
"section_id": 128
},
{
"act_id": 367,
"details": "117. (1) Notwithstanding anything hereinbefore contained, Parliament may by law establish one or more administrative tribunals to exercise jurisdiction in respect of matters relating to or arising out of – (a) \tthe terms and conditions of persons in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments; (b) \tthe acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law, including the operation and management of, and service in any nationalised enterprise or statutory public authority; 66(c) any law to which clause (3) of article 102 applies. (2) Where any administrative tribunal is established under this article, no court shall entertain any proceedings or make any order in respect of any matter falling within the jurisdiction of such tribunal: Provided that Parliament may, by law, provide for appeals from, or the review of, decisions of any such tribunal.",
"name": "Administrative tribunals",
"related_acts": "",
"section_id": 129
},
{
"act_id": 367,
"details": "Omitted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), Section 34.",
"name": "Omitted",
"related_acts": "",
"section_id": 130
},
{
"act_id": 367,
"details": "118. (1) There shall be an Election Commission for Bangladesh consisting of 67the Chief Election Commissioner and not more than four Election Commissioners and the appointment of the Chief Election Commissioner and other Election Commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President. (2) When the Election Commission consists of more than one person, the Chief Election Commissioner shall act as the chairman thereof. (3) Subject to the provisions of this Constitution the term of office of an Election Commissioner shall be five years from the date on which he enters upon his office, and – (a) \ta person who has held office as Chief Election Commissioner shall not be eligible for appointment in the service of the Republic; (b) \tany other Election Commissioner shall, on ceasing to hold office as such, be eligible for appointment as Chief Election Commissioner but shall not be otherwise eligible for appointment in the service of the Republic. (4) The Election Commission shall be independent in the exercise of its functions and subject only to this Constitution and any other law. (5) Subject to the provisions of any law made by Parliament, the conditions of service of Election Commissioners shall be such as the President may, by order, determine: Provided that an Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the 68Supreme Court. (6) An Election Commissioner may resign his office by writing under his hand addressed to the President.",
"name": "Establishment of Election Commission",
"related_acts": "",
"section_id": 131
},
{
"act_id": 367,
"details": "119. 69(1) The superintendence, direction and control of the preparation of the electoral rolls for elections to the office of President and to Parliament and the conduct of such elections shall vest in the Election Commission which shall, in accordance with this Constitution and any other law – (a)\t hold elections to the office of President; (b)\t hold elections of members of Parliament; (c) \tdelimit the constituencies for the purpose of elections to Parliament ; and (d) \tprepare electoral rolls for the purpose of elections to the office of President and to Parliament. (2) The Election Commission shall perform such functions, in addition to those specified in the foregoing clauses, as may be prescribed by this Constitution or by any other law.",
"name": "Functions of Election Commission",
"related_acts": "",
"section_id": 132
},
{
"act_id": 367,
"details": "120. The President shall, when so requested by the Election Commission, make available to it such staff as may be necessary for the discharge of its functions under this Part.",
"name": "Staff of Election Commission",
"related_acts": "",
"section_id": 133
},
{
"act_id": 367,
"details": "121. There shall be one electoral roll for each constituency for the purposes of elections to Parliament, and no special electoral roll shall be prepared so as to classify electors according to religion, race, caste or sex.",
"name": "Single electoral roll for each constituency",
"related_acts": "",
"section_id": 134
},
{
"act_id": 367,
"details": "122. (1) The elections\t 70* * * to Parliament shall be on the basis of adult franchise. (2) A person shall be entitled to be enrolled on the electoral roll for a constituency delimited for the purpose of election to the Parliament, if he - (a) \tis a citizen of Bangladesh; (b)\tis not less than eighteen years of age; 71(c) \tdoes not stand declared by a competent court to be of unsound mind ; (d) \tis or is deemed by law to be a resident of that constituency ; and (e)\thas not been convicted of any offence under the Bangladesh Collaborators (Special Tribunals) Order, 1972. 72* * *",
"name": "Qualifications for registration as voter",
"related_acts": "1310",
"section_id": 135
},
{
"act_id": 367,
"details": "123. 73(1) In the case of a vacancy in the office of President occurring by reason of the expiration of his term of office an election to fill the vacancy shall be held within the period of ninety to sixty days prior to the date of expiration of the term: Provided that if the term expires before the dissolution of the Parliament by members of which he was elected the election to fill the vacancy shall not be held until after the next general election of members of Parliament, but shall be held within thirty days after the first sitting of Parliament following such general election. (2) In the case of a vacancy in the office of President occurring by reason of the death, resignation or removal of the President, an election to fill the vacancy shall be held within the period of ninety days after the occurrence of the vacancy. 74(3) A general election of the members of Parliament shall be held- (a)\tin the case of a dissolution by reason of the expiration of its term, within the period of ninety days preceding such dissolution ; and (b)\tin the case of a dissolution otherwise than by reason of such expiration, within ninety days after such dissolution : Provided that the persons elected at a general election under sub-clause (a) shall not assume office as members of Parliament except after the expiration of the term referred to therein. (4) An election to fill the seat of a member of Parliament which falls vacant otherwise than by reason of the dissolution of Parliament shall be held within ninety days of the occurrence of the vacancy 75: Provided that in a case where, in the opinion of the Chief Election Commissioner, it is not possible, for reasons of an act of God, to hold such election within the period specified in this clause, such election shall be held within ninety days following next after the last day of such period.",
"name": "Time for holding elections",
"related_acts": "",
"section_id": 136
},
{
"act_id": 367,
"details": "76124. Subject to the provisions of this Constitution, Parliament may by law make provision with respect to all matters relating to or in connection with elections to Parliament, including the delimitation of constituencies, the preparation of electoral rolls, the holding of elections, and all other matters necessary for securing the due Constitution of Parliament.",
"name": "Parliament may make provision as to elections",
"related_acts": "",
"section_id": 137
},
{
"act_id": 367,
"details": "125. Notwithstanding anything in this Constitution – (a) \tthe validity of any law relating to the delimitation of constituencies, or the allotment of seats to such constituencies, made or purporting to be made under article 124, shall not be called in question in any court; (b) \tno election to the 77office of President 78* * * or to Parliament shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by Parliament. 79(c)\tA court shall not pass any order or direction, ad interim or otherwise, in relation to an election for which schedule has been announced, unless the Election Commission has been given reasonable notice and an opportunity of being heard.",
"name": "Validity of election law and elections",
"related_acts": "",
"section_id": 138
},
{
"act_id": 367,
"details": "126. It shall be the duty of all executive authorities to assist the Election Commission in the discharge of its functions.",
"name": "Executive authorities to assist Election Commission",
"related_acts": "",
"section_id": 139
},
{
"act_id": 367,
"details": "127. (1) There shall be a Comptroller and Auditor General of Bangladesh (hereinafter referred to as the Auditor General) who shall be appointed by the President. (2) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of the Auditor General shall be such as the President may, by order, determine.",
"name": "Establishment of office of Auditor-General",
"related_acts": "",
"section_id": 140
},
{
"act_id": 367,
"details": "128. (1) The public accounts of the Republic and of all courts of law and all authorities and officers of the Government shall be audited and reported on by the Auditor General and for that purpose he or any person authorised by him in that behalf shall have access to all records, books, vouchers, documents, cash, stamps, securities, stores or other government property in the possession of any person in the service of the Republic. (2) Without prejudice to the provisions of clause (1), if it is prescribed by law in the case of any body corporate directly established by law, the accounts of that body corporate shall be audited and reported on by such person as may be so prescribed. (3) Parliament may by law require the Auditor General to exercise such functions, in addition to those specified in clause (1), as such law may prescribe, and until provision is made by law under this clause the President may, by order, make such provision. (4) The Auditor General, in the exercise of his functions under clause (1), shall not be subject to the direction or control of any other person or authority.",
"name": "Functions of Auditor-General",
"related_acts": "",
"section_id": 141
},
{
"act_id": 367,
"details": "129. 80(1) The Auditor-General shall, subject to the provisions of this article, hold office for five years from the date on which he entered upon his office, or until he attains the age of sixty-five years, whichever is earlier. (2) The Auditor General shall not be removed from his office except in like manner and on the like grounds as a Judge of the 81Supreme Court. (3) The Auditor General may resign his office by writing under his hand addressed to the President. (4) On ceasing to hold office the Auditor General shall not be eligible for further office in the service of the Republic.",
"name": "Term of office of Auditor-General",
"related_acts": "",
"section_id": 142
},
{
"act_id": 367,
"details": "130. At any time when the office of Auditor General is vacant, or the President is satisfied that the Auditor General is unable to perform his functions on account of absence, illness or any other cause, the President may appoint a person to act as Auditor General and to perform the functions of that office until an appointment is made under article 127 or, as the case may be, until the Auditor General resumes the functions of his office.",
"name": "Acting Auditor-General",
"related_acts": "",
"section_id": 143
},
{
"act_id": 367,
"details": "131. The public accounts of the Republic shall be kept in such form and in such manner as the Auditor General may, with the approval of the President, prescribe.",
"name": "Form and manner of keeping public accounts",
"related_acts": "",
"section_id": 144
},
{
"act_id": 367,
"details": "132. The reports of the Auditor General relating to the public accounts of the Republic shall be submitted to the President, who shall cause them to be laid before Parliament.",
"name": "Reports of Auditor General to be laid before Parliament",
"related_acts": "",
"section_id": 145
},
{
"act_id": 367,
"details": "133. Subject to the provisions of this Constitution Parliament may by law regulate the appointment and conditions of service of persons in the service of the Republic: Provided that it shall be competent for the President to make rules regulating the appointment and the conditions of service of such persons until provision in that behalf is made by or under any law, and rules so made shall have effect subject to the provisions of any such law.",
"name": "Appointment and conditions of service",
"related_acts": "",
"section_id": 146
},
{
"act_id": 367,
"details": "134. Except as otherwise provided by this Constitution every person in the service of the Republic shall hold office during the pleasure of the President.",
"name": "Tenure of office",
"related_acts": "",
"section_id": 147
},
{
"act_id": 367,
"details": "135. (1) No person who holds any civil post in the service of the Republic shall be dismissed or removed or reduced in rank by an authority subordinate to that by which he was appointed. (2) No such person shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause why that action should not be taken: Provided that this clause shall not apply – (i) \twhere a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction of a criminal offence; or (ii) \twhere the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that, for a reason recorded by that authority in writing, it is not reasonably practicable to give that person an opportunity of showing cause; or (iii) \twhere the President is satisfied that in the interests of the security of the State it is not expedient to give that person such an opportunity. (3) If in respect of such a person the question arises whether it is reasonably practicable to give him an opportunity to show cause in accordance with clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final. (4) Where a person is employed in the service of the Republic under a written contract and that contract is terminated by due notice in accordance with its terms, he shall not, by reason thereof, be regarded as removed from office for the purposes of this article.",
"name": "Dismissal, etc. of civilian public officers",
"related_acts": "",
"section_id": 148
},
{
"act_id": 367,
"details": "136. Provision may be made by law for the reorganisation of the service of the Republic by the creation, amalgamation or unification of services and such law may vary or revoke any condition of service of a person employed in the service of the Republic.",
"name": "Reorganisation of service",
"related_acts": "",
"section_id": 149
},
{
"act_id": 367,
"details": "137. Provision shall be made by law for establishing one or more public service commissions for Bangladesh, each of which shall consist of a chairman and such other members as shall be prescribed by law.",
"name": "Establishment of commissions",
"related_acts": "",
"section_id": 150
},
{
"act_id": 367,
"details": "138. (1) The chairman and other members of each public service commission shall be appointed by the President: Provided that not less than one half of the members of a commission shall be persons who have held office for twenty years or more in the service of any government which has at any time functioned within the territory of Bangladesh. (2) Subject to any law made by Parliament the conditions of service of the chairman and other members of a public service commission shall be such as the President may, by order, determine.",
"name": "Appointment of members",
"related_acts": "",
"section_id": 151
},
{
"act_id": 367,
"details": "139. (1) The term of office of the chairman and other members of a public service commission shall, subject to the provisions of this article, expire five years after the date on which he entered upon his office, or when he attains the age of 82sixty five years, whichever is earlier. (2) The chairman and other members of such a commission shall not be removed from office except in like manner and on the like grounds as a Judge of the 83Supreme Court. (3) A chairman or other member of a public service commission may resign his office by writing under his hand addressed to the President. (4) On ceasing to hold office a member of a public service commission shall not be eligible for further employment in the service of the Republic, but, subject to the provisions of clause (1)- (a) \ta chairman so ceasing shall be eligible for re appointment for one further term; and (b) \ta member (other than the chairman) so ceasing shall be eligible for re appointment for one further term or for appointment as chairman of a public service commission.",
"name": "Term of office",
"related_acts": "",
"section_id": 152
},
{
"act_id": 367,
"details": "140. (1) The functions of a public service commission shall be – (a) \tto conduct tests and examinations for the selection of suitable persons for appointment to the service of the Republic; (b) \tto advise the President on any matter on which the commission is consulted under clause (2) or on any matter connected with its functions which is referred to the commission by the President; and (c) \tsuch other functions as may be prescribed by law. (2) Subject to the provisions of any law made by Parliament, and any regulation (not inconsistent with such law) which may be made by the President after consultation with a commission, the President shall consult a commission with respect to – (a) \tmatters relating to qualifications for, and methods of recruitment to, the service of the Republic; (b) \tthe principles to be followed in making appointments to that service and promotions and transfers from one branch of the service to another, and the suitability of candidates for such appointments, promotions and transfers; (c) \tmatters affecting the terms and conditions (including pension rights) of that service; and (d) \tthe discipline of the service.",
"name": "Functions of commissions",
"related_acts": "",
"section_id": 153
},
{
"act_id": 367,
"details": "141. (1) Each commission shall, not later than the first day of March each year, prepare and submit to the President a report on the performance of its functions during the period ended on the previous 31st day of December. (2) The report shall be accompanied by a memorandum setting out, so far as is known to the commission- (a) \tthe cases, if any, in which its advice was not accepted and the reasons why it was not accepted; (b) \tthe cases where the commission ought to have been consulted and was not consulted, and the reasons why it was not consulted. (3) The President shall cause the report and memorandum to be laid before Parliament at its first meeting held after 31st March in the year in which the report was submitted.",
"name": "Annual report",
"related_acts": "",
"section_id": 154
},
{
"act_id": 367,
"details": "141A. (1) If the President is satisfied that a grave emergency exists in which the security or economic life of Bangladesh, or any part thereof, is threatened by war or external aggression or internal disturbance, he may issue a Proclamation of Emergency 85for one hundred twenty days: 86* * * 87Provided that such Proclamation shall require for its validity the prior counter signature of the Prime Minister. (2) A Proclamation of Emergency – (a) may be revoked by a subsequent Proclamation; (b) shall be laid before Parliament; (c) shall cease to operate at the expiration of one hundred and twenty days, unless before the expiration of that period it has been approved by a resolution of Parliament: 88* * * Provided that if any such Proclamation is issued at a time when Parliament stands dissolved or the dissolution of Parliament takes place during the period of one hundred and twenty days referred to in sub clause (c), the Proclamation shall cease to operate at the expiration of thirty days from the date on which Parliament first meets after its re constitution, unless before that expiration of the said period of thirty days a resolution approving the Proclamation has been passed by Parliament 89or at the expiration of one hundred and twenty days, whichever occurs first.. (3) A Proclamation of Emergency declaring that the security of Bangladesh, or any part thereof, is threatened by war or external aggression or by internal disturbance may be made before the actual occurrence of war or any such aggression or disturbance if the President is satisfied that there is imminent danger thereof.",
"name": "Proclamation of emergency",
"related_acts": "",
"section_id": 155
},
{
"act_id": 367,
"details": "141B. While a Proclamation of Emergency is in operation, nothing in articles 36, 37, 38, 39, 40 and 42 shall restrict the power of the State to make any law or to take any executive action which the State would, but for the provisions contained in Part III of this Constitution, be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect.",
"name": "Suspension of provisions of certain articles during emergencies",
"related_acts": "",
"section_id": 156
},
{
"act_id": 367,
"details": "141C. (1) While a Proclamation of Emergency is in operation, the President may, 90on the written advice of the Prime Minister, by order, declare that the right to move any court for the enforcement of such of the rights conferred by Part III of this Constitution as may be specified in the order, and all proceedings pending in any court for the enforcement of the right so specified, shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order. (2) An order made under this article may extend to the whole of Bangladesh or any part thereof. (3) Every order made under this article shall, as soon as may be, be laid before Parliament.",
"name": "Suspension of enforcement of fundamental rights during emergencies",
"related_acts": "",
"section_id": 157
},
{
"act_id": 367,
"details": "91142. Notwithstanding anything contained in this Constitution- (a) \tany provision thereof may be amended by way of addition, alteration, substitution or repeal by Act of Parliament : Provided that- (i) \tno Bill for such amendment shall be allowed to proceed unless the long title thereof expressly states that it will amend a provision of the Constitution; (ii) \tno such Bill shall be presented to the President for assent unless it is passed by the votes of not less than two thirds of the total number of members of Parliament ; (b) \twhen a Bill passed as aforesaid is presented to the President for his assent he shall, within the period of seven days after the Bill is presented to him assent to the Bill, and if he fails so to do he shall be deemed to have assented to it on the expiration of that period.",
"name": "Power to amend any provision of the Constitution",
"related_acts": "",
"section_id": 158
},
{
"act_id": 367,
"details": "143. (1) There shall vest in the Republic, in addition to any other land or property lawfully vested – (a) \tall minerals and other things of value underlying any land of Bangladesh; (b) \tall lands, minerals and other things of value underlying the ocean within the territorial waters, or the ocean over the continental shelf, of Bangladesh; and (c) \tany property located in Bangladesh that has no rightful owner. (2) Parliament may from time to time by law provide for the determination of the boundaries of the territory of Bangladesh and of the territorial waters and the continental shelf of Bangladesh.",
"name": "Property of the Republic",
"related_acts": "",
"section_id": 159
},
{
"act_id": 367,
"details": "144. The executive authority of the Republic shall extend to the acquisition, sale, transfer, mortgage and disposal of property, the carrying on of any trade or business and the making of any contract.",
"name": "Executive authority in relation to property, trade, etc.",
"related_acts": "",
"section_id": 160
},
{
"act_id": 367,
"details": "145. (1) All contracts and deeds made in exercise of the executive authority of the Republic shall be expressed to be made by the President, and shall be executed on behalf of the President by such person and in such manner as he may direct or authorise. (2) Where a contract or deed is made or executed in exercise of the executive authority of the Republic, neither the President nor any other person making or executing the contract or deed in exercise of that authority shall be personally liable in respect thereof, but this article shall not prejudice the right of any person to take proceedings against the Government.",
"name": "Contracts and deeds",
"related_acts": "",
"section_id": 161
},
{
"act_id": 367,
"details": "92145A. All treaties with foreign countries shall be submitted to the President, who shall cause them to be laid before Parliament : Provided that any such treaty connected with national security shall be laid in a secret session of Parliament.",
"name": "International treaties",
"related_acts": "",
"section_id": 162
},
{
"act_id": 367,
"details": "146. The Government of Bangladesh may sue or be sued by the name of Bangladesh.",
"name": "Suits in name of Bangladesh",
"related_acts": "",
"section_id": 163
},
{
"act_id": 367,
"details": "147. (1) The remuneration, privileges and other terms and conditions of service of a person holding or acting in any office to which this article applies shall be determined by or under Act of Parliament, but until they are so determined - (a) \tthey shall be those (if any) appertaining to the person holding or, as the case may be, acting in the office in question immediately before the commencement of this Constitution; or (b) \tif the preceding sub clause is not applicable, they shall be determined by order made by the President. (2) The remuneration, privileges and other terms and conditions of service of a person holding or acting in any office to which this article applies shall not be varied to the disadvantage of any such person during his term of office. (3) No person appointed to or acting in any office to which this article applies shall hold any office, post or position of profit or emolument or take any part whatsoever in the management or conduct of any company, association or body having profit or gain as its object: Provided that such person shall not for the purposes of this clause be deemed to hold any such office, post or position by reason only that he holds or is acting in the office first above mentioned. (4) This article applies to the offices of – (a) \tPresident; 93* * * 94(b) \tPrime Minister; (c) \tSpeaker or Deputy Speaker; 95(d) \tMinister, Minister of State or Deputy Minister; (e) \tJudge of the Supreme Court; (f) \tComptroller and Auditor General; (g) \tElection Commissioner; (h)\tMember of a public service commission.",
"name": "Remuneration, etc., of certain officers",
"related_acts": "",
"section_id": 164
},
{
"act_id": 367,
"details": "148. (1) A person elected or appointed to any office mentioned in the Third Schedule shall before entering upon the office make and subscribe an oath or affirmation (in this article referred to as “an oath”) in accordance with that Schedule. 96* * * (2) Where under this Constitution an oath is required to be administered by a specified person 97* * *, it may be administered by such other person and at such place as may be designated by that person. 98(2A) If, within three days next after publication through official Gazette of the result of a general election of members of Parliament under clause (3) of article 123, the person specified under the Constitution for the purpose or such other person designated by that person for the purpose, is unable to, or does not, administer oath to the newly elected members of Parliament, on any account, the Chief Election Commissioner shall administer such oath within three days next thereafter, as if, he is the person specified under the Constitution for the purpose. (3) Where under this Constitution a person is required to make an oath before he enters upon an office he shall be deemed to have entered upon the office immediately after he makes the oath.",
"name": "Oaths of office",
"related_acts": "",
"section_id": 165
},
{
"act_id": 367,
"details": "149. Subject to the provisions of this Constitution all existing laws shall continue to have effect but may be amended or repealed by law made under this Constitution.",
"name": "Saving for existing laws",
"related_acts": "",
"section_id": 166
},
{
"act_id": 367,
"details": "99150. (1) The provisions set out in the Fourth Schedule of the Constitution at the time of the Commencement of this Constitution on the 16th day of December, 1972 shall have effect as transitional and temporary provisions notwithstanding anything contained in any other provisions of this Constitution. (2) In the period between the 7th day of March, 1971 and the date of commencement of this Constitution on the 16th day of December, 1972, the historical speech delivered by Bangabandhu Sheikh Mujibur Rahman, the Father of the Nation, in the Racecourse Maidan, Dhaka on the 7th day of March, 1971, set out in the Fifth Schedule of the Constitution, the telegram of the Declaration of Independence of Bangladesh made by Bangabandhu Sheikh Mujibur Rahman, the Father of the Nation on the 26th day of March, 1971 set out in the Sixth Schedule and the Proclamation of Independence of the Mujibnagar Government on the 10th day of April, 1971 set out in the Seventh Schedule are the historical speech and instruments of the independence and the struggle of freedom of Bangladesh which shall be deemed to be the transitional and the temporary provision for the said period.",
"name": "Transitional and temporary provisions",
"related_acts": "",
"section_id": 167
},
{
"act_id": 367,
"details": "151. The following President's Orders are hereby repealed– (a)\tThe Laws Continuance Enforcement Order, made on 10th April, 1971; (b)\tThe Provisional Constitution of Bangladesh Order, \t1972; (c)\tThe High Court of Bangladesh Order, 1972 (P.O. No. 5 of 1972); (d)\tThe Bangladesh Comptroller and Auditor General Order, 1972 (P.O. No. 15 of 1972); (e)\tThe Constituent Assembly of Bangladesh Order, 1972 (P.O. No. 22 of 1972); (f)\tThe Bangladesh Election Commission Order, 1972 (P.O. No. 25 of 1972); (g)\tThe Bangladesh Public Service Commissions Order, 1972 (P.O. No. 34 of 1972); (h)\tThe Bangladesh Transaction of Government Business Order, 1972 (P.O. No. 58 of 1972).",
"name": "Repeals",
"related_acts": "",
"section_id": 168
},
{
"act_id": 367,
"details": "152. (1) In this Constitution, except where the subject or context otherwise requires – “administrative unit” means a district or other area designated by law for the purposes of article 59; 100* * * 101\"the Appellate Division\" means the Appellate Division of the Supreme Court; “article” means an article of this Constitution; “borrowing” includes the raising of money by annuity, and “loan” shall be construed accordingly; “the capital” has the meaning assigned to that expression in article 5; 102* * * “Chief Election Commissioner” means a person appointed to that office under article 118; 103“The Chief Justice” means the Chief Justice of Bangladesh; “citizen” means a person who is a citizen of Bangladesh according to the law \trelating to citizenship; “clause” means a clause of the article in which the expression occurs; 104“court” means any court of law including Supreme Court; “debt” includes any liability in respect of any obligation to repay capital sums \tby way of annuities and any liability under any guarantee, and “debt charge” shall be construed accordingly; “disciplinary law” means a law regulating the discipline of any disciplined force; “disciplined force” means – (a) \tthe army, navy or air force; (b)\t the police force; (c) \tany other force declared by law to be a disciplined force within the meaning of this definition; “district judge” includes additional district judge; “existing law” means any law in force in, or in any part of, the territory of Bangladesh immediately before the commencement of this Constitution, whether or not it has been brought into operation; “financial year” means a year commencing on the first day of July; “guarantee” includes any obligation undertaken before the commencement of \tthis Constitution to make payments in the event of the profits of an \tundertaking falling short of a specified amount; “the High Court Division” means the High Court Division of the Supreme Court; “judge” means a judge of a division of the Supreme Court; “judicial service” means a service comprising persons holding \tjudicial posts not being posts superior to that of a district judge; “law” means any Act, ordinance, order, rule, regulation, bye law, notification or other legal instrument, and any custom or usage, having the force of law in Bangladesh; “Parliament” means the Parliament for Bangladesh established by article 65; “Part” means a Part of this Constitution; “pension” means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of any person, and includes retired pay or gratuity so payable by way of the return or any addition thereto of subscriptions to a provident fund; “political party” includes a group or combination of persons who operate within or outside Parliament under a distinctive name and who hold themselves out for the purpose of propagating a political opinion or engaging in any other political activity; “the President” means the President of Bangladesh elected under this Constitution or any person for the time being acting in that office; “property” includes property of every description movable or immovable, corporeal or incorporeal, and commercial and industrial undertakings, and any right or interest in any such property or undertaking; “public notification” means a notification in the Bangladesh Gazette; “public officer” means a person holding or acting in any office of emolument in the service of the Republic; “the Republic” means the People's Republic of Bangladesh; “Schedule” means a schedule to this Constitution; “securities” includes stock; “the service of the Republic” means any service, post or office whether in a civil or military capacity, in respect of the Government of Bangladesh, and any other service declared by law to be a service of the Republic; “session”, in relation to Parliament, means the sittings of Parliament commencing when it first meets after the commencement of this Constitution or after a prorogation or dissolution of Parliament and terminating when Parliament is prorogued or dissolved; “sitting”, in relation to Parliament, means a period during which Parliament is sitting continuously without adjournment; “the Speaker” means the person for the time being holding the office of \tSpeaker pursuant to article 74; “the State” includes Parliament, the Government and statutory public authorities; “statutory public authority” means any authority, corporation or body the activities or the principal activities of which are authorised by any Act, ordinance, order or instrument having the force of law in Bangladesh; “sub clause” means a sub clause of the clause in which the expression occurs; “the Supreme Court” means the Supreme Court of Bangladesh constituted by article 94; “taxation” includes the imposition of any tax, rate, duty or impost, whether general, local or special, and “Tax” shall be construed accordingly 105; 106* * * (2) The General Clauses Act, 1897 shall apply in relation to – (a) \tthis Constitution as it applies in relation to an Act of Parliament; (b) \tany enactment repealed by this Constitution, or which by virtue thereof becomes void or ceases to have effect, as it applies in relation to any enactment repealed by Act of Parliament.",
"name": "Interpretation",
"related_acts": "73",
"section_id": 169
},
{
"act_id": 367,
"details": "153. (1) This Constitution may be cited as the Constitution of the People's Republic of Bangladesh and shall come into force on the sixteenth day of December, 1972, in this Constitution referred to as the commencement of this Constitution. (2) There shall be an authentic text of this Constitution in Bengali, and an authentic text of an authorised translation in English, both of which shall be certified as such by the Speaker of the Constituent Assembly. (3) A text certified in accordance which clause (2) shall be conclusive evidence of the provisions of this Constitution: Provided that in the event of conflict between the Bengali and the English text, the Bengali text shall prevail.",
"name": "Commencement, citation and authenticity",
"related_acts": "",
"section_id": 170
}
],
"text": "1BISMILLAH-AR-RAHMAN-AR-RAHIM (In the name of Allah, the Beneficient, the Merciful)/ In the name of the Creator, the Merciful. PREAMBLE We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and through 2a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh; 3Pledging that the high ideals of nationalism, socialism, democracy and secularism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in, the national liberation struggle, shall be the fundamental principles of the Constitution; Further pledging that it shall be a fundamental aim of the State to realise through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens; Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co operation in keeping with the progressive aspirations of mankind; In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S., corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution."
} |
{
"id": 368,
"lower_text": [
"1 The words and comma “by notification in the official Gazette,” were omitted by Article 2 of the Bangladesh (Taking over of Control and Management of Industrial and Commercial Concerns) (Amendment) Order, 1972 (President’s Order No. 151 of 1972)",
"2 The words, brackets, figure and comma “the Government of Bangladesh takes over the control or management of any industrial or commercial concern under clause (1),” were substituted for the words, brackets, figure and comma “a notification is published under clause (1) in respect of any industrial or commercial concern,” by Article 2 of the Bangladesh (Taking over of Control and Management of Industrial and Commercial Concerns) (Amendment) Order, 1972 (President’s Order No. 151 of 1972)",
"3 Clause (2A) was inserted by Article 2 of the Bangladesh (Taking over of Control and Management of Industrial and Commercial Concerns) (Amendment) Order, 1972 (President’s Order No. 151 of 1972)"
],
"name": "The Bangladesh (Taking Over of Control and Management of Industrial and Commercial Concerns) Order, 1972 (Acting President's Order)",
"num_of_sections": 6,
"published_date": "3rd January, 1972",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 368,
"details": "1. (1) This Order may be called the Bangladesh (Taking Over of Control and Management of Industrial and Commercial Concerns) Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 368,
"details": "2. (1) Where the owners, directors or managers, or majority of the owners, directors or managers, of any industrial or commercial concern have left Bangladesh or are not available to control and manage the concern, or where, in the opinion of the Government of Bangladesh, the owners or directors of any industrial or commercial concern cannot be allowed, in the public interest, to control and manage the concern, the Government of Bangladesh may, notwithstanding anything contained in any law for the time being in force or in any instrument or document relating to the incorporation, registration, creation, constitution or formation of the concern, 1* * * take over its control and management, or appoint a Management Board or Administrator, or direct any autonomous or semi-autonomous body or any other authority, to take over its control and management. (2) Where 2the Government of Bangladesh takes over the control or management of any industrial or commercial concern under clause (1), all the powers and duties of the owners, directors, Board of Directors and managers of the concern, including the power to operate bank accounts, shall vest in the Government of Bangladesh. Management Board, Administrator, autonomous or semi-autonomous body or the authority, as the case may be, which takes over the control and management of the concern. 3(2A) The Government may, from time to time, publish for general information lists of Industrial and Commercial Concerns taken over under this Order. (3) The Management Board or the Administrator appointed under clause (1) shall hold office for such period and on such terms and conditions as the Government of Bangladesh may specify. (4) An autonomous or semi-autonomous body or an authority taking over the control and management of any industrial and commercial concern under clause (1) shall act on such terms and conditions as the Government of Bangladesh may specify.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 368,
"details": "3. The Management Board, Administrator, autonomous or semi-autonomous body or the authority controlling and managing any industrial or commercial concern under this Order shall exercise powers and perform duties under the direct supervision and control of the Government of Bangladesh, and shall submit such statements and furnish such information to the Government of Bangladesh as it may direct or require from time to time.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 368,
"details": "4. No action taken under this Order shall be called in question by or before any court of law.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 368,
"details": "5. For the purpose of this Order, “industrial and commercial concern” includes any insurance company, factory or shop, but does not include any bank.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 368,
"details": "6. (1) The Acting President's Order No. 1-35/71/13, dated the 26th December, 1971, is hereby repealed. (2) Notwithstanding the repeal, all notifications issued under the said Order shall be deemed to have been issued under the relevant provision of this Order. (3) No liability shall attach to the Government of Bangladesh or any official for anything done in good faith or any order made under the said Order.",
"name": "",
"related_acts": "",
"section_id": 6
}
],
"text": "WHEREAS it is expedient to make provisions for the taking over of control and management of certain industrial and commercial concerns; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh and in exercise of all powers enabling him in that behalf, the Acting President is pleased to make the following Order:-"
} |
{
"id": 369,
"lower_text": [
"1 Clause (b) was omitted by section 3 of the Refugees Rehabilitation Finance Corporation (Repeal) Act, 1974 (Act No. XVI of 1974)"
],
"name": "The Bangladesh (Administration of Financial Institutions) Order, 1972 (A.P.O.)",
"num_of_sections": 7,
"published_date": "7th January, 1972",
"related_act": [
463
],
"repelled": false,
"sections": [
{
"act_id": 369,
"details": "1. (1) This Order may be called the Bangladesh (Administration of Financial Institutions) Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 369,
"details": "2. In this Order, “financial institutions” means- (a)\tthe House Building Finance Corporation established under the House Building Finance Corporation Act, 1952 (Act No. XVIII of 1952); 1* * * (c)\tthe Investment Corporation of Pakistan established under the Investment Corporation of Pakistan Ordinance, 1966 (Ordinance No. IV of 1966); (d)\tthe Equity Participation Fund established under the Equity Participation Fund Ordinance, 1970 (Ordinance No. I of 1970).",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 369,
"details": "3. (1) Notwithstanding anything contained in any of laws mentioned in Article 2, or in any other law for the time being in force, the Government of Bangladesh may, if it deems fit in the national interest, by notification in the official Gazette, appoint an Administrator for the management and administration of the affairs of a financial institution in Bangladesh. (2) Where an Administrator is appointed for a financial institution under clause (1), the Board of Directors, the Managing Director and the Executive Committee, if any, of the institution shall cease to function in respect of the affairs of the institution in Bangladesh and all the powers and duties of such Board of Directors, Managing Director and Executive Committee shall vest in the Administrator. (3) The Administrator shall be the Chief Executive of the financial institution for which he is appointed and shall hold office for such period and on such terms and conditions as the Government of Bangladesh may determine.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 369,
"details": "4. Subject to the direction and control of the Government of Bangladesh the Administrator shall exercise his powers and perform his duties, as far as practicable, in accordance with the provisions of the law under which the financial institution concerned is established and the rules and regulations made thereunder.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 369,
"details": "5. The Administrator shall submit such statements and furnish such information as the Government of Bangladesh may direct or require from time to time.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 369,
"details": "6. No action taken under this Order shall be called in question by or before any Court.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 369,
"details": "7. For the purpose of this Order, in all the laws mentioned in Article 2 and in all rules and regulations made thereunder, references to Central Government, Pakistan and East Pakistan shall, except where the context otherwise requires, be construed as references to the Government of Bangladesh and Bangladesh respectively.",
"name": "",
"related_acts": "",
"section_id": 7
}
],
"text": "WHEREAS it is expedient to make provisions for the management and administration of certain financial institutions in Bangladesh; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, and in exercise of all powers enabling him in that behalf, the Acting President is pleased to make the following Order:"
} |
{
"id": 370,
"lower_text": [
"1 The words and comma “and includes the Advocate-General for Bangladesh, a Deputy Advocate-General and an Assistant Advocate-General for Bangladesh” were omitted by section 2 of the Bangladesh Law Officers (Amendment) Ordinance, 1978 (Ordinance No. XXXIV of 1978)",
"2 Clause (1) was substituted by section 2 of the Bangladesh Law Officers (Amendment) Act, 2001 (Act No. LIX of 2001)",
"3 The words “Attorney-General” were omitted by Article 2 of the Bangladesh Law Officers (Amendment) Order, 1972 (President’s Order No. 152 of 1972)",
"4 The words “or a Deputy Advocate-General” were omitted by section 3 of the Bangladesh Law Officers (Amendment) Ordinance, 1978 (Ordinance No. XXXIV of 1978)",
"5 The words “Supreme Court” were substituted for the words “High Court” by section 3 of the Bangladesh Law Officers (Amendment) Ordinance, 1978 (Ordinance No. XXXIV of 1978)",
"6 The words “or an Assistant Advocate-General” were omitted by section 3 of the Bangladesh Law Officers (Amendment) Ordinance, 1978 (Ordinance No. XXXIV of 1978)",
"7 The word “five” was substituted for the word “seven” by Article 2 of the Bangladesh Law Officers (Amendment) Order, 1972 (President’s Order No. 152 of 1972)",
"8 The words “Supreme Court” were substituted for the words “High Court” by section 3 of the Bangladesh Law Officers (Amendment) Ordinance, 1978 (Ordinance No. XXXIV of 1978)",
"9 The words and comma “The Attorney-General,” were omitted by Article 2 of the Bangladesh Law Officers (Amendment) Order, 1972 (President’s Order No. 152 of 1972)",
"10 The words “Additional Attorneys-General” were substituted for the words “Additional Attorney-General” by section 2 of the Bangladesh Law Officers (Amendment) Act, 2001 (Act No. LIX of 2001)",
"11 The words “Deputy Attorneys-General and Assistant Attorneys-General” were substituted for the words and comma “Deputy Attorney-General, Deputy Advocates-General, Assistant Attorneys-General and Assistant Advocates-General” by section 3 of the Bangladesh Law Officers (Amendment) Ordinance, 1978 (Ordinance No. XXXIV of 1978)",
"12 The words and comma “the Attorney-General,” were omitted by Article 2 of the Bangladesh Law Officers (Amendment) Order, 1972 (President’s Order No. 152 of 1972)",
"13 The words “the Additional Attorneys-General” were substituted for the words “the Additional Attorney-General” by section 2 of the Bangladesh Law Officers (Amendment) Act, 2001 (Act No. LIX of 2001)",
"14 The words “and the Deputy Attorneys-General” were substituted for the comma and words “, the Deputy Attorneys-General and the Deputy Advocates-General” by section 3 of the Bangladesh Law Officers (Amendment) Ordinance, 1978 (Ordinance No. XXXIV of 1978)",
"15 The words “his services may be terminated” were substituted for the words “may be removed from office” by section 4 of the Bangladesh Law Officers (Amendment) Ordinance, 1978 (Ordinance No. XXXIV of 1978)",
"16 The word “termination” was substituted for the word “removal” by section 4 of the Bangladesh Law Officers (Amendment) Ordinance, 1978 (Ordinance No. XXXIV of 1978)",
"17 Clause (3) was substituted by section 4 of the Bangladesh Law Officers (Amendment) Ordinance, 1978 (Ordinance No. XXXIV of 1978)",
"18 The words “a Law Officer” were substituted for the words “the Attorney-General and the Additional Attorney-General” by section 5 of the Bangladesh Law Officers (Amendment) Ordinance, 1978 (Ordinance No. XXXIV of 1978)",
"19 The words “an office” were substituted for the word “offices” by section 5 of the Bangladesh Law Officers (Amendment) Ordinance, 1978 (Ordinance No. XXXIV of 1978)",
"20 The words “a Law Officer” were substituted for the words “the Attorney-General and the Additional Attorney-General” by section 5 of the Bangladesh Law Officers (Amendment) Ordinance, 1978 (Ordinance No. XXXIV of 1978)"
],
"name": "The Bangladesh Law Officers Order, 1972 (President's Order)",
"num_of_sections": 5,
"published_date": "20th January, 1972",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 370,
"details": "1. (1) This Order may be called the Bangladesh Law Officers Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 370,
"details": "2. In this Order, “Law Officer” means the Attorney-General for Bangladesh, the Additional Attorney-General for Bangladesh, the Deputy Attorney-General, and Assistant Attorney-General for Bangladesh 1* * *.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 370,
"details": "3. 2(1) The President may, in addition to the Attorney-General for Bangladesh, appoint, by notification in the official Gazette, Additional Attorneys-General, not exceeding three, and such number of Deputy Attorneys-General and Assistant Attorneys-General for Bangladesh as the President may determine. (2) No person shall be appointed an 3* * * Additional Attorney-General or a Deputy Attorney-General 4* * * unless he is qualified to be appointed as a Judge of the 5Supreme Court of Bangladesh. (3) No person shall be appointed an Assistant Attorney-General 6* * * unless he has completed 7five years' practice as an Advocate of the 8Supreme Court. (4) 9* * * 10Additional Attorneys-General, 11Deputy Attorneys-General and Assistant Attorneys-General shall perform such duties as the President may direct. (5) In the performance of their duties 12* * * 13the Additional Attorneys-General, 14and the Deputy Attorneys-General shall have the right to audience in all Courts in Bangladesh.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 370,
"details": "4. (1) A Law Officer shall hold office during the pleasure of the President and 15his services may be terminated at any time by the President without any reason being assigned for his 16termination. (2) A Law Officer may resign his office by a writing under his hand addressed to the President. 17(3) A Law Officer shall receive such remuneration for his services and shall be entitled to such privileges as the President may determine.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 370,
"details": "5. (1) Notwithstanding anything contained in any law for the time being in force on the commencement of this Order, the office of the Additional Attorney–General, Advocate-General, Assistant Advocate-General, the Senior Government Pleader, Assistant Government Pleader, and the Deputy Legal Remembrancer in Bangladesh shall be deemed to have stood abolished on the 26th day of March, 1971. (2) The Office of 18a Law Officer shall be deemed not to be 19an office of profit nor shall “service of Bangladesh” mean or include the office of 20a Law Officer.",
"name": "",
"related_acts": "",
"section_id": 5
}
],
"text": "WHEREAS it is expedient to appoint some law officers for conducting cases on behalf of the Government of Bangladesh before the superior Courts in Bangladesh; NOW, THEREFORE, in pursuance of the Proclamation of Independence read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 371,
"lower_text": [
"1 Clause (bb) was inserted by section 2 of the Bangladesh Shipping Corporation (Amendment) Ordinance, 1983 (Ordinance No. XXIII of 1983)",
"2 Clauses (3) and (4) were added by Article 2 of the Bangladesh Shipping Corporation (Amendment) Order, 1972 (President’s Order No. 33 of 1972)",
"3 Article 5 was substituted by section 2 of the Bangladesh Shipping Corporation (Amendment) Act, 2006 (Act No. 35 of 2006)",
"4 Article 8 was substituted for the former Articles 8 and 9 by section 3 of the Bangladesh Shipping Corporation (Amendment) Ordinance, 1983 (Ordinance No. XXIII of 1983)",
"5 Clause (1) was substituted by section 2 of the Bangladesh Shipping Corporation (Amendment) Act, 1990 (Act No. II of 1990)",
"6 Articles 8 was substituted for the previous Articles 8 and 9 by section 3 of the Bangladesh Shipping Corporation (Amendment) Ordinance, 1983 (Ordinance No. XXIII of 1983)",
"7 The brackets and figure “(1)” was omitted by section 4 of the Bangladesh Shipping Corporation (Amendment) Ordinance, 1983 (Ordinance No. XXIII of 1983)",
"8 Article 12 was substituted by section 5 of the Bangladesh Shipping Corporation (Amendment) Ordinance, 1983 (Ordinance No. XXIII of 1983)",
"9 The words “executive Director” were substituted for the word “Director” by section 6 of the Bangladesh Shipping Corporation (Amendment) Ordinance, 1983 (Ordinance No. XXIII of 1983)",
"10 The word “five” was substituted for the word “three” by section 7 of the Bangladesh Shipping Corporation (Amendment) Ordinance, 1983 (Ordinance No. XXIII of 1983)",
"11 The words “Directors and Executive Directors” were substituted for the word “Directors” by section 8 of the Bangladesh Shipping Corporation (Amendment) Ordinance, 1983 (Ordinance No. XXIII of 1983)",
"12 The word “Chittagong” was substituted for the word “Dacca” by section 3 of the Bangladesh Shipping Corporation (Amendment) Ordinance, 1982 (Ordinance No. XXXVI of 1982)",
"13 The words and comma “Directors, Executive Directors” were substituted for the word “Director” by section 8 of the Bangladesh Shipping Corporation (Amendment) Ordinance, 1983 (Ordinance No. XXIII of 1983)",
"14 Article 29 was added by Article 2 of the Bangladesh Shipping Corporation (Amendment) Order, 1972 (President’s Order No. 33 of 1972)",
"15 Article 30 was added by section 2 of the Bangladesh Shipping Corporation (Amendment) Act, 1973 (Act No. XVIII of 1973)"
],
"name": "The Bangladesh Shipping Corporation Order, 1972 (President's Order)",
"num_of_sections": 30,
"published_date": "5th February, 1972",
"related_act": [
175
],
"repelled": true,
"sections": [
{
"act_id": 371,
"details": "1. (1) This Order may be called the Bangladesh Shipping Corporation Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 371,
"details": "2. In this Order, 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 the Bangladesh Shipping Corporation established under Article 3; 1(bb)\t“Chairman” means the Chairman of the Board; (c)\t“Director” means a Director of the Corporation; (d)\t“Government” means Government of the People's Republic of Bangladesh; (e)\t“Managing Director” means Managing Director of the Corporation; (f)\t“regulations” means regulations made under this Order; (g)\t“rules” means rules made under this Order.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 371,
"details": "3. (1) As soon as may be after the commencement of this Order, the Government shall establish a corporation to be called the Bangladesh Shipping Corporation. (2) The Corporation shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Order, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued. 2(3) All assets and properties, movable and immovable and all funds of the National Shipping Corporation established under section 3 of the National Shipping Corporation Ordinance, 1963 (IV of 1963), shall vest in the Corporation. (4) All employees of the aforesaid National Shipping Corporation shall, subject to such scrutiny or screening as the Government may determine, be employed in the Corporation: Provided that no such employee who is not a citizen of Bangladesh shall be employed: Provided further that the employment shall be subject to the requirements of the Corporation.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 371,
"details": "4. (1) It shall be the function of the Corporation to provide safe and efficient shipping services on international routes and to carry out all forms of activities connected with or ancillary to shipping, including taking over of the undertaking, movable or immovable assets or properties of any corporation engaged in such activities, upon a notification being published by the Government in the official Gazette vesting such undertaking, or assets, or properties in the Corporation. (2) Without prejudice to the generality of the foregoing provisions, the Corporation shall, in particular, have power- (a)\tto acquire, charter, hold or dispose of ships or crafts; (b)\tto promote any organisation, in or outside Bangladesh, for the purpose of engaging in any activity falling within the function of the Corporation, or to associate with any such organisation; (c)\tto undertake the repairs, overhaul, construction, reconditioning or assembly of ships, vessels and other vehicles; (d)\tto assemble, manufacture, recondition, overhaul and repair machines, parts, accessories and instruments pertaining to ships, vessels and other vehicles; (e)\tto establish institutes or make other arrangements for the instruction and training of persons engaged or likely to be engaged in any activities connected with or ancillary to shipping; (f)\tto acquire, hold or dispose of any property, whether movable or immovable; (g)\tto do all other things connected with or ancillary to any of the matters referred to in sub-clauses (a) to (f); and (h)\tto carry out any other function as may be notified by the Government in the official Gazette.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 371,
"details": "35. (1) The amount of the authorised capital of the Corporation may, from time to time, be determined by the Government by order published in the Official Gazette, but the amount shall not be less than 400 (four hundred) core taka, and the capital shall be divided into fully paid up equal shares of 100 (one hundred) taka each. (2) The amount of the subscribed capital of the Corporation may, from time to time, be determined by the Government by order published in the Official Gazette, but the amount shall not be less than 350 (three hundred and fifty) core taka, and the capital shall be divided into fully paid up equal shares of 100 (one hundred) taka each. (3) Not less than fifty one per cent shares of the subscribed capital shall be subscribed to by the Government and the remaining shares shall be offered for public subscription in such manner and at such time as the Government may determine.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 371,
"details": "6. The shares of the Corporation shall be deemed to be included among the securities enumerated in the Trust Act, 1882 (Act II of 1882) and to be approved securities and approved investments for the purpose of the Insurance Act, 1938 (IV of 1938).",
"name": "",
"related_acts": "175",
"section_id": 6
},
{
"act_id": 371,
"details": "7. (1) Subject to the rules and regulations, the general direction and superintendence of the affairs and business of the Corporation 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 shall act on commercial considerations having due regard to public interest generally. (3) In discharging its functions the Board shall be guided by such instructions on questions of policy involving national interest as may be given to it from time to time by the Government.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 371,
"details": "48. 5(1) The Board of Directors shall consist of the following Directors, namely:- (a)\tMinister-in-Charge of the Ministry or Division dealing with shipping, ex-officio, who shall also be its Chairman; (b) \tSecretary of the Ministry or Division dealing with shipping, ex-officio; (c)\tJoint Secretary (Statutory bodies wing), Finance Division, ex-officio; (d) \tManaging Director of the Corporation, ex-officio; (e)\tExecutive Director (Finance) of the Corporation, ex-officio; (f)\tExecutive Director (Technical) of the Corporation, ex-officio; (g)\tExecutive Director (Commercial) of the Corporation, ex-officio; (h)\tShareholders elected under clause (2). (2) Where the Government permits public subscription, the public share-holders may elect- (a)\tone Director, when the capital subscribed for by the public exceeds 20% but does not exceed 34% of the total shares subscribed; (b) \ttwo Directors, when the capital subscribed for by the public exceeds 34% of the total shares subscribed; (3) The Directors under clause (2) shall be elected in such manner as may be prescribed. (4) A Director other than an ex-officio Director, shall hold office for a period of two years from the date of the notification of his election or, as the case may be, appointment: Provided that notwithstanding the expiration of his term, a Director shall continue to hold office until his successor enters upon his office. 6* * *",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 371,
"details": "10. (1) A casual vacancy in the office of a Director shall be filled by appointment or election, as the case may be, and a Director elected to fill a vacancy shall hold office for the unexpired period of the terms of his predecessor: Provided that it shall not be necessary to fill in a casual vacancy in the office of a Director for a period of less than three months. (2) If a Director is unable to attend the meeting of the Corporation for a period of three months or more, a person shall be appointed to act for such Director during his absence and the person so acting shall be deemed for all purposes to be a Director.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 371,
"details": "11. 7* * * No person shall be or shall continue to be a Director who- (a)\tis or at any time has been adjudged insolvent; (b)\tis found to be a lunatic or of unsound mind; (c)\tis or at any time has been convicted of an offence involving moral turpitude; (d)\tis a minor; or (e)\tabsents himself from three consecutive meetings of the Board without leave of absence granted by the Chairman, or in the case of the Chairman granted by the Government.",
"name": "",
"related_acts": "",
"section_id": 10
},
{
"act_id": 371,
"details": "12A. (1) There shall be an Executive Committee consisting of the Managing Director and the Executive Directors. (2) The Managing Director shall preside over all meetings of the Executive Committee. (3) The Executive Committee shall be responsible for carrying out the decisions of the Board.",
"name": "",
"related_acts": "",
"section_id": 11
},
{
"act_id": 371,
"details": "812. (1) There shall be a Managing Director and such of Executive Directors, not less than three and not more than seven, as the Government may determine. (2) The Managing Director and the Executive Directors shall be appointed by the Government on such terms and conditions as may be determined by the Government. (3) The Managing Director and the Executive Directors shall be whole time officers of the Corporation and shall exercise such powers and perform such functions as may be prescribed or as may be assigned to them by the Board from time to time.",
"name": "",
"related_acts": "",
"section_id": 12
},
{
"act_id": 371,
"details": "13. The Corporation may appoint such officers, consultants, advisers, auditors and employees as it considers necessary for the efficient performance of its functions, on such terms and conditions as it may deem fit.",
"name": "",
"related_acts": "",
"section_id": 13
},
{
"act_id": 371,
"details": "14. The Board may delegate such of its powers and duties as it may deem necessary for the efficient carrying on of its day-to-day administration to- (a)\tthe Managing Director or any 9executive Director; or (b)\tany committee appointed under Article 16; or (c)\tany other officer or servant of the Corporation.",
"name": "",
"related_acts": "",
"section_id": 14
},
{
"act_id": 371,
"details": "15. (1) The meetings of the Board shall be held at such times, and at such places, as may be prescribed by regulations: Provided that a meeting may also be otherwise convened by the Chairman when he so thinks fit. (2) To constitute a quorum at a meeting of the Board not less than 10five Directors including the Chairman shall be present: Provided that no quorum shall be necessary for a meeting previously adjourned for want of quorum or in the case of a meeting certified by the Chairman to be urgent. (3) Each Director, including the Chairman, shall have one vote, and in the event of an equality of votes, the Chairman shall have a casting or a second vote. (4) If, for any reason, the Chairman is unable to preside over a meeting, it shall be presided over by a Director nominated by the Chairman for the purpose, and in default of such nomination, by such Director as the Directors present may choose.",
"name": "",
"related_acts": "",
"section_id": 15
},
{
"act_id": 371,
"details": "16. The Board may from time to time appoint such committees as may be necessary from amongst the 11Directors and Executive Directors to discharge such functions as may be assigned to them by the Board or to assist the Board in the performance of its functions.",
"name": "",
"related_acts": "",
"section_id": 16
},
{
"act_id": 371,
"details": "17. No act or proceedings of the Board shall be invalid by reason only of the existence of any vacancy in, or any defect in the constitution of the Board, or any defect in the appointment or qualification of a Director.",
"name": "",
"related_acts": "",
"section_id": 17
},
{
"act_id": 371,
"details": "18. The Corporation shall have its head office at 12Chittagong and may establish such other offices in Bangladesh and abroad, as the Board thinks fit.",
"name": "",
"related_acts": "",
"section_id": 18
},
{
"act_id": 371,
"details": "19. The Corporation may invest its funds in any securities of the Government and may make such other investments as may be approved by the Board.",
"name": "",
"related_acts": "",
"section_id": 19
},
{
"act_id": 371,
"details": "20. The Corporation may, with the previous sanction of the Government and on such terms and conditions as the Government may approve of, borrow money in Bangladesh or foreign currency.",
"name": "",
"related_acts": "",
"section_id": 20
},
{
"act_id": 371,
"details": "21. (1) The accounts of the Corporation shall be audited by not less than two Auditors who shall be chartered accountants and appointed for the purpose by the Corporation. (2) Every auditor appointed under clause (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 of accounts and other documents of the Corporation, and may in relation to such accounts examine any 13Director, Executive Director or officer of the Corporation. (3) The auditors shall report to the shareholders upon the annual balance sheet and accounts and in the report they shall state whether in their opinion the balance sheet is a full and fair balance sheet containing all necessary particulars and properly drawn up so as to exhibit a true and correct view of the state of the Corporation's affairs, 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 Board, may at any time, issue directions to the auditors requiring them to report it upon the adequacy of measures taken by the Corporation for the protection of the interest of its shareholders and creditors or upon the sufficiency of the information and other means placed at the disposal of the auditors in auditing the accounts of the Corporation. (5) A statement of the accounts audited by the auditors and a report of the Board thereon shall be furnished to the Government by the Corporation as soon as possible after the end of every financial year.",
"name": "",
"related_acts": "",
"section_id": 21
},
{
"act_id": 371,
"details": "22. (1) The annual general meeting of the shareholders shall be held at the head office of the Corporation within six months from the date on which the annual accounts of the Corporation are closed. (2) Any other general meeting of the shareholders may be convened by the Board at any time. (3) The shareholders present at the annual general meeting shall be entitled to discuss and adopt or make recommendations to the Board with regard to 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.",
"name": "",
"related_acts": "",
"section_id": 22
},
{
"act_id": 371,
"details": "23. The Corporation shall furnish to the Government at such time, after the end of every financial year, in such forms and in such manner as may be prescribed by rules an annual report on the conduct of its affairs for that year.",
"name": "",
"related_acts": "",
"section_id": 23
},
{
"act_id": 371,
"details": "24. (1) Out of its earnings, the Corporation shall establish a general reserve fund and create from time to time such other special reserves as the Board may determine. (2) After making provision for interest, taxes, bad and doubtful debts, depreciation of assets, maintenance of reserves and any other matter determined by the Board, the Corporation may declare a dividend out of the profits accruing in a year.",
"name": "",
"related_acts": "",
"section_id": 24
},
{
"act_id": 371,
"details": "25. 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 an order of the Government and in such manner as the Government may direct.",
"name": "",
"related_acts": "",
"section_id": 25
},
{
"act_id": 371,
"details": "26. The Government may, by notification in the official Gazette, make rules for the purpose of giving effect to the provisions of this Order.",
"name": "",
"related_acts": "",
"section_id": 26
},
{
"act_id": 371,
"details": "27. The Board may with the previous sanction of the Government make regulations, not inconsistent with the provisions of this Order and the rules to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Order.",
"name": "",
"related_acts": "",
"section_id": 27
},
{
"act_id": 371,
"details": "28. (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 held responsible for the acts, omissions or inefficiency of any other Director or of any officer or employees of the Corporation resulting in any loss or expense to the Corporation or in deficiency in the value of title to any property or security required or taken on behalf of the Corporation or for anything done by himself in good faith in the execution of the duties of his office.",
"name": "",
"related_acts": "",
"section_id": 28
},
{
"act_id": 371,
"details": "1429. The National Shipping Corporation Ordinance, 1963 (IV of 1963), is hereby repealed.",
"name": "",
"related_acts": "",
"section_id": 29
},
{
"act_id": 371,
"details": "1530. For removal of doubt, it is declared that notwithstanding anything contained in this Order or in any other law for the time being in force,- (a)\tno debt or liability incurred, obligation undertaken, contract entered into or agreement made by or with the National Shipping Corporation established under the National Shipping Corporation Ordinance, 1963 (IV of 1963), shall be deemed to have been transferred to, or incurred, undertaken, entered into or made by or with the Corporation or the Government and no suit or other legal proceeding shall lie against the Corporation or the Government in respect of such debt, liability, obligation, contract or agreement; and (b)\tno suit, appeal or other proceeding pending against the aforesaid National Shipping Corporation shall be deemed to be suit, appeal or proceeding pending or continuing against the Corporation or the Government and no order or decree made in any suit, appeal or other proceeding instituted against the aforesaid Shipping Corporation shall be enforceable against, or binding on, the Corporation or the Government.",
"name": "",
"related_acts": "",
"section_id": 30
}
],
"text": "WHEREAS it is expedient to provide for the establishment of a Corporation for the purpose of ensuring better operation and development of shipping and ocean transport services and for purposes connected therewith; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 372,
"lower_text": [],
"name": "The Bangladesh (Legal Proceedings) Order, 1972 (President's Order)",
"num_of_sections": 4,
"published_date": "7th February, 1972",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 372,
"details": "1. (1) This Order may be called the Bangladesh (Legal Proceedings) Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 372,
"details": "2. In this Order, “legal proceedings” includes suit, case, prosecution, appeal, revision and review.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 372,
"details": "3. Notwithstanding anything contained in any other law for the time being in force, all judgments, decrees or orders passed ex parte by any Court or Tribunal or orders disposing of matters due to default in compliance with any direction of any Court or Tribunal in any legal proceedings at any time after the 1st day of March, 1971, and before the commencement of this Order are hereby declared null and void and the proceedings shall, on the commencement of this Order, continue in accordance with the Law.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 372,
"details": "4. Notwithstanding anything contained in any other law for time being in force, in computing the period of limitation prescribed for any legal proceeding by or under any law, the period between the 1st day of March, 1971 and the 1st day of March, 1972 (both days inclusive), shall be excluded.",
"name": "",
"related_acts": "",
"section_id": 4
}
],
"text": "WHEREAS during the material period there was disruption of normal life and activities throughout Bangladesh; AND WHEREAS due to the reign of terror perpetrated by the Pakistan occupation army people were not able to go to Courts or Tribunals either to institute legal proceedings or to defend them so to comply with directions issued by Courts or Tribunals and as a result many claims and legal rights have become time-barred and many legal proceedings have been disposed of ex parte or in default of compliance with directions of the Courts or Tribunals; AND WHEREAS, for the ends of justice, it is necessary to provide for the saving of limitation for all legal proceedings and for the nullification of all judgments, decrees and orders passed ex parte or in default of compliance with certain directions in certain legal proceedings; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order: -"
} |
{
"id": 373,
"lower_text": [
"1 Clause (1A) was inserted by Article 2 of the Bangladesh Abandoned Property (Control, Management and Disposal) (Amendment) Order, 1972 (President’s Order No. 125 of 1972)",
"2 The words “or the authorised officer” were inserted by Article 2 of the Bangladesh Abandoned Property (Control, Management and Disposal) (Amendment) Order, 1972 (President’s Order No. 125 of 1972)",
"3 The words “or the authorised officer” were inserted by Article 2 of the Bangladesh Abandoned Property (Control, Management and Disposal) (Amendment) Order, 1972 (President’s Order No. 125 of 1972)",
"4 The words “or the authorised officer” were inserted by Article 2 of the Bangladesh Abandoned Property (Control, Management and Disposal) (Amendment) Order, 1972 (President’s Order No. 125 of 1972)",
"5 The words “or the authorised officer” were inserted by Article 2 of the Bangladesh Abandoned Property (Control, Management and Disposal) (Amendment) Order, 1972 (President’s Order No. 125 of 1972)",
"6 The words “or the authorised officer” were inserted by Article 2 of the Bangladesh Abandoned Property (Control, Management and Disposal) (Amendment) Order, 1972 (President’s Order No. 125 of 1972)",
"7 Clause (3) was inserted by section 2 of The Bangladesh Abandoned Property (Control, Management and Disposal) (Amendment) Ordinance, 1976 (Ordinance No. LV of 1976)"
],
"name": "The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order)",
"num_of_sections": 25,
"published_date": "28th February, 1972",
"related_act": [
368
],
"repelled": false,
"sections": [
{
"act_id": 373,
"details": "1. (1) This Order may be called the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 373,
"details": "2. In this Order, unless there is anything repugnant in the subject or context,- (1) “abandoned property” means any property owned by any person who is not present in Bangladesh or whose whereabouts are not known or who has ceased to occupy, supervise or manage in person his property, including- (i) \tany property owned by any person who is a citizen of a State which at any time after the 25th day of March, 1971, was at war with or engaged in military operations against the People's Republic of Bangladesh; (ii) \tany property taken over under the Bangladesh (Taking Over of Control and Management of Industrial and Commercial Concerns) Order, 1972 (Acting President's Order No. 1 of 1972), but does not include- (a)\tany property the owner of which is residing outside Bangladesh for any purpose which, in the opinion of the Government, is not prejudicial to the interest of Bangladesh; (b)\tany property which is in the possession or under the control of the Government under any law for the time being in force. Explanation: “Person who is not present in Bangladesh” includes any body of persons or company constituted or incorporated in the territory or under the laws of a State which at any time after the 25th day of March, 1971, was at war with or engaged in military operations against the People's Republic of Bangladesh; 1(1A) “authorised officer” means an officer authorised by the Government for the purpose of this Order; (2) “Company” includes a banking company and insurance company; (3) “Government” means the Government of the People's Republic of Bangladesh; (4) “prescribed” means prescribed by any rule, order or direction made or given in pursuance of any of the provisions of this Order; (5) “property” means property of any kind, movable or immovable and includes any right or interest in such property and any debt or actionable claim, any security or negotiable instrument, any right under a contract and any industrial or commercial undertaking. Explanation: “Security” includes share, scrip, stock, bond, debenture, debenture stock or other marketable security of a like nature in or of any body corporate and Government security.",
"name": "",
"related_acts": "368",
"section_id": 2
},
{
"act_id": 373,
"details": "3. The provisions of this Order and any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 373,
"details": "4. On the commencement of this Order, all abandoned properties in Bangladesh shall vest in the Government and shall be administered, controlled, managed and disposed of, by transfer or otherwise, in accordance with the provisions of this Order.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 373,
"details": "5. (1) For the purpose of carrying the provisions of this Order into effect, and in particular for the purpose of securing, administration, control, management and disposal, by transfer or otherwise, of abandoned property, the Government may take such measures as it considers necessary or expedient and do all acts and incur all expenses necessary or incidental thereto. (2) Without prejudice to the generality of the foregoing provisions, the Government may, for the said purposes,- (a)\tconstitute one or more Boards for such area or areas or for such abandoned property or such class or classes of abandoned properties and in such manner as may be prescribed; (b)\tappoint an administrator for any abandoned property on such terms and conditions as may be prescribed; (c)\tcarry on the business in respect of any abandoned property; (d)\ttake action for recovering any money in respect of any abandoned property; (e)\tmake any contract and execute any document in respect of any abandoned property; (f)\tinstitute, defend or continue any suit or other legal proceeding, refer any dispute to arbitration and compromise any debts, claims or liabilities arising out of or in connection with any abandoned property; (g)\traise on the security of any abandoned property such loans as may be necessary; (h) \tpay taxes, duties, cesses and rates to the Government or to any local authority in respect of abandoned property; and (i)\ttransfer by way of sale, mortgage or lease, or otherwise dispose of, any abandoned property or any easement, interest, profit or right, present or future, arising therefrom or incidental thereto.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 373,
"details": "6. No person shall, except in accordance with the provisions of this Order or any rules made thereunder, transfer any abandoned property in any manner or create any charge or encumbrance on such property, and any transfer made or charge or encumbrance created in contravention of this Order shall be null and void.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 373,
"details": "7. (1) Where any abandoned property is not in possession of any person, the Deputy Commissioner or the Sub-divisional Magistrate, 2or the authorised officer shall take possession of the property in such manner as may be prescribed. (2) Where any abandoned property is in possession of any person, such person shall, within seven days of the commencement of this Order, surrender such property to the Deputy Commissioner or the Sub-divisional Magistrate, 3or the authorised officer. (3) Where the person in possession of any abandoned property fails to surrender such property as he is required to do under clause (2), the Deputy Commissioner or the Sub-divisional Magistrate, 4or the authorised officer shall serve a notice on him in the prescribed manner requiring him to surrender possession of the property, within seven days of the service of the notice, to the person mentioned in the notice or to show-cause against such surrender within the said period and, if he fails to do so, the Deputy Commissioner or the Sub-divisional Magistrate, 5or the authorised officer shall take possession of the property in such manner as may be prescribed. (4) Where the person on whom a notice is served under clause (3) shows cause, within the period specified in that clause, against the surrender of the abandoned property, the Deputy Commissioner or the Sub-divisional Magistrate, 6or the authorised officer as the case may be, shall, after making such local enquiry as he may consider necessary and after giving the person an opportunity of being heard, pass such order as he deems fit.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 373,
"details": "8. (1) Where any abandoned property consists of shares in any company,- (a)\tthe Government shall be deemed to be the registered holder of such shares and, notwithstanding anything in the memorandum or articles of association of the company or in any agreement or instrument, shall have the same rights in the matter of making a requisition for the convening of a meeting or of presenting a petition to the Court under the provisions of the Companies Act, 1913 (Act VII of 1913) or under any other law or under the articles of association or in any other matter as the person whose shares have vested in the Government had immediately before such vesting; and (b)\tthe Government shall have the power to acquire, at its option, all or a portion of the remaining shares in such company in the prescribed manner on such terms as deems fit. (2) Where under clause (1) the Government becomes the holder of more than fifty per cent of the total number of shares in the company, the Government may, by order in writing,- (a)\tdissolve the Board of Directors of the company; (b)\tremove its Managing Director or any other Director; (c)\tdissolve its Managing Committee, Executive Committee, Advisory Committee or any other Committee or Board; (d)\tremove its General Manager or other Manager; (e)\tterminate any Managing Agency Agreement; (f)\tremove any of its officers or employees; (g)\tconstitute any Board or Committee or appoint any person for its administration and management; and (h)\tgive such directions in respect of its administration and management as it may deem fit. (3) Notwithstanding anything contained in the memorandum or articles of association of a company, the Government may, in respect of a company mentioned in clause (2), by notification in the official Gazette, do all such things which, but for the power conferred by this clause, would have required the passing of a special or extraordinary resolution by the share-holders.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 373,
"details": "9. When any property is vested in the Government under this Order, only such liabilities in respect of such property shall be deemed to be the liabilities in respect of the property as may be determined by such authority and in such manner as may be prescribed.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 373,
"details": "10. (1) The Government may cancel any allotment or terminate any lease or amend the terms of any lease or agreement under which any abandoned property is held, occupied or managed by a person, where such allotment, lease or agreement has been granted or entered into after the 25th day of March, 1971. (2) Where by reason of any action taken under clause (1) any person has ceased to be entitled to possession of any abandoned property he shall, on demand by the Government, surrender possession of such property to the Government or to any person authorised by it in this behalf. (3) If any person fails to surrender possession of any property on demand under clause (2), the Government may eject such person and take possession of such property in such manner as may be prescribed.",
"name": "",
"related_acts": "",
"section_id": 10
},
{
"act_id": 373,
"details": "11. (1) Any amount payable in respect of any abandoned property shall be paid to the Government by the person liable to pay the same. (2) Any person who makes a payment under clause (1) shall be discharged from further liability to pay to the extent of the payment made. (3) Any payment made otherwise than in accordance with clause (1) shall not discharge the person paying it from his obligation to pay the amount due, and shall not affect the right of the Government to enforce such obligation against any such person.",
"name": "",
"related_acts": "",
"section_id": 11
},
{
"act_id": 373,
"details": "12. Where any abandoned property is property in trust for a public purpose of a religious or charitable nature or is a waqf, the property shall remain vested in the Government only until such time as fresh trustees or mutwallis are appointed by the Government, and pending the appointment of fresh trustees or mutwallis the property and the income thereof shall be applied by the Government for fulfilling, as far as possible, a charitable purpose.",
"name": "",
"related_acts": "",
"section_id": 12
},
{
"act_id": 373,
"details": "13. (1) Where any abandoned property consists of shares in a joint property, business or firm, and if the shares vested in the Government constitute the greater part of such joint property, business or firm, reckoned according to the value of the whole, the Government may take possession and assume control and management of the whole of such property, business or firm. (2) Notwithstanding the provision of clause (1), the Government shall, on an application being made in this behalf by all or any of the persons whose shares have not vested in the Government, partition such property, if capable of being partitioned, and determine the share or shares of such person or persons.",
"name": "",
"related_acts": "",
"section_id": 13
},
{
"act_id": 373,
"details": "14. (1) Any property vested in the Government under this Order shall be exempt from all legal process, including seizure, distress, ejectment, attachment or sale by any officer of a Court or any other authority, and no injunction or other order of whatever kind in respect of such property shall be granted or made by any Court or any other authority, and the Government shall not be divested or dispossessed of such property by operation of any law for the time being in force. (2) Any such legal process as aforesaid subsisting immediately before the commencement of this Order shall cease to have effect on such commencement and all abandoned properties in custody of any Court, receiver, guardian or other person or persons appointed by it, shall upon delivery of the same being called for by the Government, be delivered to the Government. 7(3) No Court shall pass an order in any suit or proceeding granting a temporary or ad-interim injunction restraining the Government or the Deputy Commissioner or the Sub-divisional Magistrate or the authorised officer, or any other officer or person acting under the authority, orders or directions of any of them, from taking possession of any property if any notice under, or purported to be under, any provision of this Order has been served upon any person requiring or directing him to surrender possession of such property, and any such order passed by any Court before the commencement of the Bangladesh Abandoned Property (Control, Management and Disposal) (Amendment) Ordinance, 1976 (LV of 1976), shall stand vacated and cease to have effect.",
"name": "",
"related_acts": "",
"section_id": 14
},
{
"act_id": 373,
"details": "15. (1) Any person claiming any right or interest in any property treated by Government as abandoned property may make an application to the prescribed authority on the ground thatÔÇö (a)\tthe property is not abandoned property; or (b) \this interest in the property has not been affected by the provisions of this Order. (2) An application under clause (1) shall be made within three months of the date of the commencement of this Order. (3) On receiving an application under clause (2), the authority to which the application is made shall hold a summary inquiry in the prescribed manner and, after taking such evidence as may be produced, shall pass an order, stating the reasons therefore, rejecting the application or allowing it, wholly or in part, on such terms and conditions as it thinks fit to impose.",
"name": "",
"related_acts": "",
"section_id": 15
},
{
"act_id": 373,
"details": "16. (1) Any person aggrieved by an order passed under Article 7 or Article 15 of this Order may, within one month of such order, file an appeal before such authority as may be prescribed. (2) The Government may, either of its own motion or on application, at any time, revise any order passed under Article 7 or Article 15 or clause (1) of this Article.",
"name": "",
"related_acts": "",
"section_id": 16
},
{
"act_id": 373,
"details": "17. (1) Any person who has been in unauthorised possession of any abandoned property shall be liable to pay such compensation for such unauthorised possession as may be assessed by such authority and in such manner as may be prescribed. (2) Any person who has caused damage to or disposed of the whole or a part of any abandoned property shall be liable to pay such compensation as may be assessed by such authority and in such manner as may be prescribed.",
"name": "",
"related_acts": "",
"section_id": 17
},
{
"act_id": 373,
"details": "18. (1) The Government shall maintain a separate account of each abandoned property in such manner as may be prescribed and shall cause to be made entries therein of all receipts and expenditures in respect thereof. (2) The Government shall cause the accounts of the abandoned properties to be inspected and audited in the prescribed manner.",
"name": "",
"related_acts": "",
"section_id": 18
},
{
"act_id": 373,
"details": "19. Without prejudice to the provisions of Article 17, any person who wilfully causes damage to, or disposes of the whole or a part of, any abandoned property or allows damage to be caused to, or disposal of the whole or a part of, any abandoned property shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.",
"name": "",
"related_acts": "",
"section_id": 19
},
{
"act_id": 373,
"details": "20. Any person who fails to surrender any abandoned property as required under clause (2) or clause (3) of Article 7 or Article 10 shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.",
"name": "",
"related_acts": "",
"section_id": 20
},
{
"act_id": 373,
"details": "21. No provision of law relating to the winding up of companies or banks or business or dissolution of firms shall apply to any company, bank, business or firm vested in the Government as abandoned property under this Order, and such company, bank, business or firm shall not be wound up or dissolved save by order of the Government and in such manner as it may direct.",
"name": "",
"related_acts": "",
"section_id": 21
},
{
"act_id": 373,
"details": "22. The Government may, by order published in the official Gazette, direct that any power or duty which is conferred or imposed by this Order upon the Government shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by any officer or authority subordinate to it.",
"name": "",
"related_acts": "",
"section_id": 22
},
{
"act_id": 373,
"details": "23. No suit, prosecution or other legal proceeding shall lie against the Government or any person for anything which is in good faith done or indented to be done under this Order or the rules made thereunder.",
"name": "",
"related_acts": "",
"section_id": 23
},
{
"act_id": 373,
"details": "24. Anything done, any action taken or any order passed under this Order shall not be called in question in any court.",
"name": "",
"related_acts": "",
"section_id": 24
},
{
"act_id": 373,
"details": "25. The Government may make rules for carrying out the purposes of this Order.",
"name": "",
"related_acts": "",
"section_id": 25
}
],
"text": "WHEREAS it is expedient to make provisions for the control, management and disposal of certain property abandoned by certain persons who are not present in Bangladesh or whose whereabouts are not known or who have ceased to occupy or supervise or manage in person their property, or who are enemy aliens; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, 1971, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 374,
"lower_text": [],
"name": "The Bangladesh (Adaptation of Insurance Act) Order, 1972 (President's Order)",
"num_of_sections": 7,
"published_date": "",
"related_act": [
175
],
"repelled": false,
"sections": [
{
"act_id": 374,
"details": "1. (1) This Order may be called the Bangladesh (Adaptation of Insurance Act) Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once and shall be deemed to have taken effect on the 16th day of December, 1971.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 374,
"details": "2. The Insurance Act, 1938 (Act IV of 1938), hereinafter referred to as the said Act, shall, until repealed, altered or amended by the Legislature of Bangladesh or by any other competent authority, be subject to the adaptation specified in the following Articles.",
"name": "",
"related_acts": "175",
"section_id": 2
},
{
"act_id": 374,
"details": "3. In the said Act, reference to “Central Government” or “Provincial Government” shall, except where the context otherwise requires, be construed as reference to “Government of Bangladesh”.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 374,
"details": "4. In the said Act, reference to “Pakistan” or “Province” shall, except where the reference occurs in any citation or description of any law and except where the context otherwise requires, be construed as reference to “Bangladesh”.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 374,
"details": "5. In the said Act, reference to “Central Legislature” or “Provincial Legislature” shall, except where the context otherwise requires, be construed as reference to “Legislature of Bangladesh”.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 374,
"details": "6. In the said Act, reference to “State Bank of Pakistan” shall, except where the context otherwise requires, be construed as reference to “Bangladesh Bank”.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 374,
"details": "7. In the said Act, reference to “Federation” shall, except where the context otherwise requires, be construed as reference to, “People's Republic of Bangladesh”.",
"name": "",
"related_acts": "",
"section_id": 7
}
],
"text": "WHEREAS it is expedient to adapt the Insurance Act, 1938 (Act IV of 1938), in its application to Bangladesh; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 375,
"lower_text": [
"1 Article 10 was inserted by Article 2 of the Bangladesh Bank (Demonetisation of Currency Notes) (Amendment) Order, 1972 (President’s Order No. 119 of 1972)"
],
"name": "The Bangladesh Bank (Demonetisation of Currency Notes) Order, 1972 (President's Order)",
"num_of_sections": 10,
"published_date": "4th March, 1972",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 375,
"details": "1. This Order shall come into force at once and shall take effect notwithstanding anything inconsistent therewith in any other law for the time being in force.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 375,
"details": "2. All Pakistan currency notes of Rs. 50 denomination, which were made legal tender in Bangladesh in pursuance of Bangladesh Bank (Temporary) Order, 1971, dated the 25th December 1971, made and promulgated by the Acting President of the People's Republic of Bangladesh, shall on the 5th March, 1972, cease to be legal tender within the meaning of the State Bank of Pakistan Act, 1956 (XXXIII of 1956) as adapted in Bangladesh.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 375,
"details": "3. All holders of currency notes specified in paragraph 2 shall surrender them to any of the branches of the scheduled banks or to any Head Post Office and Departmental Sub-Post Office in Bangladesh on the following dates:- Monday the 6th March, 1972 Tuesday the 7th March, 1972 Wednesday the 8th March, 1972 whereafter these currency notes shall not be accepted.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 375,
"details": "4. Branches of the scheduled banks and collecting agencies mentioned in paragraph 3 shall record the name and address of the person surrendering them and value of such currency notes and shall give a proper receipt to the person surrendering them.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 375,
"details": "5. (1) The Government of the People's Republic of Bangladesh shall set up a committee or committees as it may deem fit and such committee or committees shall decideÔÇö (a)\twhich of the currency notes surrendered under paragraph 3 were illegally acquired or illegally removed from the former State Bank of Pakistan or any of its branches or from any office or branch of any other bank or any Government Treasury; and (b)\twhether any person surrendering any such currency notes has evaded any tax payable to the Government. (2) A committee or committees so appointed may frame rules and regulations or may issue such directives as it may deem necessary for the performance of its function. (3) The committee may exempt tenders of demonetised notes of any specific amount or tenders made by any category of persons exempt from scrutiny. (4) The decision of a committee under sub-paragraphs (1), (2) and (3) shall be final.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 375,
"details": "6. A person who has surrendered any currency notes under paragraph 3 shall on production of the receipt issued to him under paragraph 4, be entitled to receive, on such dates as may be notified by the Bangladesh Bank in the official Gazette or otherwise, the amount equivalent to the value of the currency notes so surrendered by him from such bank or agency as may be mentioned in the notification, provided - (a) \tthe currency notes surrendered by him have not been found by the committee to have been illegally acquired or illegally removed from any branches of the former State Bank of Pakistan or from any office or branch of any other bank or from any Government Treasury; and (b) \tsuch person has been found by the committee not to have evaded any tax payable to the Government.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 375,
"details": "7. The Government of the People's Republic of Bangladesh and/or Bangladesh Bank, for the purpose of this Order, may make such rules or issue such directives to such person or authority as it may deem necessary, and it would be mandatory for such persons or authority to execute such rules or directives as may be issued by the Government or Bangladesh Bank under this clause.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 375,
"details": "8. No provision of this Order, nor any action taken thereunder, shall be called in question by or before any court of law.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 375,
"details": "9. Whoever fails to take any action required of him by this Order or by any rule made or direction issued under paragraph 7 or furnishes false information to the person receiving the surrendered currency notes or to the committee set up under paragraph 5 of this Order shall be punishable with rigorous imprisonment which may extend to three years' or with fine or with both.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 375,
"details": "110. Notwithstanding anything contained in this Order or any other Order or Law in force, the Bangladesh Bank may with the approval of the Government pay exchange value of demonetised Pakistani Currency Notes of Rs. 50 denomination, which were held by Courts or Customs Authorities (including those of Indian Courts and Customs Authorities seized between the 26th of March, 1971 and 16th December, 1971) as alamats or exhibit or as pieces of evidence and were released after the 8th of March, 1972, subject to production of evidence to the satisfaction of the authorities concerned.",
"name": "",
"related_acts": "",
"section_id": 10
}
],
"text": "WHEREAS large quantity of currency notes has been illegally removed by Pakistan occupation forces, from the Government Treasuries, former State Bank of Pakistan and from offices and branches of banks located in Bangladesh before their surrender to the Allied Armed Forces; AND WHEREAS such illegally acquired currency notes are likely to have been passed on by them to be used for activities prejudicial to the National Economy; AND WHEREAS it is expedient to withdraw from circulation currency notes of certain denomination; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, 1971, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Order:-"
} |
{
"id": 376,
"lower_text": [],
"name": "The Bangladesh Constituent Assembly Members (Cessation of Membership) Order, 1972 (P.O.)",
"num_of_sections": 5,
"published_date": "23rd March, 1972",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 376,
"details": "1. (1) This Order may be called the Bangladesh Constituent Assembly Members (Cessation of Membership) Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 376,
"details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a)\t“Constituent Assembly” means the Constituent Assembly of Bangladesh; and (b)\t“Political Party” includes a group or combination of persons who operate within or outside the Constituent Assembly under a distinctive name or hold themselves out as a group distinct from other groups for the purpose of propagating any political opinion or engaging in any other political activity.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 376,
"details": "3. (1) If any person who is a Member of the Constituent Assembly on the basis of an election in which he was a candidate on the basis of his having been nominated and granted a ticket by a political party,- (i) \tresigns from it; or (ii) \tis expelled by such political party; he shall cease to be a member of the Constituent Assembly for the unexpired period of his term as such member. (2) The Speaker of the Constituent Assembly, and till such time as there is a Speaker, the Secretary of the Constituent Assembly, shall, upon receipt by him of a notice in writing from the Secretary of the political party concerned of the resignation or of the order of expulsion made by the political party in respect of the member concerned, notify in the official Gazette the cessation of membership of the member concerned, who shall cease to be a member of the Constituent Assembly from the date of such notification. (3) The notice served by the Secretary of the political party concerned under clause (2) of the resignation or the order of expulsion shall be conclusive evidence of such resignation or such expulsion and no Court, Tribunal or body shall have power to enquire into the validity of such resignation, or the order of expulsion or any proceedings upon which it is based.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 376,
"details": "4. For removal of doubt it is declared that a person who ceases to be a member of the Constituent Assembly under the provisions of this Order shall not be disqualified from being a candidate in any election to fill a seat in such Assembly provided that he is not disqualified from doing so under any other law.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 376,
"details": "5. No Court shall call into question any order passed or any action taken on this Order.",
"name": "",
"related_acts": "",
"section_id": 5
}
],
"text": "WHEREAS the system of parliamentary democracy is based on the effective functioning of political parties and it is in the interest of such functioning that a person who has become a member of the Constituent Assembly on the basis of elections in which he was a candidate on the basis of his having been nominated and granted a ticket by a political party should cease to be such member upon his resignation or expulsion from such political party; AND WHEREAS it is expedient to make certain provisions in that behalf; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 377,
"lower_text": [
"1 The words “whichever is earlier” were omitted by Article 2 of the Bangladesh Banks (Nationalisation)(Amendment) Order, 1972 (President’s Order No. 38 of 1972)",
"2 Clause 1 was substituted by section 2 of the Bangladesh Bank (Nationalisation) (Amendment) Act, 2003 (Act No. X of 2003)",
"3 The colon (:) was substituted for the full-stop (.) and the proviso was inserted by section 2 of the Bangladesh Banks (Nationalisation) (Amendment) Act, 1980 (Act No. VI of 1980)",
"4 Clause 2 was substituted by section 2 of the Bangladesh Bank (Nationalisation) (Amendment) Act, 2003 (Act No. X of 2003)",
"5 Articles 7A and 7B were inserted by Article 2 of the Bangladesh Banks (Nationalisation) (Second Amendment) Order, 1972 (President’s Order No. 132 of 1972)",
"6 The commas and words “, subject to such general or special orders as the Government may give it from time to time,” were inserted by Article 2 of the Bangladesh Banks (Nationalisation) (Second Amendment) Order, 1972 (President’s Order No. 132 of 1972)",
"7 Clause (2) was substituted by section 2 of the Bangladesh Banks (Nationalisation) (Amendment) Act, 1974 ( Act No. XX of 1974)",
"8 The commas and words “, who shall be the Chairman of the Board,” were omitted by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)",
"9 Clause 1 was substituted by section 3 of the Bangladesh Bank (Nationalisation) (Amendment) Act, 2003 (Act No. X of 2003)",
"10 Clause 3 was added by section 3 of the Bangladesh Bank (Nationalisation) (Amendment) Act, 2003 (Act No. X of 2003)",
"11 Article 11A was inserted by section 2 of the Bangladesh Banks (Nationalisation) (Amendment) Ordinance, 1983 (Ordinance No. LIX of 1984)",
"12 Clause 1 was substituted by section 4 of the Bangladesh Bank (Nationalisation) (Amendment) Act, 2003 (Act No. X of 2003)",
"13 Clause 3 was added by section 4 of the Bangladesh Bank (Nationalisation) (Amendment) Act, 2003 (Act No. X of 2003)",
"14 Article 12 was substituted by section 2 of the Bangladesh Banks (Nationalisation) (Amendment) Ordinance, 1977 (Ordinance No. XII of 1977)",
"15 Clause (aa) was added by section 5 of the Bangladesh Bank (Nationalisation) (Amendment) Act, 2003 (Act No. X of 2003)",
"16 Clause (f) was added by section 5 of the Bangladesh Bank (Nationalisation) (Amendment) Act, 2003 (Act No. X of 2003)",
"17 Article 15A was inserted by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)",
"18 Article 21A was inserted by section 2 of the Bangladesh Banks (Nationalisation) (Amendment) Ordinance, 1978 (Ordinance No. XXXIX of 1978)",
"19 The words “other provisions of this Article and” were inserted by section 2 of the Bangladesh Banks (Nationalisation) (Amendment) Ordinance, 1977 (Ordinance No. XXVIII of 1977)",
"20 The commas and words “, unless altered by the Government in the interest of equity and uniformity,” were inserted by Article 2 of the Bangladesh Banks (Nationalisation) (Second Amendment) Order, 1972 (President’s Order No. 132 of 1972)",
"21 Clause (6) was inserted by section 2 of the Bangladesh Banks (Nationalisation) (Amendment) Ordinance, 1977 (Ordinance No. XXVIII of 1977)",
"22 The words, comma, figures, brackets and letters “Bangladesh Chartered Accountants Order, 1973 (President’s Order No. 2 of 1973)” were substituted for the words, comma, figures and brackets “Chartered Accountants Ordinance, 1961 (Ordinance X of 1961)” by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)",
"23 The word “Board” was substituted for the word “Government” by section 6 of the Bangladesh Bank (Nationalisation) (Amendment) Act, 2003 (Act No. X of 2003)",
"24 Clause 5 was substituted by section 6 of the Bangladesh Bank (Nationalisation) (Amendment) Act, 2003 (Act No. X of 2003)",
"25 Clause (6) was inserted by Article 2 of the Bangladesh Banks (Nationalisation) (Second Amendment) Order, 1972 (President’s Order No. 132 of 1972)",
"26 Article 27A was inserted by section 2 of the Bangladesh Banks (Nationalisation) (Amendment) Ordinance, 1983 (Ordinance No. XLVII of 1983)",
"27 The words and comma “Chairman, Managing Director” were substituted for the words “Managing Director” by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)",
"28 The colon (:) was substituted for the full stop (.) and the proviso was inserted by Article 2 of the Bangladesh Banks (Nationalisation) (Second Amendment) Order, 1972 (President’s Order No. 132 of 1972)"
],
"name": "The Bangladesh Banks (Nationalisation) Order, 1972 (President's Order)",
"num_of_sections": 38,
"published_date": "26th March, 1972",
"related_act": [
442,
596,
306
],
"repelled": false,
"sections": [
{
"act_id": 377,
"details": "1. (1) This Order may be called the Bangladesh Bank (Nationalisation) Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 377,
"details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a)\t“Bangladesh Bank” means the Bangladesh Bank established by the Bangladesh Bank (Temporary) Order, 1971 (A. P. O. No. 2 of 1971); (b)\t“Board” means the Board of Directors of a new bank; (c)\t“Chairman” means the Chairman of the Board; (d)\t“Director” means a Director of a new bank; (e)\t“existing bank” means a bank specified in column 1 of the Schedule; (f)\t“Government” means the Government of the People's Republic of Bangladesh; (g)\t“Managing Director” means the Managing Director of a new bank; (h)\t“New bank” means a bank specified in column 2 of the Schedule; (i)\t“prescribed” means prescribed by rules or regulations made under this Order; (j)\t“Schedule” means the Schedule to this Order.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 377,
"details": "3. The provisions of this Order and any rule or regulation made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 377,
"details": "4. (1) On the commencement of this Order, there shall be constituted such new banks as are specified in column 2 of the Schedule. (2) Every new bank shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Order, to acquire, hold and dispose of property, and to contract, and may sue and be sued in its name. (3) Notwithstanding anything contained in this Order, every new bank may, until the 30th day of April, 1972, or until such time as the Government may, by notification in the official Gazette, fix, 1* * *, use the name and seal of the existing bank concerned. (4) The head office of every new bank shall be at Dacca.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 377,
"details": "5. 2 (1) The paid-up capital and reserve capital of every new bank shall be not less than, that required to be maintained under section 13 of ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন) which shall be subscribed by the Government in such form and manner as may be determined by the Government 3 : Provided that the Government may, by notification in the official Gazette, increase, from time to time, the amount of authorised capital or subscribed capital or both of any new bank if such increase is considered necessary in the interest of the business of the bank. 4 (2) The entire capital of each new bank shall stand vested in, and allotted to, the Government.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 377,
"details": "6. On the commencement of this Order, the undertaking of every existing bank shall be transferred to and shall vest in, the new bank specified against such bank in column 2 of the Schedule.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 377,
"details": "57A. Notwithstanding anything contained in Article 6 or 7, the undertaking shall not embrace and shall be deemed never to have embraced liabilities and obligations of whatever kind of existing bank whereunder such existing banks undertook liability (whether absolutely or otherwise) to do or carry out or procure the carrying out of acts or things outside Bangladesh, or the transfer or remission from outside Bangladesh to the territory of Bangladesh or to persons normally resident or carrying on business within that territory of any assets or property (including documents, cash, funds or choses in action).",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 377,
"details": "7B. Nothing in Article 6 or Article 7 shall divest or be deemed to have divested existing banks of any liabilities or obligations referred to in Article 7A.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 377,
"details": "7. (1) The undertaking of each existing bank shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances, reserve funds, investments and all other rights and interests in, or arising out of, such property as were immediately before the commencement of this Order in the ownership, possession, power or control of the existing bank in relation to the undertaking within the territory of Bangladesh or in relation to the business of such undertaking outside Bangladesh, and all books of accounts, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the existing bank in relation to the undertaking within the territory of Bangladesh. (2) If, according to the laws of any country outside Bangladesh, the provisions of this Order by themselves are not effective to transfer or vest any asset situated in that country which forms part of the undertaking of an existing bank to, or in, the corresponding new bank, the affairs of the existing bank in relation to such asset shall, on and from the commencement of this Order, stand entrusted to the chief executive officer for the time being, of the new bank concerned, and the chief executive officer may exercise all powers and do all such acts and things as may be exercised or done by the existing bank for the purpose of effectively transferring such assets. (3) The chief executive officer of the corresponding new bank shall, in exercise of the powers conferred on him by clause (2), take all such steps as may be required by the laws of any such country outside Bangladesh for the purpose of effecting such transfer or vesting, and may either himself or through any person authorised by him in this behalf realise any asset of the existing bank. (4) Unless otherwise expressly provided by this Order, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the commencement of this Order and to which the existing bank is a party or which are in favour of the existing bank shall be of as full force and effect against or in favour of the corresponding new bank, and may be enforced or acted upon as fully and effectually as if in the place of the existing bank the corresponding new bank had been a party thereto or as if they had been issued in favour of the corresponding new bank. (5) If any suit, appeal or other proceeding of whatever nature in relation to any business of the undertaking which has been transferred under Article 6 is pending by or against the existing bank, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the undertaking of the existing bank or of anything contained in this Order but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the corresponding new bank.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 377,
"details": "8. (1) The Government shall give compensation to each existing bank for acquisition of such of its undertaking as has not already vested in Government by or under any law, and such compensation shall be distributed among the shareholders of the existing bank in the manner prescribed by rules made under this Order: Provided that the total compensation payable to an existing bank under this clause shall not exceed the total paid up value of the shares held by the shareholders, among whom such compensation is to be distributed. (2) The compensation payable under clause (1) shall be determined and paid in such form and manner as may be prescribed by rules made under this Order.",
"name": "",
"related_acts": "",
"section_id": 10
},
{
"act_id": 377,
"details": "9. (1) The general superintendence, direction and management of the affairs and business of a new bank shall vest in a Board of Directors which shall 6, subject to such general or special orders as the Government may give it from time to time, be entitled to exercise all such powers and do all such acts and things as the new bank is authorised to exercise and do. 7(2) Until the first Board of Directors is appointed by the Government under Article 10, the Managing Director appointed under Article 11 shall, subject to such general or special orders as the Government may give from time to time, exercise all powers, do all acts and things as may be exercised or done by the Board.",
"name": "",
"related_acts": "",
"section_id": 11
},
{
"act_id": 377,
"details": "10. The Board shall consist of the Managing Director 8* * * and six Directors to be appointed by the Government at least three of whom shall be from amongst persons who, in the opinion of the Government, have had experience and shown capacity in the field of finance, banking, trade, commerce, industry or agriculture.",
"name": "",
"related_acts": "",
"section_id": 12
},
{
"act_id": 377,
"details": "11. 9(1) The Managing Director shall be appointed by the Government in consultation with Bangladesh Bank, on such terms and conditions as the Government may determine. (2) The Managing Director shall- (a)\tbe a whole-time officer and the chief executive of the bank; (b)\texercise such powers, perform such functions and discharge such duties as may be entrusted by the Government or as may be prescribed or as may be assigned by the Board from time to time. 10(3) The Government, in consultation with the Bangladesh bank, may remove the Managing Director from his office, if he – (a)\tbecomes incapable of performing his duties; or (b)\thas done any act which is manifestly detrimental to the interest of the bank; or (c)\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 (d)\thas been sentenced by a Court for a term of imprisonment exceeding one year; or (e)\tfound to be a lunatic or of unsound mind; or (f)\tis or at any time has been adjudicated insolvent; or (g)\thas defaulted in payment of dues of banks and financial institutions; or (h)\tabsents himself from three consecutive meetings of the Board without leave of absence granted by the Chairman.",
"name": "",
"related_acts": "",
"section_id": 13
},
{
"act_id": 377,
"details": "1111A. 12(1) The Government may appoint one or more Deputy Managing Directors for each new bank in consultation with Bangladesh Bank, on such terms and conditions as it may determine and may transfer a Deputy Managing Director of a new bank as the Deputy Managing Director of any other new bank. (2) The Deputy Managing Director shall- (a)\tbe a whole-time officer of the new bank; (b)\texercise such powers, perform such functions and discharge such duties as may be entrusted by the Government or as may be prescribed or as may be assigned by the Board from time to time. 13(3) The Government, in consultation with Bangladesh Bank, may remove any Deputy Managing Director from his office if he becomes incapable of performing his duties, or has done any act which is manifestly detrimental to the interest of the bank.",
"name": "",
"related_acts": "",
"section_id": 14
},
{
"act_id": 377,
"details": "1412. (1) Subject to other provisions of this Order, a Director, other than the Managing Director, shall hold office for a term of three years and shall be eligible for re-appointment. (2) The authority which appointed a Director may at any time remove him from office without assigning any reason and appoint in his stead another person to fill the vacancy.",
"name": "",
"related_acts": "",
"section_id": 15
},
{
"act_id": 377,
"details": "13. No person shall be, or shall continue to be a Director who- (a)\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 15(aa) \thas been sentenced by a court for a term of imprisonment exceeding one year; or (b)\tis a minor; (c)\tis found to be a lunatic or of unsound mind; (d)\tis or at any time has been adjudicated insolvent; or (e)\tabsents himself from three consecutive meetings of the Board without leave of absence granted by the Chairman or, in the case of the Chairman, by the Government 16; (f)\thas defaulted in payment of dues of banks and financial institutions.",
"name": "",
"related_acts": "",
"section_id": 16
},
{
"act_id": 377,
"details": "14. (1) If a Director becomes subject to any of the disqualifications specified in Article 13, he shall be deemed to have vacated his office as such and thereupon his office shall become vacant. (2) A Director may resign his office by giving notice thereof in writing to the Government and on such resignation being accepted by the Government shall be deemed to have vacated his office. (3) Where any vacancy occurs in the office of a Director, it shall be filled in accordance with Article 10.",
"name": "",
"related_acts": "",
"section_id": 17
},
{
"act_id": 377,
"details": "15. A Director, other than the Managing Director, shall be paid such fees for attending the meetings of the Board or of any committee of the Board as may be prescribed by regulation.",
"name": "",
"related_acts": "",
"section_id": 18
},
{
"act_id": 377,
"details": "1715A. (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 the terms of his office as Director and shall be eligible for re-appointment. (3) In the event of a casual vacancy in the office of the Chairman a successor shall be appointed by the Government from amongst the Directors for the unexpired term or for the period of absence, as the case may be, but the person so appointed shall not hold office beyond the date of expiry of the term of office of his predecessor.",
"name": "",
"related_acts": "",
"section_id": 19
},
{
"act_id": 377,
"details": "16. The Board may constitute from amongst its Directors such committees as it may deem necessary to assist it in the discharge of its functions.",
"name": "",
"related_acts": "",
"section_id": 20
},
{
"act_id": 377,
"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 a meeting may also be otherwise convened by the Chairman when he so thinks fit and shall be convened if two or more Directors so request in writing addressed to the Chairman: Provided further that a meeting of the Board shall be held at least once in every three months. (2) To constitute a quorum at a meeting of the Board not less than three Directors shall be present. (3) At a meeting of the Board each Director shall have one vote, and in the event of equality of votes the Chairman shall have a second or casting vote. (4) No Director shall vote on any matter in which he is directly or indirectly interested. (5) If for any reason the Chairman is unable to be present at a meeting of the Board, a Director authorised in writing by the chairman shall preside at the meeting.",
"name": "",
"related_acts": "",
"section_id": 21
},
{
"act_id": 377,
"details": "18. Every Director shall, before entering upon his office, make a declaration of fidelity and secrecy in such form as may be prescribed.",
"name": "",
"related_acts": "",
"section_id": 22
},
{
"act_id": 377,
"details": "19. (1) All acts done by the Managing Director of any new bank, acting in good faith, shall, notwithstanding any defect in his appointment or in the procedure, be valid. (2) No act or proceeding of any Board shall be invalid merely on the ground of the existence of any vacancy in, or defect in, the constitution of such Board. (3) All acts done by a person acting in good faith as a Director of any new bank shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect or disqualification or had terminated by virtue of any provision contained in any law for the time being in force: Provided that nothing in this Article shall be deemed to give validity to any act by a Director after his appointment has been shown to be invalid or to have terminated.",
"name": "",
"related_acts": "",
"section_id": 23
},
{
"act_id": 377,
"details": "20. (1) The Managing Director and every officer or other employee of any new bank shall be indemnified by such bank against all losses and expenses incurred by him in or in relation to the discharge of his duties except such as have been caused by his own wilful act or default. (2) A Director of any new bank shall be responsible for any loss or expense caused to such bank by the insufficiency or deficiency of the value of, or title to, any property or security acquired or taken on behalf of such bank, or by the insolvency or wrongful act of any customer or debtor, or by anything done in or in relation to the execution of the duties of his office, unless such loss, expense, insufficiency or deficiency was due to any wilful act or default on the part of such Director.",
"name": "",
"related_acts": "",
"section_id": 24
},
{
"act_id": 377,
"details": "21. (1) Every new bank shall carry on and transact all kinds of banking business. (2) Without prejudice to the generality of the foregoing provision, every new bank may, in particular, carry on and transact the following kinds of business, namely:- (a)\tadvancing and lending of money, and opening of cash credits upon the security of- (i)\tstocks, funds and securities in which a trustee is authorised to invest trust money by any law for the time being in force; (ii)\tdebentures or other securities for money issued under the authority or any law for the time being in force or under the authority of the Government; (iii)\tgoods which, or the documents of title to which, are deposited with or assigned to, the bank as security for such advances, loans or credits; (iv)\tdebentures of companies with limited liability, subject to such directions as may be issued by the Board; (v)\tshares of companies with limited liability, in accordance with such directions in this regard as may be issued from time to time by the Bangladesh Bank; (vi)\tgoods, including tea crops and raw or finished jute products which are hypothecated to the bank as security for such advances, loans or credits; (vii) \taccepted bills of exchange and promissory notes endorsed by the payees; (viii) \timmovable property or documents of title relating thereto, subject to such directions as may be issued from time to time by the Bangladesh Bank: Provided that any advances or loans which are guaranteed by the Government may be made without any specified security. (b)\tselling and realisation of proceeds or sale of any such promissory notes, debentures, stock receipts, bonds, annuities, stocks, shares, securities or goods which, or the documents of title to which, have been deposited with, or pledged, hypothecated, assigned or transferred to, the bank as security for such advances, loans or credits or which are held by the bank or over which the bank is entitled to any lien or charge in respect of any such advance or loan or credit or any debt or claim of the bank, and which have not been redeemed in accordance with the terms and conditions, if any, of such deposits, pledge, hypothecation, assignment or transfer; (c)\tadvancing and lending of money to Courts of Wards upon the security of estates in their charge or under their superintendence and the realisation of such advances or loans and any interest due thereon; (d)\tissuing of letters of credit; (e)\tbuying and selling of gold and silver whether coined or uncoined; (f)\treceiving of deposits and keeping cash accounts and accepting of jewelleries, title deeds, and other valuable goods on such terms as may be agreed on; (g) \tmanaging, selling and realising of all properties, whether movable or immovable, which may in any way come into the possession of the bank in satisfaction or part satisfaction of any of its claims, and the acquisition and holding of, and generally the dealing with, any right, title or interest in any property, movable or immovable, which may be the bank's security for any advance or loan may be connected with any such security; (h)\ttransacting of pecuniary agency business on commission and entering into contracts of indemnity, suretyship or guarantee with specific security or otherwise and the underwriting, participation in, and carrying out of the issue of any stocks, shares, debentures and other securities; (i)\tadministration of estates for any purpose whether as an executor, trustee or otherwise and the acting as agent on commission in the transaction of the following kinds of business, namely:- (i)\tbuying, selling, transferring and taking charge of any security or any share in any public company and also receiving the proceeds thereof, whether principal, interest or dividend; (ii)\tremittance of such proceeds by public or private bills of exchange, payable either in Bangladesh or elsewhere; (j) \tdrawing of bills of exchange and the granting of letters of credit payable out of Bangladesh; (k)\tbuying of bills of exchange payable out of Bangladesh; (l) \tborrowing of money for the purpose of the bank's business, and the giving of security for money so borrowed by pledging assets or otherwise; (m)\tpaying, receiving, collecting and remitting money, bullion and securities under any agreement with the Bangladesh Bank as its agent on behalf of the Government, or undertaking and transacting any business which the Bangladesh Bank may from time to time entrust to it; (n) \testablishing and discontinuing of branches and agencies; (o) \tacquiring, maintaining and transferring of the bank's residential and business premises; (p)\ttaking over of the business, including the capital, assets and liabilities of any other bank, with the sanction of the Government; (q)\tgranting of advances or loans to any other bank for any purpose authorised by the Board; (r) \twith the previous permission of the Bangladesh Bank:- (i)\tinvesting of the funds of the bank in any bank incorporated outside Bangladesh, and (ii)\tparticipation in the management and administration of any such bank in which the funds of the bank have been invested; and (s) \tgenerally doing of all such matters and things as may be incidental or subsidiary or conducive to the promotion or advancement of the business or the bank, including foreign exchange business. (3) Notwithstanding anything contained in clauses (1) and (2), the bank may carry on and transact such other business as the Government or the Bangladesh Bank may direct from time to time.",
"name": "",
"related_acts": "",
"section_id": 25
},
{
"act_id": 377,
"details": "1821A. (1) A new bank may, if the Government so directs, take over the business of any bank which has vested in the Government under section 3 of the Enemy Property (Continuance of Emergency Provisions) (Repeal) Act, 1974 (XLV of 1974) or under any other law, hereinafter referred to as the vested bank. (2) Notwithstanding anything contained in any other law for the time being in force, the business of a vested bank taken over by a new bank on the direction of the Government at any time before the commencement of the Bangladesh Banks (Nationalisation) (Amendment) Ordinance, 1978 (XXXIX of 1978), shall be deemed to have been taken over under this Article. (3) The undertaking of a vested bank the business of which has been, or is deemed to have been, taken over by a new bank under this Article shall stand transferred to, and vested in, the new bank. Explanation -The undertaking of a vested bank shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances, reserve funds, investments and all other rights and interests in, or arising out of, such property as were immediately before the taking over of the vested bank in the ownership, possession, power or control of the vested bank within the territory of Bangladesh and all books of accounts, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the vested bank in relation to its undertaking within the territory of Bangladesh.",
"name": "",
"related_acts": "",
"section_id": 26
},
{
"act_id": 377,
"details": "22. (1) A new bank shall not transact the following kinds of business, namely:- (a)\tit shall not make any advance or loan or grant any facility in contravention of any law in force or any instruction of the Bangladesh Bank; (b)\tit shall not make any unsecured advance or loan to any Director or to any concern in which a Director is interested: Provided that no facility to any member of the staff shall be denied merely because he is also a Director. (2) Notwithstanding anything contained in clause (1), the bank is authorised to grant advances or loans or to make exgratia payments, with the prior approval of the Government, to its officers and staff for the purpose of providing amenities and facilities for their betterment.",
"name": "",
"related_acts": "",
"section_id": 27
},
{
"act_id": 377,
"details": "23. (1) Every new bank may, subject to 19other provisions of this Article and any regulation made in this behalf, appoint or employ such persons as it considers necessary for the efficient performance of its functions on such terms and conditions as it may determine. (2) Every officer or other employee of an existing bank shall become, on the commencement of this Order, an officer or other employee, as the case may be of the new bank concerned and shall 20, unless altered by the Government in the interest of equity and uniformity, hold his office or service in that bank on the same terms and conditions and with the same rights and privileges as to provident fund, gratuity, pension and other matters as were enjoyed by them immediately before such commencement and shall continue to do so unless and until his employment in the new bank is terminated or until his remuneration or terms and conditions are duly altered by the new bank : Provided that an officer or other employee may, within such time as may be specified by the new bank, exercise his option not to continue in the service of the new bank. (3) Notwithstanding anything contained in any terms and conditions of service or in any award, settlement or agreement for the time being in force, every new bank may, with the prior approval of the Government, alter the remuneration (whether by way of reduction or otherwise) and other terms and conditions of service of any officer or other employee of the bank, and if such alteration is not acceptable to an officer or other employee, the bank may terminate his employment by giving him compensation equivalent to three months' remuneration in case of a permanent officer or employee and one months' remuneration in case of temporary officer or employee. Explanation.- The compensation to an officer or other employee under clause (3) shall be in addition to any pension, gratuity or other benefit to which the officer or employee may be entitled under the terms and conditions of his service. (4) If any question arises as to whether any person was an officer or other employee of an existing bank or not immediately before commencement of this Order, the question shall be referred to the Government whose decision shall be final and binding on the parties. (5) The transfer of service of any officer or other employee from an existing bank to a new bank shall not entitle any such officer or other employee to any compensation, other than the compensation mentioned in clause (3), and no such claim shall be entertained by any Court, tribunal or other authority. 21(6) Notwithstanding anything contained in this Article, the Government may appoint the General Manager of a new bank on such terms and conditions as it may determine and may transfer a General Manager of a new bank as the General Manager of any other new bank.",
"name": "",
"related_acts": "",
"section_id": 28
},
{
"act_id": 377,
"details": "24. (1) The accounts of every new bank shall be audited by not less than two auditors, being chartered accountants within the meaning of the 22Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), who shall be appointed by the Government for a term not exceeding three years on such remuneration as it may fix. (2) Notwithstanding anything contained in clause (1), the Bangladesh Bank may appoint such auditor as it thinks fit to examine and report upon the accounts of any new bank. (3) Every auditor shall be supplied with a copy of the annual balance-sheet and statement of profit and loss and he shall examine it with the accounts and vouchers relating thereto, and shall have a list delivered to him of all books kept by the bank, and shall at all reasonable times have access to the books, accounts and other documents of the bank, and may employ accountants or other persons to assist him in the investigation of such accounts, and may, in relation to such accounts, examine any Director or officer of the bank. (4) The auditors shall report to the 23Board upon the annual balance-sheet and accounts, and in their report they shall state whether, in their opinion, in balance-sheet is a full and fair balance-sheet containing the prescribed particulars and properly drawn up so as to exhibit a true and correct view of the state of the bank's affairs, and in case they have called for any explanation or information from the Board, whether it has been given and whether it is satisfactory. 24(5) The bank shall, within 90 days after the end of every financial year, furnish to the Government and the Bangladesh Bank a copy of the auditors report along with a copy of the audited balance sheet and a copy of profit and loss account for the year and a report on the working of the bank during the year: Provided that the Bangladesh Bank may in special circumstances extend the said period of 90 days for furnishing of such report by a further period not exceeding 90 days. 25(6) The audited balance sheets and the profit and loss accounts received by the Government under clause (5) shall be published in official Gazette and shall be laid before the Parliament.",
"name": "",
"related_acts": "442",
"section_id": 29
},
{
"act_id": 377,
"details": "25. After making provision for bad and doubtful debts, depreciation of assets and such other matter as may be prescribed, every new bank may, out of its net profits, establish a reserve fund and any surplus remaining thereafter shall be paid to the Government.",
"name": "",
"related_acts": "",
"section_id": 30
},
{
"act_id": 377,
"details": "26. Any reference to any existing bank in any law, other than this Order, or in any contract or other instrument shall, in so far as it relates to the undertaking which has been transferred by Article 6, be construed as a reference to the corresponding new bank.",
"name": "",
"related_acts": "",
"section_id": 31
},
{
"act_id": 377,
"details": "27. No provision of law relating to the winding up of companies including banking companies shall apply to any new bank, and the new bank shall not be wound up save by order of the Government and in such manner as it may direct.",
"name": "",
"related_acts": "",
"section_id": 32
},
{
"act_id": 377,
"details": "2627A. (1) Notwithstanding anything contained in this Order, the Government may, if in the national interest it deems it expedient so to do, transfer, by agreement, the entire undertaking of any new bank to any company registered under the Companies Act, 1913 (VII of 1913), on such terms and conditions as may be settled with such company. (2) Where the entire undertaking of any new bank has been transferred under clause (1), such new bank shall, on such date as the Government may by order notified in the official Gazette specify, stand dissolved. Explanation.- The undertaking of a new Bank includes its business, projects, schemes, assets, rights, powers, authorities and privileges, its properties, movable and immovable, reserve funds, investments and deposits and its borrowings, liabilities and obligations of whatever nature. (3) The Government may, for the purpose of removing any difficulty in relation to the transfer of the undertaking of a new bank under clause (1) or the dissolution of such bank under clause (2), make such order as it considers expedient and any such order shall be deemed to be, and given effect to as, part of the provisions of this Order.",
"name": "",
"related_acts": "",
"section_id": 33
},
{
"act_id": 377,
"details": "28. The Government may, by notification in the official Gazette, make rules for the purpose of giving effect to the provisions of this Order.",
"name": "",
"related_acts": "",
"section_id": 34
},
{
"act_id": 377,
"details": "29. (1) The Board of any new bank may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Order and the rules, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provision of this Order. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for- (a)\tthe calling of the meetings of the Board or of any committee, fees for attending the meetings thereof and the conduct of business thereat; (b)\tthe delegation of powers and functions of the Board to the 27Chairman, Managing Director, Director, officer or other employee of the bank; (c)\tthe conditions subject to which the bank may grant loans; (d)\tthe manner of determining the sufficiency of the security for the purpose of business; (e)\tthe manner and conditions subject to which the bank may borrow in foreign currency; (f)\tthe form of returns and statements required to be prepared under this Order; (g)\tthe duties and conduct of advisers, officers, other employees and agents of the bank; (h)\tthe recruitment, remuneration, promotion and other terms and conditions of service of the officer and other employees of the bank; (i)\tthe establishment and maintenance of pension, provident or other fund for the benefit of officers and other employees of the bank including the dependents of such officers and other employees; (j) \tthe provision of a seal of the bank and the manner and effect of its use; (k) \tthe disclosure of interest, direct or indirect, of any Director or any member of a committee in any business concern; (l) \ttaking over the management and control of any industrial or business concern committing a breach of its agreement with the bank; (m)\tpublication of audited balance-sheet and profit and loss account; (n)\tgenerally for the efficient conduct of the affairs of the bank; (3) All regulations made under this Article shall be published in the official Gazette and shall come into force on such publication.",
"name": "",
"related_acts": "",
"section_id": 35
},
{
"act_id": 377,
"details": "30. If any difficulty arises in giving effect to the provisions of this Order, the Government may make such Order, not inconsistent with the provisions of this Order, as may appear to it to be necessary for the purpose of removing the difficulty.",
"name": "",
"related_acts": "",
"section_id": 36
},
{
"act_id": 377,
"details": "31. All laws relating to banker and banking companies shall, subject to such adaptations and modifications as may be made from time to time, shall be applicable to the new banks.",
"name": "",
"related_acts": "",
"section_id": 37
},
{
"act_id": 377,
"details": "32. (1) The existing banks shall stand dissolved in Bangladesh on such date as the Government may, by notification in the official Gazette, appoint 28: Provided that any dissolution of an existing bank shall preclude such bank thereafter from being treated as if it were incorporated pursuant to or by virtue of Bangladesh law, but shall not otherwise destroy or be deemed to have destroyed the corporate existence of such existing bank where the existing bank is a foreign corporation. (2) Notwithstanding anything contained in clause (1), the Board of Directors, of existing banks if any, shall, on the commencement of this Order, stand dissolved and the Chairman and other directors of such Boards shall cease to function.",
"name": "",
"related_acts": "",
"section_id": 38
}
],
"text": "WHEREAS it is expedient to provide for the taking over of the undertaking of certain banks in Bangladesh and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 378,
"lower_text": [
"1 The words and comma “purposes of control, supervision and co ordination of the nationalised and some other enterprises and for the establishment and development of new industrial enterprises ” were substituted for the words “purpose of co ordination and supervision of the nationalised enterprises” by Article 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Fifth Amendment) Order, 1972 (President’s Order No. 131 of 1972)",
"2 Section 4 was substituted by section 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Second Amendment) Ordinance, 1976 (Ordinance No. XXV of 1976)",
"3 Clause (2) was substituted by section 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Amendment) Act, 1987 (Act No. XXIV of 1987)",
"4 Paragraph (b) was substituted by section 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Amendment) Act, 1987 (Act No. XXIV of 1987)",
"5 Clauses (4A) and (4B) were inserted by section 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Amendment) Act, 1987 (Act No. XXIV of 1987)",
"6 Clauses (5) and (6) were inserted by section 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Second Amendment) Ordinance, 1982 (Ordinance No. XLVIII of 1982)",
"7 The first paragraph was substituted by Article 2(2) of the Bangladesh Industrial Enterprises (Nationalisation) (Sixth Amendment) Order, 1972 (President’s Order No. 145 of 1972)",
"8 The words and commas “the Government may, in respect of any scheduled industrial enterprise,” were omitted by Article 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Fifth Amendment) Order, 1972 (President’s Order No. 131 of 1972)",
"9 The words, commas and figures “or, as the case may be, the industrial enterprise placed under a Corporation by an order under clause (1) of Article 10” were inserted by Article 2 (3) of the Bangladesh Industrial Enterprises (Nationalisation) (Sixth Amendment) Order, 1972 (President’s Order No. 145 of 1972)",
"10 The words, commas and figures “or, as the case may be, the industrial enterprise placed under a Corporation by an order under clause (1) of Article 10” were inserted by Article 2 (4) of the Bangladesh Industrial Enterprises (Nationalisation) (Sixth Amendment) Order, 1972 (President’s Order No. 145 of 1972)",
"11 The words, commas and figures “or, as the case may be, the industrial enterprise placed under a Corporation by an order under clause (1) of Article 10” were inserted by Article 2 (5) of the Bangladesh Industrial Enterprises (Nationalisation) (Sixth Amendment) Order, 1972 (President’s Order No. 145 of 1972)",
"12 The words, commas and figures “or, as the case may be, the industrial enterprise placed under a Corporation by an order under clause (1) of Article 10” were inserted by Article 2 (5) of the Bangladesh Industrial Enterprises (Nationalisation) (Sixth Amendment) Order, 1972 (President’s Order No. 145 of 1972)",
"13 The words, commas and figures “or, as the case may be, the industrial enterprise placed under a Corporation by an order under clause (1) of Article 10” were inserted by Article 2 (5) of the Bangladesh Industrial Enterprises (Nationalisation) (Sixth Amendment) Order, 1972 (President’s Order No. 145 of 1972)",
"14 The words, commas and figures “or, as the case may be, the industrial enterprise placed under a Corporation by an order under clause (1) of Article 10” were inserted by Article 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Sixth Amendment) Order, 1972 (President’s Order No. 145 of 1972)",
"15 Article 9 was substituted by section 3 of the Bangladesh Industrial Enterprises (Nationalisation) (Second Amendment) Ordinance, 1976 (Ordinance No. XXV of 1976)",
"16 The words “Bangladesh Jute Mills Corporation” were substituted for the words “Bangladesh Jute Industries Corporation” by section 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Amendment) Ordinance, 1984 (Ordinance No. LV of 1984)",
"17 The words “Bangladesh Textile Industries Corporation” were substituted for the words “Bangladesh Cotton Mills Corporation” by Article 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Fifth Amendment) Order, 1972 (President’s Order No. 131 of 1972)",
"18 The word “Mills” was substituted for the word “Industries” by section 4 of the Bangladesh Industrial Enterprises (Nationalisation) (Second Amendment) Ordinance, 1976 (Ordinance No. XXV of 1976)",
"19 Clause (c) was substituted by section 4 of the Bangladesh Industrial Enterprises (Nationalisation) (Second Amendment) Ordinance, 1976 (Ordinance No. XXV of 1976)",
"20 Clause (d) was substituted by section 4 of the Bangladesh Industrial Enterprises (Nationalisation) (Second Amendment) Ordinance, 1976 (Ordinance No. XXV of 1976)",
"21 The words, brackets, figure and comma “and (iii) Bangladesh Oil and Gas Corporation which may also be called PETROBANGLA,” were omitted by section 24 of the Bangladesh Oil, Gas and Mineral Corporation Ordinance, 1985 (Ordinance No. XXI of 1985)",
"22 Clause (1A) was inserted by Article 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Seventh Amendment) Order, 1972 (President’s Order No. 153 of 1972)",
"23 The proviso was omitted by section 4 of the Bangladesh Industrial Enterprises (Nationalisation) (Second Amendment) Ordinance, 1976 (Ordinance No. XXV of 1976)",
"24 The words “its name” were substituted for the words “said name” by section 4 of the Bangladesh Industrial Enterprises (Nationalisation) (Second Amendment) Ordinance, 1976 (Ordinance No. XXV of 1976)",
"25 Clause (1) was substituted by Article 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Fifth Amendment) Order, 1972 (President’s Order No. 131 of 1972)",
"26 The words and commas “or, as the case may be, the industrial enterprises placed under it” were inserted by Article 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Fifth Amendment) Order, 1972 (President’s Order No. 131 of 1972)",
"27 The words and commas “or, as the case may be, the industrial enterprises placed under it” were inserted by Article 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Fifth Amendment) Order, 1972 (President’s Order No. 131 of 1972)",
"28 Clause (4) was inserted by section 3 of the Bangladesh Industrial Enterprises (Nationalisation) (Second Amendment) Act, 1974 (Act No. LXVIII of 1974)",
"29 Clause (5) was inserted by section 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Amendment) Act, 1987 (Act No. XXIV of 1987)",
"30 The comma and words “, and may manage the affairs of any enterprise or company in which it holds shares or interest if the enterprise or company so requests” were omitted by section 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Second Amendment) Act, 1994 (Act No. XIII of 1994)",
"31 Article 17A was inserted by section 3 of the Bangladesh Industrial Enterprises (Nationalisation) (Second Amendment) Act, 1994 (Act No. XIII of 1994)",
"32 The commas and words “, other than the Bangladesh Oil and Gas Corporation,” were inserted by section 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Amendment) Ordinance, 1985 (Ordinance No. VI of 1985)",
"33 Clause (1A) was inserted by section 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Amendment) Ordinance, 1985 (Ordinance No. VI of 1985)",
"34 Article 23 was renumbered as Article 23(1) by Article 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Amendment) Order, 1972 (President’s Order No. 37 of 1972)",
"35 Clauses (2) and (3) were added by Article 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Amendment) Order, 1972 (President’s Order No. 37 of 1972)",
"36 Clause (4) was inserted by section 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Amendment) Ordinance, 1984 (Ordinance No. LXXIII of 1984)",
"37 Article 26 was renumbered as clause (1) by Article 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Sixth Amendment) Order, 1972 (President’s Order No. 145 of 1972)",
"38 The words “notified in the official Gazette” were omitted by Article 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Seventh Amendment) Order, 1972 (President’s Order No. 153 of 1972)",
"39 Clause (2) was inserted by Article 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Sixth Amendment) Order, 1972 (President’s Order No. 145 of 1972)",
"40 The words “to be notified in the official Gazette” were omitted by Article 2 of the Bangladesh Industrial Enterprises (Nationalisation) (Seventh Amendment) Order, 1972 (President’s Order No. 153 of 1972)"
],
"name": "The Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (President's Order)",
"num_of_sections": 27,
"published_date": "26th March, 1972",
"related_act": [
306,
683
],
"repelled": true,
"sections": [
{
"act_id": 378,
"details": "1. (1) This Order may be called the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 378,
"details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Directors of a Corporation; (b)\t“Chairman” means the Chairman of a Corporation; (c)\t“Corporation” means a corporation established by this Order; (d)\t“Director” means a Director of a corporation; (e)\t“Government” means the Government of the People's Republic of Bangladesh; (f)\t“Prescribed” means prescribed by rules or regulations made under this Order; (g)\t“Scheduled industrial enterprises” means industrial enterprises enumerated in the Schedules to this Order.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 378,
"details": "3. The provisions of this Order and any rule or regulation made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 378,
"details": "24. (1) All such shares and other proprietary interests in each of the scheduled industrial enterprises, and all such industrial enterprises placed under a Corporation by, or by an order under clause (1) of Article 10 and all shares and proprietary and other interests, as have not already vested in the Government by or under any law for the time being in force, shall, by virtue of this Article and without any further proceeding or formality, stand vested in, and allotted to, the Government free of any trust, mortgage, charge, lien, interest or other encumbrance whatsoever- (a)\tin the case of a scheduled industrial enterprise, on the commencement of this Order; and (b)\tin the case of an industrial enterprise placed under a Corporation by order under clause (1) of Article 10, on the date on which it is so placed; and subject to the provisions of clause (2), the Government shall, as from such commencement or date, be the sole shareholder in, or owner of, such industrial enterprises. 3(2) The Government may, if in the national interest it deems it expedient so to do, sell or otherwise transfer to a Corporation or to any other person, in such manner and on such terms and conditions as it deems fit, any scheduled industrial enterprise or any other industrial enterprise or any share or proprietary or other interest therein, vested in the Government under clause (1). (3) Where the Government sells or otherwise transfers under clause (2), wholly or partly, any industrial enterprises, or any share or proprietary or other interest in an industrial enterprise, it may, by notification in the official Gazette, omit from the Schedule, or, as the case may be, withdraw from the Corporation under which it was placed by an order under clause (1) of Article 10, that industrial enterprise. (4) Where a notification under clause (3) is issued in respect of any industrial enterprise, the Government may,- (a)\tby the same notification or by a separate notification, direct that the provisions of Articles 5, 6, 7 and 8 shall cease to apply, or shall apply with such modification or qualification as may be specified in the notification, to such industrial enterprise; and 4(b) \ttake such measures, including consequential changes in the relevant memorandum or articles of association, as may be necessary to facilitate the sale or transfer of the industrial enterprise under clause (2) or to enable the industrial enterprise to function under the Companies Act, 1913 (VII of 1913). 5(4A) Where the Government sells or otherwise transfers under clause (2) any industrial enterprise or any share or proprietary or other interest therein, the provisions of the Companies Act, 1913 (VII of 1913), relating to holding of meetings, balance sheet, minimum subscription, prospectus, statement in lieu of prospectus, filing of returns in respect of such industrial enterprise or transfer of such share or interest for the period preceding the sale or transfer shall be deemed not to have been applicable thereto. (4B) Where the Government sells or otherwise transfers under clause (2) any industrial enterprise or any share or proprietary or other interest in favour of a Corporation or Company in which the Government or the Corporation hold the majority shares, no tax, fee, levy or charge under any law shall be payable in respect of such sale or transfer. 6(5) Notwithstanding anything contained in any law, rules or regulations for the time being in force or in any agreement, contract or other instrument whatsoever, upon transfer of an industrial enterprise or any share or proprietary or other interest in such an enterprise under clause (2), the services of officers and employees for the time being on the pay roll of the industrial enterprise, and also the services of such number of officers and employees of the Head Office of the Corporation under which the industrial enterprise is placed as may be determined by the Government, shall, irrespective of their origin or source of appointment, stand transferred to the industrial enterprise and thereby such officers and employees shall cease to be the officers and employees of the aforesaid Corporation or of any other industrial enterprise under the said Corporation by which the officers or, as the case may be, employees, were appointed. (6) The terms and conditions of the officers and employees transferred under clause (5), shall, unless altered by the new employer, continue to be the same as were applicable to them before the transfer of the industrial enterprise.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 378,
"details": "5. 7Notwithstanding anything contained in any memorandum or articles of association of any scheduled industrial enterprises or, as the case may be, the industrial enterprises placed under a Corporation by an order under clause (1) of Article 10, or in any charter, agreement, contract or other instrument whatsoever, the Government may, in respect of any such industrial enterprise,- (a) 8* * * take such measures and do such things as it deems necessary or expedient for the purpose of efficient running of such industrial enterprise; (b)\tdissolve the Board of Directors of such industrial enterprises and appoint new Directors; (c) \tterminate any managing agency agreement in respect of such industrial enterprise; and (d) \tmodify or amend the memorandum or articles of association or any charter, agreement, contract or instrument of such industrial enterprise.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 378,
"details": "6. Every provision in any law or in any memorandum or articles of association or any other charter or instrument of any scheduled industrial enterprise 9or, as the case may be, the industrial enterprises placed under a Corporation by an order under clause (1) of Article 10 providing for any consequence to follow, or requiring any act or thing to be done, or entitling any person to do any act or thing or to take any action whatsoever, as a result of a reduction in the number of the members of such industrial enterprises below a certain number, shall be of no effect in relation to such industrial enterprise.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 378,
"details": "7. The Government may, by rules, modify in their application to any scheduled industrial enterprise 10or, as the case may be, the industrial enterprises placed under a Corporation by an order under clause (1) of Article 10 any of the provisions of the Companies Act, 1913 (Act VII of 1913), or of any rules made thereunder.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 378,
"details": "8. Until the Government otherwise directs,- (a) \tthe Board of Directors of a scheduled industrial enterprise, 11or, as the case may be, the industrial enterprises placed under a Corporation by an order under clause (1) of Article 10 which was in existence immediately before the commencement of this Order, shall continue to function, as a Board appointed by the Government; (b)\tthe chief executive of a scheduled industrial enterprise 12or, as the case may be, the industrial enterprises placed under a Corporation by an order under clause (1) of Article 10 shall on behalf of the Government continue to exercise such powers of management in respect of the scheduled industrial enterprise 13or, as the case may be, the industrial enterprises placed under a Corporation by an order under clause (1) of Article 10 as were vested in him immediately before the commencement of this Order; and (c)\tall contracts and agreements, including managing agency agreements, and all rules, regulations and bye-laws of any scheduled industrial enterprise 14or, as the case may be, the industrial enterprises placed under a Corporation by an order under clause (1) of Article 10 which were in force immediately before the commencement of this Order, shall continue to remain in force.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 378,
"details": "159. The Government shall pay in respect of industrial enterprises, shares or proprietary interests vested in the Government under this Order other than those which had already vested in the Government by or under any other law for the time being in force, such compensation as may be determined by the Government: Provided that where the compensation is payable in respect of any share it shall not exceed the paid-up value of such share.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 378,
"details": "10. (1) On the commencement of this Order, there shall be established the following corporations: (a)\t 16Bangladesh Jute Mills Corporation, which shall have and exercise all the powers of a corporation in respect of the industrial enterprises engaged in jute manufacturing enumerated in the First Schedule; (b)\t 17Bangladesh Textile 18Mills Corporation, which shall have and exercise all the powers of a corporation in respect of all the industrial enterprises engaged in cotton manufacturing enumerated in the Second Schedule; 19(c) \tBangladesh Sugar and Food Industries Corporation, which shall have and exercise all the powers of a Corporation under this Order in respect of industrial enterprises enumerated in the Third Schedule and such other enterprises as the Government may, by order published in the official Gazette, place under it; 20(d) (i) Bangladesh Steel and Engineering Corporation, (ii) Bangladesh Chemical Industries Corporation, 21* * * each of which shall have and exercise the powers of a Corporation under this Order in respect of such industrial enterprises, including enterprises owned wholly or partly by the Government under the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972, (P.O. No. 16 of 1972), or owned or managed by any statutory corporation, as the Government may, by order published in the official Gazette, place under it. 22(1A) Notwithstanding anything contained in any other law, an industrial enterprise, placed under any Corporation by an order notified in the official Gazette under sub-clause (d) of clause (1) of Article 10, and all shares or other proprietory interest in such industrial enterprise shall be deemed to have always vested in the Government and no such order shall be challenged on the ground that the industrial enterprise or the shares or interest therein had not vested in the Government, or that the industrial enterprise, or any share or interest therein, was not liable to be vested in the Government 23* * *. (2) Each Corporation shall be a body corporate, having perpetual succession and a common seal with power, subject to the provision of this Order, to acquire, hold and dispose of property, both movable and immovable, and shall by 24its name sue and be sued. (3) The head office of each Corporation shall be at Dacca.",
"name": "",
"related_acts": "",
"section_id": 10
},
{
"act_id": 378,
"details": "11. (1) The general direction and administration of the affairs and business of a corporation 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 shall be subject to the superintendence and control of the Government and shall be guided, in the discharge of its functions, by such general or special instruction as may, from time to time, be given to it by the Government.",
"name": "",
"related_acts": "",
"section_id": 11
},
{
"act_id": 378,
"details": "12. (1) The Board shall consist of a Chairman and such number of other Directors not exceeding six as the Government may fix. (2) The Chairman and other Directors shall be appointed by the Government for such period and on such terms and conditions as the Government may determine. (3) The Chairman or any other Director may, at any time, resign: Provided that his resignation shall not take effect until accepted by the Government. (4) No act or proceeding of the Board shall be invalid merely on the ground of existence of any vacancy in, or any defect in the constitution of, the Board.",
"name": "",
"related_acts": "",
"section_id": 12
},
{
"act_id": 378,
"details": "13. (1) The Chairman shall be the chief executive officer of a Corporation. (2) The Chairman and any other Director shall exercise such powers, perform such functions and discharge such duties as may be prescribed.",
"name": "",
"related_acts": "",
"section_id": 13
},
{
"act_id": 378,
"details": "14. (1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed: Provided that a meeting may also be otherwise convened by the Chairman when he so thinks fit. (2) If for any reason the Chairman is unable to be present in a meeting of the Board, a Director authorised in writing by the Chairman shall preside at the meeting. (3) At a meeting of the Board each Director shall have one vote and in the event of equality of votes the Chairman shall have a second or casting vote.",
"name": "",
"related_acts": "",
"section_id": 14
},
{
"act_id": 378,
"details": "15. (1) The Board may appoint such committee or committees as it thinks fit to assist it in the efficient discharge of its functions. (2) The Board may delegate its power to the Chairman for the purpose of efficient functioning of a Corporation. (3) The Chairman may delegate his powers to the officers of a Corporation.",
"name": "",
"related_acts": "",
"section_id": 15
},
{
"act_id": 378,
"details": "16. A Corporation may appoint such officers, consultants, advisers, auditors and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may determine.",
"name": "",
"related_acts": "",
"section_id": 16
},
{
"act_id": 378,
"details": "17. 25(1) It shall be the function of a Corporation to control, supervise and co-ordinate, subject to any regulation made in this behalf the activities, business and affairs of the scheduled industrial enterprises placed under it by clause (1) of Article 10 or, as the case may be, the industrial enterprises placed under it by an order under that clause, and to establish and develop new industrial enterprises within their respective fields. (2) Without prejudice to the generality of the foregoing provision, the Corporation shall have to exercise such powers as may be prescribed in respect of the scheduled industrial enterprises 26or, as the case may be, the industrial enterprises placed under it. (3) The Corporation shall, in respect of any scheduled industrial enterprise, 27or, as the case may be, the industrial enterprises placed under it also exercise such of the powers of the Government as the Government may by notification in the official Gazette delegate to the Corporation. 28(4) Notwithstanding anything contained in this Order, a Corporation shall exercise such other powers and functions as may be conferred on it by or under any law. 29(5) The Corporation may hold shares or interest in any scheduled industrial enterprise or in any other industrial enterprise or in any company 30* * *.",
"name": "",
"related_acts": "",
"section_id": 17
},
{
"act_id": 378,
"details": "3117A. Notwithstanding anything contained in this Order or in any other law for the time being in force, where a Corporation holds a majority of the shares or proprietary or other interests in an industrial enterprise, whether incorporated under the Companies Act, 1913 (VII of 1913) or not, such Corporation- (a)\tshall ensure that the Board of Directors of every such industrial enterprise manage the affairs and business of the enterprise and that the Board acts as the effective authority to operate the enterprise in a commercial and efficient manner; (b)\tshall ensure that the Memorandum and Articles of Association of every such industrial enterprise are strictly followed in managing the affairs and business of the enterprise; (c)\tshall, as soon as possible, take all necessary measures to incorporate, as a limited company under the said Act VII of 1913, such industrial enterprise if not so incorporated; (d)\tmay, for the purpose referred to in clause (c), amend the Memorandum and Articles of Association or the charter, agreement, contract or other instrument respecting constitution of such enterprise; (e)\tmay, if it is considered expedient in the interest of the enterprise concerned, take necessary measures for merging one industrial enterprise with another.",
"name": "",
"related_acts": "",
"section_id": 18
},
{
"act_id": 378,
"details": "18. (1) The authorised share capital of each Corporation 32, other than the Bangladesh Oil and Gas Corporation, shall be one crore of takas each, to be subscribed by the Government, in the manner determined by the Government, from time to time according to the requirements of the Corporation. 33(1A) The authorised share capital of the Bangladesh Oil and Gas Corporation shall be two hundred crore taka, to be subscribed by the Government, in the manner determined by the Government, from time to time according to the requirements of the Corporations. (2) The initial share capital shall be five lakhs of taka fully paid up and subscribed by the Government.",
"name": "",
"related_acts": "",
"section_id": 19
},
{
"act_id": 378,
"details": "19. A Corporation shall by such date in each year as may be prescribed, by rules, submit to the Government for approval a statement, to be called the Annual Budget Statement, in the prescribed form for every financial year showing estimated receipts and expenditure and sums which are likely to be required from the Government during that financial year.",
"name": "",
"related_acts": "",
"section_id": 20
},
{
"act_id": 378,
"details": "20. (1) A Corporation may spend such sums as it thinks fit on the basis of the Annual Budget Statement approved by the Government under Article 19. (2) A Corporation may, with the prior approval of the Government, borrow such sums, with or without security, as may be required by it to discharge its functions under this Order.",
"name": "",
"related_acts": "",
"section_id": 21
},
{
"act_id": 378,
"details": "21. (1) A Corporation shall maintain proper accounts and other relevant records and prepare annual statement of accounts, including a profit and loss account and balance-sheet. (2) The accounts of a Corporation shall be audited by not less than two accountants, being chartered accountants within the meaning of the Chartered Accountants Ordinance, 1961 (Ord. No. X of 1961), who shall be appointed by the Government.",
"name": "",
"related_acts": "306",
"section_id": 22
},
{
"act_id": 378,
"details": "22. (1) A Corporation shall furnish to the Government such returns, reports, and statements as the Government may from time to time require. (2) A Corporation shall, as soon as possible after the end of every financial year, furnish to the Government a statement of accounts audited by the auditors under Article 21 together with an annual report on the conduct of its affairs for that year. (3) The auditors shall in their report upon the annual balance sheet and accounts state whether in their opinion the balance sheet is a full and fair balance-sheet and contains all necessary particulars and is properly drawn up so as to exhibit a true and correct view of the state of affairs of a Corporation, 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 measures taken by a Corporation for protection of the interest of the Government and creditors or upon the sufficiency of their procedure in auditing the affairs of a 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 auditors if in its opinion the interest of the Government so requires. (5) The copies of the audited accounts and annual report shall be published in the official Gazette and shall be laid before the Legislature.",
"name": "",
"related_acts": "",
"section_id": 23
},
{
"act_id": 378,
"details": "23. 34(1) No Provision of law relating to the winding up of companies shall apply to a Corporation and a Corporation shall not be wound up save by order of the Government and in such manner as it may direct. 35(2) No provision of law relating to the winding up of companies shall apply to any scheduled industrial enterprise and such industrial enterprise shall not be wound up save by order of the Government and in such manner as it may direct. (3) All proceedings for the winding up of any scheduled industrial enterprise which, immediately before the commencement of this Order, were pending in any court shall, on such commencement, abate. 36(4) When a winding up order has been made, no suit or other legal proceedings shall be proceeded with or commenced against a scheduled industrial enterprise or any industrial enterprise placed under a Corporation by an order under clause (1) of Article 10 and all suits and other legal proceedings pending against such an enterprise on the date of winding up order shall abate.",
"name": "",
"related_acts": "",
"section_id": 24
},
{
"act_id": 378,
"details": "24. The Government may, by notification in the official Gazette, make rules for the purpose of giving effect to the provisions of this Order.",
"name": "",
"related_acts": "",
"section_id": 25
},
{
"act_id": 378,
"details": "25. (1) The Board may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Order and the rules, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Order. (2) All regulations made under this Article shall be published in the official Gazette and shall come into force on such publication.",
"name": "",
"related_acts": "",
"section_id": 26
},
{
"act_id": 378,
"details": "26. 37(1)The Government may, by order 38* * *, transfer to a Corporation such portions of the property, assets and liabilities, and such officers and employees of the Bangladesh Industrial Development Corporation as the Government deem fit on terms and conditions to be determined by the Government. 39(2) The Government may also, by an order, 40* * * transfer to a Corporation such portion of the property, assets and liabilities and such officers and employees belonging to the Government as it may deem fit on terms and conditions to be determined by the Government.",
"name": "",
"related_acts": "",
"section_id": 27
}
],
"text": "WHEREAS it is expedient to provide for the nationalisation of certain industrial enterprises in Bangladesh and for the establishment of corporations for the 1purposes of control, supervision and co ordination of the nationalised and some other enterprises and for the establishment and development of new industrial enterprises and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 379,
"lower_text": [
"1 Clause (1) was substituted by section 2 of The Bangladesh Inland Water Transport Corporation (Amendment) Ordinance, 1976 (XXVII of 1976)",
"2 The words and figure “Taka 45 crores” were substituted for the words and figure “Taka 5 crores” by section 2 of The Bangladesh Inland Water Transport Corporation (Amendment) Ordinance, 1979 (VII of 1979)",
"3 The figure “4500,000” were substituted for the figure “500,000” by section 2 of The Bangladesh Inland Water Transport Corporation (Amendment) Ordinance, 1979 (VII of 1979)",
"4 The words “three of the other Directors to be whole-time officers” were substituted for the words “one of the other Directors to be a whole-time officer” by section 2 of the Bangladesh Inland Water Transport Corporation (Amendment) Act, 1973 (Act No. XIII of 1973)",
"5 The word “Directors” was substituted for the word “Director” by section 2 of the Bangladesh Inland Water Transport Corporation (Amendment) Act, 1973 (Act No. XIII of 1973)",
"6 The words “and the liabilities of such company, firm or individual in respect of such assets determined under Article 9 of that Order shall be the liabilities of the Corporation” were inserted by section 2 of The Bangladesh Inland Water Transport Corporation (Amendment) Act, 1975 (Act No. XIX of 1975)"
],
"name": "The Bangladesh Inland Water Transport Corporation Order, 1972 (President's Order)",
"num_of_sections": 28,
"published_date": "26th March, 1972",
"related_act": [
306
],
"repelled": false,
"sections": [
{
"act_id": 379,
"details": "1. (1) This Order may be called the Bangladesh Inland Water Transport Corporation Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 379,
"details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a)\t“assets” includes all rights, powers, authorities and privileges, all property, movable and immovable, including lands, buildings, works, workshops, dockyards, vessels, cash balances, bank deposits, reserve funds, investments and all other rights and interests in, or arising out of, such property and all books of accounts, registers, records and all other documents, whatever nature relating thereto; (b)\t“Board” means the Board of Directors of the Corporation; (c)\t“Chairman” means the Chairman of the Board; (d)\t“Corporation” means the Bangladesh Inland Water Transport Corporation established by this Order; (e)\t“Director” means a Director of the Corporation; (f)\t“East Pakistan Shipping Corporation” means the East Pakistan Shipping Corporation established under the East Pakistan Shipping Corporation Ordinance, 1964 (E. P. Ord. No. III of 1964); (g)\t“Government” means the Government of the People's Republic of Bangladesh; (h)\t“Prescribed” means prescribed by rules or regulations made under this Order; (i)\t“vessel” means every description of vessel ordinarily plying on coastal or inland waters and propelled wholly or in part by steam, electricity or other mechanical power, and includes an oil tanker, tug, dump barge and any other craft not mechanically propelled which is towed or pushed by a mechanically propelled vessel, but does not include- (i)\tany craft made of wooden hull; (ii)\tpassenger launches; and (iii)\tCargo launches below the capacity of 150 tons.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 379,
"details": "3. (1) On the coming into force of this Order, there shall be established a Corporation to be called the Bangladesh Inland Water Transport Corporation for carrying out the purposes of this Order. (2) The Corporation shall be a body corporate, having perpetual succession and a common seal with power, subject to the provisions of this Order, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued. (3) The Corporation shall establish its head office at Dacca.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 379,
"details": "4. 1(1) The authorised capital of the Corporation shall be 2Taka 45 crores divided into 34500,000 shares of Taka one hundred each of which not less than fifty-one per cent shares shall be subscribed for by the Government and the remaining shares shall be offered for public subscription in such manner and at such time as the Government may determine. (2) Notwithstanding anything contained in clause (1), the Corporation may, for carrying on all or any of its functions, have separate capital raised by loan or grant from, or in such other manner as may be approved by, the Government.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 379,
"details": "5. (1) Subject to the rules and regulations made under this Order, the general direction and administration of the affairs and business of the Corporation 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 having due regard to public interest generally and shall be guided on questions of policy involving national interest by such instructions as may be given to it by the Government from time to time.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 379,
"details": "6. (1) The Board shall consist of a Chairman and not more than four other Directors to be appointed by the Government: Provided that till such time as the Board is fully constituted, the Chairman shall exercise the powers, perform the functions and discharge the duties of the Corporation. (2) No act or proceeding of the Board shall be invalid merely on the ground of existence of any vacancy in, or any defect in the constitution of, the Board.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 379,
"details": "7. (1) The Chairman and the other Directors shall be appointed by the Government for such period and on such terms and conditions as the Government may determine. (2) The Chairman shall be a whole-time officer and the chief executive officer of the Corporation. (3) The Government shall appoint 4three of the other Directors to be whole-time officers of the Corporation. (4) The Chairman and the other whole-time 5Directors shall divest themselves of any directorship held by them in any other Corporation or in any company otherwise than on behalf of the Corporation.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 379,
"details": "8. No person shall be or shall continue to be a Director who- (a)\tis or at any time has been adjudicated insolvent; or (b)\tis found to be a lunatic or of unsound mind; or (c)\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 (d)\tis a minor; or (e)\tabsents himself from three consecutive meetings of the Board without leave of absence granted by the Chairman, or, in the case of the Chairman, by the Government.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 379,
"details": "9. The Chairman and the other Directors shall exercise such powers, perform such functions and discharge such duties as may be prescribed.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 379,
"details": "10. (1) The meetings of the Board shall be held at such times and at such places as may be prescribed: Provided that a meeting may also be otherwise convened by the Chairman when he so thinks fit. (2) To constitute a quorum at a meeting of the Board not less than three Directors including the Chairman shall be present. (3) At a meeting of the Board each Director shall have one vote, and in the event of equality of votes the Chairman shall have a second or casting vote. (4) No Director shall vote on any matter in which he is directly or indirectly interested. (5) If for any reason the Chairman is unable to be present at a meeting of the Board, a Director authorised in writing by the Chairman shall preside at the meeting.",
"name": "",
"related_acts": "",
"section_id": 10
},
{
"act_id": 379,
"details": "11. The Board may appoint such committee or committees as it thinks fit to assist in the efficient discharge of its functions.",
"name": "",
"related_acts": "",
"section_id": 11
},
{
"act_id": 379,
"details": "12. (1) It shall be the function of the Corporation to provide safe and efficient shipping and water transport services on coastal and inland water routes and to carry out all forms of activities connected with or ancillary to such shipping and water transport. (2) Without prejudice to the generality of the foregoing provision, the Corporation shall, in particular, have power- (a)\tto acquire, charter, hold or dispose of vessels; (b)\tto operate inland and coastal oil tankers; (c)\tto operate passenger and cargo services including lighterage on coastal and inland waters: (d)\tto operate ferry services; (e)\tto establish and maintain dockyard and repair workshop; (f)\tto do all other things connected with or ancillary to any of the matters referred to in sub-clauses (a) to (e).",
"name": "",
"related_acts": "",
"section_id": 12
},
{
"act_id": 379,
"details": "13. The Corporation may open deposit accounts with any scheduled bank or banks.",
"name": "",
"related_acts": "",
"section_id": 13
},
{
"act_id": 379,
"details": "14. The Corporation may invest its funds in such securities of the Government or in such other manner as may be prescribed.",
"name": "",
"related_acts": "",
"section_id": 14
},
{
"act_id": 379,
"details": "15. The Corporation may, with the prior approval of the Government, borrow money in Bangladesh or in foreign currency.",
"name": "",
"related_acts": "",
"section_id": 15
},
{
"act_id": 379,
"details": "16. (1) The Corporation shall maintain proper accounts and shall prepare annual statement of accounts, including the profit and loss account and balance-sheet, in accordance with such general directions as may be issued, and in such form as may be prescribed, by the Government. (2) The accounts of the Corporation shall be audited by not less than two auditors, being chartered accountants within the meaning of the Chartered Accountants Ordinance, 1961 (Ordinance X of 1961), who shall be appointed by the Government. (3) Every auditor appointed under clauses (2) shall be given a copy of the annual balance-sheet and other accounts of the Corporation and shall examine it together with the account books 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. (4) The auditors shall report to the Government upon the annual balance-sheet and accounts, and in their report they shall state whether, in their opinion, the balance-sheet contains all necessary particulars and is properly drawn up so as to exhibit a true and correct view of the state of the Corporation's affairs, and if they have called for any explanation or information from the Board, whether it has been given and whether it is satisfactory. (5) The Government may, at any time, issue directions to the auditors requiring them to report to it upon the adequacy of measure taken by the Corporation for the protection of the interest of the Government and of the creditors of the Corporation 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 different procedure in audit shall be adopted or that any other examination shall be made by the auditors or any other person or persons if, in its opinion, the interest of the Government so requires.",
"name": "",
"related_acts": "306",
"section_id": 16
},
{
"act_id": 379,
"details": "17. (1) The Corporation shall furnish to the Government such returns, reports and statements as the Government may from time to time require. (2) The Corporation shall, as soon as possible after the end of every financial year, furnish to the Government a statement of accounts audited by the auditors under Article 16 together with an annual report on the conduct of its affairs for that year and on its proposal for the next ensuing financial year. (3) The copies of the audited accounts and annual report received by the Government under clause (2) shall be published in the official Gazette and shall be laid before the Legislature.",
"name": "",
"related_acts": "",
"section_id": 17
},
{
"act_id": 379,
"details": "18. The Corporation shall, by such date in each year as may be prescribed by rules, submit to the Government for approval a statement, to be called the Annual Budget Statement, in the prescribed form for each financial year showing the estimated receipts and expenditure and the sums which are likely to be required form the Government during that financial year.",
"name": "",
"related_acts": "",
"section_id": 18
},
{
"act_id": 379,
"details": "19. After making provision for bad and doubtful debts, depreciation of assets and such other matter as may be prescribed by regulations, the Corporation may, out of its net annual profits, establish a reserve fund and any surplus remaining thereafter shall be paid to the Government.",
"name": "",
"related_acts": "",
"section_id": 19
},
{
"act_id": 379,
"details": "20. The Board may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman or such Director or officer as may be specified therein.",
"name": "",
"related_acts": "",
"section_id": 20
},
{
"act_id": 379,
"details": "21. (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 wrongful act or default. (2) A Director shall not be personally responsible for the acts of any other Director or of any officer, consultant, adviser, auditor or employee of the Corporation or for any loss or expenses 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 anything done by him in good faith in the execution of the duties of his office.",
"name": "",
"related_acts": "",
"section_id": 21
},
{
"act_id": 379,
"details": "22. No provision of law relating to the winding up of companies 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": "",
"related_acts": "",
"section_id": 22
},
{
"act_id": 379,
"details": "23. Notwithstanding anything contained in any other law for the time being in force or in any memorandum or articles of association, deed or other instrument, on the commencement of this Order,ÔÇö (a) \tall assets of the East Pakistan Shipping Corporation and the Pakistan River Steamers Limited shall stand transferred to, and vested in, the Corporation; (b) \tall debts and liabilities incurred, all obligations undertaken, all contracts entered into, and all agreements made, by or with the East Pakistan Shipping Corporation and the Pakistan River Steamers Limited shall stand transferred to, and be deemed to have been incurred, undertaken, entered into or made by or with, the Corporation; (c) \tall assets belonging to any public or private limited company or any firm or any individual engaged in coastal or inland shipping or water transport business, vested in the Government under the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P. O. No. 16 of 1972), including in particular those enumerated in the Schedule to this Order, shall stand transferred to, and vested in, the Corporation 6and the liabilities of such company, firm or individual in respect of such assets determined under Article 9 of that Order shall be the liabilities of the Corporation. (d) \tall suits and other legal proceedings instituted by or against the East Pakistan Shipping Corporation and the Pakistan River Steamers Limited before the commencement of this Order shall be deemed to have been instituted by or against the Corporation and may be continued or proceeded with accordingly.",
"name": "",
"related_acts": "",
"section_id": 23
},
{
"act_id": 379,
"details": "24. If, after assessment of the assets and liabilities of any company, firm or individual transferred to the Corporation under Article 23, the value of the assets exceed the value of the liabilities, the Government shall, in respect of the excess pay, such compensation as it may determine to such person as it may find to be entitled thereto: Provided that no compensation shall be payable in respect of any assets which have already vested in the Government by or under any law.",
"name": "",
"related_acts": "",
"section_id": 24
},
{
"act_id": 379,
"details": "25. (1) The Corporation may appoint such officers, consultants, advisers, auditors, and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may determine. (2) The Corporation may employ such officers or other employees of the East Pakistan Shipping Corporation or of the Pakistan River Steamers Limited or of the Company, firm or individual whose assets have vested in the Corporation under Article 23 as it may specify. (3) Notwithstanding anything contained in any other law for the time being in force or in any rules, regulations or contract relating to the terms and conditions of service, a person employed under clause (2) shall serve on such terms and conditions as the Corporation may determine. (4) If the terms and conditions of service determined by the Corporation under clause (3) are not acceptable to any officer or employee, such officer or employee shall have the option not to accept the employment under the Corporation.",
"name": "",
"related_acts": "",
"section_id": 25
},
{
"act_id": 379,
"details": "26. The Government may, by notification in the official Gazette, make rules for the purpose of giving effect to the provisions of this Order.",
"name": "",
"related_acts": "",
"section_id": 26
},
{
"act_id": 379,
"details": "27. (1) The Board may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Order and the rules, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Order. (2) All regulations made under this Article shall be published in the official Gazette and shall come into force on such publication.",
"name": "",
"related_acts": "",
"section_id": 27
},
{
"act_id": 379,
"details": "28. The East Pakistan Shipping Corporation Ordinance, 1964 (E. P. Ord. No. III of 1964), is hereby repealed.",
"name": "",
"related_acts": "",
"section_id": 28
}
],
"text": "WHEREAS it is expedient to provide for the establishment of a Corporation for the purpose of operation, promotion and development of coastal and inland shipping and water transport services and for the vesting in that Corporation of the assets and liabilities of the East Pakistan Shipping Corporation and of certain companies, firms and individuals carrying on coastal and inland Shipping and water transport business in Bangladesh and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 380,
"lower_text": [
"1 The words and comma “or, any officer appointed by such Government” were inserted by Article 2 of the Bangladesh (Vesting of Property and Assets) (Amendment) Order, 1972 (President’s Order No. 134 of 1972)"
],
"name": "The Bangladesh (Vesting of Property and Assets) Order, 1972 (President's Order)",
"num_of_sections": 2,
"published_date": "26th March, 1972",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 380,
"details": "1. (1) This Order may be called the Bangladesh (Vesting of Property and Assets) Order, 1972. (2) It shall extend to the whole of Bangladesh. (3) It shall come into force at once and shall be deemed to have come into force on the 26th day of March, 1971.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 380,
"details": "2. (1) Notwithstanding anything contained in any other law for the time being in force, all properties and assets which were vested in the Government of Pakistan 1or, any officer appointed by such Government or were vested in or managed by any Board constituted by or under any law or in the former Government of East Pakistan shall be deemed to have vested in the Government of Bangladesh on and from the 26th day of March, 1971. Explanation.– “properties” means properties of any kind, movable or immovable and includes any right or interest in such properties and any debt or actionable claim, any security or negotiable instrument, any right under a contract and any industrial or commercial undertaking; “security” includes share, scrip, stock, bond, debenture, debenture stock, or other marketable security of a like nature in or of any body corporate and Government securities. (2) Nothing contained in this Order shall be called in question in any Court.",
"name": "",
"related_acts": "",
"section_id": 2
}
],
"text": "WHEREAS it is necessary to vest all properties and assets vested in and managed by the Government of Pakistan or Board constituted by or under any law and the former Government of East Pakistan in the Government of Bangladesh; NOW, THEREFORE, in pursuance of the Proclamation of Independence read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 381,
"lower_text": [],
"name": "The Bangladesh Insurance (Emergency Provisions) Order, 1972 (President's Order)",
"num_of_sections": 14,
"published_date": "26th March, 1972",
"related_act": [
175
],
"repelled": false,
"sections": [
{
"act_id": 381,
"details": "1. (1) This Order may be called the Bangladesh Insurance (Emergency Provisions) Order, 1972. (2) It shall extend to the whole of Bangladesh. (3) It shall apply to all Insurers as defined hereunder. (4) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 381,
"details": "2. In this Order, unless the context requires otherwise- (1)\t“Insurance business” means all business as defined in clauses (6B), (6C), (11), (13A) and (13B) of section 2 of the Insurance Act of an insurer. (2)\t“Custodian” means the person appointed under section 3 to take over the management of any Insurance business of an insurer. (3) \t“Insurance Act” means the Insurance Act, 1938. (4)\t“Insurer” means the insurer as defined under clause (9) of section 2 of the Insurance Act, 1938 as adapted in Bangladesh under the Bangladesh (Adaptation of Insurance Act) Order, 1972, and includes a provident society as defined in section 65 of the said Act. (5)\t“notified order” means an order as notified in the official Gazette. (6)\tAll other words and expressions used in this Order but not defined, and defined in the Insurance Act, 1938 shall have the same meanings respectively assigned to them in that Act.",
"name": "",
"related_acts": "175,175,175",
"section_id": 2
},
{
"act_id": 381,
"details": "3. (1) On the commencement of this Order, the management of the business of an insurer shall vest in the Government. (2) The Government may appoint a Custodian for the purpose of taking over the management of the insurance business of an insurer pending which the persons in charge of the management of such business immediately before the commencement of this Order shall, on and from the date of the commencement of the Order, be in charge of the management of the insurance business for and on behalf of the Government, and the insurance business shall be carried on by them subject to such directions as the Government may give. (3) On the appointment of a Custodian under sub-section (1) all persons in charge of the management of the insurance business of the insurer shall cease to be in charge of such management and shall be bound to deliver to the Custodian all books of account, registers, or other documents relating to the insurer in their custody. (4) The Government may issue such directions to the Custodian as to his powers and duties or prohibit him from performing such acts or deeds as it deems necessary. (5) The Custodian may seek instructions from Government as to manner in which he shall conduct the business of the insurer or on any other matter arising in course of its management. (6) The Custodian shall receive such remuneration as the Government may determine. (7) The Government may at any time cancel the appointment of any person as Custodian. (8) Notwithstanding anything contained in this Order or under any law for the time being in force, any act or deed performed by the management of an insurer after the 25th day of March, 1971 in the form of making new appointments, giving promotions or increments in salary, bringing in changes in the salary structure involving additional expenditure, giving loan (other than loan granted against the security of life policies) or advances, incurring any expenditure other than for routine payments of salaries, commissions, etc. shall be treated as void unless expressly exempted by a notified order.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 381,
"details": "4. (1) Every insurer shall forthwith deposit all securities and documents of title to any assets appertaining to the insurance business in any Bank in which the insurer had an account immediately before the appointed day in the place where the head office or any of the principal offices of the insurer is situated; and no such security or documents shall be withdrawn from the Bank, as the case may be, except with the permission of the Government: Provided that nothing contained in this sub-section shall apply to any security or document of title kept pursuant to the provisions contained in sub-section (4) of section 27 of the Insurance Act, or kept in trust with an Official Trustee in pursuance of the Articles of Association of an insurer unless the Government, by notified order, otherwise directs. (2) Every insurer shall deliver forthwith at the place and to the person specified in this behalf by the Government in respect of the insurer the following documents, namely:- (i)\tthe minutes book or any other book in Bangladesh containing all resolutions of the persons in charge of the management of the insurance business; (ii)\tthe current cheque books relating to the insurance business which are at the head office and/or the principal offices of the insurer in Bangladesh; (iii)\tall registers or other books containing particulars relating to the investment of any moneys appertaining to the insurance business including investments or mortgaged properties and all loans granted and advances made otherwise than on policies; (iv)\tall brokers' notes or certificates in possession of the insurer in respect of any orders for the investment of any moneys to the insurance business. (3) The Government may require the persons in charge of the management of the insurance business of an insurer under this Order to furnish to the Government or to any person authorised by Government such returns, statements and other information relating to the insurance business as may be mentioned in the direction. (4) The persons in charge of the management of the business of an insurer under this Order shall be entitled to such remuneration, whether by way of allowance or salary as the Government may determine; and any such person may, by giving a month's notice in writing to the Government of his intention so to do, relinquish charge of the management of the insurance business.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 381,
"details": "5. (1) The amount of compensation payable in respect of the vesting in the Government of the management of the insurance business, which had not already vested in or been taken over by the Government by or under any law, of an insurer shall, be such sum as may be determined by the Government. (2) The compensation payable under section 7 shall be distributed among the persons entitled thereto by the Government in such manner as may be prescribed by rules made in this behalf.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 381,
"details": "6. If any person- (a)\tfails to deliver to the Custodian any books of account, registers or any other documents in his custody relating to the business of an insurer in respect of its management; or (b) \tretains any property of such insurer; or (c) \tfails to comply with any directions issued or provisions contained in this Order, he shall be punishable upon conviction in a court of law with imprisonment which may extend to six months, or with fine which may extend to one thousand taka, or with both",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 381,
"details": "7. No proceeding for the winding up of an insurer, the management of whose insurance business has vested in the Government under this Order or for the appointment of a receiver in respect of such business, shall lie in any Court.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 381,
"details": "8. In computing the period of limitation prescribed by any law for the time being in force for any suit or application against any person by an insurer in respect of any matter arising out of his insurance business, the time during which this has been in force shall be excluded.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 381,
"details": "9. The provisions of this Order shall have effect notwithstanding anything to the contrary contained in other law or any instrument having effect by virtue of any law.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 381,
"details": "10. The Government may, by notified order, direct that all or any of the powers exercised by it under this Order may also be exercised by any such person as may be specified in the order.",
"name": "",
"related_acts": "",
"section_id": 10
},
{
"act_id": 381,
"details": "11. (1) No suit, prosecution or other legal proceeding shall lie against any Custodian in respect of anything which is in good faith done or intended to be done under this Order. (2) No suit or other legal proceeding shall lie against the Government or any Custodian for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Order.",
"name": "",
"related_acts": "",
"section_id": 11
},
{
"act_id": 381,
"details": "12. Nothing contained in this Order shall apply to- (a)\tany insurer to whom the Insurance Act does not apply by reason of the provisions contained in section 2B thereof; (b) \tany insurance business carried on by the Government; (c) \tany insurer carrying on life insurance business incorporated under the law of any country or State (excluding Pakistan) outside Bangladesh.",
"name": "",
"related_acts": "",
"section_id": 12
},
{
"act_id": 381,
"details": "13.\t(1) The Government may, by notified order, make rules to carry out the purposes of this Order. (2) In particular, and without prejudice to the generality of the foregoing power, rules made under clause (1) may provide for- (a)\tthe form and manner in which books of accounts of an insurance business shall be maintained by insurers; (b)\tthe manner in which any compensation payable under this Order may be paid to the persons entitled thereto; (c)\tthe circumstances in which the remuneration payable to persons in charge of the management of business of an insurer under this Order or to Custodian whether wholly or in part shall be met by the Government.",
"name": "",
"related_acts": "",
"section_id": 13
},
{
"act_id": 381,
"details": "14. On a dispute arising on the meaning or interpretation of any sentence or part of a sentence or word contained in this Order, the decision of the Government shall be final.",
"name": "",
"related_acts": "",
"section_id": 14
}
],
"text": "WHEREAS it is necessary to provide for taking over in the public interest the management of certain life and general insurance business pending nationalisation thereof; NOW, THEREFORE, in pursuance of the Proclamation of Independence read with the Provisional Constitution of Bangladesh Order, 1972 and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Order:-"
} |
{
"id": 382,
"lower_text": [
"1 Article 8 was substituted by Article 3 and Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President’s Order No. 12 of 1973)",
"2 The words “Board of Land Administration” were substituted for the words “Commissioner of the Division” by section 2 and the Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982)",
"3 The word, brackets and figure “or (2)” were inserted by section 2 and the Schedule of the Bangladesh Laws (Amending) Ordinance, 1976 (Ordinance No. IX of 1976)"
],
"name": "The Bangladesh (Resumption of Easement Lands) Order, 1972 (President's Order)",
"num_of_sections": 12,
"published_date": "18th April, 1972",
"related_act": [
49,
241
],
"repelled": false,
"sections": [
{
"act_id": 382,
"details": "1. (1) This Order may be called the Bangladesh (Resumption of Easement Lands) Order, 1972. (2) It extends to the whole of Bangladesh except the district of the Chittagong Hill-tracts. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 382,
"details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a) \t“Deputy Commissioner” includes an Additional Deputy Commissioner or a Joint Deputy Commissioner; (b) \t“district settlement operation” means the last cadastral survey and settlement operation and the State acquisition settlement operation carried on in various districts under the Bengal Tenancy Act, 1885, and the East Bengal State Acquisition and Tenancy Act, 1950, respectively; (c) \t“easement” shall have the same meaning as defined in section 4 of the Easements Act, 1882 (Act V of 1882); (d) \t“Government” means the Government of the People's Republic of Bangladesh; (e) \t“lands” means land which is cultivated, un-cultivated or covered with water at any time of the year, rivers, khals, paths, roads, embankments, dams, dykes, and includes benefits to arise out of land, houses, buildings and also things attached to the earth, or permanently fastened to anything attached to the earth; (f) \t“prescribed” means prescribed by rules made under this Order; and (g)\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 Order or any rules made thereunder.",
"name": "",
"related_acts": "49",
"section_id": 2
},
{
"act_id": 382,
"details": "3. (1) Notwithstanding anything contained in any other law for the time being in force or any contract or agreement to the contrary, whenever any land recorded under the district settlement operation as land having any right or easement and now in possession of any person is needed or is likely to be needed for any public purpose or in public interest, the Deputy Commissioner may, with the prior approval of the Government, resume such land by notification in the official Gazette. (2) On the publication of the notification under clause (1), all lands specified therein, shall vest in the Government free from all encumbrances.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 382,
"details": "4. Any person claiming any interest in the land resumed under Article 3, on the ground of having taken lease of such land or any part thereof or having purchased it from any person or otherwise, may, within sixty days after the publication of the notification under Article 3, apply for compensation in the prescribed manner to the Revenue-Officer.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 382,
"details": "5. When an application is made under Article 4, the Revenue-Officer, after giving the applicant an opportunity of being heard and taking such evidence and making such enquiries as he thinks fit, may either reject it recording the reasons for such rejection or allow it for the purpose of assessing compensation.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 382,
"details": "6. When an application is allowed under Article 5 for assessment of compensation, the Revenue-Officer shall assess such compensation in the prescribed manner and in making such assessment, he shall have regard to the amount paid for the lease or purchase by the applicant and to the principles of assessment of compensation under section 39 of the East Bengal State Acquisition and Tenancy Act, 1950 (Act XXVIII of 1951).",
"name": "",
"related_acts": "241",
"section_id": 6
},
{
"act_id": 382,
"details": "7. Any proceedings started under the Land Acquisition Act, 1894 (Act I of 1894), or the East Bengal (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948), or any other law for the requisition or acquisition of any land resumed under Article 3 and all applications and appeals in connection therewith, pending before any officer, Arbitrator, Court or any other authority shall, on the publication of the notification under Article 3, abate and any payment made on account of compensation in connection with such requisition or acquisition shall be refunded by the person who has received it and, in default, shall be recoverable from him as public demand.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 382,
"details": "18. (1) An appeal against an order under Article 5 or 6 passed by a Revenue-officer subordinate to the Deputy Commissioner may be preferred to the Deputy Commissioner within thirty days of the passing of such order. (2) An appeal against an order under Article 5 or 6 passed by a Deputy Commissioner as Revenue-officer may be preferred to the 2Board of Land Administration within thirty days of the passing of such order. (3) An aggrieved party may, within thirty days of disposal of an appeal under clause (1), 3or (2), make an application to the Government for review.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 382,
"details": "9. Government may, by order published in the official Gazette, direct that any power or duty which is conferred or imposed by this Order upon the Government shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by any officer or authority subordinate to it.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 382,
"details": "10. No suit, prosecution or other legal proceeding shall lie against the Government or any person for anything which is in good faith done or intended to be done under this Order or the rules made thereunder.",
"name": "",
"related_acts": "",
"section_id": 10
},
{
"act_id": 382,
"details": "11. Anything done, any action taken or any order passed under this Order shall not be called in question in any Court.",
"name": "",
"related_acts": "",
"section_id": 11
},
{
"act_id": 382,
"details": "12. The Government may make rules for carrying out the purpose of this Order.",
"name": "",
"related_acts": "",
"section_id": 12
}
],
"text": "WHEREAS it is expedient to make provision for resumption of lands recorded as lands having public right of easement in the District Settlement Operation in Bangladesh and for matters incidental thereto; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 383,
"lower_text": [],
"name": "The Bangladesh (Adaptation of East Pakistan Intermediate and Secondary Education Ordinance) Order, 1972 (President's Order)",
"num_of_sections": 2,
"published_date": "20th April, 1972",
"related_act": [
318
],
"repelled": false,
"sections": [
{
"act_id": 383,
"details": "1. (1) This Order may be called the Bangladesh (Adaptation of East Pakistan Intermediate and Secondary Education Ordinance) Order, 1972. (2) It shall come into force at once and shall be deemed to have taken effect on the 16th day of December, 1971.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 383,
"details": "2. (1) As from the 16th day of December, 1971, the East Pakistan Intermediate and Secondary Education Ordinance, 1961 (E. P. Ord. No. XXXIII of 1961) (hereinafter referred to as the said Ordinance) shall, until repealed or altered or amended by the Legislature of Bangladesh or any other competent authority, be subject to the adaptations specified in clause (2). (2) In the said Ordinance, references to “Governor”, “East Pakistan” and “Provincial Government” shall, except where the reference occurs in the title or preamble or any citation or description of the Ordinance and except where the context otherwise requires, be construed as references to “President”, “Bangladesh” and “Government of Bangladesh” respectively.",
"name": "",
"related_acts": "318",
"section_id": 2
}
],
"text": "WHEREAS it is expedient to adapt the East Pakistan Intermediate and Secondary Education Ordinance, 1961 (E. P. Ord. XXXIII of 1961), in Bangladesh; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 384,
"lower_text": [
"1 Article 5 was added by Article 2 of the Bangladesh Industrial Development Corporation (Amendment) Order, 1972 (President’s Order No. 78 of 1972)"
],
"name": "The Bangladesh Industrial Development Corporation Order, 1972 (President's Order)",
"num_of_sections": 5,
"published_date": "9th May, 1972",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 384,
"details": "1. (1) This Order may be called the Bangladesh Industrial Development Corporation Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once and shall be deemed to have taken effect on the 26th day of March, 1971.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 384,
"details": "2. (1) On the commencement of this Order, there shall be established a corporation to be called the Bangladesh Industrial 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 Order, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued. (3) The head office of the Corporation shall be at Dacca.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 384,
"details": "3. In all matters relating to the Bangladesh Industrial Development Corporation, the provisions of the Provincial Industrial Development Corporation (East Pakistan) Ordinance, 1962 (Ord. No. XXXVII of 1962) and the rules and regulations made thereunder shall, subject to the provisions of this Order and the amendments specified in the schedule to this Order, apply.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 384,
"details": "4. Notwithstanding anything contained in the Provincial Industrial Development Corporation (East Pakistan) Ordinance, 1962 (Ord. No. XXXVII of 1962), as amended by this Order, or in any other law, rule or regulation for the time being in force, or in any contract, agreement or document, on the commencement of this Order,- (a)\tthe business, projects and undertakings of the East Pakistan Industrial Development Corporation including all assets, rights, powers and authorities and privileges, and all property, movable and immovable, cash and bank balances, reserve funds, investments and all other interests and rights in, or arising out of, such property of that Corporation subsisting immediately before the commencement of this Order shall stand transferred to and vested in the Bangladesh Industrial Development Corporation; (b)\tsubscription for the shares of the East Pakistan Industrial Development Corporation shall stand transferred to the Bangladesh Industrial Development Corporation; (c)\tthe Board of Directors functioning immediately before the commencement of this Order shall, till the Government otherwise directs, be deemed to be the Board of Directors of the Bangladesh Industrial Development Corporation; (d)\tall debts and liabilities incurred, obligations undertaken, contracts entered into and agreements made by or with the East Pakistan Industrial Development Corporation shall, unless the Government otherwise directs, be deemed to have been incurred, undertaken, entered into or made by or with the Bangladesh Industrial Development Corporation; (e)\tall arbitration proceedings to which, immediately before the commencement of this Order, the East Pakistan Industrial Development Corporation was a party shall be deemed to have abated and no award or decision made or given in such proceedings shall have any effect or be binding on, or enforceable against, the East Pakistan Industrial Development Corporation or the Bangladesh Industrial Development Corporation, and all power or authority to act on behalf of the East Pakistan Industrial Development Corporation in any such proceedings shall be deemed to be revoked and cancelled with effect from the 26th day of March, 1971, and any provision in the contract or agreement providing for the settlement by arbitration of the disputes, in respect of which such proceedings were instituted, shall be deemed to be of no legal effect: Provided that the disputes in respect of which such arbitration proceedings were instituted may be settled by such means as may be determined by an agreement between the Bangladesh Industrial Development Corporation and the party concerned; (f) \tsubject to clauses (d) and (e), all suits and other legal proceedings which, immediately before the commencement of this Order, were pending by or against the East Pakistan Industrial Development Corporation shall be deemed to be suits and other legal proceedings by or against the Bangladesh Industrial Development Corporation and the Bangladesh Industrial Development Corporation shall be deemed to be substituted for the East Pakistan Industrial Development Corporation as a party to such suits and other legal Proceedings; (g)\tall officers, advisors and other employees of the East Pakistan Industrial Development Corporation shall stand transferred to the Bangladesh Industrial Development Corporation and shall serve the Bangladesh Industrial Development Corporation on such terms and conditions as the Government may determine.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 384,
"details": "15. The East Pakistan Industrial Development Corporation shall, on the commencement of the Bangladesh Industrial Development Corporation (Amendment) Order, 1972 (P. O. No. 78 of 1972), stand dissolved.",
"name": "",
"related_acts": "",
"section_id": 5
}
],
"text": "WHEREAS it is expedient to provide for the establishment of an Industrial Development Corporation for the purpose of taking over the assets of the East Pakistan Industrial Development Corporation and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:"
} |
{
"id": 385,
"lower_text": [],
"name": "The East Pakistan Madrasah Education Ordinance (Repeal) Order, 1972 (President's Order)",
"num_of_sections": 2,
"published_date": "17th May, 1972",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 385,
"details": "1. (1) This Order may be called the East Pakistan Madrasah Education Ordinance (Repeal) Order, 1972. (2) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 385,
"details": "2. The East Pakistan Madrasah Education Ordinance, 1971, is hereby repealed.",
"name": "",
"related_acts": "",
"section_id": 2
}
],
"text": "WHEREAS it is expedient to repeal the East Pakistan Madrasah Education Ordinance, 1971; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 386,
"lower_text": [
"1 The words “ten thousand taka” were substituted for the words “one thousand takas” by section 2 of the Bangladesh Names and Emblems (Prevention of Unauthorised Use) (Amendment) Ordinance, 1985 (Ordinance No. XXXV of 1985)",
"2 The words “five thousand taka” were substituted for the words “two hundred takas” by section 3 of the Bangladesh Names and Emblems (Prevention of Unauthorised Use) (Amendment) Ordinance, 1985 (Ordinance No. XXXV of 1985)"
],
"name": "The Bangladesh Names and Emblems (Prevention of Unauthorised Use) Order, 1972 (President's Order)",
"num_of_sections": 9,
"published_date": "17th May, 1972",
"related_act": [
184,
94
],
"repelled": false,
"sections": [
{
"act_id": 386,
"details": "1. (1) This Order may be called the Bangladesh Names and Emblems (Prevention of Unauthorised Use) Order, 1972. (2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh wherever they may be. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 386,
"details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a)\t“competent authority” means any authority competent under any law for the time being in force to grant a patent or to register a trade-mark or design or a company, firm or other body of persons; (b) \t“design” means the design as defined in clause (5) of section 2 of the Patents And Designs Act, 1911 (Act II of 1911); (c) \t“emblem” means the flag, emblem, seal, insignia or coat-of-arms specified in the Schedule and includes a pictorial or illustrative representation or colourable imitation of any emblem; (d) \t“Government” means the Government of the People's Republic of Bangladesh; (e) \t“name” means a name specified in the Schedule and includes any abbreviation of a name; (f) \t“Patent” means a patent as defined in clause (11) of section 2 of the Patents And Designs Act, 1911 (Act II of 1911); (g)\t“trade-mark” means a trade-mark as defined in clause (1) of sub-section (1) of section 2 of the Trade Marks Act, 1940 (Act V of 1940).",
"name": "",
"related_acts": "94,94,184",
"section_id": 2
},
{
"act_id": 386,
"details": "3. (1) No person shall, except with the previous permission in writing of, and in accordance with the conditions, if any, imposed by, the Government or any officer authorised by it in this behalf, use or continue to use a name or emblem in any trade-mark or design or in the title of any patent or for the purposes of any trade, business, calling or profession, or for any other purpose whatsoever. (2) Whoever contravenes the provisions of clause (1) shall be punished with fine which may extend to 1ten thousand taka.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 386,
"details": "4. (1) Notwithstanding anything contained in any other law for the time being in force, no competent authority shall- (a)\tregister a trade-mark or design which bears a name or an emblem, (b) \tregister a company or firm or other body of persons which bears a name, or (c) \tgrant a patent in respect of an invention which bears in its title a name. (2) If any question arises whether or not a trade-mark or design bears an emblem, the competent authority shall refer it to the Government whose decision thereon shall be final.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 386,
"details": "5. The Government may, by notification in the official Gazette, add to, amend or alter the Schedule and any such addition, amendment, or alternation shall have effect as if it had been made by this Order.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 386,
"details": "6. No person shall be proceeded against for an offence under this Order except with the previous sanction of the Government or an officer authorised by it in this behalf by a general or special order.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 386,
"details": "7. The provisions of this Order shall be in addition to and not in derogation of any other law for the time being in force.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 386,
"details": "8. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Order. (2) In making any rule under clause (1) the Government may provide that a contravention of the rule shall be punishable with fine which may extend to 2five thousand taka.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 386,
"details": "9. The Pakistan Names and Emblems (Prevention of Unauthorised Use) Act, 1957 (Act XXVIII of 1957), in its application to Bangladesh, is hereby repealed.",
"name": "",
"related_acts": "",
"section_id": 9
}
],
"text": "WHEREAS it is expedient to provide for the prevention of unauthorised use of certain names and emblems; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 387,
"lower_text": [
"1 Clause (bb) was inserted by section 2 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2003 (Act No. XXXIX of 2003)",
"2 The words “the High Court Division of the Supreme Court” were substituted for the words “High Court of Bangladesh” by section 2 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2003 (Act No. XXXIX of 2003)",
"3 Clause (f) was substituted by section 2 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2003 (Act No. XXXIX of 2003)",
"4 The words “Subject to the provisions of Article 8” were substituted for the words “Save as provided in Article 7 in respect of the first Bar Council” by section 2 of Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2021 (Act No XVI of 2021)",
"5 The word “July” was substituted for the word “April” by Article 2 of the Bangladesh Legal Practitioners and Bar Council (Third Amendment) Order, 1972 (President’s Order No. 144 of 1972)",
"6 Sub-clause (c) was substituted by section 3 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2003 (Act No. XXXIX of 2003)",
"7 Article 5A was inserted by section 4 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2003 (Act No. XXXIX of 2003)",
"8 Article 6 was substituted by section 2 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 1975 (Act No. XII of 1975)",
"9 Article 6A was inserted by section 2 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2012 (Act No. XLIV of 2012).",
"10 Article 7 was omitted by section 3 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2012 (Act No. XLIV of 2012).",
"11 Article 8 was substituted by section 3 of Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2021 (Act No XVI of 2021)",
"12 Article 11A was omitted by section 3 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2011 (Act No. 8 of 2011)",
"13 Sub-clause (b) was omitted by section 4 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2012 (Act No. XLIV of 2012).",
"14 Article 11B was inserted by section 5 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2012 (Act No. XLIV of 2012).",
"15 The words “Chairman or” were omitted by section 3 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 1975 (Act No. XII of 1975)",
"16 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 (Act VII of 1913)” by section 7 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2003 (Act No. XXXIX of 2003)",
"17 Clause (3) was inserted by section 7 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2003 (Act No. XXXIX of 2003)",
"18 The words “permitted to practice before the High Court” were substituted for the word “enrolled” by Article 2 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Order, 1972 (President’s Order No. 53 of 1972)",
"19 Article 27A was omitted by section 4 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2011 (Act No. 8 of 2011)",
"20 The words “before coming into force of this Order” were omitted by Article 2 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Order, 1972 (President’s Order No. 53 of 1972)",
"21 The colon (:) was substituted for the semi-colon and word “; or” and the proviso was added by section 2 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 1974 (Act No. XLI of 1974)",
"22 The brackets and figure “(v)” were omitted by section 2 of the Bangladesh Legal Practitioners and Bar Council (Second Amendment) Act, 1974 (Act No. LX of 1974)",
"23 Clause (1A) was inserted by section 2 of the Bangladesh Legal Practitioners and Bar Council (Second Amendment) Act, 1974 (Act No. LX of 1974)",
"24 Clause (1) was substituted by section 6 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 2012 (Act No. XLIV of 2012).",
"25 The words “Chairman and” were omitted by section 3 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 1975 (Act No. XII of 1975)",
"26 The words “Chairman or” were omitted by section 3 of the Bangladesh Legal Practitioners and Bar Council (Amendment) Act, 1975 (Act No. XII of 1975)",
"27 The words, brackets, figures, letter and comma “Except as provided in clause (1A) of Article 27, nothing” were substituted for the word “Nothing” by section 3 of the Bangladesh Legal Practitioners and Bar Council (Second Amendment) Act, 1974 (Act No. LX of 1974)"
],
"name": "The Bangladesh Legal Practitioner's and Bar Council Order, 1972 (President's Order)",
"num_of_sections": 51,
"published_date": "18th May, 1972",
"related_act": [
1381,
75,
86,
24,
88
],
"repelled": false,
"sections": [
{
"act_id": 387,
"details": "1. (1) This Order may be called the Bangladesh Legal Practitioners and Bar Council Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 387,
"details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a)\t“advocate” means an advocate entered in the roll under the provisions of this Order; (b)\t“Bar Council” means the Bangladesh Bar Council constituted under this Order; 1(bb) \t“Bar Association” means Supreme Court Bar Association or a Local Bar Association; (c)\t“East Pakistan Bar Council” means the Bar Council which, before the 26th day of March, 1971, was known as the East Pakistan Bar Council; (d)\t“Government” means the Government of the People's Republic of Bangladesh; (e)\t“High Court” means 2the High Court Division of the Supreme Court; 3(f)\t“Local Bar Association” means any Bar Association in a District or any other Bar Association recognised under Article 39 but does not include the Supreme Court Bar Association; (g)\t“prescribed” means prescribed by rules made under this Order; (h)\t“roll” means the roll of advocates prepared and maintained by the Bar Council; (i)\t“Tribunal” means a Tribunal constituted under this Order.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 387,
"details": "3. (1) There shall be constituted in accordance with the provisions of this Order a Bar Council to be called the Bangladesh Bar Council. (2) The Bar Council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and shall by the said name sue and be sued.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 387,
"details": "4. 4Subject to the provisions of Article 8, the term of the Bar Council be three years beginning on the first day of 5July following the general elections to the Bar Council; and at the end of each terms the members of the Bar Council shall cease to hold office.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 387,
"details": "5. (1) The Bar Council shall consist of fifteen members, of whom- (a)\tone shall be the Attorney-General for Bangladesh ex-officio; (b)\tseven shall be elected in the prescribed manner by the advocates on the roll from amongst their members; and 6(c) \tseven shall be elected by the Advocates who are members of the Local Bar Associations included in each group under clause (2), from amongst themselves. (2) For the purpose of sub-clause (c) of clause (1), the bar associations shall be divided by the Government, by notification in the official Gazette, into seven groups.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 387,
"details": "75A. (1) No Advocate shall hold office of member of the Bar Council for more than two consecutive terms. (2) An Advocate who has been elected for two consecutive terms as a member of the Bar Council immediately before this Article comes into force shall not be eligible to be elected as a member of the Bar Council for the next term.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 387,
"details": "86. (1) There shall be a Chairman and a Vice-Chairman of the Bar Council. (2) The Attorney-General for Bangladesh shall be the Chairman ex officio of the Bar Council. (3) The Vice-Chairman of the Bar Council shall be elected in the prescribed manner by the members of the Council from amongst themselves. (4) The Chairman and the Vice-Chairman of the Bar Council shall have such powers and functions as may be prescribed.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 387,
"details": "96A. There shall be a Secretary of the Bar Council appointed by the Government from amongst the District Judges or Additional District Judges on such terms and conditions as may be determined by it.",
"name": "6A",
"related_acts": "",
"section_id": 8
},
{
"act_id": 387,
"details": "10***",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 387,
"details": "118. (1) Elections to the Bar Council shall be held so as to conclude on or before the thirty first day of May in the year in which the term of the Bar Council expires.(2) If the elections to the Bar Council cannot be held within the time specified in clause (1) due to pandemic, epidemic, act of God or for any other unavoidable circumstances as may be determined by the Government from time to time, the Government may, by notification in the official Gazette, constitute an Ad-hoc Bar Council consisting of fifteen members for a term not exceeding one year and this term shall not be further extended.The Attorney-General for Bangladesh shall be one of the members of the Ad-hoc Bar Council and shall also be its Chairman.(4) Notwithstanding anything contained in any other provision of this Order, the Ad-hoc Bar Council shall exercise such powers and functions of the Bar Council as specified in this Order and the rules made thereunder.",
"name": "",
"related_acts": "",
"section_id": 10
},
{
"act_id": 387,
"details": "9. No election of a member to the Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any person entitled to vote thereat if notice of the date has, not less than thirty days before that date, been published in the official Gazette.",
"name": "",
"related_acts": "",
"section_id": 11
},
{
"act_id": 387,
"details": "10. Subject to the provisions of this Order and the rules made thereunder the functions of the Bar Council shall be- (a)\tto admit persons as advocates on its roll, to hold examinations for purposes of admission, and to remove advocates from such roll; (b)\tto prepare and maintain such roll; (c)\tto lay down standard of professional conduct and etiquette for advocates; (d)\tto entertain and determine cases of misconduct against advocates on its roll and to order punishment in such cases; (e)\tto safeguard the rights, privileges and interests of advocates on its roll; (f)\tto manage and invest the funds of the Bar Council; (g)\tto provide for the election of its members; (h)\tto lay down the procedure to be followed by its committees; (i)\tto promote legal education and to lay down the standards to such education in consultation with the universities in Bangladesh imparting such education; (j)\tto perform all other functions conferred on it by or under this Order; (k)\tto do all other things necessary for discharging the aforesaid functions.",
"name": "",
"related_acts": "",
"section_id": 12
},
{
"act_id": 387,
"details": "12***",
"name": "",
"related_acts": "",
"section_id": 13
},
{
"act_id": 387,
"details": "11. (1) The Bar Council shall constitute the following standing committees namely:- (a)\tan executive committee consisting of five members elected by the Council from amongst its members; 13*** (c)\ta finance committee consisting of five members elected by the Council from amongst its members; (d)\ta legal education committee consisting of nine members-five elected by the Council from amongst its members and four co-opted by the Council from persons other than the members of the Council at least two of whom shall be teachers of law in any university or college in Bangladesh. (2) The aforesaid committees shall have such powers and functions as may be prescribed. (3) The Bar Council may constitute from amongst its members such other committees as it may deem necessary for the performance of its functions under this Order.",
"name": "",
"related_acts": "",
"section_id": 14
},
{
"act_id": 387,
"details": "1411B. (1) Notwithstanding anything contained in any other law for the time being in force or in this Order or rules made thereunder, there shall be an enrolment committee consisting of following members for the enrolment of Advocates desiring to practice in the High Court Division of the Supreme Court or nay other Court subordinate to it, namely : - (a) a Chairman to be nominated by the Chief Justice from amongst the Judges of the Appellate Division; (b) two members to be nominated by the Chief Justice from amongst the Judges of the High Court Division; (c) Attorney -General for Bangladesh; (d) one member elected by the Bar Council from amongst its members. (2) The procedure of the enrolment of Advocates and the business of the enrolment committee shall be regulated in such manner as may be determined by it.",
"name": "",
"related_acts": "",
"section_id": 15
},
{
"act_id": 387,
"details": "12. A casual vacancy in the Bar Council shall be filled,- (a) \tif the person who previously filled that vacancy was a member, by the person who received the highest number of votes next after that member, in the same election, and in the event there being no such person, by co-option by the Bar Council of a person eligible for election to the Council under this Order; and (b)\tif it occurs in the office of the 15* * * Vice-Chairman, by a person elected in the prescribed manner by the members of the Council from amongst themselves.",
"name": "",
"related_acts": "",
"section_id": 16
},
{
"act_id": 387,
"details": "13. All sums received by the Bar Council as enrolment fees or as grants, donations or subscriptions shall form part of the Bar Council and that fund shall be managed, administered and utilized in such manner as may be prescribed. Explanation - In this Article, the expression, “enrolment fees” includes fees and their families and dependents, group insurance schemes and benevolent funds.",
"name": "",
"related_acts": "",
"section_id": 17
},
{
"act_id": 387,
"details": "14. (1) The Bar Council may constitute, for the benefit of the advocates and their families and dependents, group insurance schemes and benevolent funds. (2) Where any such fund is constituted, every advocate on the roll shall be liable to pay to the fund as contribution or, as the case may be, as premium such sum of money, and in such manner, as may be prescribed. (3) A fund constituted under clause (1) shall be managed, administered and utilised in such manner as may be prescribed.",
"name": "",
"related_acts": "",
"section_id": 18
},
{
"act_id": 387,
"details": "15. (1) A Bar Council may, whenever necessary, constitute a relief fund for the help of any distressed advocate or his family and dependents or for assistance to bar associations affected by war damage or natural calamities or other extraordinary causes. (2) The relief fund constituted under clause (1) may consist of- (a)\tamounts transferred from any other fund of the Bar Council; (b)\tgrants made by the Government; (c)\tcontributions received from the advocates; and (d)\tdonations received from the public, local authorities or other sources. (3) Assistance from a relief fund may be in the form of loan or guarantee for the repayment of any loan or lump-sum grant or purchase and distribution of materials. (4) The manner in which and the conditions subject to which any assistance may be extended under this Article shall be determined by the Bar Council.",
"name": "",
"related_acts": "",
"section_id": 19
},
{
"act_id": 387,
"details": "16. (1) The Bar Council shall cause to be maintained such books of accounts and other books in such form and in such manner as may be prescribed. (2) The accounts of the Bar Council shall be audited by an auditor, who shall be appointed by the Bar Council from amongst auditors duly qualified to act as auditors of companies under the 16Companies Act, 1994 (Act 18 of 1994), at such time and in such manner as may be prescribed. 17(3) The audited accounts of the Bar Council under clause (2) shall be submitted to the Public Accounts Committee of the Parliament through the Parliament Secretariat.",
"name": "",
"related_acts": "",
"section_id": 20
},
{
"act_id": 387,
"details": "17. No act done by the Bar Council or any Tribunal or committee thereof shall be called in questions on the ground merely of the existence of any vacancy in, or any defect in the constitution of, such Council, Tribunal or committee.",
"name": "",
"related_acts": "",
"section_id": 21
},
{
"act_id": 387,
"details": "18. No suit or other legal proceeding shall lie against the Bar Council or any Tribunal, Committee, officer or servant of the Bar Council for any act in good faith done or intended to be done in pursuance of the provisions of this Order or rules made thereunder.",
"name": "",
"related_acts": "",
"section_id": 22
},
{
"act_id": 387,
"details": "19. (1) Save as otherwise provided in this Order, no person shall be entitled to practise the profession of law unless he is an advocate. (2) Subject to the provisions of this Order, the rules made thereunder and any other law for the time being in force, an advocate shall be entitled as of right to practise throughout Bangladesh, and to appear, act and plead before any court, tribunal or revenue authority in Bangladesh.",
"name": "",
"related_acts": "",
"section_id": 23
},
{
"act_id": 387,
"details": "20. The Bar Council shall prepare and maintain a roll of advocate in which shall be entered the names of- (a)\tall persons who were, as advocate, entitled to practise in the High Court or in any Court or in any Court subordinate to the High Court immediately before the commencement of this Order; (b)\tall persons who are admitted as advocates under the provision of this Order.",
"name": "",
"related_acts": "",
"section_id": 24
},
{
"act_id": 387,
"details": "21. (1) No advocate other than an advocate 18permitted to practise before the High Court immediately before the commencement of this Order shall be permitted to practise before the High Court unless- (a)\the has practised as an advocate before subordinate courts in Bangladesh for a period of two years; (b)\the is a law graduate and has practised as an advocate before any High Court outside Bangladesh notified by the Government in the official Gazette; (c)\the has, for reason of his legal training or experience, been exempted by the Bar Council from the foregoing requirements of this clause on the basis of the prescribed criteria. (2) Permission to practise before the High Court shall be given in the form prescribed by the Bar Council on proof that the fee prescribed under Article 22 has been paid and that the relevant condition laid down in clause (1) are duly satisfied.",
"name": "",
"related_acts": "",
"section_id": 25
},
{
"act_id": 387,
"details": "22. (1) The Bar Council may prescribe the following fees to be paid to the Bar Council, namely:- (a)\tfee for enrolment as an advocate; (b)\tfee for permission to practise before the High Court; (c)\tannual fee payable by advocates: Provided that- (i)\tno person whose name is entered on the roll of advocates under clause (a) of Article 20 shall be required to pay the fee for enrolment; (ii)\tno person who was an advocate of the High Court immediately before the commencement of this Order shall be required to pay the fee for permission to practise before the High Court; and (iii)\tno advocate shall be required to pay the annual fee remaining unpaid for 1971 or the annual fee for 1972. (2) The fees referred to in sub-clause (a) and (b) of clause (1) may be paid in such instalments, if any, as may be prescribed. (3) The annual fee referred to in sub-clause (c) of clause (1) shall be paid by such date as may be prescribed. (4) If an advocate fails to pay an instalment of fee or the annual fee or contribution or premium under clause (2) of Article 14 payable by him by the prescribed date, he shall be liable to pay such further fee for late payment as may be prescribed: Provided that, if he fails to pay such instalment, fee, contribution or premium for six months following the date on which it becomes due, he shall, by notice, be asked to show cause why his name shall not be struck off the roll of advocates and if the explanation is unsatisfactory, his name shall be struck off the roll of advocates and shall not be restored except upon payment of such penalty not exceeding the sum of such instalment, fee, contribution or premium: Provided further that the enrolment committee, having regard to the circumstances of each case, may direct exemption of such penalty.",
"name": "",
"related_acts": "",
"section_id": 26
},
{
"act_id": 387,
"details": "23. (1) Entries in the roll shall be made in the order of seniority and such seniority shall be determined as follows, namely:- (a)\tall such persons as are referred to in clause (a) of Article 20 shall be entered first in the order in which they were respectively entitled to seniority immediately before the commencement of this Order; and (b)\tthe seniority of any other person admitted to be an advocate under this Order after the commencement of this Order shall be determined by the date of his admission. (2) Where the date of seniority of two or more persons is the same, the one senior in age shall rank as senior to the other.",
"name": "",
"related_acts": "",
"section_id": 27
},
{
"act_id": 387,
"details": "24. The Bar Council shall issue a certificate of enrolment in the prescribed form to every person enrolled under Article 23.",
"name": "",
"related_acts": "",
"section_id": 28
},
{
"act_id": 387,
"details": "25. (1) The Bar Council shall send to the High Court a copy of the roll as prepared under Article 20 and shall thereafter communicate to the High Court all alterations in, and additions to, the roll as soon as the same have been made. (2) The High Court shall enter in the copy of the roll all alterations and additions communicated to it.",
"name": "",
"related_acts": "",
"section_id": 29
},
{
"act_id": 387,
"details": "26. (1) The Attorney-General for Bangladesh shall have the right of pre-audience over all other advocates. (2) The right of pre-audience among other advocates shall be determined by seniority interse.",
"name": "",
"related_acts": "",
"section_id": 30
},
{
"act_id": 387,
"details": "19***",
"name": "",
"related_acts": "",
"section_id": 31
},
{
"act_id": 387,
"details": "27. (1) Subject to provisions of this Order and the rules made thereunder, a person shall be qualified to be admitted as an advocate if he fulfils the following conditions, namely:- (a) \the is a citizen of Bangladesh; (b)\the has completed the age of twenty-one years; (c)\the had obtained- (i)\t 20 * * * a degree in law from any university situated within the territory which forms part of Bangladesh; or (ii)\tbefore the 26th day of March, 1971, a degree in law from any university in Pakistan 21: Provided that the Bar Council may recognise such degree obtained by such person after the 25th day of March, 1971, if it is satisfied that he was prevented by circumstances beyond his control from returning to Bangladesh after that date; or (iii)\tbefore the 14th day of August, 1947, a degree in law from any university in any area which was comprised before that date within India as defined by the Government of India Act, 1935; or (iv)\ta bachelor's degree in law from any university outside Bangladesh recognised by the Bar Council; or 22* * * he is a barrister; (d)\the has passed such examination as may be prescribed by the Bar Council; and (e)\the has paid such enrolment fee and fulfils such other conditions as may be specified in the rules made by the Bar Council. 23(1A) Notwithstanding anything contained in clause (1), a person who has, for at least seven years, been a Mukhtar may, subject to the other provisions of this Order and the rules made thereunder, be admitted as an advocate if he fulfils the conditions specified in sub-clauses (a), (b), (d), and (e) of clause (1). (2) Before a person is admitted as an advocate, the Bar Council may require him to undergo such course of training as it may prescribe. (3) A person shall be disqualified from being admitted as an advocate if- (a)\the was dismissed from service of Government or of a public statutory corporation on a charge involving moral turpitude, unless a period to two years has elapsed since his dismissal; or (b)\the has been convicted for an offence involving moral turpitude, unless a period of five years or such less period as the Government may, by notification in the official Gazette, specify in this behalf, had elapsed from the date of the expiration of the sentence.",
"name": "",
"related_acts": "",
"section_id": 32
},
{
"act_id": 387,
"details": "28. No woman shall be disqualified for admission to be an advocate for reason only of her sex.",
"name": "",
"related_acts": "",
"section_id": 33
},
{
"act_id": 387,
"details": "29. An application for admission as an advocate shall be made in the prescribed form to the Bar Council.",
"name": "",
"related_acts": "",
"section_id": 34
},
{
"act_id": 387,
"details": "30. (1) All applications for admission as an advocate received by the Bar Council shall be referred to its enrolment committee. (2) The enrolment committee may either grant the application or return it to the Bar Council recording its reasons for not granting the application. (3) Where any application is so returned, the Bar Council may, after considering the reasons recorded by the enrolment committee, either grant or reject the application.",
"name": "",
"related_acts": "",
"section_id": 35
},
{
"act_id": 387,
"details": "31. An advocate may suspend his practice in such manner as may be prescribed.",
"name": "",
"related_acts": "",
"section_id": 36
},
{
"act_id": 387,
"details": "32. (1) An advocate on the roll may, in the manner hereinafter provided, be reprimanded, suspended or removed from practice if he is found guilty of professional or other misconduct. (2) Upon receipt of a complaint made to it by any Court or by other person that any such advocate has been guilty of misconduct, the Bar Council shall, if it does not summarily reject the complaint, refer the case for disposal to a Tribunal constituted under Article 33 (hereinafter referred to as the Tribunal) and may of its own motion so refer any case in which it has otherwise reason to believe that any such advocate has been so guilty.",
"name": "",
"related_acts": "",
"section_id": 37
},
{
"act_id": 387,
"details": "33. (1) The Bar Council may constitute one or more Tribunals and each such Tribunal shall consist of three persons of whom two shall be persons elected by the Council from amongst its members and the other shall be a person co-opted by the Council from amongst the advocates on the roll, and the senior-most advocate amongst the members of a Tribunal shall be its Chairman: Provided that the Attorney-General for Bangladesh shall not be a member of any Tribunal. (2) Notwithstanding anything contained in this Order,- (a)\twhere any enquiry is pending before a Tribunal constituted under the Legal Practitioners and Bar Councils Act, 1965 (Act III of 1965), such enquiry shall be transferred to a Tribunal constituted by the Bar Council under clause (1) and thereupon such Tribunal shall proceed with the enquiry from the stage at which its predecessor had left it. (b)\twhere any enquiry is pending before a Tribunal constituted under this Order at the time of the expiry of the term of the Bar Council, such enquiry shall be completed and disposed of by that Tribunal: Provided that the Chairman of the Bar Council may, by an order in writing, direct that any such enquiry shall be completed and disposed of by a Tribunal constituted by the Bar Council under clause (3) and thereupon the enquiry shall stand transferred to such Tribunal which shall proceed with the enquiry from the stage at which its predecessor had left it.",
"name": "",
"related_acts": "",
"section_id": 38
},
{
"act_id": 387,
"details": "34. (1) In enquires relating to conduct of advocates, a Tribunal shall follow such procedure as may be prescribed. (2) The Tribunal shall fix a date for hearing of the case and shall cause notice of the day so fixed to be given to the advocate concerned and to the Attorney-General for Bangladesh and shall afford the advocate concerned and the Attorney-General an opportunity of leading evidence, if any, and of being heard before orders are passed in the case. (3) Notwithstanding anything contained in this Order or any other law for the time being in force, the Chairman of the Tribunal may empower one of the members of the Tribunal to consider and decide preliminary issues and to record evidence. (4) On completion of the enquiry the Tribunal may either dismiss the complaint or, where reference to the Tribunal was made at the motion of the Bar Council, direct that the proceedings be filed; or it may make an order imposing any of the penalties referred to in clause (1) of Article 32. (5) Where the Tribunal makes an order for the suspension of an advocate from practice, it shall specify the period of suspension, and for that period the advocate shall be debarred from practising in any court or before any authority or person in Bangladesh. (6) The Tribunal may make such order as to the costs of proceedings before it as it may deem fit; and where the Tribunal is of the opinion that a complaint made against advocate is false and vexatious, it may, in addition, and without prejudice to any other remedy available to an advocate, impose deterrent costs not exceeding a sum of five hundred rupees upon the complainant, which shall be paid to the advocate as compensation. (7) Every order of the Tribunal as to costs or deterrent costs shall be executable as an order of the High Court. (8) The Tribunal may, of its own motion or on application made to it in this behalf, review any order passed under clause (4) or (6) and maintain, vary or rescind the same, as it thinks fit. (9) When any advocate is reprimanded or suspended under this Order, a record of the punishment shall be entered against his name in the roll and when an advocate is removed from practice his name shall forthwith be struck off the roll; and the certificate of any advocate so suspended or removed shall be re-called.",
"name": "",
"related_acts": "",
"section_id": 39
},
{
"act_id": 387,
"details": "35. (1) For the purposes of any such enquiry as aforesaid, a Tribunal shall have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:- (a)\tenforcing the attendance of any person, (b)\tcompelling the production of documents, and (c)\tissuing commissions for the examination of witnesses: Provided that the Tribunal shall not have power to require the attendance of the presiding officer of any Court save with the previous sanction of the High Court or, in the case of an officer of a Criminal or Revenue Court, of the Government. (2) Every such enquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Bangladesh Penal Code (Act XLV of 1860); and a Tribunal shall be deemed to be a Civil Court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898). (3) For the purpose of enforcing the attendance of any person or compelling the production of documents or issuing commissions- (a)\tthe local limits of the jurisdiction of a Tribunal shall be those of the jurisdiction of the Bar Council; and (b)\ta Tribunal may send to any Civil Court having jurisdiction in the place where the Tribunal is sitting any summons or other process for the attendance of a witness or the production of a document required by the Tribunal, or any commission which it desires to issue, and the Civil Court shall serve such process or issue such commission, as the case may be, and may enforce any such process as if it were a process for attendance or production before itself. (4) Proceedings before a Tribunal in any such enquiry shall be deemed to be civil proceedings for the purposes of section 132 of the Evidence Act, 1872 (Act I of 1872), and the provisions of that section shall apply accordingly.",
"name": "",
"related_acts": "86,75,24",
"section_id": 40
},
{
"act_id": 387,
"details": "36. (1) Any person aggrieved by an order of a Tribunal under Article 34 may, within ninety days from the date of the communication of the order to him, prefer an appeal to the High Court. (2) Every such appeal shall be heard by a Division Bench of the High Court which may pass such order thereon as it may deem fit and the order of the High Court shall be final.",
"name": "",
"related_acts": "",
"section_id": 41
},
{
"act_id": 387,
"details": "37. The provisions of sections 5 and 12 of the Limitation Act, 1908 (Act IX of 1908), shall, so far as may be, apply to appeals made under Article 36.",
"name": "",
"related_acts": "88",
"section_id": 42
},
{
"act_id": 387,
"details": "38. An appeal made under Article 36 shall not operate as stay of the order appealed against, but the High Court may, for sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit.",
"name": "",
"related_acts": "",
"section_id": 43
},
{
"act_id": 387,
"details": "39. The Bar Council may recognise a bar association in such manner and subject to such conditions as may be prescribed.",
"name": "",
"related_acts": "",
"section_id": 44
},
{
"act_id": 387,
"details": "40. 24(1) The Bar Council may, with the prior approval of the Government, by notification in the official Gazette, make rules to carry out the purposes of this Order. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a)\tthe manner in which election of members of the Bar Council shall be held and the manner in which results of election shall be published; (b)\tthe manner of election of the 25* * * Vice-Chairman of the Bar Council; (c)\tthe manner in which and the authority by which doubts and disputes as to the validity of an election to the Bar Council or to the office of the 26* * * Vice-Chairman of the Bar Council shall be finally decided; (d)\tthe powers and duties of the Chairman and Vice-Chairman of the Bar Council; (e)\tthe summoning and holding of meetings of the Bar Council, the times and places where such meetings are to be held, the conduct of business thereat and the number of members necessary to constitute a quorum; (f)\tthe constitution and functions of any committee of the Bar Council and the term of office of the members of any such committee; (g)\tthe summoning and holding of meetings of a committee, the conduct of business of such committee and the number of members necessary to constitute a quorum; (h)\tthe qualification and terms and conditions of staff to be employed by the Bar Council; (i)\tmatters pertaining to management, administration, utilization and investment of the funds of the Bar Council; (j)\tthe constitution of separate funds for special purposes by the Bar Council and the purposes for which the general funds of the Bar Council may be utilised; (k)\tthe maintenance of books of accounts and other books by the Bar Council; (l)\tthe appointment of auditors and the audit of the accounts of the Bar Council; (m)\tthe examination to pass for admission as an advocate; (n)\tthe form in which applications for admission as an advocate are to be made and the manner in which such applications are to be disposed of; (o)\tthe conditions subject to which a person may be admitted as an advocate; (p)\tthe manner in which an advocate may suspend his practice; (q)\tthe fee payable for enrolment; the fee payable for permission to practise in the High Court; the instalments, if any, in which any such fee may be paid; (r)\tthe form in which permission to practise as an advocate in the High Court shall be given; (s)\tthe standard of professional conduct and etiquette to be observed by advocates; (t)\tthe standard of legal education to be observed by universities in Bangladesh and the inspection of universities for that purpose; (u)\tthe manner in which and the conditions subject to which a bar association may be recognised; (v)\tthe procedure to be followed by a Tribunal of the Bar Council in enquiries relating to the conduct of an advocate; (w)\tthe fees which may be levied in respect of any matter under this Order; (x)\tthe general principles for guidance of the Bar Council. (3) Until rules are made by the Bar Council, the power of the Council under this Article shall be exercised by the Government.",
"name": "",
"related_acts": "",
"section_id": 45
},
{
"act_id": 387,
"details": "41. Any person who is not an advocate and practises the profession of law and any person who is not entitled under this Order to practise in the High Court practises before that Court shall be punishable with imprisonment for a term which may extend to six months.",
"name": "",
"related_acts": "",
"section_id": 46
},
{
"act_id": 387,
"details": "42. (1) Notwithstanding anything contained in this Order or in any other law for the time being in force,- (a)\tthe enrolment of all persons as advocates during the period from the 26th day of March, 1971, to the 15th day of December, 1971, shall stand cancelled; and (b)\tall persons enrolled as advocates during the period from the 1st day of January, 1972, to the 30th day of June, 1972, shall be deemed to be enrolled on 1st day of January, 1972. (2) A person whose enrolment is deemed to be cancelled under sub-clause (a) of clause (1) shall be eligible for fresh enrolment and may apply to the enrolment committee for such enrolment. (3) Notwithstanding the cancellation of enrolment of a person as an advocate under sub-clause (a) of clause (1), all actions taken by such person as an advocate before the commencement of this Order shall be deemed to be valid.",
"name": "",
"related_acts": "",
"section_id": 47
},
{
"act_id": 387,
"details": "43. The Legal Practitioners and Bar Council Act, 1965 (Act III of 1965) is hereby repealed.",
"name": "",
"related_acts": "",
"section_id": 48
},
{
"act_id": 387,
"details": "44. On the commencement of this Order,- (a)\tall properties and assets vesting in the East Pakistan Bar Council shall vest in the Bar Council; (b)\tall properties and assets of the Pakistan Bar Council in Bangladesh shall vest in the Bar Council; (c)\tall rights liabilities and obligations of the East Pakistan Bar Council whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations of the Bar Council; (d)\tall proceedings pending before the East Pakistan Bar Council in respect of any disciplinary matter or otherwise shall stand transferred to the Bar Council; (e)\tall appeals pending before the Appellate Tribunal of the Pakistan Bar Council in cases disposed of by the Tribunals of East Pakistan Bar Council shall stand transferred to the High Court and the decision of the High Court thereon shall be final; (f)\tall officers and other employees of the Pakistan Bar Council employed in Bangladesh and of the East Pakistan Bar Council shall stand transferred to the Bar Council and shall serve under the Bar Council on such terms and conditions as it may determine; and (g)\tthe Canons of Professional Conduct and Etiquette framed by the Pakistan Bar Council shall be deemed to be the Canons framed by the Bar Council and in those Canons for the word “Pakistan”, wherever occurring, the word “Bangladesh” shall be substituted.",
"name": "",
"related_acts": "",
"section_id": 49
},
{
"act_id": 387,
"details": "45. 27Except as provided in clause (1A) of Article 27, nothing in this Order shall apply to mukhtars and revenue agents and every mukhtar and revenue agent practising as such immediately before the commencement of this Order shall continue to enjoy the same rights as respects practice in any Court or revenue office or before any authority or person as he enjoyed, and be subject to the disciplinary jurisdiction of the said authority to which he was subject, immediately before such commencement, and the provisions of the Legal Practitioners Act, 1879 (Act XVIII of 1879), or other law shall have effect in relation to such persons as if they had not been repealed by the Legal Practitioners and Bar Councils Act, 1965 (Act III of 1965).",
"name": "",
"related_acts": "",
"section_id": 50
},
{
"act_id": 387,
"details": "46. If any difficulty arises in giving effect to the provisions of this Order, particularly in relation to the transition from the enactment repealed by this Order to the provisions of this Order, the Government may, by order published in the official Gazette, make such provisions, not inconsistent with the purposes of this Order, as appear to it to be necessary or expedient for removing the difficulty.",
"name": "",
"related_acts": "",
"section_id": 51
}
],
"text": "WHEREAS it is expedient to amend and consolidate the law relating to legal practitioners and to provide for the constitution of a Bar Council for Bangladesh and for matters incidental or ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 388,
"lower_text": [
"1 The words “or Preamble” were omitted by Article 2 of the Bangladesh Adaptation of Existing Laws (Amendment) Order, 1972 (President’s Order No. 150 of 1972)",
"2 The words “or Preamble” were omitted by Article 2 of the Bangladesh Adaptation of Existing Laws (Amendment) Order, 1972 (President’s Order No. 150 of 1972)",
"3 Article 7 was substituted by Article 3 of the Bangladesh Adaptation of Existing Laws (Amendment) Order, 1972 (President’s Order No. 150 of 1972)",
"4 Article 11 was inserted by Article 4 of the Bangladesh Adaptation of Existing Laws (Amendment) Order, 1972 (President’s Order No. 150 of 1972)"
],
"name": "The Bangladesh (Adaptation of Existing Laws) Order, 1972 (President's Order)",
"num_of_sections": 11,
"published_date": "22nd May, 1972",
"related_act": [
187,
220
],
"repelled": false,
"sections": [
{
"act_id": 388,
"details": "1. (1) This Order may be called the Bangladesh (Adaptation of Existing Laws) Order, 1972. (2) It shall come into force at once and shall be deemed to have taken effect on the 26th day of March, 1971.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 388,
"details": "2. In this Order, “existing law” means any Act, Ordinance, Regulation, Rule, Order or bye-law which immediately before the 26th day of March, 1971, had the force of law in whole or any part of the territories now comprised in the People's Republic of Bangladesh.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 388,
"details": "3. As from the 26th day of March, 1971, all “existing laws” shall, until repealed or altered or amended by competent Legislature or other competent authority, in their application to Bangladesh, be subject to the Adaptation directed in this Order.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 388,
"details": "4. Where an existing law, other than the Income-Tax Act, 1922, the Excess Profits Tax Act, 1940, the Business Profits Tax Act, 1947, the Estate Duty Act, 1950, the Sales Tax Act, 1951, the Gift Tax Act, 1963 and the Wealth Tax Act, 1963, contains any provision extending the law to the whole of Pakistan or to whole of East Pakistan, that provision shall be so construed as to refer to the whole of the People's Republic of Bangladesh.",
"name": "",
"related_acts": "187,220",
"section_id": 4
},
{
"act_id": 388,
"details": "5. References in any existing law, other than the Income-Tax Act, 1922, the Excess Profits Tax Act, 1940, the Business Profits Tax Act, 1947, the Estate Duty Act, 1950, the Sales Tax Act, 1951, the Gift Tax Act, 1963 and the Wealth Tax Act, 1963, to 'Pakistan' or 'East Pakistan' shall, except where the reference occurs in a title 1* * * or any citation or description of an Act, Ordinance or Regulation and except where context otherwise requires, be replaced by references to Bangladesh.",
"name": "",
"related_acts": "187,220",
"section_id": 5
},
{
"act_id": 388,
"details": "6. References in any existing law to 'Pakistan', 'Bengal', 'East Bengal' or 'East Pakistan' in a title 2* * * or any citation or description in any Act, Ordinance or Regulation shall, except where the context otherwise requires, shall be omitted.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 388,
"details": "37. (1) Unless the context otherwise requires- (a)\tany reference in any law for the time being in force, to the High Court, the High Court of Dacca or the High Court of Bangladesh, exercising original, appellate, revisional or other jurisdiction, shall, as from the 16th day of December, 1972, be construed as reference to the High Court Division of the Supreme Court of Bangladesh established under the Constitution. (b)\tany reference in any existing law to the Supreme Court exercising original, appellate or revisional or other jurisdiction shall, as from the 16th day of December, 1972, be construed as reference to the Appellate Division of the Supreme Court of Bangladesh established under the Constitution. (2) Except as otherwise provided in sub-clauses (a) and (b) of clause 1 and where the context so requires, any reference in any law for the time being in force to the Supreme Court or to the High Court of Dacca or the High Court of Bangladesh shall, as from the 16th day of December, 1972, shall be construed as reference to the Supreme Court of Bangladesh established under the Constitution. (3) Any reference in any law to an Advocate entitled to practise before the High Court, shall, as from the 16th day of December, 1972, be construed as an Advocate entitled to practise before the Appellate Division and the High Court Division of the Supreme Court of Bangladesh established under the Constitution.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 388,
"details": "8. Any reference in any existing law to “the Central Government”, “the Government of Pakistan”, “the Provincial Government” or “the Government of East Pakistan” shall be construed as a reference to the Government of the People's Republic of Bangladesh.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 388,
"details": "9. Any reference in any existing law to the President of Pakistan, the President, the Governor of East Pakistan or the Governor shall, except where the context otherwise requires, be replaced by reference to Government of the People's Republic of Bangladesh.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 388,
"details": "10. Any Court, Tribunal or Authority required or empowered to enforce an existing law shall, notwithstanding that this Order makes no provision or insufficient provision for adaptation of the law for the purpose of rendering it consistent with the Proclamation of Independence or the Provisional Constitution of Bangladesh Order, 1972, construed the law with such adaptations as are necessary for the said purpose: Provided that if any question arises regarding the adaptation with which such laws should be construed for the said purpose, the question shall be referred to the Government of the People's Republic of Bangladesh and the decision of the Government on any such matter shall be final.",
"name": "",
"related_acts": "",
"section_id": 10
},
{
"act_id": 388,
"details": "411. (1) Any reference in any existing law to the “Advocate General” shall be construed as a reference to the “Attorney General”. (2) Any reference in any existing law to “Government Pleader” shall be construed as referring to an “Advocate”, or where appropriate, “the Deputy Attorney General (Civil)”, appointed by the Government.",
"name": "",
"related_acts": "",
"section_id": 11
}
],
"text": "WHEREAS the Laws Continuance and Enforcement Order provides that all laws which were in force on the 25th day of March, 1971, in the territories now comprised in the People’s Republic of Bangladesh shall continue to be in force in Bangladesh subject to such consequential changes as may be necessary; NOW, THEREFORE, in pursuance of Proclamation of Independence of Bangladesh read with the Provisional Constitution of Bangladesh Order, 1972 and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Order:-"
} |
{
"id": 389,
"lower_text": [
"1 The words “Members of the Council of Ministers” were substituted for the words “Ministers of the Cabinet” by section 3 of the Bangladesh Laws (Amendment) Act, 1975 (Act No. XIII of 1975)",
"2 Clause (b) was substituted by section 3 of the Bangladesh Laws (Amendment) Act, 1975 (Act No. XIII of 1975)"
],
"name": "The Bangladesh Special (Remuneration and Privileges) Order, 1972 (President's Order)",
"num_of_sections": 9,
"published_date": "22nd May, 1972",
"related_act": [
490
],
"repelled": false,
"sections": [
{
"act_id": 389,
"details": "1. (1) This Order may be called the Bangladesh Special (Remuneration and Privileges) Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once and shall be deemed to have taken effect on the first day of January, 1972.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 389,
"details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a) \t“Government” means the Government of the People's Republic of Bangladesh; 2(b) \t“Minister” means a member of the Council of Ministers and includes a Minister of State and a Deputy Minister but does not include the Prime Minister; (c)\t“Prescribed” means prescribed under the rules framed by the Government. (d)\tThe “President” means the President of the People's Republic of Bangladesh. (e)\tThe “Prime Minister” means the Prime Minister of the People's Republic of Bangladesh. (f)\t“Scheduled Office” means an office enumerated in the schedule to this Order.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 389,
"details": "3. The President, the Prime Minister, a Minister and the holders of the offices enumerated in the Schedule shall be paid such salary and allowances and shall be entitled to such privileges as may be prescribed.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 389,
"details": "4. The Prime Minister and a Minister in receipt of a salary or allowances under this Order shall not be entitled to receive any sum out of funds provided by Legislature by way of salary or allowances in respect of his membership of the Legislature.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 389,
"details": "5. The date on which any person becomes or ceases to be the President, Prime Minister, a Minister or the holder of a scheduled office shall be published in the official Gazette, and any such notification shall be conclusive evidence of the fact that he became, or ceased to be the President, the Prime Minister, a Minister or the holder of a scheduled office on that date for the purposes of this Order.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 389,
"details": "6. All salaries paid or payable for the period commencing on the first day of January, 1972 and ending with the commencement of this Order to any person to whom this Order applies, all charges incurred before the commencement of this Order in respect of accommodation provided in any hospital for or on the medical treatment of any such person or any member of his family and all payments before such commencement by way of travelling or dearness allowances to any such persons, shall be deemed to have been paid, payable or incurred or made under this Order.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 389,
"details": "7. Any rules made by the Government before the commencement of this Order, providing for the remuneration and privileges of the Ministers, shall be deemed to have been made under the provisions of this Order.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 389,
"details": "8. The Government may, by notification in the official Gazette, amend the schedule to this Order by addition of further offices to which the provisions of this Order shall apply.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 389,
"details": "9. The Ministers (Terms and Conditions) Order, 1962, and the East Pakistan Ministers (Terms and Conditions) Order, 1962, are hereby repealed.",
"name": "",
"related_acts": "",
"section_id": 9
}
],
"text": "WHEREAS it is expedient to provide for the remuneration and privileges of the President, Prime Minister, 1Members of the Council of Ministers, Ministers of State and Deputy Ministers of the Government of the People’s Republic of Bangladesh and holders of certain scheduled offices; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972 and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 390,
"lower_text": [
"1 The words “Article or Articles” were substituted for the words “section or sections” by Article 2 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"2 The word “Provident” was substituted for the word “provided” by Article 3 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"3 The word “same” was inserted by Article 4 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"4 Sub-section (5) was substituted by Article 4 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"5 The word “offer” was substituted for the word “officer” by Article 4 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"6 Clause (c) was substituted by Article 5 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"7 The word “same” was inserted by Article 6 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"8 The word “in” was substituted for the word “and” by Article 6 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"9 The word “are” was substituted for the word “was” by Article 6 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"10 The words “any such application” were substituted for the words “any application” by Article 6 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"11 The heading “Amendment of Act XV of 1963” was substituted for the heading “Amendment of Act IV of 1963” by Article 7 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"12 Clause (1) was substituted by Article 7 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"13 The word “of” was substituted for the word “or” by Article 7 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"14 The word “and” was omitted by Article 8 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"15 The words “which consists of such inclusion shall be an amount bearing to the total amount of such taxes payable on his total income” were inserted by Article 8 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"16 The semi-colon (;) was substituted for the full stop (.) and the word “and” was inserted by Article 8 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"17 Clause (c) was inserted by Article 8 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"18 The words “then” was substituted for the word “them” by Article 8 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"19 Paragraph (B) was substituted by Article 8 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)",
"20 Articles 10 and 11 were inserted by Article 9 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972)"
],
"name": "The Finance (1971–1972) Order, 1972 (President's Order)",
"num_of_sections": 29,
"published_date": "24th May, 1972",
"related_act": [
88,
98,
355,
403
],
"repelled": false,
"sections": [
{
"act_id": 390,
"details": "1. (1) This Order may be called the Finance (1971-72) Order, 1972. (2) It extends to the whole of Bangladesh. (3) Except as otherwise provided in this Order, this 1Article or Articles 2 and 3, clause (19) of section 4 and clause (3) of section 6 shall be deemed to have come into force from the 26th day of June, 1971, and the other provisions shall be deemed to have come into force on the first day of July, 1971.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 390,
"details": "2. The amendments set out in the First Schedule to this Order shall be made in the Tariff Act, 1934.",
"name": "Amendments of Act XXXII of 1934",
"related_acts": "",
"section_id": 2
},
{
"act_id": 390,
"details": "3. The following amendments shall be made in the Central Excise and Salt Act, 1944 (I of 1944), namely:- (1)\tin section 2, in clause (h) the word “valuable” shall be omitted; (2)\tin section 3,- (a)\tin sub-section (5),- (i)\tfor the words “Review Board” twice occurring the words “Standing Tribunal” shall be substituted; and (ii)\tin the proviso, for the words and semi-colon “special committee constituted for the purpose; and the decision of the special Committee” the words, brackets, figure and semi-colon “Standing Tribunal constituted under sub-section (6); and the decision of the Standing Tribunal” shall be substituted; and (b)\tfor sub-section (6) the following shall be substituted, namely:- “(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.”; (3)\tin section II, after the words “factory” twice occurring the words “or bonded-warehouse” shall be inserted; (4)\tin section 33,- (a)\tafter the word “Act” the words “in case” shall be inserted; (b)\tfor the words “confiscation or penalty” the word “case” shall be substituted; and (c)\tfor clauses (b) and (c) and the proviso the following shall be substituted, namely:- “(b) subject to such limitations and conditions as may be determined by the Central Board of Revenue from time to time, by a Deputy Collector, Assistant Collector or Superintendent of Central Excise”. (5)\tin section 38, for the colon a full-stop shall be substituted and the proviso shall be omitted; and (6)\tthe First Schedule shall be amended in the manner specified in the Second schedule to this Order.",
"name": "Amendments of Act I of 1944",
"related_acts": "",
"section_id": 3
},
{
"act_id": 390,
"details": "4. The following amendments shall be made in the Income-tax Act, 1922 (XI of 1922), namely:- (1)\tin section 2,- (i)\tin clause (6c), the words and commas “and in the case of a company, the amount by which its free reserves exceed the paid-up ordinary share capital of the company as on the last day of the previous year” shall be omitted; and (ii)\tafter clause (14A), the following new clause shall be inserted and shall be deemed to have been so inserted with effect from the 26th day of March, 1971, namely:- “(14AA) “taxable territories” means as respects any period before the 26th day of March, 1971, the territories then referred to as “Pakistan” and as respects any period after the 25th day of March, 1971, the territories now comprised in Bangladesh”; (2) in section 4,- (a)\tin sub-section (1), Explanation 5 shall be omitted; and (b) \tin sub-section (3), in clause (xiiib), for the word “sixty five” the word “sixty” shall be substituted; (3) In section 5A, in sub-section (4), after the word “shall” the word “ordinarily” shall be inserted; (4) in section 7, in sub-section (1), for the fourth proviso the following shall be substituted, namely:- “Provided further that, where the assessee owns and maintains at his own expense a conveyance registered in his name as a private vehicle and does not receive any conveyance allowance or any other benefit or perquisite in lieu of such allowance, the tax shall not be payable, where the conveyance is a motor car, in respect of a sum of one thousand and two hundred Taka or, where the conveyance is any other power driven vehicle, in respect of a sum of three hundred and sixty Taka, and where the assesse dose not own or maintain any such vehicle, the tax shall not be payable in respect of a sum of two hundred and forty Taka, but nothing in this proviso shall apply to an assessee who, in addition to income chargeable the head under “salaries” derives income which is chargeable under the head “business, profession or vacation”;”; (5) in section 10,- (a) \tin sub-section (2),- (i) \tin clause (vii), after the second proviso, the following new proviso shall be inserted, namely:- “Provided further that, for the purposes of this clauses, any such machinery or plant which is exported or transferred outside taxable territories shall be deemed to have been sold and the sale value of such machinery or plant shall be deemed to be its original cost less all depreciation allowed excepting the further sum referred to in clause (vi); and the business, profession or vocation in which such machinery or plant has been used, shall, for the purposes of sub-section (1) be deemed to be carried on by the assessee in the year in which such export to transfer took place.”. (ii)\tin clause (xiva), after the word “dependents”, the words “or on the training of industrial workers” shall be added; and (iii)\tin clause (xivb), after the word “dependents”, the comma and the words, “and any expenditure in the nature of capital expenditure laid out or expended on any institute for the training of industrial workers” shall be inserterd; and (b)\tin sub-section (4), for clause (d) the following shall be substituted, namely:- “(b)\tany allowance in respect of so such of the expenditure incurred by an assessee on the provision of perquisites or other benefits to any employee as exceeds thirty per cent of the salary of such employee; Provided that in the case of an employee whose contract of service has been approved under clause (xiii) of sub-section (3) of section 4, this clause shall not apply for a period of five years commencing next after the expiry of three years since the date of his arrival in the taxable territories. Explanation 1. - The expression “salary” as used in this clause, means remuneration or compensation for services rendered paid or to be paid at regular intervals and includes dearness, grain compensation or cost of living allowance and bonus and commission which are payable to an employee in accordance with the terms of his employment as remuneration or compensation for services but does not include the employer's contribution to a recognised 2Provident or superannuation fund or any other sum which does not enter into the computations for pensionary or retirement benefits. 2. The expression “employee”, where the assessee is a company, includes a director thereof; or”; (6) in section 14, for sub-section (4) the following shall be substituted, namely:- “(4) The tax shall not be payable by an assessee in respect of any share of income received by him out of capital gains on which tax has been paid by the firm of which he is a partner”; (7) in section 15,- (a)\tfor sub-section (3), the following shall be substituted, namely:- “(3) The aggregate of any sums exempted under this section shall not, together with any sums exempted under the first proviso to sub-section (1) of section 7, section 15AA, section 15C, section 15CC, and section 15F and any sum exempted under sub-section (1) of section 58F exceed thirty per cent of the total income of the assessee, or fifteen thousand Taka, whichever is the less: Provided that as respects any assessment for the year beginning on the 1st day of the July, 1971, the provisions of this sub-section shall apply so that the aggregate sum does not exceed the sum computed as hereunder:- (1) Where the total income does not exceed Taka 30,000. At the rate of 40 per cent of total income. (2) Where the total income exceeds Taka 30,000 but does not exceed Taka 50,000. Taka 12,000 plus 30 per cent of the amount exceeding Taka 30,000. (3) Where the total income exceeds Taka 50,000, but does not exceed Taka 70,000. Taka 18,000 plus 20 per cent of the amount exceeding Taka 50,000. (4) Where the total income exceeds Taka 70,000, but does not exceed Taka 1,00,000. Taka 22,000 plus 10 per cent of the amount exceeding Taka 70,000. (5) Where the total income exceeds Taka 1,00,000, (b) sub-section (3A) shall be omitted; and Taka 25,000.”; (c) in sub-section (4), the words, brackets, figures and letter “or sub-section (3A)” twice occurring shall be omitted; (8) in section 15BB,- (a) in section (4B), clause (ii) shall be omitted; and (b) after sub-section (4B), the following new sub-section (4C) shall be inserted, namely:- “(4C) Nothing contained in sub-section (1), sub-section (4) and sub-section (4A) shall apply to the income, profits and gains of any previous year ending at any time after the thirtieth day of June, 1970, and before the first day of July, 1971; and such income, profits and gains, computed in accordance with the provisions of sub-section (3) of clause (c) of sub-section (4A), as the case may be, shall be subjected to tax in accordance with other provisions of this Act: Provided that, in making an assessment for the year for which the income, profits and gains of the industrial undertaking become liable to tax for the first time after the expiry of the period for which such income, profits and gains are exempt under the provisions of sub-section (1), sub-section (4) or sub-section (4A), credit shall be given for any income-tax and super-tax paid in respect of the income, profits and gains to which this sub-section applies; and where no income-tax or super-tax is payable for such year or the amount of the income-tax and super-tax so paid exceeds the amount of the income-tax and super-tax payable for such year, the income-tax and super-tax so paid or as the case may be, the amount so in excess shall be carried forward to the following year: Provided further that nothing in this sub-section shall apply to any case where the computation of such income, profits and gains discloses a loss.” (9) in section 15D, in sub-section (2), the proviso shall be omitted; (10) after section 15G, the following new section 15H shall be, inserted, namely:- “15H. PersonalAllowance.-The tax shall not be payable by an assessee, being an individual, Hindu Undivided family, un-registered firm or association of persons on such portion of his total income as does not exceed one thousand Taka.”; (11) in section 17, in sub-section (5), in clause (b),- (a) in sub-clause (i), in paragraph (2), for the word “twenty” the word “twenty-five” shall be substituted; and (b) in sub-clause (ii), in paragraph (2),- (i) in sub-paragraph (i), for the word “seventy” the word “sixty” shall be substituted; and (ii) in sub-paragraph (ii), for the word “ten” the word “five” shall be substituted; (12) in section 18, in sub-section (3), after the words “Interest on Securities”, the commas and words “not being interest payable on debentures issued by or on behalf of a local authority or a company”, shall be inserted; (13) in section 18A,- (a) in sub-section (1),- (i) for the words “the year for which he is required to pay” the words “the year in which he is required to pay” shall be substituted; and (ii) for the word “deductible” the word “deducted” shall be substituted; (b) in sub-section (5), for the word “two” the word “four” shall be substituted; (c) in sub-section (5A), for the word “two” the word “four” shall be substituted; and (d) after sub-section (6), the following new sub-section (6A) shall be inserted, namely:- “(6A) where an assessee could not pay tax or the tax so paid is less than what he is required to pay on the income, profits and gains of any previous year ending at any time after the thirtieth day of June, 1970, and before the first day of July, 1971, under this section, he shall pay the same in two equal instalments to the credit of the Government on or before the thirtieth day of May and the twentieth day of June, 1972: Provided that provisions of sub-section (6) shall apply in like manner in determining any short payment by an assessee: Provided further that in case of any short payment, additional amount of tax as provided in sub-section (6) shall be payable by the assessee with effect from the 1st day of June, 1972; (14) in section 21, in clause (a), for the words and comma “perquisite, benefit or amenity” the words, brackets, figures and letters “income in respect of which tax has been deducted or is deductible under sub-section (3B) or (3BB) of section 18” shall be substituted; (15) in section 22A, for the full-stop at the end a colon shall be substituted and thereafter the following proviso shall be inserted, namely:- “Provided that as respects any assessment for the year beginning on the first day of July, 1971, the provisions of this section shall be deemed to have been complied if the tax under this section as specified is paid on or before thirty-first day of March, 1972”. (16) for section 23A, the following shall be substituted, namely:- “23A,-Provisions in respect of undistributed income-(1) where in respect of any previous year a company has not, up to the period of six months immediately following the expiry of the previous year, distributed as dividend or paid, as bonus to the shareholders at least sixty per cent of the net income of such previous year, the amount calculated in the manner laid down in sub-section (2) shall be deemed to be the undistributed income of the company for such previous year. (2) for the purpose of this section,- (a) ‘net income’ shall be the total income is reduced by- (i) the amount of income-tax and super-tax chargeable on the total income excluding the amount of income-tax chargeable in respect of the undistributed income; and (ii) any bonus or bonus shares declared, issued or paid to the shareholders of the company, and included in the total income under the provisions of Explanation 4 to subsection (1) of section 4; and (b) ‘undistributed income’ shall be the net income as reduced by- (i) any amount distributed as dividend or paid as a bonus to the shareholders; and (ii) ten per cent of the total income.” (17) in section 24, in sub-section (2B), in the proviso, for the word “ten” wherever occurring the word “five” shall be substituted; (18) in section 30,- (a) in sub-section (1),- (i) the words, commas, brackets, figures and letter “and an assessee, being a company objecting to an order made by an Income-tax Officer under sub-section (1) of section 23A”, shall be omitted; and (ii) the second proviso shall be omitted; and (b) in sub-section (2),- (i) the words’ brackets, figures and letter “sub-section (1) of section 23A or under” shall be omitted; and (ii) the proviso shall be omitted; (19) in section 34, in sub-section (2), in the proviso, in clause (i),- (1) in sub-clause (a), the word “and” occurring after the semi-colon shall be omitted; (2) in sub-clause (b), after the semi-colon at the end, the word “and” shall be added; and (3) after sub-clause (b), amended as aforesaid, the following new sub-clause shall be added, namely:- “(c) in relation to the income, profits or gains which, were first assessable in the year, 1966-67, the words “five years” were substituted. (20) in section 35,- (a) sub-section (7) shall be omitted; and (b) for sub-section (8) the following shall be substituted, namely:- “(8) where, as a result of proceedings initiated under sub-section (1) of section 34, a firm or an association of persons is assessed or re-assessed, and the Income-tax Officer concerned is of opinion that it is necessary to compute or re-compute the total income of a partner in the firm or a member of the association of persons, as the case may be, the Income-tax Officer may proceed to compute or re-compute the total income and determine the sum payable on the basis of such computation or re-computation as if the computation or re-computation is a rectification of a mistake apparent from the record within the meaning of this section, and the provisions of sub-section (1) shall apply accordingly, the period of four years specified therein being reckoned from the date of the final order passed in the case of the firm or association of persons, as the case may be.”; (21) in section 43A, after the figure “46” the words, figure and letter “and section 46A” shall be inserted; (22) in section 44D, in sub-section (7), clause (c) shall be omitted; (23) in section 45,- (a) the words, brackets, figures and letter “under sub-section (3) of section 23A or” shall be omitted; and (b) the words, brackets, letter and figures “or clause (a) of sub-section (1) of section 33” shall be omitted; (24) in section 54, in sub-section (3),- (a) in clause (o), for the full-stop at the end the semi-colon and word “; or” shall be inserted; and (b) after clause (o) amended as aforesaid, the following new clause (p) shall be added, namely:- “(p) of such information as may be required by the Securities and Exchange Authority of Bangladesh for the purposes of the Securities and Exchange Ordinance, 1969 (XVII of 1969).” (25) in section 66,- (a) in sub-section (i),- (i) for the words and the commas and the colon “require the Appellate Tribunal to refer to the High Court any question of law arising out of such order, and the Appellate Tribunal shall within ninety days of the receipt of such application draw up a statement of the case and refer it to the High Court;” the words and the full-stop “refer to the High Court any question of law arising out of such order.” shall be substituted; and (ii) the proviso shall be omitted; (b) for sub-sections (2), (3) (3A) and (4), the following shall be substituted, namely:- “(2) An application under sub-section (1) shall be in triplicate and shall be accompanied by the following documents, and where any such documents in any language other than English, also by a translation thereof in English, namely:- (a) Certified copy, in triplicate, of the order of the Appellate Tribunal out of which the question of law has arisen; (b) Certified copy, in triplicate, of the order of the Income-tax Officer, the Inspecting Assistant Commissioner or the Appellate Assistant Commissioner as the case may be, which was the subject-matter of appeal before the Appellate Tribunal; and (c) Certified copy, in triplicate, of any other documents the contents of which are relevant to the question of law formulated in the application and which was produced before the Income-tax Officer, the Inspecting Assistant Commissioner, the Appellate Assistant Commissioner or the Appellate Tribunal, as the case may be, in the course of any proceedings relating to any order referred to in clause (a) or clause (b), (3) Where the assessee is the applicant, the Commissioner shall be made a respondent; and where the Commissioner is the applicant the assessee shall be made a respondent; Provided that where an assessee dies or is adjudicated insolvent or is succeeded by another person or is a company which is being wound up, the application shall not abate and may, if the assessee was the applicant, be continued by, and if he was the respondent, be continued against, the executor, administrator or successor or other legal representative of the assessee, or by a against the liquidator or receiver as the case may be. (4) In respect of cases referred to in sub-section (5) of section 5 where the Inspecting Assistant Commissioner performs the functions of an Income-tax Officer, reference in this section to Commissioner shall be construed as reference to the Central Board of Revenue. (4A) On receipt of the notice of the date of hearing of the application, the respondent shall, at least seven days before the date of hearing, submit in writing a reply to the application; and he shall therein specifically admit or deny whether the question of law formulated by the applicant arises out of the order of the Appellate Tribunal. If the question formulated by the applicant is, in the opinion of the respondent, defective, the reply shall state in what particular the question is defective and what is the exact question of law, if any, which arises out of the said order; and the reply shall be in triplicate and be accompanied by any documents, (along with a translation in English of those of such documents as are not in English) which are relevant to the question of law formulated in the application and which were produced before the Income-tax Officer, the Inspecting Assistant Commissioner, the Appellate Assistant Commissioner or the Appellate Tribunal, as the case may be, in the course of any proceedings relating to any order referred to in clause (a) or clause (b) of sub-section (1).”; (c) in sub-section (5), for the words “such case” the words “such application” shall be substituted; (d) in sub-section (7A), the words, brackets and figures “or sub-section (2) or sub-section (3)” shall be omitted; and (e) after sub-section (7A), amended as aforesaid, the following new sub-section (8) shall be added, namely.- “(8) Any application made to the Appellate Tribunal or any question of law referred to the High Court by the Appellate Tribunal before the first day of July, 1971, shall be disposed of by the Appellate Tribunal or the High Court, as the case may be, as if the Finance (1971-72) Order, 1972, had not come into force.”; (26) in the First Schedule.- (A) in rule 2, after the words “Life insurance business”, the commas and words “other than pension and annuity business,” shall be inserted; (B) after rule 2, amended as aforesaid, the following new rule 2A shall be inserted, namely:- “(2A) The profits and gains of pension and annuity business shall be taken to be the annual average of the surplus computed in the manner laid downin clause (b) of rule 2.”. (C) in rule 3,- (1) the words and figure “for the purpose of rule 2” shall be omitted; and (2) in clause (a),- (a) for the words and colon “three-fourth of the amounts paid to or reserved for or expended on behalf of policy-holders shall be allowed as a deduction” the following shall be substituted, namely:- “under clause (b) of rule 2, for the purpose of life insurance business three-fourth of the amounts paid to or reserved for or expended on behalf of policy-holders shall be allowed as a deduction, and under rule 2A, the amounts paid to or reserved for or expended on behalf of the members of an approved superannuation fund shall be allowed as a deduction.”; The words, brackets, figure and full stop “in clause (b) of rule 2.” were substituted for the words, brackets, figure and full stop “in clause (b) of rule.” by Article 3 of the Finance (1971-72) (Amendment) Order, 1972 (President’s Order No. 75 of 1972). (b) in the second proviso,- (i) after the word “Policy-holders” wherever occurring, the words and commas “or members of an approved superannuation fund, as the case may be”, shall be inserted; and (ii) after the words “such amount” the words “or the entire amount” shall be inserted; and (D) in rule 5,- (1) in clause (vi), for the full-stop at the end a semi-colon shall be substituted; and (2) after clause (vi), amended as aforesaid the following new clause (vii) shall be added, namely :- “(vii) ‘pension and annuity business’ means any life insurance business relating to a contract with the trustees of an approved superannuation fund, where such contract is- (a) entered into only for the purpose of such fund, and (b) so framed that the liabilities undertaken thereunder by the person carrying on the insurance business correspond with the liabilities against which the contract is intended to secure such fund.”.",
"name": "Amendment of Act XI of 1922",
"related_acts": "355",
"section_id": 4
},
{
"act_id": 390,
"details": "5. The following amendments shall be made in the Estate Duty Act, 1950 (X of 1950), namely:- (1) in section 2, after clause (17A), the following new clause shall be inserted and shall be deemed to have been so inserted with effect from the 26th day of March, 1971, namely:- “(17AA) ÔÇÿtaxable territories' has the 3same meaning assigned to that expression by clause (14AA) of section 2 of the Income-tax Act, 1922;”; (2) in section 25A,- (a) in clause (1), in the proviso, for the words “two lac Taka” the words “one lac Taka” shall be substituted; (b) in clause (3), the provisos shall be omitted; (c) clause (7) shall be omitted; and (d) clause (11) shall be omitted; (3) for section 55, the following shall be substituted, namely:- “55. (1) If any person fails to comply with any of the provisions of section 53 or section 54 without reasonable cause, he shall be liable to pay by way of penalty a sum not exceeding one thousand taka and, in case of a continuing default, a further sum not exceeding fifty taka for every day during which the default continues. (2) No order shall be made under sub-section (1) unless the person has been given a reasonable opportunity of being heard.”; (4) in section 57, for the words and commas “, as the case may be,” the words, brackets, figures and comma “under sub-section (3) of section 58, or” shall be substituted; (5) for section 58 the following shall be substituted, namely:- “58. (1) Upon the delivery of the account under section 53 or section 56, the person delivering it shall pay to the Controller the estate duty, if any, payable in respect of the property included in the account unless the time for payment is extended by the Controller, in which case a security to the satisfaction of the Controller shall be furnished. (2) Where any payment is made or the time for payment is extended under sub-section (1) the Controller shall grant a certificate that the estate duty referred to therein has been paid or will be paid or that no such estate duty is due, as the case may be. (3) The Controller may at any time after the delivery of the account proceed to make in a summary manner a provisional assessment of the estate duty payable on the basis of such account. (4) After a regular assessment has been made, any amount paid towards the provisional assessment made under sub-section (3) shall be deemed to have been paid towards the regular assessment. (5) There shall be no right of appeal against a provisional assessment made under sub-section (3).”; (6) in section 58E, in the second proviso, for the words “a reference” the words “an application” shall be substituted; (7) in section 59A,- (a) for sub-sections (1), (2), (3), (4) and (5) the following shall be substituted, namely:- “(1) Within ninety days of the date upon which he is served with an order under sub-section (3) of section 59, the person accountable or the Controller may present an application in the prescribed form and, where the application is made by the accountable person, accompanied by a fee of one hundred Taka, to the High Court referring any question of law arising out of such order. (2) An application under sub-section (1) may be admitted after the expiry of the period of ninety days aforesaid if the High Court is satisfied that there was sufficient cause for not presenting it within the said period. (3) An application under sub-section (1) shall be in triplicate and shall be accompanied by the following documents, and where any such document is in any language other than English, also by a translation thereof in English, namely:- (a) Certified copy, in triplicate, of the order of the Appellate Tribunal out of which question of law has arisen; (b) Certified copy, in triplicate, of the order of the Controller which was subject-matter of appeal before the Appellate Tribunal; and (c) Certified copy, in triplicate, of any other document, the contents of which are relevant to the question of law formulated in the application and which was produced before the Controller or the Appellate Tribunal, as the case may be, in the course of any proceedings relating to any order referred to in clause (a) or clause (b). (4) Where the accountable person is the applicant, the Controller shall be made a respondent and where the Controller is the applicant, the accountable person shall be made a respondent: Provided that where an accountable person dies or is adjudicated insolvent the application shall not abate and may, if the accountable person was the applicant, be continued by, and if he was the respondent be continued against, the executor, administrator or other legal representative of the accountable person, or by or against the receiver. 4(5) On receipt of notice of the date of hearing of the application the respondent shall, at least seven days before the date of hearing, submit in writing a reply to the application and he shall therein specifically admit or deny whether the question of law formulated by the applicant arises out of the order or the Appellate Tribunal and if the question formulated by the applicant is, in the opinion of the respondent, defective, the reply shall state in what particular the question is defective and what is the exact question of law, if any, which arises out of the said order; and the reply shall be in triplicate and be accompanied by any documents (along with a translation in English of such documents as are not in English) which are relevant to the question of law formulated in the application and which were produced before the Controller or the Appellate Tribunal, as the case may be, in the course of any proceedings relating to any order referred to in clause (a) or clause (b) of sub-section (1).”; and (b) sub-section (6) shall be omitted; (c) in sub-section (7) the words “or the Supreme Court” shall be omitted; (d) in sub-section (8) the words “or to the Supreme Court” shall be omitted; (e) in sub-section (9) the words “or to the Supreme Court” shall be omitted; (f) after sub-section (10), the following new sub-section shall be added, namely:- “(11) Section 5 of the Limitation Act, 1908, shall apply to an application to the High Court under this Section. (12) Any application made to the Appellate Tribunal or any question of Law referred to the High Court by the Appellate Tribunal before the first day of July, 1971 shall be disposed of by the Appellate Tribunal or the High Court, as the case may be, as if the Finance (1971-72) Order, 1972 had not come into force.” (8) in section 59B,- (a) in sub-section (1), for the words “a case has been stated”, the words “an application has been made” shall be substituted; (b) in sub-section (2), for the words “a case stated” the words “an application made” shall be substituted; (9) after section 66A, the following new section shall be added, namely:- “66B. (1) An accountable person may 5offer in writing to surrender property in lieu of the estate duty payable under the Act at the valuation determined by the Controller. (2) When such an offer is made the Controller shall intimate the other accountable persons, if any, about such an offer and if all of them agree in writing to the surrender of such property in lieu of the estate duty, the Controller will accept the same. (3) The Board may prescribe the procedure for the surrender of such property and for the sale thereof.” (10) in section 75, in sub-section (2), the words “consisting of agricultural land” shall be omitted. (11) for the Schedule the following shall be substituted, namely:- “SCHEDULE See Section 4 Rates of Estate Duty ┬á 1. Where the principal value of the estate does not exceed Taka 1,00,000. Nil 2. Where the principal value of the estate exceeds Taka 1,00,000 but does not exceed Taka 2,00,000. 12% per cent of the amount exceeding Taka 1,00,000. 3. Where the principal value of the estate exceeds Taka 2,00,000 but does not Taka 3,00,000. Taka 12,500 plus 17.5 per cent of the amount exceeding Taka 2,00,000. 4. Where the principal value of the estate exceeds Taka 3,00,000 but does not exceed Taka 4,00,000. Taka 30,000 plus 20 per cent of the amount exceeding Taka 3,00,000. 5. Where the principal value of the estate exceeds Taka 4,00,000 but does not exceed Taka 5,00,000. Taka 50,000 plus 22.5 per cent of the amount exceeding Taka 4,00,000. 6. Where the principal value of the estate exceeds Taka 5,00,000 but does not exceed Taka 6,00,000. Taka 72,500 plus 25 per cent of the amount exceeding Taka 5,00,000. 7. Where the principal value of the estate exceeds Taka 6,00,000 but does not exceed Taka 7,00,000. Taka 97,500 plus 30 per cent of the amount exceeding Taka 6,00,000. 8. Where the principal value of the estate exceeds Taka 7,00,000 but does not exceed Taka 10,00,000. Taka 1,27,500 plus 35 per cent of the amount exceeding Taka 7,00,000. 9. Where the principal value of the estate exceeds Taka 10,00,000 but does not exceed Taka 15,00,000. Taka 2,32,500 plus 40 per cent of the amount exceeding Taka 10,00,000. 10. Where the principal value of the estate exceeds Taka 15,00,000 but does not exceed Taka 25,00,000. Taka 4,32,500 plus 45 per cent of the amount exceeding Taka 15,00,000.",
"name": "Amendment of Act X of 1950",
"related_acts": "88",
"section_id": 5
},
{
"act_id": 390,
"details": "6. The following amendments shall be made in the Sales Tax Act, 1951 (III of 1951), namely:- (1) in section 2, after clause (18A), the following new clause shall be inserted and shall be deemed to have been so inserted with effect from the 26th day of March, 1971, namely:- “(18AA) 'taxable territories' has the same meaning assigned to that expression by clause (14AA) of section 2 of Income-tax Act, 1922;”; (2) in section 17,- (a) for sub-sections (1), (2), (3) and (4) the following shall be substituted, namely:- “(1) Within sixty days of the date on which he is served with notice of an order under sub-section (6) of section 15, the assessee or the Commissioner may, by application in the prescribed form, accompanied, where the application is made by the assessee, by a fee o one hundred taka refer to the High Court any question of law arising out of such order. (2) An application under sub-section (1) shall be in triplicate and shall be accompanied by the following documents, and where any such document is in any language other than English also by a translation thereof in English, namely:- (a) Certified copy, in triplicate, of the order of the Appellate Tribunal out of which the question of law has arisen; (b) Certified copy, in triplicate, of the order of the Sales Tax Officer, the Inspecting Assistant Commissioner of Sales Tax, the Appellate Assistant Commissioner of Sales Tax, as the case may be, which was subject-matter of appeal before the Appellate Tribunal; 6(c) Certified copy, in triplicate, of any other document the contents of which are relevant to the question of law formulated in the application and which was produced before the Sales Tax Officer, the Appellate Assistant Commissioner of Sales Tax, the Inspecting Assistant Commissioner of Sales Tax or the Appellate Tribunal, as the case may be, in the course of any proceedings relating to the order referred to in clause (a) or clause (b); (3) Where the assessee is the applicant, the Commissioner shall be made a respondent and where the Commissioner is the applicant, the assessee shall be made a respondent : Provided that where an assessee dies or is adjudicated insolvent or is succeeded by another person or is a company which is being wound up, the application shall not abate and may, if the assessee was the applicant, be continued by, and if he was the respondent, be continued against, the executor, administrator or successor or other legal representative of the assessee, or by or against the liquidator or receiver, as the case may be. (4) On receipt of the notice of the date of hearing of the application the respondent shall, at least seven days before the date of hearing, submit in writing a reply to the application; and he shall therein specifically admit or deny whether the question or law formulated by the applicant arises out of the order of the Appellate Tribunal. If the question formulated by the applicant is, in the opinion of the respondent defective, the reply shall state in what particular the question is defective and what is the exact question of law, if any, which arises out of the said order; and the reply shall be in triplicate and be accompanied by any documents (along with a translation in English of such documents as are not in English) which are relevant to the question of law formulated in the application and which were produced before the Sales Tax Officer, the Inspecting Assistant Commissioner of Sales Tax, the Appellate Assistant Commissioner of Sales Tax, the Appellate Tribunal, as the case may be, in the course of any proceedings relating to any order referred to in clause (a) or clause (b) of sub-section (1).”; and (b) in sub-section (5), for the words “case stated” the words “such application” shall be substituted; (c) in sub-section (8), the comma, words, brackets and figures, “sub-section (2) or sub-section (3)” shall be omitted; and (d) after sub-section (8) amended as aforesaid, a new sub-section (9) shall be added, namely:- “(9) Any application made to the Appellate Tribunal or any question of law referred to the High Court by the Appellate Tribunal before the first day of July, 1971, shall be disposed of by the Appellate Tribunal or the High Court, as the case may be, as if the Finance (1971-72) Order, 1972, had not come into force.”; (3) in section 28, in sub-section (1), for the word “five” the word “six” shall be substituted.",
"name": "Amendment of Act III of 1951",
"related_acts": "",
"section_id": 6
},
{
"act_id": 390,
"details": "7. The following amendments shall be made in the Gift Tax Act, 1963 (XIV of 1963), namely:- (1) in section 2, after clause (XXIV), the following new clause shall be inserted and shall be deemed to have been so inserted with effect from the 26th day of March, 1971, namely:- “(XXIVA) “taxable territories” has the 7same meaning assigned to that expression by clause (14AA) of section 2 of Income-tax Act, 1922;”; (2) after section 4, the following new section shall be added, namely:- “4A. Gift to include increase in dower-Where the dower money, as originally fixed at the time of marriage is subsequently increased, the amount by which such increase exceeds the amount of the original dower shall, for the purposes of this Act, be deemed to be a gift made by the husband to the wife.”; (3) in section 5- (a) \tin sub-section (1), 8in clause (vi), for the words “one lakh” the words “fifty thousand” shall be substituted; (b) \tin sub-section (2), for the word “ten” the word “five” shall be substituted; (4) in section 26- (a) \tfor sub-section (1), (2), (3), (4) and (5) the following shall be substituted, namely:- “(1) Within ninety days of the date upon which he is served with an order under section 23 or section 25, the assessee or the Commissioner may present an application in the prescribed form and, where the application is made by the assessee, accompanied by a fee of one hundred taka, to the High Court referring any question of law arising out of such order. (2) \tAn application under sub-section (1) may be admitted after the expiry of the period of ninety days aforesaid if the High Court is satisfied that there was sufficient cause for not presenting it within the said period. (3) \tAn application under sub-section (1) shall be in triplicate and shall be accompanied by the following documents, and where any such documents is in any language, other than English, also by a translation thereof in English, namely:- (a) \tCertified copy, in triplicate, of the order of the Appellate Tribunal out of which the question of law has arisen; (b) \tCertified copy, in triplicate, of the order of the Gift-Tax Officer, the Appellate Assistant Commissioner of Gift-Tax, the Inspecting Assistant Commissioner of Gift-Tax, as the case may be, which was subject matter of appeal before the appellate Tribunal; and (c) \tCertified copy, is triplicate, of any other document, the contents of which 9are relevant to the question of law formulated in the application and which was produced before the Gift-Tax Officer, the Appellate Assistant Commissioner of Gift-Tax, the Inspecting Assistant Commissioner of Gift-Tax or the Appellate Tribunal, as the case may be, in the course of any proceedings relating to any order referred to in clause (a) or clause (b). (4) Where the assessee is the applicant, the Commissioner shall be made a respondent and where the Commissioner is the applicant, the assessee shall be made a respondent: Provided that where an assessee dies or is adjudicated insolvent or is succeeded by another person or is a company which is being wound up, the application shall not abate and may, if the assessee was the applicant, be continued by, and if he was the respondent, be continued against, the executor, administrator or successor or other legal representative of the assessee, or by or against the liquidator or receiver, as the case may be. (5) \tOn receipt of the notice of the date of hearing of the application, the respondent shall, at least seven days before the date of hearing submit in writing a reply to the application and he shall therein specifically admit or deny whether the question of law formulated by the applicant arises out of the order of the Appellate Tribunal. If the question formulated by the applicant is, in the opinion of the respondent, defective, the reply shall state in what particular the question is defective and what is the exact question of law, if any, which arises out of the said order; and the reply shall be in triplicate and be accompanied by any documents (along with a translation in English of such documents as are not in English) which are relevant to the question of law formulated in the application and which were produced before the Gift-Tax Officer, the Appellate Assistant Commissioner of Gift-Tax, the Inspecting Assistant Commissioner of Gift-Tax or the Appellate Tribunal, as the case may be, in the course of any proceedings relating to any order referred to in clause (a) or clauses (b) of sub-section (1).”; (b) \tin sub-section (6), for the words “any such case” the words “ 10any such application” shall be substituted; and (c) \tafter sub-section (9), the following new sub-section shall be added, namely:- “(10) Any application made to the Appellate Tribunal or any question of law referred to the High Court by the Appellate Tribunal before the first day of July, 1971, shall be disposed of by the Appellate Tribunal or the High Court, as the case may be, as if the Finance (1971-72) Order, 1972, had not come into force.”;",
"name": "Amendment of Act XIV of 1963",
"related_acts": "",
"section_id": 7
},
{
"act_id": 390,
"details": "8. The following amendments shall be made in the Wealth Tax Act, 1963 (XV of 1963), namely:- (1) in section 2, after clause (oo), the following new clause shall be inserted and shall be deemed to have been so inserted with effect from the 26th day of March, 1971, namely:- “(ooo) “taxable territories” has the meaning assigned to that expression by clause (14AA) of section 2 of Income-tax Act, 1922;”; (2) in section 27,- (a) \tfor sub-section (1), (2), (3), (4) and (5) the following shall be substituted, namely:- “(1) Within ninety days of the date upon which is served with an order under section 24 or section 26, the assessee or the Commissioner may present an application the prescribed form and where the application is by the assessee, accompanied by a fee of one hundred taka, to the High Court referring any question of law arising out of such order. (2) \tAn application under sub-section (1) may be admitted after the expiry of the period of ninety days aforesaid if the High Court is satisfied that there was sufficient cause for not presenting it within the said period. (3) \tAn application under sub-section (1) shall be in triplicate and shall be accompanied by the following documents, and where any such document is in any language, other than English, also by a translation thereof in English, namely:- (a) \tCertified copy, in triplicate, of the order of the Appellate Tribunal out of which the question of law has arisen; (b) \tCertified copy, in triplicate, of the order of the Wealth-tax Officer, the Appellate Assistant Commissioner of Wealth-tax; or the Inspecting Assistant Commissioner of Wealth-tax, as the case may be, which was subject-matter of appeal before the Appellate Tribunal; and (c) \tCertified copy, in triplicate, of any other document, the contents of which are relevant to the question of law formulated in the application and which was produced before the Wealth-tax Officer, the Appellate Assistant Commissioner of Wealth-tax the Inspecting Assistant Commissioner of Wealth-tax or the Appellate Tribunal, as the case may be, in the course of any proceedings relating to any order referred to in clause (a) or clause (b). (4) \tWhere the assessee is the applicant, the Commissioner shall be made a respondent and where the Commissioner is the applicant, the assessee shall be made a respondent: Provided that where an assessee dies or is adjudicated insolvent or is succeeded by another person or is a company which is being wound up, the application shall not abate and may, if the assessee was the applicant, be continued by, and if he was the respondent be continued against, the executor, administrator or successor of other legal representative of the assessee, or by or against the liquidator or receiver, as the case may be. (5) \tOn receipt of the notice of the date of hearing of the application, the respondent shall, at least seven days before the date of hearing, submit in writing a reply to the application and he shall therein specifically admit or deny whether the question 12of law formulated by the application arises out of the order of the Appellate Tribunal. If the question formulated by the applicant is, in the opinion of the respondent, defective, the reply shall state in what particular the question is defective and what is the exact question of law, if any, which arises out of the said order; and the reply shall be in triplicate and be accompanied by any documents (along with a translation in English of such documents as are not in English) which are relevant to the question of law formulated in the application and which were produced before the Wealth-tax Officer, the Appellate Assistant Commissioner of Wealth-tax, the Inspecting Assistant Commissioner of Wealth-tax or the Appellate Tribunal, as the case may be, in the course of any proceedings relation to any order referred to in clause (a) or clause (b) or sub-section 13(1).”; and (b) \tin sub-section (6), for the words “any such case” the words “any such application” shall be substituted; (c) \tafter sub-section (9), the following new sub-section shall be added, namely:- “(10) Any application made to the Appellate Tribunal or any question of law referred to the High Court by the Appellate Tribunal before the first day of July, 1971, shall be disposed of by the Appellate Tribunal or the High Court, as the case may be, as if the Finance (1971-72) Order, 1972, had not come into force.”; (3) in the Schedule, in paragraph (1), for items (i), (ii) and (iii) the following shall be substituted, namely:- “(i) \ton the first taka two lakhs of net wealth, or where an assessee, being a person owning and occupying a house for purposes of his own residence, exercises the option to have the value of such house being excluded from his assets, on the first taka one lakh of net wealth .............................. Nil. (ii)\ton the next taka two lakhs of net wealth..................... ┬¢ per cent (iii)\ton the next take five lakhs of net wealth .. .. 1 per cent",
"name": "Amendment of Act XV of 1963",
"related_acts": "",
"section_id": 8
},
{
"act_id": 390,
"details": "9. The following amendments shall be made in the Finance Ordinance, 1970 (XI of 1970), namely:- (A) \tfor section 9 the following shall be substituted, namely:- “9. \tIncome-tax and super-tax.-(1) Subject to the provisions of sub-section (2), (3), (4) and (5), in making any assessment for the year beginning on the first day of July, 1971,- (a) \tincome-tax shall be charged at the rates specified in Part I of the Third Schedule; and (b) \tthe rates of super-tax shall, for the purposes of section 55 of the Income-tax Act, 1922 (XI of 1922), be those specified in Part II of the Third Schedule. (2) \tIn making any assessment for the year beginning on the first day of July, 1971,- (a) \tWhere the total income of a company includes any profits and gains from life insurance business, the super-tax payable by the company shall be reduced by an amount equal to 12.5 per cent of that part of its total income which consists of such inclusion; 14* * * (b) \tWhere the total income of an assessee, not being a company, includes any profits and gains from life insurance business, the income-tax and super-tax payable by the assessee on that part of his total income 15which consists of such inclusion shall be an amount bearing to the total amount of such taxes payable on his total income according to rates applicable under the operation of the Finance Act, 1942 (XII of 1942), the same proportion as the amount such inclusion bears to his total income so however that the aggregate of the taxes, so computed in respect of such inclusion shall not, in any case, exceed the amount of tax payable on such inclusion at the rate of 30 per cent 16; and 17(c)\tWhere the total income of an assessee, not being a company, includes any income chargeable under the head “Salaries”, the tax payable by the assessee on that part of his total income which consists of such inclusion shall be an amount bearing to the total amount of tax as would have been payable by him had the Finance (1971-72) Order, 1972 (P.O. No. 52) not come into force, on his total income the same proportion as the amount of such inclusion bears to his total income. (3) \tIn making any assessment for the year beginning on the first day of July, 1971, where the assessee is a co-operative society, the tax shall be payable at the rates specified in paragraph A of Part I, or paragraph B of Part I and paragraph A of Part II of the Third Schedule as if the assessee were a company to which the proviso to sub-paragraph (1) of paragraph A of the said Part II applied, whichever treatment is more beneficial to the assessee: Provided that in calculating for the purposes of this sub-section, the amount of income-tax at the rates specified in paragraph A of Part I of the Third Schedule, no deduction in respect of any allowance or sums referred to in clause (i) of the proviso to the said paragraph shall be made. (4) (a) In making any assessment for the year beginning on the first day of July, 1971, where the total income of an assessee, not being a company to which the proviso to sub-paragraph (1) of paragraph A of Part II of the Third Schedule does not apply, includes any profits and gains derived from the export of goods out of taxable territories, income-tax and super-tax, if any, payable by him in respect of such profits and gains shall, subject to the provisions of clauses (b) and (c), be reduced by and amount computed in the manner specified hereunder:- (i) Where the goods exported abroad had not been manufactured by the assessee who exported them-\t15 per cent of the income-tax and super-tax, if any, attributable to export sales. (a) and where the export sales during the relevant year exceed the export sales of the preceding year.\tplus an additional 1 per cent for every increase of 10 per cent in export sales over those of the preceding year, subject to an overall maximum of 25 per cent (b) and where the export sales during the relevant year do not exceed the export sales of the preceding year.\tminus 1 per cent for every decrease of 10 per cent in export sales over those of the preceding year, subject to an overall minimum of 10 per cent (ii) Where the goods exported had been manufactured by the assessee who had exported who had exported 18then (a) Where the export sales do not exceed 10 per cent of the total sales.\tNil. (b) Where the export sales exceed 10 per cent but do not exceed 20 per cent of the total sales.\t15 per cent of the income-tax and super-tax, if any, attributable to export sales. (c) Where the export sales exceed 20 per cent but do not exceed 30 per cent of the total sales.\t20 per cent of the income-tax and super-tax, of any, attributable to export sales. (d) Where the export sales exceed 30 per cent of the total sales.\t25 per cent of the income-tax and super-tax, if any, attributable to export sales. Provided that in the case of a registered firm super-tax payable by it under paragraph C of Part II of the Third Schedule shall be reduced under this clause by an amount calculated on the basis of the income-tax payable on its total income under paragraph A of part I had it been the total income of an unregistered firm; 19(B) for the Third Schedule, the schedule set out in the Third Schedule to this Order shall be substituted. (5) \tIn case to which section 17 of the Income-tax Act, 1922 (XI of 1922) applies, the tax chargeable shall be determined as provided in that section, but with reference to the rates imposed by sub-section (1), and in accordance, where applicable, with the provisions of sub-section (2). (6) For the purposes of making deduction of tax under section 18, the rates specified in Part I and Part II of the Third Schedule shall apply as respects the year beginning on the first day of July, 1971, and ending on the thirtieth day of June, 1972. (7) \tFor the purposes of this section and of the rates of tax imposed thereby, the expression “total income” means total income as determined for the purposes of income-tax or super-tax, as the case may be, in accordance with the provisions of the Income-tax Act, 1922 (XI of 1922); and the expression “public company” means a company- (i) \tin which not less than fifty per cent of the shares are held by the Government; or (ii) \twhose shares were the subject of dealings in a registered stock exchange in taxable territories at any time during the previous year and remained listed on the stock exchange till the close of that year. (8) \tIn this section, “taxable territories” has the same meaning assigned to that expression by clause (14AA) of section 2 of the Income tax Act. 1922.”; (B) after section 10, the following new sections shall be added, namely:- “10A(1) Any order passed by the Income-tax Appellate Tribunal on or after the first day of July, 1971 and before the commencement of this Order, in appeals directly filed before it against the orders of the Income-tax Officers, Sales tax Officers, Wealth-tax Officers and Gift-tax Officers, are hereby declared null and void. (2) \tAppeals directly filed before the Income-tax Appellate Tribunal against the order of the Income-tax Officers, Sales-tax Officers, Gift-tax Officers and Wealth-tax Officers during the period from the first day of July, 1971, to the date of commencement of this Order shall stand transferred to the respective Appellate Assistant Commissioners of Income-tax, Sales-tax, Gift-tax and Wealth-tax, as the case may be. 11. \tAny order passed by the Income-tax Officer, Gift-tax Officer and Wealth-tax Officer, in respect of the Assessment for 1971-72 and any order passed by the Sales-tax Officer for the financial year 1970-71 during the period from the 1st day of July, 1971 to the date of commencement of this Order shall be deemed to have been passed under this Order.”; and (c) \tfor the third schedule, the schedule set out in the Third Schedule to this Order shall be substituted.",
"name": "Amendment of Ordinance XI of 1970",
"related_acts": "",
"section_id": 9
},
{
"act_id": 390,
"details": "2010. Any order passed by the Income-tax Appellate Tribunal on or after the first day of July, 1971, and before the commencement of this Order, in appeals directly filed before it during that period against the orders of the Income-tax Officers, Sales-tax Officers, Gift-tax Officers and Wealth-tax Officers are hereby declared null and void and all such appeals together with other direct appeals filed before it against the orders of the Income-tax Officers, Sales-tax Officers, Sales-tax Officers, Gift-tax Officers and Wealth-tax Officers during that period and pending immediately before the commencement of this Order shall on such commencement, stand transferred to the respective Appellate Assistant Commissioners of Income-tax, Sales-tax, Gift-tax and Wealth-tax concerned.",
"name": "Certain Orders of Income-tax Appellate Tribunal to be void",
"related_acts": "",
"section_id": 10
},
{
"act_id": 390,
"details": "11. Any order passed by an Income-tax Officer, Gift-tax Officer or Wealth-tax Officer in respect of the assessment of Income-tax, Gift-tax or Wealth-tax for the year 1971-72 and any order passed by a Sales-tax Officer in respect of the assessment of Sales-tax for the year 1970-71 during the period from the first day of July, 1971, to the date of commencement of this Order shall be deemed to have been passed under this Order.",
"name": "Validation of certain orders of Income-tax Officers, etc.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 390,
"details": "12. Toll on vessels plying on inland waters.- Omitted by Article 27 of the Finance Order, 1972 (P.O. 77 of 1972).",
"name": "",
"related_acts": "403",
"section_id": 12
},
{
"act_id": 390,
"details": "13. Toll on fares and freights on traffic by inland vessels.- Omitted by Article 27 of the Finance Order, 1972 (P.O. 77 of 1972).",
"name": "",
"related_acts": "403",
"section_id": 13
},
{
"act_id": 390,
"details": "14. (1) During the period from the 1st day of July, 1971, to the 30th day of June, 1972 (both days inclusive), there shall be levied and paid on railway fares and freights a tax according to the scale specified in the Schedule to this Ordinance. (2) The Government may make rules regulating the procedure for the collection and accounting of the tax and any other matter incidental to its levy.",
"name": "Tax railway fares and freights",
"related_acts": "",
"section_id": 14
},
{
"act_id": 390,
"details": "15. Toll on freights on goods carried by road.- Omitted by Article 27 of the Finance Order, 1972 (P.O. 77 of 1972).",
"name": "",
"related_acts": "403",
"section_id": 15
},
{
"act_id": 390,
"details": "16. Toll on motor vehicles carrying goods by road other than on freights.- Omitted by Article 27 of the Finance Order, 1972 (P.O. 77 of 1972).",
"name": "",
"related_acts": "403",
"section_id": 16
},
{
"act_id": 390,
"details": "17. Omitted by Article 27 of the Finance Order, 1972 (P.O. 77 of 1972).",
"name": "",
"related_acts": "403",
"section_id": 17
},
{
"act_id": 390,
"details": "18. (1) For section 3 of the Bengal Amusements Tax Act, (V of 1922), the following shall be substituted, namely:- “Tax on payments for admission to entertainments. 3. Except as otherwise expressly provided in this Act, there shall be charged, levied and paid to the Government a tax, hereinafter referred to as the entertainments tax, at the following rates:- Rate of tax (i) When the payment for admission to an entertainment does not exceed 19 paisa. Nil. (ii) When the payment for admission to an entertainment exceeds 19 paisa but does not exceed Rs. 1. 75 per cent of such payment. (iii) When the payment for admission to an entertainment exceeds Rs. 1 but does not exceed Rs. 2. 100 per cent of such payment. (iv) When the payment for admission to an entertainment exceeds Rs. 2. 125 per cent of such payment: Provided that where the proprietor 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 entertainments tax, at the aforesaid rates, shall nevertheless be charged, levied and paid to the Government on the amount which would have been normally charged for such admission. Explanation- For the purpose of this proviso, in case there are different classes of seats in an entertainment 'place of entertainment' means the class to which such person is admitted.”.",
"name": "Amendment of Bengal Act V of 1972",
"related_acts": "",
"section_id": 18
},
{
"act_id": 390,
"details": "19. Amendment of Bengal Act IV of 1944.- Omitted by Article 27 of the Finance Order, 1972 (P.O. 77 of 1972).",
"name": "",
"related_acts": "403",
"section_id": 19
},
{
"act_id": 390,
"details": "20. Amendment of section 3 of East Bengal Act XVI of 1950.- Omitted by Article 27 of the Finance Order, 1972 (P.O. 77 of 1972).",
"name": "",
"related_acts": "403",
"section_id": 20
},
{
"act_id": 390,
"details": "21. Amendment of the East Pakistan Act X of 1957.- Omitted by Article 27 of the Finance Order, 1972 (P.O. 77 of 1972).",
"name": "",
"related_acts": "403",
"section_id": 21
},
{
"act_id": 390,
"details": "22. Continuance of rules framed under East Pakistan Act X of 1957.- Omitted by Article 27 of the Finance Order, 1972 (P.O. 77 of 1972).",
"name": "",
"related_acts": "403",
"section_id": 22
},
{
"act_id": 390,
"details": "23. Amendment of East Pakistan Act XI of 1957.- Omitted by Article 27 of the Finance Order, 1972 (P.O. 77 of 1972).",
"name": "",
"related_acts": "403",
"section_id": 23
},
{
"act_id": 390,
"details": "24. If a person, on whom a tax is levied or who is responsible for the collection and payment of any tax or toll under this Order, fails to pay the tax or toll or fails to collect and pay the tax or the toll as provided in this Order 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": 24
},
{
"act_id": 390,
"details": "25. A tax or toll leviable under any provision of this Order or any penalty imposed thereunder shall be recoverable as a public demand under the Bengal Public Demands Recovery Act, 1913 (III of 1913).",
"name": "Public demand",
"related_acts": "98",
"section_id": 25
},
{
"act_id": 390,
"details": "26. No suit shall lie in any Civil Court to set aside or modify any assessment of tax or toll made under this Order and the rules made thereunder.",
"name": "Bar of suits in Civil Court",
"related_acts": "",
"section_id": 26
},
{
"act_id": 390,
"details": "27. No suit, prosecution or legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Order or the rules made thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 27
},
{
"act_id": 390,
"details": "28 (1) Sections 2, 3, 5, 6, 7, 9, 11 and 12 of the East Pakistan Finance Ordinance, 1970, are hereby repealed. (2) Notwithstanding such repeal, any direction issued or action taken or order passed or proceeding commenced or right accrued or liability incurred under any provision of the said Ordinance shall continue in force and shall be deemed to have been issued, taken, passed, commenced, accrued or incurred, as the case may be, under the corresponding provision of this Order.",
"name": "",
"related_acts": "",
"section_id": 28
},
{
"act_id": 390,
"details": "29. Notwithstanding anything contained in this Order, any direction issued or action taken or order passed or proceeding commenced or right accrued or liability incurred under any provision of the East Pakistan Finance Ordinance, 1971, shall continue in force and shall be deemed to have been issued, taken, passed, commenced, accrued or incurred, as the case may be, under the corresponding provision of this Order.",
"name": "",
"related_acts": "",
"section_id": 29
}
],
"text": "WHEREAS it is expedient to make provisions to give effect to the financial proposals of the Government and to amend certain laws for the purposes herein-after appearing; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 391,
"lower_text": [],
"name": "The Bangladesh Nationalised Enterprises and Statutory Corporation (Prohibition of Strikes and Unfair Labour Practices) Order, 1972 (President's Order)",
"num_of_sections": 5,
"published_date": "29th May, 1972",
"related_act": [
381
],
"repelled": false,
"sections": [
{
"act_id": 391,
"details": "1. (1) This Order may be called the Bangladesh Nationalised Enterprises and Statutory Corporations (Prohibition of Strikes and Unfair Labour Practices) Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 391,
"details": "2. In this Order, unless the context otherwise requires, all words and expressions shall have the same meaning as are assigned to them in the Industrial Relations Ordinance, 1969.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 391,
"details": "3. Notwithstanding anything to the contrary contained in any other law for the time being in force, or in any settlement, agreement, or award, no workman or trade union of workmen and no person acting on behalf of such trade union shall in any nationalised enterprise, including in particular enterprises coming within the purview of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972, the Bangladesh Banks (Nationalisation) Order, 1972, Insurance Companies coming within the purview of the Bangladesh Insurance (Emergency Provisions) Order, 1972 or in any Statutory Corporation, including in particular the Bangladesh Industrial Development Corporation, or in any concern or enterprise owned, controlled or managed by such Corporation:- (a)\tResort to any strike during a period of six months from the date of commencement of this Order and such further period, which in the opinion of the Government is warranted in the interests of the national economy, as may be notified in the official Gazette from time to time; (b)\tBy using intimidation, coercion, pressure, threats, confinement to a place, physical injury, disconnection of telephones, water or power facilities and such other methods:- (i)\tcompel, or attempt to compel the employer, or any officer or employee of the employer to sign a memorandum of settlement, or agreement; (ii)\tcompel or attempt to compel the employer, or any officer or employee of the employer to make any payment; (iii)\textort from the employer or any officer or employee of the employer any pecuniary or other benefits.",
"name": "",
"related_acts": "381",
"section_id": 3
},
{
"act_id": 391,
"details": "4. Whoever contravenes the provisions of Article 3 shall be punishable with imprisonment which may extend to five years or with fine which may extend to 10,000 Taka or with both.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 391,
"details": "5. Whoever contravenes the provisions of Article 3 shall without prejudice to any punishment imposed under Article 3 be liable to disciplinary action by the employer including suspension, discharge or dismissal.",
"name": "",
"related_acts": "",
"section_id": 5
}
],
"text": "WHEREAS it is expedient to make certain provisions for prohibition of strikes and unfair labour practices in nationalised enterprises and statutory corporations; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 392,
"lower_text": [
"1 The words “a Water Development Board and” were omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)।",
"2 The words “Water and” were omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)",
"3 The words “the Water Board or” were omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)",
"4 Clause (k) was omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)",
"5 The words “the Bangladesh Water Development Board and the other to be called” were omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)",
"6 Article 3A was inserted by section 2 of the Bangladesh Water and Power Development Boards (Amendment) Ordinance, 1978 (Ordinance No. I of 1978)",
"7 Clauses (1) and (1A) were substituted by section 2 of the Bangladesh Water and Power Development Boards (Amendment) Act, 1990 (Act No. XXXIII of 1990)",
"8 Clause (1) was omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)",
"9 Clause (5) was added by section 2 the Bangladesh Water and Power Development Boards (Amendment) Act, 2001 (Act No. XXV of 2001)",
"10 The colon (:) was substituted for the full-stop (.) and the proviso was inserted by section 3 the Bangladesh Water and Power Development Boards (Amendment) Act, 2001 (Act No. XXV of 2001)",
"11 Sub-clause (f) was omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)",
"12 The words “subscribed share capital and” were inserted by section 3 of the Bangladesh Water and Power Development Boards (Amendment) Ordinance, 1978 (Ordinance No. I of 1978)",
"13 The words “the Water Board shall sell water and” were omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)",
"14 Sub-clause (i) was omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)",
"15 Sub-clause (i) was omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)",
"16 Sub-clause (i) was omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)",
"17 Sub-clause (i) was omitted by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)"
],
"name": "The Bangladesh Power Development Boards Order, 1972 (President's Order)",
"num_of_sections": 36,
"published_date": "31st May, 1972",
"related_act": [
98,
844,
93
],
"repelled": false,
"sections": [
{
"act_id": 392,
"details": "1. (1) This Order may be called the Bangladesh 2* * * Power Development Boards Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 392,
"details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a) \t“Board” means 3* * * the Power Board; (b) \t“Chairman” means the Chairman of a Board; (c)\t“controlled station” means a power generating station declared as a controlled station under clause (d) of Article 15; (d)\t“Government” means the Government of the People's Republic of Bangladesh; (e)\t“land” includes benefits to arise out of land and things attached to the (earth or permanently fastened to anything attached to the) earth; (f) \t“member” means a member of a Board; (g)\t“power” includes hydraulic as well as thermal power, electrical energy, steam, gas or any other power notified as such by the Government in the official Gazette; (h)\t“Power Board” means the Bangladesh Power Development Board constituted by this Order; (i)\t“prescribed” means prescribed by rules made under this Order; (j)\t“undertaking” includes any business, project, scheme, asset, right, power, authority and privilege and any property movable and immovable, including land, building, work, machinery, cash or bank balance, reserve fund, investments, and any other right and interest in, or arising out of, such property and any book of accounts, register, record and any other document of whatever nature relating thereto; 4* * *",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 392,
"details": "3. (1) On the commencement of this Order, there shall be constituted, for carrying out the purposes of this Order, two Boards-one to be called 5* * * the Bangladesh Power Development Board. (2) Each Board shall be a body corporate, having perpetual succession and a common seal with power, subject to the provisions of this Order, to acquire, hold and dispose of property, both movable and immovable, and shall by its name sue and be sued.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 392,
"details": "63A. The authorised share capital of the Power Development Board shall be Taka five hundred crores to be subscribed by the Government in the manner determined by it and may, with the previous approval of the Government, be increased from time to time by the Board.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 392,
"details": "4. 7 8* * * (1A) The Power Board shall consist of a Chairman and not more than six other members to be appointed by the Government. (2) No act or proceeding of a Board shall be invalid merely on the ground of existence of any vacancy in, or any defect in the constitution of the Board. (3) Each Board shall, in discharging its functions, be guided by such directions as the Government may give from time to time.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 392,
"details": "5. (1) The Chairman and other members shall hold office for such period and on such terms and conditions as the Government may determine. (2) The Government may at any time terminate the appointment of the Chairman or any other member without assigning any reason.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 392,
"details": "6. 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 Board or Government.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 392,
"details": "7. (1) The meetings of a Board shall be held at such times and places and in such manner as may be prescribed: Provided that a meeting may also be otherwise convened by the Chairman when he so thinks fit. (2) At a meeting of a Board each member shall have one vote, and, in the event of equality of votes, the Chairman shall have a casting or second vote. (3) If for any reason the Chairman is unable to be present at a meeting, a member authorised by the Chairman shall preside over the meeting.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 392,
"details": "8. Each Board may appoint such committee or committees as it thinks fit to assist it in the efficient discharge of its functions.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 392,
"details": "9. Repealed by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)।",
"name": "",
"related_acts": "844",
"section_id": 10
},
{
"act_id": 392,
"details": "10. (1) The Power Board shall prepare, for the approval of the Government, a comprehensive plan for the development and utilisation of power resources of Bangladesh. (2) The Board shall have power to take up any work as contemplated in clause (3) or any other work that may be transferred to it by the Government and to realise levy thereof subject to the approval of the Government. (3) The Board may frame a scheme or schemes for the whole of Bangladesh or any part thereof providing for all or any of the following matters, namely:- (a)\tgeneration, transmission and distribution of power; (b)\tconstruction, maintenance and operation of power houses and grids. (4) The Power Board may place wires, poles, wall brackets, stays, apparatus and appliances for the transmission of electricity for the transmission of telegraphic or telephonic communications necessary for the proper execution of a scheme. 9(5) The Power Board may purchase power from any person or entity authorised to generate electricity by the appropriate authority at such rate as may be determined by the Government.",
"name": "",
"related_acts": "",
"section_id": 11
},
{
"act_id": 392,
"details": "11. (1) Every scheme prepared under clause (3) of Article 9 or clause (3) of Article 10 shall be submitted, for approval, to the Government with the following information:- (a)\ta description of the scheme and the manner of its execution; (b)\tan estimate of costs and benefits, the allocation of costs to the various purposes to be served by the scheme and the amounts to be paid by the beneficiaries; (c)\ta statement of proposal by the Board for the resettlement or re-housing, if necessary, of persons likely to be displaced by the execution of the scheme. (2) The Government may sanction or may refuse to sanction or may return for reconsideration any scheme submitted to it under clause (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.",
"name": "",
"related_acts": "",
"section_id": 12
},
{
"act_id": 392,
"details": "12. (1) Any scheme framed by an agency in Bangladesh other than a Board in respect of any of the matters enumerated in clause (3) of Article 9 or clause (3) of Article 10 shall, if its estimated cost exceeds the amount to be prescribed by the Government, be submitted to the Government through the Board concerned and the Government may pass any of the orders contemplated by clause (2) of Article 11 10: Provided that any such scheme framed by a power generating station, run by any person or entity other than Power Board, to fulfil its obligations under any contract entered into between its owner and the Government shall not be required to be submitted through the Board concerned. (2) A Board may, with the approval of the Government, undertake the execution of any scheme or exercise technical supervision and administrative and financial control over the execution of any scheme framed or sponsored by any agency in respect of the matters enumerated in clause (3) of Article 9 or, as the case may be, clause (3) of Article 10.",
"name": "",
"related_acts": "",
"section_id": 13
},
{
"act_id": 392,
"details": "13. (1) Each Board, if it considers necessary or expedient for carrying out purposes of this Order, may- (a)\ttrain personnel, cause studies, surveys, experiments or technical research to be made; or (b)\tcontribute towards the costs of any such studies, surveys, experiments or technical research made by any other agency.",
"name": "",
"related_acts": "",
"section_id": 14
},
{
"act_id": 392,
"details": "14. Repealed by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)।",
"name": "",
"related_acts": "844",
"section_id": 15
},
{
"act_id": 392,
"details": "15. Subject to the provisions of any other law for the time being in force, the Power Board- (a)\tshall have control over the operation of all power houses and grids as may be considered necessary for their operation; (b)\tmay, with the approval of the Government, prescribe standards for the maintenance of power houses and grids; (c)\tmay, with the approval of the Government, prescribe simplification of methods of charges for the supply of electricity and for standardisation of the system of supply; (d)\tmay, with the approval of the Government and on payment of reasonable compensation, declare any power generating station belonging to a licensee to be a controlled station and thereupon the power to regulate production from such station shall vest in the Board; (e)\tmay require the owner of any controlled station in a grid area- (i)\tto supply to the grid all or part of the power generated at the station at such rates as may be determined by the Government by general or special order; (ii)\tto take from the grid all or part of the power required for distribution to consumers; or (iii)\tto close down the station on payment of reasonable compensation.",
"name": "",
"related_acts": "",
"section_id": 16
},
{
"act_id": 392,
"details": "16. The Power Board shall, for the purposes of the Electricity Act, 1910 (Act IX of 1910), be deemed to be a licensee and shall have all the powers and discharge all the obligations of a licensee under that Act: Provided that nothing in sections 3 to 11, sub-sections (2) and (3) of section 21 and sections 22, 23 and 27 or in clauses I to XII of the Schedule to the said Act relating to the duties and obligations of a licensee shall apply to the Board.",
"name": "",
"related_acts": "93",
"section_id": 17
},
{
"act_id": 392,
"details": "17. (1) Each Board may take such measures and exercise such powers as it considers necessary or expedient for carrying out the purposes of this Order. (2) Without prejudice to the generality of the power conferred by clause (1), each Board may- (a)\tundertake any works, incur any expenditure within the budget or any special allotment, procure plant, machinery and materials required for its use and enter into and perform all such contracts as it may consider necessary or expedient; (b)\tacquire 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; (c)\tseek and obtain advice and assistance in the preparation or execution of a scheme from any local authority or agency of the Government and such local authority or agency shall give the advice and assistance sought by the Board to the best of its ability, knowledge and judgment: Provided that the Board shall pay the cost of such advice and assistance if the giving of such advice and assistance entails additional expenditure to the local authority or the agency. (3) The acquisition of any land or any interest in land for a Board under this Article or for any scheme under this Order shall be deemed to be an acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894 (Act I of 1894), or any other law for the time being in force, and the provisions of the said Act or law shall apply to all such proceedings.",
"name": "",
"related_acts": "",
"section_id": 18
},
{
"act_id": 392,
"details": "18. Repealed by section 27 of the বাংলাদেশ পানি উন্নয়ন বোর্ড আইন, ২০০০ (২০০০ সনের ২৬ নং আইন)।",
"name": "",
"related_acts": "844",
"section_id": 19
},
{
"act_id": 392,
"details": "19. (1) The Chairman or any person authorised by him in writing may, after serving due notice to the owner, enter upon and survey any land, erect pillars for the determination of intended lines of works, make boring and excavations, and do all other acts which may be necessary for the preparation of any scheme: Provided that when the affected land does not vest in the Board, the power conferred by this clause shall be exercised in such manner as to cause the least interference with, and the least damage to, the rights of the owner thereof. (2) When any person enters upon any land in pursuance of clause (1), he shall, at the time of entering or as soon thereafter as may be practicable, 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, the dispute shall be referred to the Deputy Commissioner whose decision shall be final.",
"name": "",
"related_acts": "",
"section_id": 20
},
{
"act_id": 392,
"details": "20. A scheme framed and sanctioned under this Order may be amended or modified by the Board concerned 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 fifteen per cent of the sanctioned costs, or a change in the benefit and cost ratio which either makes the cost component in the ratio exceed the benefit or reduces the benefit component by more than fifteen per cent shall be deemed to be a material change for the purpose of this Article.",
"name": "",
"related_acts": "",
"section_id": 21
},
{
"act_id": 392,
"details": "21. (1) As soon as any scheme has been carried out by a Board or at a latter date, the Board may arrange by a written agreement with a local authority or other agency within whose jurisdiction any particular area covered by the scheme lies to take over and maintain any of the works and services in that area and, if the Board fails to obtain the assent of such local authority or other agency, it may refer the matter to the Government, and the Government may give such directions to the local authority or the other agency as it may deem fit. (2) The Government shall have the power to direct a Board to hand over any scheme to any agency of the Government or a local authority: Provided that the Government shall not direct the Power Board to hand over any power scheme carried out by that Board. (3) Where any scheme has been transferred under clause (2), the Board concerned shall be entitled to receive credit to the extent of the audited expenditure incurred by it on that scheme.",
"name": "",
"related_acts": "",
"section_id": 22
},
{
"act_id": 392,
"details": "22. (1) The Government may appoint such officers, advisers, consultants and other employees to serve under each Board as may be necessary for the efficient performance of the functions of such Board on such terms and conditions as it may determine. (2) The Government may, by general or special order in writing, delegate to a Board or to the Chairman or any member or officer of a Board, subject to such conditions and limitations, if any, as may be specified therein, such of its powers under clause (1) and such of its administrative, disciplinary and financial powers in respect of any officers, advisers, consultants and other employees of the Board as it may deem necessary.",
"name": "",
"related_acts": "",
"section_id": 23
},
{
"act_id": 392,
"details": "23. Each Board may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the Order, be exercisable also by the Chairman or such member or officer as may be specified therein.",
"name": "",
"related_acts": "",
"section_id": 24
},
{
"act_id": 392,
"details": "24. (1) Each Board shall have its own Fund which shall be utilised by it to meet charges in connection with its functions under this Order. (2) The Fund of each Board shall consist of- (a)\tgrants made by the Government; (b)\tloans obtained from the Government; (c)\tgrants made by local authorities; (d)\tsale proceeds of bond issued under the authority of the Government; (e)\tloans and foreign aids obtained by the Board with the special or general sanction of the Government; 11* * * (g)\tin the case of the Power Board Fund, 12subscribed share capital and sale proceeds of electricity; (h)\tall other sums received by the Board.",
"name": "",
"related_acts": "",
"section_id": 25
},
{
"act_id": 392,
"details": "25. Each Board may, with the prior approval of the Government, borrow money for the purpose of carrying out its functions under this Order.",
"name": "",
"related_acts": "",
"section_id": 26
},
{
"act_id": 392,
"details": "26. The rates at which 13* * * the Power Board shall sell power shall be so fixed as to provide for meeting the operating cost, interest charges and depreciation of assets, the redemption at due time of loans other than those covered by depreciation, the payment of any tax and a reasonable return or investment.",
"name": "",
"related_acts": "",
"section_id": 27
},
{
"act_id": 392,
"details": "27. Each Board shall, by such date in each year as may be prescribed, submit to the Government, for approval, a statement, to be called the annual budget statement, in the prescribed form for each 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": "",
"related_acts": "",
"section_id": 28
},
{
"act_id": 392,
"details": "28. (1) Each Board shall maintain proper, complete and accurate accounts in accordance with such general directions as may be issued, and in such form as may be prescribed, by the Government. (2) The accounts of each Board shall, if no auditor is appointed by the Government under clause (3), be audited every year by the Comptroller and Auditor-General of Bangladesh (hereinafter referred to as the Auditor-General) in such manner as may be prescribed. (3) The Government may, for any year, appoint one or more auditors to audit the accounts of each Board: Provided that the Auditor-General may, notwithstanding the provision of this clause, either of his own motion or upon a request received in this behalf from the Government, undertake such audit of the accounts of the Board at such time as may be considered necessary and the Board shall, at the time of such audit, produce the account books and connected documents at such place as the Auditor-General may fix, and furnish such explanations and information as the Auditor-General or an officer authorised by him in this behalf may ask for. (4) Where the Government has appointed an auditor under clause (3), the Government may, at any time issue directions, to the auditor requiring him to report to it upon the adequacy of measures taken by the Board for the protection of the interest of the Government and of the creditors of the Board or upon the sufficiency of the procedure in auditing the affairs of the Board, and may, at any time enlarge or extend the scope of the audit or direct that different procedure in audit shall be adopted or that any other examination shall be made by the auditor or any other person if, in its opinion, the interest of the Government so requires. (5) Each Board shall produce all such accounts, books and connected documents and furnish such explanations and information as the Auditor-General or any officer authorised by him in this behalf or an auditor appointed under clause (3) may require at the time of audit. (6) The Auditor-General or an auditor appointed under clause (3) shall submit an audit report to the Government in which he shall state whether, in his opinion, accounts of the Board are properly drawn up and, if he has called for any explanation or information from the Board, whether it has been given and whether it is satisfactory. (7) Each Board shall comply with any directive issued by the Government for the rectification of matters objected to in audit.",
"name": "",
"related_acts": "",
"section_id": 29
},
{
"act_id": 392,
"details": "29. (1) Each Board shall furnish to the Government such returns, reports and statements as the Government may from time to time require. (2) Each Board shall, as soon as possible after the end of every financial year, furnish to the Government a statement of accounts audited by the Auditor-General or auditor under Article 28 together with an annual report giving therein a true and faithful account of its activity during that year and its proposal for the next ensuing financial year. (3) The copies of the audited accounts and annual report received by the Government under clause (2) shall be published in the official Gazette and shall be laid before the Legislature.",
"name": "",
"related_acts": "",
"section_id": 30
},
{
"act_id": 392,
"details": "30. Each Board shall have power to realise its dues from any person under the Public Demands Recovery Act, 1913 (Ben. Act III of 1913).",
"name": "",
"related_acts": "98",
"section_id": 31
},
{
"act_id": 392,
"details": "31. No provision of law relating to the winding up of companies shall apply to a Board and a Board shall not be wound up save by order of the Government and in such manner as it may direct.",
"name": "",
"related_acts": "",
"section_id": 32
},
{
"act_id": 392,
"details": "32. (1) Notwithstanding anything contained in any law, rule, regulation, agreement or contract for the time being in force, on the commencement of this Order,- (a)\tthe East Pakistan Water and Power Development Authority, hereinafter referred to as the said Authority, established under the East Pakistan Water and Power Development Authority Ordinance, 1958 (E.P. Ord. No. I of 1959), shall stand dissolved; (b)\tthe entire undertakings of the said Authority and all debts, liabilities and obligations of whatever kind of the said Authority subsisting immediately before the commencement of this Order shall stand transferred to, and vest in,- 14* * * (ii)\tthe Power Board, so far as they relate to the power wing of the said Authority; (c)\tall debts, liabilities and obligations incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the said Authority before the commencement of this Order shall be deemed to have been incurred, entered into, acquired or engaged to be done by, with or for,- 15* * * (ii)\tthe Power Board, so far as they relate to the undertakings transferred to that Board under that sub-clause; (d)\tall suits and other legal proceedings instituted by or against the said Authority before the commencement of this Order shall be deemed to be suits and other legal proceedings by or against- 16* * * (ii)\tthe Power Board, so far as they relate to the undertakings transferred to that Board under that sub-clause; (e)\tall officers, advisers, consultants and other employees of the said Authority shall stand transferred to, and shall be deemed to have been appointed or engaged by,- 17* * * (ii)\tthe Power Board, if they were appointed or engaged in the power wing of the said Authority; and (f)\tthe East Pakistan Water and Power Development Authority Ordinance, 1958 (E.P. Ord. No. I of 1959), shall stand repealed. (2) The officers and other employees of the said Authority transferred to a Board under sub-clause (1) shall be deemed to be Government servants and shall serve under the Board on such terms and conditions as may be determined by the Government or, until so determined, on the same terms and conditions, subject to the provisions of this Order, as were applicable to them immediately before their transfer: Provided that an officer or other employee directly appointed by the said Authority may, within such time as may be specified by the Government, exercise his option not to continue to serve under a Board. (3) If any question arises as to whether any undertaking related to the water wing or the power wing, or whether any person was an officer, adviser, consultant or other employee of the water wing or the power wing, of the said Authority, immediately before the commencement of this Order, the question shall be referred to the Government whose decision shall be final and binding on the parties. (4) Where any undertaking of the said Authority does not relate exclusively to its water wing or power wing or where such undertaking relates to both the wings of the said Authority,such undertaking shall be transferred to such Board, in such manner and to such extent as the Government may, by order, direct. (5) Where any officer, adviser, consultant or other employee of the said Authority was not appointed or engaged exclusively in its water wing or power wing or was appointed or engaged for the purposes of both the wings or for the purposes of the said Authority as a whole, immediately before the commencement of this Order, he shall be transferred to such Board as the Government may, by order, direct. (6) The Government may, for the purpose of removing any difficulty arising out of, or in connection with, the dissolution of the said Authority or in relation to the transfer and other matters specified in this Article, make such order as it considers expedient and any such order shall be deemed to be, and given effect to as, part of the provisions of this Order.",
"name": "",
"related_acts": "",
"section_id": 33
},
{
"act_id": 392,
"details": "33. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Order.",
"name": "",
"related_acts": "",
"section_id": 34
},
{
"act_id": 392,
"details": "34. (1) Each Board may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Order or the 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 Order. (2) All regulations made under this Article shall be published in the official Gazette and shall come into force on such publications.",
"name": "",
"related_acts": "",
"section_id": 35
},
{
"act_id": 392,
"details": "35. All rules and regulations made under the East Pakistan Water and Power Development Authority Ordinance, 1958 (E.P. Ord. No. I of 1959), and in force immediately before the repeal thereof shall, mutatis mutandis and so far as they are not inconsistent with the provisions of this Order, continue in force until repealed or altered by rules or regulations made under this Order.",
"name": "",
"related_acts": "",
"section_id": 36
}
],
"text": "WHEREAS it is expedient to provide for the constitution of 1* * * a Power Development Board to replace the East Pakistan Water and Power Development Authority and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 393,
"lower_text": [
"1 Added by Article 2 of the Bangladesh (Demonetisation of Bank Notes) (Amendment) Order, 1972 (President’s Order No. 66 of 1972)",
"2 Article 10 was added by Article 2 of the Bangladesh (Demonetisation of Bank Notes) (Amendment) Order, 1972 (President’s Order No. 118 of 1972)"
],
"name": "The Bangladesh (Demonetisation of Bank Notes) Order, 1972 (President's Order)",
"num_of_sections": 10,
"published_date": "8th June, 1972",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 393,
"details": "1. (a) \tThis Order may be called as the Bangladesh (Demonetisation of Bank Notes) Order, 1972. (b)\tIt extends to the whole of Bangladesh. (c)\tIt shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 393,
"details": "2. In this Order, unless the context otherwise requires- (a)\t“Government” means the Government of the People's Republic of Bangladesh. (b)\t“Prescribed” means prescribed by rules made under this Order.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 393,
"details": "3. This Order shall take effect notwithstanding anything inconsistent therewith in any other law for the time being in force.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 393,
"details": "4. All Pakistani Bank notes of Rs. 10 and Rs. 5 denominations which were made legal tender in Bangladesh in pursuance of the Bangladesh Bank (Temporary) Order, 1971, dated the 25th December, 1971, made and promulgated by the Acting President of the People's Republic of Bangladesh, shall on the 8th June, 1972, cease to be legal tender within the meaning of the State Bank of Pakistan Act, 1956 (XXXIII of 1956) as adapted in Bangladesh.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 393,
"details": "5. All holders of Bank notes specified in Article 4 shall surrender them to any of the branches/sub-branches/pay offices of the scheduled banks or to any office of the Bangladesh Bank at Dacca, Chittagong, Khulna and Bogra or to any treasury/sub-treasury or to any Head Post Office and Departmental Sub-Post Office in Bangladesh to such extent and in such manner as may be prescribed by the Bangladesh Bank, with the approval of the Government, and notified in the official Gazette, on the following dates:- Thursday the 8th June, 1972 Friday the 9th June, 1972 Saturday the 10th June, 1972 Sunday the 11th June, 1972 Monday the 12th June, 1972 1Tuesday the 13th June, 1972 Wednesday the 14th June, 1972 whereafter these Bank notes shall not be accepted.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 393,
"details": "6. A person who has surrendered any Bank notes under Article 5 shall be entitled to receive the amount equivalent to the value of the Bank notes so surrendered by him from such bank or agency, to such extent and in such manner as may be prescribed by the Bangladesh Bank with the approval of the Government and notified in the official Gazette.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 393,
"details": "7. Bangladesh Bank with the approval of the Government, may, for the purposes of this Order, make such rules or issue such directives to such person or authority as it may deem necessary, and it would be mandatory for such persons or authority to execute such rules or directives as may be issued by the Government or Bangladesh Bank under this clause.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 393,
"details": "8. No provision of this Order, nor any action taken thereunder, shall be called in question by or before any Court of Law.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 393,
"details": "9. Whoever fails to take any action required of him by this Order or by any rule made or by any directive issued under Article 7 or furnished false information to the person receiving the surrendered Bank notes shall be punishable with rigorous imprisonment which may extend to three years, or with fine of Taka 10,000.00 or with both.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 393,
"details": "210. Notwithstanding anything contained in this Order or any other order or law for the time being in force, the Bangladesh Bank may with the approval of the Government pay exchange value of demonetised Pakistani Bank Notes of 10 and 5 rupee denominations which were held by Courts or Customs Authorities (including those of Indian Courts and Customs Authorities, seized between the 26th of March, 1971 and 16th December, 1971) as alamat or exhibit or as pieces of evidence or seized by or under orders of such Courts/authorities or kept in some legal custody in consequence thereof and were released after the 14th June, 1972 subject to production of evidence to the satisfaction of the authorities concerned.",
"name": "",
"related_acts": "",
"section_id": 10
}
],
"text": "WHEREAS continuance of circulation of Pakistani Bank notes of certain denominations in Bangladesh is prejudicial to the interest of the national economy; AND WHEREAS it is expedient to withdraw from circulation Bank notes of certain denominations; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, 1971, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Order:-"
} |
{
"id": 394,
"lower_text": [],
"name": "The Bangladesh Taxation Laws (Adaptation) Order, 1972 (President's Order)",
"num_of_sections": 2,
"published_date": "8th June, 1972",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 394,
"details": "1. (1) This Order may be called the Bangladesh Taxation Laws (Adaptation) Order, 1972. (2) It shall come into force at once and shall be deemed to have taken effect on the 26th day of March, 1971.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 394,
"details": "2. The taxation laws specified in the Schedule shall, until repealed or amended by competent authority, have effect and be deemed to have at all material times had effect subject to the modifications directed by the Schedule.",
"name": "",
"related_acts": "",
"section_id": 2
}
],
"text": "WHEREAS the Laws Continuance Enforcement Order provides that all laws which were in force on the 25th day of March, 1971 in the territories now comprised in the People’s Republic of Bangladesh shall continue to be in force in Bangladesh subject to such consequential changes as may be necessary; NOW, THEREFORE, in pursuance of Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Order:-"
} |
{
"id": 395,
"lower_text": [
"1 Article 4 was substituted by section 2 of the Bangladesh College of Physicians and Surgeons (Amendment) Act, 1974 (Act No. XXVII of 1974)",
"2 The proviso was substituted by section 2 of the Bangladesh College of Physicians and Surgeons (Amendment) Ordinance, 1976 (Ordinance No. LX of 1976)"
],
"name": "The Bangladesh College of Physicians and Surgeons Order, 1972 (President's Order)",
"num_of_sections": 20,
"published_date": "8th June, 1972",
"related_act": [],
"repelled": true,
"sections": [
{
"act_id": 395,
"details": "1. (1) This Order may be called the Bangladesh College of Physicians and Surgeons Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 395,
"details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a)\t“College” means the Bangladesh College of Physicians and Surgeons established under Article 3; (b)\t“Council” means the Council of the College constituted under Article 6; (c)\t“Fellow” means a Fellow of the College; and (d)\t“Prescribed” means prescribed by rules made under Article 19.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 395,
"details": "3. (1) As soon as may be after the commencement of this Order, there shall be established a College, to be called the Bangladesh College of Physicians and Surgeons. (2) The College shall be a body corporate, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and shall, by the said name, sue and be sued.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 395,
"details": "14. (1) The College shall consist of the following persons who shall be called the Fellows of the College, namely:- (a)\tpersons elected as Fellows under sub-clause (g) of clause (2) of article 9; (b)\tpersons who have passed the Fellowship examination and are admitted as Fellows by the Council; and (c) \tpersons who immediately before the 25th day of March, 1971, were elected or admitted as Fellows of the College of Physicians and Surgeons established under section 3 of the College of Physicians and Surgeons Ordinance, 1962 (XX of 1962), and are citizens of Bangladesh. (2) Notwithstanding anything contained in clause (1) the Government may, if it deems fit so to do, appoint, up to the 31st day of December, 1974, any of the persons specified in the Schedule to this Order, to be a Fellow of the College.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 395,
"details": "5. The following shall be the functions of the College, namely:- (1)\tto promote specialist practice of all medical sciences by securing improvement of teaching and training in hospitals and hospital methods; (2)\tto arrange post graduate education of all specialities of medical science; (3)\tto hold and conduct examinations for membership and admission to the Fellowship of the College; (4)\tto provide for research; (5)\tto bring together the physicians, surgeons and other specialists of Bangladesh periodically for scientific discussions and practical demons¬trations of various subjects; and (6)\tto do all acts and things as it may consider necessary to carry out the purposes of this Order.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 395,
"details": "6. (1) There shall be constituted a Council of the College consisting of twenty members, out of which sixteen shall be elected, in the prescribed manner by the Fellows from amongst the members and four will be nominated by the Government. (2) A member of the Council shall, subject to his continuance as a Fellow, hold office for a period of four years and shall be eligible for a re election: 2Provided that in the first election for the constitution of the Council one-half of the members of the Council shall be elected for of a term of only two years. (3) A casual vacancy in the office of the members of the Council shall be filled by appointment or election according as the member whose vacancy is being filled was nominated or elected and the person so nominated or elected shall hold office for the unexpired period of the term of his predecessor.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 395,
"details": "7. (1) The members of the Council shall elect, in the prescribed manner, from amongst themselves a President, two Vice Presidents and a Treasurer. (2) The President, Vice President and the Treasurer shall hold office for a period of two years but each shall continue in office after the expiry of his term until his successor is elected and shall be eligible for re election for one more term. The election of these office bearers will take place every two years after the election of one half of the Council has taken place. (3) Any dispute relating to the election, under clause (1) shall be referred to the Government whose decision thereon shall be final.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 395,
"details": "8. (1) The Council shall appoint a Secretary on such terms and conditions as it may think fit. (2) The Secretary may attend and take part in the proceedings of the Council but shall not be entitled to vote.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 395,
"details": "9. (1) The general direction and administration of the affairs of the College shall vest in the Council which may exercise all such powers, and do all such acts and things as may be exercised or done by the College. (2) In particular and without prejudice to the generality of the foregoing power, the Council may- (a) \tlay down the powers and functions of the officers of the College; (b) hold examinations for admission to Membership and Fellowship of the College. (c) \tappoint Boards of Examiners to conduct examination in different subjects; (d)\tappoint Committees of the Council and lay down the powers and functions of such Committees; (e) \tappoint auditors and other officers and employees of the College; (f)\tadmit as fellows the persons who have passed Fellowship examination and signed the prescribed pledge; (g)\telect as fellows in the prescribed manner, from amongst the distinguished medical graduates of not less than twenty years standing subject to the rules: Provided that, except during the first two years, not more than two persons shall be elected as Fellows of the College; (h)\tadmit, subject to rules made in this behalf, distinguished persons as honorary Fellows of the College; (i)\tlay down fees, subscription and other charges for Fellowship, admission to examination and for such other matters as it may think fit; (j)\tdo all such acts and things as may be necessary for the performance of the functions of the College.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 395,
"details": "10. (1) Where the Council is of the opinion that a Fellow is guilty of misconduct or of any conduct derogatory to the dignity of a Fellow and the interest of the College requires his expulsion from the Fellowship of the College the Council may expel such Fellow by a resolution at a meeting specially called for the purpose by not less than two thirds of the total number of members of the Council. (2) The notice of every meeting called under clause (1) shall be given to the Fellow who is proposed to be expelled together with a statement of charges against him and every such Fellow shall be entitled to submit an explanation of his conduct in writing and also to attend the meeting of the Council and show cause against his expulsion.",
"name": "",
"related_acts": "",
"section_id": 10
},
{
"act_id": 395,
"details": "11. (1) There shall be an Executive Committee of the Council consisting of the President, the Vice President, the Treasurer, the Secretary and two members elected by the members of the Council from amongst themselves. (2) The Executive Committee shall exercise and perform such powers and functions of the Council in the management and conduct of the affairs of the College as may be entrusted to it by resolution of the Council or as the President may, in the case of emergency, require the Executive Committee to exercise and perform.",
"name": "",
"related_acts": "",
"section_id": 11
},
{
"act_id": 395,
"details": "12. (1) All receipts of the College from any source whatever shall constitute the College Fund which shall be applied, subject to any rules made in this behalf, by the Council to meet all expenditures for the administration and management of the affairs of the College. (2) The Council shall made disbursement of College Funds by cheques signed by the Treasurer and the Secretary or by any one member of the Executive Committee and the Senior Vice-President.",
"name": "",
"related_acts": "",
"section_id": 12
},
{
"act_id": 395,
"details": "13. The common seal of the College shall be deposited at the office of the Council and shall not be used except by the authority of the Executive Committee and in the presence of two members of the Executive Committee and the Secretary each of whom shall append his signature to the documents on which the common seal is affixed.",
"name": "",
"related_acts": "",
"section_id": 13
},
{
"act_id": 395,
"details": "14. The Council shall maintain in the prescribed manner the accounts of all receipt and expenditures of the College and such account shall be audited annually by such auditors as may be appointed by it in this behalf.",
"name": "",
"related_acts": "",
"section_id": 14
},
{
"act_id": 395,
"details": "15. (1) The Council shall, before the close of every financial year, prepare an annual report of the working of the Council and a statement of the estimate of the receipts and expenditure of the College for the next succeeding financial year, and present at the Annual Meeting of the College the report and the statement which may be discussed at the meeting. (2) After the close of the Annual Meeting of the College, the Council shall approve the estimate of receipts and expenditure, with or without modification.",
"name": "",
"related_acts": "",
"section_id": 15
},
{
"act_id": 395,
"details": "16. (1) The Council shall, before the close of every financial year, call at such time and place as it may think fit in the annual meeting of the College- (a) \tto receive and consider the annual report presented by the Council; (b)\tto receive and discuss the statement of the estimate of receipt and expenditure of the College for the next succeeding financial year; and (c) \tto transact such other business as the Council and the Fellows may think fit. (2) The Council may also from time to time call general meetings of the Fellows for the purposes of providing information or for discussion of matters concerning the welfare of the College and the Fellows and such other matters within the scope of the objects of the College as the Council may think fit to present at such general meeting.",
"name": "",
"related_acts": "",
"section_id": 16
},
{
"act_id": 395,
"details": "17. The President and other members of the Council, and every officer and servant of the College acting or purporting to act under this Order, shall be deemed to be public servants within the meaning of section 21 of the Penal Code.",
"name": "",
"related_acts": "",
"section_id": 17
},
{
"act_id": 395,
"details": "18. No suit, prosecution or other legal proceedings shall lie against the Collage, Council or any person for anything which is in good faith done or be intended to be done under this Order.",
"name": "",
"related_acts": "",
"section_id": 18
},
{
"act_id": 395,
"details": "19. The Council may make rules for carrying out the purposes of this Order.",
"name": "",
"related_acts": "",
"section_id": 19
},
{
"act_id": 395,
"details": "20. The Pakistan College of Physicians and Surgeons Ordinance, 1962 (XX of 1962), is hereby repealed.",
"name": "",
"related_acts": "",
"section_id": 20
}
],
"text": "WHEREAS it is expedient to establish a College of Physicians and Surgeons in the People’s Republic of Bangladesh for maintaining high principles of medical profession, promoting specialists medical practice, arranging post-graduate medical training, and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Order:-"
} |
{
"id": 396,
"lower_text": [
"1 The words “Six Whips” were substituted for the words “four Whips” by section 2 of the Bangladesh (Whips) (Amendment) Act, 2001 (Act No. LVIII of 2001)",
"2 Clause (2) was substituted by Article 2 of the Bangladesh (Whips) (Amendment) Order, 1972 (President’s Order No. 82 of 1972)",
"3 Clause (a) was omitted by section 3 of the Bangladesh (Whips) (Amendment) Ordinance, 1979 (Ordinance No. XXII of 1979)",
"4 The words “four Whips who shall be appointed by the President from among the members of Parliament” were substituted for the words “two Whips who shall be appointed by the Government from amongst the members of the Assembly” by section 4 of the Bangladesh (Whips) (Amendment) Ordinance, 1979 (Ordinance No. XXII of 1979)",
"5 The words “Six Whips” were substituted for the words “Five Whips” by section 3 of the Bangladesh (Whips) (Amendment) Act, 2001 (Act No. LVIII of 2001)",
"6 Clause (2) was substituted by section 4 of the Bangladesh (Whips) (Amendment) Ordinance, 1979 (Ordinance No. XXII of 1979)",
"7 The word “Parliament” was substituted for the words “the Assembly” by section 4 of the Bangladesh (Whips) (Amendment) Ordinance, 1979 (Ordinance No. XXII of 1979)",
"8 The word “President” was substituted for the words “Prime Minister” by section 4 of the Bangladesh Laws (Amendment) Act, 1975 (Act No. XIII of 1975)",
"9 The word “Minister” was substituted for the words “Minister of State” by section 5 of the Bangladesh (Whips) (Amendment) Ordinance, 1979 (Ordinance No. XXII of 1979)",
"10 The colon (:) was substituted for the full-stop (.) and the proviso was inserted by section 2 of the Bangladesh (Whips) (Amendment) Act, 1997 (Act No. XXIII of 1997)",
"11 The word “Parliament” was substituted for the words “the Assembly” by section 6 of the Bangladesh (Whips) (Amendment) Ordinance, 1979 (Ordinance No. XXII of 1979)",
"12 The word “Parliament” was substituted for the words “the Assembly” by section 6 of the Bangladesh (Whips) (Amendment) Ordinance, 1979 (Ordinance No. XXII of 1979)",
"13 The word “Parliament” was substituted for the words “the Assembly” by section 6 of the Bangladesh (Whips) (Amendment) Ordinance, 1979 (Ordinance No. XXII of 1979)",
"14 The word “Parliament” was substituted for the words “the Assembly” by section 6 of the Bangladesh (Whips) (Amendment) Ordinance, 1979 (Ordinance No. XXII of 1979)"
],
"name": "The Bangladesh (Whips) Order, 1972 (President's Order)",
"num_of_sections": 7,
"published_date": "8th June, 1972",
"related_act": [
490
],
"repelled": false,
"sections": [
{
"act_id": 396,
"details": "1. (1) This Order may be called the Bangladesh (Whips) Order, 1972. 2(2) It shall come into force at once and shall be deemed to have taken effect on the eleventh day of April, 1972.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 396,
"details": "2. In this Order, unless there is anything repugnant in the subject or context,- 3* * * (b) \t“Government” means the Government of the People's Republic of Bangladesh; (c) \t“prescribed” means prescribed by rules.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 396,
"details": "3. (1) There shall be a Chief Whip and 4 5Six Whips who shall be appointed by the President from among the members of Parliament. 6(2) The Chief Whip and the Whips shall hold office during the pleasure of the President. (3) The Chief Whip or a Whip shall cease to hold office if he ceases to be a member of 7Parliament. (4) The Chief Whip or a Whip may, at any time, resign his office by writing under his hand addressed to the 8President.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 396,
"details": "4. (1) The Chief Whip shall be entitled to such salary, allowances and other privileges as may be admissible to a 9Minister 10: Provided that the Chief Whip shall be entitled to an additional Peon to be appointed at the choice of the Chief Whip at a consolidated pay to be fixed by the Government from time to time, who shall hold his office during the pleasure of the Chief Whip and so long as the Chief Whip holds his office. (2) A Whip shall be entitled to such salary, allowances and other privileges as may be prescribed.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 396,
"details": "5. (1) The Chief Whip shall be responsible for- (a) \tkeeping members of 11Parliament supplied with information about the business of 12Parliament; (b) \tsecuring the attendance of members at the sessions of 13Parliament; (c)\tarranging the business of each sitting of 14Parliament; and (d) \tperforming such other functions as may be assigned to him by the Government or as may be prescribed. (2) A Whip shall perform such functions as may be assigned to him by the Chief Whip or the Government or as may be prescribed.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 396,
"details": "6. Omitted by section 4 of the Bangladesh Laws (Amendment) Act, 1975 (Act No. XIII of 1975).",
"name": "",
"related_acts": "490",
"section_id": 6
},
{
"act_id": 396,
"details": "7. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Order.",
"name": "",
"related_acts": "",
"section_id": 7
}
],
"text": "WHEREAS it is expedient to provide for the appointment of a Chief Whip and 1Six Whips and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 397,
"lower_text": [
"1 Preamble এর প্রথম অনুচ্ছেদ Trading Corporation of Bangladesh (Amendment) Act, 2015 (২০১৫ সনের ০৪ নং আইন) এর ২ ধারাবলে প্রতিস্থাপিত।",
"2 clause (cc) Trading Corporation of Bangladesh (Amendment) Act, 2015 (২০১৫ সনের ০৪ নং আইন) এর ৩ (ক) ধারাবলে সন্নিবেশিত।",
"3 clause (dd) Trading Corporation of Bangladesh (Amendment) Act, 2015 (২০১৫ সনের ০৪ নং আইন) এর ৩ (খ) ধারাবলে সন্নিবেশিত।",
"4 “one thousand” শব্দগুলি “five” শব্দের পরিবর্তে Trading Corporation of Bangladesh (Amendment) Act, 2015 (২০১৫ সনের ০৪ নং আইন) এর ৪ ধারাবলে প্রতিস্থাপিত।",
"5 clause (1) Trading Corporation of Bangladesh (Amendment) Act, 2015 (২০১৫ সনের ০৪ নং আইন) এর ৫ ধারাবলে প্রতিস্থাপিত।",
"6 clause (2),(2A) ও (2B) ) Trading Corporation of Bangladesh (Amendment) Act, 2015 (২০১৫ সনের ০৪ নং আইন) এর ৬ ধারাবলে প্রতিস্থাপিত।",
"7 clause (aa) Trading Corporation of Bangladesh (Amendment) Act, 2015 (২০১৫ সনের ০৪ নং আইন) এর ৭ (ক) ধারাবলে সন্নিবেশিত।",
"8 “and procured locally” শব্দগুলি “Imported” শব্দের পর Trading Corporation of Bangladesh (Amendment) Act, 2015 (২০১৫ সনের ০৪ নং আইন) এর ৭ (খ) ধারাবলে সন্নিবেশিত।",
"9 “clause (a), (aa) and (b)” শব্দগুলি বন্ধনীগুলি ও বর্ণগুলি “clause (a) and (b)” শব্দগুলি বন্ধনীগুলি ও বর্ণগুলির পরিবর্তে Trading Corporation of Bangladesh (Amendment) Act, 2015 (২০১৫ সনের ০৪ নং আইন) এর ৭ (গ) ধারাবলে প্রতিস্থাপিত।",
"10 “as approved by the board” শব্দগুলি “banks” শব্দের পর Trading Corporation of Bangladesh (Amendment) Act, 2015 (২০১৫ সনের ০৪ নং আইন) এর ৮ ধারাবলে সংযোজিত।",
"11 “Board” শব্দ “Government” শব্দের পরিবর্তে Trading Corporation of Bangladesh (Amendment) Act, 2015 (২০১৫ সনের ০৪ নং আইন) এর ৯ ধারাবলে প্রতিস্থাপিত।"
],
"name": "The Trading Corporation of Bangladesh Order, 1972 (President's Order)",
"num_of_sections": 25,
"published_date": "14th June, 1972",
"related_act": [
306,
262
],
"repelled": false,
"sections": [
{
"act_id": 397,
"details": "1. (1) This Order may be called the Trading Corporation of Bangladesh Order, 1972. (2) It extends to the whole of Bangladesh and shall apply to the business of the Corporation outside Bangladesh. (3) It shall come into force at once and shall be deemed to have taken effect on the first day of January, 1972.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 397,
"details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a) “Board” means the Board of Directors of the Corporation; (b) \t“Chairman” means the Chairman of the Board; (c) “Corporation” means the Trading Corporation of Bangladesh established under this Order; 2(cc) “Dealer” means a person or a firm or a company appointed by the Corporation for the purpose of sale or distribution of commodities on behalf of the Corporation on such terms and conditions as may be determined by it from time to time. (d)\t“Director” means a Director of the Corporation; 3(dd) “essential commodities” shall have the same meaning as defined in section 2 of the Control of Essential Commodities Act, 1956 (Act No. 1 of 1956). (e) “Government” means the Government of the People's Republic of Bangladesh; (f) “prescribed” means prescribed by rules or regulations made under this Order.",
"name": "",
"related_acts": "262",
"section_id": 2
},
{
"act_id": 397,
"details": "3. (1) On the commencement of this Order there shall be established a Corporation to be called the Trading Corporation of Bangladesh for the purposes of this Order. (2) The Corporation shall be a body corporate by the name of the Trading Corporation of Bangladesh having perpetual succession and a common seal, with power, subject to the provisions of this Order, to acquire, hold and dispose of any property and shall by the said name sue and be sued.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 397,
"details": "4. (1) The Head Office of the Corporation shall be located at Dacca. (2) The Corporation may establish such regional or other offices, branches and agencies as the Board may think fit.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 397,
"details": "5. (1) The authorised capital of the Corporation shall be 4one thousand crores of Taka to be subscribed by the Government from time to time according to the requirements of the Corporation. (2) The Government may increase the authorised capital from time to time.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 397,
"details": "6. (1) Subject to rules and regulations made under this Order, the general direction and superintendence of the affairs and business of the Corporation shall vest in a Board of Directors which may exercise all such powers and do all such acts and things as may be exercised or done by the Corporation. (2) The Board, in discharging its functions, shall act on commercial considerations with due regard to the interest of the nation and the public generally and be guided by such general or special instructions as may be given to it by the Government from time to time.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 397,
"details": "7. 5(1) The Board shall consist of- (a) a Chairman; (b) three whole time Director; and (c) two part time Director (2) No act or proceeding of the Board shall be invalid merely on the ground of existence of any vacancy in, or any defect in the constitution of, the Board.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 397,
"details": "8. (1) The Chairman shall be the chief executive officer of the Corporation. 6(2) The Chairman and whole time Directors shall be appointed, and part time Directors shall be nominated, by the Government. (2A) The Chairman and whole time Directors shall be whole-time officers of the Corporation, and shall hold office for such period and on such terms and conditions as may be determined by the Government. (2B) The part time Directors shall be nominated for such period and on such terms and conditions as may be determined by the Government and they shall be eligible for re-nomianted. (3) The Chairman and other Directors shall exercise such powers, perform such functions and discharge such duties as may be prescribed or assigned to them by the Board.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 397,
"details": "9. (1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed: Provided that a meeting may also be otherwise convened by the Chairman when he so thinks fit. (2) If for any reason the Chairman is unable to be present at a meeting of the Board, a Director authorised in writing by the Chairman shall preside over the meeting. (3) At a meeting of the Board each director shall have one vote, but in the event of equality of votes the Chairman shall have a second or casting vote.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 397,
"details": "10. The Board may appoint such committee or committees as it thinks fit to assist it in the efficient discharge of its functions.",
"name": "",
"related_acts": "",
"section_id": 10
},
{
"act_id": 397,
"details": "11. (1) The Corporation may appoint such officers, advisers and other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may deem fit. (2) The Chairman may, in cases of urgency, appoint such officers, advisers or other employees on such terms and conditions as he thinks fit: Provided that every appointment of officer or adviser under this clause shall be reported to the Board without unreasonable delay and shall not continue beyond six months unless approved by the Board.",
"name": "",
"related_acts": "",
"section_id": 11
},
{
"act_id": 397,
"details": "12. Subject to the provisions of this Order, the functions of the Corporation shall be- (a) \tto carry on the business of imports and exports of goods, commodities, materials and merchandise from and to all countries in the world in accordance with the policy of the Government from time to time; 7 (aa) to buildup and maintain sufficient buffer stock of essential commodities in accordance with the directions of the Government from time to time; (b) \tto arrange for the sale and distribution of the goods, commodities, materials and merchandise imported 8and procured locally by it and to appoint dealers, agents and other means for the purpose subject to Government directives from time to time in this regard; and (c) \tto do all other acts and things connected with or ancillary to any of the matters referred to in 9clause (a), (aa) and (b).",
"name": "",
"related_acts": "",
"section_id": 12
},
{
"act_id": 397,
"details": "13. The Board may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman or by such Director or officer of the Corporation as may be so specified.",
"name": "",
"related_acts": "",
"section_id": 13
},
{
"act_id": 397,
"details": "14. The Corporation may, with the prior approval of the Government, borrow money in Bangladesh or foreign currency.",
"name": "",
"related_acts": "",
"section_id": 14
},
{
"act_id": 397,
"details": "15. The Corporation may open accounts with any bank or banks 10as approved by the board.",
"name": "",
"related_acts": "",
"section_id": 15
},
{
"act_id": 397,
"details": "16. The Corporation may invest its funds in such securities as may be authorised by the Government.",
"name": "",
"related_acts": "",
"section_id": 16
},
{
"act_id": 397,
"details": "17. The Corporation shall, by such date in each year as may be prescribed by rules, submit to the Government for approval a statement, to be called the Annual Budget Statement, in the prescribed form for each 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": "",
"related_acts": "",
"section_id": 17
},
{
"act_id": 397,
"details": "18. (1) The Corporation shall maintain proper accounts and shall prepare annual statement of accounts, including the profit and loss account and balance-sheet, in accordance with such general directions as may be issued, and in such form as may be prescribed, by the 11Board. (2) The accounts of the Corporation shall be audited by not less than two auditors, being chartered accountants within the meaning of the Chartered Accountants Ordinance, 1961 (Ord. No. X of 1961), who shall be appointed by the Government. (3) Every auditor appointed under clause (2) shall be given a copy of the annual balance-sheet and other accounts of the Corporation and shall examine it together with the account books 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. (4) The auditors shall report to the Government upon the annual balance-sheet and accounts, and in their report they shall state whether, in their opinion, the balance-sheet contains all necessary particulars and is properly drawn up so as to exhibit a true and correct view of the state of the Corporation's affairs, and if they have called for any explanation or information from the Board, whether it has been given and whether it is satisfactory. (5) The Government may, at any time, issue directions to the auditors requiring them to report to it upon the adequacy of measure taken by the Corporation for the protection of the interest of the Government and of the creditors of the Corporation 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 different procedure in audit shall be adopted or that any other examination shall be made by the auditors or any other person or persons if, in its opinion, the interest of the Government so requires.",
"name": "",
"related_acts": "306",
"section_id": 18
},
{
"act_id": 397,
"details": "19. (1) The Corporation shall furnish to the Government such returns, reports and statements as the Government may from time to time require. (2) The Corporation shall, as soon as possible after the end of every financial year, furnish to the Government a statement of accounts audited by the auditors under Article 18 together with an annual report on the conduct of its affairs for that year and on its proposal for the next ensuing financial year. (3) The copies of the audited accounts and annual report received by the Government under clause (2) shall be published in the official Gazette and shall be laid before the Legislature.",
"name": "",
"related_acts": "",
"section_id": 19
},
{
"act_id": 397,
"details": "20. After making provisions for bad and doubtful debts, depreciation of assets and such other matter as may be prescribed by regulations, the Corporation may, out of its net annual profits, establish a reserve fund and any surplus remaining thereafter shall be paid to the Government.",
"name": "",
"related_acts": "",
"section_id": 20
},
{
"act_id": 397,
"details": "21. 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 wrongful act or default.",
"name": "",
"related_acts": "",
"section_id": 21
},
{
"act_id": 397,
"details": "22. No provision of law relating to the winding up of companies 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": "",
"related_acts": "",
"section_id": 22
},
{
"act_id": 397,
"details": "23. Notwithstanding anything contained in any other law for the time being in force or in any memorandum or articles of association, deed or other instrument, on the commencement of this Order,- (a) \tall assets of the Trading Corporation of Pakistan Limited, hereinafter referred to as the said company, in Bangladesh shall stand transferred to, and vested in, the Corporation; Explanation.- The expression “assets” includes all rights, powers, authorities and privileges, all property, movable and immovable, including lands, buildings, cash balances, bank deposits, reserve funds, investments and all other rights and interests in, or arising out of, such property and all books of accounts, registers, records and all other documents of whatever nature relating thereto; (b)\tall debts and liabilities incurred, all obligations undertaken, all contracts entered into and all agreements made in Bangladesh by or with the said company shall, unless the Government otherwise directs stand transferred to, and be deemed to have been incurred, undertaken, entered into or made by or with, the Corporation; (c)\tall suits or other legal proceedings instituted by or against the said company in Bangladesh before the commencement of this Order shall, unless the Government otherwise directs, be deemed to have been instituted by or against the Corporation and may be continued or proceeded with accordingly; (d)\tall officers and other employees of the said company in Bangladesh shall stand transferred to the Corporation on such terms and conditions as the Corporation may determine: Provided that an officer or other employee so transferred shall have the option not to continue in the service of the Corporation.",
"name": "",
"related_acts": "",
"section_id": 23
},
{
"act_id": 397,
"details": "24. The Government may, by notification in the official Gazette, make rules for the purpose of giving effect to the provisions of this Order.",
"name": "",
"related_acts": "",
"section_id": 24
},
{
"act_id": 397,
"details": "25. (1) The Board may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Order and the rules, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Order. (2) All regulations made under this Article shall be published in the official Gazette and shall come into force on such publication.",
"name": "",
"related_acts": "",
"section_id": 25
}
],
"text": "1WHEREAS it is expedient to provide for the establishment of a Trading Corporation to buildup buffer stock for stabilization of market prices of essential commodities through import and local procurement, and to carry on the business of imports and exports of all kinds of goods and materials and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 398,
"lower_text": [
"1 The words, brackets and figure “at any time before the final hearing of any legal proceedings mentioned in clause (1)” were substituted for the words, brackets, figure and comma “within six months from the date of commencement of this Order or before the final hearing of any legal proceedings mentioned in clause (1), whichever is earlier” by Article 2 of the Bangladesh (Legal Proceedings) (Second) (Amendment) Order, 1972 (President’s Order No. 97 of 1972)",
"2 Clause (3) was added by Article 2 of the Bangladesh (Legal Proceedings) (Second) (Amendment) Order, 1972 (President’s Order No. 97 of 1972)"
],
"name": "The Bangladesh (Legal Proceedings) (Second) Order, 1972 (President's Order)",
"num_of_sections": 5,
"published_date": "16th June, 1972",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 398,
"details": "1. (1) This Order may be called the Bangladesh (Legal Proceedings) (Second) Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 398,
"details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a)\t“court” means a civil, criminal or revenue court and includes the High Court of Bangladesh; (b)\t“legal proceedings” includes suit, case, prosecution, appeal, reference, revision, review and any other proceedings.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 398,
"details": "3. The provisions of this Order shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 398,
"details": "4. (1) Subject to clause (2), any legal proceedings which are pending by or against the erstwhile Government of Pakistan or the erstwhile Government of East Pakistan in any Court or tribunal or before any arbitrator, tax authority or other authority in Bangladesh shall be continued by or against the Government of Bangladesh and the Government of Bangladesh shall be deemed to be substituted for the Government of Pakistan or, as the case may be, the Government of East Pakistan as a party to such proceedings. (2) The Government of Bangladesh may, 1at any time before the final hearing of any legal proceedings mentioned in clause(1), submit a written application to the court, tribunal, arbitrator, tax authority or other authority in or before which such legal proceedings are pending stating that the Government of Bangladesh shall not be a party to the proceedings and with effect from the date of submission of such application the Government of Bangladesh shall cease to be a party to such proceedings and, if such proceedings cannot continue in the absence of the Government of Bangladesh, the proceedings shall abate. 2(3) Where any legal proceedings abate under clause (2), no fresh legal proceedings shall be brought on the same cause of action.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 398,
"details": "5. (1) Subject to clause (2), any judgment, decree, order, award or decision passed, made or given by the Supreme Court of Pakistan or by any other court or by any tribunal, arbitrator, tax authority or other authority in Bangladesh in any legal proceedings by or against the erstwhile Government of Pakistan arising out of matters within territories of Bangladesh or the erstwhile Government of East Pakistan, shall be enforceable by or against the Government of Bangladesh. (2) The Government of Bangladesh may submit a written application to the court, tribunal, arbitrator, tax authority or other authority which passed, made or gave, or which is executing, any judgment, decree, order, award or decision stating that the Government of Bangladesh shall not satisfy the decree or award or shall not accept any liability or obligation under the judgment, decree, order, award or decision and with effect from the date of submission of such application the judgment, decree, order, award or decision shall cease to be enforceable against, and binding on, the Government of Bangladesh.",
"name": "",
"related_acts": "",
"section_id": 5
}
],
"text": "WHEREAS it is expedient to provide for the continuance of certain legal proceedings pending by or against the erstwhile Government of Pakistan or the erstwhile Government of East Pakistan and for the enforcement of certain judgments, decrees, orders, awards and decisions passed, made or given in legal proceedings by or against the erstwhile Government of Pakistan or the erstwhile Government of East Pakistan; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 399,
"lower_text": [],
"name": "The Census Order, 1972 (President's Order)",
"num_of_sections": 19,
"published_date": "22nd June, 1972",
"related_act": [
24,
11
],
"repelled": false,
"sections": [
{
"act_id": 399,
"details": "1. (1) This Order may be called the Census Order, 1972. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 399,
"details": "2. In this Order, unless there is anything repugnant in the subject or context- (a)\t“Census Officer” means any person appointed under Article 4; (b)\t“Government” means the Government of the People's Republic of Bangladesh; and (c)\t“Prescribed” means prescribed by rules made under this Order.",
"name": "",
"related_acts": "",
"section_id": 2
},
{
"act_id": 399,
"details": "3. The Government may, from time to time, by notification in the official Gazette, declare that a census for Bangladesh shall be taken during such period as may be specified therein.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 399,
"details": "4. (1) The Government may appoint- (i)\ta Census Commissioner to make plan and to supervise the taking of census throughout Bangladesh; and (ii)\tCensus Officers to take, aid in or supervise the taking of census within any specified area. (2) A declaration in writing signed by any authority authorised in this behalf by the Government that any person has been duly appointed a Census Officer shall be conclusive proof of such appointment.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 399,
"details": "5. (1) If the Deputy Commissioner, or any authority authorised in this behalf by the Government, by an order in writing so directs,- (a) \tevery officer in command of any body of men belonging to naval, military or air force of Bangladesh or of any vessel of war, (b) \tevery person, other than a pilot or harbour-master, having charge or control of a vessel, (c) \tevery person in charge of a lunatic asylum, hospital, workhouse, prison, reformatory or lock-up or of any public charitable, religious or educational institution, (d) \tevery keeper, owner, secretary or manager of any sarai, hotel, boarding-house, lodging house, emigration depot, or club, (e) \tevery manager or officer of a railway, or any commercial or industrial establishment or trading concern, and (f) \tevery occupant of immovable property wherein persons are living at the time of taking census, shall, in relation to the persons who, at the time of the taking of the census, are under his command or charge, or are inmates of his sarai, hotel, house, depot or club or are employed under him or are present on or in such immovable property, perform such duties of a Census Officer as may be required by such order. (2) The provisions of this Order relating to a Census Officer shall, so far as may be apply to a person performing the duties of a Census Officer in pursuance of an order under clause (1). (3) Whoever refuses or neglects to perform the duties which he is directed under clause (1) to perform shall be deemed to have committed an offence under section 187 of the Penal Code (XLV of 1860).",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 399,
"details": "6. The Deputy Commissioner, or any Census Officer appointed under sub-clause (ii) of clause (1) of Article 4 for any local area and authorised by rules in this behalf, may, by order in writing call upon- (a)\towners and occupiers of land, farmers, tenure holders and assignees of land revenues, or their agents; (b)\tmembers of Union or Nagar Panchayat, Shahar Committee, Zilla Board, or Paura Shava, or other local authorities, and officers and servants thereof; (c)\tschool teachers, Government servants and literate persons of good repute for the time being residing in the area concerned; and (d)\tofficers and members of staff of factories, firms or establishments; to work as enumerators, or to perform any other duties of a Census Officer, or to give such assistance as may be specified in the order towards the taking of census of persons who are, at the time of the taking of census, on the lands of such owners, occupiers, farmers, tenure holders or assignees, or in the premises of factories, firms and other establishments, or within the areas which such members represent, or for which such local authorities are established, or as the case may be, in which such members represent, or for which such local authorities are established, or as the case may be, in which such tenders, Government servants or literate persons, officers and members of staff are themselves residing, and the persons to whom an order under this Article is directed shall be legally bound to obey the same.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 399,
"details": "7. (1) The Government may, by notification in the official Gazette, formulate such questionnaire as it thinks fit, and a Census Officer may require any persons within his jurisdiction to give answer to such questionnaire as he may think fit. (2) Any person who is required to give answers to the questionnaire and other relevant questions under clause (1) shall be legally bound to give answers to the best of his knowledge or belief: Provided that a woman shall not be bound to state the name of her husband or deceased husband or any other person whose name she is forbidden by custom to mention.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 399,
"details": "8. Every person occupying any house, enclosure, vessel or other place shall allow the Census Officer such access thereto as, having regard to the customs of the country, they may reasonably require for the purpose of the census and shall allow them to paint on, or affix to, the house, enclosure, vessels or places such letters, marks or numbers as may be necessary for the purpose of the census.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 399,
"details": "9. (1) Subject to any rule made in this behalf, a Census Officer may within the local limits of his jurisdiction leave or cause to be left a Schedule prescribed for the purpose at any dwelling house or with the manager or any officer of any commercial or industrial establishment or trading concern, for the purpose of its being filled up by the occupier of such house or of any specified part thereof, or by such manager or officer with respect to such particulars regarding the inmates of such house or part or the persons employed under such manager or officer during the time of the taking of the census, as may be specified in the Schedule. (2) When a Schedule has been left under clause (1), the occupier, manager or officer concerned shall fill it up or cause it to be filled up as required by that clause to the best of his knowledge or belief, sign his name thereto and deliver it to the Census Officer or to such person as the Census Officer may direct.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 399,
"details": "10. 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 Order or under any other law for any act or omission under this Order which constitute an offence under such other law.",
"name": "",
"related_acts": "24",
"section_id": 10
},
{
"act_id": 399,
"details": "11. Notwithstanding anything contained in any other law for the time being in force, a municipality or other local authority shall, in consultation with officer authorised in this behalf by the Government, cause, during the period specified under Article 3, the census of the municipality or the area within its jurisdiction to be taken wholly or in part in the manner authorised or required by or under this Order and meet all such expenses as prescribed by authority.",
"name": "",
"related_acts": "",
"section_id": 11
},
{
"act_id": 399,
"details": "12. The Census Commissioner or any authority authorised in this behalf by the Government may, at the request of any local authority or person on payment of cost, cause abstracts to be prepared and supplied containing such statistical information as can be derived from the census returns being information which is not contained in any published reports and which, in the opinion of such Commissioner or authority, such local authority or person may reasonably require.",
"name": "",
"related_acts": "",
"section_id": 12
},
{
"act_id": 399,
"details": "13. If any person- (a)\tbeing a Census Officer, or being lawfully required to give assistance towards the taking of census, 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 Order or any rule made thereunder, or hinders or obstructs another person in performing any such duty or in obeying any such order, or (b) \tbeing a Census officer intentionally puts any offensive or improper question or knowingly makes any false return or, without the previous sanction of the Government discloses any information which he has received by means of, or for the purpose of, a census return, or (c) \tintentionally gives a false answer to, or refuses to answer to the best of his knowledge or belief the questionnaire, or other relevant question asked of him by a Census Officer which he is legally bound to answer, or (d) \toccupying any house, premises, vessel or land, refuses to allow a Census Officer such reasonable access thereto as he is required under this Order to allow, or (e) \tremoves, obliterates, alters or damages without proper authority or before the completion of the census any letter, marks or objects which has been painted or affixed for the purpose of the census, he shall be punishable with rigorous imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.",
"name": "",
"related_acts": "",
"section_id": 13
},
{
"act_id": 399,
"details": "14. No prosecution under this Order shall be instituted except with the previous sanction of the Government or of any authority authorised in this behalf by the Government.",
"name": "",
"related_acts": "",
"section_id": 14
},
{
"act_id": 399,
"details": "15. Nothing in this Order shall be deemed to prevent any person from being prosecuted under any other law for any act or omission under this Order which constitutes an offence under such other law: Provided that no such prosecution shall be instituted except with the previous sanction referred to in Article 14.",
"name": "",
"related_acts": "",
"section_id": 15
},
{
"act_id": 399,
"details": "16. No court inferior to that of a Magistrate of the second class shall try an offence under this Order.",
"name": "",
"related_acts": "",
"section_id": 16
},
{
"act_id": 399,
"details": "17. All Census officers, and all persons performing the duties of a Census Officer, or giving assistance towards the taking of the census, while acting in pursuance of an order made under this Order shall be deemed to be public servants within the meaning of section 21 of the Penal Code, 1860 (XLV of 1860).",
"name": "",
"related_acts": "11",
"section_id": 17
},
{
"act_id": 399,
"details": "18. The Government may make rules for carrying out the purposes of this Order.",
"name": "",
"related_acts": "",
"section_id": 18
},
{
"act_id": 399,
"details": "19. The Census Ordinance, 1959 (X of 1959) is hereby repealed.",
"name": "",
"related_acts": "",
"section_id": 19
}
],
"text": "WHEREAS it is expedient to provide for the taking, from time to time, of Census for Bangladesh or any part thereof and for obtaining certain information with respect to the population of Bangladesh; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 400,
"lower_text": [],
"name": "The Government Educational and Training Institutions (Adaptation) Order, 1972 (President's Order)",
"num_of_sections": 11,
"published_date": "24th June, 1972",
"related_act": [
316
],
"repelled": false,
"sections": [
{
"act_id": 400,
"details": "1. (1) This Order may be called the Government Educational and Training Institutions (Adaptation) Order, 1972. (2) It shall come into force at once and shall be deemed to have taken effect on the 16th day of December, 1971.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 400,
"details": "2. In the Government Educational and Training Institutions Ordinance, 1961 (E.P. Ord. No. XXVI of 1961), hereinafter referred to as the said Ordinance in the citation of the Ordinance the words “East Pakistan” shall be omitted and in the long title and the first paragraph of the preamble for the words “East Pakistan” the word “Bangladesh” shall be substituted.",
"name": "",
"related_acts": "316",
"section_id": 2
},
{
"act_id": 400,
"details": "3. In the said Ordinance, in section 1,- (a)\tin sub-section (1), the words “East Pakistan” shall be omitted; (b)\tin sub-section (2), for the words “East Pakistan” the word “Bangladesh” shall be substituted; (c)\tin sub-section (4), the word “Provincial” shall be omitted.",
"name": "",
"related_acts": "",
"section_id": 3
},
{
"act_id": 400,
"details": "4. In the said Ordinance, in section 2, in paragraph (c), the word “Provincial” shall be omitted.",
"name": "",
"related_acts": "",
"section_id": 4
},
{
"act_id": 400,
"details": "5. In the said Ordinance, in section 3, in sub-section (1), the word “Provincial” shall be omitted.",
"name": "",
"related_acts": "",
"section_id": 5
},
{
"act_id": 400,
"details": "6. In the said Ordinance, in section 4,- (a)\tin sub-section (1), for the words “the Governor of East Pakistan” the words “the President of Bangladesh” shall be substituted and for the words “Governor” the word “President” shall be substituted. (b)\tin sub-section (2), for the words “the Governor of East Pakistan” the words “President of Bangladesh” shall be substituted.",
"name": "",
"related_acts": "",
"section_id": 6
},
{
"act_id": 400,
"details": "7. In the said Ordinance, in section 5, for the words “the Governor of East Pakistan” the words “President of Bangladesh” shall be substituted.",
"name": "",
"related_acts": "",
"section_id": 7
},
{
"act_id": 400,
"details": "8. In the said Ordinance, in section 7, the word “Provincial” appearing in the proviso to paragraph (b) and also in paragraphs (c) and (f) shall be omitted.",
"name": "",
"related_acts": "",
"section_id": 8
},
{
"act_id": 400,
"details": "9. In the said Ordinance, in section 8, for the word “Province” the word “State” shall be substituted and the word “Provincial” appearing in other portions of the said section shall be omitted.",
"name": "",
"related_acts": "",
"section_id": 9
},
{
"act_id": 400,
"details": "10. In the said Ordinance, in sections 9, 10, 12, 13, 14, 15 and 18, the word “Provincial” wherever it occurs shall be omitted.",
"name": "",
"related_acts": "",
"section_id": 10
},
{
"act_id": 400,
"details": "11. In the said Ordinance, in section 15, the word “Pakistan” shall be omitted.",
"name": "",
"related_acts": "",
"section_id": 11
}
],
"text": "WHEREAS it is expedient to adapt the Government Educational and Training Institutions Ordinance, 1961 (E. P. Ord. No. XXVI of 1961) in Bangladesh; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh read with the Provisional Constitution of Bangladesh Order, 1972 and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |
{
"id": 401,
"lower_text": [],
"name": "The Bangladesh (Budgetary Provisions) Order, 1972 (President's Order)",
"num_of_sections": 2,
"published_date": "29th June, 1972",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 401,
"details": "1. (1) This Order may be called the Bangladesh (Budgetary Provisions) Order, 1972. (2) It shall come into force at once.",
"name": "",
"related_acts": "",
"section_id": 1
},
{
"act_id": 401,
"details": "2. (1) The President shall, in respect of a financial year, cause to be prepared before the commencement of that year an Annual Budget Statement specifying the estimated receipts into, and the estimated expenditure from, the Consolidated Fund and may cause to be prepared Supplementary Budget Statements and Excess Budget Statements as and when required. (2) Notwithstanding anything contained in the preceding Article, the President shall cause an Annual Budget Statement to be prepared in relation to the affairs of the Government of Bangladesh in respect of the period commencing from the 16th day of December, 1971 and ending on the 30th day of June, 1972 and shall authenticate the same by signature on or before the 30th day of June, 1972. (3) The President shall cause to be prepared a Schedule of the estimated expenditure from the Consolidated Fund and shall, by his signature, authenticate the schedule which shall be called the Schedule of Authorised Expenditure. (4) The Schedule of Authorised Expenditure, as authenticated by the President, shall be the authority for withdrawal of moneys from the Consolidated Fund.",
"name": "",
"related_acts": "",
"section_id": 2
}
],
"text": "WHEREAS it is expedient to make provisions for authentication of the schedule of authorised expenditure; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-"
} |