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Computational Intelligence and Operations Laboratory (CIOL) 2

{ "id": 402, "lower_text": [ "1 Clauses (2) and (3) were substituted by Section 2 of National Board of Revenue (Amendment) Act, 2009 (Act. No. XII of 2009)(with effect from 21st April, 1979)." ], "name": "The National Board of Revenue Order, 1972 (President's Order)", "num_of_sections": 6, "published_date": "30th June, 1972", "related_act": [], "repelled": false, "sections": [ { "act_id": 402, "details": "1. (1) This Order may be called the National Board of Revenue 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": 402, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a)\t“Board” means National Board of Revenue constituted under the provision of this Order; (b) “Government” means Government of the People's Republic of Bangladesh.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 402, "details": "3. (1) As soon as may be after the commencement of this Order, the Government shall constitute a Board to be called the National Board of Revenue. 1(2) \tThe Board shall consist of a Chairman and such number of members as may be appointed by the Government. (3) \tThe Government shall appoint a Secretary to the Government to be the Chairman of the Board. (4) The Board shall subject to the control of the Government exercise such powers and perform such duties as may be entrusted to it by the Government or by or under any law. (5) Without prejudice to the provision of clause (4), the Board shall exercise all the powers and perform all the duties which, immediately before the commencement of this Order, were being performed by the Central Board of Revenue constituted under the Central Board of Revenue Act, 1924 (Act IV of 1924), by any Government of by or under any law.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 402, "details": "4. (1) The Government may make rules for the purpose of regulating the transaction of business by the Board, and every order made or act done in accordance with such rules shall be deemed to be the order or act, as the case may be, of the National Board of Revenue. (2) Any rules under clause (1) may be made so as to be retrospective from any date not earlier than the commencement of this Order and such rules may also validate any acts done or orders made by, or any proceedings of the National Board of Revenue or its Chairman or any of its Members or Officers before the making of such rules which, if done, made or taken after the commencement of those rules, would not be inconsistent therewith. (3) No act, order or proceeding validated under clause (2) shall be called in question merely on the ground that such act, order or proceeding was not valid at the time when it was done, made or taken.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 402, "details": "5. (1) The Central Board of Revenue Act, 1924 (Act No. IV of 1924) is hereby repealed. (2) The Bangladesh (Adaptation of Central Board of Revenue Act) Order, 1972 (Acting President's Order No. 4 of 1972) is hereby repealed.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 402, "details": "6. Notwithstanding the repeal of the Central Board of Revenue Act, 1924 (Act No. IV of 1924) hereinafter referred to as the said Act,- (a)\tany rule, regulation, order or appointment made by any Government under the said Act before the commencement of this Order so far they apply to Bangladesh shall be deemed to have been made by the Government and shall continue in force as if made under the provision of this Order; (b)\tany regulation, bye law, order or appointment made, any notification issued, any notice given, anything done or any action taken by the Central Board of Revenue constituted under the said Act, before the commencement of this Order in so far as they apply to Bangladesh shall be deemed to have been made, issued, given, done or taken, as the case may be, by the National Board of Revenue and shall continue in force until altered, amended or rescinded; (c)\tall proceedings which, immediately before the commencement of this Order, were pending in the Central Board of Revenue constituted under the said Act in so far as they apply to Bangladesh shall be deemed to be proceedings pending before the National Board of Revenue and shall be continued, heard and determined by, the National Board of Revenue as if they had been proceedings in the National Board of Revenue; and (d)\tany order or decision made or given by the Central Board of Revenue before the commencement of this Order in so far as they apply to Bangladesh shall be enforceable and shall have effect as if it were an order or decision made or given by the National Board of Revenue.", "name": "", "related_acts": "", "section_id": 6 } ], "text": "WHEREAS it is expedient to provide for the constitution of a National Board of Revenue in Bangladesh and for matters 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": 403, "lower_text": [], "name": "The Finance Order, 1972 (President's Order)", "num_of_sections": 27, "published_date": "30th June, 1972", "related_act": [ 98, 236, 269, 206, 156 ], "repelled": false, "sections": [ { "act_id": 403, "details": "1. (1) This Order may be called the Finance Order, 1972. (2) It extends to the whole of Bangladesh. (3) Except as otherwise provided in this Order, this Article and Articles 2 and 3, clause (11) of Article 4 shall come into force at once and other Articles shall be deemed to have come into force on the first day of July, 1972.", "name": "Short title", "related_acts": "", "section_id": 1 }, { "act_id": 403, "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": 403, "details": "3. The following amendment shall be made in the Central Excises and Salt Act, 1944 (Act I of 1944), namely:- (1)\tExcept where the context otherwise requires, references to “Pakistan”, “Central Government”, “Provincial Government”, “Central Board of Revenue” and “Central Excise Officer” wherever occurring in the said Act shall be replaced by references to “Bangladesh”, “Government of Bangladesh”, “Government of Bangladesh”, National Board of Revenue” and “National Excise Officer” respectively. (2) \tFor the First Schedule, the schedule set out in the Second Schedule to this Order shall be substituted.", "name": "Amendments of Act I of 1944", "related_acts": "206", "section_id": 3 }, { "act_id": 403, "details": "4. The following amendments shall be made in the Income-tax Act, 1922 (XI of 1922), namely:-  (1) Throughout the Act, for the words “Central Board of Revenue” the words “National Board of Revenue” shall be substituted and shall be deemed to have been so substitute on the sixteenth day of December, 1971;  (2) in section 2,-  (a) for clause (4B) the following shall be substituted, namely:-  “(4B). “the National Board of Revenue” means the National Board of Revenue constituted under the National Board of Revenue Order, 1972”; and  (b) in clause (6A), in the second proviso for the words, figures and letters “Section 12 or section 15BB” the words and figure “or section 12” shall be substituted;  (3) in section 4,-  (a) in sub-section (1), in Explanation 3, the words and figures “or section 15BB” shall be omitted; and  (b) in sub-section (3),-  (i) clause (XV) shall be omitted;  (ii) for clause (xvii) the following shall be substituted, namely:-  “(xvii) Any income, not exceeding taka five thousand, chargeable under the head 'interest on securities' received by an assessee, being an individual, from interest on any securities of the Government”; and  (iii) in clause (xviii), in the proviso, the words, brackets and figure “clause (xv) and” shall be omitted;  (4) in section 5A, in sub-section (4), the word “ordinarily” shall be omitted;  (5) in section 7, in sub-section (1), in the fourth proviso, for the words “three hundred and sixty” the words “six hundred” and for the words “two hundred and forty” the words “three hundred and sixty” shall be substituted;  (6) in section 10,-  (1) in sub-section (2),-  (a) in clause (iii), the second proviso shall be omitted; and  (b) in clause (va), in Explanation, for paragraph (1) the following shall be substituted, namely:-  “(1) “specified year“ means the year immediately following the year in which industrial undertaking was set-up; and”; and  (2) in sub-section (9), the proviso shall be omitted;  (7) section 15BB shall be omitted;  (8) in section 15D, in sub-section (1), in the second proviso, the words and commas “not being a donation to the Quaid-E-Azam Memorial Fund,” shall be omitted;  (9) in section 15H, for the word “one” the word “two” shall be substituted';  (10) in section 30, in sub-section (1), for the existing third proviso the following shall be substituted and shall be deemed to have been so substituted on the first day of July, 1971, namely:  “Provided further that no appeal shall be filed under this section in respect of any order in any case where the said order has been passed by an Inspecting Assistant Commissioner of Income-tax exercising the powers conferred on an Income-tax Officer under sub-section (5) of section 5,”;  (11) in section 34, in sub-section (2), in the proviso in clause (1),  (a) in sub-clause (b), the word “and” appearing after the semi-colon shall be omitted;  (b) in sub-clause (c), after the semi-colon the word “and” shall be substituted.”  (c) after the sub-clause (c), amended as aforesaid, the following new sub-clause (d) shall be added, namely:-  “(d) in relation to the income, profits or gains which were first assessable in the year 1967-68, the words “five years” were substituted”.;  (12) in section 66, in sub-section (1), the words “in the prescribed form” shall be omitted and shall be deemed to have been so omitted on the 1st day of July, 1971 and for the word “rupees” the word “taka” shall be substituted; and  (13) in the Third Schedule, Rule 6 shall be omitted.", "name": "Amendment of Act XI of 1922", "related_acts": "", "section_id": 4 }, { "act_id": 403, "details": "5. The following amendments shall be made in the Estate Duty Act, 1950 (X of 1950), namely:- (1) Throughout the Act, for the words “Central Board of Revenue” the words “National Board of Revenue” shall be substituted and shall be deemed to have been so substituted on the sixteenth day of December, 1971; (2)\tin section 2, in clause (3), for the words, figure and commas “Central Board of Revenue constituted under the Central Board of Revenue Act, 1924,” the words, figure and commas “National Board of Revenue constituted under the National Board of Revenue Order, 1972,” shall be substituted; and (3) in section 59A, in sub-section (1), the words “in the prescribed form” shall be omitted and shall be deemed to have been so omitted on the 1st day of July, 1971.", "name": "Amendment of Act X of 1950", "related_acts": "", "section_id": 5 }, { "act_id": 403, "details": "6. The following amendments shall be made in the Sales-tax Act, 1951 (III of 1951), namely:- (1) Throughout the Act, for the words “Central Board of Revenue” the words “National Board of Revenue” shall be substituted and shall be deemed to have been so substituted on the sixteenth day of December, 1971; (2) in section 2, for clause (3a) the following shall be substituted, namely:- “(3a) “Board” means the National Board of Revenue constituted under the National Board of Revenue Order, 1972”; and (3) \tin section 17, in sub-section (1), the words “in the prescribed form” shall be omitted and shall be deemed to have been so omitted on the 1st day of July, 1971.", "name": "Amendment of Act III of 1951", "related_acts": "", "section_id": 6 }, { "act_id": 403, "details": "7. The following amendments shall be made in the Gift Tax Act, 1963 (XIV of 1963), namely:- (1) \tThroughout the Act, for the words “Central Board of Revenue” the words “National Board of Revenue” shall be substituted and shall be deemed to have been so substituted on the sixteenth day of December, 1971; (2) \tin section 2, for clause (v) the following shall be substituted, namely:- “(v) \t“Board” means the National Board of Revenue constituted under the National Board of Revenue Order, 1972”; and (3) \tin section 26, in sub-section (1), the words “in the prescribed form” shall be omitted.", "name": "Amendment of Act XIV of 1963", "related_acts": "", "section_id": 7 }, { "act_id": 403, "details": "8. The following amendments shall be made in the Wealth Tax Act, 1963 (XV of 1963), namely:- (1) \tThroughout the Act, for the words “Central Board of Revenue” the words “National Board of Revenue” shall be substituted and shall be deemed to have been so substituted on the sixteenth day of December, 1971; (2) \tin section 2, for clause (f) the following shall be substituted, namely:- “(f) “Board” means the National Board of Revenue constituted under the National Board of Revenue Order, 1972”; and (3) \tin section 27, in sub-section (1), the words “in the prescribed form” shall be omitted.", "name": "Amendment of Act XV of 1963", "related_acts": "", "section_id": 8 }, { "act_id": 403, "details": "9. (1) Subject to the provisions of subsections (2), (3), (4), and (5) in making any assessment for the year beginning on the first day of July, 1972- (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) In making any assessment for the year beginning on the first day of July, 1972,- (a) \tWhere the total income of an assessee, not being a company, includes any income chargeable under the head “salaries” or any income chargeable under the head “interest securities”, the income-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 income-tax payable according to the rates applicable under the operation of the Finance (1971-72) Order, 1972, on his total income the same proportion as the amount of such inclusion bears to his total income; (b) \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; and (c) \tWhere the total income of an assessee, not being a company, include 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 which 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 of 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. (3) In making any assessment for the year beginning on the first day of July, 1972, 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, 1972, where the total income of an assessee, not being a company, to which the proviso to sub-paragraph (i) 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 Bangladesh, 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 an amount computed in the manner specified hereunder:- Amount (i) Where the goods exported abroad had not been manufactured by the assessee who exported them. .. 15 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. .. Plus 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. .. Minus 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 assessee who had exported them : .. (a) Where the export sales do not exceed 10 per cent of the total sales. .. Nil. (b) Where the export sales exceed 10 per cent but do not exceed 20 per cent of the total sales. .. 15 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. .. 20 per cent of the income-tax and super-tax, if any, attributable to export sales. (d) Where the export sales exceed 30 per cent of the total sales. 25 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; (b) Nothing contained in clause (a) shall apply in respect of the following goods or class or goods, namely : (i) tea, (ii) raw cotton, (iii) raw jute, (iv) jute manufacture, (v) such other goods as may be notified by the National Board of Revenue from time to time; (c) The National Board of Revenue may make rules providing for the computation of profits and the tax attributable to export sales and for such other matters as may be necessary to give effect to the provisions of this sub-section. (5) In cases 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, 1972 and ending on the thirtieth day of June, 1973. (7) For 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 provisions of the Income-tax Act, 1922 (XI of 1922); and the expression “public company” means a company- (i) in which not less than fifty per cent of the shares are held by the Government, or (ii) whose shares were the subject of dealings in a registered stock exchange in the taxable territories at any time during the previous year and remained listed on the stock exchange till the close of that year. ..", "name": "Income Tax and Super Tax", "related_acts": "", "section_id": 9 }, { "act_id": 403, "details": "10. Surcharge under the Income Tax Act, 1922 (XI of 1922), shall be charged as respects any assessment for the year beginning on the first day of July, 1972, at the rate of ten per cent of the income-tax and super-tax payable by an assessee, not being a company, having total income, profits or gains exceeding Taka thirty-six thousand provided that the surcharge payable shall in no case exceed the amount by which the total income, profits or gains exceed Taka thirty-six thousand.", "name": "Surcharge under the Income Tax Act, 1922 (XI of 1922)", "related_acts": "", "section_id": 10 }, { "act_id": 403, "details": "11. Notwithstanding any exemption from payment of income-tax and super-tax granted to or any rights or privileges acquired by an industrial undertaking under section 15BB, since omitted under this Order, of the Income Tax Act, 1922 (XI of 1922), as respects any income, profits and gains of any previous year ending on any day after the thirtieth day of June, 1971 and of any previous year thereafter, such exemption, rights or privileges shall stand withdrawn or cancelled, as the case may be.", "name": "Withdrawal of exemption of unexpired period of Tax holiday under the Income Tax Act, 1922 (XI of 1922)", "related_acts": "", "section_id": 11 }, { "act_id": 403, "details": "12. (1) During the period from the 1st day of July, 1972, to the 30th day of June, 1973 (both days inclusive), there shall be levied and collected a toll on every mechanically propelled vessel registered under the Inland Mechanically Propelled Vessels Act, 1917 (I of 1917), plying on inland waters at the rate specified below, namely:- Description of vessels. Rate of Toll. (a) Vessels for carrying passengers for hire On the maximum registered passenger carrying capacity at the rate of Taka ten per passenger. (b) Vessels for carrying cargo Taka two per ton on the maximum registered cargo carrying capacity. (c) Other vessels and crafts Taka ten per brake horse power or fraction thereof: Provided that if a vessel remains idle for breakdown of engine or otherwise for a continuous period exceeding three months in the year, toll payable shall be reduced in such proportion as the period or the aggregate of such periods for which the vessel remained idle bears to the year for which the toll is payable, subject to the condition that the owner of the vessel shall give a notice to the Assessing Officer within 15 days from the first day the vessel remained idle, failing which he shall not be entitled to any relief on account of the idle period: Provided further that the vessels owned by Government shall be exempt from payment of toll under this clause. Explanation I- Vessels carrying both passengers and cargo shall be charged on the total of the maximum registered carrying capacity of passengers and cargo at the rate specified in sub-clauses (a) and (b). Explanation II- For the purpose of sub-clause (c) one nominal horse power will be calculated as equivalent to 5.65 brake horse power. Explanation III- Where there are more than one maximum registered passenger carrying capacity, the maximum registered passengers carrying capacity shall mean the highest one. (2) The toll shall be payable by the owner or charterer of the vessel. (3) The Government may make rules regulating the procedure for the assessment, collection and payment of the toll and other matters incidental to its levy. Explanation - In this Article and in Article 13 and 16 \"mechanically propelled vessel\" and \"inland water\" have the same meaning as in the Inland Mechanically Propelled Vessels Act, 1917 (I of 1917).", "name": "Toll on Vessels Plying on Inland Waters", "related_acts": "", "section_id": 12 }, { "act_id": 403, "details": "13. (1) During the period from that 1st day of July, 1972, to the 30th day of June, 1973 (both days inclusive), there shall be levied and collected on fares and freights charged for transport by mechanically propelled vessels registered under the Inland Mechanically Propelled Vessels Act, 1917 (I of 1917), plying on inland waters, a toll according to the scale specified in the Fourth Schedule to this Order. (2) The toll shall be collected by the owner of the charterer of the vessel and paid to the Government. (3) The Government may make rules regulating the procedure for the assessment, collection and payment of the toll and any other matter incidental to its levy.", "name": "Toll on Fares and Freights on Traffic Inland Vessels", "related_acts": "", "section_id": 13 }, { "act_id": 403, "details": "14. (1) Notwithstanding anything contained in the Bengal Motor Vehicles Tax Act, 1932 (I of 1932), during the period from the 1st day of July, 1972, to the 30th day of June, 1973 (both days inclusive), there shall be levied and collected a toll on every motor vehicle carrying goods by road on freights according to the rate specified below, namely:- Amount Description of motor vehicles. Rate of toll. (i) Motor vehicles of registered goods carrying capacity not exceeding 3 tons. Taka 100 annually. (ii) Motor vehicles of registered goods carrying capacity exceeding 3 tons but not exceeding 5 tons. Taka 200 annually. (iii) Motor vehicles of any registered goods carrying capacity exceeding 5 tons. Taka 300 annually. Explanation - For the purpose of levying the toll, less than half of a ton shall be ignored and half of a ton or above shall be treated as one ton. (2) The toll shall be payable by the owner of the motor vehicle. (3) The Government may make rules regulating the procedure for the assessment, collection and payment of the toll and any other matter incidental to its levy.", "name": "Toll no motor vehicles carrying goods by road on freights", "related_acts": "156", "section_id": 14 }, { "act_id": 403, "details": "15. (1) Notwithstanding anything contained in the Bengal Motor Vehicles Tax Act, 1932 (I of 1932), during the period from the 1st day of July, 1972, to the 30th day of June, 1973 (both days inclusive), there shall be levied and collected a toll on motor vehicles carrying goods by road, other than on freights, at the rate of Taka twenty-five per annum per ton of registered goods carrying capacity or fraction thereof: Provided that the motor vehicles owned by the Government shall be exempt from payment of toll under this clause. Explanation - For the purpose of levying the toll, less than half of a ton shall be ignored and half of a ton or above shall be treated as one ton. (2) The toll shall be payable by the owner of the motor vehicle. (3) The Government may make rules regulating the procedure for the assessment, collection and payment of the toll and any other matter incidental to its levy.", "name": "Toll on motor vehicles carrying goods by road other than on freights", "related_acts": "156", "section_id": 15 }, { "act_id": 403, "details": "16. Notwithstanding anything contained in the Inland Mechanically Propelled Vessels Act, 1917 (I of 1917), or the Motor Vehicles Act, 1939 (IV of 1939), an application for the renewal of a certificate of survey in the case of a mechanically propelled vessel or for the renewal of a certificate of fitness in the case of a motor vehicle shall not be allowed unless it is accompanied by a certificate in the prescribed manner to the effect that no arrear toll in respect of any such mechanically propelled vessel or motor vehicle is due under this Order.", "name": "Bar to renewal of certificate of survey and certificate of fitness", "related_acts": "", "section_id": 16 }, { "act_id": 403, "details": "17. In the East Bengal Finance Act, 1950 (XVI of 1950), in section 3, for sub-section (1), the following shall be substituted, namely:- “(1) As from the first day of July, 1972, there shall be levied and collected by the Government from the following classes of persons a tax for each financial year at the rate shown against each in addition to any tax, rate, duty or fee which they may be liable to pay under any other enactment for the time being in force, namely:- (a) Companies, not being registered co-operative societies, transacting business anywhere in Bangladesh- Rates (i) Where the paid-up capital exceeds Taka 1,00,000 but does not exceed Taka 5,00,000. Taka 500 (ii) Where the paid-up capital exceeds Taka 5,00,000 but does not exceed Taka 10,00,000. Taka 1,000 (iii) Where the paid-up capital exceeds Taka 10,00,000. Taka 1,000 plus Taka 250 for every Taka 5,00,000 or fraction thereof in excess of Taka 10,00,000. Explanation - The expression \"company\" as used in this clause means a company as defined in the Companies Act, 1913 (VII of 1913). (b) Persons owing factories situated anywhere in Bangladesh- Rates. (i) Where the number of workers employed in the factory exceeds 30 but does not exceed 50. (ii) Where the number of workers employed in the factory exceeds 50 but does not exceed 70. (iii) Where the number of workers employed in the factory exceeds 70 but does not exceed 100. (iv) Where the number of workers employed in the factory exceeds 100. Taka 500 Taka 1,000 Taka 1,500 Taka 2,500 Explanation - The expression \"factory\" and \"worker\", as used in this clause mean \"factory\" and \"worker\" as defined in the East Pakistan Factories Act, 1965 (IV of 1965). (c) Medical practitioners registered to practice in allopathic, homeopathic, unani or ayurvedic system of medicine, income-tax practitioners and legal practitioners, of not less than two years standing-Taka 50. (d) Persons holding licences under the Imports and Exports (Control) Act, 1950 (XXX of 1950), clearing agents licensed or approved as custom house agents, engineering or architectural consultants, contractors supplying goods, commodities and services to Government or local bodies-Taka 50. (e) Persons doing any business of sale of goods and services in hired, self-owned, allotted or assigned premises in municipal areas or such other areas as the Government may, be notification in the official Gazette, specify-Taka 50 : Provided that no tax shall be leviable where the annual rental or rental value of the business premises does not exceed Taka 600. (f) Persons not liable to tax under clauses (a) , (b), (c), (d), or (e) who in the preceding financial year were assessed to income-tax under the Income-tax Act, 1922 (XI of 1922), in respect of earnings of or income from any profession, trade, calling or employment as the case may be, pursued either wholly or in part within Bangladesh or who in the preceding financial year were assessed to agricultural income-tax under the Bengal Agricultural Income Tax Act, 1944 (IV of 1944)-Taka 50 : Provided that where a person is liable to tax under more than one clause he shall be assessed to tax at the rate which is the highest under any of the clauses.\"", "name": "Amendment of section 3 of East Bengal Act XVI of 1950", "related_acts": "236", "section_id": 17 }, { "act_id": 403, "details": "18. (1) In the East Pakistan Finance Act, 1957 (X of 1957), in section 2, in sub-section (1) for the word “five” the word “ten” shall be substituted. (2) During the period from the 1st day of July, 1972, to the 30th day of June, 1973 (both days inclusive), section 6 of the East Pakistan Finance Act, 1957 (X of 1957), shall have effect as if in sub-section (1) of the said section 6 for the word and figure “annas 2” the word and figures “Taka 2.00” were substituted.", "name": "Amendment of East Pakistan Act X of 1957", "related_acts": "269,269", "section_id": 18 }, { "act_id": 403, "details": "19. The rules made under the provisions of the East Pakistan Finance Act, 1957 (X of 1957), shall, so far as they are not inconsistent with the provisions of this Order, be deemed to be rules under the corresponding provisions of this Order.", "name": "Continuance of rules framed under the East Pakistan Finance Act, 1957 (X of 1957)", "related_acts": "269", "section_id": 19 }, { "act_id": 403, "details": "20. In the East Pakistan Urban Immovable Property Tax Act, 1957 (XI of 1957)- (1) \tSub-section (2) of section 3 of the East Pakistan Urban Immovable Property Tax Act, 1957 (XI of 1957), shall be deleted and sub-section (1) of that section shall be renumbered as section 3. (2) in section 6, after clause (e), the following shall be inserted as clause (f), namely:- “(f)\tPower houses and lands on which they are situate vesting in or belonging to the Bangladesh Water and Power Development Authority;” (3) \tthe existing clauses “(f)” and “(g)” shall be renumbered as clauses “(g)” and “(h)” respectively; (4) \tin section 6, in clause (h) as so renumbered for the word and figures “Rs. 1,000” the word and figures “Taka 1,500” shall be substituted; (5) \tAfter section 6, the following new section 6A shall be inserted, namely:- “6A. General Power of Exemption-The Government may, by notification in the official Gazette, exempt, either wholly or in part, from the payment of any tax imposed under the Act, any person or class of persons or any property or class of property”; and (6) \tFor the Schedule to the Act, the following shall be substituted, namely:- “THE SCHEDULE Vide Section 3 Rate of tax (a) On the first Taka 1,000 of the annual value. Nil. (b) On the next Taka 2,000 of the annual value. 3 per centum. (c) On the next Taka 2,000 of the annual value. 5 per centum. (d) On the next Taka 3,000 of the annual value. 7½ per centum. (e) On the balance of the total annual value. 10 per centum.”", "name": "Amendment of the East Pakistan Urban Immovable Property Tax Act, 1957 (XI or 1957)", "related_acts": "", "section_id": 20 }, { "act_id": 403, "details": "21. In the East Pakistan Finance Act, 1966 (III of 1966), in section 5, for sub-section (3), the following shall be substituted, namely:- “(3) The tax shall be levied according to the scale specified below:- Amount of capital gain. Rate of tax. For the first Taka 3,000 ... ... Nil For the next Taka 2,000 ... ... 5% For the next Taka 5,000 ... ... 7% For the next Taka 10,000 ... ... 9% For the next Taka 10,000 ... ... 12% For the next Taka 20,000 ... ... 15% For the next Taka 20,000 ... ... 20% For the balance  ... ... ... 30%", "name": "Amendment of the East Pakistan Finance Act, 1966 \t(III of 1966)", "related_acts": "", "section_id": 21 }, { "act_id": 403, "details": "22. 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": 22 }, { "act_id": 403, "details": "23. 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": 23 }, { "act_id": 403, "details": "24. 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 Courts", "related_acts": "", "section_id": 24 }, { "act_id": 403, "details": "25. 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": 25 }, { "act_id": 403, "details": "26. (1) Section 6 of the East Pakistan Finance Act, 1966 (III of 1966), providing for levy of tax on hotels, in 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 section shall continue in force.", "name": "Repeal and savings", "related_acts": "", "section_id": 26 }, { "act_id": 403, "details": "27. (1) Articles 12, 13, 15, 16, 17, 19, 20, 21, 22, and 23 of the Finance (1971-72) Order, 1972 (President's Order No. 52 of 1972), 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 Order 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": "Repeal and savings", "related_acts": "", "section_id": 27 } ], "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 hereinafter 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": 404, "lower_text": [], "name": "The Printing Corporation (Vesting) Order, 1972 (President's Order)", "num_of_sections": 5, "published_date": "17th July, 1972", "related_act": [], "repelled": false, "sections": [ { "act_id": 404, "details": "1. (1) This Order may be called the Printing Corporation (Vesting) Order, 1972. (2) It shall come into force at once.", "name": "", "related_acts": "", "section_id": 1 }, { "act_id": 404, "details": "2. In this Order, unless the context otherwise requires,-  (a) “Government” means the Government of the People's Republic of Bangladesh;  (b) “Printing Corporation” means the undertaking in Bangladesh of the Printing Corporation of Pakistan Limited registered as a Public Limited Company under the Companies Act, 1913 (Act VII of 1913);  (c) “Undertaking” includes any business, asset, right, power, authority and privilege, and any property movable and immovable, including land, building, press, machinery, cash or bank balance, reserve fund, investments, and any other right or interest in, or arising out of, such property and any book of accounts, register, record and any other document of whatever nature relating thereto.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 404, "details": "3. Notwithstanding anything contained in any other law for the time being in force or in any memorandum or articles of association, or in any contract or agreement, or in any deed or other instrument, on the commencement of this Order,- (a) \tthe entire undertaking of the Printing Corporation shall stand transferred to, and vest in, the Government; (b)\tall debts and liabilities incurred, all obligations undertaken, all contracts entered into and all agreements made, by or with the Printing Corporation 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 Government; (c)\tall suits and other legal proceedings instituted by or against the Printing Corporation in Bangladesh before the commencement of this Order shall, unless the Government otherwise directs, be deemed to have been instituted by or against the Government and may be continued or proceeded with accordingly; (d)\tall officers and other employees of the Printing Corporation shall stand transferred to the Government on such terms and conditions as the Government may determine: Provided that an officer or other employee so transferred shall have the option not to continue in the service of the Government.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 404, "details": "4. The Government may, for the purpose of removing any difficulty arising out of, or in connection with, or in relation to the transfer of the undertaking of the Printing Corporation under Article 3, 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": 4 }, { "act_id": 404, "details": "5. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Order", "name": "", "related_acts": "", "section_id": 5 } ], "text": "WHEREAS it is expedient in the public interest to provide for the taking over by the Government of the undertaking of the Printing Corporation of Pakistan Limited in Bangladesh 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": 405, "lower_text": [ "1 The words “two Taka” were substituted for the words “one Taka” by section 2 of the Bangladesh Coinage (Amendment) Act, 1989 (Act No. III of 1989)", "2 The word “five” was substituted for the word “two” by section 2 of Bangladesh Coinage (Amendment) Act, 2015 (Act No. XXI of 2015).", "3 Article 5 was substituted by section 3 of the Bangladesh Coinage (Amendment) Act, 1989 (Act No. III of 1989)", "4 The words “five Taka coins” were inserted before the words “two Taka” by section 3 of Bangladesh Coinage (Amendment) Act, 2015 (Act No. XXI of 2015).", "5 Clause (2) was omitted by section 4 of the Bangladesh Coinage (Amendment) Act, 1989 (Act No. III of 1989)", "6 Clause (1) was substituted by section 5 of the Bangladesh Coinage (Amendment) Act, 1989 (Act No. III of 1989)", "7 The words and comma “Taka, and poisha shall be construed as reference to that value expressed in Taka” were substituted for the words and comma “rupee, and poisha shall be construed as reference to that value expressed in new Taka ” by section 5 of the Bangladesh Coinage (Amendment) Act, 1989 (Act No. III of 1989)" ], "name": "The Bangladesh Coinage Order, 1972 (President's Order)", "num_of_sections": 18, "published_date": "24th July, 1972", "related_act": [], "repelled": false, "sections": [ { "act_id": 405, "details": "1. (1) This Order may be called the Bangladesh Coinage 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": 405, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a)\t“deface” with its grammatical variations and cognate expressions, includes clipping, filling, stamping or such other alteration of the surface or shape of a coin as is readily distinguishable from the effects of reasonable wear; (b) \t“Government” means the Government of the People's Republic of Bangladesh; (c) \t“the Mint” means any Mint which may hereafter be established in Bangladesh; (d) \t“prescribed” means prescribed by rules made under this Order; (e)\t“remedy” means variation from the standard weight and fineness; and (f)\t“Standard weight” means the weight prescribed for any coin.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 405, "details": "3. The Government may by notification in the official Gazette,ÔÇö (a) \testablish a Mint at any place within Bangladesh, (b) \tabolish any Mint which may hereafter be established.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 405, "details": "4. Coins may be coined at the Mint which may hereafter be established in Bangladesh or at any Mint of any other country for issue under the authority of the Government of such denominations not higher than 12five Taka, of such dimension and designs, and of such metals or of mixed metals of such composition as the Government may, by notification in the official Gazette, determine.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 405, "details": "35. The 4five Taka coins, two Taka coins, one Taka coins, fifty poisha coins, twenty five poisha coins, ten poisha coins, five poisha coins, two poisha coins and one poisha coins issued under the authority of the Government shall be current in Bangladesh until such time as they are called in by the Government by notification in the official Gazette.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 405, "details": "6. The standard weight of the coins of any denomination coined under the provisions of Article 4, and the remedy allowed in the making of such coins shall be such as may be prescribed in this behalf by the Government.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 405, "details": "7. (1) The coins issued under the authority of Article 4 shall be a legal tender in payment or on account,- (a)\tin the case of a Taka coin, for any sum; (b) \tin the case of a fifty paisa coin, for any sum not exceeding ten Taka; and (c)\tin the case of any other coin, for any sum not exceeding one Taka: Provided that the coin has not been defaced and has not lost weight so as to be less than such weight as may be prescribed in its case. 5* * *", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 405, "details": "8. Notwithstanding anything contained in Article 5, the Government may by notification in the official Gazette, call in, with effect from such date as may be specified in the notification any coin, of whatever date or denomination, referred to in that Article, and on and from the date so specified such coin shall cease to be a legal tender save to such extent as may be specified in the notification.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 405, "details": "9. 6(1) The Taka, which is the standard monetary unit in Bangladesh, shall be divided into one hundred units and the coin representing such unit shall be called poisha and shall, subject to the provision of clause (1) of Article 7, and to the extent specified therein, be legal tender in payment or on account accordingly. (2) All references in any enactment or any notification, rule or order under any enactment or in any contract, deed or other instrument, to any value expressed in 7Taka, and poisha shall be construed as reference to that value expressed in Taka and poisha coins referred to in clause (1) and the Government may by notification in the official Gazette specify any symbol or abbreviation as it may deem fit for making any written reference to their value in words or in figures.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 405, "details": "10. Where any silver coin issued under the authority of the Government is tendered to any person authorised by the Government to act under this Article and such person has reason to believe that the coin,ÔÇö (a)\thas been diminished in weight so as to be more than such percentage below standard weight as may be prescribed as the unit of reasonable wear, or (b) \thas been defaced, he shall, by himself or another, cut or break the coin.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 405, "details": "11. A person cutting or breaking the coin under the provision of clause (a) of Article 10 shall observe the following procedure, namely:- (a)\tif the coin has been diminished in weight so to be more than such percentage below standard weight as may be prescribed as the limit of reasonable wear, but not more than such further percentage as may be prescribed in this behalf, he shall either return the pieces to the person tendering the coin, or, if the person so requests, shall receive and pay for the coin at such rates as may be prescribed in this behalf; and (b)\tif the coin has been diminished in weight so as to be more than such further percentage below standard weight so prescribed as aforesaid, he shall return the pieces to the person tendering the coin, who shall bear the loss caused by such cutting or breaking.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 405, "details": "12. A person cutting or breaking coin under clause (b) of Article 10 shall observe the following procedure, namely:- (i)\tif such person has reason to believe that coin has been fraudulently defaced, he shall return the pieces to the person tendering the coin, who shall bear the loss caused by such cutting or breaking; (ii) \tif such person has not reason to believe that the coin has been fraudulently defaced, he shall receive and pay for the coin at its nominal value. Explanation - For the purpose of this Article, a coin which, there is to believe has been defaced by sweating shall be deemed to have been fraudulently defaced.", "name": "", "related_acts": "", "section_id": 12 }, { "act_id": 405, "details": "13. If a coin is liable to be cut or broken under the provisions of both clauses (a) and (b) of Article 10, the person cutting or breaking the coin shall deal with it,- (a) \tif he has reason to believe that the coin has been fraudulently defaced, under clause (a) of Article 11, and (b) \tin other cases, under Article 12.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 405, "details": "14. Where any coin purporting to be coined or issued under the authority of the Government is tendered to any person authorised by the Government to act under this Article, and such person has reason to believe that the coin is counterfeit or has been fraudulently defaced, he shall by himself or another cut or break the coin and may at his discretion either return the pieces to the tenderer, who shall bear the loss caused by such cutting or breaking, or in the case of silver coin receive and pay for the coin accordingly to the value of the silver bullion contained in it.", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 405, "details": "15. (1) The Government may, 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,ÔÇö (a)\tprovide for the guidance of persons authorised to cut or break coin under Articles 10 and 14; (b)\tdetermine the percentage of diminution in weight below standard weight not being less than two percent. in the case of silver coins or five percent. in the case of pure nickel coins, which shall be the limit of reasonable wear; and (c)\tprescribe the further percentage referred to in clause (a) of Article 11 and the rates at which payments shall be made in the case of coins falling under the same clause.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 405, "details": "16. No suit or other proceedings shall lie against any persons in respect of anything in good faith done or intended to be done, under or in pursuance of the provisions of this Order.", "name": "", "related_acts": "", "section_id": 16 }, { "act_id": 405, "details": "17. Nothing in this Order shall be deemed to prohibit or restrict the making at the Mint of coins intended for issue as money by the Government of any country beyond the limits of Bangladesh.", "name": "", "related_acts": "", "section_id": 17 }, { "act_id": 405, "details": "18. The Pakistan Coinage Act (Act III of 1906) is hereby repealed.", "name": "", "related_acts": "", "section_id": 18 } ], "text": "WHEREAS it is expedient to provide for the establishment of the Mint and for the issue and putting into circulation of Taka coins of the Government of the People’s Republic 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": 406, "lower_text": [ "1 The words “and two Taka note” were inserted by section 2 of the Bangladesh Currency (Amendment) Act, 1989 (Act No. II of 1989)", "2 Clause (a) was substituted by section 3 of the Bangladesh Currency (Amendment) Act, 1989 (Act No. II of 1989)", "3 Article 3 was substituted by section 4 of The Bangladesh Currency (Amendment) Act, 1989 (Act No. II of 1989)", "4 The words, brackets and figure “Penal Code (XLV of 1860)” were substituted for the words “Pakistan Penal Code as adapted in Bangladesh” by section 5 of The Bangladesh Currency (Amendment) Act, 1989 (Act No. II of 1989)" ], "name": "The Bangladesh Currency Order, 1972 (President's Order)", "num_of_sections": 5, "published_date": "24th July, 1972", "related_act": [ 405 ], "repelled": false, "sections": [ { "act_id": 406, "details": "1. (1) This Order may be called the Bangladesh Currency 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": 406, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- 2(a) “Bangladesh one Taka note” and “Bangladesh two Taka note” shall respectively mean a one Taka note and a two Taka note issued by the Government. (b)\t“Government” means the Government of the People's Republic of Bangladesh.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 406, "details": "33. Notwithstanding anything contained in any other law for the time being in force, the Government may issue Bangladesh one Taka notes and Bangladesh two Taka notes and any such notes shall be current in Bangladesh in the same manner and to the same extent and as fully as Taka coin called Government Taka issued under the provisions of the Bangladesh Coinage Order, 1972 (P.O. No. 83 of 1972), and shall be legal tender in Bangladesh for the payment of any amount until such time as they are called in by the Government under the provisions of Article 8 of that Order.", "name": "", "related_acts": "405", "section_id": 3 }, { "act_id": 406, "details": "4. The provisions of Sections 489A, 489B, 489C and 489D of the 4Penal Code (Act XLV of 1860) shall apply in respect of notes issued under this Order as they apply in respect of currency notes and bank notes.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 406, "details": "5.\tThe Pakistan Currency Act, 1950 (Act No. XXIX of 1950) is hereby repealed.", "name": "", "related_acts": "", "section_id": 5 } ], "text": "WHEREAS it is expedient to provide for the issue and putting into circulation of one Taka note 1and two Taka note by the Government of the People’s Republic 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": 407, "lower_text": [ "1 The semi-colon (;) was substituted for the full stop (.) and thereafter the definition “Special Drawing Rights Department” was added by section 2 of the International Financial Organisations (Amendment) Ordinance, 1976 (Ordinance No. XCIV of 1976)", "2 The words “Special Drawing Rights Department” were substituted for the words “Special Drawing Account” by section 3 of the International Financial Organisations (Amendment) Ordinance, 1976 (Ordinance No. XCIV of 1976)", "3 The words “Special Drawing Rights Department” were substituted for the words “Special Drawing Account in the Fund” by section 3 of the International Financial Organisations (Amendment) Ordinance, 1976 (Ordinance No. XCIV of 1976)", "4 The words “Special Drawing Rights Department” were substituted for the words “Special Drawing Account in the Fund” by section 3 of the International Financial Organisations (Amendment) Ordinance, 1976 (Ordinance No. XCIV of 1976)", "5 Article 3A was inserted by section 2 of the International Financial Organisations (Amendment) Act, 1998 (Act No. XVIII of 1998)", "6 The words “to the Fund” were omitted by section 4 of the International Financial Organisations (Amendment) Ordinance, 1976 (Ordinance No. XCIV of 1976)", "7 The words “Special Drawing Rights Department” were substituted for the words “Special Drawing Account in the Fund” by section 4 of the International Financial Organisations (Amendment) Ordinance, 1976 (Ordinance No. XCIV of 1976)", "8 The words “Special Drawing Rights Department” were substituted for the words “Special Drawing Account in the Fund” by section 4 of the International Financial Organisations (Amendment) Ordinance, 1976 (Ordinance No. XCIV of 1976)", "9 The word and figure “Section 4” were substituted for the word and figure “Section 5” by section 4 of the International Financial Organisations (Amendment) Ordinance, 1976 (Ordinance No. XCIV of 1976)", "10 The words “Special Drawing Rights Department” were substituted for the words “Special Drawing Account” by section 6 of the International Financial Organisations (Amendment) Ordinance, 1976 (Ordinance No. XCIV of 1976)", "11 The word and figure “Article XIX” were substituted for the word and figure “Article XXV” by section 7 of the International Financial Organisations (Amendment) Ordinance, 1976 (Ordinance No. XCIV of 1976)", "12 The words, figures, brackets, letters and commas “Article XXI (b) of, and paragraph 5(d) of Schedule D to, the Fund” were substituted for the words, figures, brackets and letter “Article XXVII(b) of the Fund” by section 8 of the International Financial Organisations (Amendment) Ordinance, 1976 (Ordinance No. XCIV of 1976)" ], "name": "The International Financial Organisations Order, 1972 (President's Order)", "num_of_sections": 13, "published_date": "31st July, 1972", "related_act": [], "repelled": false, "sections": [ { "act_id": 407, "details": "1. (1) This Order may be called as the International Financial Organisations 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": 407, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- “Association” means the International Development Association; “Association Agreement” means the Articles of Agreement for the establishment and operation of the Association; “Bank” means the International Bank for Reconstruction and Development; “Bank Agreement” means the Articles of Agreement for the establishment and operation of the Bank as amended; “Fund” means International Monetary Fund; “Fund Agreement” means the Articles of Agreement for the establishment and operation of the Fund as amended; “Government” means Government of the People's Republic of Bangladesh; “Membership Resolutions” means the resolutions adopted by the Board of Governors of the Fund, the Bank and the Association, respectively, specifying the terms and conditions upon which the People's Republic of Bangladesh shall be admitted to membership in these Organisations as set out respectively in Parts I, II and III of First Schedule 1; “Special Drawing Rights Department” means the Special Drawing Rights Department of the Fund.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 407, "details": "3. (1) The Government shall designate, by a notification in the official Gazette, the officer who shall be authorised on behalf of the Government to sign any or all of the originals of the following Articles of Agreement, that is to say, the Fund Agreement, the Bank Agreement and the Association Agreement and to deposit in the cases of the Fund Agreement and the Bank Agreement, with the Government of the United States, and in the case of the Association Agreement, with the Bank, instruments of acceptance of the said Agreements and of the terms and conditions respectively prescribed under the said Agreements and the Membership Resolutions or by instruments under his hand, to empower such person as may be designated in such instruments to sign the said Agreements and to deposit the said instruments of acceptance as aforesaid. (2) Upon the accession of the People's Republic of Bangladesh to membership in the Fund, the People's Republic of Bangladesh is hereby authorised to become a participant in the 2Special Drawing Rights Department and the officer authorised to sign the Fund Agreement under clause 1 shall have authority to deposit with the Fund on behalf of the People's Republic of Bangladesh an instrument stating that the People's Republic of Bangladesh undertakes all the obligations of a participant in the 3Special Drawing Rights Department in accordance with the Law of the People's Republic of Bangladesh and representing that the People's Republic of Bangladesh has taken all steps necessary to enable it to carry out all obligations of a participant in the 4Special Drawing Rights Department.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 407, "details": "53A. The Government may accept, with or without any condition, wholly or in part, any proposal for- (a)\tany amendment to the Fund Agreement, the Bank Agreement or the Association Agreement; and (b)\tan increase, where occasion arises, in the quota of Bangladesh in the Fund.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 407, "details": "4. (1) There shall be paid out of the Consolidated Fund of the Government all sums required for the purpose of making- (a)\tall payments and transfers or other adjustments required to be made from time to time 6* * * under the provisions of the Membership Resolutions and the Fund Agreement; (b) \tall payments or transfers or other adjustments on account of the participation of the People's Republic of Bangladesh in the 7Special Drawing Rights Department; (c) \tall payments required to be made from time to time to the Bank under the provisions of the Membership Resolutions and the Bank Agreement; (d) \tall payments required to be made from time to time to the Association under the Membership Resolutions and the Association Agreement. (2) The Government is hereby authorised by borrowing, or by any other appropriate means, to acquire and pay on behalf of the People's Republic of Bangladesh the amounts that may fall due from time to time to the Fund, the Bank and the Association under the provisions of the Membership Resolutions upon which the People's Republic of Bangladesh shall be admitted to the membership in the said Organisations and under their respective Articles of Agreement, and to pay, transfer or make adjustments of amounts required on account of the People's Republic of Bangladesh's participation in the 8Special Drawing Rights Department. (3) The Government may, if it thinks fit, create and issue to the Fund, the Bank or the Association non-interest bearing and non-negotiable notes or other obligations as are provided for by 9Section 4 of Article III of the Fund Agreement, by Section 12 of Article V of the Bank Agreement and by paragraph (e) of Section 2 of Article II of the Association Agreement (which sections relate to the acceptance by the Fund, the Bank, or the Association, as the case may be, of notes or similar obligations in place of Bangladesh currency) and the sums payable under such notes or obligations so created and issued shall be a charge on the Consolidated Fund. (4) For the purpose of providing any sums required to be paid out of the Consolidated Fund under sub-clauses (a), (b), (c) and (d) of clause (1), and clause (3) of this Article, the Government may raise loans by the creation and issue to the Bangladesh Bank in such form as it thinks fit, of non-interest bearing and non-negotiable notes or obligations.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 407, "details": "4A. Omitted by section 3 of the International Financial Organisations (Amendment) Act, 1998 (XVIII of 1998).", "name": "Omitted", "related_acts": "", "section_id": 6 }, { "act_id": 407, "details": "4B. Omitted by section 3 of the International Financial Organisations (Amendment) Act, 1998 (XVIII of 1998).", "name": "Omitted", "related_acts": "", "section_id": 7 }, { "act_id": 407, "details": "5. (1) The Bangladesh Bank shall serve as the fiscal agency as required under Article V, section 1, of the Fund Agreement and Article III, Section 2, of the Bank Agreement and Article VI, Sections 9 and 10 of the Association Agreement and is accordingly authorised to carry out, on behalf of the Government all transactions and operations under the various provisions of the Articles of Agreement of the Fund, the Bank and the Association. (2) The Bangladesh Bank shall be the depository of the Bangladesh currency holdings or any other assets of the Fund, the Bank and the Association. (3) Subject to clause (2) of Article 6 the Bangladesh Bank, on behalf of the Government shall be entitled to receive any amount which may be paid or transferred to the People's Republic of Bangladesh by the Fund or the Bank, including any amount of gold, currency, or Special Drawing Rights to be paid or allocated to the People's Republic of Bangladesh by the Fund or which may otherwise be acquired by the People's Republic of Bangladesh in consequence of its participation in the 10Special Drawing Rights Department. (4) Notwithstanding anything in the Bangladesh Bank (Temporary) Order, 1971, the Bangladesh Bank is hereby authorised to accept and hold any notes and obligations created and issued in accordance with the provisions of clause (4) of Article 4.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 407, "details": "6. (1) There shall be paid out of the Consolidated Fund of the Government all sums required for the redemption of any notes or obligations created and issued to the Bangladesh Bank under clause (4) of Article 4. (2) All sums received by or on behalf of the Government from the Fund, the Bank and the Association other than sums received by reason of operations of the Bangladesh Bank under Article V or Article VII or Article VIII or 11Article XIX of the Fund Agreement shall be paid into the Consolidated Fund of the Government and the sums so received, in so far as they represent capital, shall, unless otherwise provided in that behalf by any written law, be applied from time to time as the Government may direct in the redemption of notes or other obligations issued to the Bangladesh Bank under this Order.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 407, "details": "7. (1) Where under the Articles of the Fund Agreement, Bank Agreement and Association Agreement the Government is required to furnish these bodies with any information, the Government, or if generally or specially authorised by the Government in this behalf, the Bangladesh Bank may by order in writing require any person to furnish to such officer or other person as may be specified in the Order, such detailed information as the government or the Bangladesh Bank, as the case may be, may determine to be essential for the purpose of complying with the request of the Fund, the Bank and the Association, and any person so required shall be bound to furnish such information. (2) Every officer or person to whom any information is required to be furnished under this Section shall be deemed to be a public servant within the meaning of section 21 of the Bangladesh Penal Code (XLV of 1860). (3) No information obtained under this Section shall be furnished to the Fund, the Bank and the Association in such detail as to disclose the affairs of any person, and the provisions of sub-sections (1), (2) and (3) of section 54 of the Income-tax Act, 1922 (XI of 1922) as adapted in Bangladesh, shall apply in relation to information obtained under this Section as they apply to the particulars referred to in that Section. (4) A determination of the Government or the Bangladesh Bank under sub-section (1) as to the extent of detail in which information is to be furnished shall be final, and in any prosecution under section 176 or section 177 of the Bangladesh Penal Code (XLV of 1860) in respect of any information required to be furnished under this section, it shall not be a defence to assert that the information was required to be furnished in greater detail than was essential for the purpose of complying with the request of the Fund, the Bank and the Association. (5) No prosecution for an offence in respect of any information required to be furnished under this Section shall be instituted except with the previous sanction of the Government.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 407, "details": "8. Notwithstanding anything to the contrary contained in any other law the provisions of: (a)\tSection 2 (b) of Article VIII, Sections 2 to 9 inclusive of Article IX and 12Article XXI (b) of, and paragraph 5(d) of Schedule D to, the Fund Agreement as set out in Part I of the Second Schedule; (b)\tSections 2 to 9 inclusive of Article VII of the Bank Agreement as set out in Part II of the Second Schedule; and (c)\tSections 2 to 9 inclusive of Article VIII of the Association Agreement as set out in Part III of the Second Schedule of this Order, shall have the force of law in the People's Republic of Bangladesh: Provided that nothing in Section 9 of Article IX of the Fund Agreement or in Section 9 of the Article VII of the Bank Agreement or in Section 9 of Article VIII of the Association Agreement shall be construed asÔÇö (a)\tentitling the Fund or the Bank or the Association to import into Bangladesh goods free of any duty of customs without any restriction on their subsequent sale therein, or (b)\tconferring on the Fund or Bank or the Association any exemption from duties or taxes which form part of the price of goods sold or which are in fact no more than charges for services rendered.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 407, "details": "9. Nothing in this Order shall prejudice or derogate from the right of the People's Republic of Bangladesh to claim, receive or recover from Pakistan any assets, including gold subscription to the Fund.", "name": "", "related_acts": "", "section_id": 12 }, { "act_id": 407, "details": "10. The Government may, by notification in the official Gazette, make rules for giving effect to the provisions set out in the Schedules, and generally for carrying out the purposes of this Order.", "name": "", "related_acts": "", "section_id": 13 } ], "text": "WHEREAS pursuant to the Articles of Agreement drawn up at the United Nations Monetary and Financial Conference held in the month of July in the year nineteen hundred and forty four at Bretton Woods in New Hampshire in the United States of America, two International bodies known as the International Monetary Fund and the International Bank for Reconstruction and Development were established; AND WHEREAS pursuant to the Articles of Agreement approved by the Directors of the said International Bank for Reconstruction and Development in the year nineteen hundred and sixty an international body known as the International Development Association was established; AND WHEREAS in pursuance of the said several Articles of Agreement the said international bodies have each prescribed the terms and conditions set out in the First Schedule to this Order as the terms and conditions, upon which the People’s Republic of Bangladesh may be admitted to the membership of each such body and on which the Articles of Agreement relating to each such body may be signed and accepted on behalf of the Government of the People’s Republic of Bangladesh; AND WHEREAS it is expedient that the People’s Republic of Bangladesh may be a member of the said international bodies, and 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 and promulgate the following Order:-" }

{ "id": 408, "lower_text": [], "name": "The Bangladesh (Legal Proceedings) (Third) Order, 1972 (President's Order)", "num_of_sections": 2, "published_date": "3rd August, 1972", "related_act": [ 241 ], "repelled": false, "sections": [ { "act_id": 408, "details": "1. (1) This Order may be called the Bangladesh (Legal Proceedings) (Third) 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": 408, "details": "2. Notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order, all suits, appeals, applications and other legal proceedings pending or continuing or deemed to be pending or continuing in any court against the Government of the People's Republic of Bangladesh in which the legality or validity of the State Acquisition and Tenancy Act, 1950 (E. B. Act No. XXVIII of 1951), or of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (E.B. Ord. No. III of 1956), or of any other law making any amendment in the said Act, or of the acquisition of any property made under any provision thereof is challenged or called in question shall abate, and all orders, including orders of injunction and other interlocutory orders, passed in such suits, appeals, applications and other legal proceedings shall cease to have any effect; and no court shall entertain, and no person shall bring, any fresh suit, appeal, application or other legal proceedings in which the legality or validity of any such law or acquisition is challenged or called in question.", "name": "", "related_acts": "241", "section_id": 2 } ], "text": "WHEREAS it is expedient to provide for the abatement of, and barring the jurisdiction of courts from entertaining, certain suits, appeals, applications and other 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": 409, "lower_text": [ "1 Throughout this order the word “Trust” wherever occurring was substituted for the word “Foundation” by the Bangladesh (Freedom Fighters) Welfare Foundation Amendment) Order, 1972 (President’s Order No. 159 of 1972)", "2 Clause (a) was substituted by Article 4 of the Bangladesh (Freedom Fighters) Welfare Foundation (Amendment) Order, 1972 (President’s Order No. 159 of 1972)", "3 The word “Trustees” was substituted for the words “Directors of the Foundation” by Article 4 of the Bangladesh (Freedom Fighters) Welfare Foundation (Amendment) Order, 1972 (President’s Order No. 159 of 1972)", "4 Clause (f) was omitted by section 2 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Act, 1974 (Act No. XXXVII of 1974)", "5 Clause (h) was substituted by section 2 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Act, 1980 (Act No. XLI of 1980)", "6 Clause (jj) was inserted by section 2 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)", "7 The semi-colon (;) was substituted for the full stop (.) and thereafter clause (m) was added by section 2 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Act, 1974 (Act No. XXXVII of 1974)", "8 The word “Trustees” was substituted for the word “Directors” by Article 5 of the Bangladesh (Freedom Fighters) Welfare Foundation (Amendment) Order, 1972 (President’s Order No. 159 of 1972)", "9 Clause (1) was substituted by section 2 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Act, 1993 (Act No. XIV of 1993)", "10 Sub-clause (b) was substituted by section 3 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Act, 2001 (Act No. LXI of 2001)", "11 Sub-clause (f) was substituted by section 3 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Act, 2001 (Act No. LXI of 2001)", "12 Article 7A was inserted by section 4 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)", "13 Clause (1) was substituted by Article 7 of the Bangladesh (Freedom Fighters) Welfare Foundation (Amendment) Order, 1972 (President’s Order No. 159 of 1972)", "14 The word “Chairman” was substituted for the words “Managing Director” by section 3 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1976 (Ordinance No. XXXVIII of 1976)", "15 Clause (2) was substituted by Section 5 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)", "16 The word “Chairman” was substituted for the words “Managing Director” by section 4 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1976 (Ordinance No. XXXVIII of 1976)", "17 The word “Trustees” was substituted for the word “Directors” by Article 8 of the Bangladesh (Freedom Fighters) Welfare Foundation (Amendment) Order, 1972 (President’s Order No. 159 of 1972)", "18 Clause (2) was substituted by section 4 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1976 (Ordinance No. XXXVIII of 1976)", "19 Article 9A was inserted by section 6 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)", "20 The word “Trustee” was substituted for the word “Director” by section 7 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)", "21 Article 11 was numbered as clause (1) by section 8 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)", "22 The word “Board” was substituted for the word “Chairman” by section 5 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1976 (Ordinance No. XXXVIII of 1976)", "23 The words “as may be approved by the Government” were omitted by section 8 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)", "24 The word “it” was substituted for the word “he” by section 5 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1976 (Ordinance No. XXXVIII of 1976)", "25 Clause (2) was added by section 8 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)", "26 Article 11A was inserted by section 2 of the Bangladesh (Freedom Fighters) Welfare Trust (Second Amendment) Ordinance, 1983 (Ordinance No. LXIV of 1983)", "27 Clause (2) was substituted by section 2 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1986 (Ordinance No. XII of 1986)", "28 The word “Trustee” was substituted for the word “director” by section 9 of the Bangladesh (Freedom Fighters) Welfare Trust (Amendment) Ordinance, 1983 (Ordinance No. XIV of 1983)" ], "name": "The Bangladesh (Freedom Fighters) Welfare Trust Order, 1972 (President's Order)", "num_of_sections": 20, "published_date": "7th August, 1972", "related_act": [ 442 ], "repelled": true, "sections": [ { "act_id": 409, "details": "1. (1) This Order may be called the Bangladesh (Freedom Fighters) Welfare Trust 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": 409, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- 2(a) “beneficiaries” means disabled Freedom Fighters, their dependents or the dependents of the Shahids or members of Muktifauz in distress and requiring assistance; (b) \t“Board” means Board of 3Trustees; (c) \t“Chairman” means the Chairman of the Board; (d) \t“dependant” includes wife, husband, minor sons, unmarried daughters, parents, minor brothers, divorced or widowed sisters of a freedom fighter or of a Shaheed, who are dependant on him; (e) \t“disabled” means incapable of pursuing any normal vocation because of injuries suffered during the war of liberation; 4* * * (g)\t“Trust” means the Bangladesh (Freedom Fighters) Welfare Trust established by this Order; 5(h) \t“freedom fighter” means any person who had served as a member of any force engaged in the war of liberation but shall not include the serving members of the defence services, police or the civil armed forces, or any Government pensioner, or any other person having any regular source of income; (i) \t“Fund” means the Bangladesh (Freedom Fighters) Welfare Fund referred to in Article 12; (j) \t“Government” means the Government of the People's Republic of Bangladesh; 6(jj) \t“Managing Director” means the Managing Director of the Trust; (k)\t“prescribed” means prescribed by rules or regulations made under this Order; (l)\t“Shaheed” means a person who suffered death while engaged in the war of liberation 7; (m)\t“Trustee” means a member of the Board.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 409, "details": "3. (1) On the coming into force of this Order, there shall be established a corporation to be called the Bangladesh (Freedom Fighters) Welfare Trust. (2) The Trust 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 its name sue and be sued.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 409, "details": "4. (1) The Head Office of the Trust shall be located at Dacca. (2) The Trust may establish such regional or other offices, branches and agencies as the Board may, with the prior approval of the Government, think fit.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 409, "details": "5. (1) The functions of the Trust shall be to provide for the welfare of the beneficiaries and to provide assistance for their relief and rehabilitation, and to acquire property, to promote, establish, maintain and manage commercial and industrial undertakings and to do all things considered necessary for the discharge of the said functions. (2) Without prejudice to the generality of the foregoing provision, the Trust shall, in particular, have power- (a)\tto give assistance, in cash or kind, for the welfare, relief and rehabilitation of one or more beneficiaries; (b)\tto promote, establish, undertake and manage projects and schemes the object of which is the welfare of one or more beneficiaries; (c)\tto establish and maintain clinics, dispensaries or hospitals for specialised treatment of disabled freedom fighters; (d)\tto establish and maintain rehabilitation and training centres and homes for disabled freedom fighters; (e)\tto provide vocational training facilities to beneficiaries; (f)\tto sanction pension to such beneficiaries as are unable to pursue normal vocations; (g)\tto award scholarships and stipends to deserving beneficiaries for prosecution of studies; (h)\tto acquire, hold and dispose of property, both movable or immovable; (i)\tto promote, establish, own, possess, manage, maintain and dispose of any industrial or commercial undertakings, with the prior approval of the Government, for the benefit of beneficiaries; (j)\tto accept the management of any trust fund or endowment in which the Trust is interested; (k)\tto receive moneys, securities, instruments or any other movable property for and on behalf of the Trust; (l)\tto invest the moneys and funds of the Trust and to vary the investments as and when it may deem necessary or proper; (m)\tto purchase, sell, endorse, transfer, negotiate or otherwise deal in securities of the Government and any other securities as approved by the Government; (n)\tto raise loans for its enterprises and undertakings and for this purpose, to pledge, hypothecate, mortgage or otherwise charge the properties of the Trust; (o)\tto enter into contracts, engagements, arrangements and execute necessary documents; (p)\tto do such other things as may be considered necessary or expedient for carrying out the purposes of this Order including complying with orders and directions issued by the Government from time to time; (q)\tto do all other things as may be prescribed.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 409, "details": "6. (1) Subject to rules and regulations made under this Order, the general direction and superintendence of the affairs and business of the Trust shall vest in a Board of 8Trustees which may exercise all such powers and do all such acts and things as may be exercised by the Trust. (2) The Board, in discharging its functions, shall be guided by such directives as the Government may give from time to time.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 409, "details": "7. 9(1) The Board shall consist of the following Trustees, namely:- (a)\tthe Prime Minister, Government of the People's Republic of Bangladesh, who shall also be its Chairman; 10(b)\tthe Minister–in-charge of the Ministry of Liberation War Affairs, Government of the People's Republic of Bangladesh, who shall also be its Vice-chairman; (c)\tfour members of Parliament (Freedom Fighter) to be nominated by the Prime Minister; (d)\tSecretary-in-charge of the Ministry or Division dealing with finance; (e)\tSecretary-in-charge of the Ministry or Division dealing with industries; 11(f) \tSecretary-in-charge of the Ministry or Division dealing with Liberation War Affairs; (g)\tone representative of the Bangladesh Army (Freedom Fighter), not below the rank of a Brigadier, to be nominated by the Chief of Army Staff; (h)\tManaging Director, Bangladesh (Freedom Fighters) Welfare Trust, ex-officio. Explanation - Notwithstanding the definition of “freedom fighter” contained in clause (h) of Article 2 of this Order, for the purpose of this clause “Freedom Fighter” means a freedom fighter who actively participated in the war of liberation. (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": 409, "details": "127A. (1) A Management Committee to perform the functions mentioned in clause (2) shall be constituted with the following members, namely:- (a) the Secretary of the Ministry of Liberation War Affairs ... Chairman (b) the Managing Director ... Vice-Chairman (c) the Director (Industries) of the Trust ... Member (d) the Director (Finance) of the Trust ... Member (dd) the Director (Welfare) of the Trust … Member (e) one officer of the Defence Division to be nominated by the Secretary, Defence Division. ... Member (f) One Officer of the Ministry of Liberation War Affairs to be nominated by the Secretary, Ministry of Liberation War Affairs ... Member (2) The Management Committee shall perform the following functions, namely:- (a) direction and supervision of overall activities of the Head Office of the Trust and of industrial and commercial units under it; (b) planning of all development schemes of the Trust and implementation of all economic activities; (c) reviewing the progress of work done by the Trust, checking up of accounts, framing future policies and determination of strategies; and (d) such other functions as may be entrusted to it by or under this Order or by the Board. (3) The Board shall exercise power over determination of policies including additions, modifications and any other changes thereto relating to the activities of the Management Committee.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 409, "details": "8. 13(1) The 14Chairman and other Trustees shall hold office for such period and on such terms and conditions as the Government may determine. 15(2) The Government may, at any time, remove any Trustee, other than an ex-officio Trustee, without assigning any reason.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 409, "details": "9. (1) The 16Chairman and other 17Trustees shall exercise such powers, perform such functions and discharge such duties as may be prescribed by the Board. 18(2) In the absence of the Chairman, the powers and functions of the Chairman shall be performed by such officials of the Trust and the meetings of the Board shall be presided over by such Trustee as the Chairman may direct in writing.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 409, "details": "199A. (1) The Trust shall have a full-time Managing Director to be appointed by the Government, who shall be the chief executive of the Trust. (2) The Managing Director shall be appointed on such terms and conditions as may be determined by the Government.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 409, "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) The meetings of the Board shall be conducted in accordance with such procedure as may be prescribed by the Board and until such regulations are made in such manner as the Chairman thereof may direct. (3) At a meeting of the Board each 20Trustee shall have one vote, and in the event of equality of votes, the Chairman thereof shall have a casting vote.", "name": "", "related_acts": "", "section_id": 12 }, { "act_id": 409, "details": "11. 21(1) The 22Board may, appoint or employ, in such manner and on such terms and conditions 23* * * such officers, advisers and employees as 24it considers necessary for efficient performance of the functions of the Trust. 25(2) The Board, on the recommendation of the Management Committee, shall have power to take decisions on matters relating to employment, dismissal and any other disciplinary action against any officer or employee of the Trust.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 409, "details": "2611A. The Board may, by resolution, delegate such of its powers and functions to the Managing Director or any other officer of the Trust as it may deem fit.", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 409, "details": "12. (1) The Trust shall have its own Fund to be called the Bangladesh (Freedom Fighters) Welfare Fund which shall consist of- (a) \tgrants and loans from the Government; (b)\tdonations from the public or any agency, institutions, organisations- foreign, national or international; (c)\taid and assistance received from foreign Governments; and (d)\tincome from the undertakings and properties held or managed by the Trust. (2) The Trust, with prior approval of the Government, borrow money from a Commercial Bank or any other financial institution for the purpose of carrying out its functions under this Order. (3) All receipts of the Trust from any source whatsoever shall be credited to the Fund and shall be administered in such manner as may be prescribed by the Board, and until such regulations are made, by the Chairman thereof, and shall be applied to meet all expenditure connected with the execution of the measures for which the Trust is responsible and all charges necessary for the discharge of its functions. (4) The Fund shall be kept in any bank or banks approved by the Government.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 409, "details": "13. (1) The Trust shall maintain proper and complete accounts in accordance with such general directions as may be issued, and in such form, as may be prescribed, by the Government. 27(2) The accounts of the Trust shall be audited, as soon as possible after the end of the financial year but not later than the 30th day of October of the following financial year, by not less than two auditors, being chartered accountant within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), who shall be appointed by the Government. (3) Every auditor appointed under clause (2) shall be given the account books and connected documents of the Trust for examination and shall at all reasonable times have access to the books, accounts and other documents of the Trust and, may in connection with such accounts examine the Chairman or any 28Trustee or officer of the Trust. (4) The auditors shall submit an audit report to the Government in which they shall state whether, in their opinion, accounts of the Trust are properly drawn up and, if they have called for any explanations or information from the Trust, whether it has been given and whether it is satisfactory. (5) The Trust shall comply with any directive issued by the Government for the rectification of the matters objected to in the audit.", "name": "", "related_acts": "442", "section_id": 16 }, { "act_id": 409, "details": "14. (1) The Trust shall furnish to the Government such returns, reports and statements as the Government may from time to time require. (2) The Trust shall, as soon as possible after the end of every financial year, furnish to the Government a statement of accounts audited under Article 13 together with an annual report of the workings of the Trust 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": 17 }, { "act_id": 409, "details": "15. The Trust, by such date 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 receipt and expenditure and the sums which are likely to be required from the Government during that financial year.", "name": "", "related_acts": "", "section_id": 18 }, { "act_id": 409, "details": "16. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Order.", "name": "", "related_acts": "", "section_id": 19 }, { "act_id": 409, "details": "17. (1) The Board, may, with 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 purposes 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": 20 } ], "text": "WHEREAS it is expedient to provide for establishment of a Trust for the Welfare of the disabled freedom fighters and dependants of Shaheeds of the war of liberation and for matters connected therewith;1♣ NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-" }

{ "id": 410, "lower_text": [ "1 Sub-clauses (a) and (b) were substituted by section 2 of the Bangladesh Insurance (Nationalisation) (Amendment) Order, 1972 (President's Order No. 133 of 1972)", "2 Clause (1A) was inserted by Article 2 of the Bangladesh Insurance (Nationalisation) (Amendment) Order, 1972 (President’s Order No. 133 of 1972)" ], "name": "The Bangladesh Insurance (Nationalisation) Order, 1972 (President's Order)", "num_of_sections": 44, "published_date": "8th August, 197", "related_act": [ 306, 381, 175 ], "repelled": false, "sections": [ { "act_id": 410, "details": "1. (1) This Order may be called the Bangladesh Insurance (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": 410, "details": "2. (1) 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“controlling Corporation” means the Bangladesh Jatiya Bima Corporation established by Article 4; (d)\t“Corporation” means the controlling Corporation or a subsidiary Corporation; (e)\t“Director” means a Director of a Corporation; (f)\t“general subsidiary Corporation” means the Karnaphuli Bima Corporation or the Teesta Bima Corporation ; (g)\t“Government” means the Government of the People's Republic of Bangladesh; (h) \t“insurer” means an insurer as defined in the Insurance Act, 1938 (Act IV of 1938), who carries on insurance business in Bangladesh and includes a provident society as defined in section 65 of that Act ; (i)\t“life subsidiary Corporation” means the Surma Jiban Bima Corporation or the Rupsa Jiban Bima Corporation; (j)\t“prescribed” means prescribed by rules made under this Order; (k)\t“Schedule” means the Schedule to this Order; (l)\t“subsidiary Corporation” means the Karnaphuli Bima Corporation, the Teesta Bima Corporation, the Surma Jiban Bima Corporation or the Rupsa Jiban Bima Corporation established by Article 4. (2) All other words and expressions used in this Order but not defined and defined in the Insurance Act, 1938 (Act IV of 1938), shall have the meanings respectively assigned to them in that Act.", "name": "", "related_acts": "175,175", "section_id": 2 }, { "act_id": 410, "details": "3. The provisions of this Order and any rules 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": 410, "details": "4. (1) On the commencement of this Order, there shall be established five Corporations to be called the Bangladesh Jatiya Bima Corporation, the Karnaphuli Bima Corporation, the Teesta Bima Corporation, the Surma Jiban Bima Corporation and the Rupsa Jiban Bima Corporation. (2) Every 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 its name sue and be sued.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 410, "details": "5. (1) The authorised capital of the controlling Corporation shall be ten crore taka to be subscribed by the Government from time to time according to the requirements of the Corporation and in such form and manner as may be prescribed. (2) The authorised capital of each subsidiary Corporation shall be two crore taka to be subscribed by the controlling Corporation from time to time according to the requirements of such Corporation and in such form and manner as may be prescribed.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 410, "details": "6. (1) Subject to rules made under this Order, the general direction and administration of the affairs and business of every 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) Every Board in discharging its functions shall act on commercial consideration having due regard to public interest generally. (3) The Board of the controlling Corporation shall be guided on questions of policy by such general or special instructions as may be given to it by the Government from time to time and, if any question arises as to whether any question is a question of policy or not, the decision of the Government shall be final. (4) The Board of a subsidiary Corporation shall be guided by such general or special instructions as may be given to it by the controlling Corporation from time to time.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 410, "details": "7. (1) The Board of the controlling Corporation shall consist of four whole-time directors to be appointed by the Government and not more than five other Directors to be appointed by the Government in such manner as may be prescribed. (2) The Government shall appoint one of the whole time Directors of the controlling Corporation to be the Chairman of its Board. (3) The Chairman and other Directors of the controlling Corporation shall hold office for such period and on such terms and conditions as the Government may determine. (4) The Government may at any time terminate the appointment of the Chairman or any other Director of the controlling Corporation without assigning any reason. (5) The Chairman or any other Director of the controlling Corporation may at any time resign his office by notice in writing addressed to the Government: Provided that no resignation shall take effect until it has been accepted by the Government.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 410, "details": "8. (1) The Board of a subsidiary Corporation shall consist of five whole-time Directors to be appointed by the controlling Corporation with the prior approval of the Government. (2) The controlling Corporation shall appoint one of the Directors of a subsidiary Corporation to be the Chairman of the Board of that Corporation. (3) The Chairman and other Directors of a subsidiary Corporation shall hold office for such period and on such terms and conditions as the controlling Corporation may, with the approval of the Government, determine. (4) The controlling Corporation may, at any time, with the prior approval of the Government, terminate the appointment of the Chairman or any other Director of a subsidiary Corporation without assigning any reason. (5) The Chairman or any other Director of a subsidiary Corporation may, at any time, resign his office by notice in writing addressed to the controlling Corporation: Provided that no resignation shall take effect until it has been accepted by the controlling Corporation.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 410, "details": "9. 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.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 410, "details": "10. (1) The Chairman of a Corporation shall be the chief executive officer of the Corporation. (2) The Chairman and other Directors of a Corporation shall exercise such powers, perform such functions and discharge such duties as may be prescribed or assigned to them by the Board. (3) The Chairman and other Directors of a Corporation 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": 10 }, { "act_id": 410, "details": "11. No person shall be or shall continue to be a Director of a Corporation who- (a)\tis or at any time has been adjudicated insolvent; (b)\tis found to be a lunatic or of unsound mind; (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; (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 or the controlling Corporation as the case may be.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 410, "details": "12. (1) The meetings of a Board shall be held at such times and place 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 of the controlling Corporation not less than five, including at least two whole-time Directors, and at a meeting of the Board of a subsidiary Corporation not less than three Directors, including the Chairman, shall be present. (3) At a meeting of a 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 of a Board is unable to be present at a meeting, a Director elected by the Directors present shall preside over the meeting.", "name": "", "related_acts": "", "section_id": 12 }, { "act_id": 410, "details": "13. Every 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": 13 }, { "act_id": 410, "details": "14. (1) Subject to rules made under this Order, it shall be the function of the controlling Corporation to supervise, control, regulate, co ordinate and guide the activities, business and affairs of the subsidiary Corporations. (2) Without prejudice to the generality of the foregoing provisions, the controlling Corporation shall, in particular, have powerÔÇö (a)\tto prepare periodical reports on the activities of subsidiary Corporations; (b)\tto make comparative evaluation of performance of the subsidiary Corporations; (c)\tto conduct expense analysis for the purpose of ascertaining cost ratios of subsidiary Corporations and causes of difference, if any, of costs between different subsidiary Corporations and of variations thereof; (d)\tto conduct mortality analysis for the purpose of ascertaining deviation of experienced mortality rates from the assumed mortality rates and causes thereof; (e)\tto guide and assist the subsidiary Corporations in adopting modern techniques and practices in different fields relating to their functions; (f)\tto conduct research on insurance subjects and on different types of insurance schemes; (g)\tto undertake publicity for popularising insurance; (h)\tto formulate policy on underwriting; (i)\tto arrange training facilities for administrative staff and sales personnel; (j)\tto assist the subsidiary Corporations in the matter of rendering efficient service to policy holders; (k)\tto do all other things connected with or ancillary to any of the matters referred to in sub clauses (a) to (j).", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 410, "details": "15. (1) Subject to the provisions of Article 15 and rules made under this Order, it shall be the function of- 1(a) \ta general subsidiary Corporation to carry on all kinds of general insurance and re-insurance business, whether in or outside Bangladesh; and (b)\ta life subsidiary Corporation to carry on all kinds of life insurance and re-insurance business, whether in or outside Bangladesh. (2) Without prejudice to the generality of the foregoing provisions, every subsidiary Corporation shall, in particular, have power- (a)\tto acquire, hold and dispose of any property for the purpose of its business; (b)\tto transfer the whole or any part of its insurance business carried on outside Bangladesh to any other person or persons, if in the interest of the Corporation it is expedient so to do; (c)\tto carry on any other business which may seem to the Corporation to be capable of being conveniently carried on in connection with its business and calculated directly or indirectly to render profitable the business of the Corporation; (d)\tto do all such things as may be incidental or conducive to the proper exercise of any of the powers of the Corporation.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 410, "details": "16. (1) The head office of the controlling Corporation shall be at Dacca and the head office of every subsidiary Corporation shall be at such place as the Government may, by notification in the official Gazette, specify. (2) Every Corporation may establish as many other offices in Bangladesh and abroad as its Board thinks fit.", "name": "", "related_acts": "", "section_id": 16 }, { "act_id": 410, "details": "17. (1) On the commencement of this Order, there shall be transferred to and vested in- (a)\tthe Karnaphuli Bima Corporation the entire undertaking appertaining to the general insurance business of every insurer specified in Part A of the Schedule; (b)\tthe Teesta Bima Corporation the entire undertaking appertaining to the general insurance business of every insurer specified in Part B of the Schedule ; (c)\tthe Surma Jiban Bima Corporation the entire undertaking appertaining to the life insurance business of every insurer specified in Part C of the Schedule ; and (d)\tthe Rupsa Jiban Bima Corporation the entire undertaking appertaining to the life insurance business of every insurer specified in Part D of the Schedule. 2(1A) The Government may, by notification in the official Gazette, make any addition to or omission from the list of insurer in any Part in the Schedule. (2) Notwithstanding anything contained in this Order, a general subsidiary Corporation or a life subsidiary Corporation may, until the 31st day of December, 1972, use the name and seal of the insurer whose undertaking has been transferred to and vested in it under clause (1).", "name": "", "related_acts": "", "section_id": 17 }, { "act_id": 410, "details": "18. (1) The undertaking appertaining to the general insurance business or the life insurance business of an insurer which is transferred to and vests in a subsidiary Corporation under clause (1) of Article 17 shall, subject to the provisions of this Order, be deemed to include all assets, rights, powers, authorities and privileges and all property, movable or immovable, cash balances, reserve funds, investments, deposits 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 insurer 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 account, registers, records and all other documents of whatever nature relating thereto, and shall, subject to the provisions of this Order and unless the Government otherwise directs be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the insurer in relation to such undertaking :  Provided that the liabilities and obligations of the insurer in relation to such undertaking shall, unless the Government otherwise directs, not include any liability or obligation under any policy issued by him to a person who is not a citizen of Bangladesh.  (2) Where any assets or other properties vesting in a subsidiary Corporation under clause (1) of Article 17 are subject to any trust, the assets or other properties shall be deemed to have vested in the subsidiary Corporation free from any such trust.  (3) If, according to the laws of any country outside Bangladesh, the provisions of the Order by themselves are not effective to transfer or vest any asset situated in that country which forms part of the undertaking of an insurer to, or in, the subsidiary Corporation concerned, the affairs of the insurer 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 subsidiary Corporation concerned, and the chief executive officer may exercise all such powers and do all such acts and things as may be exercised or done by the insurer for the purpose of effectively transferring such asset.  (4) The chief executive officer of the subsidiary Corporation concerned shall, in exercise of the power conferred on him by clause (3), 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 insurer.  (5) Unless otherwise expressly provided by or under this Order and unless the Government otherwise directs, 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 an insurer whose undertaking has been transferred to and vested in a subsisting Corporation under clause (1) of Article 17 is a party or which are in favour of such insurer shall, in so far as they relate to such undertaking of the insurer, be of as full force and effect against or in favour of the subsidiary Corporation, and may be enforced or acted upon as fully and effectually as if in the place of the insurer the subsidiary Corporation had been a party thereto or as if they had been entered into or issued in favour of the subsidiary Corporation.  (6) Subject to the other provisions of this Order and unless the Government otherwise directs, any suit, appeal or other proceeding of whatever nature pending on the date of the commencement of this Order by or against an insurer in relation to any of his undertakings shall be deemed to be suit, appeal or other proceeding pending by or against the subsidiary Corporation in which the undertaking has vested under clause (1) of Article 17, and may be continued or prosecuted and enforced by or against that Corporation.  (7) If any question arises as to whether any undertaking appertains to the general insurance business or the life insurance business of an insurer, or whether any asset, right, power, authority or privilege or any property, cash balance, reserve fund, investment or deposit is in the ownership, possession, power or control of an insurer in relation to any of his undertakings transferred to a subsidiary Corporation, or whether any borrowing, liability or obligation of insurer relates to any of his undertakings transferred to a subsidiary Corporation, or whether any contract deed, bond, agreement, power of attorney, grant of legal representation or other instrument related to any of the undertakings of an insurer transferred to a subsidiary Corporation or whether any suit, appeal or other proceeding is pending by or against an insurer in relation to any of his undertakings transferred to a subsidiary Corporation, the question shall be referred to the Government whose decision shall be final.  (8) Where any undertaking of an insurer does not relate exclusively to his general insurance business or life insurance business of where such undertaking relates to both general insurance business and life insurance business of the insurer, such undertaking shall be transferred to such subsidiary Corporation, in such manner and to such extent as the Government may, by order, direct.  (9) The Government may, for the purpose of removing any difficulty arising out of, or in connection with, the transfer of any undertaking of an insurer to a subsidiary Corporation or any matter supplemental or incidental to, or consequential upon, such transfer or any other matter 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": 18 }, { "act_id": 410, "details": "19. (1) Every Corporation may appoint such officers and other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may determine.  (2) A Corporation may employ such officers and other employees of an insurer whose undertaking has been transferred to a subsidiary Corporation under clause (1) of Article 17 as the controlling Corporation may specify, and the officers and other employees so employed shall hold their office or service in the Corporation which employs them on such terms and conditions as that Corporation may determine:  Provided that an officer or other employee may, within such time, as may be specified by the Corporation which employs him, exercise his option not to continue in the service of that Corporation:  Provided further that the controlling Corporation may, within one year from the Commencement of this Order, transfer an Officer or other employee from one Corporation to another.  (3) If any question arises out the transfer of an officer or other employee of an insurer under clause (2), the question shall be referred to the Government whose decision shall be final.  (4) The transfer of service of any officer or other employee from an insurer to the controlling Corporation or to a subsidiary Corporation shall not entitle any such officer or other employee to any compensation and no such claim shall be entertained by any court, tribunal or other authority.  (5) Notwithstanding anything contained in any rules, regulations, contract or agreement relating to the terms and conditions of service made or entered into by an insurer or in the Articles of Association of any such insurer, no person shall be entitled to any compensation against the insurer or against any Corporation for the loss of his office or service or for the premature termination of any contract or agreement of management entered into by him with the insurer.  (6) Notwithstanding anything contained in this Order, the controlling Corporation shall determine the pay scales of the different classes of officers and other employees of a subsidiary Corporation.  (7) Where all the officers and other employees of an insurer have been employed by one or more Corporations under clause (2), the money and other assets belonging to any provident, superannuation, or any other fund established by the insurer for the benefit of such officers and other employees and in respect of which a trust has been constituted by him shall be transferred to, and vest in, such Corporation or Corporations, free from any such trust, in such manner as the Government may, by order, specify, and the trustees of such trust shall, as from the date of such transfer, stand discharged from the trust, except as respects things done or omitted to be done before such date.  (8) Where all the officers and other employees of an insurer have not been employed by the Corporations under clause (2), the moneys and other assets belonging to any such fund as is referred to in clause (7) shall be apportioned between the trustees of the fund and the Corporations which have employed some of the officers and other employees of the insurer in such manner as the Government may, by order, specify.", "name": "", "related_acts": "", "section_id": 19 }, { "act_id": 410, "details": "20. (1) Where any undertaking has vested in a subsidiary Corporation under clause (1) of Article 17,- (a)\tevery person, in whose possession or custody or under whose control any property appertaining to the undertaking may be, shall deliver the property to the subsidiary Corporation forthwith; (b)\tany person who on the commencement of this Order has in his possession or custody or under his control any books, documents or other papers relating to the undertaking shall deliver them to the subsidiary Corporation or to such person as the subsidiary Corporation may direct. (2) Without prejudice to the provisions of clause (1), it shall be lawful for a subsidiary Corporation to take all necessary steps for securing possession of all properties which have vested in the subsidiary Corporation under clause (1) of Article 17.", "name": "", "related_acts": "", "section_id": 20 }, { "act_id": 410, "details": "21. (1) Where an insurer whose undertaking has been transferred to a subsidiary Corporation under clause (1) of Article 17 has, at any time after the 25th day of March, 1971, or where a Custodian appointed under the Bangladesh Insurance (Emergency Provisions) Order, 1972 (P.O. No. 30 of 1972), in respect of such undertaking has- (a)\twilfully caused loss or damage to any property appertaining to the undertaking ; or (b)\tmisused any such property ; or (c)\tsold or disposed of any such property without consideration or for an inadequate consideration or made any payment to any person without consideration and the sale, disposal or payment was not reasonably necessary for the purpose of the insurance business of the insurer, the subsidiary Corporation may lodge a complaint with the Government in respect of such loss, damage, misuse, sale, disposal or payment, against those who were responsible for such loss, damage, misuse, sale, disposal or payment. (2) The Government may make such order against the parties complained against as it thinks just having regard to the extent to which those parties were respectively responsible for the loss, damage, misuse, sale, disposal or payment or benefited therefrom. (3) Where an application made to the Government under this Article is determined in favour of the subsidiary Corporation, the Government shall take such measures as may be necessary to enforce its order and any amount payable to the Corporation under the order may be recovered as arrear of land revenue.", "name": "", "related_acts": "381", "section_id": 21 }, { "act_id": 410, "details": "22. The Government shall give compensation to an insurer for such of his undertaking transferred to a subsidiary Corporation under clause (1) of Article 17 as has not already vested in the Government by or under any law, and such compensation shall be determined and distributed among the shareholders of the insurer in such manner as may be prescribed: Provided that the total compensation payable to an insurer under this Article shall not exceed the total paid up value of the shares held by the shareholders among whom such compensation is to be distributed.", "name": "", "related_acts": "", "section_id": 22 }, { "act_id": 410, "details": "23. (1) The controlling Corporation 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 every financial year showing the estimated receipts and expenditure during that financial year. (2) Every subsidiary Corporation shall, by such date in each year as may be prescribed, submit to the controlling Corporation 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 during that financial year.", "name": "", "related_acts": "", "section_id": 23 }, { "act_id": 410, "details": "24. Subject to the provisions of the Insurance Act, 1938 (Act IV of 1938), every subsidiary Corporation may invest its funds in such manner as may be approved by the controlling Corporation.", "name": "", "related_acts": "175", "section_id": 24 }, { "act_id": 410, "details": "25. Every 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": 25 }, { "act_id": 410, "details": "26. (1) Every Corporation shall maintain proper accounts and prepare annual statements of accounts, including the profit and loss account and balance sheet, and shall comply in respect of such accounts with such general directions as may be issued by the Government from time to time. (2) The accounts of every Corporation shall be audited by not less than two auditors being chartered accountants within the meaning of the Chartered Accountants Ordinance, 1961 (Ord. X of 1961), who shall be appointed by the Government in the case of the controlling Corporation and by the controlling Corporation in the case of a subsidiary Corporation. (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 of 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 and, in the case of audit of accounts of a subsidiary Corporation, also to the controlling Corporation 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 affairs of the Corporation 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, in the case of the controlling Corporation, or the controlling Corporation, in the case of a subsidiary Corporation, may, at any time, issue directions to the auditors requiring them to report to it upon the adequacy of measures taken by the Corporation concerned for the protection of the interest of the Government, or, as the case may be, of the controlling Corporation and of the creditors of the Corporation concerned or upon the sufficiency of the procedure in auditing the affairs of the Corporation concerned, 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 or, as the case may be, of the controlling Corporation so requires.", "name": "", "related_acts": "306", "section_id": 26 }, { "act_id": 410, "details": "27. Each life subsidiary Corporation shall, once at least in every two years, cause an investigation to be made by actuaries into the financial condition of' its business, including a valuation of its liabilities in respect thereto, and submit the report of the actuaries to the controlling Corporation and also to the Government.", "name": "", "related_acts": "", "section_id": 27 }, { "act_id": 410, "details": "28. (1) Every Corporation shall furnish to the Government and every subsidiary Corporation shall also furnish to the controlling Corporation such returns, reports and statements as the Government or, as the case may be, the controlling Corporation may from time to time require. (2) As soon as possible after the end of every financial year, every Corporation shall furnish to the Government and every subsidiary Corporation shall also furnish to the controlling Corporation a statement of accounts audited by the auditors under Article 26 together with an annual report in the prescribed form on the conduct of its affairs for that 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": 28 }, { "act_id": 410, "details": "29. Every subsidiary Corporation shall pay, each year to the controlling Corporation such sum as may be required by the controlling Corporation for the performance of its functions under this Order: Provided that such sum shall not exceed one per cent of the gross premium received by a general subsidiary Corporation and three per cent of the gross premium received by a life subsidiary Corporation.", "name": "", "related_acts": "", "section_id": 29 }, { "act_id": 410, "details": "30. (1) After making provision for bad and doubtful debts, depreciation of assets and any other matter determined by the Board, the controlling Corporation of a general subsidiary Corporation may, out of its net annual profits, establish a reserve fund and any surplus remaining thereafter shall be paid- (a)\tin the case of the controlling Corporation, to the Government or, if the Government so directs, be utilised for such purposes and in such manner as the Government may determine; (b)\tin the case of a general subsidiary Corporation, to the controlling Corporation. (2) If as a rsult of any investigation undertaken by a life subsidiary Corporation under Article 27 any surplus emerges, ninety-five per cent of such surplus or such higher percentage thereof as the Government may approve shall be allocated to or reserved for the life insurance policy-holders of the Corporation and the remainder shall be paid to the controlling Corporation.", "name": "", "related_acts": "", "section_id": 30 }, { "act_id": 410, "details": "31. Except to the extent otherwise expressly provided in this Order, on and from the commencement of this Order the general subsidiary Corporations shall have the exclusive privilege of carrying on general insurance business and the life subsidiary Corporation shall have the exclusive privilege of carrying on life insurance business in Bangladesh; and on and from such commencement any certificate of registration under the Insurance Act, 1938 (Act IV of 1938), held by any insurer immediately before such commencement shall cease to have effect in so far as it authorises him to carry on any insurance business.", "name": "", "related_acts": "175", "section_id": 31 }, { "act_id": 410, "details": "32. Where any property or right appertaining to the undertaking of an insurer is transferred to and vested in a subsidiary Corporation under clause (1) of Article 17 or would be so transferred and vested but for the fact that such transfer and vesting are governed otherwise than by the law of Bangladesh, the insurer shall comply with such directions as may be given to him by the subsidiary Corporation for the purpose of securing that the ownership of the property, or as the case may be, that the rights is effectively transferred to the Corporation.", "name": "", "related_acts": "", "section_id": 32 }, { "act_id": 410, "details": "33. The sums assured by all policies issued by the subsidiary Corporations including any bonuses declared in respect thereof and the sums assured by all policies issued to citizens of Bangladesh by any insurer the liabilities under which have vested in a subsidiary Corporation under this Order, and all bonuses declared in respect thereof, whether before or after the commencement of this Order, shall be guaranteed as to payment in cash by the Government.", "name": "", "related_acts": "", "section_id": 33 }, { "act_id": 410, "details": "34. 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.", "name": "", "related_acts": "", "section_id": 34 }, { "act_id": 410, "details": "35. An insurer, being a company the undertaking of which has vested in a subsidiary Corporation under clause (1) of Article 17, shall stand dissolved in Bangladesh on such date as the Government may, by notification in the official Gazette, appoint.", "name": "", "related_acts": "", "section_id": 35 }, { "act_id": 410, "details": "36. If any person wilfully withholds or fails to deliver to a subsidiary Corporation, as required by Article 20, any property or any book, document or other paper which may be in his possession or unlawfully retains in his possession any property of an insurer which has vested in a subsidiary Corporation under clause (1) of Article 17 or wilfully applies any such property to purposes other than those expressed in or authorised by this Order or fails to comply with any order of the Government made under clause (2) of Article 21, he shall, on the complaint of the subsidiary Corporation, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand taka or with both.", "name": "", "related_acts": "", "section_id": 36 }, { "act_id": 410, "details": "37. Nothing in this Order shall apply in relation toÔÇö (a)\tany insurer whose business is being voluntarily wound up or is being wound up under the orders of the court; (b)\tany insurer to whom the Insurance Act, 1938 (Act IV of 1938), does not apply by reason of the provisions contained in section 2B thereof; (c)\tpostal life insurance business; (d)\tany insurer, being a company incorporated under the law of any foreign country other than Pakistan carrying on life insurance business.", "name": "", "related_acts": "175", "section_id": 37 }, { "act_id": 410, "details": "38. No suit, prosecution or other legal proceeding shall lie against any Director, officer or employee of a Corporation for anything which is in good faith done or intended to be done under this Order.", "name": "", "related_acts": "", "section_id": 38 }, { "act_id": 410, "details": "39. Any dispute between the controlling Corporation and a subsidiary Corporation, or between two subsidiary Corporations, may be referred by any of the Corporations involved in the dispute to the Government whose decision shall be final.", "name": "", "related_acts": "", "section_id": 39 }, { "act_id": 410, "details": "40. The Government may, by general or special order in writing, direct that any power which by or under any of the provisions of this Order is conferred on it shall, subject to such conditions, if any, as may be specified in the Order, be exercisable also by the controlling Corporation.", "name": "", "related_acts": "", "section_id": 40 }, { "act_id": 410, "details": "41. The provisions of the Insurance Act, 1938 (Act IV of 1938) shall, as far as may be, apply to a Corporation as they apply to any other insurer.", "name": "", "related_acts": "175", "section_id": 41 }, { "act_id": 410, "details": "42. 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 difficulty.", "name": "", "related_acts": "", "section_id": 42 }, { "act_id": 410, "details": "43. (1) The Government may, by notification in the official Gazette, make rules for carrying 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 form and manner in which capital of a Corporation may be subscribed; (b)\tthe manner of appointment of a part time Director of the controlling Corporation; (c)\tthe terms and conditions of service of the Chairman and other Directors of the controlling Corporation; (d)\tthe powers, functions and duties of the Chairman and other Directors of a Corporation; (e)\tthe time and place at which meetings of a Board may be held; (f)\tthe manner in which compensation shall be determined and distributed; (g)\tthe form in which the annual report of a Corporation shall be prepared; (h)\tany other matter which has to be or may be prescribed.", "name": "", "related_acts": "", "section_id": 43 }, { "act_id": 410, "details": "44. (1) Every Corporation 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: Provided that regulations made by a subsidiary Corporation shall be forwarded to the Government, through the controlling Corporation, for approval and shall not also be inconsistent with the provisions of the regulations made by the controlling Corporation. (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": 44 } ], "text": "WHEREAS it is expedient to provide for the nationalisation of insurance business in Bangladesh by transferring all such business to certain corporations established for the purpose and to provide for the regulation and control of the business of the corporations 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": 411, "lower_text": [ "1 Clause (a) was inserted by section 3 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "2 The existing clause (a) was renumbered as clause (aa) by section 3 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "3 The colon (:) was substituted for the semi-colon (;) and thereafter the provisos were added by Article 2 of the Bangladesh Land Holding (Limitation) (Amendment) Order, 1972 (President’s Order No. 138 of 1972)", "4 The words, figures and comma “before the 20th day of February, 1972 ” were substituted for the words, figure and comma “five years before the 16th day of December, 1971” by Article 2 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)", "5 Clause (cc) was inserted by section 3 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "6 Clause (d) was substituted by Article 2 of the Bangladesh Land Holding (Limitation) (Amendment) Order, 1972 (President’s Order No. 138 of 1972)", "7 The words and comma “amended as aforesaid,” were omitted by Article 2 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)", "8 The words and comma “amended as aforesaid,” were omitted by Article 2 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)", "9 The words “or body” were inserted by section 4 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "10 The words “or body” were inserted by section 4 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "11 The words “or covered by orchards” were inserted by Article 3 of the Bangladesh Land Holding (Limitation) (Amendment) Order, 1972 (President’s Order No. 138 of 1972)", "12 The words, figures and comma “20th day of February, 1972” were substituted for the words, comma and figures “16th day of December, 1971” by Article 3 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)", "13 Article 5B was inserted by Article 5 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)", "14 Article 5A was inserted by Article 4 of the Bangladesh Land Holding (Limitation) (Amendment) Order, 1972 (President’s Order No. 138 of 1972)", "15 The words, figures and comma “15th day of August, 1972 ” were substituted for the words, figures and comma “20th day of February, 1972” by Article 4 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)", "16 The words, figures and comma “15th day of August, 1972 ” were substituted for the words, figures and comma “20th day of February, 1972” by Article 4 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)", "17 The words “or a body holding a total quantity of land in excess of one hundred standard bighas in the aggregate” were inserted by section 5 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "18 The commas and words “, out of the lands held by it,” were inserted by Article 6 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)", "19 The commas and words “, out of the lands actually held be it,” were omitted by Article 5 of the Bangladesh Land Holding (Limitation) (Amendment) Order, 1972 (President’s Order No. 138 of 1972)", "20 The words “or body” were inserted by section 5 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "21 Article 7 was renumbered as clause (1) by section 6 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "22 The words, figures, letters and comma “By the 31st day of January, 1973 ” were substituted for the words “Within sixty days from the date of commencement of this Order” by Article 6 of the Bangladesh Land Holding (Limitation) (Amendment) Order, 1972 (President’s Order No. 138 of 1972)", "23 The words, figures and comma “20th day of February, 1972” were substituted for the words, comma and figure “16th day of December, 1971” by Article 7 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)", "24 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by Article 2 of the Bangladesh Land Holding (Limitation) (Amendment) Order, 1973 (President’s Order No. 6 of 1973)", "25 The proviso was omitted by section 6 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "26 Clauses (2) and (3) were added by section 6 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "27 The words “or body” were inserted by section 7 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "28 The words “may be” were substituted for the words “shall stand” by Article 8 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)", "29 The full-stop (.) was substituted for the colon (:) and the proviso was omitted by Article 7 of the Bangladesh Land Holding (Limitation) (Amendment) Order, 1972 (President’s Order No. 138 of 1972)", "30 The words “or body” were inserted by section 7 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "31 The words “or body” were inserted by section 8 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "32 The words , figure and comma “or forfeiting any land under Article 8, as the case may be” were omitted by Article 9 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)", "33 The words “or body” were inserted by section 8 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "34 The words “accepting any excess land” were substituted for the words “accepting any excess land or forfeiting any land” by Article 9 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)", "35 Article 11 was substituted by Article 8 of the Bangladesh Land Holding (Limitation) (Amendment) Order, 1972 (President’s Order No. 138 of 1972)", "36 The words “Divisional Commissioner” were substituted for the word “Government” by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982)", "37 Clause (3) was substituted by section 4 and the Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982)", "38 The words “or body” were inserted by section 9 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "39 The words “or body” were inserted by section 9 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "40 The words, figures and brackets “vested in the Government under clause (2) of Article 10” were substituted for the words and figures “surrendered by a family and accepted under Article 10” by Article 10 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)", "41 The words “so vested” were substituted for the words “so accepted or vested” by Article 10 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)", "42 The words “so vested” were substituted for the words “so accepted or vested” by Article 10 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)", "43 The words “or body” were inserted by section 10 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "44 The words “or body” were inserted by section 11 of the Bangladesh Land Holding (Limitation) (Amendment) Ordinance, 1982 (Ordinance No. III of 1982)", "45 The words “or by any other officer authorised by him in writing in this behalf” were omitted by Article 10 of the Bangladesh Land Holding (Limitation) (Second Amendment) Order, 1972 (President’s Order No. 154 of 1972)" ], "name": "The Bangladesh Land Holding (Limitation) Order, 1972 (President's Order)", "num_of_sections": 27, "published_date": "15th August, 1972", "related_act": [ 86 ], "repelled": false, "sections": [ { "act_id": 411, "details": "1. (1) This Order may be called the Bangladesh Land Holding (Limitation) 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": 411, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- 1(a) \t“body” means body of individuals, whether incorporated or not, and includes any company, firm, society, association, organisation or authority, by whatever name called; 2(aa) \t“Deputy Commissioner” includes an Additional Deputy Commissioner or a Joint Deputy Commissioner; (b) \t“family” in relation to a person includes such person and his wife, son, unmarried daughter, son's wife, son's son and son's unmarried daughter 3: Provided that an adult and married son who has been living in a separate mess independently of his parents continuously since 4before the 20th day of February, 1972, and his wife, son and unmarried daughter shall be deemed to constitute a separate family: Provided further that in the cases of lands held under waqf, waqf-al-al-aulad debutter or any other trust where the beneficiaries have no right to alienate such lands as their personal property, all such beneficiaries together shall be deemed to constitute a separate family in relation to such lands; (c) “Government” means the Government of the People's Republic of Bangladesh; 5(cc) \t“head of a body” means a chairman, managing director, director, partner, manager, secretary or any other officer or agent of the body actively concerned in the conduct of the business or affairs thereof; 6(d) \t“head of a family” means- (i) \tin case other than those mentioned in the second proviso to clause (b), 7* * * the person, male or female, in relation to whom a family is determined by the Revenue-officer in the prescribed manner, and (ii) \tin the cases mentioned in the second proviso to clause (b), 8* * *, the Mutawalli, Sebait or trustee, as the case may be; (e) \t“land” includes land covered with water at any time of the year, benefits arising out of land and 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": "", "section_id": 2 }, { "act_id": 411, "details": "3. Notwithstanding anything to the contrary in any other law for the time being in force,- (a) \tno family 9or body shall be entitled to retain any land held by it in excess of one hundred standard bighas in the aggregate and all lands held by it in excess of that quantity shall be surrendered to the Government; and (b) \tno family 10or body shall be entitled to acquire any land by purchase, inheritance, gift, heba or otherwise which, added to the land already held by it exceeds one hundred standard bighas in the aggregate: Provided that the limitation imposed by clause (a) shall not apply to any land held under waqf, debuttor or any other religious or charitable trust, if the income from such land is exclusively dedicated to religious or charitable purposes without reservation of any pecuniary benefit for any individual: Provided further that if the income from any such land is partly dedicated to religious or charitable purposes and partly reserved for the pecuniary benefit of any individual, only such portion of the land, to be selected in the prescribed manner, shall be exempted from such limitation, as would yield the income exclusively dedicated to religious or charitable purposes.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 411, "details": "4. The Government may relax the limitations imposed by Article 3, to such extent and subject to such conditions as it thinks fit, in the following cases, namely:- (a)\ta co-operative society of farmers where the members thereof surrender their ownership in the lands unconditionally to the society and cultivate the lands themselves; (b) \tland used for cultivation of tea, rubber or coffee 11or covered by orchards; (c)\tan industrial concern holding land for the production of raw materials for manufacture of commodities in its own factories; (d) \tany other case where such relaxation is considered necessary in the public interest.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 411, "details": "5. For the purpose of clause (a) of Article 3, a family shall be deemed to be holding land in excess of one hundred standard bighas, if the aggregate of the total quantity of land held by all the members of the family on the date of submission of the statement under Article 7, together with the total quantity of land, if any, transferred by them after the 1220th day of February, 1972, and before the date of submission of such statement exceeds one hundred standard bighas and the limitation imposed by that clause shall be applied to such family on the basis of such aggregate.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 411, "details": "135B. Notwithstanding anything contained in Articles 5 and 5A, if, in the opinion of the Government, any member of a family, holding land in excess of one hundred standard bighas within the meaning of Article 5, transfer any land after the 20th day of February, 1972, and before the 16th day of August, 1972, by a written instrument duly registered, with a view to avoiding the surrender of excess lands to the Government, the Government may pass an order declaring such transfer void.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 411, "details": "145A. Notwithstanding anything contained in any other law for the time being in force or in any contract or agreement, all transfers of land made by any member of a family, holding land in excess of one hundred standard bighas within the meaning of Article 5, after the 1515th day of August, 1972, and before the date of submission of the statement under Article 7, and also all transfers of land made by any member of any such family on or before the 1615th day of August, 1972, otherwise than by written instruments duly registered before the said date shall be void. Explanation - For the purposes of Article 5 and this Article, “transfer” includes a transfer effected in consequence of a decree of a Civil Court in a suit for the specific performance of a contract or for declaration of title or for enforcement of a mortgage security except where the mortgagee is the Government, a local authority, a scheduled bank or a co-operative society, but does not include a transfer in favour of the Government.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 411, "details": "6. A family holding a total quantity of land in excess of one hundred standard bighas in the aggregate within the meaning of Article 5 17or a body holding a total quantity of land in excess of one hundred standard bighas in the aggregate shall have the option to select 18, out of the lands held by it, 19* * * the lands to be surrendered to the Government being in excess of one hundred standard bighas: Provided that all lands mortgaged to the Government, the Agricultural Development Corporation, the Agricultural Development Bank, the House Building Finance Corporation or a Co-operative Society shall be included within the quantity of land which the family 20or body is entitled to retain under this Order, to the extent they can be covered by such quantity, and shall not be so surrendered.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 411, "details": "7. 21(1) 22 By the 31st day of January, 1973, the head of every family holding land in excess of one hundred standard bighas within the meaning of Article 5, shall submit to the Revenue-officer, within whose jurisdiction he resides, a statement, in such form and manner as may be prescribed, showing the particulars of all lands- (i) \theld by all the members of the family on the date of submission of the statement, (ii) \ttransferred by them after the 23 20th day of February, 1972, and (iii)\tthe family chooses to surrender to the Government as provided in Article 6 24: 25* * * 26(2) By the 31st day of January, 1973, the head of a body holding land in excess of one hundred standard bighas shall submit to the Revenue-officer, within whose jurisdiction he resides or the body has its principal office or ordinarily carries on its business, a statement, in such form and manner as may be prescribed, showing the particulars of all lands- (i) \theld by the body on the date of submission of the statement, and (ii)\tthe body chooses to surrender to the Government as provided in Article 6. (3) The Government may extend the time for submission of statements under this Article in all cases or in any particular case or class of cases or in respect of any area up to such date as it thinks fit.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 411, "details": "8. If any head of a family 27or body fails, without any reasonable cause, to submit the statement required under Article 7, within the time mentioned therein or wilfully makes any omission from, or incorrect declaration in, the statement submitted by him under that Article, he shall be punishable with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand taka, or with both and the land for which no statement has been submitted or which has been omitted from the statement or in respect of which the incorrect declaration has been made 28may be, forfeited to the Government 29. * * *", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 411, "details": "9. Any person may furnish to the Revenue-officer the name and address of any head of a family 30or body which, according to his information and belief, holds land in excess of one hundred standard bighas.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 411, "details": "10. (1) On receipt of a statement under Article 7 or of information under Article 9, the Revenue-officer shall have such statement or information verified by necessary enquiries and shall, after giving the parties concerned an opportunity of being heard, pass an order accepting the excess lands surrendered by a family 31or body 32* * *: Provided that where a family 33or body does not exercise its option to select the lands to be surrendered to the Government or the option so exercised does not conform to the provisions of Article 6, the Revenue-officer shall make such selection himself in the prescribed manner. (2) An order of the Revenue-officer under clause (1) 34accepting any excess land shall contain the full particulars of such land and upon the passing of such order, such land shall, subject to the provision of Article 11, vest in the Government free from all encumbrances.", "name": "", "related_acts": "", "section_id": 12 }, { "act_id": 411, "details": "3511. (1) An appeal against an order passed by the Revenue-officer under clause (1) of Article 10, if preferred within thirty days of the date of such order, shall lie to the Deputy Commissioner. (2) An appeal against an order passed by the Deputy Commissioner on an appeal under clause (1), if preferred within thirty days of the date of such order, shall lie to the 36Divisional Commissioner. 37(3) A revision petition against the order of the Divisional Commissioner may be presented before the Board of Land Administration within one month from the date of passing of the order and the decision of the Board of Land Administration in this behalf shall be final.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 411, "details": "12. All lands acquired by any family 38or body in excess of one hundred standard bighas after the date of commencement of this Order, or where a family 39or body has submitted the statement under Article 7, after the date of submission of such statement, otherwise than by inheritance, shall stand forfeited to the Government, and where any such excess land is acquired by inheritance, it shall vest in the Government free from all encumbrances.", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 411, "details": "13. The Government shall pay compensation for all excess lands 40vested in the Government under clause (2) of Article 10, and also for all excess lands acquired by a family by inheritance which have vested in the Government under Article 12, at the following rates, namely:- (a) \twhere the total quantity of land 41so vested does not exceed fifty standard bighas, twenty per centum of the market value of such land; and (b)\twhere the total quantity of land 42so vested exceeds fifty standard bighas,- (i)\tfor fifty standard bighas, twenty per centum of the market value of such land, and (ii) \tfor the balance, ten per centum of the market value of such land: Provided that the family 43or body shall be given the choice to select the lands for the purpose of assessment of compensation under sub-clause (i) of clause (b): Provided further that no compensation shall be payable for any excess land acquired by a family by inheritance which has vested in the Government under Article 12, unless the head of the family submits the full particulars of such land to the Revenue-officer within thirty days of such acquisition.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 411, "details": "14. The amount of compensation assessed as payable to a family 44or body under Article 13 shall be paid in cash up to ten thousand taka and the balance, if any, shall be paid in savings certificates.", "name": "", "related_acts": "", "section_id": 16 }, { "act_id": 411, "details": "15. The assessment and payment of compensation under Articles 13 and 14 shall be made by the Revenue-officer in such manner as may be prescribed.", "name": "", "related_acts": "", "section_id": 17 }, { "act_id": 411, "details": "16. (1) An appeal against an order of the Revenue-officer assessing compensation under Article 15, if preferred within thirty days of the date of such order, shall lie to the Deputy Commissioner. (2) An appeal against an order passed by the Deputy Commissioner under clause (1), if preferred within thirty days of the date of such order, shall lie to the District Judge and the order of the District Judge on such appeal shall be final.", "name": "", "related_acts": "", "section_id": 18 }, { "act_id": 411, "details": "17. Except as provided in clause (2) of Article 16, any order passed, any action taken or anything done under the provisions of this Order shall not be called in question in any Court.", "name": "", "related_acts": "", "section_id": 19 }, { "act_id": 411, "details": "18. No Court shall take cognizance of an offence punishable under Article 8, except upon a complaint in writing made by the Revenue-officer 45* * *.", "name": "", "related_acts": "", "section_id": 20 }, { "act_id": 411, "details": "19. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Order or any rules made thereunder.", "name": "", "related_acts": "", "section_id": 21 }, { "act_id": 411, "details": "20. A Revenue-officer may, at any time between the hours of sunrise and sunset, enter upon any land, with such officers or servants as he considers necessary, and make a survey or take measurement thereof or do any other acts which he considers to be necessary for carrying out any of his duties under this Order.", "name": "", "related_acts": "", "section_id": 22 }, { "act_id": 411, "details": "21. (1) A Revenue-officer may, for the purposes of this Order, by notice require any person to make or deliver to him a statement or to produce records or documents in his possession or control relating to any land at a time and place specified in the notice. (2) Every person required to make or deliver a statement or to produce any record or document under clause (1) shall be deemed legally bound to do so within the meaning of sections 175 and 176 of the Penal Code (Act XLV of 1860).", "name": "", "related_acts": "", "section_id": 23 }, { "act_id": 411, "details": "22. For the purposes of any enquiry under this Order, a Revenue-officer shall have power to summon and enforce the attendance of witnesses or of any person having an interest in any land and to compel the production of documents by the same means and, so far as may be, in the same manner as is provided in the case of Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908).", "name": "", "related_acts": "86", "section_id": 24 }, { "act_id": 411, "details": "23. The Government may, by notification in the official Gazette, direct that any power conferred or duty imposed by this Order upon it shall, in such circumstances and under such conditions, if any, as may be specified in such notification, be exercised or performed by any officer or authority subordinate to it.", "name": "", "related_acts": "", "section_id": 25 }, { "act_id": 411, "details": "24. Notwithstanding anything contained in this Order or in any other law for the time being in force, the Government may, by notification in the official Gazette, at any time, further reduce the maximum quantity of land that may be held by a family in Bangladesh under this Order, and when such further reduction is made, compensation shall be paid for all excess lands that may be surrendered to, or may vest in, the Government in consequence of such reduction at the rates specified in Article 13 and all the other provisions of this Order shall, as far as may be, apply to all matters relating to such reduction.", "name": "", "related_acts": "", "section_id": 26 }, { "act_id": 411, "details": "25. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Order.", "name": "", "related_acts": "", "section_id": 27 } ], "text": "WHEREAS it is expedient to provide for the reduction of the maximum quantity of land that may be held by a family or a body in Bangladesh 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": 412, "lower_text": [ "1 Throughout this order the words “Bangladesh Scouts” were substituted for the words “Bangladesh Boy Scouts Samity” or “Samity” by section 2 of the Bangladesh Boy Scouts Samity (Amendment) Ordinance, 1978 (Ordinance No. LIV of 1978)", "2 The commas and words “, which shall be referred to as the Samity in this Order,” were omitted by section 3 of the Bangladesh Boy Scouts Samity (Amendment) Ordinance, 1978 (Ordinance No. LIV of 1978)", "3 The word and figure “Article 4” was substituted for the word and figure “Article 3” by section 3 of the Bangladesh Boy Scouts Samity (Amendment) Ordinance, 1978 (Ordinance No. LIV of 1978)", "4 The words and comma “for the purpose of the Samity,” were omitted by section 3 of the Bangladesh Boy Scouts Samity (Amendment) Ordinance, 1978 (Ordinance No. LIV of 1978)" ], "name": "The Bangladesh Scouts Order, 1972 (President's Order)", "num_of_sections": 8, "published_date": "11th September, 1972", "related_act": [], "repelled": false, "sections": [ { "act_id": 412, "details": "1. (1) This Order may be called the Bangladesh Scouts 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": 412, "details": "2. The Bangladesh Scouts 2* * * shall be a body corporate having perpetual succession and a common seal, with power, subject to the rules made or deemed to have been made under 3Article 4, to acquire, hold and dispose of property, movable or immovable, 4* * * and shall by the said name sue and be sued.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 412, "details": "3. On the commencement of this Order, notwithstanding anything contained in any other law for the time being in force, all the assets and liabilities of the Pakistan Boy Scouts Association in Bangladesh shall stand transferred to the Bangladesh Scouts.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 412, "details": "4. The constitution, powers and functions of the Bangladesh Scouts be such as may be prescribed by rules to be made by the Bangladesh Scouts with the previous approval of the Government, and until such rules are made, the rules of the Pakistan Boy Scouts Association and in force immediately before the commencement of this Order shall continue to be in force and be deemed to have been made under this Order.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 412, "details": "5. The Bangladesh Scouts shall have the sole and exclusive right to have and to use all emblems, badges, uniforms and decorations descriptive or designating marks and titles, now or heretofore used by the Bangladesh Scouts and also the title “Boy Scouts” or (saving the title of any unit of the Armed Forces of Bangladesh or any Forces attached to or serving with such Forces), any title containing the word “Scout” or any grammatical variation thereof, and shall also have the sole and exclusive rights to manufacture, have or designating mark or title hereafter adopted by the Bangladesh Scouts for carrying out its objects.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 412, "details": "6. (1) Whoever contravenes any provision of Article 5 shall be punishable with fine. (2) If such contravention is committed by a company, Association or body of individuals, every member thereof who is knowingly a pary to the contravention shall be deemed to be guilty of such contravention.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 412, "details": "7. Nothing in this Order shall affect the right of any person to continue to use for a period of two months from the commencement of this Order any sign which it was not unlawful for him to use immediately before the commencement of this Order.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 412, "details": "8. The Pakistan Boy Scouts Association Ordinance, 1959 (Ordinance No. XLIII of 1959), is hereby repealed.", "name": "", "related_acts": "", "section_id": 8 } ], "text": "WHEREAS it is expedient to incorporate the Bangladesh Scouts and to provide for certain matters connected therewith;1♣ 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": 413, "lower_text": [], "name": "The Pakistan Television Corporation (Taking Over) Order, 1972 (President's Order)", "num_of_sections": 12, "published_date": "15th September, 1972", "related_act": [], "repelled": false, "sections": [ { "act_id": 413, "details": "1. (1) This Order may be called the Pakistan Television Corporation (Taking Over) Order, 1972. (2) It shall come into force at once.", "name": "", "related_acts": "", "section_id": 1 }, { "act_id": 413, "details": "2.\tIn this Order, unless there is anything repugnant in the subject or context,ÔÇö (a)\t“Government” means the Government of the People's Republic of Bangladesh; (b)\t“Television Corporation” means the Pakistan Television Corporation Limited.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 413, "details": "3. The provisions of this Order shall have effect notwithstanding anything inconsistent therewith contained in any other law for time being in force or in any memorandum or articles of association or in any contract, deed or other instrument.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 413, "details": "4. On the commencement of this Order, the entire undertaking of the Television Corporation in Bangladesh shall, stand transferred to, and vested in, the Government.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 413, "details": "5. (1) The undertaking of the Television Corporation in Bangladesh shall be deemed to include all assets, rights, powers, authorities and privileges and all properties, movable and immovable, including lands, buildings, projects, stores, instruments, machinery, automobiles and other vehicles, cash balances, bank deposits, reserve funds, investments and all other rights and interest 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 Television Corporation in relation to its undertaking in Bangladesh and all books of account, registers, records and all other documents of whatever nature relating thereto and shall, unless the Government otherewise directs, also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the Television Corporation in relation to such undertaking. (2) Unless the Government otherewise directs, all contracts, deeds, bonds, agreements and other instruments of whatever nature subsisting or having effect immediately before the commencement of this Order and to which the Television Corporation is a party or which are in favour of the Television Corporation shall, in so far as they relate to the undertaking of the Television Corporation in Bangladesh, be of as full force and effect against or in favour of the Government, and may be inforced or acted upon as fully and effectually as if in the place of the Television Corporation the Government had been a party thereto or as if they had been issued in favour of the Government. (3) Unless the Government otherwise directs, all suits, appeals and other proceedings of whatever nature instituted, before the commencement of this Order, by or against the Television Corporation in relation to its undertakings in Bangladesh shall, on such commencement, be deemed to have been instituted by or against the Government and may be continued or proceeded with accordingly.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 413, "details": "6. (1) Every officer or other employee of the Television Corporation in Bangladesh shall, on the commencement of this Order become an officer or other employee, as the case may be, of the Government and shall hold his office or service in the Government on such terms and conditions as may be determined by the Government or, until so determined, on the same terms and conditions as were applicable to him immediatley before the commencement of this Order: Provided that an officer or other employee may, within such time as may be specified by the Government, exercise his option, not to continue in the service of the Government. (2) The transfer of service of any officer or other employee of the Television Corporation to the Government under clause (1) shall not entitle any such officer or other empoyee to any compensation and no such claim shall be entertained by any Court, tribunal or other authority.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 413, "details": "7. (1) Where any property has vested in the Government under Article 4, every person, in whose possession or custody or under whose control the property may be, shall deliver the property to the Government forthwith. (2) Any person who, on the commencement of this Order, has in his possession or custody or under his control any books, documents or other papers relating to the undertaking which has vested in the Government under Article 4 shall deliver them to the Government or to such person as the Government may direct. (3) The Government may take all necessary steps for securing possessions of all properties which have vested in the Government under Article 4.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 413, "details": "8. The Government shall give compensation to the Television Corporation for such of its undertaking transferred to the Government under Article 4 as has not already vested in the Government by or under any law, and such compensation shall be determined and distributed among the shareholders of the Television Corporation in such manner as may be prescribed: Provided that the total compensation payable to the Television Corporation under this Article shall not exceed the total paid up value of the shares held by the shareholders among whom such compensation is to be distributed.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 413, "details": "9. The Government shall manage and administer the affairs of the undertaking vested in it under Article 4 in such manner as it deems fit.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 413, "details": "10. If any person wilfully witholds or fails to deliver to the Government as required by Article 6, any property or any book, document or other paper which may be in his possession or unlawfully retains in his possession any property of the Television Corporation which has vested in the Government under Article 4, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 413, "details": "11. No suit, prosecution or other legal proceeding shall lie against the Government or an officer or other employee serving in connection with the affairs of the undertaking vested in the Government under Article 4 for anything which is in good faith done or intended to be done under this Order.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 413, "details": "12. The Government may, by notifiction in the offical Gazette, make rules for carrying out the purposes of this Order.", "name": "", "related_acts": "", "section_id": 12 } ], "text": "WHEREAS in the public interest it is expedient that the Government should take over the undertaking of the Pakistan Television Corporation Limited in Bangladesh to ensure better operation of television services; 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": 414, "lower_text": [ "1 The words “or appointment of Administrator” were inserted by section 2 of The Bangladesh Committee of Management (Temporary Arrangement) (Amendment) Act, 1973 (Act No. XXIX of 1973)", "2 The commas and words “, document, by whatever name called” were inserted by section 3 of the Bangladesh Committee of Management (Temporary Arrangement) (Amendment) Act, 1973 (Act No. XXIX of 1973)", "3 The word “document” was inserted by section 4 of the Bangladesh Committee of Management (Temporary Arrangement) (Amendment) Act, 1973 (Act No. XXIX of 1973)", "4 The words “or Administrator” were inserted by section 4 of the Bangladesh Committee of Management (Temporary Arrangement) (Amendment) Act, 1973 (Act No. XXIX of 1973)", "5 The words “or Administrator” were inserted by section 4 of the Bangladesh Committee of Management (Temporary Arrangement) (Amendment) Act, 1973 (Act No. XXIX of 1973)", "6 The comma and word “, document” were inserted by section 5 of the Bangladesh Committee of Management (Temporary Arrangement) (Amendment) Act, 1973 (Act No. XXIX of 1973)", "7 The word and figure “Article 3” were substituted for the word and figure “Article 1” by section 6 of the Bangladesh Committee of Management (Temporary Arrangement) (Amendment) Act, 1973 (Act No. XXIX of 1973)", "8 The comma and word “, document” were inserted by section 6 of the Bangladesh Committee of Management (Temporary Arrangement) (Amendment) Act, 1973 (Act No. XXIX of 1973)", "9 The comma and word “, document” were inserted by section 6 of the Bangladesh Committee of Management (Temporary Arrangement) (Amendment) Act, 1973 (Act No. XXIX of 1973)", "10 The comma and word “, document” were inserted by section 6 of the Bangladesh Committee of Management (Temporary Arrangement) (Amendment) Act, 1973 (Act No. XXIX of 1973)", "11 Article 5A was inserted by section 7 of the Bangladesh Committee of Management (Temporary Arrangement) (Amendment) Act, 1973 (Act No. XXIX of 1973)" ], "name": "The Bangladesh Committee of Management (Temporary Arrangement) Order, 1972 (P.O.)", "num_of_sections": 8, "published_date": "21st September, 1972", "related_act": [ 10 ], "repelled": false, "sections": [ { "act_id": 414, "details": "1. (1) The Order may be called the Bangladesh Committee of Management (Temporary Arrangement) 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": 414, "details": "2. In this Order, unless there is anything repugnant in the subject or context,ÔÇö (a)\t“committee of management” includes a Board, council or committee by whatever name called, in which the power of management of an institution is vested;\t(b)\t“institution” includes an institution, organisation or association whether educational, cultural, social or charitable, set up at any time before the 1st January, 1972 under any law for the time being in force or by any rule, bye-law 2, document, by whatever name called or memorandum of association registered under the Societies Registration Act, 1860 (Act XXI of 1860), or not; and (c)\t“Government” means the Government of the People's Repu-blic of Bangladesh.", "name": "", "related_acts": "10", "section_id": 2 }, { "act_id": 414, "details": "3. (1) Notwithstanding anything contained in any other law for the time being in force, or in any rule, regulation, bye-law, 3document or in any memorandum or articles of association, or any deed or instrument, the Government may, if it is of opinion that it is necessary in the public interest, so to do, by an order in writing, dissolve a committee of management of an institution and appoint an Ad hoc Committee 4or Administrator for that institution. (2) Upon the appointment of such Ad hoc Committee 5or Administrator, the Committee of management, shall stand dissolved. (3) An Ad hoc Committee appointed under clause (1) shall consist of such number of members as may be specified in the order and one such member may be appointed by the Government as Chairman of the Ad hoc Committee.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 414, "details": "4. The members of the Ad hoc Committee shall, unless sooner replaced by another Ad hoc Committee, hold office until replaced by a Committee of management of the institution elected, nominated or appointed under the appropriate provision of law, rule, bye-law 6, document or memorandum of association, as the case may be.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 414, "details": "5. (1) On the dissolution of Committee of management, the Ad hoc Committee appointed under 7Article 3 shall exercise all powers, perform all functions and enjoy all privileges as were exercisable, performable or enjoyable by the Committee of management. (2) Notwithstanding anything to the contrary contained in any law, rule, bye-law, 8, document memorandum of association, an Ad hoc Committee of an institution set up by any rule, bye-law 9, document or memorandum of association whether registered under the Societies Registration Act, 1860 (Act XXI of 1860), or not, shall, with the approval of Government, have power to make necessary amendments in such rule, bye-law 10, document or memorandum of association.", "name": "", "related_acts": "10", "section_id": 5 }, { "act_id": 414, "details": "115A. (1) Notwithstanding anything to the contrary contained in any law, rule, bye-law, document or memorandum of association, an Administrator, appointed under clause (1) of Article 3, shall- (a) \tbe the chief executive of the institution for which he is appointed; (b)\thold office for such period and on such terms and conditions, and exercise such powers, perform such functions and discharge such duties, as the Government may determine; (c)\thave power to make, with the approval of the Government, necessary amendment in any such rule, bye-law, document or memorandum of association, as the case may be. (2) The Government may appoint a committee consisting of not more than five members to assist and advice the Administrator in the exercise of his powers, performance of his functions and discharge of his duties. (3) It shall be the duty of an Administrator to take such steps as may be necessary for the reconstitution of the Committee of Management of the institution in accordance with the rule, bye-law, document or memorandum of association within such time as the Government may direct.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 414, "details": "6. An Ad hoc Committee appointed by or under the authority of the Government at any time after the 16th December, 1971 shall be deemed to have been appointed under this Order.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 414, "details": "7. No Court shall entertain any suit or proceeding calling into question any action taken or deemed to have been taken under this Order.", "name": "", "related_acts": "", "section_id": 8 } ], "text": "WHEREAS it is expedient, as a temporary arrangement, to provide for constitution of certain Committees of management 1or appointment of Administrator with a view to providing for proper functioning and where necessary for reconstitution of various institutions constituted prior to independence; 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": 415, "lower_text": [ "1 The preamble was substituted by section 2 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "2 Clause (cc) was inserted by section 3 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "3 The words “notes and coins” were substituted for the word “notes” by section 2 of the Bangladesh Bank (Amendment) Act, 1994 (Act No. XIV of 1994)", "4 Clause (dd) was inserted by section 3 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "5 Clause (ee) was inserted by section 3 of the Bangladesh Bank (Amendment) Act, 1994 (Act No. XIV of 1994)", "6 The words, comma, brackets and figures “সমবায় সমিতি আইন, ২০০১ (২০০১ সনের ৪৭ নং আইন)” were substituted for the words, comma, brackets and figures “Co-operative Societies Act, 1912 (Act II 1912)” by section 3 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "7 Clause (gg) was inserted by section 3 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "8 Clause (l) was substituted by section 2 of the Bangladesh Bank (Amendment) Act, 1989 (Act No. I of 1989)", "9 Article 7A was inserted by section 4 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "10 Clause (2) was substituted by section 5 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "11 Clause (1) was omitted by section 6 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "12 The words “The general superintendence” were substituted for the words “Subject to any such direction the general superintendence” by section 6 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "13 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 2 of the Bangladesh Bank (Amendment) Ordinance, 1976 (Ordinance No. LVI of 1976)", "14 Clause (3) was substituted by section 2 of the Bangladesh Bank (Amendment) Act, 1975 (Act No. XXXIII of 1975)", "15 The words “four Directors who will not be Government officials” were substituted for the words “four Directors” by section 6 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "16 Article 9A was inserted by section 7 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "17 The words “by the Government” were inserted by section 3 of the Bangladesh Bank (Amendment) Act, 1975 (Act No. XXXIII of 1975)", "18 The words “by the Government” were inserted by section 3 of the Bangladesh Bank (Amendment) Act, 1975 (Act No. XXXIII of 1975)", "19 Clause (5) was substituted by section 8 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "20 The colon (:) was substituted for the full-stop (.) and the proviso was omitted by section 2 of the Bangladesh Bank (Amendment) Ordinance, 2024 (Ordinance No. I of 2024).", "21 Clause (7) was substituted by section 8 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "22 The words “Governor or Deputy Governor” were substituted for the word “Governor” by section 8 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "23 The words “or a Deputy Governor” were omitted by section 2 of the Bangladesh Bank (Amendment) Ordinance, 1986 (Ordinance No. XX of 1986)", "24 Sub-clause (a) was substituted by section 8 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "25 The words “banking company or financial institution” were substituted for the word “bank” by section 8 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "26 The words “Governor or Deputy Governor” were substituted for the word “Governor” by section 8 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "27 The words “or the Deputy Governor” were omitted by section 2 of the Bangladesh Bank (Amendment) Ordinance, 1986 (Ordinance No. XX of 1986)", "28 Sub-clause (d) was substituted by section 8 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "29 Sub-clauses (e), (f) and (g) were added by section 8 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "30 The words “or a Deputy Governor” were omitted by section 2 of the Bangladesh Bank (Amendment) Ordinance, 1986 (Ordinance No. XX of 1986)", "31 The words and commas “or a Deputy Governor, as the case may be,” were omitted by section 2 of the Bangladesh Bank (Amendment) Ordinance, 1986 (Ordinance No. XX of 1986)", "32 Clause (3) was substituted by section 3 of the Bangladesh Bank (Amendment) Ordinance, 1976 (Ordinance No. LVI of 1976)", "33 Clause (1) was substituted by section 4 of the Bangladesh Bank (Amendment) Ordinance, 1976 (Ordinance No. LVI of 1976)", "34 Clause (2) was omitted by section 4 of the Bangladesh Bank (Amendment) Ordinance, 1976 (Ordinance No. LVI of 1976)", "35 Sub-clauses (a) and (b) were substituted by section 9 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "36 The words “banking company” were substituted for the word “bank” by section 9 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "37 The words “any banking company or financial institution” were substituted for the words “any bank other than the Bank” by section 9 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "38 The words, comma, figures and brackets সমবায় সমিতি আইন, ২০০১ (২০০১ সনের ৪৭ নং আইন) were substituted for the words, comma and figures “Co-operative Societies Act, 1912” by section 9 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "39 The word “or” and sub-clause (h) were added by section 9 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "40 The brackets and letter “(d)” were substituted for the brackets and letter “(c)” by section 5 of the Bangladesh Bank (Amendment) Ordinance, 1976 (Ordinance No. LVI of 1976)", "41 The brackets and letter “(c)” were substituted for the brackets and letter “(b)” by section 6 of the Bangladesh Bank (Amendment) Ordinance, 1976 (Ordinance No. LVI of 1976)", "42 The brackets and letter “(d)” were substituted for the brackets and letter “(c)” by section 6 of the Bangladesh Bank (Amendment) Ordinance, 1976 (Ordinance No. LVI of 1976)", "43 The words “a Deputy Governor” were substituted for the words “the Deputy Governor” by section 7 of the Bangladesh Bank (Amendment) Ordinance, 1976 (Ordinance No. LVI of 1976)", "44 The words “a Deputy Governor” were substituted for the words “the Deputy Governor” by section 7 of the Bangladesh Bank (Amendment) Ordinance, 1976 (Ordinance No. LVI of 1976)", "45 The words “a Deputy Governor” were substituted for the words “the Deputy Governor” by section 7 of the Bangladesh Bank (Amendment) Ordinance, 1976 (Ordinance No. LVI of 1976)", "46 The words “a Director” were substituted for the words “the Director” by section 7 of the Bangladesh Bank (Amendment) Ordinance, 1976 (Ordinance No. LVI of 1976)", "47 Clause (1) was substituted by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "48 Clause (1A) was omitted by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "49 Sub-clause (i) of the Explanation was substituted by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "50 The words, comma, figures and brackets ”ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন)”were substituted for the words, comma, figures and brackets “Banking Companies Ordinance, 1962 (LVII of 1962)” by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "51 The words, brackets and figures “sub-section (2) of section 109 of the said Act of 1991” were substituted for the words, brackets and figures “sub-section (1) of section 83 of the said Ordinance” by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "52 The words, brackets and figure “sub-section (7) of section of the said section” were substituted for the words, brackets and figure “sub-section (5) of section of the said Ordinance” by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003).", "53 The words and figure “section 111 of the said Act” were substituted for the words and figure “section 84 of the said Ordinance” by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "54 Sub-clause (d) was added by section 10 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "55 Clause (13A) was inserted by section 2 of the Bangladesh Bank (Amendment) Act, 1990 (Act No. XVII of 1990)", "56 Clause (21) was substituted by section 2 of the Bangladesh Bank (Amendment) Ordinance, 1982 (Ordinance No. XXV of 1982)", "57 Article 18 was substituted by section 11 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "58 Clause (2) was omitted by section 12 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "59 Clause (7) was omitted by section 5 of the Bangladesh Bank (Amendment) Act, 1975 (Act No. XXXIII of 1975)", "60 Article 22 was substituted by section 13 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "61 The comma and words “, Asian Monetary Units” were inserted by section 2 of the Bangladesh Bank (Amendment) Act, 1974 (Act No. LXXII of 1974)", "62 The comma and words “, Islamic Dinars” were inserted by section 6 of the Bangladesh Bank (Amendment) Act, 1975 (Act No. XXXIII of 1975)", "63 Clause (2) was substituted by section 2 of the Bangladesh Bank (Second Amendment) Ordinance, 1978 (Ordinance No. XLI of 1978)", "64 The words and commas “Special Drawing Rights, Asian Monetary Units,” were inserted by section 3 of the Bangladesh Bank (Amendment) Act, 1974 (Act No. LXXII of 1974)", "65 The comma and words “, Islamic Dinars” were inserted by section 7 of the Bangladesh Bank (Amendment) Act, 1975 (Act No. XXXIII of 1975)", "66 The brackets and letter “(a)” were substituted for the brackets and figure “(2)” by section 3 of the Bangladesh Bank (Amendment) Act, 1974 (Act No. LXXII of 1974)", "67 The word “ten” was substituted for the word “five” by section 3 of the Bangladesh Bank (Amendment) Act, 1989 (Act No. I of 1989)", "68 Clauses (1) and (2) were substituted by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "69 Clauses (2A) and (2B) were omitted by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "70 Clause (4) was substituted by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "71 The words “at the increased rate of five per cent above the Bank Rate” were omitted by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "72 The words “Taka one lakh” were substituted for the words “Taka five hundred” by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "73 The words “Taka one lakh” were substituted for the words “Taka five hundred” by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "74 The words “Taka one lakh” were substituted for the words “Taka five hundred” by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "75 The Explanation was omitted by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "76 The words “Taka twenty five thousand” were substituted for the words “Taka one hundred” by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "77 The words “Taka ten lakh” were substituted for the words “Taka one thousand” by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "78 The words, brackets, figures and comma “as defined in clause (c) of section 5 of the Banking Companies Ordinance, 1962” were omitted by section 15 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "79 The words, figures, comma and brackets “an amount not less than that required to be maintained under ধারা ১৩ of ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন)\"were substituted for the words “not less than Taka fifty lakhs” by section 14 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "80 Sub-clause (b) was substituted by section 15 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "81 Article 38A was inserted by section 16 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "82 Article 39 was substituted by section 17 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "83 The words, brackets letters and figure “clause (cc) of article 2 of this Order” were substituted for the words, figures, brackets and comma “section 5 of the Banking Companies Ordinance, 1962 (LVII of 1962)” by section 18 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "84 The words “other authority except Parliament” were substituted for the words “other authority” by section 19 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "85 The words “Taka five lakh” were substituted for the words “Taka two thousand” by section 19 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "86 The words “Taka one lakh” were substituted for the words “Taka one thousand” by section 18 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "87 The comma and words “, not exceeding fifty per cent.” were omitted by section 3 of the Bangladesh Bank (Amendment) Ordinance, 1982 (Ordinance No. XXV of 1982)", "88 Article 70 was substituted by section 22 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "89 Article 74 was substituted by section 9 of the Bangladesh Bank (Amendment) Act, 1975 (Act No. XXXIII of 1975)", "90 The words “Taka five lakh” were substituted for the words “Taka five hundred” by section 23 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "91 The words and commas “and, if not prejudicial to the public interest, make public,” were omitted by section 10 of the Bangladesh Bank (Amendment) Act, 1975 (Act No. XXXIII of 1975)", "92 The words “The Board” were substituted for the words “Subject to the approval of the Government the Board” by section 24 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)", "93 Clause (2A) was inserted by section 24 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003)" ], "name": "The Bangladesh Bank Order, 1972 (President's Order)", "num_of_sections": 78, "published_date": "31st October, 1972", "related_act": [ 876, 781, 46, 77, 47, 405, 86, 24, 218, 220 ], "repelled": false, "sections": [ { "act_id": 415, "details": "1. (1) This Order may be called the Bangladesh Bank 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": 415, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a) “appointed day” means the 16th day of December, 1971; (b) “approved foreign exchange” means currencies declared as such by any notification under Article 18; (c) “Bank” means the Bangladesh Bank; 2 (cc) “banking company” means \"ব্যাংক কোম্পানী\" defined in দফা (ণ) of ধারা ৫ of ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন); (d) “Bank Notes” means 3 notes and coins made and issued by the Bank in accordance with Article 23; 4 (dd) “bank rate” means the standard rate made public by the Bangladesh Bank under Article 21; (e) “Board” means the Board of Directors of the Bank; 5 (ee) “coin” means, except for the purpose of clause (d) above, a coin issued under the provisions of the Bangladesh Coinage Order, 1972 (P.O. No. 83 of 1972); (f) “Co-operative Bank” means any co-operative society or co-operative bank including the apex co-operative bank registered under 6 সমবায় সমিতি আইন, ২০০১ (২০০১ সনের ৪৭ নং আইন), or any other law for the time being in force relating to co-operative societies, one objectives of which is to provide financial accommodation to its members; (g) “Director” means a Director of the Bank; 7 (gg) “financial institution” means \"আর্থিক প্রতিষ্ঠান\" defined in দফা (খ) of ধারা ২ of আর্থিক প্রতিষ্ঠান আইন, ১৯৯৩ (১৯৯৩ সনের ২৭ নং আইন); (h) “Governor” and “Deputy Governor” means respectively the Governor and Deputy Governor of the Bank; (i) “Government” means the Government of the People's Republic of Bangladesh; (j) “Scheduled Bank” means a bank for the time being included in the list of banks maintained under sub-clause (a) of clause (2) of Article 37; (k) “State Bank” means the State Bank of Pakistan constituted under the State Bank of Pakistan Act, 1956; 8 (l) “Taka Coin” means one Taka coin and one Taka note and two Taka note coin and two Taka note which are legal tender in Bangladesh.", "name": "", "related_acts": "405,876,781", "section_id": 2 }, { "act_id": 415, "details": "3. (1) There shall be a bank to be called the Bangladesh Bank for the purposes of carrying on the business of central banking and it shall be deemed to have been established on the appointed day. (2) The Bank shall be a body corporate by the name of the Bangladesh Bank, having perpetual succession and a common seal, and shall by the said name sue and be sued.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 415, "details": "4. (1) The capital of the Bank shall be Taka three crores. (2) The entire capital of the Bank shall stand vested in, and allotted to, the Government. (3) The capital of the Bank may, subject to the approval of the Government, be increased by a resolution of the Board, and any capital so increased shall be subscribed for by the Government in such form and manner as may be determined by the Government. (4) On the appointed day all the shares of the State Bank held in Bangladesh which have not already vested in the Government by or under any other law for the time being in force, shall, by virtue of this Order, be deemed to have been vested in, and allotted to, the Government free from any trust, mortgage, charge, lien, interest, or other encumbrance whatsoever. (5) The Government shall pay such compensation in respect of the shares vested in the Government under clause (4) as may be determined by it and such compensation shall be distributed among the share-holders of the State Bank in Bangladesh in the manner as may be determined by the Government: Provided that the total compensation payable under this clause shall not exceed the total paid up value of the shares held by the share-holders, among whom such compensation is to be distributed.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 415, "details": "5. (1) On the appointed day the entire undertaking of the State Bank in and in relation to Bangladesh shall be deemed to have been transferred to, and vested in, the Bank. (2) The undertaking of the State Bank so transferred and vested shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, including all lands, buildings, cash balances, reserve funds, investments, and debts or actionable claims, any security or negotiable instrument, and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the State Bank in relation to, or for the purposes of, the undertaking of the State Bank in or in relation to Bangladesh whether such property is situated within or without Bangladesh, and all books of account, 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 of the State Bank in relation to the undertaking within the territory of Bangladesh. (3) Subject to the provisions of 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 appointed day and to which the State Bank is a party or which are in favour of the State Bank shall- (a)\tif they are exclusively for the purposes or for the business of the undertaking of the State Bank in Bangladesh; or (b)\tif they are partly for the purposes in sub-clause (a) and partly for any other purpose to the extent and subject to such conditions and limitation, as the Government may determine, be of as full force and effect against or in favour of the Bank and may be enforced or acted upon as fully and effectively as if in place of the State Bank, the Bank has been a party thereto or as if they had been issued in favour of the Bank.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 415, "details": "6. (1) All suits, appeals, or other legal proceedings of whatever nature pending on the appointed day by or against the State Bank in relation to its undertaking which has vested in the Bank under Article 5, shall be deemed to be suits, appeals and other legal proceedings pending by or against the Bank and may be continued and enforced by or against the Bank. (2) Notwithstanding anything contained in any other law for the time being in force, where any proceeding for the winding up of a banking company under the Banking Companies Ordinance, 1962, is pending before the High Court of Bangladesh immediately before the appointed day in which the State Bank was appointed as Official Liquidator, the Bank shall be substituted in place of the State Bank as the Official Liquidator and shall be deemed always to have been so substituted.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 415, "details": "7. Subject to the provisions of this Order and any other law for the time being in force, any person being a citizen of Bangladesh who, immediately before the appointed day, was an employee of the State Bank shall, as from that day, continue to be an employee of the Bank on the same terms and conditions as were applicable to him immediately before that day.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 415, "details": "97A. The main functions of the Bank shall be: (a) \tto formulate and implement monetary policy; (b) \tto formulate and implement intervention policies in the foreign exchange market; (c) \tto give advice to the Government on the interaction of monetary policy with fiscal and exchange rate policy, on the impact of various policy measures on the economy and to propose legislative measures it considers necessary or appropriate to attain its objectives and perform its functions; (d) \tto hold and manage the official foreign reserves of Bangladesh; (e) \tto promote, regulate and ensure a secure and efficient payment system, including the issue of bank notes; (f) \tto regulate and supervise banking companies and financial institutions.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 415, "details": "8. (1) The Head Office of the Bank shall be at Dacca. 10(2) The Bank shall have offices at Dhaka, Chittagong, Khulna, Bogra, Rajshahi, Sylhet, Barisal, Rangpur and may establish other offices, branches and agencies in Bangladesh or in consultation with the Government anywhere outside Bangladesh.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 415, "details": "9. 11* * * (2) 12The general superintendence and direction of the affairs and business of the Bank shall be entrusted to a Board of Directors which may exercise all the powers and do all acts and things that may be exercised or done by the Bank 13: Provided that until the first Board is constituted, the Governor may exercise all powers and do all acts and things as are required to be exercised or done by the Board. 14(3) The Board shall consist of- (a)\tthe Governor; (b)\ta Deputy Governors, to be nominated by the Government; (c)\t 15four Directors who will not be Government officials to be nominated by the Government from amongst persons who, in the opinion of the Government, have had experience and shown capacity in the field of banking, trade, commerce, industry or agriculture. (d) \tthree Government Officials to be nominated by the Government.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 415, "details": "169A. (1) There shall be a Council for the co-ordination of fiscal, monetary and exchange rate policies, hereinafter called the Co-ordination Council, consisting of- (i) Minister for Finance\t..........\tChairman. (ii) Minister for Commerce\t..........\tMember. (iii) \tGovernor, Bangladesh Bank\t..........\tMember. (iv) \tSecretary, Finance Division\t..........\tMember. (v) \tSecretary, Internal Resources Division\t..........\tMember. (vi)\tMember (Programming), Planning Commission\t..........\tMember. (2) The Co-ordination Council shall- (a) \tco-ordinate the macro-economic framework including fiscal, monetary and exchange rate strategies and policies; (b) \tensure consistency among macro-economic targets of growth, inflation and fiscal, monetary and external accounts; (c) \tmeet for the purposes of clauses (a) and (b) before the finalization of the budget to determine the extent of public sector borrowing taking into account credit requirements of the private sector, monetary expansion based on projected growth, price inflation, and net foreign assets of the banking system; (d) \tmeet at least on a quarterly basis to review the consistency of macro-economic policies and to revise limits and targets set at the time of the formulation of the budget, keeping in view the latest developments in the economy; (e) \tconsider limits of the government borrowing as revised from time to time in the meetings to be held before and after passage of the annual budget. (3) The Bangladesh Bank shall ensure that the macro-economic framework as co-ordinated by the Co-ordination Council is reflected in the policies of the Bangladesh Bank. (4) The Bangladesh Bank shall place before the Co-ordination Council- (a) \trelevant data relating to monetary expansion and Government borrowing from the banking system, and (b) \tthe assessment of the Bangladesh Bank regarding the impact of economic policies of the government on monetary aggregates and balance of payments. (5) The Ministry of Finance shall, from time to time, bring to the notice of the Co-ordination Council the impact of tax, budget and debt management policies on overall macro-economic situation. (6) The Ministry of Commerce shall from time to time, bring to the notice of the Co-ordination Council the impact of trade and tariff policies on overall macro-economic situation.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 415, "details": "10.  (1) The Governor of the Bank shall be the Chief Executive Officer and shall, on behalf of the Board, direct and control the whole affairs of the Bank.  (2) In the matters not specifically required by this Order or by regulations made thereunder, to be done by the Board, the Government shall have powers of general superintendence and directions of the affairs and business of the Bank and may exercise all powers and do all acts and things which may be exercised or done by the Bank.  (3) The Governor shall be appointed 17by the Government on such salary and terms and conditions as may be determined by the Government except that neither the salary of the Governor nor his other terms and conditions of service shall be varied to his disadvantage after his appointment.  (4) One or more Deputy Governors shall be appointed 18by the Government on such salary and on such terms and conditions as the Government may determine except that neither the salary of a Deputy Governor nor his other terms and conditions shall be varied to his disadvantage after his appointment.  19(5) The Governor shall hold office for a period of four years and shall be eligible for re-appointment 20.  ***  (6) The Governor and a Deputy Governor shall devote their whole time to the affairs of the Bank.  21(7) The Government may require a Deputy Governor to hold an office other than in the Bank, in which event the Deputy Governor shall vacate his office, and the period during which he holds the other office shall not count towards his tenure of office as Deputy Governor.  (8) The Governor, or a Deputy Governor, as the case may be, in addition to his duties as the Governor or a Deputy Governor, be entrusted by an order of the Government with such duties for such period as may be specified in the order.  (9) No person shall hold office as 22Governor or Deputy Governor 23* * *:  24(a) who is a member of the Legislature or a local Government;  (b) who is employed in any capacity in the public service of Bangladesh or holds any office or position for which any salary or other remuneration is payable out of public funds;  (c) who is a Director, officer or employee of any other 25banking company or financial institution or of any other business concern:  Provided that nothing in this sub-clause shall apply where the 26Governor or Deputy Governor 27* * * is entrusted with additional duties under clause (8);  28(d) who has defaulted in payment of dues of the government or of any banking company or any financial institutions;  29(e) who is, or at any time has been, adjudicated an insolvent or had suspended payment or has compounded with his creditors;  (f) who is found lunatic or becomes of unsound mind;  (g) who has been convicted of an offence involving moral turpitude or has been sentenced by a court for a term of imprisonment exceeding one year.  (10) The Government may grant leave to the Governor and a Deputy Governor for such period and on such terms and conditions as may be specified by the Government;  (11) Where the Governor 30* * * during his term of office is incapacitated or is absent on deputation, leave or otherwise, the Government may appoint any person qualified under clause (9) but who may not be qualified under sub-clause (b) of that clause to act for the time being as the Governor 31* * * in his place.", "name": "", "related_acts": "", "section_id": 12 }, { "act_id": 415, "details": "11. (1) Meetings of the Board shall be convened by the Governor at least six times in each year and at least once in each quarter. (2) Any three Directors may require the Governor to convene a meeting of the Board at any time and the Governor shall forthwith convene a meeting accordingly. 32(3) The Governor or, if for any reason he is unable to attend, the Deputy Governor nominated under sub-clause (b) of clause (3) of Article 9, shall preside at meetings of the Board and in the event of any equality of votes, shall have a second or casting vote. In case the Deputy Governor is also unable to attend for any reason, any other Director, authorised by the Governor, shall preside over the meeting of the Board and shall have a second or casting vote. (4) No act or proceedings of the Board shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 415, "details": "12. 33(1) There shall be an Executive Committee consisting of- (a)\tthe Governor; (b)\tthe Director nominated under sub-clause (b) of clause (3) of Article 9; (c)\tone Director elected by the Board from amongst the Directors nominated under sub-clause (c) of clause (3) of Article 9; and (d)\tone Director appointed by the Government from amongst the Directors nominated under sub-clause (d) of clause (3) of Article 9. 34* * * (3) Except when the Board is in session, the Executive Committee shall deal with and decide any matter within the competence of the Board and shall keep minutes of its proceedings, which shall be submitted to the Board for information at its next meeting.", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 415, "details": "13. (1) No person shall be or shall continue to be a Director- 35 (a) who is a Member of the Legislature or a local Government; or (b) who has defaulted in payment of dues of the Government or of any banking company or any financial institution; or (c) who is, or at any time has been, adjudicated an insolvent or has suspended payment or has compounded with his creditors; or (d) who is found lunatic or becomes of unsound mind; or (e) who is an officer or employee of any 36 banking company or any financial institution; or (f) who is a Director of 37 any banking company or financial institution, but he shall not be disqualified or cease to be a Director if he is a Director of a bank which is a society registered under the 38 সমবায় সমিতি আইন, ২০০১ (২০০১ সনের ৪৭ নং আইন) or any other law for the time being in force relating to co-operative societies; or (g) who absents himself from three consecutive meetings of the Board, without leave from the Board; 39 or (h) who has been convicted of an offence involving moral turpitude or has been sentenced by a court for a term of imprisonment exceeding one year. (2) Nothing in sub-clause (b) of clause (1) of this Article shall apply to the Government official nominated as Director under sub-clause 40 (d) of clause (3) of Article 9.", "name": "", "related_acts": "876", "section_id": 15 }, { "act_id": 415, "details": "14. (1) The Directors nominated under sub-clause 41(c) of clause (3) of Article 9 shall hold office for three years. (2) A Director nominated under sub-clause 42(d) of clause (3) of Article 9 shall hold office at the pleasure of the Government. (3) Directors shall on the expiry of their term of office be eligible for renomination.", "name": "", "related_acts": "", "section_id": 16 }, { "act_id": 415, "details": "15. (1) The Government may remove from office- (a)\tthe Governor or 43a Deputy Governor if he becomes permanently incapable of performing his duties or subject to any of the disqualifications specified in clause (9) of Article 10 or has done any act which is a breach of the trust reposed in him, or if his continuance in office is regarded as manifestly opposed to the interests of the Bank; and (b)\tany Director. (2) (a) The Governor, 44a Deputy Governor or a Director may resign his office by statement to that effect in writing signed by him and addressed to the Government; (b)\tA statement of resignation by 45a Deputy Governor or 46a Director shall be addressed as above through the Governor; (c)\tOn the acceptance of such a resignation by the Government, the office shall become vacant; (3) Any Director vacating office under this Article shall not be eligible to become a Director until the expiry of the term of office for which he was nominated; and (4) In the event of a vacancy occurring, the Government shall fill the vacancy by nominating another Director.", "name": "", "related_acts": "", "section_id": 17 }, { "act_id": 415, "details": "16. The Bank is authorised to carry on and transact the several kinds of business hereinafter specified, namely:- 47 (1) The accepting of money on deposit from and the collection of money for the Government, foreign Governments, domestic and foreign banks, domestic and foreign financial institutions and local authorities with or without interest. 48 * * * (2) (a) The purchase, sale and rediscount of bills of exchange and promissory notes drawn on and payable in Bangladesh and arising out of bona fide commercial or trade transactions bearing two or more good signatures one of which shall be that of a scheduled bank, and maturing within one hundred eighty days, from the date of such purchase or rediscount, exclusive of days of grace; (b) The purchase, sale and rediscount of bills of exchange and promissory notes, drawn on and payable in Bangladesh and bearing two or more good signatures one of which shall be that of a scheduled bank or the apex co-operative bank and drawn or issued for the purpose of financing seasonal agricultural operations or the marketing of crops, and maturing within fifteen months from the date of such purchase or rediscount exclusive of days of grace; Explanation - For the purpose of this sub-clause- 49 (i) The expression ‘agricultural operations' include cultivation of crops, plantation, agricultural machineries and implements, fertilizers and pesticides, fishing, pisciculture, animal husbandry, forestry, horticulture and allied activities; (ii) “crops” include products of agricultural operations; (iii) the expression “marketing of crops” includes the processing of crops prior to marketing by agricultural producers or any organisation of such producers; (c) The purchase, sale and rediscount of bills of exchange and promissory notes drawn on and payable in Bangladesh and bearing two or more good signatures, one of which shall be that of the apex co-operative bank or a financial corporation and drawn or issued for the purpose of financing the production or marketing activities of cottage and small scale industries approved by the Bank and maturing within eighteen months from the date of such purchase or rediscount, exclusive of days of grace: Provided that the payment of the principal and interest of such bills of exchange or promissory notes is guaranteed by the Government to the satisfaction of the Bank. (d) The making to a corporation declared eligible by the Government in consultation with the Bank of loans and advances- (i) repayable on demand or on the expiry of fixed periods not exceeding ninety days from the date of such loan or advance, against securities of the Government; or (ii) repayable on the expiry of fixed periods not exceeding eighteen months from the date of such loan or advance, against securities of the Government of any maturity, or against bonds and debentures issued by the Corporation to which the loan or advance is made, and guaranteed by the Government and maturing within a period not exceeding eighteen months from the date of such loan or advance; (e) The purchase, sale and rediscount of bills of exchange and promissory notes drawn on and payable in Bangladesh and bearing the signature of a scheduled bank, and issued or drawn for the purpose of holding or trading in securities of the Government and maturing within ninety days from the date of such purchase or rediscount, exclusive of days of grace; (f) The purchase, sale and rediscount of bills of exchange and promissory notes drawn on and payable in Bangladesh and bearing two or more good signatures one of which shall be that of a scheduled bank or the apex co-operative Bank or any corporation approved by the Government and having as one of its objects the making of loans and advances in cash or kind, drawn and issued for financing the development of agriculture, or of agricultural or animal produce or the needs of industry, having maturities not exceeding ten years from the date of such purchase or rediscount: Provided that the Bank may from time to time issue to a corporation which may have dealings with the Bank under this sub-clause any directions which can by issued to a banking company under the 50 ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন), and in the event of anybody, while carrying out any direction hereunder, either wilfully making a false statement or wilfully omitting to make material statement shall be punishable under 51 sub-section (2) of section 109 of the said Act of 1991, and in the event of any contravention or default in compliance with any direction, any Director or Officer who is knowingly a party to the contravention or default shall be punishable under 52 sub-section (7) of section of the said section, and the provisions of 53 section 111 of the said Act shall apply to such proceedings as if such corporation were a banking company;  (g) The purchase, sale and rediscount of such Government guaranteed debentures issued by a public company or corporation established by or under any law for the time being in force as the Bank may from time to time approve in this behalf; (h) To guarantee, to the extent the Bank deems fit, issue of loans and debentures by the scheduled banks or financial institutions to rural credit institutions. (i) To guarantee funds of scheduled banks in agricultural credit operations to the extent the bank deems fit. (3) (a) The purchase and sale of approved foreign exchange; (b) The purchase, sale and rediscount of bills of exchange including treasury bills drawn in or on any place in countries whose currency has been declared as approved foreign exchange and maturing within one hundred and eighty days from the date of purchase: Provided that no such purchase, sale or rediscount shall be made in Bangladesh except with a scheduled bank; (c) The keeping of balances with banks in countries whose currency has been declared as approved foreign exchange; 54 (d) subject to the approval of the Board the placing of balances abroad with asset management companies of global standing and reputation for investment in countries whose currencies have been declared as approved foreign exchange: Provided that the placement under this clause shall not exceed 25 percent of the balance kept abroad. (4) The making to local Authorities, scheduled banks or co-operative banks of advances and loans repayable on demand or on the expiry of fixed periods not exceeding ninety days against the security of- (a) stocks, funds and securities, other than immovable property, in which a trustee is authorised to invest trust money by any law for the time being in force in Bangladesh; (b) gold or silver or documents of title to the same; (c) such bills of exchange and promissory notes as are eligible for purchase or rediscount by the bank; and (d) promissory notes of any scheduled bank supported by documents of title relating to goods, such documents having been transferred, assigned or pledged to any such bank as security, for a cash credit or overdraft granted for bona fide commercial or trade transactions or for the purpose of financing seasonal agricultural operations or the marketing of crops; (5) The making of loans and advances out of the Rural Credit Fund established under Article 60 for the purposes specified therein; (6) The making of loans and advances out of the Agricultural Credit Stabilisation Fund established under Article 61 for the purposes specified therein; (7) The making of loans and advances out of the Industrial Credit Fund established under Article 62 for the purposes specified therein; (8) The making of loans and advances out of the Export Credit Fund established under Article 63 for the purposes specified therein; (9) The making to the Government of advances repayable in each case not later than three months from the date of the making of the advance; (10) The making to institutions or banks, specially established for the purpose of promoting agricultural or industrial development in the country or co-operative banks of advances and loans for such amounts and on such terms and conditions as the Board may decide from time to time; (11) The purchase holding and sale of shares and debentures of any company or corporation or institution as may be decided in consultation with the Government; (12) The issue and purchase of telegraphic transfers, demand drafts and other kinds of remittances made payable at its own branches, offices or agencies; (13) The drawing, accepting, making and issue, on its own account or on account of the Government, as the case may be, of any bill of exchange, hundi, promissory note or engagement for the payment within or without Bangladesh, of Bangladesh or foreign currency payable to bearer or to a banker on demand; but no such business shall be carried on or transacted without the previous approval of the Government; 55 (13A) The issue of its own negotiable securities on such rate of interest as the Bank may decide; (14) (a) Subject to sub-clause (b) the purchases and sale of securities of countries whose currency has been declared as approved foreign exchange with an unexpired currency of not more than ten years; (b) The restrictions relating to maturity shall not apply to securities held by the Bank on the date on which this Order comes into force or any securities that may be received as assets including those transferred to and vested in the Bank under Article 5; (15) (a) The purchase and sale of securities of the Government, or of such securities of a Local Authority as may be specified in this behalf by the Government by notification in the official Gazette on the recommendation of the Board; (b) Securities, Debentures and Shares fully guaranteed as to principal and interest by the Government shall be deemed for the purpose of this clause to be securities of the Government; (c) The amount of such securities held at any time in the Banking Department shall be so regulated that the total value of such securities shall not exceed the aggregate amount of the capital of the Bank, the Reserve Fund and four-fifths of the Liabilities of the Banking Department in respect of deposits; (16) The custody of monies, securities and other articles of value and the collection of the proceeds, whether principal, interest or dividends of any such securities; (17) The sale and realisation of all property, 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; (18) The acting as agent to the Government, or any Local Authority in the transaction of any of the following kinds of business, namely:- (a) the purchase and sale of gold or silver or approved foreign exchange;  (b) the purchase, sale, transfer and custody of bills of exchange, securities or shares in any company; (c) the collection of the proceeds, whether principal, interest or dividends, or any securities or shares; (d) the remittance of such proceeds at the risk of the principal, by bills of exchange payable either in Bangladesh or elsewhere; (e) and the management of public debt; (19) The purchase and sale of gold coin and gold or silver bullion; (20) The opening of an account with or the making of any agency arrangement with, and the acting as agent or correspondent of a bank incorporated in any country outside Bangladesh or the principal currency authority of any country under the law for the time being in force in that country or any international or regional bank formed by such principal currency authorities, and the investing of the funds of the Bank in the shares and securities of any such international or regional bank; 56 (21) (a) Subject to sub-clauses (b) and (c), the borrowing of money for the purpose of business of the Bank and the giving of security for money so borrowed; (b) No money shall be borrowed under this clause from any person in Bangladesh other than a scheduled bank for a period exceeding three months and an amount not at any time exceeding the amount of the capital of the Bank; (c) No money shall be borrowed under this clause from any foreign national in or outside Bangladesh other than foreign and international banks, companies, institutions or concerns; (22) The making and issue of bank notes subject to the provisions of this Order; (23) The performance of the functions of the Bank under the International Financial Organisations Order, 1972; (24) Establish credits and give guarantees; and (25) The exercise of powers and functions and the performance of duties entrusted to the Bank under this Order or under any other law for the time being in force; (26) Generally, the doing of all such matters and things as may be necessary, incidental to or consequential upon the exercise of its powers or the discharge of its duties or functions under this Order.", "name": "", "related_acts": "", "section_id": 18 }, { "act_id": 415, "details": "17. (1) Where, in the opinion of the Board or of the Governor, circumstances so warrant, the Bank may, notwithstanding any limitation contained in sub-clauses (a) and (b) of clause (2) or sub-clauses (a) and (b) of clause (3) or clause (4) of Article 16- (a)\tpurchase, sell or discount any of the bills of exchange or promissory notes specified in sub-clause (a) or sub-clause (b) of clause (2) or sub-clause (b) of clause (3) of Article 16 though such bill or promissory note does not bear the signature of a scheduled bank; or (b)\tmake advances or loans repayable on demand or on the expiry of fixed periods not exceeding ninety days against the various forms of security specified in clause (4) of Article 16 or against the security of goods or when the advance or loan is made to a banking company against such other form of security as the Bank may consider sufficient. (2) Notwithstanding anything to the contrary contained in any other law for the time being in force, where a banking company, to which an advance or loan has been made under the provisions of sub-clause (b) of clause (1) is wound up, any sum due to the Bank in respect of such advance or loan shall, subject only to the claims, if any, of any other banking company in respect of any prior claim or advance made by such banking company against any security, be a first charge on the assets of the banking company.", "name": "", "related_acts": "", "section_id": 19 }, { "act_id": 415, "details": "5718. The Bank shall by notification in the official Gazette, declare the currency of any country to be approved foreign exchange for all or any of the purposes of this Order.", "name": "", "related_acts": "", "section_id": 20 }, { "act_id": 415, "details": "19. The Bank shall not, except as authorised under this Order- (1) \tengage in trade or otherwise have a direct interest in any commercial, industrial or other undertaking except such interest as it may in any way acquire in the course of the satisfaction of any of its claims, but all such interest shall be disposed of at the earliest possible moment; 58* * * (3) advance money on the mortgage, or otherwise on the security, of immovable property or documents of title relating thereto, except where such advance is made to any of its employees for building or purchasing a house for his personal use against the security of the house; (4) become the owner of any immovable property except where ownership is necessary for the use of such property by the Bank, or for the residence, recreation or welfare of its employees; (5) make unsecured advances and loans; (6) draw or accept bills payable otherwise than on demand; and 59 * * *", "name": "", "related_acts": "", "section_id": 21 }, { "act_id": 415, "details": "20. (1) The Bank shall undertake to accept monies for account of the Government, and to make payments up to the amount standing to the credit of their accounts and to carry out its exchange, remittance and other banking operations, including the management of the public debt. (2) (a) The Government shall entrust the Bank, on such conditions as may be agreed upon between the Government and the Bank, with all their money, remittance, and banking transactions in Bangladesh, and, in particular, shall deposit free of interest all its cash balances with the Bank. (b)\tNothing in this clause shall be deemed to prevent the Government from carrying on money transactions, at places where the Bank has no office, branch or agency or from holding at such places such balances at it may require. (c)\tThe Government shall entrust the Bank, on such conditions as may be agreed upon between the Government and the Bank, with the management of the public debt and with the issue of any new loans. (3) In the event of any failure to reach agreement on the conditions referred to in this Article, the Government shall decide the conditions and its decision shall be final. (4) Any agreement made under this Article shall be laid, as soon as may be after it is made, before the Legislature.", "name": "", "related_acts": "", "section_id": 22 }, { "act_id": 415, "details": "21. The Bank shall make public from time to time the standard rate at which it is prepared to buy or rediscount bills of exchange or other commercial paper eligible for purchase under this Order.", "name": "", "related_acts": "", "section_id": 23 }, { "act_id": 415, "details": "6022. The Bank shall sell to or buy from any authorised dealer in Bangladesh approved foreign exchange at such rates of exchange and on such conditions as it may determine Pursuant to its monetary and exchange rate policy.", "name": "", "related_acts": "", "section_id": 24 }, { "act_id": 415, "details": "23. (1) The Bank shall have the sole right to issue Bank Notes made payable to bearer on demand in Bangladesh in accordance with the provisions hereinafter made. (2) Any person contravening this authority or committing any other offence specified in Article 35 shall be liable to the penalties mentioned therein.", "name": "", "related_acts": "", "section_id": 25 }, { "act_id": 415, "details": "24. (1) Subject to the provisions of clause (2) all Bank Notes, Coins and Currency Notes and those which were in circulation in Bangladesh on the appointed day shall continue to be legal tender at any place in Bangladesh for the amount expressed therein and shall be guaranteed by the Government. (2) On the recommendation of the Board, the Government may, by notification in the official Gazette, declare that with effect from such date as may be specified in the notification, any series of Bank Notes of any denomination shall cease to be legal tender save at such offices, branches and agencies, if any, of the Bank as may be specified in the notification.", "name": "", "related_acts": "", "section_id": 26 }, { "act_id": 415, "details": "25. Notwithstanding anything contained in Article 24 no Pakistan Bank note of the denominational value of five hundred rupees and one hundred rupees issued before 8th day of June, 1971 shall be legal tender in payment or an account of amount expressed therein.", "name": "", "related_acts": "", "section_id": 27 }, { "act_id": 415, "details": "26. (1) The issue of Bank Notes shall be conducted by the Bank in an Issue Department which shall be separated and kept wholly distinct from the Banking Department and the assets of the Issue Department shall not be subject to any liability other than the liabilities of the Issue Department as defined in Article 32. (2) The Issue Department shall not issue Bank Notes to the Banking Department or to any person except in exchange for other Bank Notes or for such coin, bullion, approved foreign exchange or securities as are permitted under this Order to form part of the assets of the Issue Department.", "name": "", "related_acts": "", "section_id": 28 }, { "act_id": 415, "details": "27. Bank Notes made and issued by the Bank shall be in such denominations and of such design, form and material as may be approved by the Government on the recommendations of the Board.", "name": "", "related_acts": "", "section_id": 29 }, { "act_id": 415, "details": "28. The Bank shall not reissue Bank Notes which are torn, defaced or excessively soiled.", "name": "", "related_acts": "", "section_id": 30 }, { "act_id": 415, "details": "29. Notwithstanding anything contained in any enactment or rule or law to the contrary, no person shall as of right be entitled to recover from the Government or the Bank the value of any lost, stolen, mutilated or imperfect Bank Note.", "name": "", "related_acts": "", "section_id": 31 }, { "act_id": 415, "details": "30. (1) The assets of the Issue Department shall not be less than the total of its liabilities and shall be maintained as follows:- (a)\tof the total amount of the assets, assets of such value as the Government in consultation with the Bank, may, by notification in the official Gazette, specify shall be held in gold coins, gold bullion, silver bullion, Special Drawing Rights 61, Asian Monetary Units 62, Islamic Dinars or approved foreign exchange, and (b)\tthe remainder of the assets shall be held in- (i)\tTaka coins; (ii)\tTaka securities of any maturity; (iii)\tSuch bills of exchange and promissory notes payable in Bangladesh as are eligible for purchase by the Bank under sub-clauses (a), (b) and (f) of clause (2) of Article 16; (iv)\tPromissory notes obtained by the Bank in respect of advances and loans made under clause (4) of Article 16 against such securities as are mentioned in sub-clauses (a) and (b) of that clause; and (v)\tPromissory notes obtained by the Bank in respect of advances and loans made under clause (10) of Article 16. 63(2) For the purposes of this Article,- (a)\tgold coin, gold bullion and silver bullion shall be valued at the market value of the fine gold or silver content thereof, as the case may be; (b)\tTaka coin shall be valued at its face value; and (c)\tTaka securities and securities specified in clause (4) shall be valued at the market value for the time being obtaining or face value, whichever is less. (3) Of the gold coin and gold or silver bullion held as assets not less than seventeen-twentieths shall be held in the custody of the Bank including its branches, offices or agencies, and the gold or silver belonging to the Bank which is in any other bank or in any mint or treasury or in transit may be reckoned as part of the assets. (4) For the purposes of this Article the approved foreign exchange which may be held as part of the assets shall be in any of the following forms, namely:- (a)\tbalances standing to the credit of the Bank with the principal currency authority of a country whose currency is an approved foreign exchange, or at any bank in such country; (b)\tbills of exchange bearing two or more good signatures having a maturity not exceeding one hundred and eighty days and drawn on and payable at any place in a country whose currency is an approved foreign exchange; and (c)\tsecurities of a Government with an unexpired currency of not more than five years and payable in a currency which is an approved foreign exchange. (5) Restrictions relating to maturity shall not apply to securities mentioned in clause (4) held by the Bank on the appointed day or any securities transferred to and vested in the Bank under Article 5.", "name": "", "related_acts": "", "section_id": 32 }, { "act_id": 415, "details": "31. Notwithstanding anything contained in the foregoing provisions, the Bank may, with the previous sanction of the Government, for periods not exceeding six months in the first instance, which may with the like sanction be extended from time to time by periods not exceeding three months at a time, hold as assets gold coin, gold or silver bullion, 64Special Drawing Rights, Asian Monetary Units 65, Islamic Dinars or approved foreign exchange of less aggregate amount than that required by sub-clause 66(a) of clause (1) of Article 30.", "name": "", "related_acts": "", "section_id": 33 }, { "act_id": 415, "details": "32. (1) The liabilities of the Issue Department shall be an amount equal to the total of the amount of the Bank Notes for the time being in circulation. (2) For the purposes of this Article any Bank Note which has not been presented for payment within forty years from the first day of July following the date of its issue shall be deemed not to be in circulation and the value thereof shall notwithstanding anything contained in clause (2) of Article 26 be paid by the Issue Department to the Banking Department; but any such Bank Note if subsequently presented for payment, shall be paid by the Banking Department.", "name": "", "related_acts": "", "section_id": 34 }, { "act_id": 415, "details": "33. (1) The Bank shall issue Taka coin on demand in exchange for Bank Notes and Bank Notes on demand in exchange for coin which is legal tender in Bangladesh. (2) The Bank shall in exchange for Bank Notes of 67ten Taka or upwards supply Bank Notes of lower value or coins which are legal tender in Bangladesh under the Bangladesh Coinage Order, 1972, in such quantities as may in the opinion of the Bank be required for circulation. The Government shall supply such coins to the Bank on demand and if it fails to do so at any time the Bank shall be released during the period of such failure from obligation to supply them to the public. (3) The Government shall take over from the Bank at such times and in such quantities as the Bank may, with the previous approval of the Government, determine Taka coins which are not required for purposes of circulation against payment.", "name": "", "related_acts": "", "section_id": 35 }, { "act_id": 415, "details": "34. The Government shall not re-issue any Taka coins taken over under clause (3) of Article 33 nor put into circulation any Taka coin except through the Bank and the Bank shall not dispose of Taka coin otherwise than for purposes of circulation or by delivery to the Government under the preceding Article.", "name": "", "related_acts": "", "section_id": 36 }, { "act_id": 415, "details": "35. (1) No person in Bangladesh other than the Bank or as expressly authorised by this Order, the Government shall draw, accept, make or issue any Bill of Exchange, Hundi, Promissory Note or engagement for the payment of money payable to bearer on demand, or borrow, owe or take up any sum or sums of money on the Bills, Hundis or Notes payable to bearer on demand of any such persons, but such cheques, or Drafts, including Hundi, payable to bearer on demand or otherwise may be drawn on a person's account with a banker. (2) Notwithstanding anything contained in the Negotiable Instruments Act, 1881, no person in Bangladesh other than the Bank, or as expressly authorised by this Order, the Government shall make or issue any Promissory Note expressed to be payable to the bearer of the instrument. (3) Any person contravening the provision of this Article shall be punishable upon conviction with fine which may extend to double the amount of the Bill, Hundi, Promissory Note or engagement in respect whereof the offence is committed. (4) No prosecution under this Article shall be instituted except on complaint made in writing on behalf of the Bank.", "name": "", "related_acts": "46", "section_id": 37 }, { "act_id": 415, "details": "36. 68(1) Every scheduled bank shall maintain with the Bank a balance the amount of which shall not be less than such portion of its total demand and time liabilities as may be prescribed by the Bank pursuant to the monetary policy objectives of the Bank, by notification in the official Gazette. Explanation.- For the purposes of this Article liabilities shall not include the paid-up capital or the reserves, or any credit balance in the profit and loss account of such bank or the amount of any loan taken from the Bank. (2) Based on the monetary policy objectives pursued by the Bank, it shall prescribe from time to time the terms and conditions of admissibility of interest, and the rate of interest, on the required minimum balances and/or on amounts in excess of the required minimum balances. 69 * * * (3) Every scheduled bank shall send to the Bank returns signed by two responsible officers of such bank containing such information as may be deemed necessary for carrying out the purposes and objects of this Order at such periods of time as the Bank may from time to time direct. 70(4) If at the close of business on any day before the day fixed for the next return under the preceding clause, the balance held at the Bank by any scheduled bank is below the minimum fixed by clause (1) such scheduled bank may be ordered by the Bank to pay the Bank in respect of such day penal interest at such rate above the Bank rate as may be determined by the Bank from time to time on the amount by which the balance with the Bank falls short of the fixed minimum, and if, on the day on which the next return is due, such balance is still below the fixed minimum as disclosed by this return, Bangladesh Bank may impose a higher rate of penal interest above the Bank rate in respect of that day and each subsequent day on which the balance held at the Bank at the close of business on the day is below the fixed minimum. (5) When under the provisions of clause (4) penal interest 71* * * has become payable by a scheduled bank, if thereafter on the day fixed for the next return under clause (3) the balance held at the Bank is still below the fixed minimum as disclosed by this return- (a)\tevery director and officer of the scheduled bank, who is knowingly and wilfully a party to the default, shall by order of the Bank be punishable with fine which may extend to 72Taka one lakh and with a further fine which may extend to 73Taka one lakh for each subsequent day on which the default continues; and (b)\tthe Bank may prohibit the scheduled bank from receiving after the said day any fresh deposit, and if default is made by the scheduled bank in complying with such prohibition, every director and officer of the scheduled bank who is knowingly and wilfully a party to such default or who through negligence or otherwise contributes to such default shall by order of the Bank be punishable in respect of each default with fine which may extend to 74Taka one lakh for each day after the first on which a deposit received in contravention of such prohibition is retained by the scheduled bank. 75* * * (6) Any scheduled bank failing to comply with the provisions of clause (3) shall by order of the Bank be liable to pay to the Bank a penalty of 76Taka twenty five thousand for each day during which the failure continues. (7) Whoever in any return under this Article wilfully or recklessly makes a statement false in any material particular or wilfully or recklessly omits to state a material particular shall by order of the Bank be punishable with fine which may extend to 77Taka ten lakh in respect of each such return. (8) The penalties imposed by clauses (4), (5), (6) and (7) shall be payable on demand made by the Bank and in the event to refusal by the defaulting bank, director or officer to pay on such demand, may be levied by a direction of the Civil Court having jurisdiction in the area where an office of the defaulting bank is situated, such direction being made only upon application made in this behalf to the Court by the Bank, with the previous sanction of the Government.", "name": "", "related_acts": "", "section_id": 38 }, { "act_id": 415, "details": "37. (1) The Bank shall maintain at all its offices and branches on up-to-date a list of banks declared by it to be scheduled banks under sub-clause (a) of clause (2). (2) The Bank shall, by notification, in the official Gazette- (a) declare any bank to be scheduled bank which is carrying on the business of banking in Bangladesh and which- (i) is a banking company 78 * * *, or a co-operative bank, or a corporation or a company incorporated by or established under any law in force in any place in or outside Bangladesh; (ii) has a paid-up capital and reserves of an aggregate value of 79 an amount not less than that required to be maintained under ধারা ১৩ of ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন): Provided that in the case of a co-operative bank, an exception may be made by the Bank; (iii) satisfies the Bank that its affairs are not being conducted in a manner detrimental to the interests of its depositors; 80 (b) Direct the de-scheduling of any scheduled Bank which- (i) ceases to fulfill the requirements mentioned in sub-clause (a) or goes into liquidation or otherwise wholly or partly ceases to carry on banking business; or (ii) in the opinion of the Bank, is conducting its business in a manner detrimental to the interests of its depositors: Provided that the Bank may, on application of the scheduled bank concerned and subject to such conditions, if any, as it may impose, defer the making of a direction under sub-clause (b) for such period as the bank considers reasonable to give the scheduled bank an opportunity of fulfilling the requirements mentioned in paragraphs (ii) and (iii) of clause (a); (c) alter the description in the list of scheduled banks whenever any scheduled bank changes its name.  Explanation - In clause (2) the expression “value” means the real or exchangeable and not the nominal value of the capital and reserves and the valuation made by the Bank shall be final.", "name": "", "related_acts": "", "section_id": 39 }, { "act_id": 415, "details": "38. The Bank may require any Corporation with which it has any transactions under Article 16 to furnish returns referred to in clause (3) of Article 36 and if it does so require, the provisions of clauses (6), (7) and (8) of Article 36 shall apply, so far as may be, to such Corporation as if it were a scheduled bank.", "name": "", "related_acts": "", "section_id": 40 }, { "act_id": 415, "details": "8138A. The Governor shall at least once a year or at any other instance, if so summoned appear before the Parliamentary Committee on Finance to report on the monetary policy and of other activities of the Bank and to answer questions.", "name": "", "related_acts": "", "section_id": 41 }, { "act_id": 415, "details": "8239. The Bank shall compile and publish in such manner and at such times as the Board may consider appropriate a consolidated statement from such information as may be received under this Order.", "name": "", "related_acts": "", "section_id": 42 }, { "act_id": 415, "details": "40. (1) The Bank shall prepare and transmit to the Government a weekly account of the Issue Department and of the Banking Department in such form as the Government may, by notification in the official Gazette direct. The Government shall cause these accounts to be published weekly in the official Gazette. (2) The Bank shall also, within two months from the date on which the annual accounts of the Bank are closed, transmit to the Government a copy of the annual accounts signed by the Governor, the Deputy Governor, if any, and the Chief Accounting Officer of the Bank, and certified by the Auditors together with a report by the Board on the working of the Bank throughout the year, and the Government shall cause such accounts and report to be published in the official Gazette.", "name": "", "related_acts": "", "section_id": 43 }, { "act_id": 415, "details": "41. (1) No suit or other legal proceedings shall lie against the Bank or any of its Officer for anything which is in good faith done or intended to be done in pursuance of Article 36 or Article 37 or Article 38 or Article 39 or Article 40 or in pursuance of the provisions of Chapter IV. (2) No suit or other legal proceedings shall lie against the Bank or any of its Officers for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of Article 36 or Article 37 or Article 38 or Article 39 or Article 40, or in pursuance of the provisions of Chapter IV.", "name": "", "related_acts": "", "section_id": 44 }, { "act_id": 415, "details": "42. In this Chapter, unless the context otherwise requires,- (a)\t“banking company” means the banking company as defined in 83clause (cc) of article 2 of this Order and includes the apex co-operative bank or any other banking or financial institution notified by the Government in this behalf; (b)\t“borrower” means any person to whom any credit limit has been sanctioned by any banking company, whether availed of or not, and includes- (i)\tin the case of a company or corporation, its subsidiaries; (ii)\tin the case of a Hindu undivided family, any member thereof or any firm in which such member is a partner; (iii)\tin the case of a firm, any partner thereof or any other firm in which such partner is a partner; and (iv)\tin the case of an individual, any firm in which such individual is a partner; (c)\t“credit information” means any information relating to- (i)\tthe amounts and the nature of loans or advances and other credit facilities granted by a banking company to any borrower or class of borrowers; (ii)\tthe nature of security taken from any borrower for credit facilities granted to him; and (iii)\tthe guarantee furnished by a banking company for any of its customers.", "name": "", "related_acts": "", "section_id": 45 }, { "act_id": 415, "details": "43. The Bank may- (a)\tcollect, in such manner as it may think fit, credit information from every banking company; and (b)\tfurnish such information to any banking company in accordance with the provisions of Article 45.", "name": "", "related_acts": "", "section_id": 46 }, { "act_id": 415, "details": "44. (1) For the purpose of enabling the Bank to discharge its functions under this Chapter, it may at any time direct any banking company to submit to it such statements relating to such credit information and in such form and within such time as may be specified by the Bank from time to time. (2) A banking company shall, notwithstanding anything to the contrary contained in any other law for the time being in force or in any instrument regulating the constitution thereof or in any agreement executed by it relating to the secrecy of its dealing with its constituents, be bound to comply with any direction issued under clause 1.", "name": "", "related_acts": "", "section_id": 47 }, { "act_id": 415, "details": "45. (1) A banking company may, in connection with any financial arrangement entered into or proposed to be entered into by it with any person, make an application to the Bank in such form as the Bank may specify requesting it to furnish the applicant with such credit information as may be specified in the application. (2) On receipt of an application under clause (1), the Bank may, as soon as may be, furnish the applicant with such credit information relating to the matters specified in the application, as may be in its possession: Provided that the information so furnished shall not disclose the names of the banking companies which have submitted such information to the Bank. (3) The Bank may in respect of each application levy such fees, as it may deem fit, for furnishing credit information.", "name": "", "related_acts": "", "section_id": 48 }, { "act_id": 415, "details": "46. (1) Any credit information contained in any statement submitted by a banking company under Article 44 or furnished by the Bank to any banking company under Article 45 shall be treated as confidential and shall not, except for the purposes of this Chapter, be published or otherwise disclosed. (2) Nothing in this Article shall apply to- (a)\tthe disclosure by any banking company, with the previous permission of the Bank, of any information furnished to the Bank under Article 44; (b)\tthe publication by the Bank, if it considers necessary in the public interest so to do, of any information collected by it under Article 44, in such consolidated form as it may deem fit without disclosing the name of any banking company or its borrowers. (3) Notwithstanding anything contained in any law for the time being in force, no Court, tribunal or 84other authority except Parliament shall compel the Bank or any banking company to produce or to give inspection of any statement submitted by that banking company under Article 44 or to disclose any credit information furnished by the Bank to that banking company under Article 45.", "name": "", "related_acts": "", "section_id": 49 }, { "act_id": 415, "details": "47. No person shall have any right, whether in contract or otherwise, to any compensation for any loss incurred by reason of the operation of any of the provisions of this Chapter.", "name": "", "related_acts": "", "section_id": 50 }, { "act_id": 415, "details": "48. (1) If any banking company- (a)\tfails to submit any statement required under Article 44 or submits under the Article a statement which is false in any material particular; or (b)\tfails to comply with any condition imposed under this Chapter, every director or other officer of the company and every other person who is knowingly a party to the breach shall be punishable with fine which may extend to 85Taka five lakh. (2) If any person discloses any credit information, the disclosure of which is prohibited under Article 46, he shall be punishable with imprisonment which may extend to six months or with fine which may extend to 86Taka one lakh or with both.", "name": "", "related_acts": "", "section_id": 51 }, { "act_id": 415, "details": "Omitted by section 50 of আর্থিক প্রতিষ্ঠান আইন, ১৯৯৩ (১৯৯৩ সনের ২৭ নং আইন)", "name": "Omitted", "related_acts": "781", "section_id": 52 }, { "act_id": 415, "details": "59. Securities of the value of Taka three crores may be allocated for the purpose by the Government and shall be held by the Bank as the Reserve Fund.", "name": "", "related_acts": "", "section_id": 53 }, { "act_id": 415, "details": "60. (1) The Bank may establish and maintain a Fund to be called the Rural Credit Fund to which shall be credited- (a)\tan initial sum of Taka 50 lakhs to be subscribed by the Government; and (b)\tappropriations of such amount from the surplus profits of the Bank as may be determined by the Bank in consultation with the Government. (2) The Rural Credit Fund may be applied by the Bank to the following objects, namely:- (a)\tThe making of medium-term loans and advances to co-operative banks, repayable on the expiry of a fixed period, no exceeding five years from the date of the making thereof, against such security as the Bank may, from time to time, specify in this behalf; (b)\tThe making of medium-term and long-term loans and advances to rural credit agencies created or established by or under any law for the time being in force including scheduled banks on such terms and conditions as the Bank may, from time to time, specify in this behalf; (c)\tWhere the Bank is satisfied that any co-operative bank or any scheduled bank to which a loan or advance as is referred to in clause (4) of Article 16 has been made is unable to repay the same in time, the converting of such loan or advance, into a medium-term loan or advance, as the case may be, in accordance with the provisions of sub-clause (a); (d)\tThe making of short-term and medium-term loans and advances to scheduled banks as refinance against their loans and advances to co-operative societies or farmers or dealers supplying seed, machinery, fertiliser and other requisites of agriculture to farmers on credit: Provided that such credit is granted on such terms and conditions as to security and otherwise; as may be laid down by the Bank; and (e)\tThe financing of a system of guarantees in accordance with rules to be made by the Bank to cover a portion of the bona fide loss that a scheduled bank is proved to the satisfaction of the Bank to have incurred in any transaction of loan or advance made under sub-clause (d).", "name": "", "related_acts": "", "section_id": 54 }, { "act_id": 415, "details": "61. The Bank may establish and maintain a fund to be called “Agricultural Credit Stabilisation Fund” to which shall be credited: (a)\tan initial sum of Taka 25 lakhs to be subscribed by the Government; and (b)\tappropriation of such amount from the surplus profits of the Bank as may be determined by the Bank in consultation with the Government; (c)\tthe amount in the said Fund shall be applied by the Bank only to the making of loans and advances to apex co-operative Bank repayable on the expiry of a fixed period of not less than fifteen months and not exceeding five years from the date of making such loan or advance and on such terms and conditions as may be specified in this behalf by the Bank: Provided that no such loans or advances shall be made- (i)\texcept for the purpose of enabling the apex co-operative Bank to pay any dues in respect of bills of exchange and promissory notes, purchased or rediscounted by the Bank under sub-clause (f) of clause (2) of Article 16 or loans and advances made to it by the Bank under clause (6) of Article 16 and unless, in the opinion of the Bank the apex co-operative Bank is unable to pay such dues in time due to draught, famine or natural calamities; and (ii)\tUnless such loans and advances are fully guaranteed as to the repayment of the principal and payment of interest by the Government.", "name": "", "related_acts": "", "section_id": 55 }, { "act_id": 415, "details": "62. (1) The Bank may establish and maintain a Fund to be called the Industrial Credit Fund to which shall be credited- (a)\tan initial sum of Taka one crore to be subscribed by the Government; and (b)\tappropriations of such amount from the surplus profits of the Bank as may be determined by the Bank in consultation with the Government. (2) The Industrial Credit Fund shall be applied by the Bank to the following objects, namely :- (a)\tThe making of medium-term and long-term loans and advances to co-operative banks and such institutions as the Bank may deem fit repayable on the expiry of a fixed period, not exceeding five years from the date of the making thereof, against such security as the Bank may, from time to time, prescribe in this behalf; (b)\tThe making of medium-term and long-term loans and advances to industrial credit agencies created or established by or under any law for the time being in force on such terms and conditions as the Bank may, from time to time, prescribe in this behalf; and (c)\tWhere the Bank is satisfied that any institution to which a loan or advance as referred to in clause (4) of Article 16 has been made is unable to repay the same in time, the converting of such loan and advance into a medium-term or long-term loan or advance, as the case may be, in accordance with the provisions of sub-clause (a); and (d)\tThe financing of a system of guarantees in accordance with rules to be made by the Bank to cover a portion 87* * * of any bona fide loss that a scheduled bank is proved to the satisfaction of the Bank to have incurred in any transaction of medium-term and long-term loan to a party seeking to establish an industrial project of small or medium size.", "name": "", "related_acts": "", "section_id": 56 }, { "act_id": 415, "details": "63. (1) The Bank may establish and maintain a Fund to be called the Export Credit Fund to which shall be credited- (a)\tan initial sum of Taka one crore to be subscribed by the Government, and (b)\tappropriations of such amount from the surplus profits of the Bank as may be determined by the Bank in consultation with the Government. (2) The Export Credit Fund shall be applied by the Bank to the following objects, namely :- (a)\tThe making of medium-term and long-term loans and advances to scheduled banks and other credit institutions created or established by or under any law for the time being in force, as refinance against their medium-term and long-term loans and advances given for financing exports from Bangladesh, on such terms and conditions as to security and otherwise as the Bank may, from time to time, lay down in this behalf; (b)\tThe making of loans and advances, directly or through scheduled banks or other credit institutions created or established by or under any law for the time being in force, to private or Government sponsored institutions in foreign countries, for the purpose of enabling them to import goods from Bangladesh, on such terms and conditions as the Bank may, from time to time, lay down in this behalf.", "name": "", "related_acts": "", "section_id": 57 }, { "act_id": 415, "details": "64. After making provision for bad and doubtful debts, depreciation in assets, contributions to staff superannuation fund and for all other matter for which provision is to be made by or under the Order or which are usually provided for by bankers, the balance of the profits shall be paid to the Government.", "name": "", "related_acts": "", "section_id": 58 }, { "act_id": 415, "details": "65. (1) Not less than two Auditors shall be appointed and their remuneration fixed by the Government. (2) The Auditors shall hold office for such term not exceeding one year as the Government may fix while appointing them, and shall be eligible for re-appointment.", "name": "", "related_acts": "", "section_id": 59 }, { "act_id": 415, "details": "66. Without prejudice to anything contained in Article 65 the Government may at any time appoint the Comptroller and Auditor-General or such Auditors as it deems fit to examine and report upon the accounts of the Bank.", "name": "", "related_acts": "", "section_id": 60 }, { "act_id": 415, "details": "67. (1) Every Auditor shall be supplied with a copy of the annual balance sheet and it shall be his duty to examine the same together with the accounts and vouchers relating thereto; and every Auditor shall have a list delivered to him of all books kept by the Bank, and shall at all reasonable time have access to books, accounts and other documents of the Bank, and may, at the expense of the Bank, if appointed under Article 65 or at the expense of the Government if appointed under Article 66, employ Accountants or other persons to assist him in investigating such accounts and may, in relation to such accounts, examine any Director or Officer of the Bank. (2) The Auditors shall make a report to the Government upon the annual balance sheet and accounts, and in every such 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 affairs of the Bank, and, in case they have called for any explanation or information from the Board, whether it has been given and whether it is satisfactory.", "name": "", "related_acts": "", "section_id": 61 }, { "act_id": 415, "details": "68. Omitted by section 21 of the Bangladesh Bank (Amendment) Act, 2003 (Act No. IX of 2003).", "name": "Omitted", "related_acts": "", "section_id": 62 }, { "act_id": 415, "details": "69. The Research Department and the Statistics Department of the Bank shall have the power, subject to rights and provisions guaranteed under other laws, to request from any natural or juridical person, as well as the Government, any data or information necessary for the proper execution of its duties.", "name": "", "related_acts": "", "section_id": 63 }, { "act_id": 415, "details": "8870. The Bank may subject to approval of the Government appoint any locally owned scheduled bank as its agent in a place where there is a branch of the said scheduled bank.", "name": "", "related_acts": "", "section_id": 64 }, { "act_id": 415, "details": "71. (1) For the purposes of section 124 of the Evidence Act, 1872, the provisions of Part IV of the Code of Civil Procedure, 1908, and the provisions of rule 27 of Order V, and rule 52 of Order XXI of the said Code, the Bank and any Officer of the Bank acting in his capacity as such be deemed to be a public officer. (2) The provisions of Section 123 of the Evidence Act shall apply to the unpublished records relating to the affairs of the Bank and the Governor shall be deemed to be the officer or head of the department concerned. (3) Every Officer of the Bank shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (Act XLV of 1860).", "name": "", "related_acts": "24,86", "section_id": 65 }, { "act_id": 415, "details": "72. Notwithstanding anything contained in any law for the time being in force Provident Fund or pension granted by the Bank to its employees shall not be liable to seizure, attachment or sequestration by process of any Court in Bangladesh as the instance of a creditor, for any demand against the pensioner or in satisfaction of a decree or order of any such Court.", "name": "", "related_acts": "", "section_id": 66 }, { "act_id": 415, "details": "73. The Bank shall not be liable to the payment of any Stamp Duty under the Stamp Act, 1899.", "name": "", "related_acts": "77", "section_id": 67 }, { "act_id": 415, "details": "8974. The Bank shall not be liable to the payment of any customs duty on gold, silver, coins, currency notes, security papers, and any other goods that may be specified by the Government.", "name": "", "related_acts": "", "section_id": 68 }, { "act_id": 415, "details": "75. Notwithstanding anything contained in the Income-tax Act, 1922, or the Business Profits Tax Act, 1947, or any other law for the time being in force relating to income-tax, super-tax or business profits-tax, the Bank shall not be liable to pay any income-tax, super-tax or business profits-tax on any of its income, profits or gains.", "name": "", "related_acts": "220", "section_id": 69 }, { "act_id": 415, "details": "76. The Bank shall not be placed in liquidation save by order of the Government and in such manner and on such terms and conditions as it may direct.", "name": "", "related_acts": "", "section_id": 70 }, { "act_id": 415, "details": "77. (1) If in the opinion of the Government, the Bank fails to carry out any of the obligations imposed on it by or under this Order the Government may by notification in the official Gazette declare the Board to be superseded, and thereafter the general superintendence and direction of the affairs of the Bank shall be entrusted to such agency as the Government may determine and such agency may exercise the power and do all acts and things which may be exercised or done by the Board under this Order. (2) When action is taken under clause (1) the Government shall cause a full report of the circumstances leading to such action and of the action taken to be laid before the Legislature at the earliest possible opportunity and in any case within three weeks or the re-assembly thereof after the issue of the notification superseding the Board.", "name": "", "related_acts": "", "section_id": 71 }, { "act_id": 415, "details": "78. (1) Except in the performance of his duties under this Order every employee of the Bank shall preserve and aid in preserving secrecy with regard to all matters relating to the affairs of the Bank not published by it, and with regard to all matters relating to the financial or monetary affairs of any institution, person, body of persons, any Government or authority whether in Bangladesh or outside that may come to his knowledge in the performance of his duties. (2) Every such employees who communicates any such matter, except when required by law to do so or in the discharge of his duty as such shall be guilty of an offence and shall on conviction by a Court of competent jurisdiction be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to 90Taka five lakh or with both. (3) No Court shall take cognizance of any offence punishable under this Article except upon complaint in writing by a person authorised in this behalf by the Governor.", "name": "", "related_acts": "", "section_id": 72 }, { "act_id": 415, "details": "79. (1) The Governor may, by general or special order, delegate to a Deputy Governor, subject to such conditions and limitations, if any, as may be specified in the Order, such of the powers and functions exercisable by him under this Order or under any other law for the time being in force as he may deem necessary for the efficient administration of the functions of the Bank. (2) The fact that a Deputy Governor exercises any power or does any act or thing in pursuance of this Order shall be conclusive proof of his authority to do so.", "name": "", "related_acts": "", "section_id": 73 }, { "act_id": 415, "details": "80. (1) The Bank may, notwithstanding anything contained in any law for the time being in force or any contract, depute any member of its staff for such period as it may deem fit to the Government or any institution and thereupon the person so deputed shall, during the period of his deputation, render such service to the Government or institution as it may require. (2) Nothing contained in this Article shall empower the Bank to depute any member of its staff to the Government or any institution on any salary, emoluments or other terms and conditions which is or are less favourable to him than that or those to which he is entitled immediately before such deputation.", "name": "", "related_acts": "", "section_id": 74 }, { "act_id": 415, "details": "81. Whenever the Bank anticipates economic disturbances that are likely to threaten domestic monetary stability in Bangladesh or whenever abnormal movements in the money supply or in the price level are endangering such stability, it shall be the duty of the Bank- (a)\tto adopt such policies, and to cause such remedial measures to be taken, as are appropriate in the circumstances and authorised by the Order; and (b)\tto submit to the Government 91* * * a detailed report which shall include as a minimum, an analysis of- (i)\tthe causes of the anticipated economic disturbances or, of the actual abnormal movements of the money supply or the price level; (ii)\tthe probable effects of such disturbances or movements on the level of production, employment, and real income in Bangladesh, and (iii)\tthe measures which the Bank has already taken, and the further monetary, fiscal, or administrative measures which it proposes to take or recommends for adoption by the Government.", "name": "", "related_acts": "", "section_id": 75 }, { "act_id": 415, "details": "82. (1) 92The Board may make regulations consistent with the Order to provide for all matters for which provision is necessary or convenient for the purpose of giving effect to the provisions of this Order : Provided that in the event of non existence of the Board, the Governor may, with the approval of the Government make regulations for the purpose of giving effect to the provisions of this Order and generally for carrying out the purposes of this Order. (2) In particular and without prejudice to the generality of the foregoing provision, such regulations may provide for all or any of the following matters, namely:- (a)\tthe manner in which meetings of the Board shall be transacted and the procedure to be followed at meetings thereof; (b)\tthe conduct of the business of the Executive Committee; (c)\tthe delegation of powers and functions of the Board, the Governor, Deputy Governor, Directors, or Officers of the Bank; (d)\tthe formation of committees of the Board, their supervision by the Board and the conduct of business in such committees; (e)\trecruitment of employees of the Bank including the terms and conditions of their service, constitution of superannuation, beneficial and other funds, with or without Bank's contribution, for the employees of the Bank, their welfare, providing amenities, medical facilities, grant of loans and advances, their betterment and uplift; (f)\tthe manner and form in which contracts binding on the Bank may be executed; (g)\tthe provision of an official seal of the Bank and the manner and effects of its use; (h)\tthe manner and forms in which the balance- sheet of the Bank shall be drawn up, and in which the accounts shall be maintained; (i)\tthe remuneration of Directors; (j)\tthe relations of the scheduled banks with the Bank and the returns to be submitted by the scheduled banks to the Bank; (k)\tthe regulations of clearing houses for the scheduled banks; (l)\tthe circumstances in which and the conditions and limitations subject to which, the value of any lost, stolen, mutilated or imperfect Bank Note may be refunded as of grace; (m)\tthe denomination, form, issue, negotiability, encashment and repatriation of the instruments mentioned in clause (8) of Article 16; (n)\tgenerally, for making any provision necessary or convenient for the efficient conduct of the business, discharge of functions and for purposes of management of the Bank. 93(2A) Notwithstanding anything contained in this Article, no regulation under sub-clause (h), (i) and (m) of clause (2) shall be made without the prior approval of the Government: Provided that regulations falling under sub-clause (e) on salary and compensation packages of employees would be subject to the approval of the Government, based on due consideration of skill and competence needed for central banking. (3) Copies of all regulations made under this Article shall be available to the public on payment.", "name": "", "related_acts": "", "section_id": 76 }, { "act_id": 415, "details": "83. In all laws mentioned in this Order and in all other existing laws including the Banking Companies Ordinance, 1962, the Negotiable Instruments Act, 1881, the Trusts Act, 1882, the Companies Act, 1913, the Foreign Exchange Regulation Act, 1947, the Banker's Books Evidence Act, 1891, and all rules, regulations, bye-laws, notifications, Order and instruments, references to State Bank of Pakistan shall unless the context otherwise requires, be construed as reference to “Bangladesh Bank”.", "name": "", "related_acts": "46,47,218", "section_id": 77 }, { "act_id": 415, "details": "84. (1) The State Bank Act, 1956 (Act No. XXXIII of 1956) and the Bangladesh Bank (Temporary) Order, 1971 (A.P.O. No. 2 of 1971) are hereby repealed. (2) Any rules or regulations made, order passed, notification issued, thing done, action taken or proceedings commenced under any of the provisions of the State Bank Act, 1956 (Act No. XXXIII of 1956), the Bangladesh Bank (Temporary) Order, 1971, (A.P.O. No. 2 of 1971) or deemed to have been so made, passed, issued, done, taken or commenced, shall continue in force and be deemed to have been made, or as the case may be, passed, issued, done, taken or commenced under the corresponding provision of this Order.", "name": "", "related_acts": "", "section_id": 78 } ], "text": "1WHEREAS, it is necessary to establish a central bank in Bangladesh to manage the monetary and credit system of Bangladesh with a view to stabilising domestic monetary value and maintaining a competitive external par value of the Bangladesh Taka towards fostering growth and development of country’s productive resources in the best national interest; 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": 416, "lower_text": [ "1 The word “company” was substituted for the word “Company” by section 2 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "2 The word “loan” was substituted for the word “Loan” by section 2 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "3 Clause (3) was added by section 2 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1993 (Act No. IV of 1993)", "4 Article 6 was substituted by section 3 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1993 (Act No. IV of 1993)", "5 Clause (2) was substituted by section 3 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987)", "6 Clause (1) was substituted by section 4 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1993 (Act No. IV of 1993)", "7 Article 9 was substituted by section 5 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1993 (Act No. IV of 1993)", "8 The word and comma “Chairman,” were inserted by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)", "9 Article 11A was inserted by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)", "10 Clause (1) was substituted by section 6 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987)", "11 The words and commas “and, in making such appointment, the Government shall ordinarily consult the Board” were omitted by section 6 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1993 (Act No. IV of 1993)", "12 The words “four if the Board consists of nine Directors including the Managing Director and three if the Board consists of less than nine Directors” were substituted for the words “three if the Board consists of five Directors and two if the Board consists of less than five Directors” by section 4 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "13 The words “if the Board consists of nine Directors including the Managing Director and three if the Board consists of less than nine Directors” were omitted by section 7 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1993 (Act No. IV of 1993)", "14 Clause (5) was substituted by section 7 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987)", "15 Article 15 was substituted by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987)", "16 The word “furnishing” was substituted for the word “Furnishing” by section 5 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "17 Clause (hh) was inserted by section 9 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987)", "18 The word “issuing” was substituted for the word “Issuing” by section 5 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "19 The word “disposing” was substituted for the word “deposing” by section 5 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "20 The words “ Mutual Funds and Unit Trusts” were substituted for the words “ mutual funds and unit trust” by section 5 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "21 The word and comma “absolutely,” were substituted for the word “absolutely” by section 5 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "22 Sub-clause (v) was substituted by section 9 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987)", "23 The word “Courts” was substituted for the word “course” by section 5 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "24 Clause (1) was substituted by section 10 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987)", "25 The words “twenty-five” were substituted for the word “twenty” by section 6 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "26 The word and comma “mortgage,” were substituted for the word “mortgage” by section 6 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "27 The word “Order” was substituted for the word “order” by section 7 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "28 The word “clause” was substituted for the word “Clause” by section 7 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "29 The words “with prior approval of the Government” were omitted by section 12 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987)", "30 The word “institutions” was substituted for the word “institute” by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "31 The word “institutions” was substituted for the word “institute” by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "32 The word “institutions” was substituted for the word “institute” by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "33 The words “Managing Director” were substituted for the words “chief executive officer” by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "34 The word “institutions” was substituted for the word “institute” by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "35 The words “Managing Director” were substituted for the words “Chief Executive Officer” by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "36 The words “transfer or” were substituted for the words “transfer of” by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "37 The word “institutions” was substituted for the word “institute” by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "38 The word “having” was substituted for the word “have” by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "39 The word “institutions” was substituted for the word “institute” by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "40 The word “institutions” was substituted for the word “institute” by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "41 The word “institutions” was substituted for the word “institute” by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "42 The commas and words “, subject to other provisions of this Article,” were inserted by section 2 and the Schedule of the Financial Institutions Laws Amendment Ordinance, 1977 (Ordinance No. LXI of 1977)", "43 The words “case may be” were substituted for the words “case may” by section 9 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "44 The words and comma “Fund, gratuity” were substituted for the words “Fund gratuity” by section 9 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "45 The word and colon “Sangstha:” were substituted for the word and semi-colon “Sangstha;” by section 9 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "46 The word and colon “Sangstha:” were substituted for the word and semi-colon “Sangstha;” by section 9 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "47 The words “or other employee” were substituted for the words “or employee” by section 9 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "48 The words “or other employee” were substituted for the words “or employee” by section 9 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "49 Clause (6) was omitted by section 13 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987)", "50 Article 26 was substituted by section 14 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987)", "51 The word “underwriting” was substituted for the words “under writing” by section 11 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "52 Article 28 was re-numbered as clause (1) by section 15 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987)", "53 Clause (ii) was substituted by section 2 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1983 (Ordinance No. L of 1983)", "54 Clauses (2) and (3) were added by section 15 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987)", "55 Clause (2) was substituted by section 16 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987)", "56 The words “with the prior approval of the shareholders in the annual general meeting” were omitted by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1993 (Act No. IV of 1993)", "57 The word and comma “it,” were substituted for the word “it” by section 12 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "58 The word “relating” was substituted for the word “reltng” by section 12 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "59 The word “officer” was substituted for the word “Officer” by section 12 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "60 The word “Government” was substituted for the word “shareholders” by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1993 (Act No. IV of 1993)", "61 The word “Government” was substituted for the word “shareholders” by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1993 (Act No. IV of 1993)", "62 The word “creditors” was substituted for the word “credors” by section 12 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "63 The word “Government” was substituted for the word “shareholders” by section 8 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1993 (Act No. IV of 1993)", "64 The words “declared as dividends” were substituted for the words “paid to the Government” by section 17 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987)", "65 Article 31A was inserted by section 18 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987)", "66 The word “it” was substituted for the word “It” by section 13 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "67 The word “document” was substituted for the word and comma “document,” by section 13 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "68 The brackets, figure and word “(1) Where” was substituted for the word “where” by section 14 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "69 The comma and word “, together” were substituted for the word “together” by section 14 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "70 The word “District” was substituted for the word “Disrict” by section 14 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "71 The words “or to” were substituted for the word and letter “or o” by section 14 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "72 The word “under” was substituted for the word and comma “, under” by section 14 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "73 The word “industrial” was substituted for the word “Industrial” by section 14 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "74 The word “injunction” was substituted for the word “injuction ” by section 14 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "75 The word “remainder” was substituted for the word “reminder” by section 14 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "76 The word “against” was substituted for the word “agaist” by section 14 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "77 The word “order” was substituted for the word and comma “order,” by section 14 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "78 The words “High Court Division” were substituted for the words “High Court” by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)", "79 The words and comma “order, appeal” were substituted for the words “order appeal” by section 14 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "80 The words “High Court Division” were substituted for the words “High Court” by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)", "81 The words “High Court Division” were substituted for the words “High Court” by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)", "82 Articles (5) and (6) were added by section 2 of the Bangladesh Shilpa Rin Sangstha (Second Amendment) Ordinance, 1984 (Ordinance No. LXV of 1984)", "83 The words “Managing Director” were substituted for the word “Chairman” by section 15 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "84 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)", "85 Section 36A was inserted by section 2 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1984 (Ordinance No. VIII of 1984)", "86 Article 39A was inserted by section 10 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1993 (Act No. IV of 1993)", "87 The words “such order” were substituted for the words “such Order” by section 16 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "88 The words and commas “may, with the approval of the Government, make regulations” were substituted for the words “may make regulations” by section 11 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1993 (Act No. IV of 1993)", "89 Sub-clause (aa) was omitted by section 11 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1993 (Act No. IV of 1993)", "90 The words “Managing Director” were substituted for the word “Chairman” by section 15 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)", "91 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)", "92 The word “committee” was substituted for the word “Committee” by section 17 of the Bangladesh Shilpa Rin Sangstha (Amendment) Ordinance, 1977 (Ordinance No. XIV of 1977)" ], "name": "The Bangladesh Shilpa Rin Sangstha Order, 1972 (President's Order)", "num_of_sections": 50, "published_date": "31st October, 1972", "related_act": [ 98, 218, 560, 369, 596, 86, 442, 415 ], "repelled": false, "sections": [ { "act_id": 416, "details": "1. (1) This Order may be called the Bangladesh Shilpa Rin Sangstha Order, 1972. (2) It extends to the whole of Bangladesh and also applies to the Business of the Sangstha transacted outside Bangladesh. (3) It shall come into force at once.", "name": "", "related_acts": "", "section_id": 1 }, { "act_id": 416, "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 Sangstha; (b)\t“bond” means a bond of any description issued by any institution or by the Government; (c)\t“Chairman” means the Chairman of the Board; (d) “ 1company” means a company as defined in the Companies Act, 1913 (Act VII of 1913), and includes a body corporate established or incorporated under any other law for the time being in force; (e)\t“Sangstha” means the Bangladesh Shilpa Rin Sangstha established by this Order; (f)\t“Credit and Investment Corporation” means the Pakistan Industrial Credit and Investment Corporation Limited which, after the 16th day of December, 1971, was called the Bangladesh Industrial Credit and Investment Corporation Limited; (g)\t“debenture” means debenture issued by any institution in Bangladesh in accordance with the rules for the time being applicable to the issue of debenture and includes debenture stock; (h)\t“Deposit account” means an account maintained by the Sangstha of the cash deposits made with it for purposes of investment; (i)\t“Director” means a Director of the Sangstha; (j)\t“District Judge” includes an Additional District Judge or a Subordinate Judge; (k)\t“equity security” means- (i)\tany stock or transferable share, preferred or common, or similar security representing ownership; (ii)\tany security carrying any warrant or right to purchase or subscribe for such security and any such warrant or right itself; and (iii)\tsuch other security representing ownership as may be prescribed;  (m)\t“Government” means the Government of the People's Republic of Bangladesh; (n)\t“industrial concern” means a concern engaged or to be engaged in such industry or business, or in the manufacture, preservation or processing of such goods, as the Government may, by notification in the official Gazette, specify from time to time, and includes a company; (o)\t“industrial concern in the private sector” means an industrial concern which is not an industrial concern in the Public sector; (p)\t“industrial concern in the public sector” means an industrial concern at least fifty one per cent shares of which are held by the Government and includes any other industrial concern which the Government may, by notification in the official Gazette, declare to be an industrial concern in the public sector for the purpose of this Order; (q)\t“institution” means an organisation established under any law for the time being in force in Bangladesh for the promotion of some public object; (r)\t“Investment Corporation” means the Investment Corporation of Bangladesh established under the Investment Corporation Ordinance, 1966 (Ord. No. IV of 1966), read with the Bangladesh (Administration of Financial Institutions) Order, 1972 (A. P. O. No. 3 of 1972), which before the seventh day of January, 1972 was called the Investment Corporation of Pakistan; (s)\t“Investment Trust” means the National Investment Trust Limited; (t) \t“ 2loan” includes guarantee or indemnity which the Sangstha may give on behalf of an industrial concern and any liability which the Sangstha may incur on behalf of an industrial concern; (u)\t“Managing Director” means the Managing Director of the Sangstha;  (v)\t“prescribed” means prescribed by rules or regulations made under this Order; (w)\t“securities” includes any note, stock, bond, debenture, evidence of indebtedness, transferable share, investment contract, certificate of deposit for a security, certificate of interest or participation in any profit sharing agreement; and (x)\t“underwriting” means contracting, with or without conditions, to purchase or subscribe for stocks, shares, bonds, debentures or other securities issued by any company with a view to holding, selling or distributing the whole or part thereof.", "name": "", "related_acts": "369", "section_id": 2 }, { "act_id": 416, "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": 416, "details": "4. (1) On the commencement of this Order, there shall be established a Sangstha to be called the Bangladesh Shilpa Rin Sangstha for the purposes of this Order.  (2) The Sangstha 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 to contract, and shall by the said name sue and be sued.  3 (3) The Sangstha shall be deemed to be a banking company for the purposes of ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন) and Bangladesh Bank Order, 1972 (P. O. No. 127 of 1972) and any other law for the time being in force relating to banking companies.", "name": "", "related_acts": "415", "section_id": 4 }, { "act_id": 416, "details": "5. (1) The head office of the Sangstha shall be at Dacca. (2) The Sangstha may establish offices, branches and agencies at such places in or outside Bangladesh as the Board may think fit.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 416, "details": "46. The authorised capital of the Sangstha shall be two thousand million taka to be subscribed by the Government from time to time according to requirement of the Sangstha and in such form and manner as may be prescribed: Provided that the Government may increase the authorised capital of the Sangstha from time to time.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 416, "details": "7. (1) Subject to rules made under this Order, the general direction and administration of the affairs and business of the Sangstha 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 Sangstha. 5(2) Subject to the general policy guidelines as may be given by the Government from time to time, the Board, in discharging its functions, shall act on commercial and banking considerations with due regard to the interests of industry and commerce and to the public interest generally. (3) Until the first Board is appointed under Article 8, the Managing Director appointed under the said Article shall exercise all powers, do all acts and things as may be exercised or done by the Board.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 416, "details": "8. 6(1) The Board shall consist of a Managing Director and eight other Directors to be appointed by the Government. (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": 8 }, { "act_id": 416, "details": "79. (1) The Managing Director and other Directors 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 Managing Director or any other Director without assigning any reason. (3) The Managing Director or any other Director may, at any time, resign his office by notice in writing addressed to the Government: Provided that no resignation shall be effective until it has been accepted by the Government.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 416, "details": "10. (1) The Managing Director shall be the chief executive officer of the Sangstha. (2) The 8Chairman, Managing Director 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": 10 }, { "act_id": 416, "details": "11. 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 (b)\tis a minor; or (c)\tis found to be a lunatic or of unsound mind; or (d)\tis or at any time has been adjudicated an insolvent or has suspended payment or compounded with his creditors; 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; or (f)\thas any financial or other interest in any industrial concern financed by the Sangstha which is likely to affect prejudicially his functions as a Director; or  (g)\tis or becomes a salaried employee of any industrial concern financed by the Sangstha.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 416, "details": "911A. 10(1) The Government shall appoint one of the Directors, other than the Managing Director, to be the Chairman of the Board 11* * *. (2) Subject to his continuing to hold office as a Director, the Chairman shall hold office as Chairman for the term 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": 12 }, { "act_id": 416, "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 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 the number of Directors present shall be 12four 13* * *. (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. 14(5) If for any reason the Chairman is unable to be present at a meeting of the Board, a Director, other than the Managing Director, chosen by the Directors present shall preside over the meeting.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 416, "details": "13. 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": 14 }, { "act_id": 416, "details": "14. All acts done by the Chairman or any other Director, acting in good faith, shall, notwithstanding any defect in his appointment or in the procedure, be valid.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 416, "details": "1515. (1) Every Director, officer or employee of the Sangstha shall be indemnified by the Sangstha 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) No suit, prosecution or other legal proceedings shall lie against the Chairman, the Managing Director or any other Director or any officer or other employee of the Sangstha or any other person authorised by the Sangstha to discharge any function under this Order for anything done or intended to be done in good faith under this Order.", "name": "", "related_acts": "", "section_id": 16 }, { "act_id": 416, "details": "16. The Sangstha may carry on, transact or do several kinds of business and acts hereinafter specified, namely:- (a)\tassisting in the creation, expansion and modernisation of industrial concerns;  (b)\tencouraging, sponsoring and facilitating participation of capital, internal as well as external, in industrial concerns and acquisition or ownership of industrial investments, shares and securities; (c)\tunderwriting, managing and distributing the issue of stocks, shares, bonds, debentures and other securities either directly or through or jointly with any investment or financial institution; (d)\tproviding finance in the form of long or medium term loans or share participation; (e)\tguaranteeing and counter guaranteeing loans, debts, credits, performance of contracts and obligations of any kind; (f)\tadministering as agent to the Government such loans and in such manner as the Government may direct; (g)\tengaging in the business of investing and reinvesting in the owning and holding of securities and of discounting of purchase of shares and investment in such other securities as may be approved by the Board; (h)\t 16furnishing managerial, technical and administrative advice to, and assisting in obtaining managerial, technical and administrative services by, any industrial concern or person; 17(hh) \tengaging in research for industrial promotion and providing advisory and consultancy services; (i)\tfacilitating investment by selling new floatations of existing or new industrial concerns without underwriting obligations; (j)\tmerchandising, buying, selling, holding or transferring of shares, stocks debentures, debenture stocks, bonds, obligations and securities; (k)\tdrawing, making, accepting, endorsing, negotiating, executing, issuing, discounting, buying and selling of bills of exchange, promissory notes and other negotiable or transferable instruments; (l)\t 18issuing or opening of letters of credit; (m)\tdrawing of bills of exchange and granting of letters of credit payable outside Bangladesh; (n)\tlending money with or without security and making advance upon or holding in trust, or otherwise acquiring or 19disposing of, on commission or otherwise, any of the securities or investments; (o)\treceiving money on time deposit, loan or otherwise on such terms as may be approved by the Board; (p)\ttaking over, running and selling of such industrial concerns as have failed to repay in full the loan taken from the Sangstha; (q)\topening and maintaining of Investors' Deposit Accounts and managing investment portfolios on behalf of individuals or institutions; (r)\tpurchasing and selling shares to the Investors' Deposit Account holders over the counter; (s)\tproviding professional counsel regarding investments and helping generally in broadening the base of investments and encouraging investment in sound projects, whether by issuing 20Mutual Funds or Unit Trusts or both in or outside Bangladesh or otherwise; (t)\tconstituting, promoting, issuing, organising, managing and administering Mutual Funds or Unit Trusts of any type or character and acquiring, holding, dealing, selling, paying or disposing of, or dealing in shares, certificates, or securities of, such Funds or Trusts;  (u)\tbeing a member of a stock exchange in Bangladesh; (v)\tfor purposes of, and in matters relating to, its business or object: (i)\tpurchasing or otherwise acquiring, owning, selling, transferring and exchanging any tangible or intangible, movable or immovable property and any right, title or interest in such property 21absolutely, temporarily or on hire or by hire purchase or on instalment or entering into joint venture or profit sharing arrangements with, or assisting in any way, any industrial concern or person on such terms and conditions as may be approved by the Board; (ii)\taccepting and furnishing any undertaking or commercial guarantee for the performance of any obligation or the fulfillment of any contract or the repayment of any money; (iii)\taccepting and furnishing any lien, charge, hypothecation or mortgage on any movable or immovable property or any bond or promissory note or bill of exchange; (iv)\tentering into agreements and contracts and executing such documents as may be considered necessary or expedient; 22(v) \tappointing attorneys, lawyers, counsels, consultants and agents; (vi)\tsubsidising from time to time of the provident fund or other funds created for the benefit of its employees; (w)\treceiving, recovering and paying interest, commission, fees and other charges and brokerage in connection with the business of the Sangstha; (x)\tselling and realising all property, whether movable or immovable, which may in any way come into possession of the Sangstha in satisfaction or part satisfaction of its claims;  (y)\tgenerally doing all such acts and things as may be necessary, incidental, subsidiary or conducive to the transacting of any of the aforesaid business or acts including proceedings in 23Courts of law; and (z)\tdoing of such other acts and things for the purposes of giving effects to the provisions of this Order.", "name": "", "related_acts": "", "section_id": 17 }, { "act_id": 416, "details": "17. 24(1) The business provided for in Article 16 may be transacted with any industrial concern, either in the public or in the private sector, but shall not be transacted with any industrial concern incorporated outside Bangladesh. (2) Short term advance and loans for the purposes of working capital of any industrial concern shall not be made of an amount exceeding, at any time, 25twenty-five per cent of the total advances made to such concern except with the approval of the Government. (3) No guarantee, loan or subscription provided for in Article 16 shall be made which is not secured by pledge, 26mortgage, hypothecation or assignment any property, movable or immovable, to the extent determined by the Board or by a contract to mortgage, hypothecate or assign any property which may be acquired in future with or without financial assistance of the Sangstha.", "name": "", "related_acts": "", "section_id": 18 }, { "act_id": 416, "details": "18. Omitted by section 11 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1987 (Act No. XIX of 1987).", "name": "Omitted", "related_acts": "", "section_id": 19 }, { "act_id": 416, "details": "19. (1) The Sangstha shall not undertake or transact any kind of business other than those authorized by or under this 27Order and, in particular, it shall not discount or buy or advance, lend or open cash credit on the security of, any negotiable instrument of any individual or partnership firm which does not carry on it the several responsibilities of at least two persons or firms not connected with each other in general partnership. (2) Notwithstanding anything contained in 28clause (1), the Sangstha may grant advances or loans or make ex gratia payments 29* * *, to its officers and staff for the purposes of providing amenities and facilities for their betterment.", "name": "", "related_acts": "", "section_id": 20 }, { "act_id": 416, "details": "20. On the commencement of this Order, the undertakings of the Credit and Investment Corporation, the Investment Corporation and the Investment Trust, hereinafter in this Order referred to as the said financial institutions, shall be transferred to, and shall vest in, the Sangstha.", "name": "", "related_acts": "", "section_id": 21 }, { "act_id": 416, "details": "21. (1) The undertaking of any of the said financial institutions 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 said financial 30institutions 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, unless the Government otherwise directs, also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the said financial 31institutions in relation to such undertaking within the territory of Bangladesh. Explanation - The assets of any of the said financial institutions shall be deemed to include any sum payable by or in respect of any industrial concern or person in Bangladesh on account of any financial assistance taken by or for it or him from any office of any of the said financial institutions in or outside 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 assets situated in that country which form part of the undertaking of any of the said financial institutions to, or in, the Sangstha, the affairs of the said financial 32institutions in relation to such assets shall, on and from the commencement of this Order, stand entrusted to the 33Managing Director, for the time being, of the Sangstha, and he may exercise all powers and do all such acts and things as may be exercised or done by the said financial 34institutions for the purpose of effectively transferring such assets. (3) The 35Managing Director of the Sangstha 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 36transfer or vesting, and may either himself or through any person authorised by him in this behalf, realise any such assets of the said financial 37institutions. (4) Unless otherwise expressly provided by this Order and unless the Government otherwise directs, all contracts, deeds, bonds. agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or 38having effect immediately before the commencement of this Order and to which any of the said financial institutions is a party or which are in favour of the said financial 39institutions shall, in so far as they relate to the undertaking of the said financial 40institutions, which has vested in the Sangstha under Article 20, be of as full force and effect against or in favour of the Sangstha, and may be enforced or acted upon as fully and effectually as if in the place of the said financial 41institutions, the Sangstha had been a party thereto or as if they had been issued in favour of the Sangstha. (5) Subject to the other provisions of this Order and unless the Governmer otherwise directs, any suit, appeal or other proceeding of whatever nature pending on the date of commencement of this Order by or against any of the said financial institutions in relation to its undertaking which has vested in the Sangstha under Artilce 20 shall be deemed to be suit, appeal or other proceeding pending by or against the Sangstha, and may be continued, prosecuted and enforced by or against the Sangstha.", "name": "", "related_acts": "", "section_id": 22 }, { "act_id": 416, "details": "22. (1) The Sangstha may 42, subject to other provisions of this Article, 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 the said financial institutions in Bangladesh shall become, on the commencement of this Order, an Officer or other employee, as the 43case may be, of the Sangstha and shall hold office or service in the Sangstha on the same terms and conditions and with the same rights and privileges as to Provident 44Fund, gratuity, pension and other matters as were enjoyed by him immediately before such commencement and shall continue to do so unless and until his employment in the Sangstha is terminated or until his remuneration or terms and conditions are duly altered by the 45Sangstha: Provided that an officer or other employee may, within such time as may be specified by the Sangstha, exercise his option not to continue in the service of the 46Sangstha: Provided further that the Government may alter the terms and conditions of service of an officer or employee if such alteration is considered necessary for the sake of uniformity and in the interest of equity in service. (3) Notwithstanding anything contained in any terms and conditions of service or in any award, settlement or agreement for the time being in force, the Sangstha 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 Sangstha, and if such alteration is not acceptable to an officer or other employee, the Sangstha may terminate his employment by giving him compensation equivalent to three months' remuneration in case of a permanent officer 47or other employee and one month's remuneration in case of temporary officer 48or other 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 or not any person was an officer or other employee of any of the said financial institutions 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. (5) The transfer of service of any officer or other employee from any of the said financial institutions to the Sangstha 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. 49* * *", "name": "", "related_acts": "", "section_id": 23 }, { "act_id": 416, "details": "23. (1) Where any property has vested in the Sangstha under Article 20, every person, in whose possession and custody or under whose control the property may be, shall deliver the property to the Sangstha forthwith. (2) Any person who, on the commencement of this Order, has in his possession or custody or under his control any books, documents or other papers relating to the undertaking which has vested in the Sangstha under Article 20 shall deliver them to the Sangstha or to such person as the Sangstha may direct. (3) The Sangstha may take all necessary steps for securing possession of all properties which have vested in the Sangstha under Article 20.", "name": "", "related_acts": "", "section_id": 24 }, { "act_id": 416, "details": "24. The Government shall give compensation to the said financial institutions for such of their undertakings transferred to the Sangstha under Article 20 as have not already vested in the Government by or under any law, and such compensation shall be determined and distributed among the shareholders of the said financial institutions in such manner as may be prescribed by rules made under this Order: Provided that the total compensation payable to any of the said financial institutions under this Article shall not exceed the total paid up value of the shares held by the shareholders in Bangladesh among whom such compensation is to be distributed.", "name": "", "related_acts": "", "section_id": 25 }, { "act_id": 416, "details": "25. The Sangstha 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 every financial year showing the estimated receipts and expenditure during that financial year.", "name": "", "related_acts": "", "section_id": 26 }, { "act_id": 416, "details": "5026. (1) The Sangstha may issue and sell bonds and debentures carrying interest at such rates as the Board may determine. (2) Notwithstanding anything contained in the Foreign Exchange Regulation Act, 1947 (VII of 1947), or any other law for the time being in force, the Sangstha may, for the purpose of granting loans and advances to industrial concerns in foreign currency, borrow such currency from the Government or from any bank or other financial institution in Bangladesh or from any foreign Government or foreign bank or other financial institution, and may pledge, mortgage, hypothecate or assign to such Government, bank or financial institution all or any part of the security taken by the Sangstha for the loans granted in foreign currency. (3) The Government may, if it considers it expedient, guarantee the repayment of principal and payment of interest in respect of the bonds and debentures issued, and the borrowing made, by the Sangstha under this Article on such terms and conditions as may be agreed upon between the Government and the Sangstha.", "name": "", "related_acts": "218", "section_id": 27 }, { "act_id": 416, "details": "27. (1) For the purpose of transacting any business under this Order with any industrial concern or person the Sangstha may impose such conditions as it may consider necessary or expedient for protecting its interest and securing that its guarantee, 51underwriting, loan, subscription or other aid is put to such use by the industrial concern or person as the Sangstha has agreed to. (2) Any condition imposed on an industrial concern or person under clause (1) shall be valid and shall be enforceable against such concern or person.", "name": "", "related_acts": "", "section_id": 28 }, { "act_id": 416, "details": "28. 52(1) All loans granted to an industrial concern in foreign currency shall be repaid in accordance with such terms and conditions as may be determined by the Board either- (i) \tin the currency in which they were granted; or 53(ii) in Bangladesh currency at the rate of exchange prevailing on the date of payment or at such other rate as the Government may, by order, determine from time to time in this behalf. 54(2) Any loss incurred by, or profit accrued to, the Sangstha in connection with any foreign currency borrowed by it under clause (2) of Article 26 due to any fluctuation in any exchange rate shall be on the account of the recipient from the Sangstha of the foreign currency borrowed by it. (3) The Sangstha may adopt an insurance policy to cover the risk of loss due to fluctuation in the exchange rate of the foreign currency borrowed by it under clause (2) of Article 26 and the recipient from the Sangstha of such foreign currency shall pay such premium for the insurance policy as the Sangstha may determine.", "name": "", "related_acts": "", "section_id": 29 }, { "act_id": 416, "details": "29. (1) The Sangstha shall maintain proper accounts and prepare annual statement of accounts including the profit and loss account and balance sheet, and shall comply in respect of such accounts with such general direction as may be issued by the Government from time to time. 55(2) The accounts of the Sangstha shall be audited by not less than two auditors who shall be chartered accountants within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), and who shall be appointed by the Sangstha 56* * *: Provided that the Government may, if it deems it expedient, appoint special auditors for undertaking special audit of the accounts of the Sangstha. (3) Every auditor appointed under clause (2) shall be given a copy of the annual balance sheet and other accounts of the Sangstha and shall examine 57it, together with the accounts and vouchers 58relating thereto, and shall have a list delivered to him of all books kept by the Sangstha, and shall at all reasonable times have access to books, accounts and other documents of the Sangstha, and may, in relation to such accounts, examine any Director or 59officer of the Sangstha. (4) The auditors shall report to the 60Government 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 affairs of the Sangstha and, in case 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 measures taken by the Sangstha for the protection of the interest of the 61Government and of the 62creditors of the Sangstha or upon the sufficiency of the procedure in auditing the affairs in the Sangstha, 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 63Government so reqires.", "name": "", "related_acts": "442", "section_id": 30 }, { "act_id": 416, "details": "30. (1) The Sangstha shall furnish to the Government such returns, reports and statements as the Government may from time to time require. (2) The Sangstha 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 29 together with an annual report on the working of the Sangstha during the 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 Parliament.", "name": "", "related_acts": "", "section_id": 31 }, { "act_id": 416, "details": "31. (1) The Sangstha shall establish a reserve fund to which shall be credited such amount out of its net annual profit as the Board may determine. (2) After deducting the amount under clause (1) and making provision for bad and doubtful debts, depreciation of assets and such other matters as are usually provided for by bankers or are considered expedient in the interest of the Sangstha, any surplus remaining thereafter shall be 64declared as dividends.", "name": "", "related_acts": "", "section_id": 32 }, { "act_id": 416, "details": "6531A. The Sangstha may establish a fund to be called the Special Assistance Fund for providing concessional loans and advances to persons dealing with inventions and innovations in such sector as the Sangstha may decide in this behalf.", "name": "", "related_acts": "", "section_id": 33 }, { "act_id": 416, "details": "32A. Omitted by section 9 of the Bangladesh Shilpa Rin Sangstha (Amendment) Act, 1993 (Act No. IV of 1993).", "name": "Omitted", "related_acts": "", "section_id": 34 }, { "act_id": 416, "details": "32. Notwithstanding any agreement to the contrary, the Sangstha may, by notice, require any industrial concern to which it has granted any loan or any person who is liable for payment of such loan forthwith to repay the loan in full, if- (a)\t 66it appears to the Sangstha that information, false or misleading in any material particular, has been given in the application for the loan; or (b)\tthe industrial concern has failed to comply with the terms of any agreement with the Sangstha in the matter of the loan; or (c)\tthere is a reasonable apprehension that the industrial concern is unable to pay its debts or may go into liquidation; or (d)\tthe property pledged, mortgaged, hypothecated or assigned to the Sangstha as security for the loan, is not insured or kept insured by the industrial concern to the satisfaction of the Sangstha or has, in the opinion of the Sangstha, depreciated in value by more than twenty percent and further security to the satisfaction of the Sangstha is not given; or (e)\twithout the permission of the Sangstha, machinery or other equipment or any asset is removed from the premises of the industrial concern without being replaced; or (f)\twithout permission of the Sangstha, any property of the industrial concern is sold, transferred, exchanged or alienated in any manner; or (g)\twithout prior approval of the Sangstha in writing, the management of the industrial concern has been changed or altered; or (h)\twithout any satisfactory reason, the industrial concern or the person responsible for payment of the loans has failed to attend or reply to the enquiries made by the Sangstha or failed to supply the papers or 67documents asked for by the Sangstha; or (i)\tfor any other reason, it is necessary, in the opinion of the Sangstha, to protect the interest of the Sangstha or of the industrial concern.", "name": "", "related_acts": "", "section_id": 35 }, { "act_id": 416, "details": "33. 68(1) Where the Sangstha becomes entitled to require the immediate payment of any loan before the due date under Article 32 or by reason of the breach of any condition of any agreement between the Sangstha and an industrial concern to which any loan has been granted or any person liable for payment of that loan, or where an industrial concern to which any loan has been granted or any person liable for payment of that loan fails to repay the loan by the due date or in compliance with the notice under Article 32, an officer of the Sangstha generally or specially authorised by the Board in this behalf, may apply to the District Judge within the local limits of whose jurisdiction the industrial concern carries on the whole or a substantial part of its business, or the office or Branch of the Sangstha from which the loan was disbursed is situated, for one or more of the following reliefs, namely:- (a)\tan order for the sale of the property pledged, mortgaged, hypothecated or assigned to the Sangstha as security for the loan or any other property of the industrial concern or of any person liable for payment of the loan or for payment of other sum relating thereto; or (b)\ttransfer of the management and administration, including the authority to operate the bank accounts, of the industrial concern to the Sangstha or to a person specified by the Sangstha; or (c)\tan order for injunction ad interim where there is apprehension that the machinery or equipment or other assets may be removed from the premises of the industrial concern without the permission of the Sangstha or the properties of any other person who is liable for payment of the loan or any other sum relating thereto may be transferred, removed or destroyed; or (d)\tan order for payment of the loan or any other sum relating thereto. (2) An application under clause (1) shall state the nature and extent of the liability of the industrial concern to the Sangstha, the ground on which it is made and such other particulars as the Sangstha may consider necessary. (3) When the application is for the relief mentioned in sub clause (a) or sub clause (c) of clause (1), the District Judge shall pass an order ad interim, attaching the property referred to in sub clause (a) as aforesaid or such other property of the industrial concern or of the persons liable for payment of the loan or of both as is likely in his estimation to fetch, on being sold, an amount equivalent to the outstanding liability of the industrial concern to the Sangstha 69, together with the costs of the proceedings taken under this Article, with or without an order of injunction ad interim restraining the industrial concern from transferring or removing any machinery or equipment or any other assets without the consent of the Sangstha or restraining the persons from transferring, removing or destroying the same. (4) Where the application is for the relief mentioned in sub clause (b) of clause (1), the District Judge shall pass an order for injunction ad interim restraining the industrial concern from transferring or removing its machinery, equipment or any other assets and shall issue a notice calling upon industrial concern to show cause on a date to be specified in the notice why the management and administration, including the authority to operate the bank accounts, of the industrial concern, should not be transferred to the Sangstha or to a person specified by the Sangstha. (5) Where the application is for the relief mentioned in sub-clause (d) of clause (1), the District Judge shall issue a notice calling upon the industrial concern or the person who is liable to make the payment to show cause on a date to be specified in the notice why an order for payment of the loan or any other sum relating thereto shall not be passed. (6) Before passing any order under clause (3), (4) or (5), the 70District Judge may, if he thinks fit, examine the person making the application. (7) At the time of passing an order under clause (3), the District Judge shall issue to the industrial concern 71or to the persons liable for payment of the loan or any other sum relating thereto a notice accompanied by a copy of the order, the application and evidence, if any, recorded by him calling upon it or him to show cause on a date to be specified in the notice why the order of attachment ad interim should not be made absolute or the injunction be not confirmed. (8) If no cause is shown on or before the date specified in the notice 72under clause (4) or (7), the District Judge shall forthwith make the order ad interim absolute and direct the sale of the attached property or transfer the management and administration, including the authority to operate the bank accounts, of the 73industrial concern to the Sangstha or to the person specified by the Sangstha or confirm the 74injunction. (9) If no cause is shown on or before the date specified in the notice under clause (5), the District Judge shall pass an order for payment of the loan or any other sum relating thereto. (10) If cause is shown, the District Judge shall proceed to investigate into the claim of the Sangstha and the provisions of the Code of Civil Procedure, 1908 (Act V of 1908), shall, as far as practicable, apply to such proceedings. (11) On completion of the investigation under clause (10), the District Judge shall pass an order- (a)\tconfirming the order of attachment or directing the sale of the attached property; or (b)\tvarying the order of attachment so as to release a portion of the property from attachment and directing the sale of the 75remainder of the attached property; or (c)\treleasing the property from attachment, if he is satisfied that it is not necessary in the interests of the Sangstha to retain it under attachment; or (d)\tconfirming or vacating the injunction; or (e)\ttransferring or refusing to transfer the management and administration, including the authority to operate the bank accounts, of the industrial concern to the Sangstha or to the person specified by the Sangstha; or (j)\tdirecting the payment of the loan or any other sum relating thereto: Provided that when making any order under sub clause (c), the District Judge may make such further orders as he thinks necessary to protect the interests of the Sangstha and may also allow the cost of the proceedings: Provided further that unless the Sangstha intimates to the District Judge that it will not appeal 76against any order releasing any property from attachment, such 77order shall not be executed until the expiry of the period mentioned in clause (13), or if any appeal is preferred, unless the 78High Court Division otherwise directs, until the appeal is disposed of. (12) An order under this Article for the attachment or sale of property or payment of the loan or any other sum relating thereto shall be carried into effect as far as may be in the manner provided in the Code of Civil Procedure, 1908 (Act V of 1908), for the attachment or sale of property in execution of a decree or for the execution of a decree as if the Sangstha were the decree holder. (13) Any party aggrieved by an order made under clause (8), (9) or (11) may, within thirty days from the date of the 79order, appeal to the 80High Court Division and upon such appeal, the 81High Court Division may, after hearing the parties, pass such orders as it thinks proper.", "name": "", "related_acts": "86,86", "section_id": 36 }, { "act_id": 416, "details": "34. (1) Where any industrial concern which is under a liability to the Sangstha under an agreement makes any default in payment or otherwise fails to comply with the terms of its agreement with the Sangstha, the Sangstha may, notwithstanding anything contained in Article 33, take over the management and administration of the industrial concern, and may sell or realise any property pledged, mortgaged, hypothecated or assigned by the industrial concern to secure its liability to the Sangstha. (2) Any transfer of property made by the Sangstha in exercise of its powers of sale or realisation under clause (1) shall vest in the transferee all rights in or to the property transferred as if the sale had been made by the owner of the property and such transfer shall be final and binding on all the parties. (3) The Sangstha shall have the same rights and powers with respect to goods manufactured or produced wholly or partly from goods forming part of any security held by it as it has with respect to the original goods. (4) Where the Sangstha takes over the management and administration of an industrial concern under clause (1), it shall be deemed to be the owner of such concern for the purposes of suit by or against such concern, and shall sue and be sued in the name of the said concern. 82(5) Where the Sangstha takes over the management and administration of an industrial concern under clause (1) or transfers any property in exercise of its powers of sale or realisation under that clause, such taking over or transfer shall not be called in question in or before any Court ; and no Court shall- (a) \tentertain any suit, application or other legal proceeding- (i) \tfor a declaration that such taking over or transfer is illegal, ineffective or void, or  (ii)\tfor setting aside or annulling any order or decision of the Sangstha relating to such taking over or transfer, or (iii)\tfor an order of injunction or any other order prohibiting or restraining the Sangstha or any of its officers from such taking over or transfer; or (b)\tissue, make or pass any order of ad interim or temporary injunction or any other order prohibiting or restraining the Sangstha or any of its officers from such taking over or transfer. (6) Where any certificate is issued by the Sangstha to the effect that it has taken over the management and administration of an industrial concern or transferred any property under clause (1), such certificate shall be conclusive evidence of the fact that the management and administration of such industrial concern has been taken over or such property transferred under that clause.", "name": "", "related_acts": "", "section_id": 37 }, { "act_id": 416, "details": "35. (1) Without prejudice to the provisions of Articles 33 and 34, all sums due to the Sangstha shall be recoverable as arrears of land revenue: Provided that no sum shall be so recovered unless fifteen days' notice has first, been given by the Sangstha to the debtor or any other person liable to pay the sum that the sum will be so recovered: Provided further that in so giving notice, the Sangstha shall inform the debtor or any other person liable to pay the sum that he may pay by such instalments as may be fixed in the notice and that upon his so paying every instalment on or before the due date the recovery will be suspended but that it will otherwise proceed as to the entire sum outstanding in case of any default in any instalment including the first. (2) In the application of the Public Demands Recovery Act, 1913 (Ben. Act III of 1913), for the purpose of recovery of the dues of the Sangstha, the provision of section 10A of the said Act shall apply, but the provisions of sections 7, 9, 10 and 13 thereof shall not apply, and the certificate issued under section 6 of the said Act shall be conclusive proof that the amount specified therein is due to the Sangstha.", "name": "", "related_acts": "98", "section_id": 38 }, { "act_id": 416, "details": "36. The Board may, for the purpose of ensuring efficient functioning of the Sangstha and facilitating transaction of its daily business, by a resolution, delegate to the 83 84Chairman, Managing Director or any other Director or any officer of the Sangstha subject to such conditions and limitations, if any, as may be specified therein, such of its powers and duties under this Order as it may deem necessary.", "name": "", "related_acts": "", "section_id": 39 }, { "act_id": 416, "details": "8536A. The Board may, for the purpose of signing any loan agreement with any foreign loan giving agency or any paper connected therewith outside Bangladesh, by a resolution, delegate to the head of the Bangladesh Consulate or Mission or any officer of the Bangladesh Consulate or Mission posted in that country, subject to such conditions and limitations, if any, as may be specified therein, such of its powers under this Order as it may deem necessary.", "name": "", "related_acts": "", "section_id": 40 }, { "act_id": 416, "details": "37. (1) Whoever wilfully makes a false statement or knowingly permits any false statement to be made or to remain, in any bill of lading, warehouse receipt or other document of title or any other document given to the Sangstha by way of security or otherwise in respect of any financial aid sought or granted under this Order, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand Taka, or with both. (2) Whoever wilfully withholds or fails to deliver to the Sangstha, as required by Article 23, any property or any book, document or other paper which may be in his possession or unlawfully retains in his possession any property of any of the said financial institutions which has vested in the Sangstha under Article 20 shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (3) Whoever, without the consent in writing of the Sangstha, uses the narne of the Sangstha in any prospectus or advertisement shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Taka, or with both. (4) No Court shall take cognizance of any offence punishable under this Order except upon a complaint in writing signed by an officer of the Sangstha authorised in this behalf by the Board.", "name": "", "related_acts": "", "section_id": 41 }, { "act_id": 416, "details": "38. (1) Anything done, action taken, order passed, appointment made, notification issued, or purporting to have been done, taken, passed, made or issued, by the Government in respect of the Credit and Investment Corporation, the Investment Corporation or the Investment Trust after the l6th day of December, 1971, and before the commencement of this Order shall be deemed to have been validly done, taken, passed, made or issued and shall have and shall be deemed always to have had effect accordingly, and shall not be called in question in any Court. (2) Anything done or action taken in good faith in or in relation to the Credit and Investment Corporation, the Investment Corporation or the Investment Trust by anybody or person appointed by the Government after the 16th day of December, 1971, and before the commencement of this Order shall be deemed to have been validly done or taken and shall have and shall be deemed always to have had effect accordingly, and shall not be called in question in any Court.", "name": "", "related_acts": "", "section_id": 42 }, { "act_id": 416, "details": "39. No provision of law relating to the winding up of companies shall apply to the Sangstha and the Sangstha shall not be wound up save by order of the Government and in such manner as it may direct.", "name": "", "related_acts": "", "section_id": 43 }, { "act_id": 416, "details": "8639A. (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 the Sangstha 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 the Sangstha has been transferred under clause (1), the Sangstha shall, on such date as the Government may, by order notified in the official Gazette, specify, stand dissolved. Explanation - The Undertaking of the Sangstha includes its business, projects, schemes, assets, properties, movable and immovable, cash balance, reserved funds, investment, rights, powers, authorities and privileges including rights and interests in, or arising out of, such properties and all books of accounts, registers, records and all other documents of whatever nature relating thereto and its borrowing, liabilities and obligations of whatever nature. (3) Where the undertaking of the Sangstha has been transferred under clause (1),- (a)\tall contracts entered into and all matters and things engaged to be done by, with or for, the Sangstha shall be deemed to have been entered into or, as the case may be, engaged to be done by, with or for the company; (b)\tall suits and other legal proceedings instituted by or against the Sangstha shall be deemed to be suits and other legal proceedings by or against the company. (4) The Government may, for the purpose of removing any difficulty in relation to the transfer of the undertaking of the Sangstha under clause (1) or the dissolution of the Sangstha 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": 44 }, { "act_id": 416, "details": "40. Any reference to the Credit and Investment Corporation, the Investment Corporation or the Investment Trust in any law, other than this Order, or in any contract, agreement, deed of trust or other instrument shall, in so far as it relates to the undertakings which have been transferred to the Sangstha under Article 20, be construed as a reference to the Sangstha.", "name": "", "related_acts": "", "section_id": 45 }, { "act_id": 416, "details": "41. If any difficulty arises in giving effect to the provisions of this Order, the Government may make 87such order, not inconsistent with the provisions of this Order, as may appear to it to be necessary for the purposes of removing the difficulty.", "name": "", "related_acts": "", "section_id": 46 }, { "act_id": 416, "details": "42. 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": 47 }, { "act_id": 416, "details": "43. (1) The Board 88may, with the 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) 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 any committee, fees for attending the meetings thereof and the conduct of business thereat; 89* * * (b)\tthe delegation of powers and functions of the Board to the 90 91Chairman, Managing Director or any other Director or any officer or other employees of the Sangstha;  (c)\tthe conditions subject to which the Sangstha may grant loans or equity support; (d)\tthe manner of determining the sufficiency of the security for the purpose of business; (e)\tthe manner and conditions subject to which the Sangstha 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 officers and other employees of the Singstha; (h)\tthe recruitment, remuneration, promotion and other terms and conditions of service of the officers and other employees of the Sangstha; (i)\tthe establishment and maintenance of pension, provident or other fund for the benefit of officers and other employees of the Sangstha, including the dependents of such officers and other employees; (j)\tthe provision of a seal of the Sangstha and the manner and effect of its use; (k)\tthe disclosure of interest, direct or indirect, of any Director or any member of a 92committee 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 Sangstha; (m)\tgenerally for the efficient conduct of the affairs of the Sangstha. (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": 48 }, { "act_id": 416, "details": "44. The Credit and Investment Corporation and the Investment Trust shall stand dissolved in Bangladesh on such date as the Government may, by notification in the official Gazette, appoint.", "name": "", "related_acts": "", "section_id": 49 }, { "act_id": 416, "details": "45. The Investment Corporation Ordinance, 1966 (Ordinance No. IV of 1966), is hereby repealed.", "name": "", "related_acts": "", "section_id": 50 } ], "text": "WHEREAS it is expedient to establish a Sangstha to provide credit facilities and other assistance to industrial concerns and encourage and broaden the base of investment in Bangladesh and to provide for the vesting in the Sangstha of the undertakings of the Pakistan Industrial Credit and Investment Corporation Limited, the Investment Corporation of Bangladesh and the National Investment Trust Limited 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": 417, "lower_text": [ "1 The words, comma, figures and brackets “Bangladesh Bank Order, 1972 (President’s Order No. 127 of 1972)” were substituted for the words, comma, figures, brackets and letters “State Bank Act, 1956 (Act XXXIII of 1956), read with the Bangladesh Bank Temporary) Order, 1971 (A. P. O. No. 2 of 1971)” by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)", "2 Article 6 was substituted by section 2 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "3 Clause (2) was substituted by section 3 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "4 Clause (1) was substituted by section 4 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "5 Article 9 was substituted by section 5 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "6 The words “who is 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)", "7 The word and comma “Chairman,” were inserted by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)", "8 Article 11A was inserted 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 6 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "10 The words “four if the Board consists of nine Directors and three if the Board consists of less than nine Directors” were substituted for the words “three if the Board consists of five Directors and two if the Board consists of less than five Directors” by section 2 and the Schedule of the Financial Institutions Laws Amendment Ordinance, 1977 (Ordinance No. LXI of 1977)", "11 Clause (5) was substituted by section 7 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "12 Article 15 was substituted by section 8 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "13 The colon (:) was substituted for the semi-colon (;) and thereafter the proviso was added by section 3 of the Bangladesh Shilpa Bank (Amendment) Ordinance, 1976 (Ordinance No. XXIII of 1976)", "14 The colon (:) was substituted for the semi-colon (;) and thereafter the proviso was added by section 3 of the Bangladesh Shilpa Bank (Amendment) Ordinance, 1976 (Ordinance No. XXIII of 1976)", "15 The proviso was omitted by section 2 of the Bangladesh Shilpa Bank (Amendment) Ordinance, 1984 (Ordinance No. VI of 1984)", "16 Sub-clause (xxxv) was substituted by section 9 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "17 Clause (1) was substituted by section 10 of The Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act XVIII of 1987)", "18 Clause (2) was substituted by section 2 of The Bangladesh Shilpa Bank (Amendment) Act, 1992 (Act No. 40 of 1992)", "19 The words “with prior approval of the Government” were omitted by section 12 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "20 The commas and words “, subject to other provisions of this Article,” were inserted by section 2 and the Schedule of the Financial Institutes Laws Amendment Ordinance, 1977 (Ordinance No. LXI of 1977)", "21 Clause (6) was omitted by section 13 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "22 Article 26 was substituted by section 14 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "23 Article 28 was re-numbered as clause (1) by section 15 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "24 Clause (b) was substituted by section 2 of the Bangladesh Shilpa Bank (Amendment) Ordinance, 1983 (Ordinance No. XLIX of 1983)", "25 Clauses (2) and (3) were added by section 15 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "26 Clause (2) was substituted by section 16 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "27 The word “shareholders” was substituted for the word “Government” by section 16 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "28 The word “shareholders” was substituted for the word “Government” by section 16 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "29 The word “shareholders” was substituted for the word “Government” by section 16 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "30 The words “paid to the Government” were substituted for the words “declared as dividends” by section 17 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "31 Article 31A was inserted by section 18 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "32 Article 32A was inserted by section 19 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "33 The words “High Court Division” were substituted for the words “High Court” by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)", "34 The words “High Court Division” were substituted for the words “High Court” by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)", "35 The words “High Court Division” were substituted for the words “High Court” by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)", "36 Clauses (5) and (6) were inserted by section 2 of the Bangladesh Shilpa Bank (Third Amendment) Ordinance, 1984 (Ordinance No. LXVI of 1984)", "37 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)", "38 Article 36A was inserted section 2 of the Bangladesh Shilpa Bank (Second Amendment) Ordinance, 1984 (Ordinance No. VII of 1984)", "39 Section 38A was inserted by section 2 of Bangladesh Shilpa Bank (Amendment) Act, 2009 (Act. No. XIV of 2009) (with effect from 22th December, 2008).", "40 The commas and words “, with the previous approval of the Government,” were omitted by section 20 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "41 Sub-clause(aa) was inserted by section 20 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987)", "42 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)" ], "name": "The Bangladesh Shilpa Bank Order, 1972 (President's Order)", "num_of_sections": 50, "published_date": "31st October, 1972", "related_act": [ 98, 218, 560, 596, 86, 442, 415 ], "repelled": false, "sections": [ { "act_id": 417, "details": "1. (1) This Order may be called the Bangladesh Shilpa Bank Order, 1972. (2) It extends to the whole of Bangladesh and also applies to the business of the Bank transacted outside Bangladesh. (3) It shall come into force at once.", "name": "", "related_acts": "", "section_id": 1 }, { "act_id": 417, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a)\t“Bank” means the Bangladesh Shilpa Bank established by this Order; (b)\t“Board” means the Board of Directors of the Bank; (c)\t“Chairman” means the Chairman of the Board; (d)\t“Company” means a company as defined in the Companies Act, 1913 (Act VII of 1913), and includes a body corporate established or incorporated under any other law for the time being in force;  (e)\t“Development Bank” means the Industrial Development Bank of Bangladesh established under the Industrial Development Bank Ordinance, 1961 (Ord. No. XXXI of 1961), read with the Bangladesh (Industrial Development Bank) Order, 1971 (A. P. O. No. 4 of 1971), which, before the 30th day of December, 1971, was called the Industrial Development Bank of Pakistan; (f)\t“Director” means a Director of the Bank; (g)\t“District Judge” includes an Additional District Judge or a Subordinate Judge; (h)\t“equity security” means- (i)\tany stock or transferable share, preferred or common, or similar security representing ownership, (ii)\tany security carrying any warrant or right to purchase or subscribe for such security and any such warrant or right itself, and (iii)\tsuch other security representing ownership as may be prescribed; (i)\t“fixed cost” means the cost of land, building and machinery of an industrial concern, including the cost of installation of machinery; (j)\t“Fund” means the Equity Participation Fund established under the Equity Participation Fund Ordinance, 1970 (Ord. 1 of 1970); (k)\t“Government” means the Government of the People's Republic of Bangladesh; (l)\t“industrial concern” means a concern engaged or to be engaged in such industry or business, or in the manufacture, preservation or processing of such goods, as the Government may, by notification in the official Gazette, specify from time to time, and includes a company; (m)\t“industrial concern in the private sector” means an industrial concern which is not an industrial concern in the public sector;  (n)\t“industrial concern in the public sector” means an industrial concern at least fifty one per cent shares of which are held by the Government and includes any other industrial concern which the Government may, by notification in the official Gazette, declare to be an industrial concern in the public sector for the purpose of this Order; (o)\t“loan” includes guarantee or indemnity which the Bank may give on behalf of an industrial concern and any liability which the Bank may incur on behalf of an industrial concern; (p)\t“Managing Director” means the Managing Director of the Bank; (q)\t“prescribed” means prescribed by rules or regulations made under this Order; and (r)\t“underwriting” means contracting, with or without conditions, to purchase or subscribe for stocks, shares, bonds, debentures or other securities issued by any company with a view to holding, selling or distributing the whole or part thereof.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 417, "details": "3. The provisions of this Order and any rules 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": 417, "details": "4. (1) On the commencement of this Order, there shall be established a Bank to be called the Bangladesh Shilpa Bank for the purposes of this Order. (2) The 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, both movable and immovable, and to contract, and shall by the said name sue and be sued. (3) The Bank shall be deemed to be a banking company for the purposes of Banking Companies Ordinance, 1962 (Ord. LVII of 1962), and the 1Bangladesh Bank Order, 1972  (President's Order No. 127 of 1972), and any other law for the time being in force relating to banking companies.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 417, "details": "5. (1) The head office of the Bank shall be at Dacca. (2) The Bank may establish regional and other offices, branches and agencies at such places in or outside Bangladesh as the Board may think fit.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 417, "details": "26. (1) The authoirsed capital of the Bank shall be two thousand million taka divided into twenty lac shares of one thousand taka each, of which not less than fifty-one per cent shall be subscribed for by the Government and the remaining shares may be subscribed for by Bangladeshi nationals or by any financial institution, Bangladeshi or foreign. (2) The authorised capital of the Bank may be increased by a resolution passed by a three-fourth majority of the shareholders in a general meeting.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 417, "details": "7. (1) Subject to rules made under this Order, the general direction and administration of the affairs and business of the Bank 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 Bank. 3(2) Subject to the general policy guidelines as may be given by the Government from time of time, the Board, in discharging its functions, shall act on commercial and banking considerations with due regard to the interests of industry and commerce and to the public interest generally. (3) Until the first Board is appointed under Article 8, the Managing Director appointed under the said Article shall exercise all powers, do all acts and things as may be exercised or done by the Board.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 417, "details": "8. 4(1) The Board shall consist of a Managing Director and eight other Directors to be appointed by the Government: Provided that when there are shareholders other than the Government, such shareholders shall elect, in such manner as may be prescribed, from amongst themselves- (a)\tone Director, when the number of shares subscribed for by them exceeds twelve per cent but does not exceed twenty-five per cent of the total shares; (b)\ttwo Directors, when the number of shares subscribed for by them exceeds twenty-five per cent but does not exceed thirty-five per cent of the total shares; (c)\tthree Directors, when the number of shares subscribed for by them exceeds thirty-five per cent but does not exceed forty-five per cent of the total shares; (d)\tfour Directors, when the number of shares subscribed for by them exceeds forty-five per cent. (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": 8 }, { "act_id": 417, "details": "59. (1) The Managing Director shall hold office for such period, not exceeding five years, and on such terms and conditions, as the Government may determine. (2) An appointed Director shall hold office for such period, not exceeding three years, and on such terms and conditions, as the Government may determine. (3) An elected Director shall hold office for a period of three years from the date of his election on such terms and conditions as the Board may determine. (4) The Managing Director or any other Director shall be eligible for the re-appointment or re-election, as the case may be. (5) The Government may terminate the appointment of the Managing Director by giving him not less than three months' notice or paying him three months' pay in lieu thereof. (6) The Government may terminate the appointment of any other appointed Director at any time without assigning any reason. (7) The shareholders may, by a resolution passed in a general meeting, remove any elected Director from his office. (8) The Managing Director or any other Director may, at any time, resign his office by a notice in writing addressed to the Board: Provided that no resignation shall take effect until it has been accepted by the Government. (9) The Government, in determining the terms and conditions on which the Managing Director or any other Director shall hold office, shall obtain the views of the shareholders, other than the Government, if any, in such manner as may be determined by it.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 417, "details": "10. (1) The Managing Director 6* * * shall be the chief executive officer of the Bank. (2) The 7Chairman, Managing Director 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": 10 }, { "act_id": 417, "details": "11. No person shall be or shall continue to be a Director who- (a)\tis or has at any time been convicted of an offence which, in the opinion of the Government, is an offence involving moral turpitude; or  (b)\tis a minor; or (c)\tis found to be lunatic or of unsound mind; (d)\tis or at any time has been adjudicated an insolvent or has suspended payment or compounded with his creditors; 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; or (f)\thas any financial or other interest in any industrial concern financed by the Bank which is likely to affect prejudicially his functions as a Director; or (g)\tis or becomes a salaried employee of any industrial concern financed by the Bank.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 417, "details": "811A. 9(1) The Government shall appoint one of the Directors, other than the Managing Director, to be the Chairman of the Board and, in making such appointment, the Government shall ordinarily consult the Board. (2) Subject to his continuing to hold office as a Director, the Chairman shall hold office as Chairman for the term 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": 12 }, { "act_id": 417, "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 a meeting may be otherwise convened by the Chairman when he so thinks fit. (2) To constitute a quorum at a meeting of the Board, the number of Directors present shall be 10four if the Board consists of nine Directors and three if the Board consists of less than nine Directors. (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. 11(5) If for any reason the Chairman is unable to be present at a meeting of the Board, a Director, other than the Managing Director, chosen by the Directors present shall preside over the meeting.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 417, "details": "13. 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": 14 }, { "act_id": 417, "details": "14. All acts done by the Chairman or any other Director, acting in good faith, shall, notwithstanding any defect in his appointment or in the procedure, be valid.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 417, "details": "1215. (1) Every Director, officer or employee of the Bank shall be indemnified by the Bank 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) No suit, prosecution or other legal proceedings shall lie against the Chairman, the Managing Director or any other Director or any officer or other employee of the Bank or any other person authorised by the Bank to discharge any function under this Order for anything done or intended to be done in good faith under this Order.", "name": "", "related_acts": "", "section_id": 16 }, { "act_id": 417, "details": "16. (1) The Bank may carry on and transact all kinds of banking business. (2) Without prejudice to the generality of the foregoing provision, the Bank may, in particular, carry on and transact the following kinds of business, namely:- (i)\tadvancing and lending of money, and opening of cash credits for the specific purpose of assisting an industrial concern upon the security of- (a) \tstocks, funds and securities in which a trustee is authorised to invest trust money by any law for the time being in force; (b)\tdebentures or other securities or money issued under the authority of any law for the time being in force or under the authority of the Government; (c)\tgoods and machinery which, or the documents of title to which, are deposited with, or assigned to, the Bank as security for such advances, loans or credits; (d)\tdebentures of companies with limited liability, subject to such directions as may be issued by the Board; (e)\tshares of companies with limited liability with the prior approval of the Board; (f)\taccepted bills of exchange and promissory notes endorsed by the payees and joint and several promissory notes to two or more persons or firms unconnected with each other in general partnership; (g)\timmovable property or such documents of title relating to immovable property as have been deposited with, or assigned to, the Bank; and (h)\tgoods, including tea crops and raw or finished jute products, which are hypothecated to the Bank as security for such advances, loans or credits:  Provided that no security shall be necessary in the case of advances or loans guaranteed by the Government; (ii) \tguaranteeing loans, debts and credits raised or incurred by, or granted to, an industrial concern and repayable within a period not exceeding twenty years 13: Provided that the Board may, where considered necessary, extend the period of repayment exceeding twenty years; (iii)\tgranting loans to, or subscribing to debentures of, industrial concerns, such loans or debentures being repayable within a period not exceeding twenty years from the date on which they are granted or subscribed to, as the case may be 14: Provided that the Board may, where considered necessary, extend the period of repayment exceeding twenty years; (iv)\tselling and realisation of proceeds of sale of any promissory notes, debentures, stock receipts, bonds, annuities, stocks, shares, securities, goods or immovable properties which, or the documents relating 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 advances, loans or credits or any debt or claim of the Bank, and which have not been redeemed in due time in accordance with the terms and conditions, if any, of such deposit, pledge, hypothecation, assignment or transfer; (v)\tinvesting of funds of the Bank upon any of the securities specified in paragraphs (a), (b), (d) and (e) of sub clause (i) of clause (2) or in the units of a Unit Trust and converting the same into money when required, and transposing, altering and converting investment upon such securities or in such units for or into any other investment and selling and mortgaging any such securities or units;  (vi)\tgiving of call loans which are commonly known as inter bank call loans to banks; (vii) \treceiving of deposits and keeping cash accounts: 15 * * * (viii) \taccepting charge of title deeds, plate, jewels or other valuable goods; (ix)\tselling and realising of all property whether movable or immovable which may in any way come into possession of the bank in satisfaction or part satisfaction of any 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 is the security for any advance or loan made or guaranteed by the Bank connected with any such security; (x)\ttransacting of pecuniary agency business on commission and the entering into contracts of indemnity, suretyship or guarantee with specific security or otherwise; (xi)\tunderwriting the issue of stock, bonds or debentures by industrial concerns; (xii) \treceiving and recovering such commission as may be agreed upon in consideration of any guarantee or underwriting; (xiii) \tacquiring and retaining as part of its assets any stock, shares, bonds or debentures which it may have to take up in discharge of any liability incurred through underwriting any issue; (xiv) \tdrawing, accepting, discounting, buying and selling of bills of exchange and other negotiable instruments; (xv) \tbuying of bills of exchange payable outside Bangladesh; (xvi) \tissuing of letters of credit; (xvii) \tdrawings of bills of exchange and the granting of letters of credit payable outside Bangladesh; (xviii) \tborrowing of money for the purpose of its business and giving of security for money so borrowed by pledging assets or otherwise; (xix) \tacquiring, maintaining and transferring its residential and business premises; (xx) \ttaking over, running and selling of such industrial concerns as have failed to repay in full the loan taken from the Bank; (xxi) \tsubscribing directly to the stock of any industrial concern; (xxii) \tsubsidising from time to time of the provident or other funds created for the benefit of its employees; (xxiii)\tappointing of agents in or outside Bangladesh for transacting pecuniary business on commission; (xxiv) \tcarrying out of survey and research of industries and maintaining statistics relating thereto; (xxv) \tadministering as agent to the Government for such loans and in such manner as the Government may direct; (xxvi)\tconverting of any loan into equity at the option of the Bank; (xxvii) \textending of equity support for supplementing the capital resources of industrial concerns in Bangladesh through outright purchase of equity; (xxviii)\tunderwriting, managing and distributing the issue of stocks and shares of industrial concerns in Bangladesh either singly or in conjunction with other financial institutions; (xxix)\tfacilitating investment by selling new share floatations of companies without underwriting obligations; (xxx) \tpurchasing or otherwise acquiring, owning, selling, transferring and exchanging any tangible and intangible, movable or immovable property or any rights, title or interest in such property acquired for the conduct of its business; (xxxi) \taccepting and furnishing any lien, charge, hypothecation or mortgage of any tangible or intangible, movable or immovable property or assets in the conduct of its business; (xxxii) \tselling of shares acquired or held by it through stock exchanges in Bangladesh or by private negotiations required for revolving its funds or for any other purpose; (xxxiii)\tentering into agreements and contracts and executing such documents as may be considered necessary for the discharge of its functions; (xxxiv)\treceiving and paying commissions, fees and brokerage in connection with its business; 16(xxxv)\tappointing attorneys, lawyers, counsels, consultants and agents; (xxxvi) \tacquiring, retaining and disposing of assets of any type in satisfaction of its claims; (xxxvii) \tdoing of all such acts and things as may be incidental or subsidiary to transacting any of the aforesaid business, including foreign exchange business; and (xxxviii) \tdoing of such other acts and things in furtherance of the purposes of this Order as the Government may, from time to time, direct.", "name": "", "related_acts": "", "section_id": 17 }, { "act_id": 417, "details": "17. 17(1) The business provided for in sub-clauses (i), (ii) and (iii) of clause (ii) of Article 16 may be transacted with any industrial concern, either in the public or in the pr ivate sector, but shall not be transacted with any industrial concern incorporated outside Bangladesh. 18(2) Short term advances and loans may be made, according to the need, for the purpose of working capital of any industrial concern financed by the Bank. (3) No guarantee, loan or subscription provided for in sub clauses (ii) and (iii) of clause (2) of Article 16 shall be made which is not secured by pledge, mortgage, hypothecation or assignment of any property, movable or immovable, to the extent determined by the Board or by a contract to mortgage, hypothecate or assign any property which may be acquired in future with or without financial assistance of the Bank.", "name": "", "related_acts": "", "section_id": 18 }, { "act_id": 417, "details": "18. Omitted by section 11 of the Bangladesh Shilpa Bank (Amendment) Act, 1987 (Act No. XVIII of 1987).", "name": "Omitted", "related_acts": "", "section_id": 19 }, { "act_id": 417, "details": "19. (1) The Bank shall not undertake or transact any kind of business other than those authorised by or under this Order and, in particular, it shall not discount or buy, or advance, lend or open cash credit on the security of, any negotiable instrument of any individual or partnership firm which does not carry on it the several responsibilities of at least two persons or firms not connected with each other in general partnership. (2) Notwithstanding anything contained in clause (1), the Bank may grant advances or loans or make ex gratia payments 19* * * to its officers and staff for the purpose of providing amenities and facilities for their betterment.", "name": "", "related_acts": "", "section_id": 20 }, { "act_id": 417, "details": "20. On the commencement of this Order, the entire undertakings of the Development Bank and the Fund shall be transferred to, and shall vest in, the Bank.", "name": "", "related_acts": "", "section_id": 21 }, { "act_id": 417, "details": "21. (1) The undertaking of the Development Bank or the Fund 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 Development Bank or the Fund 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, unless the Government otherwise directs, also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the Development Bank or the Fund in relation to such undertaking in the territory of Bangladesh. Explanation The assets of the Development Bank or the Fund shall be deemed to include any sum payable by or in respect of any industrial concern or person in Bangladesh on account of any financial assistance taken by or for it or him from any office of the Development Bank or the Fund in or outside 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 form part of the undertaking of the Development Bank or the Fund to, or in, the Bank, the affairs of the Development Bank or the Fund 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 Bank, and the chief executive officer may exercise all such powers and do all such acts and things as may be exercised or done by the Development Bank or the Fund for the purpose of effectively transferring such asset. (3) The chief executive officer of the Bank shall, in exercise of the power 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 Development Bank or the Fund. (4) Unless otherwise expressly provided by this Order and unless the Government otherwise directs, 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 Development Bank or the Fund is a party or which are in favour of the Development Bank or the Fund shall, in so far as they relate to the undertaking of the Development Bank or the Fund which has vested in the Bank under Article 20, be of as full force and effect against or in favour of the Bank, and may be enforced or acted upon as fully and effectually as if in the place of the Development Bank or the Fund the Bank had been a party thereto or as if they had been issued in favour of the Bank. (5) Subject to the other provisions of this Order and unless the Government otherwise directs, any suit, appeal or other proceeding of whatever nature pending on the date of commencement of this Order by or against the Development Bank or the Fund in relation to its undertaking which has vested in the Bank under Article 20 shall be deemed to be suit, appeal or other proceeding pending by or against the Bank, and may be continued or prosecuted and enforced by or against the Bank.", "name": "", "related_acts": "", "section_id": 22 }, { "act_id": 417, "details": "22. (1) The Bank may 20, subject to other provisions of this Article, appoint or employ such persons as it considers necessary for the efficient performance of its function on such terms and conditions as it may determine. (2) Every officer or other employee of the Development Bank and the Fund in Bangladesh shall become, on the commencement of this Order, an officer or other employee, as the case may be, of the Bank and shall hold his office or service in the 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 him immediately before such commencement and shall continue to do so unless and until his employment in the Bank is terminated or until his remuneration or terms and conditions are duly altered by the Bank: Provided that an officer or other employee may, within such time as may be specified by the Bank, exercise his option not to continue in the service of the Bank: Provided further that the Government may alter the terms and conditions of service of an officer or employee if such alteration is considered necessary for the sake of uniformity and in the interest of equity in service. (3) Notwithstanding anything contained in any terms and conditions of service or in any award, settlement or agreement for the time being in force, the 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 month's 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 other 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 the Development Bank or the Fund or not 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. (5) The transfer of service of any officer or other employee from the Development Bank or the Fund to the 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* * *", "name": "", "related_acts": "", "section_id": 23 }, { "act_id": 417, "details": "23. (1) Where any property has vested in the Bank under Article 20, every person, in whose possession and custody or under whose control the property may be, shall deliver the property to the Bank forthwith. (2) Any person who, on the commencement of this Order, has in his possession or custody or under his control any books, documents or other papers relating to any undertaking which has vested in the Bank under Article 20 shall deliver them to the Bank or to such person as the Bank may direct. (3) The Bank may take all necessary steps for securing possession of all properties which have vested in the Bank under Article 20.", "name": "", "related_acts": "", "section_id": 24 }, { "act_id": 417, "details": "24. The Government shall give compensation to the Development Bank and the Fund for such of their undertakings transferred to the Bank under Article 20 as have not already vested in the Government by or under any law, and such compensation shall be determined and distributed among the share holders of the Development Bank and the Fund in such manner as may be prescribed by rules made under this Order: Provided that the total compensation payable to the Development Bank or the Fund under this Article shall not exceed the total paid up value of the shares held by the share holders in Bangladesh among whom such compensation is to be distributed.", "name": "", "related_acts": "", "section_id": 25 }, { "act_id": 417, "details": "25. The Bank 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 every financial year showing the estimated receipts and expenditure during that financial year.", "name": "", "related_acts": "", "section_id": 26 }, { "act_id": 417, "details": "2226. (1) The Bank may issue and sell bonds and debentures carrying interest at such rates as the Board may determine. (2) Notwithstanding anything contained in the Foreign Exchange Regulation Act, 1947 (VII of 1947), or in any other law for the time being in force, the Bank may, for the purpose of granting loans and advances to industrial concerns in foreign currency, borrow such currency from the Government or from any bank or other financial institution in Bangladesh or from any foreign Government or foreign bank or other financial institution, and may pledge, mortgage, hypothecate or assign to such Government, bank or financial institution all or any part of the security taken by the Bank for the loans granted in foreign currency. (3) The Government may, if it considers it expedient, guarantee the repayment of principal amount and payment of interest in respect of the bonds and debentures issued, and the borrowing made, by the Bank under this Article on such terms and conditions as may be agreed upon between the Government and the Bank.", "name": "", "related_acts": "218", "section_id": 27 }, { "act_id": 417, "details": "27. (1) For the purpose of transacting any business under this Order with any industrial concern, the Bank may impose such conditions as it may consider necessary or expedient for protecting its interest and securing that its guarantee, under writing, loan, subscription or other aid is put to such use by the industrial concern as the Bank has agreed to. (2) Any condition imposed on an industrial concern under clause (1) shall be valid and shall be enforceable against such concern.", "name": "", "related_acts": "", "section_id": 28 }, { "act_id": 417, "details": "28. 23(1) All loans granted to an indutrial corcetrn in foreign currency shall be repaid in accordance with such terms and conditions as may be determined by the Board, either- (a)\tin the currency in which they were granted; or 24(b) \tin Bangladesh currency at the rate of exchange prevailing on the date of payment or at such other rate as the Government may, by order, determine from time to time in this behalf. 25(2) Any loss incurred by, or profit accrued to, the Bank in connection with any foreign currency borrowed by it under clause (2) of Article 26 due to any fluctuation in any exchange rate shall be on the account of the recipient from the Bank of the foreign currency borrowed by it. (3) The Bank may adopt an insurance policy to cover the risk of loss due to fluctuation in the exchange rate of the foreign currency borrowed by it under clause (2) of Article 26 and the recipient from the Bank of such foreign currency shall pay such premium for the insurance policy as the Bank may determine.", "name": "", "related_acts": "", "section_id": 29 }, { "act_id": 417, "details": "29. (1) The Bank shall maintain proper accounts and prepare annual statement of accounts, including the profit and loss account and balance sheet, and shall comply in respect of such accounts with such general directions as may be issued by the Government from time to time. 26(2) The accounts of the Bank shall be audited by not less than two auditors who shall be chartered accountants within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P. O. No. 2 of 1973), and who shall be appointed by the Bank with the prior approval of the shareholders in the annual general meeting: Provided that the Government may, if it deems it expedient, appoint special auditors for undertaking special audit of the accounts of the Bank. (3) Every auditor appointed under clause (2) shall be given a copy of the annual balance sheet and other accounts of the Bank 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 Bank, and shall at all reasonable times have access to the books, accounts and other documents of the Bank, and may, in relation to such accounts, examine any Director or officer of the Bank. (4) The auditors shall report to the 27shareholders 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 affairs of the Bank and, in case 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 measures taken by the Bank for the protecion of the interest of the 28shareholders and of the creditors of the Bank or upon the sufficiency of the procedure in auditing the affairs of the Bank, 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 29shareholders so requires.", "name": "", "related_acts": "442", "section_id": 30 }, { "act_id": 417, "details": "30. (1) The Bank shall furnish to the Government such returns, reports and statements as the Government may from time to time require. (2) The Bank 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 29 together with an annual report on the working of the Bank during the 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 Parliament.", "name": "", "related_acts": "", "section_id": 31 }, { "act_id": 417, "details": "31. (1) The Bank shall establish a reserve fund to which shall be credited such amount out of its net annual profits as the Board may determine. (2) After deducting the amount under clause (1) and making provisions for bad and doubtful debts, depreciation of assets and such other matters as are usually provided for by bankers or are considered expedient in the interest of the Bank, any surplus remaining thereafter shall be 30declared as dividends.", "name": "", "related_acts": "", "section_id": 32 }, { "act_id": 417, "details": "3131A. The Bank may establish a fund to be called the Special Assistance Fund for providing concessional loans and advances to persons dealing with inventions and innovations in such sector as the Bank may decide in this behalf.", "name": "", "related_acts": "", "section_id": 33 }, { "act_id": 417, "details": "32. Notwithstanding any agreement to the contrary, the Bank may, by notice, require any industrial concern to which it has granted any loan or any person who is liable for payment of such loan forthwith to repay the loan in full, if- (a)\tit appears to the Bank that information, false or misleading in any material particular, has been given in the application for the loan; or (b)\tthe industrial concern has failed to comply with the terms of any agreement with the Bank in the matter of the loan; or (c)\tthere is a reasonable apprehension that the industrial concern is unable to pay its debts or may go into liquidation; or (d)\tthe property pledged, mortgaged, hypothecated or assigned to the Bank as security for the loan, is not insured or kept insured by the industrial concern to the satisfaction of the Bank or has, in the opinion of the Bank, depreciated in value by more than twenty per cent and further security to the satisfaction of the Bank is not given; or (e)\twithout the permission of the Bank, machinery or other equipment or any asset is removed from the premises of the industrial concern without being replaced; or (f)\twithout permission of the Bank, any properly of the industrial concern is sold, transferred, exchanged or alienated in any manner; or (g)\twithout prior approval of the Bank in writing, the management of the industrial concern has been changed or altered; or  (h)\twithout any satisfactory reason, the industrial concern or the person responsible for payment of the loans has failed to attend or reply to the enquiries made by the Bank or failed to supply the papers or documents asked for by the Bank; or (i)\tfor any other reason, it is necessary, in the opinion of the Bank, to protect the interest of the Bank or of the industrial concern.", "name": "", "related_acts": "", "section_id": 34 }, { "act_id": 417, "details": "3232A. (1) The annual ordinary general meeting of the shareholders shall be held in the month of November each year. (2) A general meeting may be convened by the Board at any other time and shall be convened by it on the request, in writing, of the shareholders representing not lees than thirty per cent of the total number of shares subscribed. (3) Subject to rules or regulations made under this Order, all decisions at a general meeting shall be taken by the votes of the majority of the shareholders exercised either personally or by proxy. (4) Each shareholder shall have such numbers of votes as are equal of the numbers of shares subscribed by him. (5) A general meeting shall have the right to decide on any matter not expressly provided for in, and not in violation of any provision of, this Order.", "name": "", "related_acts": "", "section_id": 35 }, { "act_id": 417, "details": "33. (1) Where the Bank becomes entitled to require the immediate payment of any loan before the due date under Article 32 or by reason of the breach of any condition of any agreement between the Bank and an industrial concern to which the loan has been granted or any person liable for payment of that loan, or where an industrial concern to which any loan has been granted or any person liable for payment of that loan fails to repay the loan by the due date or in compliance with the notice under Article 32, an officer of the Bank, generally or specially authorised by the Board in this behalf, may apply to the District Judge within the local limits of whose jurisdiction the industrial concern carries on the whole or a substantial part of its business, or the office or Branch of the Bank from which the loan was disbursed is situated, for one or more of the following relieves, namely:- (a) \tan order for the sale of the property pledged, mortgaged, hypothecated or assigned to the Bank as security for the loan or any other property of the industrial concern or of any person liable for payment of the loan or for payment of any other sum relating thereto; or (b)\ttransfer of the management and administration, including the authority to operate the Bank accounts, of the industrial concern to the Bank or to a person specified by the Bank; or (c)\tan order for injunction ad interim where there is apprehension that the machinery or equipment or other assets may be removed from the premises of the industrial concern without the permission of the Bank or the properties of any other person who is liable for payment of the loan or any other sum relating thereto may be transferred, removed or destroyed; or (d)\tan order for payment of the loan or any other sum relating thereto. (2) An application under clause (1) shall state the nature and extent of the liability of the industrial concern to the Bank, the ground on which it is made and such other particulars as the Bank may consider necessary. (3) When the application is for the relief mentioned in sub clause (a) or sub-clause (c) of clause (1), the District Judge shall pass an order ad interim attaching the property referred to in sub clause (a) as aforesaid or such other property of the industrial concern or of the persons liable for payment of the loan or of both as is likely in his estimation to fetch, on being sold, an amount equivalent to the outstanding liability of the industrial concern to the Bank, together with the costs of the proceedings taken under this Article, with or without an order of injunction ad interim restraining the industrial concern from transferring or removing any machinery or equipment or any other assets without the consent of the Bank or restraining the persons from transferring, removing or destroying the same. (4) Where the application is for the relief mentioned in sub clause (b) of clause (1), the District Judge shall pass an order for injunction ad interim restraining the industrial concern from transferring or removing its machinery, equipment or any other assets and shall issue a notice calling upon the industrial concern to show cause on a date to be specified in the notice why the management and administration, including the authority to operate the bank accounts, of the industrial concern should not be transferred to the Bank or to a person specified by the Bank. (5) Where the application is for the relief mentioned in sub clause (d) of clause (1), the District Judge shall issue a notice calling upon the industrial concern or the person who is liable to make the payment to show cause on a date to be specified in the notice why an order for payment of the loan or any other sum relating thereto shall not be passed. (6) Before passing any order under clause (3), (4) or (5), the District Judge may, if the thinks fit, examine the person making the application. (7) At the time of passing an order under clause (3), the District Judge shall issue to the industrial concern or to the person liable for payment of the loan or any other sum relating thereto a notice accompanied by a copy of the Order, the application and evidence, if any, recorded by him calling upon it or him to show cause on a date to be specified in the notice why the order of attachment ad interim should not be made absolute or the injunction be not confirmed. (8) If no cause is shown on or before the date specified in the notice under clause (4) or (7), the District Judge shall forthwith make the order ad interim absolute and direct the sale of the attached property or transfer the management and administration, including the authority to operate the bank accounts, of the industrial concern to the Bank or to the person specified by the Bank or confirm the injunction. (9) If no cause is shown on or before the date specified in the notice under clause (5), the District Judge shall pass an order for payment of the loan or any other sum relating thereto. (10) If cause is shown, the District Judge shall proceed to investigate into the claim of the Bank and the provisions of the Code of Civil Procedure, 1908 (Act V of 1908), shall, as far as practicable, apply to such proceedings. (11) On completion of the investigation under clause (10), the District Judge shall pass an order- (a)\tconfirming the order of attachment or directing the sale of the attached property; or (b) \tvarying the order of attachment so as to release a portion of the property from attachment and directing the sale of the remainder of the attached property; or (c)\treleasing the property from attachment, if he is satisfied that it is not necessary in the interests of the Bank to retain it under attachment; or (d)\tconfirming or vacating the injunction; or (e)\ttransferring or refusing to transfer the management and administration, including the authority to operate the Bank accounts, of the industrial concern to the Bank or to the person specified by the Bank; or (f)\tdirecting the payment of the loan or any other sum relating thereto: Provided that when making any order under sub clause (c), the District Judge my make such further orders as he thinks necessary to protect the interests of the Bank and may also allow the cost of the proceedings: Provided further that unless the Bank intimates to the District Judge that it will not appeal against any order releasing any property from attachment, such order shall not be executed until the expiry of the period mentioned in clause (13), or if an appeal is preferred, unless the 33High Court Division otherwise directs, until the appeal is disposed of. (12) An order, under this Article for the attachment or sale of property or payment of the loan or any other sum relating thereto shall be carried into effect as far as may be in the manner provided in the Code of Civil Procedure, 1908 (Act V of 1908), for the attachment or sale of property in execution of a decree or for the execution of a decree as if the Bank were the decree holder. (13) Any party aggrieved by an order made under clause (8), (9) or (11) may, within thirty days from the date of the order, appeal to the 34High Court Division, and upon such appeal, the 35High Court Division may, after hearing the parties, pass such orders as it thinks proper.", "name": "", "related_acts": "86,86", "section_id": 36 }, { "act_id": 417, "details": "34. (1) Where any industrial concern which is under a liability to the Bank under an agreement makes any default in payment or otherwise fails to comply with the terms of its agreement with the Bank, the Bank may, notwithstanding anything contained in Article 33, take over the management and administration of the industrial concern, and may sell or realise any property pledged, mortgaged, hypothecated or assigned by the industrial concern to secure its liability to the Bank. (2) Any transfer of property made by the Bank in exercise of its powers of sale or realisation under clause (1 ) shall vest in the transferee all rights in or to the property transferred as if the sale had been made by the owner of the property, and such transfer shall be final and binding on all the parties. (3) The Bank shall have the same rights and powers with respect to goods manufactured or produced wholly or partly from goods forming part of any security held by it as it has with respect to the original goods. (4) Where the Bank takes over the management and administration of an industrial concern under clause (1), it shall be deemed to be the owner of such concern for the purposes of suit by or against such concern, and shall sue and be sued in the name of the said concern. 36(5) Where the Bank takes over the management and administration of an industrial concern under clause (1) or transfers any property in exercise of its powers of sale or realisation under that clause, such taking over or transfer shall not be called in question in or before any Court, and no Court shall- (a)\tentertain any suit, application or other legal proceeding- (i) \tfor a declaration that such taking over or transfer is illegal, ineffective or void, or (ii)\tfor setting aside or annulling any order or decision of the Bank relating to such taking over or transfer, or (iii)\tfor an order of injunction or any other order prohibiting or restraining the Bank or any of its officers from such taking over or transfer; or (b)\tissue, make or pass any order of ad-interim or temporary injunction or any other Order prohibiting or restraining the Bank or any of its officers from such taking over or transfer. (6) Where any certificate is issued by the Bank to the effect that it has taken over the management and administration of an industrial concern or transferred any property under clause (1), such certificate shall be conclusive evidence of the fact that the management and administration of such industrial concern has been taken over or such property transferred under that clause.", "name": "", "related_acts": "", "section_id": 37 }, { "act_id": 417, "details": "35. (1) Without prejudice to the provisions of Articles 33 and 34, all sum due to the Bank shall be recoverable as arrears of land revenue: Provided that no sum shall be so recovered unless fifteen days' notice has first been given by the Bank to the debtor or any other person liable to pay the sum that the sum will be so recovered: Provided further that in so giving notice, the Bank shall inform the debtor or any other person liable to pay the sum that he may pay by such instalments as may be fixed in the notice and that upon his so paying every instalment on or before the due date the recovery will be suspended but that it will otherwise proceed as to the entire sum outstanding in case of any default in any instalment including the first. (2) In the application of the Public Demands Recovery Act, 1913 (Ben. Act III of 1913), for the purpose of recovery of the dues of the Bank, the provisions of section 10A of the said Act shall apply, but the provisions of sections 7, 9, 10 and 13 thereof shall not apply, and the certificate issued under section 6 of the said Act shall be conclusive proof that the amount specified therein is due to the Bank.", "name": "", "related_acts": "98", "section_id": 38 }, { "act_id": 417, "details": "36. The Board may, for the purpose of ensuring efficient functioning of the Bank and facilitating transaction of its daily business, by a resolution, delegate to the 37Chairman, Managing Director or any other Director or any officer of the Bank, subject to such conditions and limitations, if any, as may be specified therein, such of its powers and duties under this Order as it may deem necessary.", "name": "", "related_acts": "", "section_id": 39 }, { "act_id": 417, "details": "3836A. The Board may, for the purpose of signing any loan agreement with any foreign loan giving agency or any paper connected therewith outside Bangladesh, by a resolution, delegate to the head of the Bangladesh Consulate or Mission or any officer of the Bangladesh Consulate or Mission posted in that country, subject to such conditions and limitations, if any, as may be specified therein, such of its powers under this Order as it may deem necessary.", "name": "", "related_acts": "", "section_id": 40 }, { "act_id": 417, "details": "37. (1) Whoever wilfully makes a false statement or knowingly permits any false statement to be made, or to remain, in any bill of lading, warehouse receipt or other document of title or any other document given to the Bank by way of security or otherwise in respect of any financial aid sought or granted under this Order, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand taka, or with both. (2) Whoever wilfully withholds or fails to deliver to the Bank, as required by Article 23, any property or any book, document or other paper which may be in his possession or unlawfully retains in his possession any property of the Development Bank or the Fund which has vested in the Bank under Article 20 shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (3) Whoever, without the consent in writing of the Bank, uses the name of the Bank in any prospectus or advertisement shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both. (4) No Court shall take cognizance of any offence punishable under this Order except upon a complaint in writing signed by an officer of the Bank authorised in this behalf by the Board.", "name": "", "related_acts": "", "section_id": 41 }, { "act_id": 417, "details": "38. No provision of law relating to the winding up of companies, including Banking companies, shall apply to the Bank and the 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": 42 }, { "act_id": 417, "details": "3938A. (1) Notwithstanding anything contained in this Order, the Government may, if in the national interest, it deems expedient so to do, transfer, by agreement, the entire undertaking of the Bank to any company registered under the Companies Act, 1994 (Act XVIII of 1994), on such terms and conditions as may be settled with such company. (2) Where the entire undertaking of the Bank has been transferred under clause (1), the bank shall, on such date as the Government may, by an order notified in the official Gazette, specify, stand dissolved. Explanation: The \"undertaking of the bank\" includes its business, projects, schemes, assets, properties, movable and immovable, cash balance, reserve funds, investment, rights, powers, authorities and privileges including rights and interests in, or arising out of, such properties and all books of accounts, registers, records and all other documents of whatever nature relating thereto and its borrowings, liabilities and obligations of whatever nature. (3) Where the undertaking of the bank has been transferred under clause (1),- (a) all contracts entered into and all matters and things engaged to be done by, with or for, the bank shall be deemed to have been entered into or, as the case may be, engaged to be done by, with or for the company; (b) all suits and other legal proceedings instituted by or against the bank shall be deemed to be suits and other legal proceedings by or against the company. (4) The Government may, for the purpose of removing any difficulty in relation to the transfer of the undertaking of the bank under clause (1) or the dissolution of the 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": 43 }, { "act_id": 417, "details": "39. Any reference to the Development Bank or the Fund in any law, other than this Order, or in any contract, agreement, deed of trust or other instrument shall, in so far as it relates to the undertakings which have been transferred to the Bank under Article 20, be construed as a reference to the Bank.", "name": "", "related_acts": "", "section_id": 44 }, { "act_id": 417, "details": "40. 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 purposes of removing the difficulty.", "name": "", "related_acts": "", "section_id": 45 }, { "act_id": 417, "details": "41. All laws relating to banker and banking companies shall, subject to such adaptations and modifications as may be made from time to time, be applicable to the Bank.", "name": "", "related_acts": "", "section_id": 46 }, { "act_id": 417, "details": "42. (1) Anything done, action taken, order passed, appointment made, notification issued, or purporting to have been done, taken, passed, made or issued, by the Government in respect of the Development Bank or the Fund after the 16th day of December, 1971, and before the commencement of this Order shall be deemed to have been validly done, taken, passed, made or issued, and shall have and shall be deemed always to have had effect accordingly, and shall not be called in question in any Court. (2) Anything done or action taken in good faith in or in relation to the Development Bank or the Fund by any body or person appointed by the Government after the 16th day of December, 1971, and before the commencement of this Order shall be deemed to have been validly done or taken, and shall have and shall be deemed always to have had effect accordingly, and shall not be called in question in any Court.", "name": "", "related_acts": "", "section_id": 47 }, { "act_id": 417, "details": "43. 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": 48 }, { "act_id": 417, "details": "44. (1) The Board may 40* * * 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) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for- (a)\tthe calling of the meeting of the Board or of any Committee, fees for attending the meetings thereof and the conduct of business thereat; 41(aa) \tthe calling of general meeting of the shareholders and the conduct of the business thereat; (b)\tthe delegation of powers and functions of the Board to the 42Chairman, Managing Director or any other Director or any officer or other employee of the Bank; (c)\tthe conditions subject to which the Bank may grant loans or equity support; (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 officers and other employees and agents of the Bank; (h)\tthe recruitment, remuneration, promotion and other terms and conditions of service of the officers 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 dependants 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)\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": 49 }, { "act_id": 417, "details": "45. The Industrial Development Bank Ordinance, 1961 (Ord. No. XXXI of 1961), the Equity Participation Fund Ordinance, 1970 (Ord. No. I of 1970), and the Bangladesh (Industrial Development Bank) Order, 1971 (A. P. O. No. 4 of 1971), are hereby repealed.", "name": "", "related_acts": "", "section_id": 50 } ], "text": "WHEREAS it is expedient to establish a Shilpa Bank to provide credit facilities and equity support to industrial concerns in Bangladesh and to provide for the vesting in that Bank of the undertakings of the Industrial Development Bank of Bangladesh and the Equity Participation Fund 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": 418, "lower_text": [ "1 Article 4A was inserted by section 2 of Bangladesh National Anthem, Flag and Emblem (Amendment) Act, 2010.", "2 Article 5 was substituted by section 3 of Bangladesh National Anthem, Flag and Emblem (Amendment) Act, 2010." ], "name": "The Bangladesh National Anthem, Flag and Emblem Order, 1972 (President's Order)", "num_of_sections": 7, "published_date": "31st October, 1972", "related_act": [], "repelled": false, "sections": [ { "act_id": 418, "details": "1. (1) This Order may be called the Bangladesh National Anthem, Flag and Emblem 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": 418, "details": "2. The National Anthem shall be the first ten lines of Kabi Guru Rabindranath Tagore's “Amar Sonar Bangla”as set out in the First Schedule.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 418, "details": "3. The National Flag shall consist of a circle, coloured red throughout its area, resting on a green background. The size and other features of the National Flag shall be in accordance with the specifications set out in the Second Schedule.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 418, "details": "4. The National Emblem shall be 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, as specified in the Third Schedule.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 418, "details": "14A. Whoever Contravenes any provision of this Order or of any rules made thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to Taka five thousand, or with both.", "name": "4A", "related_acts": "", "section_id": 5 }, { "act_id": 418, "details": "25. The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Order.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 418, "details": "6. Subject to the provisions of this Order, the People's Republic of Bangladesh Flag Rules, 1972, and the National Emblem Rules, 1972, shall, so far as applicable and until amended and repealed, continue to have effect.", "name": "", "related_acts": "", "section_id": 7 } ], "text": "WHEREAS it is expedient to make provision relating to the National Anthem, National Flag and National Emblem 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": 419, "lower_text": [], "name": "The Bangladesh Industrial Development Corporation (Dissolution) Order, 1972 (President's Order)", "num_of_sections": 3, "published_date": "15th November, 1972", "related_act": [ 384 ], "repelled": false, "sections": [ { "act_id": 419, "details": "1. (1) This Order may be called the Bangladesh Industrial Development Corporation (Dissolution) 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": 419, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a)\t“Corporation” means the Bangladesh Industrial Development Corporation established by the Bangladesh Industrial Development Corporation Order, 1972 (P.O. No. 39 of 1972); (b)\t“Government” means the Government of the People's Republic of Bangladesh.", "name": "", "related_acts": "384", "section_id": 2 }, { "act_id": 419, "details": "3. Notwithstanding anything contained 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 Corporation shall stand dissolved; (b) all assets of whatsoever nature of the Corporation shall vest in the Government;  (c)\tthe Government shall consider any representations which may be made to it by or on behalf of any person claiming that the Corporation or any predecessor-in-title of the Corporation had incurred any debt, liability or obligation to that person and shall have power to make ex-gratia payment of compensation to that person in respect of such claim if and to the extent that the same shall to it appear to be just.", "name": "", "related_acts": "", "section_id": 3 } ], "text": "WHEREAS in view of the re organisation of industrial enterprises the Bangladesh Industrial Development Corporation is no longer required to discharge any functions and it is desirable that the same shall be dissolved; 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": 420, "lower_text": [], "name": "The Bangladesh Transfer of Immovable Property (Temporary Provisions) Order, 1972 (President's Order)", "num_of_sections": 12, "published_date": "20th November, 1972", "related_act": [ 411, 1310 ], "repelled": false, "sections": [ { "act_id": 420, "details": "1. (1) This Order may be called the Bangladesh Transfer of Immovable Property (Temporary Provisions) 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": 420, "details": "2. In this Order, unless there is anything repugnant in the subject or context, “transfer” includes transfer by sale, exchange, gift, heba, will, mortgage, lease, sub lease or any other manner of transfer or any agreement for such transfer or change of management through a power of attorney or otherwise, but does not include- (i)\ta mortgage to the Government or to a local authority or to a Scheduled Bank or to a statutory Corporation or to a Co operative Society, and (ii)\tany transfer by the Government or any local authority.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 420, "details": "3. Notwithstanding anything contained in any other law for the time being in force or in any contract or agreement, no transfer of any immovable property made after the commencement of this Order shall be deemed to be valid and legal unless the provisions of this Order have been complied with.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 420, "details": "4. No document of transfer of immovable property shall be submitted for registration unless it is accompanied by an affidavit stating the nationality of the transferor and affirming the following facts- (a)\tthat the immovable property proposed to be transferred is not under attachment under the Bangladesh Collaborators (Special Tribunals) Order, 1972 (P.O. No. 8 of 1972); (b)\tthat the immovable property proposed to be transferred is not an abandoned property within the meaning of the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972); (c)\tthat the immovable property proposed to be transferred has not vested in, or does not stand forfeited to, the Government under any law for the time being in force; (d)\tthat the proposed transfer does not contravene any provision of any other law for the time being in force; (e)\tthat the proposed transfer is not liable to be void under Article 5A of the Bangladesh Land Holding (Limitation) Order, 1972 (P.O. No. 98 of 1972); and (f)\tthat the immovable property proposed to be transferred has been correctly described and has not been undervalued and the applicant has transferable rights in such property.", "name": "", "related_acts": "1310,411", "section_id": 4 }, { "act_id": 420, "details": "5. No Registering Officer shall register any document of transfer of immovable property unless it is accompanied by the affidavit referred to in Article 4.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 420, "details": "6. No person shall, without joining the Government which shall be a necessary party, file or proceed with any suit- (a)\tfor the specific performance of any contract relating to the transfer of any immovable property or for declaration of title to, or assertion of ownership of, any such property, (b) for enforcement of mortgage security in relation to any immovable property except where the mortgagee is the Government or a local authority or a scheduled Bank or a statutory Corporation or a Co-operative Society, or (c) \tfor partition of immovable property where the total area or the property involved exceeds one hundred standard bighas.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 420, "details": "7. A transfer of immovable property in contravention of the provisions of this Order shall be null and void and the property so transferred shall stand forfeited to the Government. Explanation.- Any wrong, incorrect of false statement made in the affidavit referred to in Article 4 or in the document of transfer or any other relevant document relating to the property shall be deemed to be a contravention of the provisions of this Order for the purpose of this Article.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 420, "details": "8. Notwithstanding anything contained in any other law for the time being in force, if, in the opinion of the Government, any transfer of property was made under duress or was not a bona fide transfer for consideration, within the period from the 26th March, 1971, to the date of commencement of this Order, the Government may take such action in respect of such transfer (including the setting aside thereof) as it thinks fit and the action so taken shall not be called in question in any Court.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 420, "details": "9. Every officer acting under this Order shall be deemed to be acting judicially within the meaning of the Judicial Officers' Protection Act, 1850 (Act XVIII of 1850).", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 420, "details": "10. Every officer acting under this Order shall have the powers of a Civil Court for the purpose of receiving evidence, administering oaths, enforcing the attendance of witnesses and compelling the production of documents.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 420, "details": "11. An officer acting under this Order may, by notice, require any person to make and deliver to him a statement or to produce records or documents in his possession or control relating to any immovable property at a time or place specified in the notice and every such person shall be legally bound to do so within the meaning of sections 175 and 176 of the Penal Code (Act XLV of 1860).", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 420, "details": "12. The Government may make rules and issue instructions for carrying out the purposes of this Order.", "name": "", "related_acts": "", "section_id": 12 } ], "text": "WHEREAS it is expedient to make provisions for restricting the transfer of immovable property in Bangladesh in public interest; 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": 421, "lower_text": [ "1 Clause (b) was substituted by section 2 (a) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "2 Clause (gg) was inserted by section 2 (b) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "3 Clause (h), (i) and (j) were substituted by section 2(c) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "4 Article 2A was inserted by section 3 of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "5 The word “Dhaka” was substituted for the word “Dacca” by section 4 of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "6 Sub-clause (ii) was inserted after sub-clause (i) by section 5 of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "7 The words “one thousand crore Taka” were substituted for the words “fifteen crore Taka” by section 6(a) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "8 The words “four hundred crore Taka” were substituted for the words “Taka five lakhs” by section 6(b) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "9 Article 8 was substituted by section 7 of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "10 Article 9 was substituted by section 8 of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "11 The words “Chairman and a” were inserted before the word “Director” by section 9(a) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "12 The word “or” was omitted by section 9(b) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "13 Sub-clause (e), (f) and (g) were substituted by section 9(c) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "14 The words “President of the Board of Directors” were substituted for the word “Chairman” by section 10(a) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "15 The words “President of the Board of Directors” were substituted for the word “Chairman” by section 10(a) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "16 The words “five Directors” were substituted for the words “one Director” by section 10(c) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "17 The words “Director of the Board” were substituted for the word “Director” by section 10(b) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "18 The words “President of the Board of Directors” were substituted for the word “Chairman” by section 10(a) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "19 The words “President of the Board of Directors” were substituted for the word “Chairman” by section 10(a) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "20 The words “Director of the Board” were substituted for the word “Director” by section 10(b) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "21 The words “President of the Board of Directors” were substituted for the word “Chairman” by section 10(a) of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022).", "22 The words, comma, letters and bracket “Bangladesh Chartered Accountants Order, 1973 (President’s Order No. 2 of 1972)” were substituted for the words, comma, letters and bracket “Chartered Accountants Ordinance, 1961 (Ordinance X of 1961)” by section 11 of Bangladesh Parjatan Corporation (Amendment) Act, 2022 (Act No. 11 of 2022)." ], "name": "The Bangladesh Parjatan Corporation Order, 1972 (President's Order)", "num_of_sections": 23, "published_date": "27th November, 1972", "related_act": [ 442, 306, 1407 ], "repelled": false, "sections": [ { "act_id": 421, "details": "1. (1) This Order may be called the Bangladesh Parjatan 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": 421, "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; 1(b) “Chairman” means the Chairman of the Corporation; (c) “Corporation” means the Bangladesh Parjatan Corporation established by this Order; (d) “Director” means a Director of the Corporation; (e) “domestic tourist” means any person of Bangladesh travelling within the country for the purpose of recreation or education or health; (f) “Government” means Government of the People's Republic of Bangladesh; (g) “Prescribed” means prescribed by rules or regulations made under this Order; 2(gg) “President” means President of the Board;  3(h) “regulations” means regulations made under this Order;(i)  \"rules\"means rules made under this Order;(j) “tourist” means a person who leaves his ordinary place of residence for a new place and stays there for a period not exceeding 1 (one) year for leisure, recreation, business or for any other reason, except for the purpose of employment for earning.”", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 421, "details": "42A. Notwithstanding anything contained in any other law for the time being in force relating to tourism, the provisions of this Order shall prevail.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 421, "details": "3. (1) On the coming into force of this Order, there shall be established a Corporation to be called the Bangladesh Parjatan 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.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 421, "details": "4. (1) The Head Office of the Corporation shall be at 5Dhaka. (2) The Corporation may establish office, branches or agencies at any other place in or outside Bangladesh.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 421, "details": "5. (1) It shall be the function of the Corporation to promote and develop tourism, provide facilities, undertake measures and carry out all forms of activities connected with or ancillary to tourism. (2) Without prejudice to the generality of the foregoing provision, the Corporation shall, in particular, have power- (a) to promote tourist undertakings and to control and regulate tourist installations and services; (b) to project the image of Bangladesh abroad for the purpose of attracting tourist by publicising history and culture of the country; (c) to organize reception and information facilities in or outside Bangladesh; (d) to encourage and develop domestic tourism; (e) to promote any organisation, in or outside Bangladesh, for the purpose of engaging in any activity falling within the  functions of the corporation, or, with the previous approval of the Government, to associate with any such organisation; (f) to enter into tourism agreement with foreign countries with the previous approval of the Government; (g) to conduct and carry out research on various aspects of tourism; (h) to publish literature on tourism; (i) to acquire, establish, construct, arrange, provide and run hotels, restaurants, rest houses, picnic spots, camping sites, theatres, amusement parks, casinos and facilities for water skiing and entertainment for tourist; 6(ii) to operate and manage duty free shops; (j) to establish Travel Agency and/or work as agents for railways, shipping companies, airlines, waterways, road transport, for organizing group tours; (k) to organize shikar agencies and undertake all activities for promotion of Safari tourism and maintain game sanctuaries and game reserves, fish hatcheries and fowl breeding farms. (l) to establish institutes or make other arrangements for instruction and training of persons engaged or likely to be engaged in any activity connected with or ancillary to tourism; (m) to acquire, hold or dispose of any property whether movable or immovable; (n) to invest its moneys and funds and to vary the investments as and when it may seem necessary or proper; (o) to do all other things connected with or ancillary to any of the matters referred to in the foregoing sub clauses; (p) to carry out any other functions as may be prescribed.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 421, "details": "6. (1) The authorised capital of the Corporation shall be 7one thousand crore Taka, to be subscribed by the Government, in the manner determined by the Government according to the requirements of the Corporation.  (2) The initial share capital shall be 8four hundred crore Taka fully paid up and subscribed by the Government.  (3) 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 manner as may be approved by, the Government.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 421, "details": "7. (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 the public interest generally and shall be guided on question of policy involving national interest by such general or special instructions as may be given to it by the Government from time to time.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 421, "details": "98. There shall be a Board of Directors of the Corporation which shall consist of the following Directors, namely:-(a) a person to be nominated by the Government for such period and terms and conditions as the Government may determine, who shall also be its President;(b) Chairman of the Corporation;(c) an officer not below the rank of Joint Secretary to be nominated by the Ministry of Civil Aviation and Tourism;(d) an officer not below the rank of Joint Secretary to be nominated by the National Board of Revenue;(e) an officer not below the rank of Joint Secretary to be nominated by the Legislative and Parliamentary Affairs Division;(f) an officer not below the rank of Joint Secretary to be nominated by the Public Security Division;(g) an officer not below the rank of Joint Secretary to be nominated by the Ministry of Environment, Forest and Climate Change;(h) two Directors of the Corporation to be appointed by the Government;(i) two representatives to be nominated by the Government from non-government organizations who are directly and institutionally associated with the tourism industry.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 421, "details": "109.(1) There shall be a Chairman and such number of Directors of the Corporation, as the Government may determine.(2) The Chairman shall be the Chief Executive of the Corporation.(3) The Chairman and the Directors shall be appointed by the Government for such period and on such terms and conditions as may be determined.(4) The Chairman and the Directors shall be whole-time officers of the Corporation and shall exercise functions and discharge such duties as may be prescribed.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 421, "details": "10. No person shall be or shall continue to be a 11Chairman and a Director who,- (a) is or at any time has been adjudicated insolvent; (b) is found to be a lunatic or of unsound mind; (c) is or at any time has been convicted of any offence which, in the opinion of the Government, is an offence involving moral turpitude; (d) is a minor; 12*** 13(e) is declared as a defaulter by a competent court in repaying any loan taken by him from any bank or financial institutions;(f) is engaged in any profession or business connected with the interest of the corporation directly or indirectly; or(g) absents himself from 3 (three) consecutive meetings without reasonable excuse, the Government may remove him by an order.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 421, "details": "11. (1) The meetings of the Board shall be held at such times and at such places as may be prescribed: Provided that until rules are made in that behalf such meetings of the Board shall be convened by the 14President of the Board of Directors. (2) To constitute a quorum at a meeting of the Board the 15President of the Board of Directors and at least 16five Directors shall be present. (3) At a meeting of the Board each 17Director of the Board shall have one vote, and in the event of equality of votes the 18President of the Board of Directors shall have a second or casting vote. (4) If for any reason the 19President of the Board of Directors is unable to be present at a meeting of the Board, a 20Director of the Board authorised in writing by the 21President of the Board of Directors shall preside at the meeting.", "name": "", "related_acts": "", "section_id": 12 }, { "act_id": 421, "details": "12. The Board may delegate such powers as it may deem fit to the Chairman for the efficient functioning of the Corporation.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 421, "details": "13. There shall be an Advisory Committee, to be known as the Parjatan Updesta Committee, to perform such advisory functions as may be prescribed, consisting of not less than three and not more than seven persons to be appointed by the Government from among persons who by virtue of their knowledge and experience can render valuable advice regarding the promotion and development of tourism.", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 421, "details": "14. The Corporation may open and operate any account with any schedulcd Bank or banks.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 421, "details": "15. The Corporation may invest its funds in such securities of the Government or in such manner as may be prescribed.", "name": "", "related_acts": "", "section_id": 16 }, { "act_id": 421, "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 22Bangladesh Chartered Accountants Order, 1973 (President’s Order No. 2 of 1972), 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 together with the account books and vouchers relating thereto for examination and shall, at all reasonable times, have access to the books, accounts and other documents of the Corporation and may in connection with such accounts examine any Director or officer of the Corporation. (4) The auditors shall report to the Government upon the annual balance sheet and the accounts and on any ancillary matter connected therewith. (5) The Government, at any time, may 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 interests of the Government 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 persons if, in its opinion, the interest of the Government so requires.", "name": "", "related_acts": "442", "section_id": 17 }, { "act_id": 421, "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 statement of accounts audited 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": 18 }, { "act_id": 421, "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, in the prescribed form, for each financial year showing the estimated receipt and expenditure and the sums which are likely to be required from the Government during the financial year.", "name": "", "related_acts": "", "section_id": 19 }, { "act_id": 421, "details": "19. The Corporation may, subject to any rules or regulations made or directives issued by the Government, appoint such officers, consultants, advisers 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": 20 }, { "act_id": 421, "details": "20. 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 Pakistan Tourism Development Corporation 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": 21 }, { "act_id": 421, "details": "21. 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": 22 }, { "act_id": 421, "details": "22. (1) The Board may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Order and the rules prescribed by the Government, to provide for all matters for which provision is necessary or expedient. (2) All regulations under clause (1) shall be published in the official Gazette and shall come into force on such publication.", "name": "", "related_acts": "", "section_id": 23 } ], "text": "WHEREAS it is expedient to provide for the establishment of a Corporation for the purpose of promotion, better operation and development of tourism in Bangladesh and for matters connected therewith 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": 422, "lower_text": [ "1 Sub-clauses (a) to (o) and clause (2) were substituted by section 2 of the Bangladesh Rifles (Amendment) Act, 1974 (Act No. XV of 1974)", "2 Clause (d) was substituted by section 2 of the Bangladesh Rifles (Amendment) Act, 1975 (Act No. XL of 1975)", "3 Clause(j) was substituted for Clause(j) of Article-2(1) by section 2 of the Bangladesh Rifles (Amendment) Act, 2010(Act No. XLVII of 2010).", "4 The words “the Director-General” were substituted for the words “the Director” by section 2 of the Bangladesh Rifles (Amendment) Act, 1975 (Act No. XL of 1975)", "5 Clause (3) was added by section 2 of the Bangladesh Rifles (Amendment) Act, 1973 (Act No. XXI of 1973)", "6 Article 5 was substituted by section 3 of the Bangladesh Rifles (Amendment) Act, 1974 (Act No. XV of 1974)", "7 The words “a Director-General” were substituted for the words “a Director” by section 3 of the Bangladesh Rifles (Amendment) Act, 1975 (Act No. XL of 1975)", "8 Sub-clause (a) was substituted by section 3 of the Bangladesh Rifles (Amendment) Act, 1975 (Act No. XL of 1975)", "9 The words “Director-General” were substituted for the word “Director” by section 3 of the Bangladesh Rifles (Amendment) Act, 1975 (Act No. XL of 1975)", "10 The words “Director-General” were substituted for the word “Director” by section 3 of the Bangladesh Rifles (Amendment) Act, 1975 (Act No. XL of 1975)", "11 The words “Director-General” were substituted for the word “Director” by section 3 of the Bangladesh Rifles (Amendment) Act, 1975 (Act No. XL of 1975)", "12 Article 6 was substituted by section 4 of the Bangladesh Rifles (Amendment) Act, 1974 (Act No. XV of 1974)", "13 The words “Director-General” were substituted for the word “Director” by section 4 of the Bangladesh Rifles (Amendment) Act, 1975 (Act No. XL of 1975)", "14 The words “Director-General” were substituted for the word “Director” by section 4 of the Bangladesh Rifles (Amendment) Act, 1975 (Act No. XL of 1975)", "15 Articles 10A and 10B were inserted by section 5 of the Bangladesh Rifles (Amendment) Act, 1974 (Act No. XV of 1974)", "16 Article 10AA was inserted by section 3 of the Bangladesh Rifles (Amendment) Act, 2010(Act No. XLVII of 2010).", "17 The words “Director-General” were substituted for the word “Director” by section 4 of the Bangladesh Rifles (Amendment) Act, 1975 (Act No. XL of 1975)", "18 Article 11A was inserted by section 7 of the Bangladesh Rifles (Amendment) Act, 1974 (Act No. XV of 1974)", "19 The words “Director-General” were substituted for the word “Director” by section 4 of the Bangladesh Rifles (Amendment) Act, 1975 (Act No. XL of 1975)", "20 Paragraph (j) was substituted by section 6 of the Bangladesh Rifles (Amendment) Act, 1974 (Act No. XV of 1974)", "21 The words “Director-General” were substituted for the word “Director” by section 4 of the Bangladesh Rifles (Amendment) Act, 1975 (Act No. XL of 1975)", "22 Article 16 was substituted by section 2 of the Bangladesh Rifles (Amendment) Act, 1980 (Act No. XXXIII of 1980)", "23 The word and comma “appointment,” were inserted by section 2 of the Bangladesh Rifles (Amendment) Ordinance, 1983 (Ordinance No. LXII of 1983)", "24 Articles 16A, 16B and 16C were inserted by section 9 of the Bangladesh Rifles (Amendment) Act, 1974 (Act No. XV of 1974)", "25 The words “Director-General” were substituted for the word “Director” by section 4 of the Bangladesh Rifles (Amendment) Act, 1975 (Act No. XL of 1975)", "26 The words “Director-General” were substituted for the word “Director” by section 6 of the Bangladesh Rifles (Amendment) Act, 1975 (Act No. XL of 1975)" ], "name": "The Bangladesh Rifles Order, 1972 (President's Order)", "num_of_sections": 26, "published_date": "15th December, 1972", "related_act": [ 12 ], "repelled": true, "sections": [ { "act_id": 422, "details": "1. (1) This Order may be called the Bangladesh Rifles 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": 422, "details": "2. (1) In this Order, unless there is anything repugnant in the subject or context,- 1(a) \t“Commanding officer” means an officer commanding a unit or a body of men belonging to the Force; (b)\t“Company” means a sub-unit composed of several platoons, forming part of, or attached to the Wing; (c)\t“Detachment” means a sub-unit of a company and composed of a body of men operating independently, detached from the Company Headquarters; 2(d)\t “Director-General” means the Director-General of the Force; (e)\t“Force” means the Bangladesh Rifles constituted under this Order;  (f)\t“officer” means a superior officer or a subordinate officer; (g)\t“prescribed” means prescribed by rules made under this Order; (h)\t“Rifleman or Signalman” means a member of the Force other than an officer specified in clauses (1) and (2) of Article 6; (i) \t“Sector Commander” means an officer of the rank of Deputy Director who commands a sector composed of two to four wings; 3(j) “Special Court” means a Court constituted under Article 10AA;  (k) \t“Special Summary Court” means a Court consisting of two superior officers and one subordinate officer, constituted by 4the Director-General and presided over by an officer not below the rank of Assistant Director; (l) \t“subordinate officer” means an officer specified in Article 5(2); (m)\t“superior officer” means an officer specified in Article 5(1); (n)\t“unit” means a unit of the Force; and (o)\t“wing” means any separate unit of the Force composed of several Companies; (2) The expressions “reasons to believe”, “criminal force”, “assault”, “fraudulently” and “voluntarily causing hurt” shall have the meanings assigned to them respectively in the Penal Code (Act XLV of 1860).", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 422, "details": "3. Every person appointed or enrolled under this Order shall be subject to this Order wherever he may be and shall remain so subject until his discharge in accordance with the provisions of this Order.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 422, "details": "4. (1) There shall be raised and maintained in accordance with the provisions of this Order a Force to be called the Bangladesh Rifles. (2) The Force shall consist of such number and classes of Officers and Riflemen and Signalmen and shall be constituted in such manner as the Government may from time to time direct. 5(3) The Force shall be a disciplined force within the meaning of Article 152 of the Constitution of the People's Republic of Bangladesh.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 422, "details": "65. (1) There shall be 7a Director-General of the Force and may be all or any of the following classes of the superior officers of the Force, namely:- 8(a) \tDirector; (b) \tDeputy Director; (c) \tAssistant Director; (d) \tDeputy Assistant Director. (2) There may be all or any of the following classes of sub-ordinate officers of the Force, namely:- (a) \tSubedar-Major;  (b) \tSubedar; (c) \tNaib-Subedar. (3) The Government shall appoint the 9Director-General and other superior officers and the 10Director-General shall appoint the subordinate officers in such manner and on such terms and conditions as may be prescribed. (4) The 11Director-General and the other superior officers shall possess, and may exercise, such powers and authority over the officers sub-ordinate to them and the Rifleman and Signalman for the time being under their command as is provided by or under this Order.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 422, "details": "126. (1) There may be all or any of the following classes of Riflemen of the Force, namely :- (a) \tHavildar-Major; (b) \tHavildar and Havildar Assistant; (c) \tNaik and Naik Assistant; (d) \tLance-Naik and Lance-Naik Assistant; (e) \tBuglar and Sepoy and Sepoy Assistant; (f) \tNon-combatant (Enrolled). (2) There may be all or any of the following classes of Signalman of the Force, namely :- (a) \tHavildar-Major; (b) \tHavildar and Havildar Assistant; (c) \tNaik and Naik Assistant;  (d) \tLance-Naik and Lance-Naik Assistant; (e) \tSignalman Sepoy and Sepoy Assistant; (f) \tNon-combatant (Enrolled). (3) The Riflemen or Signalmen shall be enrolled in such manner, for such period and on such terms and conditions as may be prescribed.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 422, "details": "7. The superintendence of the Force shall vest in the Government and the Force shall be administered, commanded and controlled by the 13Director-General in accordance with the provisions of this Order and any rules made thereunder and such orders and instructions as may be made or issued by the Government from time to time.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 422, "details": "8. The Force shall be employed for the purpose of the following services namely:- (a) \tborder protection; (b) \tanti-smuggling work; and (c) \tany other task as the Government may direct.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 422, "details": "9. It shall be the duty of every Officer or Rifleman or Signalman promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority and to apprehend all persons whom he is legally authorised to apprehend and for whose apprehension sufficient grounds exist and deliver such persons to the custody of the police.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 422, "details": "10. Every persons subject to this Order shall be entitled to receive his discharge from the Force on the expiration of the period for which he was appointed or enrolled and may, before the expiration of that period, be discharged from the Force by the Government, 14Director-General or such other officer and subject to such conditions as may be prescribed.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 422, "details": "1510A. (1) A subordinate officer or a Rifleman or a Signalman, who- (a) \tbegins, excites, causes or joins in any mutiny or sedition or, being present at any mutiny or sedition, does not make his utmost endeavours to suppress it, or, knowing, or having reason to believe in the existence, of any mutiny or sedition, does not, without delay, give information thereof to his Commanding officer or superior officer; or (b) \tuses, or attempts to use, criminal force to, or commits an assault on, his superior officer, knowing or having reason to believe him to be such, whether on or off duty; or (c) \tabandons or delivers up any garrison, fortress, post or guard or wireless station which is committed to his charge or which it is his duty to defend; or (d) \tin the presence of an enemy or any person in arms against whom it is his duty to act, casts away his arms or his ammunition, or intentionally uses words or any other means to induce any other subordinate officer or Rifleman or Signalman to abstain from acting against the enemy, or any such person, or to discourage any such subordinate officer or Rifleman or Signalman from acting against the enemy or such person, or who otherwise misbehaves; or (e) \tdirectly or indirectly holds correspondence with, or communicates intelligence to, or assists, or relieves, any enemy or person in arms against the State, or omits to discover immediately to his Commanding officer or superior officer any such correspondence or communication coming to his knowledge; or (f) \tdirectly or indirectly assists or relieves with money, victuals or ammunition, or knowingly harbours or protects any enemy or person in arms against the State; or (g) \twithout authority leaves his Commanding officers, or his post or party, to go in search of plunder; or (h) \tquits his guard, picquet, party or patrol without being regularly relieved or without leave; or  (i) \tuses criminal force to, or commits and assault on, any person bringing provisions or other necessaries to camp or quarters, or forces a safeguard, or without authority breaks into any house or any other place for plunder, or plunders, destroys or damages any property of any kind; or (j) \tintentionally causes or spreads a false alarm in action, camp, garrison or quarters, shall, on conviction by the Special Court, be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine which may extend to Taka one hundred. (2) The Special Court may take cognizance of any offence punishable under this Article either of its own motion or on a complaint by any officer and shall follow such procedures as may be prescribed. (3) A subordinate officer or a Rifleman or Signalman accused of an offence under this Order shall have the right to conduct his own defence or to have assistance of any officer of the Force or of any legal practitioner of his own choice.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 422, "details": "1610AA.(1) Director-General may, by an order constitute a Special Court consisting of not less than two superior officers and he may preside over it or the said Court may be presided over by a superior officer not below the rank of Director. (2) Director-General may, by an order reconstitute any of the existing Special Courts, consisting of not less than two superior officers and the reconstituted Court may be presided over by a superior officer not below the rank of Director. (3) Special Court as mentioned in clause (1) and (2) shall be assisted by the Attorney General or his representative. (4) A Special Court constituted or reconstituted after the commencement of the Bangladesh Rifles (Amendment) Act, 2010, unless it requires for ensuring justice, shall not recall or re-hear any witness whose evidence has already been recorded, or re-open proceedings already held, but may act on the evidence already produced or recorded and continue the trial from the stage which the case has reached.", "name": "10AA", "related_acts": "", "section_id": 12 }, { "act_id": 422, "details": "10B. (1) A subordinate officer or a Rifleman or a Signalman who- (a) \tis in a state of intoxication when on or detailed for any duty, or on parade, or on the line march; or (b) \tstrikes, or forces or attempts to force, any sentry; or (c) \tbeing in command of a guard, picquet or patrol, refuses to receive any prisoner duly committed to his charge, or, whether in such command or not, releases any prisoner without proper authority or negligently suffers any prisoner to escape; or (d) \tbeing deputed to any guard, picquet or patrol, quits it without being regularly relieved or without leave; or (e) \tbeing in command of a guard, picquet or patrol, permits gambling or other behaviour prejudicial to good order and discipline; or  (f) \tbeing under arrest or in confinement, leaves his arrest or confinement before he is set at liberty by proper authority; or (g) \tis grossly insubordinate or insolent to his officer in the execution of his office; or (h) \trefuses to superintend or assist in the making of any field work or other military work of any description ordered to be made either in quarters or in the field; or (i) \tstrikes or otherwise ill-uses a subordinate officer or a Rifleman or a Signalman subordinate to him in rank or position; or (j) \tbeing in command at any post or on the march and receiving a complaint that any one under his command has beaten or otherwise maltreated or oppressed any person, or has committed any riot or trespass, fails, on proof of the truth of the complaint, to have due reparation made as far as possible to the injured person and to report the case to the proper authority; or (k) \tdesignedly or through neglect injures or loses or fraudulently or without due authority disposes of his arms, clothes, tools, equipment, ammunition, accoutrements any means of transport or other necessaries, or any such articles entrusted to him or belonging to any other person; or (l) \tmalingers, feigns or produces disease or infirmity in himself, or intentionally delays his cure or aggravates his disease or infirmity; or (m)\twith intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or any other person; or (n)\tcommits extortion, or without proper authority exacts from any person carriage, porterage or provisions; or (o)\tdesignedly or through neglect kills, injures, makes away with, ill-treats or loses his horse or any animal used in the public service; or (p) \tdisobeys the lawful command of his officer; or  (q) \tplunders, destroys or damages any property of any kind; or (r) \tbeing a sentry, sleeps at his post or quits it without being regularly relieved or without leave; or (s) \tdeserts or attempts to desert the service or absents himself without leave; or (t) \taccepts illegal gratification from any person; or (u) \tdesignedly or through neglect fails to apprehend an offender; or (v) \tdesignedly or through neglect fails to perform his duties; or (w)\tneglects to obey Force orders or Wing orders or any other orders or rules made under this Order or commits any act or omission prejudicial to good order and discipline, such act or omission not constituting any offence under the Penal Code or any other law in force in Bangladesh; shall, on conviction by a Special Summary Court, be punished with rigorous imprisonment for a term which may extend to two years and with fine which may extend to Taka two hundred. (2) The Special Summary Court may take cognizance of offence punishable under this Article either of its own motion or on complaint by any person and shall follow such procedures as may be prescribed. (3) A subordinate officer or a Rifleman or a Signalman on conviction by a Special Summary Court under this Article may prefer an appeal to the Sector Commander or to an officer of equivalent rank in the line of command within fifteen days of announcement of the judgement; and a second appeal may be preferred to the 17Director-General within thirty days of disposal of the first appeal.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 422, "details": "1811A. Any subordinate officer, Rifleman or Signalman sentenced under this Order to imprisonment for a period not exceeding three months shall, when he is also dismissed from the Force, be imprisoned in the nearest or such other Jail as the Government may, by general or special order, direct, but when he is not also dismissed from the Force, he may, if the convicting Court or the Magistrate so directs, be confined in the quarter-guard or such other place as such Court or Magistrate may deem fit.", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 422, "details": "11. (1) Subject to such rules as the Government may make under this Order, the 19Director-General may, at any time, award any one or more of the following punishments to any subordinate officer or any Rifleman or Signalman whom he finds to be guilty of disobedient, neglect of duty or remissness in the discharge of any duty, or of rendering himself unfit to discharge his duty, or of other misconduct in his capacity as a subordinate officer or Rifleman or Signalman, namely:- (a) \tdismissal from service; (b) \tremoval from service ; (c) \tcompulsory retirement; (d) \treduction in rank or grade; (e) \tstoppage of promotion; (f) \tforfeiture of seniority for not more than one year; (g) \tforfeiture of pay and allowances for not exceeding twenty-eight days; (h) \tforfeiture of increment in pay; (i) \tfine to any amount not exceeding one month's pay; 20(j) rigorous imprisonment up to twenty-eight days in unit quarter-guard; (k) \tsevere reprimand; (l) \treprimand; (m)\textra guard, picquets, patrol or fatigue; (n) \tconfinement to lines for a term not exceeding one month with or without drill, extra guard, fatigue or other duty. (2) The 21Director-General may place under suspension any Subordinate Officer or any Rifleman or Signalman against whom action under clause (i) is required to be taken or against whom any investigation or any enquiry is required to be made. (3) Notwithstanding anything contained in clause (1), no Subordinate Officer or Rifleman or Signalman shall be awarded any punishment under this Article unless he has been given an opportunity of being heard. (4) Any subordinate Officer or Rifleman or Signalman aggrieved by any action taken under sub-clause (a) to (i) of clause (1) may prefer an appeal to the prescribed authority in the prescribed manner.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 422, "details": "12. Omitted by section 8 of the Bangladesh Rifles (Amendment) Act, 1974 (Act No. XV of 1974).", "name": "Omitted", "related_acts": "", "section_id": 16 }, { "act_id": 422, "details": "13. Whenever any person subject to this Order deserts, his Commanding Officer shall give written information of the desertion to such civil authorities as in his opinion may be able to afford assistance towards the capture of the deserter and such authorities shall thereupon take steps for apprehension of the said deserter in like manner as if he were a person for whose apprehension a warrant had been issued by a Magistrate and shall deliver the deserter, when apprehended, to the custody of the Force.", "name": "", "related_acts": "", "section_id": 17 }, { "act_id": 422, "details": "14. No person subject to this Order shall be at liberty to resign his appointment or to withdraw himself from all or any of the duties of his appointment, without the sanction of the Commanding Officer with whom he is serving or of some other Officer authorised by the Commanding Officer to grant such sanction.", "name": "", "related_acts": "", "section_id": 18 }, { "act_id": 422, "details": "15. Omitted by section 8 of the Bangladesh Rifles (Amendment) Act, 1974 (Act No. XV of 1974).", "name": "Omitted", "related_acts": "", "section_id": 19 }, { "act_id": 422, "details": "2216. (1) The Government may, by order in writing, delegate, in respect of such Superior Officer as it may think fit, its power of 23appointment, posting and transfer to the Director General. (2) The Director General may, by order in writing, delegate, to such extent and in respect of such Subordinate Officer or such Rifleman or Signalman as he may think fit, the powers conferred upon him by any provision of this Order to any Superior Officer.", "name": "", "related_acts": "", "section_id": 20 }, { "act_id": 422, "details": "2416A. Notwithstanding anything contained in the Police Act, 1861 (V of 1861), or in any other enactment for the time being in force, the Government may invest the 25Director-General with the powers of a Magistrate First Class for the purpose of enquiring into or trying any offence committed by a subordinate officer, Rifleman or Signalman against the person or property of another subordinate officer, Rifleman or Signalman and punishable under any provision of the Penal Code (Act XLV of 1860), or of any other law in force in Bangladesh.", "name": "", "related_acts": "12", "section_id": 21 }, { "act_id": 422, "details": "16B. Omitted by section 5 of the Bangladesh Rifles (Amendment) Act, 1975 (Act No. XL of 1975).", "name": "Omitted", "related_acts": "", "section_id": 22 }, { "act_id": 422, "details": "16C. No suit, prosecution or other legal proceedings shall lie against any superior officer for anything which is done or intended to be done in good faith under this Order.", "name": "", "related_acts": "", "section_id": 23 }, { "act_id": 422, "details": "17. (1) The Rifles Act, 1920 (Act II of 1920) is hereby repealed. (2) All employees of the Organisation set up under the Rifles Act, 1920 (Act II of 1920) who were appointed before the commencement of this Order shall, on such commencement, become employees of the Organisation set up under this Order and shall hold their offices and services in that Organisation on the same terms and conditions as are applicable to them immediately before the commencement of this Order. (3) All properties, movable and immovable, funds, liabilities and records of the Organisation set up under the Rifles Act, 1920 (Act II of 1920) shall on the commencement of this Order, stand transferred to and vested in the Organisation set up, under this Order.", "name": "", "related_acts": "", "section_id": 24 }, { "act_id": 422, "details": "18. All rules and regulations made under the Rifles Act, 1920 (Act II of 1920), 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 made under this Order.", "name": "", "related_acts": "", "section_id": 25 }, { "act_id": 422, "details": "19. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Order. (2) In particular and without prejudice to the generality of the foregoing power, such rules may- (a) \tprescribe the period for which and the manner in which persons may be appointed as Officers or enrolled as Riflemen or Signalmen; (b) \tprescribe the training of Officers, Riflemen and Signalmen; (c) \tprescribe the discharge of Officers, Riflemen and Signalmen; (d) \tprescribe the terms and conditions of service of Officers, Riflemen and Signalmen; (e) \tregulate the powers and functions of the 26Director-General and other Officers;  (f) \tregulate the classes of Officers, Riflemen and Signalmen; (g) \tprovide for any other matter necessary for the constitution, maintenance, administration, command, control and discipline of the Force and for carrying the provisions of this Order into effect.", "name": "", "related_acts": "", "section_id": 26 } ], "text": "WHEREAS it is expedient to provide for the constitution of Bangladesh Rifles and matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamation of Independence of Bangladesh, read with the Provisional Constitution of Bangladesh Order, 1972, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-" }

{ "id": 423, "lower_text": [ "1 Article (1A) was inserted by section 2 of The Bangladesh Citizenship (Temporary Provisions) (Amendment) Act, 1990 (Act No. LVIII of 1990)", "2 Articles 2A and 2B were inserted by section 2 of The Bangladesh Citizenship (Temporary Provisions) (Amendment) Act, 1973 (Act No. V of 1973)", "3 Article 2B was substituted by section 2 of The Bangladesh Citizenship (Temporary Provisions) (Amendment) Ordinance, 1978 (Ordinance No. VII of 1978)", "4 Article 4A was inserted by section 3 of The Bangladesh Citizenship (Temporary Provisions) (Amendment) Act, 1990 (Act No. LVIII of 1990)" ], "name": "The Bangladesh Citizenship (Temporary Provisions) Order, 1972 (President's Order)", "num_of_sections": 9, "published_date": "15th December, 1972", "related_act": [], "repelled": false, "sections": [ { "act_id": 423, "details": "1. (1) This Order may be called the Bangladesh Citizenship (Temporary Provisions) 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": 423, "details": "11A. In this Order, unless there is anything repugnant in the subject or context, “prescribed” means prescribed by rules made under this Order.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 423, "details": "2. Notwithstanding anything contained in any other law, on the commencement of this Order, every person shall be deemed to be a citizen of Bangladesh- (i) \twho or whose father or grandfather was born in the territories now comprised in Bangladesh and who was a permanent resident of such territories on the 25th day of March, 1971, and continues to be so resident; or (ii)\twho was a permanent resident of the territories now comprised in Bangladesh on the 25th day of March, 1971, and continues to be so resident and is not otherwise disqualified for being a citizen by or under any law for the time being in force: Provided that if any person is a permanent resident of the territories now comprised in Bangladesh or his dependent is, in the course of his employment or for the pursuit of his studies, residing in a country which was at war with, or engaged in military operations against Bangladesh and is being prevented from returning to Bangladesh, such person or his dependents, shall be deemed to continue to be resident in Bangladesh.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 423, "details": "22A. A person to whom Article 2 would have ordinarily applied but for his residence in the United Kingdom shall be deemed to continue to be permanent resident in Bangladesh within the meaning of that Article: Provided that the Government may notify, in the official Gazette, any person or categories of persons to whom this Article shall not apply.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 423, "details": "32B. (1)Notwithstanding anything contained in Article 2 or in any other law for the time being in force, a person shall not, except as provided in clause (2), qualify himself to be a citizen of Bangladesh if he- (i)\towes, affirms or acknowledges, expressly or by conduct, allegiance to a foreign state, or (ii)\tis notified under the proviso to Article 2A: Provided that a citizen of Bangladesh shall not, merely by reason of being a citizen or acquiring citizenship of a state specified in or under clause (2), cease to be a citizen of Bangladesh. (2)\tThe Government may grant citizenship of Bangladesh to any person who is a citizen of any state of Europe or North America or of any other state which the Government may, by notification in the official Gazette, specify in this behalf.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 423, "details": "3. In case of doubt as to whether a person is qualified to be deemed to be a citizen of Bangladesh under Article 2 of this Order, the question shall be decided by the Government, which decision shall be final.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 423, "details": "4. The Government may, upon an application made to it in this behalf in the manner prescribed, grant citizenship to any person.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 423, "details": "44A. The Government may, upon an application made to it in this behalf in the manner prescribed, grant right of permanent residence to any person on such conditions as may be prescribed.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 423, "details": "5. The Government may make rules for carrying out the purposes of this Order.", "name": "", "related_acts": "", "section_id": 9 } ], "text": "WHEREAS it is expedient to make temporary provisions regarding citizenship 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": 424, "lower_text": [ "1 Throughout this Order the words “the High Court Division” Or “the High Court Division” and “High Court Division” were substituted for the words “a Tribunal” Or” Tribunal” and the words “Tribunal” wherever occurring respectively by section 16 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001).", "2 Clause (ia) was inserted by section 2 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "3 Clause (iia) was inserted by section 2 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "4 Clause (iii) was substituted by section 2 of the Representation of the People (Second Amendment) Ordinance, 1978 (Ordinance No. L of 1978)", "5 Clause (vi) was substituted by section 2(a) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "6 Clauses (viiia) and (viiib) were inserted by section 2 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "7 Clause (xi) was substituted by section 2 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "8 The words, comma, numbers and bracket ভোটার তালিকা আইন, ২০০৯ (২০০৯ সনের ৬নং আইন) were substituted for the words, comma, numbers and bracket “the Electoral Rolls Ordinance, 2007 (Ord. No. XVII of 2007)” by section 2(b) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "9 Clause (xia) was omitted by section 2 of the Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "10 Clause (xia1) was inserted by section 2 of the Representation of the People (Amendment) Act, 2019 (Act No IV of 2019).", "11 Clause (xiaa) was substituted by section 2 of the Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "12 The words “Border Guard Bangladesh” were substituted for the words “Bangladesh Rifles” by section 2(c) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "13 Clause (xiva) was inserted by section 2 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "14 Clause (xixa) was substituted by section 2 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "15 Clause (xxia) was inserted by section 2 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "16 Clause (xxiiia) was inserted by section 2 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "17 Clause (xxiv) was substituted by section 2(d) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "18 Articles 3 and 3A were substituted for Article 3 by section 3 of the Representation of the People (Amendment) Act, 1994 (Act No. XXIII of 1994)", "19 Article 3 was substituted by section 3 of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "20 The words “the Chief Election Commissioner or any of the Election Commissioners” were substituted for the words “its chairman or any of its members” by section 4 of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "21 Article 7 was substituted by section 4 of the Representation of the People (Amendment) Act, 1994 (Act No. XXIII of 1994)", "22 The marginal note “Appointment of District Returning Officer and Returning Officer, etc.” were omitted by section 3 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "23 The words “or constituency\" were inserted after the word “district\" by section 2 of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "24 Clause (7) was substituted by section 3 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "25 Clause (1) was substituted by section 3 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "26 The words “The Commission may make such alterations in the list of polling stations as it may consider necessary and shall, at least twenty five days” were substituted for the words, figure and brackets “The Commission may make such alterations in the list of polling stations submitted under clause (1) as it may consider necessary and shall, at least fifteen days” by section 3 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "27 Clause (5) was added by section 3 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "28 Clauses (1), (1A) and (1B) were substituted for former clause (1) by section 5 of the Representation of the People (Amendment) Act, 1994 (Act No. XXIII of 1994)", "29 The words, brackets and figures “immediately after the publication of notification under clause (1) of Article 11” were inserted after the words “that constituency” by section 4 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "30 Sub-clause (a) was substituted by section 2 of the Representation of the People (Fourth Amendment) Ordinance, 1986 (Ordinance No. XIX of 1986)", "31 The words “or days” were inserted by section 2 of the Representation of the People (Fourth Amendment) Ordinance, 1986 (Ordinance No. XIX of 1986)", "32 The words “or days” were inserted after the words “a day” by section 5 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "33 The words “or the Assistant Returning Officer” were inserted by section 2 of the Representation of the People (Second Amendment) Ordinance, 1986 (Ordinance No. XVII of 1986)", "34 Clause (1) was substituted by section 6 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "35 Sub-clause (j) was omitted by section 5(a)(i) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "36 The words “seven days from\" were omitted by section 3(a) (i) of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "37 The word “which” was substituted for the word “who” by section 5(a)(ii) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "38 The words “seven days from” were omitted by section 3(a) of the Representation of the People (Amendment) Act, 2019 (Act No 4 of 2019).", "39 The words “the concerned company or firm” were substituted for the word “him” by section 5(a)(ii) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "40 The words “seven days from\" were omitted by section 3(a) (ii) of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "41 Sub-clause (o) was substituted by section 5(a)(iii) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "42 Clause (b) was substituted by section 5(a)(iv)(1) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "43 Clause (c) was omitted by section 5(a)(iv)(2) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "44 Clause (1A) was inserted by section 2 of the Representation of the People (Sixth Amendment) Ordinance, 1986 (Ordinance No. LIX of 1986).", "45 The word \"city\" was substituted for the word \"Municipal\" by section 7 of the Representation of the People (Amendment) Act, 1994 (Act No. XXIII of 1994)", "46 The words \"Ward Commissioner\" were substituted for the words \"Chairman or member of a ward committee thereof\" by section 7 of the Representation of the People (Amendment) Act, 1994 (Act No. XXIII of 1994)", "47 The word “and” at the end of sub-clause (a) was omitted by section 6(b) of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "48 The semi-colon (;) and the word “and” were substituted for the full stop (.) at the end of sub-clause (b) by section 6(b) of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "49 Sub-clause (c) was inserted by section 6(b) of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "50 Clause (3) was substituted by section 3(b) of the Representation of the People (Amendment) Act, 2019 (Act No 4 of 2019).", "51 Clauses (3a) and (3b) were inserted by section 6(c) of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "52 Proviso was substituted by section 5(b) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "53 The word “and\" was omitted by section 3(b) (i) of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "54 The symbol “;\" was substituted for the symbol “.” by section 3(b) (ii) of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "55 Sub clause (i) was added by section 3(b) (ii) of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "56 The comma and words \", and a nomination paper may be delivered to both the Retutung Officer and the Assistant Returung Officer\" were inserted by section 3 of the Representation of the People (Second Amendment) Ordinance, 1986 (Ordinance No. XVII of 1986).", "57 The words, bracket and numbers “except the one found valid under clause (3a) of Article 14” were substituted for the words and comma “except the one received first by the Returning Officer or the Assistant Returning Officer, as the case may be” by section 5(c) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "58 Clause (6a) was inserted by section 3 of the Representation of the People (Second Amendment) Ordinance, 1986 (Ordinance No. XVII of 1986)", "59 The words, brackets and letter “or received by the Assistant Returning Officer and forwarded to him under clause (6a)” were inserted by section 3 of the Representation of the People (Second Amendment) Ordinance, 1986 (Ordinance No. XVII of 1986)", "60 Article 13A was inserted by section 2 of the Representation of the People (Third Amendment) Ordinance, 1986 (Ordinance No. XVIII of 1986)", "61 The word “three” was substituted for the word “five” by section 7 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "62 Clause (2) was omitted by section 7 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "63 The word “three” was substituted for the word “five” by section 7 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "64 The words “a sum of taka twenty thousand is deposited in cash or by bank draft or pay order or treasury challan in favour of the Election Commission” were substituted for the words “a sum of Taka ten thousand is deposited in cash” by section 6 of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "65 Sub-clause (b) was substituted by section 4 of the Representation of the People (Second Amendment) Ordinance, 1986 (Ordinance No. XVII of 1986)", "66 The words and figure “delivered of forwarded to him under Article 12” were substituted for the words “delivered to him” by section 5 of the Representation of the People (Second Amendment) Ordinance, 1986 (Ordinance No. XVII of 1986)", "67 Clause (3a) was inserted by section 7 of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "68 The comma (,) after the word “it” was omitted by section 8 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "69 The comma (,) after the word “shall” and the words and comma “in the case of rejection,” were omitted by section 8 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "70 Clause (5) was substituted by section 8 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "71 The words “the decision of the Returning Officer on \" were substituted for the words “rejection of \" by section 4 of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "72 Article 16 was substituted by section 8 of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "73 The words, figures, bracket and comma “or if his candidature is cancelled under clause (2) of Article 91E,” were inserted after the word and comma “dies,” by section 9 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "74 The colon (:) was substituted for the full-stop(.) at the end of clause (2) and thereafter the proviso was inserted by section 8 of Representation of the People Order (Amendment) Act, 1994 (Act. No. XXIII of 1994).", "75 Clauses (a) and (aa) were substituted for previous clause (a) by section 6 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "76 The colon (:) was substituted for the semi-colon (;) and therafter the proviso was inserted by section 10 of the Representation of the People (Amendment) Ordinance, 2008 (Ord. No. 42 of 2008).", "77 The words “in the case of independent” were substituted for the words “in the case of other” by section 10 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "78 The word “and” was inserted after semi-colon “;” at the end of sub-clauses (aa) by section 10 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "79 The full stop (.) was substituted for the semi-colon (;) at the end and the word “and” was omitted by section 10 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "80 Sub-clause (c) and 1st, 2nd and 3rd provisos were omitted by section 10 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "81 Clause (1) was substituted by section 11 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "82 Clause (3) was inserted by section 7 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "83 The colon (:) was substituted for the full-stop (.) and thereafter the provisos were inserted by section 8 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "84 Article 25 was substituted by section 5 of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "85 The words “or by using EVM or by both” were inserted after the words “secret ballot” by section 4 of the Representation of the People (Amendment) Act, 2019 (Act No 4 of 2019).", "86 Article 26A, 26B, 26C and 26D were inserted after Article 26 by section 5 of the Representation of the People (Amendment) Act, 2019 (Act No 4 of 2019).", "87 Clause (1) was substituted by section 12 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "88 The word, bracket and letter “and (c)” was inserted after the words, bracket and letter “sub clause (a)” by section 9 of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "89 Sub-clause (aa) was substituted by section 10 of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "90 The words “with his own seal and signature and with the seals or signatures of the contesting candidates or election agents or polling agents present who may wish to seal or sign it” were inserted by section 9 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "91 Clauses (b) and (bb) were substituted for previous clause (b) by section 10 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "92 Clauses (1), (1A) and (1B) were substituted for former clause (1) by section 10 of the Representation of the People (Amendment) Act, 1994 (Act No. XXIII of 1994)", "93 The words “the electoral roll” were substituted for the words “his identity card” by section 13 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "94 The words “or allow him to cast his vote by using EVM” were added after the words “a ballot paper” by section 6 of the Representation of the People (Amendment) Act, 2019 (Act No 4 of 2019).", "95 Clauses (1A) and (1B) were omitted by section 13 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "96 Sub-clause (d) was substituted by section 6 of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "97 The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (f) was added by section 2 of the Representation of the People (Amendment) Ordinance, 1978 (Ordinance No. XLIII of 1978)", "98 Sub-clauses (a) and (aa) were substituted for former sub-clause (a) by section 2 of the Representation of the People (Amendment) Ordinance, 1978 (XLIII of 1978)", "99 The words “or polling agents” were inserted by section 11 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "100 Clause (8) was omitted by section 13 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "101 The words “election agent or” were inserted by section 12 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "102 The words and comma “election agents, polling agents and election observers shall be allowed to remain” were substituted for the words “their election agents and polling agents shall be” by section 13 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "103 Paragraph (i) was substituted by section 7(a) of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "104 The words \"upon the request in writing \" were substituted for the words \"upon the request \" by section 14 of the Representation of the People (Amendment) Ordinance, 2008 (Ord. No. 42 of 2008).", "105 The commas and words “, in both words and figures,” were inserted by section 13 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "106 Clause (11) was substituted by section 13 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "107 The commas and words “, on application,\" were omitted by section 7(b) of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "108 Sub-clause (gg) was added by section 11 of the Representation of the People (Amendment) Act, 1994 (Act No. XXIII of 1994)", "109 Clause (13) was substituted by section 13 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "110 The comma (,) was substituted for the full-stop (.) and thereafter the words and full-stop (.) “and shall also send a copy of the statement of the count to the Commission by post.” were added by section 13 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "111 The words and figure “as a result of consolidation under Article 37 or drawal of lot under Article 38” were added by section 14 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "112 CHAPTER IIIA was inserted by section 3 of the Representation of the People (Amendment) Ordinance, 1985 (Ordinance No. IV of 1985).", "113 Article 44BB was inserted by section 4 of the Representation of the People (Amendment) Act, 1996 (Act No. XIII of 1996)", "114 The words and commas “At the time of submitting the nomination paper, every contesting candidate shall submit to the Returning Officer,” were substituted for the words and commas “Every contesting candidate shall submit to the Returning Officer, within seven days next followings the withdrawal day,” by section 15 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "115 The colon (:) was substituted for the full stop (.) at the end and thereafter the proviso was added by section 15 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "116 The commas and words “, if he is an income tax assessee,\" were omitted by section 8 of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "117 The words, figures and bracket “with the return under clause (1) of Article 44C” were substituted for the words “within three days after receipt of such sum” by section 15 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "118 Sub-clause (i) was omitted by section 17 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001", "119 Clauses (3) and (3A) were substituted for former clause (3) by section 3 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "120 Clause (3) was substituted by section 17 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "121 The words “fifteen lakh” were substituted for the words “five lakh” by section 16 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009).", "122 The words “twenty five” were substituted for the word “fifteen” by section 11 of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "123 The colon (:) was substituted for the full stop (.) at the end and thereafter the proviso was inserted by section 16 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009).", "124 Sub-clause (aa) was inserted by section 17 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "125 Sub-clauses (b) and (c) were omitted by section 16 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "126 Sub-clauses (h) and (hh) were substituted for former sub-clause (h) by section 17 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "127 Sub-clause (ii) was inserted by section 17 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "128 The semi-colon (;) and word “; or” were substituted for the full-stop (.) and thereafter sub-clause (m) was added by section 12 of the Representation of the People (Amendment) Act, 1994 (XXIII of 1994)", "129 The semi-colon (;) and word “; or” were substituted for the full-stop (.) and thereafter sub-clause (n) was inserted by section 16(d) of Representation of the People (Amendment) Act, 2009 (Act No.XIII of 2009)(with effect from 19th August,2008)", "130 Clause (n) was inserted by section 16 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "131 Clause (3B) was inserted by section 17 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "132 The words “seven days” were substituted for the words “fourteen days” by section 3 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "133 The words “one hundred” were substituted for the words “five hundred” by section 3 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "134 The words “thirty days” were substituted for words “fifteen days” by section 17 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009).", "135 The words “each day” were inserted by section 3 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "136 Sub-clause (aa) was inserted by section 5 of the Representation of the People (Amendment) Act, 1996 (Act No. XIII of 1996)", "137 Sub-clause (e) was substituted by section 4 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "138 Clause (3) was inserted by section 4 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "139 Articles 44CC and 44CCC were inserted by section 18 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001).", "140 The words “taka five thousand” were substituted for words “taka one thousand” by section 18 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "141 The words “taka four crore and fifty lakh” were substituted for words “taka one hundred and fifty lakh” by section 18 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "142 The words “taka three crore” were substituted for words and comma “taka one hundred lakh” by section 18 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "143 The words “more than fifty but not more than one hundred, taka one crore and fifty lakh” were substituted for the words “not more than one hundred taka seventy five lakh” by section 18 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "144 The comma (,) was substituted for the full stop (.) at the end and thereafter sub-clause (d) was added by section 18 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "145 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 12 of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "146 The words “taka twenty thousand” were substituted for the words “taka one thousand” by section 18 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "147 The words and commas “Commission, for its scrutiny, within ninety days” were substituted for the words and commas “Returning Officers concerned, for their scrutiny, within sixty days” by section 19 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "148 The words and figure “Every statement submitted under clause (1) shall be certified to be correct and complete by the secretary to the party, showing” were substituted for the words and commas “Every political party shall furnish to the commission a separate statement, certified to be correct and complete by the secretary to the party, showing” by section 19 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "149 Clause (4) was omitted by section 19 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "150 Clause (5) was added by section 19 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "151 Article 44D was substituted by section 20 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009).", "152 CHAPTER IIIB was inserted by section 13 of the Representation of the People (Amendment) Act, 1994 (Act No. XXIII of 1994).", "153 Sub-clause (a) was omitted by section 21 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "154 Sub-clause (aa) and (aaa) were substituted for the sub-clause (aa) by section 13(a)(i) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "155 The words and comma “division, district or metropolitan area” were substituted for the word “district” by section 13(a)(ii) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "156 Clause (2) was substituted by section 13(b) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "157 Article 49 was substituted by section 19 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "158 The words “taka five thousand” were substituted for the words “Taka two thousand” by section 14 of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "159 The full-stop (.) was substituted for comma (,) at the end of clause (b) by section 20 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "160 The words and full-stop “and shall serve personally or by registered post on each such respondent a copy of his petition.” were omitted by section 20 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "161 Clauses (5) and (6) were inserted by section 3 of the Representation of People (Amendment) Act, 1981 (Act No. XVI of 1981)", "162 The word “presented” was substituted for the word “referred” by section 22 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "163 The full-stop (.) was substituted for colon (:) by section 22 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "164 The proviso was omitted by section 22 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "165 The words and figure “Article 49 or” were inserted by section 23 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "166 Clause (3) was substituted by section 27 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "167 Sub-clause (e) was added by section 15 of the Representation of the People (Amendment) Act, 1994 (Act No. XXIII of 1994)", "168 Article 67 was substituted by section 29 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "169 Clause (1) was substituted by section 30 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "170 Clause (2) was substituted by section 31 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "171 The words and comma “rigorous imprisonment for a term which may extend to seven years and shall not be less than two years, and also with fine” were substituted for the words and comma “imprisonment for a term which may extend to two years, or with fine which may extend to Taka one thousand or with both” by section 7 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "172 Clause (1) was omitted by section 7 of the Representation of the People (Second Amendment) Ordinance, 1978 (Ordinance No. L of 1978)", "173 Clauses (2), (2A) and (2B were substituted for former the clauses (2) and (2A) by section 7 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "174 The words and comma “punishable with rigorous imprisonment for a term which may extend to seven years and shall not be less than two years, and also with fine” were substituted for the words “punishable with fine which may extend to Taka five hundred” by section 8 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "175 Clause (1) was omitted by section 8 of the Representation of the People (Second Amendment) Ordinance, 1978 (Ordinance No. L of 1978)", "176 Clause (2) was substituted by section 5 of the Representation of the People (Amendment) Ordinance, 1985 (Ordinance No. IV of 1985)", "177 The figures, letters and word “44AA or” was inserted by section 8 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991", "178 The words “during the period beginning at forty-eight hours prior to start of the poll and ending at forty-eight hours after conclusion of the poll” were substituted for the words “during a period of forty-eight hours ending at midnight following the conclusion of the poll” by section 22 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "179 Clause (1A) was inserted by section 16 of the Representation of the People (Amendment) Act, 1994 (Act No. XXIII of 1994)", "180 The words, numbers and bracket “the provisions of clause (1) or clause (1A)\" were substituted for the words, number and bracket “the provisions of clause (1)\" by section 9 of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "181 The words and comma “rigorous imprisonment for a term which may extend to seven years and shall not be less than two years, and also with fine” were substituted for the words “rigorous imprisonment which may extend to six months or with fine which may extend to Taka one thousand or with both ” by section 9 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "182 The words “punishable with imprisonment for a term which may extend to three years and shall not be less than six months, and also with fine” were substituted for the words “punishable with fine which may extend to Taka two hundred and fifty” by section 10 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "183 The words and comma “three years and shall not be less than six months, and also with fine” were substituted for the words and commas “three months, or with fine which may extend to Taka two hundred and fifty, or with both” by section 11 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "184 The words and comma “rigorous imprisonment for a term which may extend to ten years and shall not be less than three years, and also with fine” were substituted for the words and commas “imprisonment for a term which may extend to six months, or with fine which may extend to Taka five hundred, or with both” by section 12 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991).", "185 The words “seven years” were substituted for the words “ten years” by section 23 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "186 Sub-clause (bb) was inserted by section 23 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "187 Sub-clause (cc) was inserted after sub-clause (c) by section 7 of the Representation of the People (Amendment) Act, 2019 (Act No 4 of 2019).", "188 The semi-colon (;) was substituted for the full-stop(.) and thereafter sub-clause (f) was added by section 34 of the Representation of the (Amendment) Act,2001 (Act No. LVII of 2001)", "189 The words and comma “rigorous imprisonment for a term which may extend to ten years and shall not be less than three years, and also with fine” were substituted for the words and commas “imprisonment for a term which may extend to six months, or with fine which may extend to Taka five hundred, or with both” by section 12 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "190 The words and comma “five years and shall not be less than one year, and also with fine” were substituted for the words and commas “six months, or with fine which may extend to Taka five hundred, or with both” by section 13 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "191 The words and comma “five years and shall not be less than one year, and also with fine” were substituted for the words and commas “six months, or with fine which may extend to Taka five hundred, or with both” by section 14 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "192 The words and comma “five years and shall not be less than one year, and also with fine” were substituted for the words and commas “six months, or with fine which may extend to Taka five hundred, or with both” by section 15 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "193 Article 84A was inserted by section 10 of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "194 The words and commas “with imprisonment for a term which may extend to one year, or with fine which may extend to Taka five thousand, or with both” were substituted for the words “with fine which may extend to Taka five hundred” by section 16 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "195 The words and comma “five years and shall not be less than one year, and also with fine” were substituted for the words and commas “two years, or with fine which may extend to Taka one thousand, or with both” by section 17 of the Representation of the People (Amendment) Act, 1991 (Act No. X of 1991)", "196 Article 87 was substituted by section 35 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "197 The bracket, number and comma “ (4),” was inserted after the word, number, bracket and comma“Article 73(2B),” by section 15 of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "198 Article 87A was inserted by section 36 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "199 Sub-clause (d) was omitted by section 24 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009).", "200 Article 89A was inserted by section 37 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "201 The word, numbers, brackets and commas “ Article 73(2B), 74(2A), (3), (4), (5), (6),” were substituted for the words and number “Article 73 for personation” by section 16 of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "202 CHAPTER VIA was substituted by section 25 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009).", "203 The comma and word “,functional” was substituted for the bracket, words and comma “(as a base for the organizing structure of the party in various administrative level in the country, effective)” by section 17(a) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "204 The word “in” was substituted for the word “and” by section 17(a) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "205 The word, bracket and letter “sub-clause (a)” was substituted for the word, bracket and number “clause (1)” by section 17(b) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "206 The number “2030\" was substituted for the number “2020\" by section 11 of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "207 The words \" consisting of \" were substituted for the words \" consisting to \" by section 2 of the Representation of the People Order (Amendment) Act, 2009 (Act. No. LXIV of 2009) (with effect from 25th July, 2009).", "208 The words “within twelve months” were substituted for the words “within six months” by section 3 of the Representation of the People Order (Amendment) Act, 2009 (Act. No. LXIV of 2009) (with effect from 25th July, 2009).", "209 The number and words “30 (thirty) days from the date of application for registration \" were substituted for the words “twelve months from the date of first sitting of ninth parliament \" by section 12 of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "210 The word “ten” was substituted for the word “five” by section 18(a) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "211 The word “fifty” was substituted for the words “twenty five” by section 18(b) of the Representation of the People (Amendment) Act, 2013 (Act No. LI of 2013).", "212 The words,brackets, numbers and letters \"clause (1)(b)of Article 90B\" were substituted for the words, brackets, numbers and letters \" clause (2) of Article 90B by section 4 of Representation of the People (Second Amendment) Act, 2009 (Act No. LXIV of 2009) (with effect from 25th July, 2009).", "213 The words “for three consecutive years” were substituted for the words “for consecutive years” by section 5(a) of Representation of the People (Second Amendment) Act, 2009 (Act No. LXIV of 2009)( with effect from 25th July, 2009).", "214 The words, brackets and figures “clause (1) (b) of Article 90B” were substituted for the words, brackets and figures “clause (2) or (4) of Article 90B” by section 5 of Representation of the People (Second Amendment) Act, 2009 (Act No. LXIV of 2009)(with effect from 25th July, 2009).", "215 The word “or” at the end of sub-clause (d) was omitted by section 5 of Representation of the People (Second Amendment) Act, 2009 (Act No. LXIV of 2009) (with effect from 25th July, 2009).", "216 The semi-colon (;) and the word “or” were substituted for the full stop (.) at the end of sub-clause (e) and thereafter Sub-clause (f) was added by section 5 of Representation of the People (Second Amendment) Act, 2009 (Act No. LXIV of 2009)(with effect from 25th July, 2009).", "217 The words, brackets and comma “sub-clauses (c), (d), (e) and (f)” were substituted for the words, brackets and commas “clauses (c), (d) and (e)” by section 5(b) of Representation of the People (Second Amendment) Act, 2009 (Act No. LXIV of 2009)(with effect from 25th July, 2009).", "218 Article 91B was inserted by section 7 of the Representation of the People (Amendment) Act, 1996 (Act No. XIII of 1996)", "219 Articles 91 and 91A were substituted for former Article 91 by section 17 of the Representation of the People (Amendment) Act, 1994 (Act No. XXIII of 1994)", "220 The marginal note “Commission to ensure fair election, etc.-” were omitted by section 40 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "221 The words and commas “or entire constituency, as the case may be,” were inserted after the words “polling station” by section 26 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "222 The word “polling\" was substituted for the word “election\" by section 13(a) of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "223 The word “polling\" was substituted for the word “election\" by section 13(a) of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "224 The word “polling\" was substituted for the word “election\" by section 13(a) of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "225 Sub-clause (aa) was inserted by section 13(b) of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "226 The marginal note “Prevention and Control pre-poll irregularities:” were omitted by section 41 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "227 The marginal note “Constitution of Committee:” were omitted by section 41 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "228 The marginal note “Functions of the Committee:” were omitted by section 41 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "229 The words and commas “any pre-poll irregularity including any situation or matter which, in its opinion, may involve” were substituted for the words “which may involve” by section 6 of the Representation of the People (Amendment) Act, 1996 (Act No. XIII of 1996)", "230 The marginal note “Inquiry by Committee:” were omitted by section 41 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "231 The marginal note “Powers of Committee:” were omitted by section 41 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "232 Clause (6) was substituted by section 27 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "233 The words “twenty thousand taka” were substituted for the word and figure “Tk. 5000” by section 41 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "234 Clauses (6a), (6b) and (6c) were inserted by section 27 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "235 Articles 91C and 91D were inserted by section 42 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "236 Article 91E was inserted by section 28 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008).", "237 The symbol “:\" was substituted for the symbol “.” by section 14 of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "238 Proviso was inserted by section 14 of the Representation of the People (Amendment) Act, 2023 (Act No XVII of 2023).", "239 Article 93A was inserted by section 2 of the Representation of the People (Second Amendment) Ordinance, 1978 (Ordinance No. LII of 1978)", "240 Article 94 was substituted by section 43 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001)", "241 Article 94A was inserted by section 29 of Representation of the People Order (Amendment) Act, 2009 (Act. No. XIII of 2009) (with effect from 19th August, 2008)." ], "name": "The Representation of the People Order, 1972 (President's Order)", "num_of_sections": 126, "published_date": "26th December, 1972", "related_act": [ 454, 518, 75, 1005, 435, 1429, 86, 24, 1434, 702 ], "repelled": false, "sections": [ { "act_id": 424, "details": "1. (1) This Order may be called the Representation of the People 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": 424, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- (i) “ballot paper account” means a ballot paper account prepared under clause (10) of Article 36; 2 (ia) “ballot paper book” means a book containing ballot papers from which ballot papers are issued to electors;  (ii) “candidate” means a person proposed as a candidate for election as a member; 3 (iia) “Code of Conduct” means the Code of Conduct formulated under Article 91B; 4 (iii) “Commission” means the Election Commission within the meaning of the Constitution; (iv) “Constituency” means a constituency delimited for the purpose of election of a member; (v) “Constitution” means the Constitution of the People's Republic of Bangladesh; 5 (vi) “contesting candidate\" means a candidate who has been validly nominated for election as a member and whose candidature has not been either withdrawn under clause (1) or ceased under clause (2) of Article 16; (vii) “election” means election to a seat of a member held under this Order; (viii) “election agent” means an election agent appointed by a candidate under Article 21 and, where no such appointment is made, the candidate acting as his own election agent; 6 (viiia) “election expenses” means the election expenses as defined in Article 44A; (viiib) “election observer” means a person permitted in writing by the Commission or by any person authorised by it in this behalf to observe any election under this Order, and includes a group of such observers; (ix) “election petition” means an election petition made under Article 49; (x) “elector” in relation to a constituency, means a person who is enrolled on the electoral roll in that constituency; 7 (xi) \"electoral roll\" means the final electoral roll prepared under 8 ভোটার তালিকা আইন, ২০০৯ (২০০৯ সনের ৬নং আইন); 9 *** 10 (xia1) “Electronic Voting Machine” or “EVM” means an electronic voting machine approved by the Commission under Article 26B; 11 (xiaa) \"law enforcing agency\" means any Police Force, Armed Police Battalion, Rapid Action Battalion, Ansar Force, Battalion Ansar, 12 Border Guard Bangladesh and Coast Guard Force ; (xii) “member” means a member of Parliament; (xiii) “nomination day” means the day appointed under Article 11 for the nomination of candidates; (xiv) “Parliament” means Parliament for Bangladesh as defined in Article 152 of the Constitution; 13 (xiva) “political party” means a political party as defined in article 152(1) of the Constitution;  (xv) “polling agent” means a polling agent appointed under Article 22; (xvi) “polling day” means the day on which poll is taken for an election; (xvii) “polling officer” means a polling officer appointed under Article 9 for a polling station; (xviii) “prescribed” means prescribed by rules made under this Order; (xix) “Presiding Officer” means a Presiding Officer appointed under Article 9 for a polling station and includes an Assistant Presiding Officer exercising the powers and performing the functions of Presiding Officer; 14 (xixa) “registered political party” means a political party registered under Article 90A; (xx) “returned candidate” means a candidate who has been declared elected as a member under this Order; (xxi) “Returning Officer” means a Returning Officer appointed under Article 7 and includes an Assistant Returning Officer exercising the powers and performing the functions of Returning Officer; 15 (xxia) “rule” means any rule made under this Order; (xxii) “scrutiny day” means the day appointed under Article 11 for the scrutiny of nomination papers; (xxiii) “spoilt ballot paper” means a ballot paper which has been spoiled and is returned to the Presiding Officer under Article 34; 16 (xxiiia) “statutory public authority” means a statutory public authority as defined in article 152 (1) of the Constitution; 17 (xxiv) \"ward\" means a ward of a Union, Paurashava or City Corporation; (xxv) “withdrawal day” means the day appointed under Article 11 on or before which candidature may be withdrawn.", "name": "", "related_acts": "1005", "section_id": 2 }, { "act_id": 424, "details": "18193. The Election Commission shall be constituted in accordance with Article 118 of the Constitution.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 424, "details": "3A. Subject to the provisions of this Order, the Commission shall regulate its own procedure.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 424, "details": "4. The Commission may authorise 20the Chief Election Commissioner or any of the Election Commissioners or any of its officers to exercise and perform all or any of its powers and functions under this Order.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 424, "details": "5. (1) The Commission may require any person or authority to perform such function or render such assistance for the purposes of this Order as it may direct. (2) All executive authorities of the Government shall assist the Commission in the performance of its functions, and for this purpose the President may, after consultation with the Commission, issue such directions as he may consider necessary.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 424, "details": "6. (1) The Government or an Officer authorised by it in this behalf, may upon a request made in this behalf by the Commission, by an order in writing, requisition any such vehicle or vessel as is needed or is likely to be needed for the purpose of transporting to and from any polling station ballot boxes or other election materials or any Officer or other person engaged for the performance of any duties in connection with the election: Provided that no vehicle or vessel which is being used by a candidate or his election agent for any purpose connected with the election of such candidate shall be so requisitioned.  (2) Any person authorised in this behalf by the Government may take possession of any vehicle or vessel requisitioned under clause (1) and may for that purpose use such force including police force, as may be reasonably necessary.  (3) Where any vehicle or vessel is requisitioned under clause (1), there shall be paid to the owner thereof compensation the amount of which shall be determined by the Government or the officer requisitioning the vehicle or vessel on the basis of the fares and rates prevailing in the locality for its hire:  Provided that where the owner of the vehicle or vessel being aggrieved by the amount of compensation so determined, makes an application to the Government within period of thirty days from the date the amount has been determined for the matter being referred to an arbitrator the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Government may determine.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 424, "details": "217. 22* * * (1) The Commission shall appoint a Returning Officer for each constituency for the purpose of election of a member for that constituency; and a person may be appointed as Returning Officer for two or more constituencies. (2) The Commission may appoint as many Assistant Returning Officers as may be necessary: Provided that no Assistant Returning Officer shall be appointed for more than one constituency. (3) An Assistant Returning Officer shall assist the Returning Officer in the performance of his functions under this Order and may, subject to any condition imposed by the Commission, exercise and perform, under the control of the Returning Officer, the power and functions of the Returning Officer. (4) It shall be the duty of a Returning Officer to do all such acts and things as may be necessary for effectively conducting an election in accordance with the provisions of this Order and the rules.  (5) Subject to the superintendance, direction, and control of the Commission, the Returning Officer shall supervise all work in the district 23or constituency in connection with the conduct of elections and shall also perform such other duties and functions as may be entrusted to him by the Commission. (6) The Commission may, at any time, for reasons to be recorded in writing, withdraw any officer performing any duty in connection with an election, or any other public functionary, or any other law enforcing personnel who obstructs or prevents or attempts to obstruct or prevent the conduct of fair and impartial poll or interferes or attempts to interfere with an elector when he records his vote, or influences in any manner the polling staff or an elector or does any other act calculated to influence the result of election, and make such arrangements as it may consider necessary for the performance of the functions of the officer or person so withdrawn. 24(7) Where the Commission withdraws any officer or person under clause (6), it- (a) may, if such officer or person is working in any polling station or constituency, direct him to leave the polling station or the constituency at once; (b) shall, in case of a direction under sub-clause (a), direct such officer or person to remain out of the constituency for the period specified in the direction, and accordingly he shall comply with the direction, and if he is required to perform any official duty only in that constituency, his appointing authority shall make arrangement for his leave or otherwise; (c) shall refer the matter to the appropriate authority for taking disciplinary and other actions in relation to such officer or person.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 424, "details": "8. 25(1) The Commission shall maintain a list of polling stations for the purpose of election of a member for every constituency. (2) 26The Commission may make such alterations in the list of polling stations as it may consider necessary and shall, at least twenty five days before the polling day, publish in the official Gazette, the final list of polling stations specifying the area the electors whereof will be entitled to vote at each polling station. (3) The Returning Officer shall provide each constituency with polling stations according to the final list published under clause (2). (4) No polling station shall be located in any such premises as belong to, or are under the control of, any candidate. 27(5) At any time after the finalization of candidature, if it is found that any polling station published in the Official Gazette under clause (2), belongs to, or is under the control of any candidate, the Commission may alter such polling station.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 424, "details": "9. 28(1) The returning Officer shall, by a notice in writing, require all heads of offices, institutions and establishments, whether Government or non-Government, in the district to provide him with a list of their officers and employees of such grades as he may specify for preparation of a panel of Presiding Officers, Assistant Presiding Officers and Polling Officers from among them. (1A) After the preparation of the panel, the Returning Officer shall send a copy thereof to the heads of all the offices, institutions and establishments whose officers and employees have been included in the panel with a request to place the service of these officers and employees at the disposal of the Commission for use for election purpose and also forward a copy of the panel to the Commission. (1B) The Returning Officer shall appoint from the panel for each polling station a Presiding Officer and such number of Assistant Presiding Officers and Polling Officers to assist the Presiding Officers as the Returning Officer may consider necessary: Provided that a person who is, or has at any time been, in the employment of any candidate shall not be appointed as a Presiding Officer, Assistant Presiding Officer or Polling Officer. (2) A Presiding Officer shall conduct the poll in accordance with the provisions of this Order, and the rules, shall be responsible for maintaining order at the polling station and shall report to the Returning Officer any fact or incident which may, in his opinion, affect the fairness of the poll: Provided that during the course of the poll the Presiding Officer may entrust such of his functions as may be specified by him to any Assistant Presiding Officer and it shall be the duty of the Assistant Presiding Officer to perform the functions so entrusted. (3) The Returning Officer shall authorise one of the Assistant Presiding Officers to act in place of the Presiding Officer if the Presiding Officer is, at any time during the poll, by reason of illness or other cause, not present at the polling station, or is unable to perform his functions; and any absence of the Presiding Officer, and the reasons therefor, shall, as soon as possible after the close of the poll, be reported to the Returning Officer. (4) The Returning Officer may, at any time during the poll for reasons to be recorded in writing, suspend any Presiding Officer, Assistant Presiding Officer, Polling Officer and make such arrangements as he may consider necessary for the performance of the functions of the officer so suspended.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 424, "details": "10. (1) The Commission shall provide the Returning Officer for each constituency with copies of electoral rolls for that constituency 29immediately after the publication of notification under clause (1) of Article 11. (2) The Returning Officer shall provide the Presiding Officer of each polling station with copies of electoral rolls containing the names of the electors entitled to vote at that polling station.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 424, "details": "11. (1) For the purpose of holding elections for constituting Parliament, the Commission shall, by notification in the official Gazette, call upon the electors to elect a member from each constituency and shall, in relation to each constituency, specify in the notification- 30(a) \ta day on or before which the nomination of candidates may be filed; (b)\ta day 31or days for the scrutiny of nomination papers; (c)\ta day on or before which candidature may be withdrawn; and (d)\ta day 32or days, at least fifteen days after the withdrawal day, for the taking of the poll. (2) A Returning Officer shall, as soon as may be after the publication of a notification under clause (1), give public notice of the dates specified by the Commission in respect of the constituency or constituencies of which he is the Returning Officer; and the public notice shall be published at some prominent place or places within the constituency to which it relates. (3) A public notice issued under clause (2) shall also invite nominations and specify the time before which and the place at which nomination papers shall be received by the Returning Officer 33or the Assistant Returning Officer.", "name": "", "related_acts": "", "section_id": 12 }, { "act_id": 424, "details": "12. 34(1) Any elector of a constituency may propose or second for election to that constituency, the name of any person qualified to be a member under clause (1) of Article 66 of the Constitution:  Provided that a person shall be disqualified for election as or for being, a member, if he-  (a) is not listed in the electoral roll of any constituency;  (b) is not nominated by any registered political party or is not an independent candidate;  (c) is a person holding any office of profit in the service of the Republic or of a statutory public authority;  (d) is a person who is convicted of an offence punishable under Article 73, 74, 78, 79, 80, 81, 82, 83, 84 and 86 and sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since the date of his release;  (e) is a person whose election to a seat is declared void on any of the grounds mentioned in sub-clauses (c), (d) and (e) of clause (1) of Article 63, unless a period of five years has elapsed since the date of such declaration;  (f) has resigned or retired from the service of the Republic or of any statutory public authority or of the defence service, unless a period of three years has elapsed since the date of his resignation or retirement;  (g) has been dismissed or removed or compulsorily retired from the service of the Republic or of any statutory public authority on the ground of corruption, unless a period of five years has elapsed since the date of such dismissal, removal or compulsory retirement;  (h) has been appointed on contract to the service of the Republic or of any statutory public authority or of the defence service immediately after his retirement from such service, unless a period of three years has elapsed since the expiry or termination of such contract;  (i) is holding or has resigned or retired or has been discharged from an executive post of any non-government organization, which receives grant or fund from any foreign state or organization, unless a period of three years has elapsed since such resignation retirement, or discharge;  35***  (k) whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not been a contract between a co-operative society and Government, for the supply of goods to, or for the execution of any contract or the performance of any services undertaken by Government;  (l) being a loanee, other than a loanee who has taken small loan for agricultural purposes, has defaulted in repaying before 36*** the day of submission of nomination paper any loan or instalment thereof taken by him from a bank;  (m) is a director of a company or a partner of a firm 37which has defaulted in repaying before 38*** the day of submission of nomination paper any loan or any instalment thereof taken by 39the concerned company or firm from a bank;  (n) personally has failed to pay the telephone, gas, electricity, water or any other bill of any service providing organization of the Government before 40*** the day of submission of nomination paper;  41(o) has been convicted of any crime under the International Crimes (Tribunals) Act, 1973 ( Act No. XIX of 1973). Explanation I.- “office of profit” means holding any office, post or position in the full-time service of the Republic or any statutory public authority or company in which government has more than 50% (fifty percent) share.  Explanation II.- The disqualification under sub-clause (k) shall not apply to a person  (i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him or such longer period as the president may, in any particular case allow; or  (ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Act, 1994 (Act No.XVIII of 1994), of which he is a share-holder but is neither a director holding an office of profit under the company nor a managing agent; or  (iii) where he is a member of Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest.  Explanation III.- “bank” means-  (a) any “bank company” as defined in Bank Company Act, 1991 (Act No.XIV of 1991);  42(b) Bangladesh Development Bank Limited incorporated under the Companies Act, 1994 (Act No. 18 of 1994);  43***  (d) “Bangladesh House Building Finance Corporation” established under Bangladesh House Building Finance Corporation Order, 1973 (P.O.No.17 of 1973);  (e) “Bangladesh Krishi Bank” established under Bangladesh Krishi Bank Order, 1973 (P.O.No. 27 of 1973);  (f) “Investment Corporation of Bangladesh” established under Investment Corporation of Bangladesh Ordinance, 1976 (Ord. No.XI of 1976);  (g) “Rajshahi Krishi Unnayan Bank” established under Rajshahi Krishi Unnayan Bank Ordinance, 1986 (Ord. No.LVIII of 1986);  (h) “Basic Bank Limited” (Bangladesh Small Industries and Commerce Bank Limited) established under Companies Act, 1994 (Act No.XVIII of 1994).  Explanation IV.- “small loan for agricultural purposes” means all crops loan excepting tea and tobacco and includes short-term loan for development of fishery and marketing of agricultural produce and long-term loan for irrigation equipment, animal husbandry, development of fishery, agricultural equipment, nursery and horticulture, betel-leaf plantation, management of Jalmahal and for the purpose of producing silk worm, tuth tree, lakhkha tree, catechu tree, etc. the amount of which shall not exceed taka one lakh aggregating with interest and capital against every loan.  Explanation V.- A person or a company or a firm shall be deemed to have defaulted in repaying a loan or an instalment thereof referred to in sub-clauses (l) and (m) of Article 12(1) if he or it is a defaulter within the meaning of the expression 'defaulter loanee' as defined in Bank-Company Act, 1991(Act 14 of 1991) and for financial institution, as defined by Bangladesh Bank under Financial Institution Act, 1993 (Act No. 27 of 1993). The list of defaulter may be obtained from CIB of Bangladesh Bank or from the concerned bank or financial institution.  Explanation VI.- \"financial institution\" means a non-banking financial institution as defined in Financial Institution Act, 1993 (Act No. 27 of 1993). Explanation VII.- 'chief executive' referred to in sub-clause (i) of Article 12(1) means a person holding full time post of a chief executive of any non-government organisation who receives monthly salary and other emoluments in that capacity.  44(1A) For the removal of doubts, it is hereby declared that, for the purposes of this Article, a person shall not be deemed to hold an office of profit in the service of the Republic or of a statutory public authority by reason only that he is an Administrator or a Deputy Administrator of a 45city Corporation or a 46Ward Commissioner. (2) Every proposal shall be made by a separate nomination paper in the prescribed form which shall be signed by the proposer and the seconder and shall contain-  (a) a declaration signed by the candidate that he has consented to the nomination and that he is not subject to any disqualification for being, or being elected as, a member; 47***  (b) a declaration signed by the proposer and the neither of them has subscribed to any other nomination paper either as proposer or seconder 48; and  49(c) a declaration signed by the candidtate that he is not a candidate for more than three constituencies.  50(3) Every nomination paper shall either be- (a) delivered by the candidate, or his proposer or seconder, to the Returning Officer or the Assistant Returning Officer who shall acknowledge the receipt of the nomination paper specifying the date and time of receipt; or (b) submitted through online by the candidate and receipt of such submission shall be acknowledged in such a manner as may be prescribed.” 51(3a) Every nomination paper under clause (2) shall be delivered along with the following documents, namely-  (a) in the case of an independent candidate, a list of signatures of one percent electors of the concerned constituency:  Provided that such list need not to be delivered if the independent candidate has previously been elected in any parliamentary election;  (b) a certificate signed by the chairman or secretary or a person holding the same rank on behalf of the registered political party stating that the candidate has been nominated by that party:  52Provided that any registered political party may primarily nominate more than one candidate and if more than one candidate are nominated, their candidature are subject to the provision of clause (2) of Article 16.  (3b) Every nomination paper under sub-clause (2) shall be delivered along with an affidavit signed by the candidate which shall include the following information and particulars, namely-  (a) an attested copy of the certificate of his highest educational qualification;  (b) whether at present he is accused of any criminal offence or not;  (c) whether he has any past criminal record, and, if any, the judgement of the case;  (d) description of his profession or business;  (e) probable sources of his income;  (f) a statement of property or debt of his own or his dependents;  (g) what promises he made before an election in which he was elected as a member in the past, and how many of those promises were fulfilled; 53***  (h) the amount of loan received by him alone, or jointly or by his dependents from any bank or financial institution, and the amount of loan received by him from any bank or financial institution as a Chairman, Managing Director or Director thereof 54; 55(i) a certified copy of return submitted under section 166 of আয়কর আইন, ২০২৩ (২০১৩ সনের ১২ নং আইন) and a proof of submission of return as required by section 264 of the said Act.  Explanation.- “dependent” means the wife or husband of a candidate and includes son, daughter, father, mother, brother or sister of the candidate who are fully dependent upon him.  (4) A person may be nominated in the same constituency by more than one nomination paper 56, and a nomination paper may be delivered to both the Returning Officer and the Assistant Returning Officer.  (5) If any person subscribes to more than one nomination paper, all such nomination papers, 57except the one found valid under clause (3a) of Article 14, shall be void.  (6) The Returning Officer shall give a serial number to every nomination paper and endorse thereon the name of the person presenting it, and the date and time of its receipt, and inform such person of the time and place at which he shall hold scrutiny.  58(6a) The Assistant Returning Officer shall give a serial number to every nomination paper and endorse thereon the name of the person presenting it, and the date and time of its receipt, and inform such person of the time and place at which the Returning Officer shall hold scrutiny, and immediately after the time for receiving nomination paper is over, forward all the nomination papers received by him to the Returning Officer.  (7) The Returning Officer shall cause to be affixed at some conspicuous place in his office a notice of every nomination paper received by him 59or received by the Assistant Returning Officer and forwarded to him under clause (6a) containing particulars of the candidate and the names of the proposer and seconder as shown in the nomination paper.", "name": "", "related_acts": "435,454,518,702,1429", "section_id": 13 }, { "act_id": 424, "details": "6013A. (1) Notwithstanding anything contained in the Order, no person may at the same time be a candidate for more than 61three constituencies.  62***  (3) If a person is at the same time a candidate for more than 63three constituencies, all his nomination papers in respect of all the constituencies shall be void.", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 424, "details": "13. (1) Subject to the provisions of clause (2), no nomination paper delivered under Article 12 shall be accepted unless- (a)\t64a sum of Taka twenty thousand is deposited in cash or by bank draft or pay order or treasury challan in favour of the Election Commission by the candidate or by any person on his behalf at the time of its delivery; or 65(b) \tit is accompanied by a receipt or a true copy thereof duly attested by a gazetted government servant showing that a sum as aforesaid has been deposited by the candidate or by any person on his behalf with the Returning Officer or the Assistant Returning Officer or at any Bank or at a Government Treasury or Sub-Treasury. (2) Not more than one deposit under clause (1) shall be required in the case of a person who has been nominated as a candidate by more than one nomination paper.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 424, "details": "14. (1) The candidates, their election agents, proposers and seconders, and one other person authorised in this behalf by each candidate may attend the scrutiny of nomination paper and the Returning Officer shall give them reasonable opportunity for examining all nomination papers 66delivered or forwarded to him under Article 12.  (2) The Returning Officer shall, in the presence of the persons attending the scrutiny under clause (1), examine the nomination papers and decide any objection raised by any such person to any nomination.  (3) The Returning Officer may, either of his own motion or upon any objection, conduct such summary enquiry as he may think fit and reject a nomination paper if he is satisfied that-  (a) the candidate is not qualified to be elected as a member;  (b) the proposer or the seconder is not qualified to subscribe to the nomination paper;  (c) any provision of Article 12 or Article 13 has not been complied with; or  (d) the signature of the proposer or the seconder is not genuine: Provided that-  (i) the rejection of a nomination paper shall not invalidate the nomination of a candidate by any other valid nomination paper;  (ii) the Returning Officer shall not reject a nomination paper on the ground of any defect which is not of a substantial nature and may allow any such defect to be remedied forthwith; and  (iii) the Returning Officer shall not enquire into the correctness or validity of any entry in the electoral roll.  67(3a) If any person subscribes to more than one nomination papers, all such nomination papers, except the one found valid, shall not be required to be scrutinized. (4) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting it 68*** and shall 69*** record a brief statement of the reason therefor.  70(5) If a candidate or any bank is aggrieved by the decision of the Returning Officer, he may prefer an appeal to the Commission within the prescribed period and any order passed on such appeal shall be final.", "name": "", "related_acts": "", "section_id": 16 }, { "act_id": 424, "details": "15. (1) The Returning Officer shall, after the scrutiny of nomination papers, prepare and publish in the prescribed manner a list of candidates who have been validly nominated.  (2) In case an appeal against 71the decision of the Returning Officer on a nomination paper has been accepted by the Commission, the list of validly nominated candidates shall be revised accordingly.", "name": "", "related_acts": "", "section_id": 17 }, { "act_id": 424, "details": "7216. (1) Any validly nominated candidate may, by notice in writing signed by him and delivered, on or before the withdrawal day, to the Returning Officer, either by such candidate in person or by an agent authorised in this behalf in writing by such candidate, withdraw his candidature. (2) Where more than one candidate are nominated in the same constituency by a registered political party, the chairman or secretary or a person holding the same rank of the party shall inform, by notice in writing signed by him and delivered, either by himself or by any other person authorized by him in this behalf on or before the withdrawal day, to the Returning Officer, about the final nomination of a candidate and the other candidate of that party shall be ceased to be a candidate.  (3) A notice of withdrawal under clause (1) or final nomination under clause (2), as the case may be, shall, in no circumstances, be open to recall or cancellation.  (4) Upon receipt of a notice of withdrawal under clause (1) and final nomination under clause (2), the Returning Officer shall, if he is satisfied that the signature on the notice is that of the candidate or of the chairman or secretary or person holding the same rank of the party, as the case may be, cause a photocopy of the notice to be affixed at some conspicuous place in his office.  (5) The Returning Officer shall, on the day next following the withdrawal day prepare and publish, in the prescribed manner, a list of contesting candidates.", "name": "", "related_acts": "", "section_id": 18 }, { "act_id": 424, "details": "17. (1) If a validly nominated candidate who has not withdrawn his candidature dies, 73or if his candidature is cancelled under clause (2) of Article 91E, the Returning Officer shall, by public notice, terminate the proceedings relating to that election. (2) Where proceedings relating to an election have been terminated under clause (1), fresh proceedings shall be commenced in accordance with the provisions of this Order as if for a new election 74: Provided that it shall not be necessary for the other contesting candidates to file fresh nomination papers or make a further deposit under Article 13.", "name": "", "related_acts": "", "section_id": 19 }, { "act_id": 424, "details": "18. Where the proceedings relating to nomination, scrutiny or withdrawal cannot, for reasons beyond the control of the Returning Officer, take place on the day appointed therefor, he may postpone or adjourn such proceedings and shall, with the approval of the Commission, by public notice fix another day for the proceedings so postponed or adjourned and, if necessary, also the day or days subsequent proceedings.", "name": "", "related_acts": "", "section_id": 20 }, { "act_id": 424, "details": "19. (1) Where, after scrutiny under Article 14, only one person remains as a validly nominated candidate for election as a member from a constituency or where after withdrawal under Article 16 only one person is left as a contesting candidate, the Returning Officer shall, by public notice, declare such candidate to be elected to the seat: Provided that if after scrutiny any candidate indicates that he intends to make an appeal under clause (5) of Article 14 against the rejection of his nomination paper, no person shall be declared elected uncontested until the period prescribed for filling such appeal has expired and no such appeal has been filed or, where an appeal is filed, until the disposal of such appeal. (2) The Returning Officer shall submit to the Commission a return of the election in respect of which he has made a declaration under clause (1). (3) The Commission shall publish in the official Gazette the name of the returned candidate.", "name": "", "related_acts": "", "section_id": 21 }, { "act_id": 424, "details": "20. (1) If there are more contesting candidates than one in respect of any constituency, the Returning Officer shall-  75(a) allocate, in the case of a contesting candidate set up by a registered political party, the symbol reserved for that party by the Commission under this Order or the rules 76:  Provided that the Commission may, on an application made to it in this behalf within three days after the publication of the notification under clause (1) of Article 11, allot one of the prescribed symbols to the candidate of a combination of two or more registered political parties who have agreed to set up joint candidates for election;  (aa) allocate, 77in the case of independent contesting candidates, subject to any direction of the Commission, one of the prescribed symbols to each such contesting candidate; and in so doing shall, so far as possible, have regard for any preference indicated by the candidate; 78and  (b) publish in such manner as the Commission may direct the names of contesting candidates arranged in the alphabetical order specifying against each the symbol allocated to him 79***  80***  (2) The Returning Officer shall arrange to exhibit prominently at each polling station the name and symbol of each contesting candidate.", "name": "", "related_acts": "", "section_id": 22 }, { "act_id": 424, "details": "21. (1) A candidate may appoint a person qualified to be elected as a member to be his election agent. (2) The appointment of an election agent may, at any time, be revoked in writing by the candidate and, when it is so revoked or the election agent dies, another person may be appointed by the candidate to be his election agent. (3) When an election agent is appointed, the candidate shall send to the Returning Officer a notice in writing of the appointment containing the name, father's name and address of the election agent. (4) Where no appointment of an election agent is made under this section, a candidate shall be deemed to be his own election agent and shall so far as the circumstances permit, be subject to the provisions of this Order both as a candidate and as an election agent.", "name": "", "related_acts": "", "section_id": 23 }, { "act_id": 424, "details": "22. 81(1) The contesting candidate or his election agent, may, before the commencement of the poll, appoint for each polling booth of a polling station not more than one polling agent and shall give notice thereof in writing to the Presiding Officer. (2) The appointment of a polling agent under clause (1) may at any time be revoked by the candidate or his election agent and, when it is so revoked or the polling agent dies, another person may be appointed by the candidate or the election agent to be a polling agent; and a notice of such appointment shall be given to the Presiding Officer. 82(3) The Presiding Officer shall not accept a polling agent unless he wears an identity card granted by the person appointing him containing his name and the name of the candidate for whom he is appointed as a polling agent.", "name": "", "related_acts": "", "section_id": 24 }, { "act_id": 424, "details": "23. Where any act or thing is authorised by this Order to be done in the presence of the candidate, an election agent or a polling agent, the failure of such person to attend at the time and place appointed for the purpose shall not invalidate any act or thing otherwise validly done 83: Provided that the Returning Officer or the Presiding Officer, as the case may be, shall, as far as practicable, endeavour to ensure the attendance of the said person at the time of doing the said act or thing: Provided further that, if a candidate or his election agent or polling agent is found absent at the time of doing the said act or thing, the Returning Officer or the Presiding Officer, as the case may be, shall immediately try to find out the reason of such absence and record the fact and communicate it to the Commission together with his comments thereon, and shall endeavour to ensure such attendance.", "name": "", "related_acts": "", "section_id": 25 }, { "act_id": 424, "details": "24. The Returning Officer shall, subject to any direction of the Commission, fix the hours during which the poll shall be taken and give public notice or the hours so fixed.", "name": "", "related_acts": "", "section_id": 26 }, { "act_id": 424, "details": "8425. (1) If the Presiding Officer finds at any stage of polling that—(a) the poll is so interrupted or obstructed for reason beyond the control of the Presiding Officer that it cannot be resumed during the polling hours fixed under Article 24; or(b) any ballot box used at the polling station is unlawfully and forcibly taken out of the custody of the Presiding Officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered to such extent that the result of the poll at the polling station cannot be ascertained; or(c) a person or persons legally or illegally entering into the polling station, prevent the Presiding Officer or other polling officers from performing their usual electoral duties by showing arms or applying physical force,he shall then forthwith stop polling, and inform the nearest members of law enforcing agencies about the incidents and shall ask for assistance to remove and arrest the said person or persons.(2) The members of law enforcing agencies shall at once remove and arrest the said person or persons and restore law and order inside the polling station.(3) If the members of law enforcing agencies fail to remove and arrest the said person or persons and restore law and order inside the polling station, the Presiding Officer shall stop the poll and leave the polling station with all his officers and report to the Returning Officer of the matter.(4) Where a poll has been stopped under clause (3), the Returning Officer shall immediately report the circumstances to the Commission and the Commission shall direct a fresh poll at that polling station, unless it is satisfied that the result of the election has been determined by the polling station, taken with the results of the polling at other polling stations in the same constituency.(5) Where the Commission orders a fresh poll under clause (4), the Returning Officer shall, with the approval of the Commission, fix a date and place for such fresh poll and shall give public notice thereof.(6) When a fresh poll to be taken under clause (5) at a polling station, all electors entitled to vote of that polling station shall be allowed to vote and no vote cast at the poll stopped under clause (3) shall be counted; and the provisions of this Order and the rules and orders made thereunder shall apply to such fresh poll.", "name": "", "related_acts": "", "section_id": 27 }, { "act_id": 424, "details": "26. An election under this Order shall be decided by secret ballot 85or by using EVM or by both and, subject to the provisions of Article 27, every elector shall cast his vote by inserting, in accordance with the provisions of this Order, in the ballot box, a ballot paper in the prescribed form.", "name": "", "related_acts": "", "section_id": 28 }, { "act_id": 424, "details": "8626A. (1) Notwithstanding anything contained in any other provision of this Order or rules made thereunder, to verify the identity of elector with reference to the electoral roll and to cast, record and count vote, EVM may be adopted in one or more or all polling stations of such constituency or constituencies as the Commission may, having regard to circumstances of each case, specify. (2) Where EVM is adopted under clause (1), the verification of identity of elector with reference to the electoral roll and the casting, recording and counting of votes by EVM shall be in such a manner as may be prescribed. (3) Any reference to the expression “ballot box” or “ballot paper” in this Order or any rules made thereunder shall, save as otherwise provided, be construed as including a reference to such EVM wherever such EVM is used.", "name": "", "related_acts": "", "section_id": 29 }, { "act_id": 424, "details": "26B. (1) The Commission may approve an EVM which- (a) is stand-alone non-networked; (b) is neither computer controlled nor connected to the internet or any network and cannot be hacked; (c) is electronically protected to prevent any tampering or manipulation; (d) cannot be altered or tampered when approved programme (software) is used; (e) does not have any radio frequency (RF) receiver and data decoder; (f) accepts only specially encrypted and dynamically coded data; (g) is developed by a selected group of Engineers appointed by the Commission; (h) ensures the secrecy and security of the source code of programme (software); (i) adopts the device or devices specified by the Commission; and (j) fulfils any other criteria specified by the Commission. (2) The Commission may approve a programme (software) which is so designed that- (a) it allows a voter to cast the vote only once; (b) the vote can be recorded by a voter only after the Assistant Presiding Officer enables the ballot on the Control Unit; (c) the next vote can be recorded only after the Assistant Presiding Officer enables the ballot; (d) the machine does not receive any signal from outside at any time; (e) the proper use of the programme would give the same result in the counting of votes in an election as would be obtained if the counting were conducted without EVM assistance; (f) the programme gives an elector an opportunity to correct any mistakes before processing the elector’s vote; (g) the programme will not allow a person to find out how a particular elector cast his or her vote; (h) the programme is designed to pause while the Presiding Officer makes a determination when it is required; (i) the programme can produce indicative distributions of candidate wise votes at any time after the close of the poll and before the declaration of the poll;  and  (j) any other criteria specified by the Commission is fulfiled. (3) The Commission shall determine processes which shall be followed in relation to the use of an approved programme in the casting and counting of votes in an election. (4) Subject to clause (3), the Commission may approve a process- (a) for casting vote shown on ballot paper into the approved programme. (b) for counting votes using the programme to work out the number of electronic ballot on which a vote is recorded for each candidate; and  (c) for verifying of identity of elector with reference to the electoral roll.", "name": "", "related_acts": "", "section_id": 30 }, { "act_id": 424, "details": "26C. (1) All electronic devices and programmes used or intended to be used for or in connection with EVM shall be kept secured from interference at all times in such a manner as may be prescribed. (2) The Commission shall prescribe security measures, procedural checks-and-balances for the prevention of any possible misuse or procedural lapses. (3) The safeguards prescribed under clause (1) shall be implemented by the Commission transparently with the active and documented involvement of candidates and their representatives at every stage, so as to build their confidence on efficacy and reliability of EVMs. (4) The Commission shall retain the chip of EVM in which electronic data is produced at a polling station for one year, and thereafter the Commission shall, unless otherwise directed by the High Court Division, cause them to be deleted or destroyed.", "name": "", "related_acts": "", "section_id": 31 }, { "act_id": 424, "details": "26D. The Commission may, for ensuring the accuracy, security and transparency of EVM, conduct Random Testing and Verification of EVM at any stage.”", "name": "", "related_acts": "", "section_id": 32 }, { "act_id": 424, "details": "27. 87 (1) The following person may cast their votes by postal ballot in such manner as may be prescribed, namely:¬- (a) a person referred to in sub-sections (3) and (5) of section 8 of the Electoral Rolls Act, 2009 (২০০৯ সনের ৬ নং আইন); (b) a person appointed for the performance of any duty in connection with an election at a polling station other than the one at which he is entitled to cast his vote; and (c) a Bangladeshi voter living abroad. (2) An elector who, being entitled to do so, intends to cast his vote by postal ballot shall- (a) in the case of a person referred to in sub clause (a) 88 and (c) of clause (1), within fifteen days from the date of the publication of the notification under Article 11, and (b) in the case of a person referred to in sub clause (b) of that clause as soon as may be after his appointment, apply to the Returning Officer of the constituency in which he is an elector for a ballot paper for voting by postal ballot; and every such application shall specify the name of the elector, his address and his serial number in the electoral roll. (3) The Returning Officer shall immediately upon the receipt of an application by an elector under clause (2) sent by post to such elector a ballot paper and an envelope bearing on its face a form of certificate of posting, showing the date thereof, to be filled in by the proper official of the Post Office at the time of posting by the elector. (4) An elector on receiving his ballot paper for voting by postal ballot shall in the prescribed manner record his vote and after so recording post the ballot paper to the Returning Officer in the envelope sent to him under clause (3) with minimum of delay.", "name": "", "related_acts": "", "section_id": 33 }, { "act_id": 424, "details": "28. (1) The Returning Officer shall provide each Presiding Officer with such number of ballot boxes as may be necessary. (2) The ballot boxes shall be of such material and design as may be approved by the Commission. (3) Not more than one ballot box shall be used at a time for the purpose of the poll at any polling station, or at any polling booth, where there are more than one polling booths at a polling station. (4) At least half an hour before the time fixed for the commencement of the poll, the Presiding Officer shall- (a) ensure that every ballot box to be used is empty; 89(aa) deliver such empty ballot box to the Assistant Presiding Officer or Polling Officer recording the serial number of the concerne ballot box and the serial number of the seal thereon and obtaining signature of the receiver in the respective column of the prescribed form and endeavour to obtain signature of the agents of candidates who is willing to put signature on the said form; (b) show the empty ballot box to the contesting candidates and their election agents and polling agents whoever may be present; (c) after the ballot box has been shown to be empty, close and seal it; and (d) place the ballot box so as to be conveniently accessible to the elector, and at the same time within the sight of himself and of such candidates or their election or polling agents as may be present.  (5) If one ballot box is full or cannot further be used for receiving ballot papers, the Presiding Officer shall seal that ballot box 90with his own seal and signature and with the seals or signatures of the contesting candidates or election agents or polling agents present who may wish to seal or sign it and keep it in a secure place and use another ballot box in the manner laid down in clause (4). (6) A Presiding Officer shall make such arrangements at the polling station that every elector may be able to mark his ballot paper in secret before the same is folded and inserted in the ballot box.", "name": "", "related_acts": "", "section_id": 34 }, { "act_id": 424, "details": "29. The Presiding Officer shall, subject to such instructions as the Commission may give in this behalf, regulate the number of electors to be admitted to the polling station at a time and exclude from the polling station all other persons except- (a)\tany person on duty in connection with the election; 91(b) \tthe contesting candidates and their election agents and one polling agent of each contesting candidate for each booth; (bb) \telection observers; and (c) \tsuch other persons as may be specifically permitted by the Returning Officer.", "name": "", "related_acts": "", "section_id": 35 }, { "act_id": 424, "details": "30. (1) The Presiding Officer shall keep order at the polling station and may remove or cause to be removed any person who misconducts himself at a polling station or fails to obey any lawful orders of the Presiding Officer. (2) Any person removed under clause (1) from a polling station shall not, without the permission of' the Presiding Officer, again enter the polling station during the day and shall, if he is accused of an offence in a polling station, be liable to be arrested without warrant by a police officer. (3) The powers under this Article shall not be so exercised as to deprive an elector of an opportunity to cast his vote at the polling station at which he is entitled to vote.", "name": "", "related_acts": "", "section_id": 36 }, { "act_id": 424, "details": "31. 92(1) Where an elector presents himself at the polling station to vote, the Presiding Officer shall, after satisfying himself about the identity of the elector with reference to 93the electoral roll, issue to him a ballot paper 94or allow him to cast his vote by using EVM.  95***  (2) Before a ballot paper is issued to an elector-  (a) he shall be required to receive a personal mark made with indelible ink on the thumb or any other finger of either hand;  (b) the number and name of the elector as entered in the electoral roll shall be called out;  (c) a mark shall be placed on the electoral roll against the number and name of the elector to indicate that a ballot paper has been issued to him;  96(d)  the ballot paper shall on its back be stamped with the official mark and signed by the Assistant Presiding Officer;  (e) the number of the elector on the electoral roll shall be marked in writing on the counterfoil by the Presiding Officer who shall also stamp the counterfoil with the official mark 97;  (f) the elector shall put his signature or thumb impression on the counterfoil of the ballot paper.  (3) A ballot paper shall not be issued to a person who refuses to receive the personal mark with indelible ink or if he already bears such a mark or the remnants of such mark.  (4) If a contesting candidate or his election or polling agent alleges that an elector to whom a ballot paper is about to be issued already has one or more ballot papers in his possession, the Presiding Officer may require the elector to satisfy him that he does not have any other ballot paper in his possession and may also take such measures as he thinks fit to ensure that such elector does not insert more than one ballot paper in the ballot box.  (5) The elector, on receiving the ballot paper, shall-  98(a) if so requested by any contesting candidate or an election agent 99or polling agent, show the official mark on the back of the ballot paper to him;  (aa) forthwith proceed to the place reserved for marking the ballot paper;  (b) put the prescribed mark on the ballot paper at any place within the space containing the name and symbol of the contesting candidate for whom he wishes to vote; and  (c) after he has so marked, fold the ballot paper and insert it in the ballot box.  (6) The elector shall vote without undue delay and shall leave the polling station immediately after he has inserted his ballot paper in the ballot box.  (7) Where an elector is blind or is otherwise so incapacitated that he cannot vote without the assistance of a companion, the Presiding Officer shall allow him such assistance and thereupon such elector may do with such assistance any thing which an elector is required or permitted to do under this Order.  100***", "name": "", "related_acts": "", "section_id": 37 }, { "act_id": 424, "details": "32. (1) If a person representing himself to be an elector applies for a ballot paper when another person has already represented himself to be that elector and has voted under the name of the persons so applying, he shall be entitled, subject to the provisions of this Article to receive a ballot paper (hereinafter referred to as “tendered ballot paper”) in the same manner as any other elector. (2) A tendered ballot paper shall, instead of being put into the ballot box, be given to the Presiding Officer who shall endorse thereon the name and number in the electoral roll of the person applying for it and place it in a separate packet endorsed with the name of the candidate for whom such person wishes to vote. (3) The name of the person applying for a ballot paper under clause (1) and his number on the electoral roll shall be entered in a list (hereinafter referred to as “the tendered votes list”) to be prepared by the Presiding Officer.", "name": "", "related_acts": "", "section_id": 38 }, { "act_id": 424, "details": "33. (1) If, at the time a person applies for a ballot paper for the purpose of voting, a candidate or his 101election agent or polling agent declares to the Presiding Officer that he has reasonable cause to believe that that person has already voted at the election, at the same or another polling station or is not the person against whose name entered in the electoral roll he is seeking to vote, and undertakes to prove the charge in a Court of law and deposits with the Presiding Officer in cash such sum as may be prescribed, the Presiding Officer may, after warning the person of the consequences and obtaining his thumb impression and, if he is literate, also his signature, on the counterfoil, issue a ballot paper (hereinafter referred to as “challenged ballot paper”) to that person. (2) If the Presiding Officer issues a ballot paper under clause (1) to such person he shall enter the name and address of that person in a list to be prepared by him (hereinafter referred to as “the challenged votes list”) and obtain thereon the thumb impression and, if he is literate, also the signature, of that person. (3) A ballot paper issued under clause (1) shall, after it has been marked and folded by the elector, be placed in the same condition in a separate packet bearing the label “challenged ballot papers” instead of being placed in the ballot box.", "name": "", "related_acts": "", "section_id": 39 }, { "act_id": 424, "details": "34. (1) An elector who has inadvertently so spoilt his ballot paper that it cannot be used as a valid ballot paper may, upon proving the fact of inadvertence to the satisfaction of the Presiding Officer and returning the ballot paper to him, obtain another ballot paper and cast his vote by such other ballot paper. (2) The Presiding Officer shall forthwith cancel the ballot paper returned to him under clause (1), make a note to that effect on the counterfoil over his own signature and sign the cancelled ballot paper, and place it in a separate packet labelled “Spoilt Ballot Papers”.", "name": "", "related_acts": "", "section_id": 40 }, { "act_id": 424, "details": "35. No person shall be given any ballot paper or be permitted to vote after the hour fixed for the close of the poll except the persons who at that hour are present within the building room, tent or enclosure in which the polling station is situated and have not voted but are waiting to vote.", "name": "", "related_acts": "", "section_id": 41 }, { "act_id": 424, "details": "36. (1) Immediately after the close of the poll, that is, as soon as the last of such persons, if any, as are present and waiting to vote as mentioned in Article 35, has voted, the Presiding Officer shall, in the presence of such of the contesting candidates, election agents and polling agents as may be present, proceed with the count of votes.  (2) The Presiding Officer shall give such of the contesting candidates, election agents and polling agents as may be present, reasonable facility of observing the count and give them such information with respect thereto as can be given consistently with the orderly conduct of the count and the discharge of his duties in connection therewith.  (3) No person other than the Presiding Officer, the Polling Officer, any other person on duty in connection with the poll, the contesting candidates, 102election agents, polling agents and election observers shall be allowed to remain present at the count.  (4) The Presiding Officer shall-  (a) open the used ballot box or ballot boxes and count the entire lot of ballot papers taken out therefrom;  (b) open the packed labelled \"challenged ballot papers\" and include the ballot papers therein the count;  (c) count, in such manner as may be prescribed, the votes cast in favour of each contesting candidate excluding from the count the ballot papers which bear-  103(i) no official mark and signature;  (ii) any writing or any mark other than the official mark and the prescribed mark or to which a piece of paper or any other object of any kind has been attached;  (iii) no prescribed mark indicating the contesting candidate for whom the elector has voted; or  (iv) any mark from which it is not clear for whom the elector has voted, provided that a ballot paper shall be deemed to have been marked in favour of a candidate if the whole or more than half of the area of the prescribed mark appears clearly within the space containing the name and symbol of that candidate; and where the prescribed mark is divided equally between two such spaces, the ballot paper shall be deemed not to show clearly for whom the elector has voted.  (5) The Presiding Officer may recount the votes-  (a) of his own motion if he considers it necessary; or  (b) 104upon the request in writing of a contesting candidate or an election agent or polling agent present if, in his opinion, the request is not unreasonable.  (6) The valid ballot papers cast in favour of each contesting candidate shall be put in separate packets and each such packet shall be sealed and shall contain a certificate as to the number of ballot papers put in it and shall also indicate the nature of the contents thereof, specifying the name and symbol of the contesting candidate to whom the packet relates.  (7) The ballot papers excluded from the count shall be put in a separate packet indicating thereon the total number of ballot papers contained therein.  (8) The packets mentioned in clause (6) and (7) shall be put in a principal packet which shall be seated by the Presiding Officer.  (9) The Presiding Officer shall, immediately after the count, prepare a statement of the count in such form as may be prescribed showing therein 105,in both words and figures, the number of valid votes polled by each contesting candidate and the ballot paper excluded from the count.  (10) The Presiding Officer shall also prepare in the prescribed form a ballot paper account showing separately-  (a) the number of ballot papers entrusted to him;  (b) the number of ballot papers taken out of the ballot box or boxes and counted;  (c) the number of tendered ballot papers;  (d) the number of challenged ballot papers;  (e) the number of un issued ballot papers; and  (f) the number of spoilt ballot papers.  106(11) The Presiding Officer shall 107*** give a certified copy of the statement of the count and the ballot-paper account, showing the numbers in both words and figures, to such of the candidates, their election agents or polling agents as may be present, and obtain a receipt for such copy, and if any such person refuses to give any receipt, the Presiding Officer shall record that fact.  (12) The Presiding Officer shall seal in separate packets-  (a) un-issued ballot papers;  (b) spoilt ballot papers;  (c) tendered ballot papers;  (d) challenged ballot papers;  (e) the marked copies of the electoral rolls;  (f) counterfoils of used ballot papers;  (g) the tendered votes list;  108(gg) ballot box issue forms showing the total number of ballot boxes issue and used.  (h) the challenged votes list; and  (i) such other papers as the Returning Officer may direct.  109(13) The Presiding Officer shall obtain on each statement and packet prepared under this Article the signature of such of the contesting candidates or their election agents or polling agents as may be present, and if any such person refuses to sign, the Presiding Officer shall record that fact.  (14) A person entitled to sign a packet or statement under clause (13) may, if he so desires, also affix his seal to it.  (15) After the close of the proceedings under the foregoing clause the Presiding Officer shall, in compliance with such instructions as may be given by the Commission in this behalf, cause the packets, the statement of the count and the ballot paper account prepared by him to be sent to the Returning Officer together with such other records as the Commission may direct 110, and shall also send a copy of the statement of the count to the Commission by post.", "name": "", "related_acts": "", "section_id": 42 }, { "act_id": 424, "details": "37. (1) The Returning Officer shall give the contesting candidates and their election agents a notice in writing of the day, time and place for the consolidation of the results and, in the presence of such of the contesting candidates and election agents as may be present, consolidate in the prescribed manner the results of the count furnished by the Presiding Officer, including, therein the postal ballots received by him before the time aforesaid. (2) Before consolidating the results of the count, the Returning Officer shall examine the ballot papers excluded from the count by the Presiding Officer and, if he finds that any such ballot paper should not have been so excluded, count it as a ballot paper cast in favour of the contesting candidate for whom the vote has been cast thereby. (3) The Returning Officer shall also count the ballot papers received by him by post in such manner as may be prescribed and include the votes cast in favour of each contesting candidate in the consolidated statement except those which he may reject on any of the grounds mentioned in clause (4) of Article 36. (4) The ballot papers rejected by the Returning Officer under clause (3) shall be shown separately in the consolidated statement. (5) The Returning Officer shall not recount the valid ballot papers in respect of any polling station unless- (a)\tthe count by the Presiding Officer is challenged in writing by a contesting candidate or his election agent and the Returning Officer is satisfied about the reasonableness of the challenge; or (b)\the is directed so to do by the Commission.", "name": "", "related_acts": "", "section_id": 43 }, { "act_id": 424, "details": "38. Where, after consolidation of the results of the count under Article 37, it is found that there is equality of votes between two or more contesting candidates and the addition of one vote for one such candidate would entitle him to be declared elected, the Returning Officer shall forthwith draw a lot in respect of such candidates, and the candidate on whom the lot falls shall be deemed to have received the highest number of votes entitling him to be declared elected. The lot shall be drawn in the presence of such of the contesting candidates and their election agents as may be present. The Returning Officer shall record the proceedings in writing, and obtain thereon the signature of such candidates and election agents as have been witness to the proceeding.", "name": "", "related_acts": "", "section_id": 44 }, { "act_id": 424, "details": "39. (1) The Returning Officer shall, after obtaining the result of the count under Article 37 or of the drawal of the lot under Article 38, declare by public notice the contesting candidate who has or is deemed to have received the highest number of votes to be elected. (2) The public notice shall contain the name of, and the total number of votes received by, each contesting candidate 111as a result of consolidation under Article 37 or drawal of lot under Article 38. (3) The Returning Officer shall, immediately after publication of the notice under clause (1), submit to the Commission a return of the election in the prescribed form together with a copy of the consolidated statement. (4) The Commission shall publish in the official Gazette the name of the returned candidate.", "name": "", "related_acts": "", "section_id": 45 }, { "act_id": 424, "details": "40. The Returning Officer shall- (a)\timmediately after preparing the consolidated statement and the return of election result in the prescribed manner the packets and statement opened by him for the purpose of consolidation permitting such of the candidates and their election agents, as may be present to sign the packets and affix their seals to such packets if they so desire; and (b)\tsupply duly attested copies of the consolidated statement and the return of election to such of the candidates and their election agents as may desire to have them.", "name": "", "related_acts": "", "section_id": 46 }, { "act_id": 424, "details": "41. (1) After the termination of the proceedings relating to an election under Article 17 where the proceedings have been so terminated, or after the declaration of the result of an election under Article 19, or Article 39, the deposit made under Article 13 in respect of any candidate shall be returned to the person making it or to his legal representative except the deposit in respect of a candidate who has received less than one-eighth of the total number of votes cast at the election. (2) A deposit which is not required to be returned under clause (1) shall be forfeited to the Government.", "name": "", "related_acts": "", "section_id": 47 }, { "act_id": 424, "details": "42. (1) The Returning Officer shall retain on behalf of the Commission- (a)\tthe packets containing the ballot papers each of which shall be sealed with the seal of the Presiding Officer, or, if opened by the Returning Officer, with the seal of the Returning Officer; (b)\tthe packets containing the counterfoils of issued ballot papers; (c)\tthe packets containing the marked copies of the electoral rolls;  (d)\tthe packets containing the ballot paper account; (e)\tthe packet containing the tendered ballot papers, the challenged ballot papers, the tendered votes list and the challenged votes list; and (f)\tsuch other papers as the Commission may direct. (2) The Returning Officer shall endorse on each packet retained under clause (1) the description of its contents, the date of the election to which the contents relate and the name and number of the constituency for which the election was held. (3) The documents contained in the packets mentioned in clause (1) shall be retained for a period of one year, and thereafter the Commission shall, unless otherwise directed by the High Court Division, cause them to be destroyed.", "name": "", "related_acts": "", "section_id": 48 }, { "act_id": 424, "details": "43. The documents retained under Article 42, except the ballot papers, shall be open to public inspection at such time and subject to such conditions as may be prescribed, and the Returning Officer shall, upon an application made in this behalf and on payment of such fee and subject to such conditions as may be prescribed, furnish copies of, or extracts from, those documents.", "name": "", "related_acts": "", "section_id": 49 }, { "act_id": 424, "details": "44. (1) The High Court Division may order the opening of packets of counterfoils and certificates or the inspection of any counted ballot papers. (2) An order under clause (1) may be made subject to such conditions as to persons, time, place and mode of inspection, production of documents and opening of packets as the High Court Division making the order may think expedient: Provided that in making and carrying into effect an order for the inspection of counted ballot papers, care shall be taken that no vote shall be disclosed until it has been held by the High Court Division to be invalid. (3) Where an order is made under clause (1), the production by the Returning Officer of any document in such manner as may be directed by the order shall be conclusive evidence that the document relates to the election specified in the order, and any endorsement or any packet of ballot papers so produced shall be Prima facie evidence that the ballot papers are what the endorsement states them to be. 4) The production from proper custody of a ballot paper purporting to have been used at an election, and of a counterfoil having a number, shall be Prima facie evidence that the elector whose vote was given by that ballot paper was the elector who had on the electoral roll the same number as was written on the counterfoil. (5) Save as in this section provided, no person shall be allowed to inspect any rejected or counted ballot paper in the possession of the Returning Officer.", "name": "", "related_acts": "", "section_id": 50 }, { "act_id": 424, "details": "44A. In this Chapter, \"election expenses\" means any expenditure incurred or payment made, whether by way of gift, loan, advance, deposit or otherwise, for the arrangement, conduct or benefit of, or in connection with, or incidental to, the election of a candidate, including the expenditure on account of issuing circulars or publications or otherwise presenting to the electors the candidate or his views, aims or objects, but does not include the deposit made under Article 13.", "name": "", "related_acts": "", "section_id": 51 }, { "act_id": 424, "details": "11344BB. Every election agent or, where there is no such agent, the contesting candidate shall- (a)\topen as separate account with a scheduled bank for the purpose of making payments of the election expense, other than personal expenditure, that may be incurred in pursuance of the provisions of Article 44B; (b)\tmake from that account all payments towards the said election expense, other than personal expenditure.", "name": "", "related_acts": "", "section_id": 52 }, { "act_id": 424, "details": "44AA. (1) 114At the time of submitting the nomination paper, every contesting candidate shall submit to the Returning Officer, a statement, in the prescribed form, of the probable sources of fund to meet his election expenses showing-  (a) the sum to be provided by him from his own income and the sources of such income;  (b) the sum to be borrowed, or received as voluntary contribution, from his relations and the sources of their income;  (c) the sum to be borrowed, or received as voluntary contribution, from any other person;  (d) the sum to received as voluntary contribution from any political party, organisation or association;  (e) the sum to be received from any other source 115:  Provided that the provisions of sub-clauses (a) to (e) shall not apply to a case where the amount of such sum is not more than taka five thousand to be received as voluntary contribution or grant.  Explanation - In this clause, “relations” mean spouse, parents, sons, daughters, brothers and sisters.  (2) The statement under clause (1) shall be accompanied by a statement, in the prescribed form, of the contesting candidate's assets and liabilities and his annual income and expenditure and 116***, a copy of the income-tax return last submitted by him.  (3) A copy of the statement submitted under clause (1), together with a copy of the statement and the return mentioned in clause (2), shall be sent by the contesting candidate to the Commission by registered post at the time of their submission to Returning Officer.  (4) If the contesting candidate receives any sum from any source other than any of the sources mentioned in his statement submitted under clause (1), he shall, 117 with the return under clause (1) of Article 44C , submit a supplementary statement to the Returning Officer showing the sum so received and the source from which it is received, and a copy of such statement shall be sent by him to the Commission by registered post at the time of its submission to the Returning Officer.", "name": "", "related_acts": "", "section_id": 53 }, { "act_id": 424, "details": "44B. (1) No person shall, except to the extent provided in clause (2), make any payment whatsoever towards the election expenses of a candidate except to the election agent of such candidate.  (2) No person other than the election agent of a contesting candidate shall incur any election expenses of such candidate:  Provided that-  118* * *  (ii) any person may, if so authorised by the election agent in writing specifying a maximum amount, to the extent of such amount, make payment for stationery, postage, telegram and other petty expenses.  119120(3) The election expenses of a contesting candidate, including the expenditure incurred for him by the political party which has nominated him as its candidate, shall not exceed taka 121122twenty five lakh: 123:  Provided further that the election expenses of a contesting candidate shall be determined per capita on the basis of total number of electors in a constituency and a notification to that effect shall be published in the official Gazette. (3A) The amount of the money mentioned in clause (3) or any portion thereof shall not be utilised for-  (a) printing of a poster with more than one colour; or  124(aa) printing of a poster of a size bigger than the size prescribed or specified by the Commission; or  125*** (d) setting up a pandal covering an area of more that four hundred square feet; or  (e) making any banner by using any cloth; or (f) employing or using more than three microphones or loudspeakers at a time in a constituency; or  (g) commencing election publicity in any manner at any time three weeks prior to the date fixed for the poll; or  126(h) setting up more than one election camp or office in any union or in any ward of a municipality or city, or more than one central election camp or office in any constituency; or  (hh) entertainment of electors in any manner; or  (i) using any vehicle or vessel such as, truck, bus, car, taxi, motor cycle and speed-boat, for taking out any procession; or  127(ii) hiring or using any vehicle or vessel of any kind for conveying electors to or from any polling station; or  (j) illumination by use of electricity in any form; or  (k) using symbol or portrait of a candidate with more than one colour; or  (l) display of a symbol exceeding the size prescribed by the Commission. 128; or  (m) writing in ink or paint or in any manner whatsoever as means of advertisement for propogating election campaign 129; or  130(n) to operate camps on the polling day. 131(3B) Any money utilized in violation of any provision of clause (3A) shall be deemed to be election expenses incurred by the contesting candidate concerned in excess of the amount mentioned in clause (3) and shall be deemed to be a contravention of Article 44B.  (4) Any candidate incurring personal expenditure and any person making any payment under clause (2) shall, within 132seven days of the declaration of the result of the election, send to the election agent a statement of such expenditure or particulars of such payment.  (5) An election agent shall, by a bill stating the particulars and by a receipt, vouch for every payment made in respect of election expenses except where the amount is less than Taka 133one hundred.", "name": "", "related_acts": "", "section_id": 54 }, { "act_id": 424, "details": "44C. (1) Every election agent of a contesting candidate shall, within 134thirty days after the publication of the name of the returned candidate under Article 19, or Article 39, submit to the Returning Officer a return of election expenses in the prescribed form containing- (a)\ta statement of all payments made by him 135each day together with all the bill and receipts; 136(aa) \ta statement certified by the scheduled bank refered to in clause (a) of article 44BB showing the amount deposited in and withdrawn from the account opened under that clause; (b)\ta statement of the amount of personal expenditure, if any, incurred by the contesting candidate; (c)\ta statement of all disputed claims of which the election agent is aware; (d)\t\ta statemer of all unpaid claims, if any, of which the election agent is aware; 137(e) \ta statement of all sums received from any sources, together with evidence of such receipts, for the purpose of election expenses, specifying the name of every such source. (2) The return submitted under clause (1) shall be accompanied by an affidavit sworn severally by the contesting candidate and his election agent or, where a contesting candidate is his own election agent, only by such candidate. 138(3) A copy of return submitted under clause (1), together with a copy of the affidavit mentioned in clause (2), shall be sent by the election agent to the Commission by registered post at the time of their submission to the Returning Officer.", "name": "", "related_acts": "", "section_id": 55 }, { "act_id": 424, "details": "13944CC. (1) Every political party setting up any candidate for election shall maintain proper account of all its income and expenditure for the period from the date of publication of notification under clause (1) of Article 11 till the completion of elections in all the constituencies in which it has set up candidates and such account shall show clearly the amount received by it as donation above 140taka five thousand from any candidate or any person seeking nomination or from any other person or source giving their names and addresses and the amount received from each of them and the mode of receipt.  (2) The funds of every such political party shall be deposited and maintained in any scheduled bank.  (3) No such political party shall expend during the aforesaid period for election purposes, including election expenses for the contesting candidates set up by it, an amount exceeding-  (a) where the number of such candidates is more than two hundred, 141taka four crore and fifty lakh,  (b) where the number of such candidates is more than one hundred but not more than two hundred, 142taka three crore,  (c) where the number of such candidates is, 143 more than fifty but not more than one hundred, taka one crore and fifty lakh 144, (d) where the number of such candidates is not more than fifty, taka seventy five lakh:  Provided that the amount mentioned in sub-clauses (a), (b), (c) and (d) shall be subject to maximum taka one lakh and fifty thousand per candidate145: Provided further that the expenditure incurred by the party chief for travelling to various constituencies for the purposes of election campaign shall be excluded. (4) No such political party shall receive any donation amounting to more than 146taka twenty thousand unless it is made by cheque.  (5) If any political party contravenes any provision of this Article, it shall be punishable with fine which may extend to taka ten lakh.", "name": "", "related_acts": "", "section_id": 56 }, { "act_id": 424, "details": "44CCC. (1) Every political party nominating any candidate for election shall submit to the 147Commission, for its scrutiny, within ninety days of the completion of election in all constituencies, an expenditure statement giving details of the expenses incurred or authorised by it in connection with the election of its candidates for the period from the date of publication of the notification under clause (1) of Article 11 till the completion of elections in all the constituencies in which it has set up candidates. (2) The expenditure mentioned in clause (1) shall include, to be shown separately, expenditure incurred on general propagation of the manifesto, policy, aims and objects of the party and expenditure incurred or authorized in connection with the election of each of its contesting candidates. (3) 148Every statement submitted under clause (1) shall be certified to be correct and complete by the secretary to the party, showing the opening balance of the party funds on the date of publication of the notification under clause (1), of Article 11, the closing balance of the funds on the date of completion of election in all constituencies and the total amount received by the party, as donation or otherwise, during the period between the said two dates. 149*** 150(5) If any registered political party fails to submit its expenditure statement within the time specified in clause (1), the Commission shall issue a notice of warning directing it to submit the statement within thirty days and if the concerned registered political party fails to submit it within that period of time, the Commission may, subject to payment of a fine of taka ten thousand, extend the time for another fifteen days, and if such registered political party fails to submit its statement within that extended time, the Commission may cancel its registration.", "name": "", "related_acts": "", "section_id": 57 }, { "act_id": 424, "details": "15144D.(1) The statement, return and documents submitted under Articles 44AA, 44C and 44CCC shall be kept by the Returning Officer or the Commission, as the case may be, in his or its office or at such other convenient place as he or it may think fit and shall, during one year from the date of receipt, be open for inspection by any person on payment of the prescribed fees. (2) The Commission or the Retuning Officer shall, on an application made in this behalf and on payment of the prescribed fees, give any person copies of any statement, return or document or any part thereof kept under clause (1). (3) The copies of the statements, return or documents under clause (1) shall be published in the website of the Commission.", "name": "", "related_acts": "", "section_id": 58 }, { "act_id": 424, "details": "44E. (1) During the period after the publication of a notification under Article 11 and the expiration of fifteen days after the declaration of the result of the election by the Returning Officer under Article 39, no- 153*** 154(aa) Divisional Commissioner; (aaa) Metropolitan Police Commissioner; (b)\tDeputy Commissioner, (c)\tSuperintendent of Police, or (d)\tOfficer subordinate to any of them serving in the 155division, district or metropolitan area concerned, shall be transfered to any place without prior consultation with the Commission. 156(2) When it appears necessary to transfer any employee of any department of the Government or of any other organisation in the interest of fair election, the Commission may request the concerned authority in the matter in writing and such transfer shall have to be made effective as soon as possible on receipt of such request from the Commission. (3) No person whose name appears in a panel prepared under Article 9 shall be transfered outside the district without the prior approval of the Returning Officer till the polls are taken. (4) All persons mentioned in clause (1) shall render all such assistance and help as may be required by the Returing Officer for the purposes of the election.", "name": "", "related_acts": "", "section_id": 59 }, { "act_id": 424, "details": "Omitted by section 6 of the Representation of the People (Second Amendment) Ordinance, 1978 (L of 1978).", "name": "Omitted", "related_acts": "", "section_id": 60 }, { "act_id": 424, "details": "15749. (1) No election shall be called in question except by an election petition presented by a candidate for that election in accordance with the provisions of this Chapter. (2) An election petition shall be presented to the High Court Division within such time as may be prescribed. (3) An election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition. (4) At the time of presenting an election petition, the petitioner shall deposit in the High Court Division in accordance with the rules of the High Court Division a sum of 158Taka five thousand as security for the costs of the petition.", "name": "", "related_acts": "", "section_id": 61 }, { "act_id": 424, "details": "50. The petitioner shall join as respondents to his election petition- (a) all contesting candidates; and  (b) any other candidate against whom any allegation, if any, of any corrupt or illegal practice is made 159. 160* * * Explanation-In this Article and in the following provisions of this Chapter, “corrupt or illegal practice” means a “corrupt practice” or an “illegal practice” within the meaning of Chapter VI.", "name": "", "related_acts": "", "section_id": 62 }, { "act_id": 424, "details": "51. (1) Every election petition shall contain- (a)\ta precise statement of the material facts on which the petitioner relies; (b)\tfull particulars of any corrupt or illegal practice or other illegal act alleged to have been committed, including as full a statement as possible of the names of the parties alleged to have committed such corrupt or illegal practice or illegal act and the date and place of the commission of such practice or act; and (c)\tthe relief claimed by the petitioner. (2) A petitioner may claim as relief any of the following declarations, namely- (a)\tthat the election of the returned candidate is void; (b)\tthat the election of the returned candidate is void and that the petitioner or some other person has been duly elected; or (c)\tthat the election as a whole is void. (3) Every election petition and every schedule or annex to that petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 for the verification of pleadings.", "name": "", "related_acts": "86", "section_id": 63 }, { "act_id": 424, "details": "52. Omitted by section 21 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001).", "name": "Omitted", "related_acts": "", "section_id": 64 }, { "act_id": 424, "details": "53. Omitted by section 21 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001).", "name": "Omitted", "related_acts": "", "section_id": 65 }, { "act_id": 424, "details": "54. Omitted by section 21 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001).", "name": "Omitted", "related_acts": "", "section_id": 66 }, { "act_id": 424, "details": "55. Omitted by section 21 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001).", "name": "Omitted", "related_acts": "", "section_id": 67 }, { "act_id": 424, "details": "56. Omitted by section 21 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001).", "name": "Omitted", "related_acts": "", "section_id": 68 }, { "act_id": 424, "details": "57. (1) Subject to the provisions of this Order and the rules, every election petition shall be tried, as nearly as may be, in accordance with the procedure for the trial of suits under the Code of Civil Procedure, 1908: Provided that the High Court Division may- (a)\tmake a memorandum of the substance of the evidence of each witness as his examination proceeds unless it considers that there is special reason for taking down the evidence of any witness in full; and (b)\trefuse to examine a witness if it considers that his evidence is not material or that he has been called on a frivolous ground for the purpose of delaying the proceedings. (2) Subject to the provisions of this Order the Evidence Act, 1872, shall apply for the trial of an election petition. (3) The High Court Division may, at any time, upon such terms and on payment of such fee as it may direct, allow a petition to be amended in such manner as may, in its opinion, be necessary for ensuring a fair and effective trial and for determining the real questions at issue, so however that no new ground of challenge to the election is permitted to be raised. (4) At any time during the trial of an election petition, the High Court Division may call upon the petitioner to deposit such further sum by way of security, in addition to the sum deposited under Article 49, as it may think fit. 161(5) The High Court Division shall not adjourn the trial of an election petition for any purpose unless such adjournment is in its opinion necessary in the interest of justice. (6) The High Court Division shall try an election petition as expeditiously as possible and shall endeavour to conclude the trial within six months from the date on which the election petition is 162presented to it for trial 163. 164* * *", "name": "", "related_acts": "86,24", "section_id": 69 }, { "act_id": 424, "details": "58. The High Court Division shall dismiss an election petition, if- (a)\tthe provisions of 165Article 49 or Article 50 or Article 51 have not been complied with; or (b)\tthe petitioner fails to make the further deposit required under clause (4) of Article 57.", "name": "", "related_acts": "", "section_id": 70 }, { "act_id": 424, "details": "59. Omitted by section 24 of the Representation of the People (Amendment) Act, 2001 (Act No. LVII of 2001).", "name": "Omitted", "related_acts": "", "section_id": 71 }, { "act_id": 424, "details": "60. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no document shall be inadmissible in evidence at the trial of an election petition only on the ground that it is not duly stamped or registered. (2) No witness shall be excused from answering any question as to any matter in issue, or relevant to a matter in issue, in the trial of an election petition upon the ground that the answer to such question may incriminate or tend to incriminate him or that it may expose or tend to expose him to penalty or forfeiture but no witness shall be required or permitted to state for whom he has voted at an election. (3) A witness who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the High Court Division and answer given by him to a question put by or before the High Court Division shall not, except in the case of any criminal proceeding for perjury in respect of his evidence be admissible in evidence against him in any civil or criminal proceedings. (4) A certificate of indemnity granted to any witness under clause (3) may be pleaded by him in any Court and shall be a full and complete defence to or upon any charge under Chapter IXA of the Penal Code or under this Order arising out of the matter to which such certificate relates but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by any law for the time being in force. (5) The reasonable expenses incurred by any person in attending to give evidence may be allowed to him by the High Court Division and shall, unless the High Court Division otherwise directs, be deemed to be part of the costs.", "name": "", "related_acts": "", "section_id": 72 }, { "act_id": 424, "details": "61. (1) Where in an election petition a declaration is claimed that a candidate other than the returned candidate has been duly elected, the returned candidate or any other party may produce evidence to prove that the election of such other candidate would have been declared void had he been the returned candidate and had a petition been presented calling his election in question: Provided that the returned candidate or such other party as aforesaid shall not be entitled to give such evidence unless he has, within the fourteen days next following the commencement of the trial, given notice to the High Court Division of his intention so to do and has also deposited the security referred to in Article 49. (2) Every notice referred to in clause (1) shall be accompanied by a statement of the case, and all the provisions relating to the contents, verification, trial and procedure of an election petition, or to the security deposit in respect of an election petition shall apply to such a statement as if it were an election petition.", "name": "", "related_acts": "", "section_id": 73 }, { "act_id": 424, "details": "62. (1) The High Court Division may, upon the conclusion of the trial of an election petition, make an order- (a)\tdismissing the petition; (b)\tdeclaring the election of the returned candidate to be void; (c)\tdeclaring the election of the returned candidate to be void and the petitioner or any other contesting candidate to have been duly elected; or (d)\tdeclaring the election as a whole to be void. (2) Save as provided in clause (3), the decision of High Court Division on an election petition shall be final. 166(3) Any person aggrieved by a decision of the High Court Division may, within thirty days of the announcement of the decision, appeal to the Appellate Division, if it grants leave to appeal.", "name": "", "related_acts": "", "section_id": 74 }, { "act_id": 424, "details": "63. (1) The High Court Division shall declare the election of the returned candidate to be void if it is satisfied that- (a) the nomination of the returned candidate was invalid; or (b) the returned candidate was not, on the nomination day, qualified for, or was disqualified from, being elected as a member; or (c) the election of the returned candidate has been procured or induced by any corrupt or illegal practice; or (d) a corrupt or illegal practice has been committed by the returned candidate or his election agent or by any other person with the connivance of the candidate or his election agent; or  167(e) The returned candidate has spent more money than what is allowed under Article 44B(3). (2) The election of a returned candidate shall not be declared void on the ground- (a) that any corrupt, or illegal practice has been committed if the High Court Division is satisfied that it was not committed by, or with consent or connivance of, that candidate or his election agent and that the candidate and the election agent took all reasonable precaution to prevent its commission; or (b) that any of the other contesting candidates was, on the nomination day, not qualified for, or was disqualified from, being elected as a member.", "name": "", "related_acts": "", "section_id": 75 }, { "act_id": 424, "details": "64. The High Court Division shall declare the election of the returned candidate to be void and the petitioner or any other contesting candidate to have been duly elected, if it is so claimed by the petitioner or any of the respondents and the High Court Division is satisfied that the petitioner or such other contesting candidate was entitled to be declared elected.", "name": "", "related_acts": "", "section_id": 76 }, { "act_id": 424, "details": "65. The High Court Division shall declare the election as a whole to be void if it is satisfied that the result of the election has been materially affected by reason of- (a)\tthe failure of any person to comply with the provisions of this Order and the rules; or (b)\tthe prevalence of extensive corrupt or illegal practice at the election.", "name": "", "related_acts": "", "section_id": 77 }, { "act_id": 424, "details": "66. (1) Where, after the conclusion of the trial, it appears that there is an equality of votes between two or more contesting candidates, and the addition of one vote for one such candidate would entitle him to be declared elected, the High Court Division shall so inform the Commission. In the event that no appeal is filed against the decision of the High Court Division, the Commission shall, after expiry of the period specified for the filing of an appeal, direct a fresh poll to be taken in respect of the said candidate, and fix a date for such poll, but otherwise, the Commission shall await the result of the appeal and shall act as above only if the decision of the High Court Division is uphold in appeal on all points. (2) All the provisions of this Order relating to polling, counting of votes, preparation of ballot paper account declaration of result and preservation and inspection of documents shall apply to the fresh poll as at an election held under the provisions of this order.", "name": "", "related_acts": "", "section_id": 78 }, { "act_id": 424, "details": "16867. (1) The High Court Division shall, as soon as possible after the conclusion of the trial of an election petition, intimate the substance of its decision to the Commission and shall, as soon as may be, send to the Commission an authenticated copy of its order. (2) As soon as may be after the receipt of any order made by the High Court Division under Article 62, the Commission shall publish it in the official Gazette. (3) An order made by the High Court Division under Article 62 shall take effect on the date on which it is made.", "name": "", "related_acts": "", "section_id": 79 }, { "act_id": 424, "details": "68. 169(1) An election petition may be withdrawn by leave of the High Court Division. (2) Where leave is granted by the High Court Division, the petitioner shall be ordered to pay the costs incurred by the respondents to the election petition or such portion thereof as the High Court Division may direct.", "name": "", "related_acts": "", "section_id": 80 }, { "act_id": 424, "details": "69. (1) An election petition shall abate on the death of a sole petitioner or of the sole survivor of several petitioners. 170(2) Where an election petition abates under clause (1), notice of the abatement shall be given by the High Court Division to the Commission.", "name": "", "related_acts": "", "section_id": 81 }, { "act_id": 424, "details": "70. If, before the conclusion of the trial of an election petition, a respondent dies or gives notice in the prescribed form that he does not intend to contest the petition, and no respondent remains to contest the petition, the High Court Division shall, without any further hearing, or after giving such persons as it may think fit an opportunity of being heard, decide the case ex parte.", "name": "", "related_acts": "", "section_id": 82 }, { "act_id": 424, "details": "71. Where, at any stage of the trial of an election petition, no petitioner makes an appearance, the High Court Division may dismiss the petition for default, and make such order as to costs as it may think fit.", "name": "", "related_acts": "", "section_id": 83 }, { "act_id": 424, "details": "72. (1) The High Court Division shall, when making an order under Article 62, also make an order determining in its discretion the costs and specifying the persons by and to whom such costs are to be paid. (2) If, in any order as to costs under clause (1), there is a direction for the payment or costs by any party to any person, such costs shall, if they have not already been paid, be payable in full, and shall upon application in writing in that behalf made to the High Court Division within six months of the order by the person to whom costs have been awarded, be paid, as far as possible, out of the security for costs deposited by such party. (3) Where no costs have been awarded against a party who has deposited security for costs, or where no application for payment of costs has been made within the aforesaid six months, or where a residue remains after costs have been paid out of the security, such security or the residue thereof, as the case may be, shall, upon application in writing therefor by the person who made the deposit or by his legal representative, be returned by the High Court Division to the person making the application. (4) Any order for costs may be enforced upon application in writing made to the principal civil Court of original jurisdiction of the district in which the person from whom the costs are to be recovered resides or owns property, or of the district in which the constituency, or any part of the constituency, to which the disputed election relates, is situated as if such order were a decree passed by that Court: Provided that no proceeding shall be brought under this clause except in respect of costs which have not been recovered by an application under clause (2).", "name": "", "related_acts": "", "section_id": 84 }, { "act_id": 424, "details": "73. A person is guilty of corrupt practice punishable with 171rigorous imprisonment for a term which may extend to seven years and shall not be less than two years, and also with fine, if he- 172* * * 173(2) \thas not any election expenses from any source other than sources specified by the contesting candidate in the statement or the supplementary statement submitted under Article 44AA; (2A) \tcontravenes the provisions of Article 44B; (2B) \tis guilty of bribery, personation or undue influence; (3) \tmakes or publishes a false statement- (a)\tconcerning the personal character of a candidate or any of his relations calculated to adversely affect the election of such candidate or for the purpose of promoting or procuring the election of another candidate unless he proves that he had reasonable grounds for believing and did believe, the statement to be true; (b)\trelating to the symbol of a candidate, whether or not such symbol has been allocated to such candidate; or (c)\tregarding the withdrawal of a candidate; (4) \tcalls upon or persuades any person to vote, or to refrain from voting for any candidate on the ground that he belongs to a particular religion, community, race, caste, sect or tribe; (5)\tknowingly, in order to support or oppose a candidate, lets, lends, employs, hires, borrows or uses any vehicle or vessel for the purpose of conveying to or from the polling station any elector except himself and members of his immediate family; or (6)\tcauses or attempts to cause any person present and waiting to vote at the polling station to depart without voting.", "name": "", "related_acts": "", "section_id": 85 }, { "act_id": 424, "details": "74. A person is guilty of illegal practice 174punishable with rigorous imprisonment for a term which may extend to seven years and shall not be less than two years, and also with fine, if he- 175* * * 176(2) \tfails to comply with the provisions of Article 17744AA or 44C  (2A) \tobtains or procures, or attempts to obtain or procure, the assistance of any person in the service of Bangladesh to further or hinder the election of a candidate; (3)\tvotes or applies for a ballot paper for voting at an election knowing that he is not qualified for, or is disqualified from, voting; (4)\tvotes or applies for a ballot paper for voting more than once in the same polling station; (5)\tvotes or applied for a ballot paper for voting in more than one polling station for the same election; (6)\tremoves a ballot paper from a polling station during the poll; or (7)\tknowingly induces or procures any person to do any of the aforesaid acts.", "name": "", "related_acts": "", "section_id": 86 }, { "act_id": 424, "details": "75. A person is guilty of bribery, if he, directly or indirectly, by himself or by any other person on his behalf,- (1) receives or agrees to receive or contracts for any gratification for voting or refraining from voting, or for being or refraining from being a candidate at, or for withdrawing from an election; (2) gives, offers or promises any gratification to any person- (3) (a) for the purpose of inducing- (i) a person to be, or to refrain from being a candidate at an election; (ii) an elector to vote, or refrain from voting at an election; or (iii) a candidate to withdraw an election; or (b) for the purpose of rewarding- (i) a person for having been, or for having refrained from being, a candidate at an election;  (ii) an elector for having voted or refrained from voting at an election; or (iii) a candidate for having withdrawn from an election. Explanation- In this article “gratification” includes a gratification in money or estimable in money and all forms of entertainment or employment.", "name": "", "related_acts": "", "section_id": 87 }, { "act_id": 424, "details": "76. A person is guilty of personation, if he votes, or applies for a ballot paper or voting, as some other person whether that other person is living or dead or fictitious.", "name": "", "related_acts": "", "section_id": 88 }, { "act_id": 424, "details": "77. A person is guilty of undue influence, if he,- (1) in order to induce or compel any person to vote or refrain from voting, or to offer himself as a candidate, or to withdraw his candidature, at an election, directly or indirectly by himself or by any other person on his behalf,- (a) makes or threatens to make use of any force, violence or restraint; (b) inflicts or threatens to inflict any injury, damage, harm or loss; (c) calls down or threatens to call down divine displeasure of any saint or Pir; (d) gives or threatens to give any religious sentence; or (e) uses any official influence or governmental patronage; or (2) on account of any person having voted or refrained from voting, or having offered himself as a candidate, or having withdrawn his candidature, does any of the acts specified in sub clause (1); (3) by abduction, duress or any fraudulent device or contrivance,- (a) impedes or prevents the free exercise of the franchise by an elector; or (b) compels, induces or prevails upon any elector to vote or refrain in from voting.  Explanation- In this Article “harm” includes socialostracism or ex communication or expulsion from any caste or community.", "name": "", "related_acts": "", "section_id": 89 }, { "act_id": 424, "details": "78. (1) No person shall convene, hold or attend any public meeting, and no person shall promote or join in any procession within the area of any constituency 178during the period beginning at forty-eight hours prior to start of the poll and ending at forty-eight hours after conclusion of the poll for any election in that constituency.  179(1A) During the time mentioned in Article 78(1) no person shall:  (a) Resort to an act of violence or unruly behaviour,  (b) hold threats or intimidate voters or persons connected with election activities or duties,  (c) show or use any arms or force.  (2) Any person who contravenes 180the provisions of clause (1) or clause (1A) shall be punishable with 181rigorous imprisonment for a term which may extend to seven years and shall not be less than two years, and also with fine.", "name": "", "related_acts": "", "section_id": 90 }, { "act_id": 424, "details": "79. A person is guilty of an offence 182punishable with imprisonment for a term which may extend to three years and shall not be less than six months, and also with fine, if he, within a radius of four hundred yards of the polling station, on the polling day- (1)\tcanvasses for votes;  (2)\tsolicits the vote of any elector; (3)\tpersuades any elector not to vote at the election or for a particular candidate; or (4)\texhibits, except with the permission of the Returning Officer and as a place reserved for the candidate or his election agent beyond the radius of one hundred yards of the polling station, any notice, sign, banner or flag designed to encourage the electors to vote, or discourage the electors from voting, for any contesting candidate.", "name": "", "related_acts": "", "section_id": 91 }, { "act_id": 424, "details": "80. A person is guilty of an offence punishable with imprisonment for a term which may extend to 183three years and shall not be less than six months, and also with fine , if he, on the polling day,- (1) uses, in such manner as to be audible within the polling station, any gramophone, megaphone, loudspeaker or other apparatus for reproducing or amplifying sounds; (2) persistently shouts in such manner as to be audible within the polling station; (3) does any act which- (a) disturbs or causes annoyance to any elector visiting a polling station for the purpose of voting; or (b) interferes with the performance of the duty of a Presiding Officer, Assistant Presiding Officer, Polling any duty at a polling station; or (4) abets the doing of any of the aforesaid acts.", "name": "", "related_acts": "", "section_id": 92 }, { "act_id": 424, "details": "81. (1) Except as provided in clause (2) a person is guilty of an offence punishable with 184rigorous imprisonment for a term which may extend to 185seven years and shall not be less than three years, and also with fine, if he-  (a) intentionally defaces or destroys any nomination paper, ballot paper or official mark on a ballot paper;  (b) intentionally takes out of the polling station any ballot paper or puts into any ballot box any ballot paper other than the ballot paper he is authorised by law to put in;  186(bb) is found in possession of any ballot paper or ballot paper book or is seen exhibiting them before the members of the public outside the polling station;  (c) without due authority,-  (i) supplies any ballot paper to any person;  (ii) destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers in use for the purpose of election; or  (iii) breaks any seal affixed in accordance with the provisions of this Order;  187(cc) without due authority and reasonable excuse destroy or interfere with any device, accessories or software programme that is used, or intended to be used, for or in connection with EVM.  (d) forges any ballot paper or official mark;  (e) causes any delay or interruption in the beginning, conduct or completion of the procedure required to be immediately carried out on the close of the poll 188;  (f) in the furtherance of the prospect of the election of a contesting candidate or to subvert election, captures, or abets or connives at, the capturing of, a polling station or polling booth-  (i) and compels the polling authorities to surrender the ballot papers, ballot boxes or other polling materials and documents and do any other acts affecting the orderly conduct of election or counting of votes or preparation of documents relating to election; or  (ii) drives out any candidate or his election agent or polling agent from the polling station and compels the polling authorities to proceed with the election work in their absence; or  (iii) drives out polling authorities, seizes the ballot papers, ballot boxes, polling materials and documents and use them fraudulently in such manner as he likes; or  (iv) allows only his supporters or supporters of his candidate or the candidate of his political party to vote and prevents others from voting.  (2) A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer or any other officer or clerk on duty in connection with the election, who is guilty of an offence under clause (1), shall be punishable with 189rigorous imprisonment for a term which may extend to ten years and shall not be less than three years, and also with fine.", "name": "", "related_acts": "", "section_id": 93 }, { "act_id": 424, "details": "82. A person is guilty of an offence punishable with imprisonment for a term which may extend to 190five years and shall not be less than one year, and also with fine, if he- (1)\tinterferes or attempts to interfere with an elector when he records his vote; (2)\tin any manner obtains or attempts to obtain in a polling station information as to the candidate for whom an elector is about to vote or has voted; or (3)\tcommunicates at any time any information obtained in a polling station as to the candidate for whom an elector is about to vote or has voted.", "name": "", "related_acts": "", "section_id": 94 }, { "act_id": 424, "details": "83. A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, or Polling Officer, or any candidate, election agent or polling agent attending a polling station, or any person attending at the counting of votes is guilty of an offence punishable with imprisonment for a term which may extend to 191five years and shall not be less than one year, and also with fine if he- (1)\tfails to maintain or aid in maintaining the secrecy of voting; (2)\tcommunicates, except for any purpose authorised by any law, to any person before the poll is closed any information as to the official mark; or (3)\tcommunicates any information obtained at the counting of votes as to the candidate for whom any vote is given by any particular ballot paper.", "name": "", "related_acts": "", "section_id": 95 }, { "act_id": 424, "details": "84. A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer, Polling Officer or any other officer or clerk performing any duty in connection with an election, or any member of a police force, is guilty of an offence punishable with imprisonment for a term which may extend to 192five years and shall not be less than one year, and also with fine, if he, in the conduct or management of an election or maintenance of order at a polling station,- (1) \tpersuades any person to give his vote; (2)\tdissuades any person from giving his vote; (3)\tinfluences in any manner the voting of any person; or (4)\tdoes any other act calculated to influence the result of the election.", "name": "", "related_acts": "", "section_id": 96 }, { "act_id": 424, "details": "19384A. If a person by threat, intimidation, hurt or otherwise by application of force, obstructs or tries to obstruct any person performing duties in connection with any election under this Order, or obstructs or tries to obstruct any representative of media or observer authorized by the Commission in connection with any election under this Order, and/or does any harm to his body or damage to his equipment related to performance of duty or prevents or tries to prevent any voter from going to polling station to cast vote or any candidate from submitting nomination paper, or compels or tries to compel any candidate to withdraw nomination paper, shall be guilty of an offence and shall be punishable with rigorous imprisonment for a term which may extend to seven years and shall not be less than two years, and also with fine.", "name": "", "related_acts": "", "section_id": 97 }, { "act_id": 424, "details": "85. A Returning Officer, Assistant Returning Officer, Presiding Officer, Assistant Presiding Officer or any other person employed by any such officer in connection with his official duties imposed by or under this Order is guilty of an offence punishable 194with imprisonment for a term which may extend to one year, or with fine which may extend to Taka five thousand, or with both, if he, wilfully and without reasonable cause, commits breach of any such official duty, by act or omission.", "name": "", "related_acts": "", "section_id": 98 }, { "act_id": 424, "details": "86. A person in the service of Bangladesh is guilty of an offence punishable with imprisonment for a term which may extend to 195five years and shall not be less than one year, and also with fine, if he, misuses his official position in a manner calculated to influence the result of the election.", "name": "", "related_acts": "", "section_id": 99 }, { "act_id": 424, "details": "19687. 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, a member of any law enforcing agency performing any duty in connection with an election- (a)\tshall have, even if he is not a police officer, the same powers as a police officer has under the said Code for arrest without warrant any person, other than a person performing any duty in connection with an election, who commits an offence under Article 73(2B),197(4), (5) and (6), Article 74(2A), (3), (4), (5) and (6), Article 78, Article 79, Article 80, Article 81(1) and Article 82, or for the maintenance of peace, law and order, in the polling station or within a radius of four hundred yards of the polling station, on the polling day, as if he were a police officer; (b)\tshall arrest without warrant any person who commits an offence under any of the Articles mentioned in clause (a), if the Returning Officer of the Presiding Officer so directs;  (c)\tmay arrest without warrant any person, who being removed from the polling station by the Presiding Officer under Article 30, commits any offence in the polling station; (d)\tmay remove any notice, sign, banner of flag used in contravention of Article 79; (e)\tmay seize any instrument or apparatus used in contravention of Article 80; and (f)\tmay take such steps, including use of force, as may be reasonably necessary for the exercise of his powers and performance of his duties under this Article.", "name": "", "related_acts": "75", "section_id": 100 }, { "act_id": 424, "details": "19887A. (1) Any police officer, or any other member of a law enforcing agency performing any duty in connection with an election, shall remove or cause to be removed, or direct the removal of, whenever or wherever he comes to know about it or it comes to his notice, any- (a)\tmulti-coloured poster or portrait of a candidate or the poster or symbol of a candidate which is bigger than the size prescribed or specified by the Commission; (b) \tgate, arch or barricade erected for a candidate; (c) \tpandal of a candidate covering an area of more than four hundred square feet; 199*** (e)\tmicro-phone or loudspeaker used by a candidate in excess of three in number in a constituency at any given time; (f)\telection camp or office of a candidate in excess of one in union, or in a ward of a municipality or city or in excess of one central camp or office in a constituency; (g)\tillumination as part of election campaign of a candidate by use of electricity in any form; and (h)\twriting in ink or paint or in any other manner whatsoever as a means of advertisement for a candidate in any wall, building, pillar, bridge, vehicle or vessel, or in any other place or object not belonging to the candidate or not meant for such advertisement. (2) If a police officer or any other member of a law enforcing agency fails or neglects to take action under clause (1), without any reasonable cause, he shall be deemed to be guilty of inefficiency or misconduct and his appointing authority shall, on being requested to do so by the Commission or the Returning Officer, take appropriate disciplinary action against him and inform the Commission or the Returning officer, as the case may be, about the action so taken, and shall note the action in the relevant service record. (3) A Returning Officer or an Assistant Returning Officer may direct any police officer, or any other member of a law enforcing agency performing any duty in connection with an election, to remove, within such time as he may specify, any matter, thing or article which is liable to be removed under clause (1), and such police officer or member of the law enforcing agency shall take prompt action in accordance with such direction and report compliance to the Returning Officer and the Assistant Returning Officer, and if such police officer or member of the law enforcing agency fails, refuses or neglects to comply, without any reasonable cause, he shall be deemed to be guilty of inefficiency or misconduct and the provision of clause (2) shall apply in this respect. (4) A Returning Officer or an Assistant Returning Officer may give a direction to a candidate or his election agent to remove immediately any matter, thing or article which is liable to be removed under clause (1), and the candidate or his election agent shall act in accordance with such direction, and report compliance to the Returning Officer and the Assistant Returning Officer; and if he fails or refuses or neglects to comply, without any reasonable cause, he shall be deemed to be guilty of corrupt practice under Article 73. (5) Any matter, thing or article removed by any police officer or any other member of a law enforcing agency shall be deemed to have been seized from the possession of the candidate, and shall, if not destroyed in course of such removal, be kept in the custody, of the nearest police station and shall be destroyed or forfeited to the state, if no election petition is pending, after the expiry of a period of six months from the date of such custody. (6) A police officer or any other member of a law enforcing agency may take, or cause to be taken, such steps or measures, including use of force, as may be necessary for performing any function or exercising any power under this Article. (7) Any action taken under this Article shall be promptly communicated to the Commission, and also to the Returning Officer and the Assistant Returning Officer. (8) Any action taken under this Article shall be in addition to, and not in derogation of, any other action or punishment that may be taken or imposed under any other provision of this Order. (9) An action under this Article may be taken at anytime during the period from the date of the notification under clause (1) of Article 11 till the close of the poll in the entire constituency concerned (both days inclusive).", "name": "", "related_acts": "", "section_id": 101 }, { "act_id": 424, "details": "88. Omitted by section 19 of the Representation of the People (Amendment) Act, 1991 (X) of 1991.", "name": "Omitted", "related_acts": "", "section_id": 102 }, { "act_id": 424, "details": "89. (1) No Court shall take cognizance of an offence under clause (2) of Article 81, Article 83, Article 84, Article 85 or Article 86, except upon a complaint in writing made by order of, or under authority from, the Commission. (2) The Commission shall, if it has reason to believe that any offence specified in clause (1) has been committed, cause such enquiries to be made or prosecution to be instituted as it may think fit.", "name": "", "related_acts": "", "section_id": 103 }, { "act_id": 424, "details": "20089A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), any person for the time being performing any duty in connection with an election, excluding any member of a law enforcing agency, may, if authorized by the Commission, by general or special order, in this behalf-  (a) exercise the powers of a Magistrate of the first class under the said Code in respect of the offences punishable under 201Article 73(2B), 74(2A), (3), (4), (5), (6),, Article 78, Article 79, Article 80, Article 81(1) and Article 82; and  (b) take cognizance of any such offence under any of the clauses of sub-section (1) of section 190 of the said Code, and shall try any such offence in a summary manner in accordance with the provisions of the said Code relating to summary trials.", "name": "", "related_acts": "75", "section_id": 104 }, { "act_id": 424, "details": "90. No prosecution for an offence under Article 73 or Article 74 shall be commenced except- (a)\twithin six months of the commission of the offence; or (b)\tif the election at which the offence was committed is subject to an election petition and the High Court Division has made an order in respect of such offence, within three months of the date of such order.", "name": "", "related_acts": "", "section_id": 105 }, { "act_id": 424, "details": "90A. For the purpose of this Order, any political party may be registered with the Commission subject to the conditions laid down in Article 90B.", "name": "", "related_acts": "", "section_id": 106 }, { "act_id": 424, "details": "90B. (1) If any political party desires to be registered, it shall-(a) fulfill one of the following conditions, namely- (i) secured at least one seat with its electoral symbol in any parliamentary election held since the independence of Bangladesh; or (ii) secured five percent of total votes cast in the constituencies in which its candidates took part in any of the aforesaid parliamentary elections; or  (iii) established a functional central office, by whatever name it may be called with a central committee 203,functional district offices in at least in one-third administrative districts, offices 204in at least one hundred Upazilas or Metropolitan Thana having a minimum number of two hundred voters as its members in each of them; and  (b) In addition to comply with the terms and conditions referred to in 205sub-clause(a), political party, disiring to be registered with the commission, shall have the following specific provisions in its constitution, namely-  (i) to elect the members of the committees at all levels including members of the central committee ; (ii) to fix the goal of reserving at least 33% of all committee positions for women including the central committee and successively achieving this goal by the year 2062030; (iii) to prohibit formation of any organization or body as its affiliated or associated body 207consisting of the teachers or students of any educational institution or the employees or labourers of any financial, commercial or industrial institution or establishment or the members of any other profession : Provided that nothing shall prevent them from organizing independently in their respective fields or forming association, society, trade union etc. and exercising all democratic and political rights, and individual, subject to the provisions of the existing laws, to be a member of any political party. (iv) to finalize nomination of candidate by central parliamentary board of the party in consideration of panels prepared by members of the Ward, Union, Thana, Upazila or District committee, as the case may be, of concerned constituency.  (2) If an independent member of parliament joins any unregistered political party, the fact of his joining shall not qualify that party for registration with the commission.", "name": "", "related_acts": "", "section_id": 107 }, { "act_id": 424, "details": "90C. (1) A political party shall not be qualified for registration under this Chapter, if- (a) the objectives laid down in its constitution are contrary to the Constitution of the People’s Republic of Bangladesh ; or  (b) any discrimination regarding religion, race, caste, language or sex is apparent in its constitution ; or (c) by name, flag, symbol or any other activity it threatens to destroy communal harmony or lead the country to cessation; or  (d) its constitution reflects the objectives of maintaining and nourishing party-less or one-party system; or  (e) there is any provision in its consititution for the establishment or operation of any office, branch or committee outside the territory of Bangladesh. (2) No political party shall be registered under a name, under which another political party has already been registered : Provided that where more than one party apply for registration with the same name and no party has already been registered under such name, the Commission may, after giving the parties reasonable opportunity of being heard, register any of the parties with such name. (3) Commission shall not register any political party banned by the Government.", "name": "", "related_acts": "", "section_id": 108 }, { "act_id": 424, "details": "90D. Any political party complying with the conditions laid down in Article 90A, Article 90B and not disqualified under Article 90C may apply for registration in the prescribed manner under the signature of its Chairman and General Secretary or any other person holding the equivalent rank : Provided that the Commission may allow any political party to apply for registration which has a provisional consititution containing provisions as specified under sub-clauses (b)(i), (b)(ii), (b)(iii) and (b)(iv) of clauses (1) of Article 90B as well as complying with the provisions under Article 90C along with a resolution of the highest policy-making body of the party, by whatever name it may be called, to the effect that the party shall submit a ratified consititution 208within 20930 (thirty) days from the date of application for registration.", "name": "", "related_acts": "", "section_id": 109 }, { "act_id": 424, "details": "90E. (1) The Commission shall, after taking a decision to register a political party, issue a registration certificate in the prescribed form and shall publish it in the Official Gazette. (2) If the application for registration of a political party is cancelled, the Commission shall, within seven working days, inform the concerned party of it in writing. (3) The decision on registration by the Commission shall be final.", "name": "", "related_acts": "", "section_id": 110 }, { "act_id": 424, "details": "90F. (1) Subject to the provision of clause (2), a registered political party shall be entitled to-  (a) receive donation or grants from any person, company, group of companies or non-government organization except the sources mentioned in clause (1) of Article 44CC : Provided that such amount of donation or grants shall not exceed the following limits, in a calendar year- (i) in the case of a person, taka 210ten lakh or property or service equivalent to it ;  (ii) in the case of a company or organization, taka 211fifty lakh or property or service equivalent to it ;  (b) one of the prescribed symbols for all the candidates set up by it in any election under this Order or rules according to the preference indicated by it and the symbols so allotted shall be kept reserved for it, unless it indicates its preference for any other prescribed symbol available ;  (c) one set of election rolls in compact disk (CD) or digital versatile disk (DVD) or any other electronic format at free of cost ; (d) broadcasting and telecasting facilities in the state-owned media during the general election to Parliament according to the principles and guidelines prescribed by the Commission ; and  (e) be consulted with by the Commission in respect of any matter relating to election, particularly problems of and measures for holding election fairly, peacefully and in accordance with this Order and rules. (2) No registered political party shall receive any gift, donation, grant or money from any other country, or non-government organization assisted by foreign aid or from any person who is not a Bangladeshi by birth or any organization established or maintained by such person.", "name": "", "related_acts": "", "section_id": 111 }, { "act_id": 424, "details": "90G. A registered political party shall inform the Commission in the prescribed manner about the compliance of the provisions in 212clause (1)(b) of Article 90B.", "name": "", "related_acts": "", "section_id": 112 }, { "act_id": 424, "details": "90H. (1) The registration of a political party may be cancelled for the following reasons, namely-  (a) if the party is declared dissolved according to the constitution of the party by the highest decision making body, by whichever name it is called, or an application is made to the Commission along with the minute for dissolution of the party under the signature of the chairman and general secretary of the party or any other person holding equivalent rank;  (b) if the political party is declared banned by the Government;  (c) if the political party fails to provide any information under this Order and rules to the Commission 213for three consecutive years;  (d) if the political party violates the provision of 214clause (1)(b) of Article 90B; 215***  (e) if the political party does not participate in the parliamentary elections for two consecutive terms 216; or (f) if the political party fails to submit a ratified constitution within the stipulated period as mentioned in the proviso of Article 90D. (2) The Commission shall, prior to cancellation of registration under 217sub-clauses (c), (d), (e) and (f) give the concerned political party an opportunity of being heard in the prescribed manner.  (3) No political party shall be registered in the name of a political party which has been declared dissolved.  (4) The name of the dissolved and cancelled political parties shall be published in the Official Gazette.", "name": "", "related_acts": "", "section_id": 113 }, { "act_id": 424, "details": "90I. If a registered political party is aggrieved by an order of cancellation of registration by the Commission, it may prefer an appeal to the High Court Division.", "name": "", "related_acts": "", "section_id": 114 }, { "act_id": 424, "details": "21891B. (1) The Commission may, for the purpose of ensuring free and air election, formulate a Code of Conduct not inconsistent with the Provisions of this Order. (2) Violation of any provision of the Code of Conduct shall be deemed to be pre-poll irregularity within the meaning of article 91A.", "name": "", "related_acts": "", "section_id": 115 }, { "act_id": 424, "details": "21991. 220* * * Save as otherwise provided, the Commission may-  (a) stop the polls at any polling station 221or entire constituency, as the case may be, at any stage of the 222polling if it is convinced that it shall not be able to ensure the conduct of the 223polling justly, fairly and in accordance with law due to malpractices, including coercion, intimidation and pressures, prevailing at the 224polling; 225(aa) withhold the result of any polling station or polling stations, if it is convinced that the result of such polling station or polling stations was grossly prejudiced by malpractices including coercion, intimidation, manipulation or otherwise, and after prompt inquiry of the matter, in a manner as it may deem appropriate, direct publication of the result of such polling station or polling stations or declare the election of any such polling station or polling stations cancelled with direction for holding of a fresh poll in such polling station or polling stations, as that may seem to it to be just and appropriate;  (b) review an order passed by an officer under this Order or the rules, including rejection or acceptance of a ballot paper; and  (c) issue such instructions and exercise such powers, and make such consequential orders as may, in its opinion, be necessary for ensuring that an election of any polling station is conducted impartially, justly and fairly, and in accordance with the provisions of this Order and the rules.", "name": "", "related_acts": "", "section_id": 116 }, { "act_id": 424, "details": "91A. (1) 226* * * The Commission shall establish a Committee to ensure the prevention and control of pre-poll irregularities, to be known as the Electoral Enquiry Committee, hereinafter refereed to as “the Committee.”  (2) 227* * * The Committee shall consist of such number of persons as may be determined by the Commission from amongst the Judicial Officers.  (3) 228* * * The Committee shall, on the basis of information received by it, or complaints made to it, or on its own initiative, inquire into any matter or situation which in its view may constitute an offence under this order, or 229any pre-poll irregularity including any situation or matter which, in its opinion, may involve, by any person whosoever, as act or omission constituting intimidation, obstruction, coercion, or the publication of false information, or any other act or omission intended to or actually resulting in the obstruction or frustration of the preparation for, or the conduct of, free and fair election in accordance with this Order and the rules.  (4) 230* * * In performing its function under this order, and subject to the direction of the Commission, the Committee may conduct any inquiry as it deems necessary before the election is over.  (5) 231* * * The Committee, in conducting such inquiry, shall have the right to:  (a) require, in writing, any person to appear before it and give evidence under oath or affirmation to it; and  (b) require, in writing, any person to produce any documents or objects under his control to it.  232(6) After conducting an inquiry, the Committee shall inform the Commission within three days of the inquiry and may make a recommendation which may include-  (a) proposals for any order, directive or instruction to be made by the Commission to any person responsible for any act to stop such act forthwith; or  (b) in the case of any omission, to perform any specific act, including, if necessary, the appropriate correction of any false information. 233(6a) After receiving the recommendation under clause (6), the Commission may issue necessary order or instruction to the concerned person, or registered political party to implement the recommendation.  (6b) Where, any order or instruction is issued under clause (6a), the concerned person or registered political party shall carry out the same instantly.  (6c) In the event of non-compliance of an order or instruction made under clause (6a), the Commission may impose a fine not exceeding taka one lakh but not less than taka twenty thousand upon the concerned person or registered political party, and by a notification published in the official Gazette, cancel the candidature of the candidate.  234(7) The Commission shall, for the purpose of clause (1), specify the acts and omissions which shall be deemed to be per-poll irregularities and shall publish them in the official Gazette or in such other manner as it deems fit.  (8) Any proceeding before the Committee shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Penal Code (Act XLV of 1860).  (9) The Committee shall have the powers of a civil Court, while trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of enforcing the attendance of any person and examining him on oath or affirmation and compelling the production of documents and material objects.", "name": "", "related_acts": "86", "section_id": 117 }, { "act_id": 424, "details": "23591C. (1) The Commission may permit in writing any person, whether national or foreign, as an election observer who is in no way associated with or affiliated to, any political party or contesting candidate and who is not known for his sympathy, direct or indirect, for any particular political ideology, creed or cause or for any manifesto, program, aims or object of any political party or contesting candidate. (2) An election observer may, in accordance with the guidelines issued by the Commission, observe any poll by staying, near about any polling station or entering into, with the permission of the Presiding Officer, any polling booth or polling station or by being present at the counting of votes or consolidation of the results of the count. (3) No election observer shall be allowed to observe the poll as aforesaid, unless he displays the permit of the Commission bearing his name, nationality and photograph attested by the Commission.  (4) An election observer may be asked by any Returning Officer or Presiding Officer to leave any constituency or polling station, if he is found indulging in any activities not befitting any neutral election observer or interfering with the polling process or with the work of the election authorities in any manner. (5) Any action taken under clause (4) shall be reported to the Commission forthwith. (6) An election observer may submit a report to the Commission or the Returning Officer on his observation about the fairness or otherwise of the poll, discipline and situation inside and outside the polling station, counting of votes, consolidation of the results of the count, compliance with the provisions of this Order or the rules or the Code of Conduct, or on any other matter relating to election. (7) Notwithstanding anything contained in this Order, the Commission or the Returning Officer, as the case may be, may consider the report of an election observer along with any other report submitted or sent to it or him under this Order at the time of taking any decision under any provision of this Order in respect of any matter on which the report of the observer has any bearing.", "name": "", "related_acts": "", "section_id": 118 }, { "act_id": 424, "details": "91D. (1) The Commission, while making an enquiry under any provision of this Order, shall have, for the purposes of such enquiry, all the powers of a civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:- (a) \tsummoning and enforcing the attendance of any person and examining him on oath; (b) \trequiring the discovery and production of any document or other material object producible as evidence; (c) \treceiving evidence on affidavit; (d)\trequisitioning any public record or any copy thereof from any Court or office; (e)\tissuing commission for examination of witnesses or documents. (2) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Penal Code (XLV of 1860). (3) The Commission shall be deemed to be a civil Court within the meaning of sections 476, 480 and 482 of the Code of Criminal Procedure, 1898 (V of 1898). (4) The Commission shall have the power to regulate its own procedure. (5) Any person holding an enquiry under any provision of this Order, under the authority or direction of the Commission shall have the same powers as are vested in the Commission under this Article.", "name": "", "related_acts": "86,75", "section_id": 119 }, { "act_id": 424, "details": "23691E. (1) Notwithstanding anything contained in this Order or rules, if it appears to the Commission on receiving an information from any source or written report that, any contesting candidate or his agent or any other person on his behalf, by his order or under his direct or indirect consent, engages or attempts to engage in any serious illegal activity or violates or attempts to violate any provision of this Order or rules or Code of Conduct for which he may be disqualified to be elected as a member, the Commission may pass an order for an investigation of the matter giving the contesting candidate a reasonable opportunity of being heard.  (2) After receiving the investigation report under clause (1), if the Commission is satisfied that, the report was true, the Commission may, by a written order, cancel the candidature of such candidate and in that event the election shall be held among the other contesting candidates of the concerned constituency; and where only one person remains as a contesting candidate because of cancellation of cadidature of the other contesting candidate, election shall be held under Article 17 for that constituency 237: 238Provided that the candidate whose candidature has been cancelled under this clause shall not be eligible to be elected under Article 17.  (3) Any order made under clause (2) shall be sent to the concerned candidate or his election agent by hand or by fax or by e-mail or by courier service or by any other possible means.  (4) The order made under clause (2) shall immediately be sent to the Returning Officer, Presiding Officer and other contesting candidates and the political party that has nominated such candidate.  (5) The order made under clause (2) shall be notified in the Official Gazette and in any other manner which the commission thinks fit.", "name": "", "related_acts": "", "section_id": 120 }, { "act_id": 424, "details": "92. No Court shall question the legality of any action taken in good faith by or under the authority of, the Commission, a Returning Officer, Presiding Officer or an Assistant Presiding Officer or any decision given by any of them or by any other officer or authority appointed under this Order or the rules.", "name": "", "related_acts": "", "section_id": 121 }, { "act_id": 424, "details": "93. No suit, prosecution or other legal proceeding shall lie against the Commission or any Officer or other person in respect of anything which is in good faith done or intended to be done under or in pursuance of this Order or of any rule or order made or any direction given thereunder.", "name": "", "related_acts": "", "section_id": 122 }, { "act_id": 424, "details": "23993A. The Government may provide the contesting candidates or the political parties which have nominated them as candidates with such facilities as it deems fit for the purpose of ensuring a fair election.", "name": "", "related_acts": "", "section_id": 123 }, { "act_id": 424, "details": "24094. The Commission may, by notification in the official Gazette, make rules for carrying out the purposes of this Order.", "name": "", "related_acts": "", "section_id": 124 }, { "act_id": 424, "details": "24194A. The Government shall publish an authentic text in Bangla of this Order in the Official Gazette after promulgation of his Ordinance: Provided that in case of conflict between the Bangla and the English text, the English text shall prevail.", "name": "", "related_acts": "", "section_id": 125 }, { "act_id": 424, "details": "95. The following laws are hereby repealed- (1) \tThe National and Provincial Assemblies (Election) Ordinance, 1970 (XIII of 1970). (2) \tThe Legal Frame Work Order, 1970 (P. O. No. 2 of 1970).", "name": "", "related_acts": "", "section_id": 126 } ], "text": "WHEREAS it is necessary to provide for the conduct of elections to Parliament and for matters connected therewith and incidental thereto; 1* NOW, THEREFORE, in pursuance to the provisions of paragraph 3 of the Fourth Schedule to the Constitution of the People's Republic of Bangladesh and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Order:" }

{ "id": 425, "lower_text": [], "name": "The Bangladesh Insurance Corporation (Dissolution) Order, 1972 (President's Order)", "num_of_sections": 3, "published_date": "30th December, 1972", "related_act": [ 410, 175 ], "repelled": false, "sections": [ { "act_id": 425, "details": "1. (1) This Order may be called the Bangladesh Insurance Corporation (Dissolution) 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": 425, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a) \t“Bangladesh Insurance Corporation” means the Bangladesh Insurance Corporation established by the Bangladesh Insurance Corporation Order, 1972 (P.O. No. 18 of 1972); (b) \t“Corporation” means the Teesta Bima Corporation established by the Bangladesh Insurance (Nationalisation) Order, 1972 (P.O. No. 95 of 1972); (c) \t“Government” means the Government of the People's Republic of Bangladesh; (d) \t“Insurer” means an insurer as defined in the Insurance Act, 1938 (Act IV of 1938), who carries on Insurance business in Bangladesh and includes a provident Society as defined in section 65 of that Act; (e) \t“Pakistan Insurance Corporation” means the Pakistan Insurance Corporation established by the Pakistan Insurance Corporation Act, 1952 (Act XXXVIII of 1952); and  (f) \t“subsidiary Corporation” means the Karnaphuli Bima Corporation, the Teesta Bima Corporation, the Surma Jiban Bima Corporation or the Rupsa Jiban Bima Corporation established by Article 4 of the Bangladesh Insurance (Nationalisation) Order, 1972 (P.O. No. 95 of 1972).", "name": "", "related_acts": "410,175,410", "section_id": 2 }, { "act_id": 425, "details": "3. Notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order- (a) \tThe Bangladesh Insurance Corporation shall stand dissolved with effect from 1st January, 1973; (b) \tall assets of the Bangladesh Insurance Corporation, except such cash assets which the Government may, by order, specify, shall stand transferred to, and vested in the Corporation: Explanation 1 – The expression “assets” includes rights, privileges, authorities, powers, properties, both movable and immovable, including cash balance, bank deposits, reserve funds, general reserves, investments, deposits and all other interests and rights in or arising out of such properties and all books of accounts and documents; Explanation 2 – The expression “Cash assets” includes cash balances, bank deposits, reserve funds, general reserves, investments deposits and all other interests and rights therein or arising thereout; (c) \tall cash assets of the Bangladesh Insurance Corporation which are not vested in the Corporation under sub-clause (b) shall be administered and disposed of in such manner as the Government may direct; (d) \tall offices and establishments of the Bangladesh Insurance Corporation shall be deemed to be offices and establishments of the Corporation; (e) \tsuch officers and employees of the Bangladesh Insurance Corporation who are citizens of, and employed in, Bangladesh shall be deemed to be officers and employees of the Corporation as may be specified by the Corporation on such terms and conditions as the Corporation may determine:  Provided that the provisions of Article 19 of the Bangladesh Insurance (Nationalisation) Order, 1972 (P.O. No. 95 of 1972), shall apply to all officers and employees who are employed by the Corporation by virtue of this sub-clause: Provided further that the Government may, by order, direct the Corporation to appoint such officers and employees of the Pakistan Insurance Corporation employed outside Bangladesh on such terms and conditions as the Government may determine; (f) \tall suits and other legal proceedings by or against the Bangladesh Insurance Corporation shall be deemed to be suits and proceedings by or against the Corporation; (g) \tall such liabilities or classes of liabilities (including book debts) of the Bangladesh Insurance Corporation as may be determined by the Government shall be liabilities or classes of liabilities of the Corporation, and shall be administered by the Corporation in the manner to be specified by the Government; (h) \tall amounts due to the insurers vested in the Teesta Bima Corporation and the Karnaphuli Bima Corporation established under the Bangladesh Insurance (Nationalisation) Order, 1972 (P.O. No. 95 of 1972) in respect of the reinsurance and the national co-insurance scheme shall be determined and the amount so determined to be due to the Karnaphuli Bima Corporation shall be paid to the Karnaphuli Bima Corporation; (i) \tThe Corporation shall pay to such shareholders of the Pakistan Insurance Corporation as are citizens of Bangladesh in respect of such shares as have not already vested in the Government by or under any law, and such compensation shall be determined and distributed among the shareholders in the manner prescribed by rules made under the Bangladesh Insurance (Nationalisation) Order, 1972 (P.O. No. 95 of 1972) for the purpose of making payment of compensation to the shareholders of an insurer: Provided that the total compensation payable 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. (j) \tthe Bangladesh Insurance Corporation Order, 1972 (P.O. No. 18 of 1972) shall stand repealed.", "name": "", "related_acts": "410,410,410", "section_id": 3 } ], "text": "WHEREAS it is expedient to provide for the dissolution of the Bangladesh Insurance Corporation, and for matters ancillary thereto; NOW, THEREFORE, in pursuance of paragraph 3 of the Fourth Schedule to the Constitution of the People’s Republic of Bangladesh, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-" }

{ "id": 426, "lower_text": [], "name": "The Bangladesh (Adaptation of University Laws) Ordinance, 1972", "num_of_sections": 2, "published_date": "5th January, 1972", "related_act": [ 426 ], "repelled": false, "sections": [ { "act_id": 426, "details": "1. (1) This Ordinance may be called the Bangladesh (Adaptation of University Laws) Ordinance, 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": "Short title and commencement", "related_acts": "426", "section_id": 1 }, { "act_id": 426, "details": "2. (1) As from the 16th day of December, 1971, the university laws mentioned in sub-section (2) shall, until repealed or altered or amended by the Legislature of Bangladesh or any other competent authority, be subject to the adaptations specified in that sub-section. E. P. Ord. No. XXIII of 1961. E. P. Ord. No. XXVIII of 1961 E. P. Ord. No. XXXVI of 1961. E. P. Ord. No. IX of 1966. E. P. Ord. No. XXI of 1970 (2) In the Rajshahi University Ordinance, 1961, the Dacca University Ordinance, 1961, the East Pakistan Agricultural University Ordinance, 1961, the East Pakistan Engineering and Technological University Ordinance, 1961, the Chittagong University Ordinance, 1966, and the Jahangirnagar Muslim University Ordinance, 1970, 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": "Adaptation of University laws", "related_acts": "", "section_id": 2 } ], "text": "An Ordinance to adapt the university laws in Bangladesh. WHEREAS it is expedient to adapt the university laws 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 and promulgate the following Ordinance:-" }

{ "id": 427, "lower_text": [ "1 The word “spouse” was substituted for the word “wife” by section 2(a) of The Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (With effect from 1st July, 2010).", "2 Semi-colon (;) was substituted at the end of full-stop (.) and new clause (d) was inserted by section 2(b) of The Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (With effect from 1st July, 2010).", "3 The bracket and figure “1” was omitted by section 2(b) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2012 (Act No. XVII of 2012).", "4 The figure and commas “1,05,000” were substituted for the figure and comma “53,100” by section 2 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXII of 2016) (With effect from 1st July, 2015).", "5 The figure and comma “92,000” were substituted for the figure and comma “47,800” by section 2 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXII of 2016) (With effect from 1st July, 2015).", "6 The figure and comma “86,500” were substituted for the figure and comma “45,150” by section 2 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXII of 2016) (With effect from 1st July, 2015).", "7 Sub-section (2) was omitted by section 2(a) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2012 (Act No. XVII of 2012).", "8 The figure, comma and word “4,500 kilogram” were substituted for the words “one hundred and twenty maunds” by section 4 of The Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (With effect from 1st July, 2010).", "9 The words “or a Minister of State” were inserted by section 3 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 1975 (Act No. XI of 1975)", "10 Section 5 was substituted by section 3 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 1992 (Act No. XVII of 1992)", "11 The figure and comma “10,000” were substituted for the figure and comma “6,000” by section 3 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXII of 2016) (With effect from 1st July, 2016).", "12 The figure and comma “7,500” were substituted for the figure and comma “4,000” by section 3 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXII of 2016) (With effect from 1st July, 2016).", "13 The figure and comma “5,000” were substituted for the figure and comma “3,000” by section 3 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXII of 2016) (With effect from 1st July, 2016).", "14 Section 6 was substituted by section 3 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 2003 (Act No. XXII of 2003)", "15 The words “no charge shall fall on him in respect of its maintenance” were substituted for the words “he shall be entitled to receive every year for maintenance of such residence an amount of money equivalent to three months’ house rent allowance admissible to him under this Act” by section 2 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 1993 (Act No. XXVI of 1993)", "16 The figures and commas “5,00,000” was substituted for the figures and commas “1,50,000” by section 5(a) of The Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (With effect from 1st July, 2010).", "17 The figures and commas “4,00,000” was substituted for the figures and commas “1,00,000” by section 5(a) of The Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (With effect from 1st July, 2010).", "18 Sub-section 4A was inserted by section 2 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Ordinance, 1978 (Ordinance No. XL of 1978)", "19 The figure “40,000” was substituted for the figure “32,500” by section 4 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Ordinance, 1985 (Ordinance No. XLIV of 1985)", "20 Sub-section (3) was substituted by section 4(a) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXII of 2016) (With effect from 1st July, 2016).", "21 Sub-section (4) was omitted by section 4(b) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXII of 2016) (With effect from 1st July, 2016).", "22 The figure and word “112 kilogram” were substituted for the words “three maunds” by section 6(a) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "23 The figure and word “224 kilogram” were substituted for the words “six maunds” by section 6(a) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "24 Clause (aa) was inserted by section 6 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 1975 (Act No. XI of 1975)", "25 The figure and word “112 kilogram” were substituted for the words “three maunds” by section 6(a) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "26 The words “a Minister of State or” were omitted by section 6 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 1975 (Act No. XI of 1975)", "27 The figure and word “112 kilogram” were substituted for the words “three maunds” by section 6(a) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "28 The figure and word “112 kilogram” were substituted for the words “three maunds” by section 6(b) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "29 Clause (aa) was inserted by section 6 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 1975 (Act No. XI of 1975)", "30 The figure and word “112 kilogram” were substituted for the words “three maunds” by section 6(b) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "31 The words “Minister of State or” were omitted by section 6 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 1975 (Act No. XI of 1975)", "32 The figure and word “112 kilogram” were substituted for the words “three maunds” by section 6(b) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "33 The figure and word “45.00 kilogram” were substituted for the words “one hundred pounds” by section 6(c) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "34 The words and commas “made by the Government or, if such aeroplane or a helicopter is not available, to hire at the cost of the Government an aeroplane or a helicopter belonging to any other body or authority, the manner of use of which shall be determined by the Government” were substituted for the words “made by the Government” by section 2 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 1988 (Act No. VI of 1988)", "35 The figure and word “112 kilogram” were substituted for the words “three maunds” by section 6(c) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "36 Clause (aa) was inserted by section 6 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 1975 (Act No. XI of 1975)", "37 The figure and word “34.00 kilogram” were substituted for the words “seventy five pounds” by section 6(c) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "38 Sub-clause (iii) was substituted by section 2 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 1988 (Act No. VI of 1988)", "39 The words “Minister of State or” were omitted by section 6 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 1975 (Act No. XI of 1975)", "40 Sub-clause (iii) was substituted by section 2 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 1988 (Act No. VI of 1988)", "41 The figure and word “8.00 kilometer” were substituted for the words “five miles” by section 6(d) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "42 The figure and word “112 kilogram” were substituted for the words “three maunds” by section 6(d) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "43 The figure and commas “8,00,000” were substituted for the figure and commas “5,00,000” by section 5 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXII of 2016) (With effect from 1st July, 2016).", "44 The words “Minister of State or” were inserted by section 7 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 1975 (Act No. XI of 1975)", "45 The word and figure “Taka 750” were substituted for the word and figure “Taka 225” by section 5 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 2003 (Act No. XXII of 2003)", "46 The figure and comma “2,000” were substituted for the figure “750” by section 6(a) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXII of 2016) (With effect from 1st July, 2016).", "47 Sub-section (2) was substituted by section 7 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 1975 (Act No. XI of 1975)", "48 The word and figure “Taka 600” were substituted for the word and figure “Taka 200” by section 5 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 2003 (Act No. XXII of 2003)", "49 The figure and comma “1,500” were substituted for the figure “600” by section 6(b) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXII of 2016) (With effect from 1st July, 2016).", "50 The figure and word “8.00 kilometer” were substituted for the words “five miles” by section 7 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "51 Section 13 was substituted for section 13 by section 8 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "52 Section 14 was substituted by section 9 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 1975 (Act No. XI of 1975)", "53 The words “Ministry of Establishment” were substituted for the words “Establishment Division” by section 9(a) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "54 The words “Assistant Secretary or Senior Assistant Secretary” were substituted for the words “Section Officer” by section 9(b) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "55 The words “Ministry of Establishment” were substituted for the words “Establishment Division” by section 9(a) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "56 Clause (c) was substituted for clause (c) by section 9(c) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "57 Clauses (f) and (g) were substituted by section 2 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges)(Amendment) Act, 1990 (Act No. XVIII of 1990)", "58 The word “MLSS” was substituted for the word “peons” by section 9(d) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "59 The words “Ministry of Establishment” were substituted for the words “Establishment Division” by section 9(a) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "60 The words “Assistant Secretary or Senior Assistant Secretary” were substituted for the words “Section Officer” by section 9(b) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "61 Clause (e) was substituted by section 2 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 1990 (Act No. XVIII of 1990)", "62 The word “MLSS” was substituted for the word “peons” by section 9(d) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "63 Section 15A was substituted for section 15A by section 10 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "64 Sections 16A and 16B were inserted by section 7 of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2003 (Act No. XXII of 2003)", "65 The word, figure and commas “Taka 4,00,000” were substituted for the word, figure and commas “Taka 3,00,000” by section 11(a) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "66 The figure and commas “10,00,000” were substituted for the figure and commas “4,00,000” by section 7(a) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXII of 2016) (With effect from 1st July, 2016).", "67 The word, figure and commas “Taka 3,00,000” were substituted for the word, figure and commas “Taka 2,00,000” by section 11(b) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "68 The figure and commas “7,50,000” were substituted for the figure and commas “3,00,000” by section 7(b) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXII of 2016) (With effect from 1st July, 2016).", "69 The word, figure and commas “Taka 3,00,000” were substituted for the word, figure and commas “Taka 1,50,000” by section 11(c) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XIX of 2010) (with effect from 1st July, 2009).", "70 The figure and commas “5,00,000” were substituted for the figure and commas “3,00,000” by section 7(c) of the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXII of 2016) (With effect from 1st July, 2016)." ], "name": "The Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) Act, 1973", "num_of_sections": 27, "published_date": "15th June, 1973", "related_act": [ 427 ], "repelled": false, "sections": [ { "act_id": 427, "details": "1. (1) This Act may be called the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) Act, 1973. (2) It shall come into force at once.", "name": "Short title and commencement", "related_acts": "427", "section_id": 1 }, { "act_id": 427, "details": "2. (1) In this Act, unless there is anything repugnant in the subject or context,- (a)\t“family”, in relation to a Minister, Minister of State or Deputy Minister, means his 1spouse and children residing with and wholly dependent on him; (b)\t“maintenance”, in relation to an official residence, includes the payment of local rates and taxes and the provision of telephone, electricity, gas and water; (c)\t“official residence” means the house reserved from time to time for the use of a Minister, Minister of State or Deputy Minister and includes the staff quarters and other buildings appurtenant thereto, and the gardens of the residence.2;  (d) “home residence” means the own residence of a Minister other than the official residence. (2) Other words and expressions used in this Act and not defined shall have the meanings assigned to them in the Fundamental and Supplementary Rules.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 427, "details": "3. 3*** There shall be paid per mensem to a Minister a salary of Taka 41,05,000, a Minister of State Taka 592,000 and a Deputy Minister Taka 686,500. 7***", "name": "Salary", "related_acts": "", "section_id": 3 }, { "act_id": 427, "details": "(2) The salary of a Minister, Minister of State or Deputy Minister shall not be liable to any tax.", "name": "Tax free", "related_acts": "", "section_id": 4 }, { "act_id": 427, "details": "4. (1) A Minister, Minister of State or Deputy Minister shall be entitled to receive travelling expenses to the extent mentioned below for the journey from his ordinary place of residence to the seat of the Government on taking up office and from the seat of the Government to his ordinary place of residence on laying down office- (a)\tthe actual travelling expenses for himself and his family; (b)\tthe cost of transporting household effects, not exceeding 84,500 kilogram, by goods train, steamer or other craft, excluding aircraft, and his personal car, if any.", "name": "Allowance on taking up and laying down office", "related_acts": "", "section_id": 5 }, { "act_id": 427, "details": "(2) A Minister 9or a Minister of State shall, in addition to the travelling expenses mentioned in sub-section (1), be entitled to the cost of transporting personal servants, not exceeding two, by the lowest class of accommodation. (3) No travelling expense shall be admissible under sub-section (1) or sub-section (2) if the journey or transportation is not performed or effected within six months of the date of taking up or laying down the office, as the case may be.", "name": "Cost of transporting personal servants", "related_acts": "", "section_id": 6 }, { "act_id": 427, "details": "105. There shall be paid per mensem a sumptuary allowance of Taka 1110,000 to a Minister, Taka 127,500 to a Minister of State and Taka 135,000 to a Deputy Minister.", "name": "Sumptuary allowance", "related_acts": "", "section_id": 7 }, { "act_id": 427, "details": "146. A Minister, Minister of State or a Deputy Minister shall be entitled to use of- (a)\tan official car maintained at Government expense; and (b)\tan additional Jeep for essential official business, particularly for travelling on official tour outside Dhaka to be provided by the attached Department/ Corporation/ Directorate of the Ministries/ Divisions concerned. In case the directorates or agencies cannot provide the transport, Finance Ministry will allocate necessary fund for procurement of the transport. The expenditure thereupon shall be subject to such conditions as may be prescribed by the Government.", "name": "Transport", "related_acts": "", "section_id": 8 }, { "act_id": 427, "details": "7. (1) A Minister, Minister of State or Deputy Minister shall be entitled, without payment of rent, to the use of an official residence and 15no charge shall fall on him in respect of its maintenance.", "name": "Official residence", "related_acts": "", "section_id": 9 }, { "act_id": 427, "details": "(2) An official residence shall be furnished by the Government at a cost- (a)\tnot exceeding Taka 165,00,000 in the case of a Minister; and (b)\tnot exceeding Taka 174,00,000 in the case of a Minister of State or Deputy Minister; and the items of furniture and other materials with which such residence may be furnished shall be determined by the Government.", "name": "Furnished residence", "related_acts": "", "section_id": 10 }, { "act_id": 427, "details": "18(4A) Where a Minister, Minister of State or Deputy Minister chooses to reside in his own house, and such house has no guard shed for accommodating house guard, the Government may construct a temporary guard shed in that house at an expenditure not exceeding Taka 1940,000; and the guard shed so constructed shall be dismantled and removed when the Minister, Minister of State or Deputy Minister ceases to hold office.", "name": "Guard shed", "related_acts": "", "section_id": 11 }, { "act_id": 427, "details": "(5) A Minister, Minister of State or Deputy Minister shall be entitled to reside in his official residence or in the residence hired by him for a period of one month immediately after laying down his office and no charge in respect thereof shall fall on him during that period.", "name": "Residence after laying down office", "related_acts": "", "section_id": 12 }, { "act_id": 427, "details": "20(3) If a Minister, Minister of State or Deputy Minister resides in a house other than his official residence, he shall be entitled to receive; (a) as house rent an amount of- (i) Taka 80,000 per mensem, in the case of a Minister; (ii) Taka 70,000 per mensem, in the case of a Minister of State or Deputy Minister; and (b) every year for maintenance of such house, an amount equivalent to three months house rent admissible to him under this section; and (c) all costs for supply of electricity, gas, water, telephone and the like at such residence. 21***", "name": "Actual expenditure", "related_acts": "", "section_id": 13 }, { "act_id": 427, "details": "8. (1) Subject to the provisions made hereinafter, a Minister, Minister of State or Deputy Minister travelling on official duty shall be treated as a very important person. (2) When travelling by rail- (a)\ta Minister shall be entitled- (i)\tto requisition at the cost of the Government a reserved railway saloon, if available, or a two-berthed or four-berthed first class compartment including an air-conditioned compartment, if available on the train; (ii)\tto take with him up to two personal attendants by the lowest class of accommodation when travelling by a two-berthed or four-berthed railway compartment; (iii)\tto the carriage of personal luggage up to 22112 kilogram when travelling by a railway compartment or up to 23224 kilogram when travelling by a requisitioned railway saloon; and (iv)\tto take with him, without payment of any fare, the members of his family, not exceeding four, when travelling in a requisitioned railway compartment or a saloon; and 24(aa) a Minister of State shall be entitled- (i) \tto requisition at the cost of the Government a reserved railway saloon, if available, or a two-berthed or four-berthed first class compartment including an air-conditioned compartment, if available on the train; (ii)\tto take with him one personal attendant by the lowest class of accommodation on the train; and (iii)\tto the carriage of personal luggage up to 25112 kilogram; and (b)\t 26* * * a Deputy Minister shall be entitled- (i)\tto the highest class of accommodation on the train; (ii)\tto take with him one personal attendant by the lowest class of accommodation on the train; and (iii)\tto the carriage of personal luggage up to 27112 kilogram. (3) When travelling by steamer- (a)\ta Minister shall be entitled- (i)\tto the actual fare paid for himself and one incidental fare (without diet) of the highest class of accommodation in addition to the actual fare paid for himself; (ii)\tto take with him four members of his family; (iii)\tto take with him up to two personal attendants by the lowest class of accommodation; and (iv)\tto the carriage of personal luggage up to 28112 kilogram; and 29(aa) \ta Minister of State shall be entitled- (i)\tto draw the actual fare paid for himself; (ii)\tto take with him four members of his family; (iii)\tto take with him one personal attendant by the lowest class of accommodation; (iv)\tto the carriage of personal luggage up to 30112 kilogram; and (b)\t a 31* * * Deputy Minister shall be entitled- (i)\tto draw the actual fare paid for himself; (ii)\tto take with him one personal attendant by the lowest class of accommodation; (iii)\tto the carriage of personal luggage up to 32112 kilogram. (4) A Minister, Minister of State or Deputy Minister may, if the public interest so demands, travel by air, and when so travelling- (a)\ta Minister shall be entitled- (i)\tto the actual air fare paid for himself; (ii)\tto the cost of transporting personal luggage up to 3345.00 kilogram inclusive of the free allowance given by the air company; (iii)\tto requisition at the cost of the Government, if he considers it necessary in the public interest, an aeroplane, or a helicopter, belonging to the Government, subject to availability, in accordance with the rules 34made by the Government or, if such aeroplane or a helicopter is not available, to hire at the cost of the Government an aeroplane or a helicopter belonging to any other body or authority, the manner of use of which shall be determined by the Government. (iv)\tto take with him one member of his family when travelling by a commercial aeroplane or such number of members of his family as may be accommodated in the aeroplane when travelling by a requisitioned aeroplane; (v)\teither or take with him at Government cost by air one personal attendant or peon or to the cost of transporting up to two personal attendants by the lowest class of accommodation and of transporting personal luggage up to 35112 kilogram by rail or steamer; and 36(aa) \ta Minister of State shall be entitled- (i)\tto the actual air fare paid for himself; (ii)\tto the cost of transporting personal luggage up to 3734 kilogram inclusive of the free allowance given by the air company; 38(iii) \tto send indent for, if he considers it necessary in the public interest, an aeroplane or a helicopter, belonging to the Government subject to availability, in accordance with the rules made by the Government or, if such aeroplane or helicopter is not available, to hire at the cost of the Government an aeroplane or a helicopter belonging to any other body or authority or organisation, the manner of use of which shall be determined by the Government. (iv)\tto take with him at Government cost by air one personal attendant or peon; and (b)\ta 39* * * Deputy Minister shall be entitled- (i)\tto the actual air fare paid for himself; (ii)\tto the cost of transporting personal luggage up to 34.00 kilogram inclusive of the free allowance given by the air company; 40(iii) \tto send indent for, if he considers it necessary in the public interest, an aeroplane or a helicopter, belonging to the Government subject to availability, in accordance with the rules made by the Government or, if such aeroplane or helicopter is not available, to hire at the cost of the Government an aeroplane or a helicopter belonging to any other body or authority or organisation, the manner of use of which shall be determined by the Government. (5) In respect of a journey performed by road beyond a radius of 418.00 kilometer from his headquarters, a Minister, Minister of State or Deputy Minister shall be entitled to the actual cost of transporting- (a)\tnot more than two personal attendants, in the case of a Minister, and one personal attendant, in the case of a Minister of State or Deputy Minister, provided the attendant travelled by a conveyance other than that by which the Minister or the Minister of State or the Deputy Minister travelled; and (b)\tup to a maximum of 42112 kilogram of personal luggage, provided the journey is performed to a place of halt in respect of which daily allowance is admissible.", "name": "Journeys within Bangladesh", "related_acts": "", "section_id": 14 }, { "act_id": 427, "details": "9. For journeys by air a Minister, Minister of State or Deputy Minister shall be provided with insurance cover for Taka 438,00,000 on annual basis at Government expense.", "name": "Insurance cover for air journey", "related_acts": "", "section_id": 15 }, { "act_id": 427, "details": "10. (1) A Minister 44or Minister of State, while on tour, shall be entitled to a daily allowance at the rate of 45Taka 462,000 for each day of halt or a part of a day of absence from his headquarters, and such allowance shall be admissible at full rate for the first ten days of each continuous halt, at three-fourths of the full rate for the next twenty days and at half of the full rate thereafter. 47(2) A Deputy Minister, while on tour, shall be entitled to a daily allowance at the rate of 48Taka 491,500 for each day of halt or a part of a day of absence from the headquarters, and such allowance shall be admissible at full rate for the first ten days of each continuous halt, at three-fourths of the full rate for the next twenty days and at half of the full rate thereafter.", "name": "Daily allowance during halt", "related_acts": "", "section_id": 16 }, { "act_id": 427, "details": "(3) A halt on tour shall be treated as continuous halt unless terminated by an absence at a distance from the halting place exceeding 508.00 kilometer for a period of not less than seven nights. (4) While on tour, a Minister, Minister of State or Deputy Minister shall not pay any rent, rate, electricity charge, water charge or conservancy charge for the Circuit House or any other Government accommodation.", "name": "Halt on tour", "related_acts": "", "section_id": 17 }, { "act_id": 427, "details": "11. A Minister, Minister of State or Deputy Minister shall be his own Controlling Officer.", "name": "Controlling Officer", "related_acts": "", "section_id": 18 }, { "act_id": 427, "details": "12. A Minister, Minister of State or Deputy Minister travelling on official business outside Bangladesh shall be entitled to such allowances as may be prescribed by the Government.", "name": "Travelling allowance for journeys abroad", "related_acts": "", "section_id": 19 }, { "act_id": 427, "details": "5113.(1) A Minister, Minister of State or Deputy Minister and his family shall be entitled to such medical facilities as may be prescribed by rules made under this Act. (2) Until rules are made under sub-section (1), Medical Attendance Rules, 1950 shall be applicable to a Minister, Minister of State or Deputy Minister and his family.", "name": "Medical facilities", "related_acts": "", "section_id": 20 }, { "act_id": 427, "details": "5214. (1) A Minister or a Minister of State shall be entitled to- (a)\tone Private Secretary, preferably of the rank of Deputy Secretary to the Government to be appointed at the choice of the Minister or the Minister of State, as the case may be, from amongst Class I Government Servants: Provided that the status of a Private Secretary shall be determined by the 53Ministry of Establishment; (b)\tone Assistant Private Secretary, preferably of the rank of 54 Assistant Secretary or Seinor Assistant Secretary, to be appointed at the choice of the Minister or the Minister of State as the case may be, from amongst the Section Officers or from outside: Provided that the status of the Assistant Private Secretary shall, when appointed from outside, be determined by the 55Ministry of Establishment: Provided further that a person appointed as Assistant Private Secretary from outside shall hold his post during the pleasure of the Minister or the Minister of State as the case may be and so long as the Minister or the Minister of State holds his office; 56(c) two Personal Officers of grade 10 of the National Pay Scale or Personal Assistants of grade 14 of the National Pay Scale to be appointed from outside at the choice of the Minister or the Minister of State and such a person shall hold his post during the pleasure of the Minister or the Minister of State, as the case may be, and so long as the Minister or the Minister of State holds his office; (d)\tone Jamadar; (e)\tone orderly; 57(f)\ttwo 58MLSS to be appointed at the choice of the Minister or the Minister of State, as the case may be, from outside at a consolidated pay to be fixed by the Government from time to time; (g)\tone cook to be appointed at the choice of the Minister or the Minister of State, as the case may be, from outside at a consolidated pay to be fixed by the Government from time to time:  Provided that a person appointed as peon or cook shall hold his post during the pleasure of the Minister or the Minister of State, as the case may be, and so long as the Minister or the Minister of State holds his office. (2) a Deputy Minister shall be entitled to- (a)\tone Private Secretary of the rank not above that of a 59Ministry of Establishment, to be appointed at the choice of the Deputy Minister from amongst the 60 Assistant Secretary or Seinor Assistant Secretary or from outside: Provided that, the rank of the Private Secretary appointed from outside shall be determined by the Establishment Division: Provided further that a person appointed as Private Secretary from outside shall hold his post during the pleasure of the Deputy Minister and so long as the Deputy Minister holds his office; (b)\tone personal assistant; (c)\tone Jamadar; (d)\tone orderly; and 61(e)\tone 62MLSS to be appointed at the choice of the Deputy Minister from outside at a consolidated pay to be fixed by the Government from time to time: Provided that a person appointed as peon shall hold his post during the pleasure of the Deputy Minister and so long as the Deputy Minister holds his office.", "name": "Personal Staff", "related_acts": "", "section_id": 21 }, { "act_id": 427, "details": "15. A Minister shall be entitled to have one telephone installed at his home residence at Government expense where facilities for such installation are available and no charge shall fall on him in respect thereof.", "name": "Telephone at home residence", "related_acts": "", "section_id": 22 }, { "act_id": 427, "details": "6315A. A Minister, Minister of State and Deputy Minister shall be entitled to have telephone, internet or Information Communication Technology (ICT) at office & official residence and mobile phone facilities as provided in the Integrated Government Telephone Policies.", "name": "Telephone at office and official residence, mobile phone, etc.facilities", "related_acts": "", "section_id": 23 }, { "act_id": 427, "details": "6416A. The Government may, from time to time, by the notification in the official Gazette, issue orders for carrying out the purposes of this Act.", "name": "Power to issue order", "related_acts": "", "section_id": 24 }, { "act_id": 427, "details": "16B. 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": 25 }, { "act_id": 427, "details": "16. (1) There shall be placed at the disposal of a Minister, Minister of State or Deputy Minister as discretionary grant an amount- (a)\tnot exceeding 65Taka 6610,00,000 per annum, in the case of a Minister; (b)\tnot exceeding 67Taka 687,50,000 per annum, in the case of a Minister of State; and (c)\tnot exceeding 69Taka 705,00,000 per annum, in the case of a Deputy Minister. (2) The expenditure from the discretionary grant shall be subject to such conditions as may be prescribed by the Government.", "name": "Discretionary Grant", "related_acts": "", "section_id": 26 }, { "act_id": 427, "details": "17. The Ministers (Remuneration and Privileges) Rules, 1972, the Ministers of State (Remuneration and Privileges) Rules, 1972, the Ministers (Remuneration and Privileges) Ordinance, 1973 (III of 1973), the Ministers of State (Remuneration and Privileges) Ordinance, 1973 (V of 1973) and the Deputy Ministers' (Remuneration and Privileges) Ordinance, 1973 (IV of 1973), are hereby repealed.", "name": "Repeals", "related_acts": "", "section_id": 27 } ], "text": "An Act to provide for the remuneration and privileges of the Ministers, Ministers of State and Deputy Ministers of the People’s Republic of Bangladesh. WHEREAS it is expedient to provide for the remuneration and privileges of the Ministers, Ministers of State and Deputy Ministers of the People’s Republic of Bangladesh;" }

{ "id": 428, "lower_text": [ "1 The word “twenty” was substituted for the word “five” by section 2 of the Insurance Corporations (Amendment) Ordinance, 1986 (Ordinance No. VIII of 1986)", "2 Section 14A was inserted by section 2 of the Insurance Corporations (Amendment) Ordinance, 1984 (Ordinance No. LI of 1984)", "3 The words “Chief Controller of Insurance” were substituted for the words “Controller of Insurance” by section 2 of the Insurance Corporations (Amendment) Act, 1996 (Act No. XVI of 1996)", "4 The words “Chief Controller of Insurance” were substituted for the words “Controller of Insurance” by section 3 of the Insurance Corporations (Amendment) Act, 1996 (Act No. XVI of 1996)", "5 Section 23 was substituted by section 3 of the Insurance Corporations (Amendment) Ordinance, 1984 (Ordinance No. LI of 1984)", "6 Sub-section (1) was substituted by section 2 of the Insurance Corporations (Amendment) Act, 1990 (Act No. XXIX of 1990)", "7 Section 23A was substituted by section 3 of the Insurance Corporations (Amendment) Act, 1990 (Act No. XXIX of 1990)", "8 The Colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 4 of the Insurance Corporations (Amendment) Act, 1990 (Act No. XXIX of 1990)", "9 The words “Chief Controller of Insurance” were substituted for the words “Controller of Insurance” by section 4 of the Insurance Corporations (Amendment) Act, 1996 (Act No. XVI of 1996)" ], "name": "The Insurance Corporations Act, 1973", "num_of_sections": 36, "published_date": "23rd June, 1973", "related_act": [ 410, 428, 306, 175 ], "repelled": true, "sections": [ { "act_id": 428, "details": "1. (1) This Act may be called the Insurance Corporations Act, 1973. (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 14th May, 1973.", "name": "Short title, extent and commencement", "related_acts": "428", "section_id": 1 }, { "act_id": 428, "details": "2. (1) In this Act, 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 section 4; (d)\t“Director” means a Director of a Corporation; (e)\t“insurer” means an insurer as defined in the Insurance Act, 1938 (Act IV of 1938), who carries on insurance business in Bangladesh and includes a provident society as defined in section 65 of that Act;  (f)\t“Managing Director” means a Managing Director of a Corporation; (g)\t“Order” means the Bangladesh Insurance (Nationalisation) Order, 1972 (P.O. No. 95 of 1972); (h)\t“Prescribed” means prescribed by rules made under this Act. (2) All other words and expressions used in this Act but not defined and defined in the Insurance Act, 1938 (Act IV of 1938), shall have the meanings respectively assigned to them in that Act.", "name": "Definitions", "related_acts": "175,410,175", "section_id": 2 }, { "act_id": 428, "details": "3. The provisions of this Act and any rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.", "name": "This Act and rules to override other laws", "related_acts": "", "section_id": 3 }, { "act_id": 428, "details": "4. (1) On the commencement of this Act, there shall be established two Corporations to be called the Jiban Bima Corporation and the Sadharan Bima Corporation. (2) Each Corporation shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and shall by its name sue and be sued.", "name": "Establishment of the Corporations", "related_acts": "", "section_id": 4 }, { "act_id": 428, "details": "5. The authorised capital of each Corporation shall be Taka 1twenty crore to be subscribed by the Government from time to time according to the requirements of the Corporation and in such form and manner as may be prescribed.", "name": "Capital", "related_acts": "", "section_id": 5 }, { "act_id": 428, "details": "6. (1) Subject to rules made under this Act, the general direction and administration of the affairs and business of each 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) Each Board in discharging its functions shall act on commercial considerations having due regard to public interest generally. (3) Each Board shall be guided on questions of policy by such general or special instructions as may be given to it by the Government from time to time and, if any question arises as to whether any question is a question of policy or not, the decision of the Government shall be final.", "name": "General direction", "related_acts": "", "section_id": 6 }, { "act_id": 428, "details": "7. (1) The Board of each Corporation shall consist of the Managing Director and six other 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 the experience and shown capacity in the field of insurance. (2) The Government shall appoint one of the Directors, other than the Managing Director, to be the Chairman of the Board. (3) The Chairman and other Directors of a Corporation, other than the Managing Director, shall, unless removed earlier, hold office for a term of three years and shall be eligible for re-appointment: Provided that the Government may at any time remove any Director, including the Chairman, from office and appoint in his stead another person to fill the vacancy. (4) The Chairman or any other Director may at any time resign his office by notice in writing addressed to the Government: Provided that no resignation shall take effect until it has been accepted by the Government.", "name": "Board", "related_acts": "", "section_id": 7 }, { "act_id": 428, "details": "8. (1) The Managing Director shall be appointed by the Government for such period and on such salary, terms and conditions as the Government may determine. (2) The Managing Director shall- (a)\tbe a Director of the Board; (b)\tbe a whole time officer and the chief executive of the Corporation;  (c)\texercise such powers, perform such functions and discharge such duties as may be entrusted to him by the Government or as may be prescribed or assigned to him by the Board from time to time; and (d)\tdivest himself of any directorship held by him in any other corporation, company or concern otherwise than on behalf of the Corporation. (3) If, in the opinion of the Government, the Managing Director appointed under sub-section (1) is, for illness or for any other reason, incapable of performing his duties under this Act, the Government may appoint another person to perform the duties of the Managing Director during the period of such incapability, and the person so appointed shall be exempt from the provision of clause (d) of sub-section (2).", "name": "Managing Director", "related_acts": "", "section_id": 8 }, { "act_id": 428, "details": "9. No person shall be or shall continue to be a Director of a Corporation who- (a)\tis or at any time has been adjudicated insolvent; (b)\tis found to be a lunatic or of unsound mind; (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; (d)\tis a minor; (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; (f)\tis, except in the case of the Managing Director, a salaried official of the Corporation; or (g)\tis not a citizen of Bangladesh or acquires the citizenship of or affirms or acknowledges allegiance to, a foreign State.", "name": "Qualifications and disqualifications of Directors", "related_acts": "", "section_id": 9 }, { "act_id": 428, "details": "10. (1) The meetings of a Board shall be held at such times and places as may be prescribed: Provided that a meeting may also be otherwise convened by the Managing Director, if the Chairman so directs. (2) To constitute a quorum at a meeting of the Board not less than three Directors, shall be present. (3) At a meeting of a 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 of a Board is unable to be present at a meeting a Director elected by the Directors present shall preside over the meeting. (6) 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.", "name": "Meetings of the Board", "related_acts": "", "section_id": 10 }, { "act_id": 428, "details": "11. Each Board may appoint such committee or committees as it thinks fit to assist it in the efficient discharge of its functions.", "name": "Committees", "related_acts": "", "section_id": 11 }, { "act_id": 428, "details": "12. (1) Subject to the rules made under this Act, it shall be the function of- (a)\tthe Jiban Bima Corporation to carry on all kinds of life insurance and reinsurance business; and (b)\tthe Sadharan Bima Corporation to carry on all kinds of general insurance and reinsurance business, whether in or outside Bangladesh. (2) Without prejudice to the generality of the foregoing provisions, every Corporation shall, in particular, have power- (a)\tto acquire, hold and dispose of any property for the purpose of its business; (b)\tto transfer the whole or any part of its insurance business carried on outside Bangladesh to any other person or persons, if in the interest of the Corporation it is expedient so to do;  (c)\tto carry on any other business which may seem to the Corporation to be capable of being conveniently carried on in connection with its business and calculated directly or indirectly to render profitable the business of the Corporation; (d)\tto do all such things as may be incidental or conducive to the proper exercise of any of the powers of the Corporation.", "name": "Functions", "related_acts": "", "section_id": 12 }, { "act_id": 428, "details": "13. (1) The head office of each Corporation shall be at such place as the Government may, by notification in the official Gazette, specify. (2) Each Corporation may establish as many other offices in Bangladesh and, with the previous approval of the Government, abroad as it thinks fit.", "name": "Head office", "related_acts": "", "section_id": 13 }, { "act_id": 428, "details": "214A. Notwithstanding anything contained in this Act, a Corporation shall, if the Government so directs, transfer any immovable property transferred to and vested in it under this Act to any insurer on a price fixed by the Government.", "name": "Transfer of certain immovable property by a Corporation", "related_acts": "", "section_id": 14 }, { "act_id": 428, "details": "14. (1) On the commencement of this Act, there shall be transferred to and vested in- (a)\tthe Jiban Bima Corporation the entire undertakings of the Surma Jiban Bima Corporation and the Rupsa Jiban Bima Corporation established by the Order, hereinafter in this Act referred to as the existing Bima Corporations; and (b)\tthe Sadharan Bima Corporation the entire undertakings of the Karnaphuli Bima Corporation and the Teesta Bima Corporation established by the Order, hereinafter in this Act referred to as the existing Bima Corporations. (2) The undertakings transferred to and vested in a Corporation under sub-section (1) shall be deemed to include all business, assets, rights, powers, authorities and privileges and all property, movable or immovable, cash balances, reserve funds, investments, deposits and all other rights and interests in, or arising out of, such property as were immediately before the commencement of this Act in the ownership, possession, power or control of the existing Bima Corporations in relation to the undertakings within or without Bangladesh, and all books of account, registers, records and all other documents of whatever nature relating thereto, and shall be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the existing Bima Corporations. (3) If, according to the laws of any country outside Bangladesh, the provisions of this Act by themselves are not effective to transfer or vest any asset situated in that country which forms part of the undertakings of an existing Bima Corporation to, or in, the Corporation concerned, the affairs of the existing Bima Corporations in relation to such assets shall, on and from the commencement of this Act, stand entrusted to the chief executive officer for the time being of the Corporation concerned, and the chief executive officer may exercise all such powers and do all such acts and things as may be exercised or done by the existing Bima Corporations for the purpose of effectively transferring such asset. (4) The chief executive officer of the Corporation concerned shall, in exercise of the power conferred on him by sub-section (3), 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 Bima Corporations. (5) 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 Act and to which an existing Bima Corporation whose undertaking has been transferred to and vested in a Corporation under sub-section (1) is a party or which are in favour of such existing Bima Corporation shall, in so far as they relate to such undertaking of the existing Bima Corporation, be of as full force and effect against or in favour of the Corporation, and may be enforced or acted upon as fully and effectually as if in the place of the existing Bima Corporation the Corporation had been a party thereto or as if they had been entered into or issued in favour of the Corporation. (6) Any suit, appeal or other proceeding of whatever nature pending on the date of the commencement of this Act by or against an existing Bima Corporation in relation to any of its undertakings shall be deemed to be suit, appeal or other proceeding pending by or against the Corporation in which the undertaking has vested under sub-section (1), and may be continued or prosecuted and enforced by or against the Corporation. (7) The Government may, for the purpose of removing any difficulty arising out of, or in connection with, the transfer of any undertaking of an existing Bima Corporation to a Corporation or any matter supplemental or incidental to, or consequential upon, such transfer or any other matter specified in this section, 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 Act.", "name": "Transfer of undertakings of existing Bima Corporations", "related_acts": "", "section_id": 15 }, { "act_id": 428, "details": "15. (1) Each Corporation may appoint such officers and other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may determine. (2) A Corporation may employ such officers and other employees of an existing Bima Corporation, whose undertaking has been transferred to and vested in it under sub-section (1) of section 14, as it may specify, and the officers and other employees so employed shall hold their office or service in the Corporation on such terms and conditions as it may determine: Provided that an officer or other employee may, within such time as may be specified by the Corporation which employs him, exercise his option not to continue in the service of that Corporation. (3) If any question arises out of the transfer of an officer or other employee of an existing Bima Corporation under sub-section (2), the question shall be referred to the Government whose decision shall be final. (4) The transfer of service of any officer or other employee from an existing Bima Corporation to a Corporation shall not entitle any such officer or other employee to any compensation and no such claim shall be entertained by any court, tribunal or other authority. (5) Notwithstanding anything contained in any rules, regulations, contract or agreement relating to the terms and conditions of service made or entered into by an existing Bima Corporation, no person shall be entitled to any compensation against the existing Bima Corporation or against any Corporation for the loss of his office or service or for the premature termination of any contract or agreement of management entered into by him with the existing Bima Corporation. (6) Notwithstanding anything contained in this Act, a Corporation shall not determine the pay scales of the different classes of its officers and other employees without the previous approval of the Government.", "name": "Appointment of officers and employees", "related_acts": "", "section_id": 16 }, { "act_id": 428, "details": "16. Each Corporation 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 every year showing the estimated receipts and expenditure during that year.", "name": "Annual budget statement", "related_acts": "", "section_id": 17 }, { "act_id": 428, "details": "17. Subject to the provisions of the Insurance Act, 1938 (Act IV of 1938), each Corporation may invest its funds in such manner as its Board may think fit.", "name": "Investment", "related_acts": "175", "section_id": 18 }, { "act_id": 428, "details": "18. Each 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 Act.", "name": "Borrowings", "related_acts": "", "section_id": 19 }, { "act_id": 428, "details": "19. (1) Each Corporation shall maintain proper accounts and shall, at the expiry of each year, prepare in the prescribed form with reference to that year a balance sheet, a profit and loss account and revenue accounts in respect of such class of insurance business together with such other abstracts and statements as may be prescribed. (2) The accounts of each Corporation shall be audited by not less than two auditors, being Chartered Accountants within the meaning of the Chartered Accountants Ordinance, 1961 (Ord. X of 1961), who shall be appointed by the Government in consultation with the Comptroller and Auditor-General on such terms and conditions as the Government may fix, and shall, in regard to the extent and method of their audit, be guided by such directions as may be given by the Comptroller and Auditor-General. (3) Notwithstanding anything contained in sub-section (2), the provisions of sections 12A and 33 of the Insurance Act, 1938 (Act IV of 1938), shall apply to each Corporation. (4) Every auditor appointed under sub-section (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 of accounts and other documents of the Corporation, and may in relation to such accounts examine any Director or officer of the Corporation. (5) 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 affairs of the Corporation and, if they have called for any explanation or information from the Board, whether it has been given and whether it is satisfactory. (6) The Government may, at any time, issue directions to the auditors requiring them to report to it upon the adequacy of measures taken by the Corporation concerned for the protection of the interest of the Government and of the creditors of the Corporation concerned or upon the sufficiency of the procedure in auditing the affairs of the Corporation concerned, and may, at any time, enlarge or extend the copy 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 or of the creditor so requires.", "name": "Accounts and audit", "related_acts": "306,175", "section_id": 20 }, { "act_id": 428, "details": "20. The Jiban Bima Corporation shall, once at least in every two years cause an investigation to be made by actuaries into the financial condition of its business, including a valuation of its liabilities in respect thereto, and submit the report of the actuaries to the 3Chief Controller of Insurance and also to the Government.", "name": "Actuarial valuation", "related_acts": "", "section_id": 21 }, { "act_id": 428, "details": "21. (1) Each Corporation shall furnish to the Government such returns, reports and statements as the Government may from time to time require. (2) Each Corporation shall furnish to the Government and the 4Chief Controller of Insurance, within six months of the close of each year, the audited accounts, statements and abstracts referred to in section 19, together with a report on the working of the Corporation during that year. (3)The copies of the audited accounts and annual report received by the Government under sub-section (2) shall be published in the official Gazette and shall be laid before Parliament.", "name": "Returns, etc.", "related_acts": "", "section_id": 22 }, { "act_id": 428, "details": "22. (1) After making provision for bad and doubtful debts, depreciation of assets and any other matter determined by the Board, the Sadharan Bima Corporation may, out of its net annual profits, establish a reserve fund and any surplus remaining thereafter shall be paid to the Government. (2) If as a result of any investigation undertaken by the Jiban Bima Corporation under section 20 any surplus emerges, ninety-five per cent of such surplus or such higher percentage thereof as the Government may approve shall be allocated to or reserved for the life insurance policy-holders of the Corporation and the remainder shall be paid to the Government.", "name": "Profit", "related_acts": "", "section_id": 23 }, { "act_id": 428, "details": "523. 6(1) Fifty percent of all insurance business relating to any public property or to any risk or liability appertaining to any public property shall be placed with the Sadharan Bima Corporation and the remaining fifty percent of such business may be placed either with that Corporation or with any other insurer in Bangladesh. (2) Any policy of insurance taken or issued in contravention of sub-section (1) shall be void: Provided that any claim for loss, damage, compensation or refund of premium arising out of, or relating to, such policy shall be binding on the insurer. (3) In this section, “public property” means- (a) \tany property movable or immovable which belongs to, or the protection of which is the legal responsibility of,- (i)\tthe Government or a local authority; or (ii)\tany company, firm, undertaking, institution, organisation or other establishment which is managed or controlled by the Government or a local authority or in which the Government, by itself or jointly with a local authority or company managed or controlled by it, holds controlling financial share or interest or which is specified by the Government for the purpose of this section; and (b)\ta project financed out of an external loan or with external aid until it reaches- (i)\tin the case of an industrial project, the stage at which it is capable of commencing normal production; and (ii)\tin the case of any other project, the stage at which it is capable of being put to the use for which it is intended.", "name": "Public Property to be insured with the Sadharan Bima Corporation only", "related_acts": "", "section_id": 24 }, { "act_id": 428, "details": "723A. (1) Every insurer registered and carrying on insurance business in Bangladesh shall re-insure, on generally acceptable terms and conditions, such portion of his insurance business as he cannot retain on his own account. (2) Fifty per cent of the re-insurable general insurance business shall be re-insured with the Sadharan Bima Corporation and the remaining fifty per cent of such business may be re-insured either with that Corporation or with any other insurer whether in or outside Bangladesh. (3) The whole or any portion of the re-insurable life insurance business may be re-insured with any insurer outside Bangladesh. (4) Whoever contravenes the provisions of this section shall be punishable with fine which may extend to ten thousand taka.", "name": "Re-insurance", "related_acts": "", "section_id": 25 }, { "act_id": 428, "details": "24. The sums assured by all policies issued by a Corporation including any bonuses declared in respect thereof and the sums assured by all policies issued by any existing Bima Corporation the liabilities under which have vested in a Corporation under this Act, and all bonuses declared in respect thereof, whether before or after the commencement of this Act, shall be guaranteed as to payment in cash by the Government 8 :  Provided that this provision shall not apply in the case of any policy issued by a Corporation after the commencement of the Insurance Corporations (Amendment) Act, 1990 (১৯৯০ সনের ২৯ নং আইন)।", "name": "Guarantee of policies", "related_acts": "", "section_id": 26 }, { "act_id": 428, "details": "25. No provisions 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.", "name": "Winding up of the Corporations", "related_acts": "", "section_id": 27 }, { "act_id": 428, "details": "26. Exceptions.- Omitted by section 4 of the Insurance Corporations (Amendment) Ordinance, 1984 (LI of 1984).", "name": "Omitted", "related_acts": "", "section_id": 28 }, { "act_id": 428, "details": "27. No suit, prosecution or other legal proceedings shall lie against the Government or any Director, officer or employee of a Corporation for anything which is in good faith done or intended to be done under this Act.", "name": "Indemnity", "related_acts": "", "section_id": 29 }, { "act_id": 428, "details": "28. The Government may, by general or special order in writing, direct that any power which by or under any of the provisions of this Act is conferred on it shall, subject to such  conditions, if any, as may be specified in the order, be exercisable also by the 9Chief Controller of Insurance.", "name": "Delegation of powers", "related_acts": "", "section_id": 30 }, { "act_id": 428, "details": "29. The provisions of the Insurance Act, 1938 (Act IV of 1938), shall, as far as may be, apply to a Corporation as they apply to any other insurer.", "name": "Act IV of 1938 to apply", "related_acts": "175", "section_id": 31 }, { "act_id": 428, "details": "30. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a)\tthe form and manner in which capital of a Corporation may be subscribed; (b)\tthe manner of appointment of a Director of a Corporation; (c)\tthe terms and conditions of service of the Chairman and other Director of a Corporation; (d)\tthe powers, functions and duties of the Chairman and other Director of a Corporation; (e)\tthe time and place at which meetings of a Board may be held; (f)\tthe form in which the annual report of a Corporation shall be prepared; and (g)\tany other matter which has to be or may be prescribed.", "name": "Power to make rules", "related_acts": "", "section_id": 32 }, { "act_id": 428, "details": "31. (1) Each Corporation may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Act 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 Act. (2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.", "name": "Power to make regulations", "related_acts": "", "section_id": 33 }, { "act_id": 428, "details": "32. (1) On the commencement of this Act, the Bangladesh Jatiya Bima Corporation established by the Order, hereinafter in this section referred to as the said Corporation, shall stand dissolved and the entire undertaking of the said Corporation shall stand transferred to, and vested in, the Government. (2) The undertaking transferred to and vested in the Government under sub-section (1) shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable or immovable, cash balances, reserve funds, investments, deposits and all other rights and interests in, or arising out of, such property as were immediately before the commencement of this Act in the ownership, possession, power or control of the said Corporation in relation to the undertaking, and all books of account, registers, records and all other documents of whatever nature relating thereto, and shall be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the said Corporation in relation to such undertaking. (3) 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 Act and to which the said Corporation is a party or which are in favour of the said Corporation shall, in so far as they relate to such undertaking of the said Corporation, be of as full force and effect against or in favour of the Government, and may be enforced or acted upon as fully and effectually as if in the place of the said Corporation the Government had been a party thereto or as if they had been entered into or issued in favour of the Government. (4) Any suit, appeal or other proceedings of whatever nature pending on the date of the commencement of this Act by or against the said Corporation in relation to its undertaking shall be deemed to be suit, appeal or other proceeding pending by or against the Government and may be continued or prosecuted and enforced by or against the Government. (5) The Government may make such arrangements or take such measures with respect to the officers and other employees of the said Corporation as it thinks fit; and, until the Government otherwise directs, such officers and employees shall be deemed to be in their respective employment on the same terms and conditions as were in force immediately before the commencement of this Act, and such officers and employees may also be transferred to such Corporation as the Government may specify. (6) Where an officer or other employee of the said Corporation is transferred to a Corporation under sub-section (5) he shall hold his office or service in that Corporation on such terms and conditions as that Corporation may decide : Provided that an officer or other employee may, within such time as may be specified by the Corporation to which he is transferred, exercise his option not to continue in the service of that Corporation. (7) No officer or other employee of the said Corporation shall be entitled to any compensation for any arrangement or measure made or taken by the Government in respect of him or for his transfer to any Corporation or for the loss of his office or service, and no such claim shall be entertained by any Court, tribunal or other authority. (8) Notwithstanding anything contained in this Act the Government may, by order in writing, transfer to such Corporation as may be specified therein the whole or a part of the undertaking vested in it under sub-section (1); and on such transfer, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments in respect of such undertaking shall be of as full force and effect against or, as the case may be, in favour of the Corporation, and may be enforced or acted upon as fully and effectually as if in the place of the Government the Corporation had been a party thereto or as if they had been entered into or issued in favour of the Corporation; and all suits, appeals or other proceedings pending by or against the Government in relation to such undertaking shall be deemed to be suits, appeals or other proceedings pending by or against the Corporation.", "name": "Dissolution of the Jatiya Bima Corporation", "related_acts": "", "section_id": 34 }, { "act_id": 428, "details": "33. The Corporations shall be exempt from registration under the provisions of the Insurance Act, 1938 (Act IV of 1938).", "name": "Exemption from registration", "related_acts": "175", "section_id": 35 }, { "act_id": 428, "details": "34. (1) The Insurance Corporations Ordinance, 1973 (Ordinance No. VII of 1973), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken, including any order made, notification issued or direction given under the said Ordinance shall be deemed to have been done, taken, made, issued or given, as the case may be, under the corresponding provision of this Act.", "name": "Repeal", "related_acts": "", "section_id": 36 } ], "text": "An Act to establish a Jiban Bima Corporation and a Sadharan Bima Corporation. WHEREAS it is expedient to provide for the establishment of a Jiban Bima Corporation and a Sadharan Bima Corporation for the purpose of taking over the undertakings of the Surma Jiban Bima Corporation, the Rupsa Jiban Bima Corporation, the Karnaphuly Bima Corporation and the Teesta Bima Corporation, and for the dissolution of the Bangladesh Jatiya Bima Corporation, and for matters connected therewith or incidental thereto;" }

{ "id": 429, "lower_text": [], "name": "The Appropriation (Vote on Account) Act, 1973", "num_of_sections": 3, "published_date": "29th June, 1973", "related_act": [ 429 ], "repelled": false, "sections": [ { "act_id": 429, "details": "1. This Act may be called the Appropriation (Vote on Account) Act, 1973.", "name": "Short title", "related_acts": "429", "section_id": 1 }, { "act_id": 429, "details": "2. From and out of the Consolidated Fund there may be withdrawn sums not exceeding those specified in column 3 of the Schedule to this Act, amounting in the aggregate to the sum of Taka 94,86,78,000 towards defraying the several charges which will come in course of payment during a part of the financial year 1973-74.", "name": "Issue of Taka 94,86,78,000 from and out of the Consolidated Fund for a part of the financial year 1973-74", "related_acts": "", "section_id": 2 }, { "act_id": 429, "details": "3. The sums authorised to be withdrawn from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the part of the said financial year.", "name": "Appropriation", "related_acts": "", "section_id": 3 } ], "text": "An Act to provide for the withdrawal of certain sums from and out of the Consolidated Fund for the services of a part of the financial year 1973-74. WHEREAS it is expedient to provide for the withdrawal of certain sums from and out of the Consolidated Fund of the People’s Republic of Bangladesh for services of a part of the financial year 1973-74;" }

{ "id": 430, "lower_text": [ "1 The word “laws” was substituted for the words “Acts and Ordinances” by section 2 of the Bangladesh Laws (Revision and Declaration) (Amendment) Act, 1974 (Act No. LIII of 1974)", "2 The word “laws” was substituted for the word “Acts” by section 3 of the Bangladesh Laws (Revision and Declaration) (Amendment) Act, 1974 (Act No. LIII of 1974).", "3 The word “laws” was substituted for the word “Acts” by section 4 of the Bangladesh Laws (Revision and Declaration) (Amendment) Act, 1974 (Act No. LIII of 1974)", "4 Section 4 was substituted by section 2 of the Bangladesh Laws (Revision and Declaration) (Second Amendment) Act, 2000 (Act No. XL of 2000)", "5 The words “any law” were substituted for the words “any Act” by section 6 of the Bangladesh Laws (Revision and Declaration) (Amendment) Act, 1974 (Act No. LIII of 1974).", "6 The words “any law” were substituted for the words “any Act” by section 6 of the Bangladesh Laws (Revision and Declaration) (Amendment) Act, 1974 (Act No. LIII of 1974)", "7 The word “passed” was substituted for the word “added” by section 6 of the Bangladesh Laws (Revision and Declaration) (Amendment) Act, 1974 (Act No. LIII of 1974)", "8 The words “any law” were substituted for the words “any Act” by section 6 of the Bangladesh Laws (Revision and Declaration) (Amendment) Act, 1974 (Act No. LIII of 1974)", "9 The words “ text of any other law” were substituted for the words “ text of any law” by section 6 of he Bangladesh Laws (Revision and Declaration) (Amendment) Act, 1974 (Act No. LIII of 1974)", "10 The words “expressly stated in the law” were substituted for the words “expressly stated in the Act” by section 6 of he Bangladesh Laws (Revision and Declaration) (Amendment) Act, 1974 (Act No. LIII of 1974)", "11 The words “any law” were substituted for the words “any Act” by section 6 of the Bangladesh Laws (Revision and Declaration) (Amendment) Act, 1974 (Act No. LIII of 1974)", "12 Section 6A was inserted by section 2 of Bangladesh Laws (Revision and Declaration) (Amendment) Act, 2009 (Act. No. XV of 2009) (with effect from 5th November 2008)." ], "name": "The Bangladesh Laws (Revision And Declaration) Act, 1973", "num_of_sections": 8, "published_date": "30th June, 1973", "related_act": [ 430 ], "repelled": false, "sections": [ { "act_id": 430, "details": "1. (1) This Act may be called the Bangladesh Laws (Revision And Declaration) Act, 1973. (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": "430", "section_id": 1 }, { "act_id": 430, "details": "2. The 2laws specified in the First Schedule are hereby wholly repealed.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 430, "details": "3. The 3laws specified in the Second Schedule are hereby amended to the extent and in the manner mentioned in the Fourth column thereof.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 430, "details": "44. The laws specified in the Third Schedule, being laws not applicable in the territories comprised in Bangladesh, are hereby declared to be no part of the laws of Bangladesh and are to be removed from the Statute Book.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 430, "details": "5. The repeal by this Act of 5any law shall not affect- (i)\tthe operation of 6any law so repealed or the validity, invalidity, effect or consequences of anything already done or suffered thereunder; or (ii)\tany right, title, privilege, obligation or liability, acquired, accrued or incurred, thereunder or any release or discharge already granted of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity, already granted, or the proof of any past act or thing; or (iii)\tany penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or (iv)\tany investigation, legal proceeding or remedy in respect of any such right, title, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding, or remedy may be instituted, continued or endorsed, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been 7passed;  nor shall the repeal by this Act of 8any law by which the 9text of any other law was amended by the express omission, insertion or substitution of any matter, affect the continuance of any such amendment in operation at the commencement of this Act, unless a different intention was 10expressly stated in the law by which the amendment was made; nor shall this Act revive or restore anything not in force or existing at the time of its commencement, or affect any law in which an Act hereby repealed has been applied, incorporated or referred to, or after any principle or rule of law, or established jurisdiction, form, or cause of pleading, practice, or procedure, or existing usage, customs, privilege, restriction, exemption, office or appointment, notwithstanding that they respectively may have been in any manner affirmed, recognised or derived by, in or from 11any law hereby repealed.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 430, "details": "6. All Acts of Parliament, Ordinances and President's Orders in force in Bangladesh shall be printed in chronological order under the name and style of the Bangladesh Code.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 430, "details": "126A. (1) In addition to the printing of Bangladesh Code in the manner as referred to in section 6, the Bangladesh Code so printed, may also be made available in digitized form through Read Only Memory (ROM) like Compact Disc (CD), Digital Versatile Disc (DVD), etc. with necessary security measures against likely tampering or unauthorized change in the documents. (2) Bangladesh Code may also be made available through website. (3) Acts of Parliament, Ordinances and President's Orders may also be made available through website under the name and style of Laws of Bangladesh and such laws shall be updated from time to time. (4) In case of any doubt or discrepancy about the authenticity of the printed text and electronically printed digitized text, the text of original gazette shall prevail.", "name": "6A", "related_acts": "", "section_id": 7 }, { "act_id": 430, "details": "7. At the time of printing of the Bangladesh Code, an Act or an Ordinance shall, if necessary, be re-numbered and all clerical errors and omissions may be corrected.", "name": "", "related_acts": "", "section_id": 8 } ], "text": "An Act to revise the laws in force in Bangladesh and make certain declarations in this regard in order to enable the same to be printed. WHEREAS it is expedient to the end that Bangladesh laws may be known in their true form, that the 1laws in force in the territories now comprised in Bangladesh as adapted, modified or amended since the 26th day of March, 1971, and all President’s Orders promulgated since that date and Acts passed by Parliament and in force should be printed; It is hereby enacted as follows:-" }

{ "id": 431, "lower_text": [ "1 The word “Management” was substituted for the word “Governors” by section 2 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996)", "2 Clause (d) was substituted by section 2 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996)", "3 The word “Gazipur” was substituted for the word “Dacca” by section 3 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996)", "4 Section 6, 6A and 6B were substituted for former section 6 by section 4 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996)", "5 The words “or the member presiding over the meeting” were inserted by section 5 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996)", "6 Section 9 was substituted by section 7 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996)", "7 The words “Director-General” were substituted for the word “Director” by section 8 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996)", "8 The words “Director-General” were substituted for the word “Director” by section 8 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996)", "9 The words “Director-General” were substituted for the word “Director” by section 8 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996)", "10 The words “Director-General” were substituted for the word “Director” by section 8 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996)", "11 The words “Director-General” were substituted for the word “Director” by section 9 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996)", "12 Section 11A was inserted by section 10 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996)", "13 The words and commas “Director-General, advisers, Directors and other officers and employees ” were substituted for the words and commas “Director, officers, advisers, employees and other staff” by section 11 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996)", "14 The figures, words and brackets “1965 (E.P. Act IV of 1965)” were substituted for the figures, words and brackets “1934 (Act XXV of 1934)” by section 11 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996)", "15 The figure “XXIII” was substituted for the figure “XIII” by section 11 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996)" ], "name": "The Bangladesh Rice Research Institute Act, 1973", "num_of_sections": 20, "published_date": "30th June, 1973", "related_act": [ 10, 805, 431 ], "repelled": true, "sections": [ { "act_id": 431, "details": "1. (1) This Act may be called the Bangladesh Rice Research Institute Act, 1973. (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 5th May, 1973.", "name": "Short title, extent and commencement", "related_acts": "431", "section_id": 1 }, { "act_id": 431, "details": "2. In this Act, unless there is anything repugnant in the subject or context,-  (a) “assets” include all rights, powers, authorities and privileges, all property, movable and immovable, including cash balances, bank deposits, reserve fund, 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) “Board” means the Board of 1 Management of the Institute;  (c) “Chairman” means the Chairman of the Board;  2 (d) “Council” means বাংলাদেশ কৃষি গবেষণা কাউন্সিল established by বাংলাদেশ কৃষি গবেষণা কাউন্সিল আইন, ১৯৯৬ (১৯৯৬ সালের ৭ নং আইন); (dd) “Director-General” means Director-General of the Institute;  (e) “Government” means the Government of the People's Republic of Bangladesh;  (f) “Institute” means the Bangladesh Rice Research Institute established under section 3; and  (g) “Prescribed” means prescribed by rules or regulations made under this Act.", "name": "Definitions", "related_acts": "805", "section_id": 2 }, { "act_id": 431, "details": "3. (1) On the coming into force of this Act, there shall be established an institute to be called the Bangladesh Rice Research Institute for carrying out the purposes of this Act. (2) The Institute shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of properties both movable and immovable, and shall by the said name sue and be sued. (3) The Head Office of the Institute shall be at Joydevpur in the District of 3Gazipur.", "name": "Establishment and incorporation of the Institute", "related_acts": "", "section_id": 3 }, { "act_id": 431, "details": "4. The functions of the Institute shall be to- (a)\ttake over, administer and maintain the former East Pakistan Rice Research Institute established at Joydevpur, Dacca, together with all assets thereof; (b)\tcarry out research on various aspects of rice improvement and production; (c)\testablish research centres and sub-stations in different regions of Bangladesh for carrying out research on different problems of rice; (d)\testablish project areas for demonstration of new varieties of rice developed by the Institute and training of farmers for the cultivation of these varieties of rice; (e) \tpublish annual reports, monographs, bulletins and such other literatures relating to rice research and the activities of the Institute; (f) \testablish a laboratory and a library in the Institute; (g)\ttrain extension officers and progressive farmers in modern improved techniques of rice production; (h)\tdo and perform all other activities which may be necessary for the achievement of the objects of the Institute.", "name": "Functions of the Institute", "related_acts": "", "section_id": 4 }, { "act_id": 431, "details": "5. (1) Subject to the rules and regulations, the general direction of the affairs and functions of the Institute shall vest in a Board which shall have full authority to determine and execute the policies and undertakings of the Institute within the frame-work of the policy directives issued by the Government. (2) Without prejudice to the generality of the foregoing provisions, the Board shall, in particular, have power to- (a)\texercise general supervision over the affairs of the Institute; (b)\tapprove the course of study of the Institute in broad outline; (c)\trequest for, and receive, grants-in-aid from the Government and other aid-giving agencies; (d)\tborrow money in Bangladesh or any foreign currency; (e)\tapprove budget for submission to the Government for final approval and obtain funds from the Government to carry out the purposes of the Institute.", "name": "General direction of the affairs and functions of the Institute", "related_acts": "", "section_id": 5 }, { "act_id": 431, "details": "4 6. Notwithstanding anything contained in this Act, the Institute, or any of its functionaries shall, in relation to the affairs of the Institute, ensure that-  (a) any direction issued by the Council under or in pursuance of the provisions of section 8 or 14 of বাংলাদেশ কৃষি গবেষণা কাউন্সিল আইন, ১৯৯৬ (১৯৯৬ সালের ৭ নং আইন) is complied with; and (b) any recommendation or determination made or advice given by the Council under or in pursuance of the said provisions, as far as practicable, is given effect to:  Provided that where, in the opinion of the Institute, it is not possible to give effect to such recommendation or advice or any part thereof,-  (i) the Institute shall, without delay, communicate its opinion with reasons therefor to the Council; and  (ii) the Council may, after consideration of such opinion, modify or revoke its earlier recommendation or advice, or may issue fresh recommendation or advice on the same subject:  Provided further that the recommendation or advice so modified or issued afresh, as the case may be, shall be deemed to be a direction under clause (a) and shall be complied with accordingly.", "name": "Certain directions etc. of Council to be given effect to.", "related_acts": "805", "section_id": 6 }, { "act_id": 431, "details": "6A. (1) The Board shall consist of the following members, namely:- (a)\tthe Director-General, ex-officio, who shall also be the Chairman of the Board; (b)\ttwo eminent scientists, from outside the Institute, one in any social science and the other in the field pertaining to the speciality of the Institute, to be nominated by the Ministry or Division dealing with agriculture; (c) \ta representative of the Council, to be nominated by it; (d)\ta representative of the Department of Agricultural Extension, not below the rank of Director, to be nominated by the Ministry or Division dealing with agriculture; (e) \tthe Directors of the Institute, ex-officio; (f) \ttwo senior scientists of the Institute, to be nominated by the Ministry or Division dealing with agriculture; (g) \ttwo representatives, one from among the farmers and the other from among the Non-Government Organisations (NGO's) performing functions similar to those of the Institute, to be nominated by the Ministry or Division dealing with agriculture; and (h) \ttwo representatives, one from the Ministry or Division dealing with agriculture and the other from the Finance Division of the Ministry dealing with finance, not below the rank of Deputy Secretary, to be nominated by the respective Ministry or Division. (2) The Director-in-charge of Administration of the Institute shall act as the Secretary of the Board.", "name": "Constitution of the Board", "related_acts": "", "section_id": 7 }, { "act_id": 431, "details": "6B. (1) The members specified in clause (g) of section 6A(1) shall hold office for a period of three years from the date of their nomination: Provided that such members may resign their membership in writing addressed to the Chairman. (2) A person shall cease to be a member, if he- (a)\tdies; or (b) \tbeing a member specified in clause (g) of section 6A(1)- (i)\tresigns his membership under the proviso to sub-section (1) of this section; or (ii)\this tenure expires under sub-section (1) of this section; or (iii)\tremains absent, without permission of the Chairman, from three consecutive meetings of the Board; or (c)\tis declared by a competent court to be of unsound mind; or (d)\tis an undischarged insolvent; or (e)\thas been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than three months or to a fine not less than five thousand taka and unless a period of two years has elapsed since his release or realisation of the fine, as the case may be, a person so sentenced shall not be eligible to be a member.", "name": "Tenure of membership, resignation etc.", "related_acts": "", "section_id": 8 }, { "act_id": 431, "details": "7. (1) The meetings of the Board shall be convened by the Secretary of the Board, in consultation with the Chairman, at least once in a quarter of the year but meetings may be convened as frequently as may be necessary. (2) At least fourteen days' notice shall be given for convening a meeting of the Board and such notice shall be sent under the signature of the Secretary of the Board stating the date on, and the time and place at, which the meeting shall be held. (3) Emergency meetings may be convened on twenty-four hours' notice. (4) The Chairman shall preside over all meetings of the Board; and if for any reason he is unable to preside over a meeting, a member elected by the members present shall preside over that meeting. (5) Four members shall form a quorum of a meeting. (6) All matters at a meeting shall be decided by majority votes of the members present. (7) Each member of the Board shall have one vote, and in the event of equality of votes, the Chairman 5or the member presiding over the meeting shall have a casting vote.", "name": "Meetings of the Board", "related_acts": "", "section_id": 9 }, { "act_id": 431, "details": "8. Allowances of Members.- Omitted by section 6 of the Bangladesh Rice Research Institute (Amendment) Act, 1996 (Act No. V of 1996).", "name": "Omitted", "related_acts": "", "section_id": 10 }, { "act_id": 431, "details": "69. (1) There shall be a Director-General of the Institute who shall be appointed by the Government on such terms and conditions as the Government may determine. (2) The Director-General shall be a whole time officer and the chief executive of the Institute.", "name": "Director-General", "related_acts": "", "section_id": 11 }, { "act_id": 431, "details": "10. (1) The 8Director-General shall, subject to the approval of the Board, have power to- 9* * * (c) \tprepare annual budget; (d) \tacquire, subject to the budget provisions of the Institute, by purchase or otherwise, properties, whether movable or immovable, for the maintenance of the Institute. (e) \tconstruct or alter any building for, or of, the Institute; and (f) \topen a deposit account with any bank and operate the same as per decision of the Board from time to time. (2) The 10Director-General shall exercise such other powers and perform such other functions and discharge such other duties as may be determined by the Board.", "name": "Powers and functions of the Director-General", "related_acts": "", "section_id": 12 }, { "act_id": 431, "details": "11. (1) The Board may, from time to time, appoint such committees as may be necessary to discharge such functions as may be assigned to them by the Board or to assist the 11Director-General in the performance of his functions. (2) Each committee shall be headed by a Chairman and shall consist of such members as may be determined by the Board. (3) The Chairman and members of a committee shall hold office for such period as the Board may determine.", "name": "Committees of the Institute", "related_acts": "", "section_id": 13 }, { "act_id": 431, "details": "1211A. For the efficient performance of the functions of the Institute- (a)\tthe Government may appoint such number of Directors and on such terms and conditions as it may determine from time to time; (b)\tthe Board may appoint such number of advisers, officers and other employees and on such terms and conditions as it determine from time to time.", "name": "Appointment of Advisers, Directors, officers etc.\t12. \tAudit", "related_acts": "", "section_id": 14 }, { "act_id": 431, "details": "12. The accounts of the Institute shall be audited by the Comptroller and Auditor-General.", "name": "Audit", "related_acts": "", "section_id": 15 }, { "act_id": 431, "details": "13. (1) The 13Director-General, advisers, Directors and other officers and employees of the Institute shall, while acting or purporting to act in pursuance of any provision of this Act or rules and regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Penal Code (Act XLV of 1860). (2) The Institute shall not be construed as a “shop” or “commercial establishment” or a “factory” or an “industrial establishment” or “industry” within the meaning of the Shops and Establishments Act, 1965 (Act VII of 1965), the Factories Act, 141965 (E. P.Act IV of 1965) or the Industrial Relations Ordinance, 1969 (Ord. 15XXIII of 1969).", "name": "Public servant, etc.", "related_acts": "", "section_id": 16 }, { "act_id": 431, "details": "14. Upon the commencement of this Act, the Board of Governors of the former East Pakistan Rice Research Institute, Joydevpur, Dacca, registered under the Societies Registration Act, 1860 (Act XXI of 1860), shall, notwithstanding anything contained in that Act, stand dissolved, and upon such dissolution- (a)\tall assets of the Board of Governors of the former East Pakistan Rice Research Institute shall stand transferred to, and vested in, the Institute; (b)\tsuch liabilities or class of liabilities of the Board of Governors of the former East Pakistan Rice Research Institute as the Government may direct shall become the liabilities of the Institute: Provided that the Government may reduce any such liabilities or class of liabilities by such amount as it may deem fit; (c)\tThe Government may, by order, transfer to the Institute such officers, employees, staff, consultants and advisers of the Board of Governors of the former East Pakistan Rice Research Institute as the Government may deem fit on terms and conditions to be prescribed by the Government.", "name": "Dissolution of the Board of Governors of the former East Pakistan Rice Research Institute", "related_acts": "10", "section_id": 17 }, { "act_id": 431, "details": "15. The Government may, by notification in the official Gazette, make rules for the purpose of giving effect to the provisions of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 18 }, { "act_id": 431, "details": "16. (1) The Board may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Act 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 Act. (2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.", "name": "Power to make regulations", "related_acts": "", "section_id": 19 }, { "act_id": 431, "details": "17. The Bangladesh Rice Research Institute Ordinance, 1973 (Ord. VI of 1973), is hereby repealed.", "name": "Repeal", "related_acts": "", "section_id": 20 } ], "text": "An Act to provide for the establishment of the Bangladesh Rice Research Institute. WHEREAS it is expedient to provide for the establishment of a Rice Research Institute for the purpose of carrying out research for improved cultivation of lands and production and evolution of improved varieties of rice, and for matters connected therewith or incidental thereto; It is hereby enacted as follows:-" }

{ "id": 432, "lower_text": [], "name": "The Finance Act, 1973", "num_of_sections": 26, "published_date": "30th June, 1973", "related_act": [ 98, 236, 269, 206, 76, 432, 86, 156 ], "repelled": false, "sections": [ { "act_id": 432, "details": "1. (1) This Act may be called the Finance Act, 1973. (2) It extends to the whole of Bangladesh. (3) Except as otherwise provided in this Act,- (a)\tthis section and section 2 and 3 shall be deemed to have taken effect on the fourteenth day of June, 1973; and (b)\tthe other provisions shall come into force on the first day of July, 1973.", "name": "Short title, extent and commencement", "related_acts": "432", "section_id": 1 }, { "act_id": 432, "details": "2. The amendments set out in the First Schedule to this Act shall be made in the Tariff act, 1934 (XXXII of 1934).", "name": "Amendments of Act XXXII of 1934", "related_acts": "", "section_id": 2 }, { "act_id": 432, "details": "3. The amendments set out in the Second Schedule to this Act shall be made in the First Schedule to the Central Excises and Salt Act, 1944 (I of 1944).", "name": "Amendments of Act I of 1944", "related_acts": "206", "section_id": 3 }, { "act_id": 432, "details": "4. The following amendments shall be made in the Income Tax Act, 1922 (XI of 1922), namely:- (1) \tthroughout the Act, for the words “rupee”, and “rupees”, wherever occurring, the word “taka” shall be substituted; (2) in section 2,- (a)\tin clause (1), for sub-clause (a) the following shall be substituted, namely:- “(a) any rent or revenue derived from land which is situated in Bangladesh and is used for agricultural purposes;”; (b)\tin clause (4a), for the words “the Legislature of Bangladesh” the word “Parliament” shall be substituted; (c)\tin clause (5A), after the words “and includes”, the words “banks, insurance corporations and industrial enterprises nationalised or established by law and” shall be inserted and shall be deemed to have been so inserted on the 26th day of March, 1972, in respect of banks and industrial enterprises, and on the 8th day of August, 1972, in respect of insurance corporations; (3) \tin section 4, after sub-section (2B), the following new sub-sections shall be inserted, namely:- “(2C). Where, in the financial year immediately preceding the assessment year the assessee is found to be the owner of any money, bullion or jewellery, or other valuable article and such money, bullion, jewellery or valuable article is not recorded in the books of account, if any, maintained by him for any source of income, and the assessee offers no explanation about the nature and source of acquisition of the money, bullion, jewellery or other valuable article or the explanation offered by him is not, in the opinion of the Income-tax Officer, satisfactory, the money, the value of the bullion, jewellery or other valuable article may be deemed to be the income of the assessee for such year. (2D). Where, in any previous year the assessee has made investments or is found to be the owner of any bullion, jewellery or other valuable article, and the Income-tax Officer finds that the amount expended on making such investment or in acquiring such bullion, jewellery or other valuable article exceeds the amount recorded in this behalf in the books of account maintained by the assessee for any source of income, and the assessee offers no explanation about such excess amount or the explanation offered by him is not, in the opinion of the Income-tax Officer, satisfactory, the excess amount may be deemed to be the income of the assessee for such previous year.”; (4) in section 15C, in sub-section (2A), for the words, brackets, figures and letter “sum computed in the manner laid down in sub-section (3A) of section 15” the words, brackets and figures “sum laid down in sub-section (3) of section 15” shall be substituted; (5) \tin section 15D, in sub-section (1),- (a)\tin clause (d), for the semi-colon and word “; or” at the end a colon shall be substituted; and (b)\tclause (e) shall be omitted; (6) \tin section 15F, the comma, word, brackets and letter “, sub-section (3A)” shall be omitted; (7) \tin section 16,- (a)\tin sub-section (1), in clause (a), for the words, figures and letters “section 15E and section 15F” the words, figures, letters and comma “section 15E, section 15F and section 15H” shall be substituted and shall be deemed to have been so substituted on the first day of July, 1971; and (b)\tin sub-section (3), the proviso shall be omitted; (8) \tin section 18A,- (a)\tin sub-section (1), for the words “twenty-five thousand rupees” the words “twelve thousand taka” shall be substituted; (b)\tin sub-section (3), for the words “twenty-five thousand rupees” the words “twelve thousand taka” shall be substituted; (c) \tin sub-section (4), in the proviso, for the words “two per cent.”, the words “one and a half per cent” shall be substituted; (d) \tin sub-section (5), for the words and full-stop “from the date of payment to the thirtieth day of June of the financial year in which the amount was paid.” the words, brackets, figures, letter and colon “from the date of payment up to the date of submission of return under sub-section (1) of section 22:” shall be substituted and thereafter the following proviso shall be added, namely:- “Provided that no interest shall be payable for the extended period for the delivery of the return under the first and second provisos to sub-section (1A) of section 22.”;- (e) \tin sub-section 6,- (i)\tfor the words “two per cent” the words “one and a half per cent” shall be substituted; and (ii)\tin the second proviso, for the words “High Court” the words “High Court Division” shall be substituted; and (f)\tin sub-section (7), for the words “two per cent” the words “one and a half per cent” shall be substituted. (9) \tin section 22A, the existing provision shall be renumbered as sub-section (1) and after sub-section (1), renumbered as aforesaid, the following shall be added, namely:- “(2) If any person, without reasonable cause, fails to pay the tax under sub-section (1), he shall be deemed to be an assessee in default.”; (10) after section 22A, amended as aforesaid, the following new section shall be inserted, namely:- “22AA. Signature and verification of return.- Except as otherwise provided in this Act, the return under section 22 shall be signed and verified,- (a) \tin the case of an individual, by the individual himself; where the individual is absent from Bangladesh, by the individual concerned or by some person duly authorised by him in this behalf; and when the individual is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf; (b) in the case of a Hindu undivided family, by the Karta, and, where the Karta is absent from Bangladesh or is mentally incapacitated from attending to his affairs, by any other adult member of such family; (c) \tin the case of a company or local authority, by the principal officer thereof; (d)\tin the case of a firm, by any partner thereof, not being a minor; (e) \tin the case of any other association, by any member of the association or the principal officer thereof; and (f) \tin the case of any other person, by that person or by some person competent to act on his behalf.”; (11) \tin section 23, in sub-section (6), for the word “super-tax” the word “tax” shall be substituted; (12) \tin section 23A,- (a) \tin sub-section (2), in clause (b), in sub-clause (ii), for the full-stop at the end a colon shall be substituted; and (b) after sub-section (2), amended as aforesaid, the following shall be added, namely:- “Provided that, as respects any assessment year beginning on the first day of July, 1973, and for two subsequent assessment years thereafter, the provisions of the section shall not apply.”; (13)\t in section 45, the commas, words, letter and figures, “, may subject to the provisions of section 45A,” shall be omitted; (14) \tsection 45A shall be omitted; (15) \tsection 49G shall be omitted; (16) \tin section 61, in sub-section (2),- (a) \tin clause (iv) for sub-clause (d), the following shall be substituted, namely:- “(d) any person who has retired after putting in satisfactory service in the Income-tax Department and has for a period of not less than ten years served in a post or posts not inferior to that of an Income-tax Officer: Provided that in the determination of the year under this clause, part of a year less than six months shall be disregarded and part of the year equal to or exceeding six months shall be regarded as one year;”; and (b) \tin the existing first proviso, for the words “provided that” the words “provided further that” shall be inserted; (17)\t in section 66,- (a)\tthroughout the section, for the words “High Court” the words “High Court Division” shall be substituted; and (b) in sub-section (7), in the proviso, for the words “Supreme Court” the words “Appellate Division” shall be substituted; (18) \tin section 66A,- (a)\tin sub-section (1),- (i)\tfor the words “High Court”, wherever occurring, the words “High Court Division” shall be substituted; and (ii) \tfor the words “any High Court” the words “the High Court Division” shall be substituted; (b)\tafter sub-section (1), amended as aforesaid, the following new sub-sections shall be added, namely:- “(2) An appeal shall lie to the Appellate Division from any judgment of the High Court Division delivered on a reference made under section 66 in any case which the High Court Division certifies to be a fit one for appeal to the Appellate Division. (3) The provisions of the Code of Civil Procedure, 1908 (V of 1908), relating to appeals to the Appellate Division shall, so far as may be, apply in the case of appeals under this section in like manner as they apply in the case of appeals from decrees of the High Court Division: Provided that nothing in this sub-section shall be deemed to affect the provisions of sub-section (5) or sub-section (7) of section 66: Provided further that the High Court Division may, on petition made for the execution of the order of the Appellate Division in respect of any costs awarded thereby, transmit the order for execution to any Court subordinate to the Supreme Court. (4) \tWhere the judgment of the High Court Division is varied or reversed in appeal under this section, effect shall be given to the order of the Appellate Division in the manner provided in sub-sections (5) and (7) of section 66 in the case of a judgment of the High Court Division.”; (19) \tin section 67B, for the words “the National Assembly” the word “Parliament” shall be substituted.", "name": "Amendments of Act XI of 1922", "related_acts": "86", "section_id": 4 }, { "act_id": 432, "details": "5. The following amendments shall be made in the Estate Duty Act, 1950 (X of 1950), namely:- (1) \tthroughout the Act, for the words “rupee” or “rupees” the word “Taka” shall be substituted; (2) \tin section 58BB, for the words “High Court” the words “High Court Division” shall be substituted; (3) \tsection 58E shall be omitted; (4) \tsection 58F shall be omitted; (5) \tin section 59A, for the words “High Court”, wherever occurring, the words “High Court Division” shall be substituted; (6) \tin section 59B,- (a) \tin sub-section (1), for the words “High Court” the words “High Court Division” shall be substituted; (b) after sub-section (1), amended as aforesaid, the following new sub-sections shall be added, namely:- “(2) An appeal shall lie to the Appellate Division from any judgment of the High Court Division delivered on a case stated under section 59A or on a motion made to it by the Board before the commencement of the Estate Duty (Amendment) Act, 1953, in any case which the High Court Division certifies to be a fit one for appeal to the Appellate Division.  (3)\tThe provisions of the Code of Civil Procedure, 1908 (V of 1908), relating to appeals to the Appellate Division shall, so far as may be, apply in the case of appeals under this section in like manner as they apply in the case of appeals from decrees of the High Court Division: Provided that nothing in this sub-section shall be deemed to affect the provisions of sub-section (7) of section 59A: Provided further that the High Court Division may on petition made for the execution of the order of the Appellate Division in respect of any costs awarded thereby, transmit the order for execution to any Court subordinate to the Supreme Court. (4) \tWhere the judgment of the High Court Division is varied or reversed in appeal under this section, effect shall be given to the order of the Appellate Division in the manner provided in sub-section (7) of section 59A.”.", "name": "Amendments of Act X of 1950", "related_acts": "86", "section_id": 5 }, { "act_id": 432, "details": "6. The following amendments shall be made in the Sales Tax Act, 1951 (III of 1951), namely:- (1)\tthroughout the Act, for the words “rupee” or “rupees” the word “Taka” shall be substituted; (2) \tsection 12A shall be omitted; (3) \tin section 17,- (a)\tthroughout the section, for the words “High Court” the words “High Court Division” shall be substituted; and (b)\tin sub-section (7), for the proviso the following shall be substituted, namely:- “Provided that, if the amount of tax is reduced as a result of such reference, the amount overpaid shall be refunded with such interest as the Commissioner may allow unless the High Court Division, on intimation given by the Commissioner within thirty days of the receipt of the result of such reference that he intends to ask for leave to appeal to the Appellate Division makes an order authorising the Commissioner to postpone payment of such refund until the disposal of the appeal by the Appellate Division.”;  (4)\t in section 18, for the words “High Court” the words “High Court Division” shall be substituted; (5) \tsection 27B shall be omitted; and (6) after section 33, the following new section shall be inserted, namely:- “33A. No suit shall be brought in any Civil Court to set aside or modify any assessment made under this Act.”.", "name": "Amendments of Act III of 1951", "related_acts": "", "section_id": 6 }, { "act_id": 432, "details": "7. The following amendments shall be made in the Gift Tax Act, 1963 (XIV of 1963), namely:- (1) \tthroughout the Act, for the words “rupee” or “rupees” the word “Taka” shall be substituted; (2) after section 13, the following new section shall be inserted, namely:- “13A. (1) Every person who is required to furnish a return under sub-section (1) of section 13 shall pay, on or before the date on which he furnishes such return, the amount of tax payable on the basis of the return. (2) \tIf any person has, without reasonable cause failed to pay the tax under sub-section (1), he shall be deemed to be an assessee in default.”; (3) \tin section 26,- (a)\tthroughout the section, for the words “High Court” the words “High Court Division” shall be substituted; and (b)\tin sub-section (7), for the words “Supreme Court” the words “Appellate Division” shall be substituted; (4) \tIn section 27,- (a)\t\tfor the words “a case has been stated”, the words “an application has been made” shall be substituted and shall be deemed to have been so substituted on and from the first day of July, 1971; and (b)\tfor the words “High Court”, wherever occurring, the words, “High Court Division” shall be substituted;  (5) after section 27, the following new section shall be inserted, namely:- “28. Appeal to Appellate Division.- (1) An appeal shall lie to the Appellate Division from any judgment of the High Court Division delivered on a case referred to under section 26 in any case which the High Court Division certifies as a fit case for appeal to the Appellate Division. (2)\tWhere the judgment of the High Court Division is varied or reversed on appeal under this section, effect shall be given to the order of the Appellate Division in the manner provided in sub-section (6) of section 26. (3) \tThe High Court Division may, on application made to it for the execution of any order of the Appellate Division in respect of any costs awarded by it, transmit the order for execution to any Court subordinate to the Supreme Court.”; (6) \tsection 32A shall omitted; (7) \tsection 32B shall be omitted.", "name": "Amendments of Act XIV of 1963", "related_acts": "", "section_id": 7 }, { "act_id": 432, "details": "8. The following amendments shall be made in the Wealth Tax Act, 1963 (XV of 1963), namely:- (1) \tthroughout the Act, for the words “rupee” or “rupees” the word “Taka” shall be substituted; (2) \tin section 14A the existing provision shall be renumbered as sub-section (1) and after sub-section (1) renumbered as aforesaid, the following new sub-section shall be added, namely:- “(2) If any person has, without reasonable cause, failed to pay the tax under sub-section (1), he shall be deemed to be an assessee in default.”; (3) \tin section 27,- (a)\tthroughout the section, except in sub-section (7), for the words “High Court” the words “High Court Division” shall be substituted; and (b)\tfor sub-section (7) the following shall be substituted, namely:- “(7) Where the amount of any assessment is reduced as a result of any reference to the High Court Division, the amount, if any, overpaid as wealth-tax shall be refunded with such interest as the Commissioner may allow, unless the High Court Division, on intimation given by the Commissioner within thirty days of the receipt of the result of such reference that he intends to ask for leave to appeal to the Appellate Division, makes an order authorising the Commissioner to postpone payment of such refund until the disposal of the appeal by the Appellate Division.”; (4) \tIn section 28,- (a)\tfor the words “a case has been stated” the words “an application has been made” shall be substituted and shall be deemed to have been so substituted on and from the first day of July, 1971; and (b) \tfor the words “High Court” the words “High Court Division” shall be substituted; (5) after section 28, the following new section shall be inserted, namely:- “29. Appeal to Appellate Division.- (1) Appeal shall lie to the Appellate Division from any judgment of the High Court Division delivered on a case referred to under section 27 in any case which the High Court Division certifies as a fit case for appeal to the Appellate Division. (2) Where the judgment of the High Court Division is varied or reversed on appeal under this section, effect shall be given to the order of the Appellate Division in the manner provided in sub-section (6) of section 27. (3) \tThe High Court Division may, on application made to it for the execution of any order of the Appellate Division in respect of any costs awarded by it, transmit the order for execution to any Court subordinate to the Supreme Court.”; (6) \tsection 31B shall be omitted; (7) \tsection 31C shall be omitted; (8) for the Schedule the following shall be substituted, namely:- ÔÇ£THE SCHEDULE ┬á (See Section 3) ┬á ┬á ┬á RATES OF WEALTH-TAX ┬á 1. ┬á┬á┬á On 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 2. ┬á┬á┬á On the next Taka two lakhs of net wealth ..┬á┬á 1% 3. ┬á┬á┬á On the next Taka five lakhs of net wealth ..┬á┬á 2% 4. ┬á┬á┬á On the next Taka five lakhs of net wealth ..┬á┬á 3% 5. ┬á┬á┬á On the next Taka five lakhs of net wealth ..┬á┬á 3┬¢ % 6. ┬á┬á┬á On the next Taka five lakhs of net wealth ..┬á┬á 4% 7. ┬á┬á┬á On the next Taka five lakhs of net wealth ..┬á┬á 4┬¢% 8. ┬á┬á┬á On the next Taka five lakhs of net wealth ..┬á┬á 5% 9. ┬á┬á┬á On the balance of net wealth ..┬á┬á 6% .ÔÇØ", "name": "Amendments of Act XV of 1963", "related_acts": "", "section_id": 8 }, { "act_id": 432, "details": "9. (1) Subject to the provisions of sub-sections (2), (3), (4) and (5), in making any assessment for the year beginning on the first day of July, 1973- (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) In making any assessment for the year beginning on the first day of July, 1973,- (a)\tWhere the total income of an assessee, not being a company, includes any income chargeable under the head “salaries” or any income chargeable under the head “interest on securities” the income-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 income-tax payable according to the rates applicable under the operation of the Finance Order, 1972, on his total income the same proportion as the amount of such inclusion bears to his total income; (b)\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; and (c)\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 which 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 of 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. (3) In making any assessment for the year beginning on the first day of July, 1973, 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) \tIn making any assessment for the year beginning on the first day of July, 1973, where the total income of an assessee, not being a company, to which the proviso to sub-paragraph (i) 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 Bangladesh, 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 an amount computed in the manner specified hereunder:- Amount (i) Where the goods exported abroad had not been manufactured by the assessee who exported them: 15 per cent. of the income-tax and super-tax, if any, attributable to export sales. (a) and where the exports sales during the relevant year exceed the export sales of the preceding year. Plus 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. Minus 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 them: (a) Where the export sales do not exceed 10 per cent. of the total sales. Nil (b) Where the export sales exceed 10 per cent. but do not exceed 20 per cent. of the total sales. 15 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. 20 per cent. of the income-tax and super-tax, if any, attributable to export sales. (d) Where the export sales exceed 30 per cent. of the total sales. 25  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; (b) Nothing contained in clause (a) shall apply in respect of the following goods or class of goods, namely: (i) tea, (ii) raw jute, (iii)  jute manufacture, (iv)  such other goods as may be notified by the National Board of Revenue from time to time; (c) The National Board of Revenue may make rules providing for the computation of profits and the tax attributable to export sales and for such other matters as may be necessary to give effect to the provisions of this sub-section. (5) In cases 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, 1973, and ending on the thirtieth day of June, 1974. (7) For 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 provisions of the Income-tax Act, 1922 (XI of 1922); and the expression “public company” means a company- (i) in which not less than fifty per cent. of the shares are held by the Government, or (ii) whose shares were the subject of dealings in a registered stock exchange in the taxable territories at any time during the previous year and remained listed on the stock exchange till the close of that year.", "name": "Income Tax and Super Tax", "related_acts": "", "section_id": 9 }, { "act_id": 432, "details": "10. Surcharge under the Income-tax Act, 1922 (XI of 1922), shall be charged as respects any assessment for the year beginning on the first day of July, 1973, at the rates specified in Part III of the Third Schedule to this Act.", "name": "Surcharge under the Income-tax Act, 1922(XI of 1922)", "related_acts": "", "section_id": 10 }, { "act_id": 432, "details": "11. (1) During the period from the 1st day of July, 1973 to the 30th day of June, 1974 (both days inclusive), there shall be levied and collected a toll on every mechanically propelled vessel registered under the Inland Mechanically Propelled Vessels Act, 1917 (I of 1917), plying on inland waters at the rates specified below, namely:-  Description of vessels\tRate of Toll  (a)\tVessels for carrying passengers for hire.\tOn the maximum registered passenger carrying capacity at the rate of Taka ten per passenger.  (b) \tVessels for carrying cargo\tTaka two per ton on the maximum registered cargo carrying capacity.  (c) \tOther vessels and crafts\tTaka ten per brake horse power or fraction thereof: Provided that if a vessel remains idle for breakdown of engine or otherwise for a continuous period exceeding three months in the year, toll payable shall be reduced in such proportion as the period or the aggregate of such periods for which the vessel remained idle bears to the year for which the toll is payable, subject to the condition that the owner of the vessel shall give a notice to the Assessing Officer within 15 days from the first day the vessel remained idle, failing which he shall not be entitled to any relief on account of the idle period: Provided further that Government may, by notification in the official Gazette, exempt any vessel or class of vessels from payment of toll under this sub-section. Explanation I.- Vessels carrying both passengers and cargo shall be charged on the total of the maximum registered carrying capacity of passengers and cargo at the rate specified in sub-clause (a) and (b). Explanation II.- For the purpose of sub-clause (c) one nominal horse power shall be calculated as equivalent to 5.65 brake horse power. Explanation III.- Where there are more than one maximum registered passenger carrying capacity, the maximum registered passenger carrying capacity shall mean the highest one. (2) The toll shall be payable by the owner or charterer of the vessel. (3) The Government may make rules regulating the procedure for the assessment, collection and payment of the toll and other matters incidental to its levy. Explanation.- In this section and in sections 12 and 15 “mechanically propelled vessel” and “inland water” have the same meaning as in the Inland Mechanically Propelled Vessels Act, 1917 (I of 1917).", "name": "Toll on Vessels Plying on Inland Waters", "related_acts": "", "section_id": 11 }, { "act_id": 432, "details": "12. (1) During the period from the 1st day of July, 1973 to the 30th day of June, 1974 (both days inclusive), there shall be levied and collected on fares and freights charged for transport by mechanically propelled vessels registered under the Inland Mechanically Propelled Vessels Act, 1917 (I of 1917), plying on inland waters, a toll according to the scale specified in the Fourth Schedule to this Act. (2) The toll shall be collected by the owner or the charterer of the vessel and paid to the Government. (3) The Government may make rules regulating the procedure for the assessment, collection and payment of the toll and any other matter incidental to its levy.", "name": "Toll on Fares and Freights on Traffic by Inland Vessels", "related_acts": "", "section_id": 12 }, { "act_id": 432, "details": "13. (1) Notwithstanding anything contained in the Motor Vehicles Tax Act, 1932 (Beng. I of 1932), during the period from the 1st day of July, 1973 to the 30th day of June, 1974 (both days inclusive) there shall be levied and collected a toll on every motor vehicle carrying goods by roads on freights according to the rates specified below, namely:- Description of Motor Vehicles Rate of toll (i) Motor vehicles of registered goods carrying capacity not exceeding 3 tons. Taka 150 annually. (ii) Motor vehicles of registered goods carrying capacity exceeding 3 tons but not exceeding 5 tons. Taka 500 annually. (iii) Motor vehicles of any registered goods carrying capacity exceeding 5 tons. Taka 700 annually. Explanation.-For the purpose of levying the toll, less than half of a ton shall be ignored and half of a ton or above shall be treated as one ton. (2) The toll shall be payable by the owner of the motor vehicle. (3) The Government may make rules regulating the procedure for the assessment, collection and payment of the toll and any other matter incidental to its levy.", "name": "Toll on Motor Vehicles Carrying Goods by Road on Freights", "related_acts": "156", "section_id": 13 }, { "act_id": 432, "details": "14. (1) Notwithstanding anything contained in the Motor Vehicles Tax Act, 1932 (Beng. I of 1932), during the period from the 1st day of July, 1973 to the 30th day of June, 1974 (both days inclusive), there shall be levied and collected a toll on motor vehicles carrying goods by road, other than on freights, at the rate of Taka forty per annum per ton of registered goods carrying capacity or fraction thereof: Provided that Government may, by notification in the official Gazette, exempt any motor vehicle or any class of motor vehicles from payment of toll under this clause. Explanation.- For the purpose of levying the toll, less than half of a ton shall be ignored and half of a ton or above shall be treated as one ton. (2) The toll shall be payable by the owner of the motor vehicle. (3) The Government may make rules regulating the procedure for the assessment, collection and payment of the toll and any other matter incidental to its levy.", "name": "Toll on Motor Vehicles carrying goods by road other than on freights", "related_acts": "156", "section_id": 14 }, { "act_id": 432, "details": "15. Notwithstanding anything contained in the Inland Mechanically Propelled Vessels Act, 1917 (I of 1917), or the Motor Vehicles Act, 1939 (IV of 1939), an application for the renewal of a certificate of survey in the case of a mechanically propelled vessel or for the renewal of a certificate of fitness in the case of a motor vehicle shall not be allowed unless it is accompanied by a certificate in the prescribed manner to the effect that no arrear toll in respect of any such mechanically propelled vessel or motor vehicle is due under this Act.", "name": "Bar to renewal of Certificate of Survey and Certificate of Fitness", "related_acts": "", "section_id": 15 }, { "act_id": 432, "details": "16. In the Finance Act, 1950 (E.B. XVI of 1950), in section 3, in sub-section (1), for clause (d), the following shall be substituted, namely:- “(d) (i) Contractors or Suppliers supplying goods, commodities or services to Government or autonomous bodies:- ┬á Rates Taka First Class Contractor┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á ..┬á┬á┬á ..┬á┬á┬á┬á ..┬á┬á 5,000 Second Class Contractor┬á┬á┬á┬á┬á┬á┬á┬á ..┬á┬á┬á ..┬á┬á┬á┬á ..┬á┬á 2,500 Other Contractors and Suppliers┬á┬á┬á┬á ..┬á┬á┬á ..┬á┬á┬á┬á ..┬á┬á 500 (ii) Contractors or Suppliers supplying goods, commodities or services to local bodies- ┬á First Class Contractor┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á ..┬á┬á┬á ..┬á┬á┬á┬á ..┬á┬á 500 Second Class Contractor┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á ..┬á┬á┬á ..┬á┬á┬á┬á ..┬á┬á 200 Other Contractors and Suppliers┬á┬á┬á ..┬á┬á┬á ..┬á┬á┬á┬á ..┬á┬á 100 (iii) ┬á Clearing, forwarding agents┬á┬á┬á ..┬á┬á┬á ..┬á┬á┬á┬á ..┬á┬á 2,000 (iv) ┬á Indenting firm┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á┬á ..┬á┬á┬á ..┬á┬á┬á┬á ..┬á┬á 1,000 (v) ┬á┬á Persons holding licences under the Imports and Exports (Control) Act, 1950 and engineering or architectural consultants. 50ÔÇØ", "name": "Amendment of the Finance Act, 1950 (E.B. XVI of 1950)", "related_acts": "236", "section_id": 16 }, { "act_id": 432, "details": "17. During the period from the 1st day of July, 1973 to the 30th day of June, 1974 (both days inclusive), section 6 of the Finance Act, 1957 (E.P. X of 1957), shall have effect as if in sub-section (1) of section 6 for the word and figure “annas 2” the word and figures “Taka 2.00” were substituted.", "name": "Amendment of the Finance Act, 1957 (E.P. X of 1957)", "related_acts": "269", "section_id": 17 }, { "act_id": 432, "details": "18. The rules made under the provisions of the Finance Act, 1957 (E.P. X of 1957) shall, so far as they are not inconsistent with the provisions of this Act, be deemed to be rules under the corresponding provisions of this Act.", "name": "Continuance of rules framed under the Finance Act, 1957 (E. P. X of 1957)", "related_acts": "269", "section_id": 18 }, { "act_id": 432, "details": "19. In the Urban Immovable Property Tax Act, 1957 (E.P. XI of 1957), clause (c) of section 6 shall be deleted and shall be deemed to have been so deleted with effect from the 28th day of February, 1972.", "name": "Amendment of the Urban Immovable Property Tax Act, 1957 (E.P. XI of 1957)", "related_acts": "", "section_id": 19 }, { "act_id": 432, "details": "20. In the Finance Act, 1966 (E.P. III of 1966), in section 5, for sub-section (3) the following shall be substituted, namely:- “(3)\tthe tax shall be levied according to the scale specified below:- Amount of capital gain Rate of tax For the first Taka 3,000 .. .. Nil For the next Taka 7,000 .. .. 10% For the next Taka 10,000 .. .. 15% For the next Taka 20,000 .. .. 20% For the next Taka 30,000 .. .. 30% For the next Taka 30,000 .. .. 45% For the balance .. .. 60% Provided that there shall be a rebate according to the holding period of the property as indicated below:- (i) If the holding period does not exceed 5 years .. Nil (ii) If the holding period exceeds 5 years but does exceed 15 years. 15% of the tax payable; (iii)  If the holding period exceeds 15 years .. 30% of the tax payable: Provided further that where investment in the property is spread over in different periods the rebate under clauses (ii) and (iii) of the first proviso shall be allowed proportionately as prescribed in the rules.”", "name": "Amendment of the Finance Act, 1966 (E. P. III of 1966)", "related_acts": "", "section_id": 20 }, { "act_id": 432, "details": "21. 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": 21 }, { "act_id": 432, "details": "22. 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 Public Demands Recovery Act, 1913 (Beng. III of 1913).", "name": "Public Demand", "related_acts": "98", "section_id": 22 }, { "act_id": 432, "details": "23. 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": 23 }, { "act_id": 432, "details": "24. 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": 24 }, { "act_id": 432, "details": "25. For the year beginning on the first day of July, 1973, the Schedule contained in the Fifth Schedule to this Act shall be inserted in the Post Office Act, 1898 (VI of 1898) as the First Schedule to that Act.", "name": "Inland Postage Rates", "related_acts": "76", "section_id": 25 }, { "act_id": 432, "details": "26. In the Motor Vehicles Tax Act, 1932 (Bengal Act I of 1932), in the First Schedule, for item No. II, the following shall be substituted, namely,- “II – Vehicles for carrying passengers not plying for hire- (a) \tSeating not more than one person – Tk. 70.00 (b) \tSeating not more than three persons – Tk. 150.00 (c) \tSeating not more than four persons – Tk. 225.00 (d) \tSeating more than four persons, for every additional passenger that can be seated – Tk. 60.00”.", "name": "The Motor Vehicles Tax Act, 1932 (Bengal Act I of 1932)", "related_acts": "156", "section_id": 26 } ], "text": "An Act to give effect to the financial proposals of the Government and to amend certain laws. 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 hereinafter appearing; It is hereby enacted as follows:-" }

{ "id": 433, "lower_text": [], "name": "The Appropriation (Railways) Act, 1973", "num_of_sections": 3, "published_date": "30th June, 1973", "related_act": [ 433 ], "repelled": false, "sections": [ { "act_id": 433, "details": "1. This Act may be called the Appropriation (Railways) Act, 1973.", "name": "Short title", "related_acts": "433", "section_id": 1 }, { "act_id": 433, "details": "2. From and out of the Consolidated Fund there may be paid and applied sums not exceeding those specified in column (3) of the Schedule, amounting in the aggregate to the sums of Taka 59,95,27,000 towards defraying the several charges which will come in course of payment during the period beginning on the first day of July, 1973 and ending on the thirtieth day of June, 1974 in respect of Bangladesh Railways for the services and purposes specified in column (2) of the Schedule.", "name": "Issue of Taka 59,95,27,000 from and out of the Consolidated Fund for the period beginning on the first day of July, 1973 and ending on the thirtieth day of June, 1974", "related_acts": "", "section_id": 2 }, { "act_id": 433, "details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Act shall be appropriated in respect of Bangladesh Railways for the services and purposes expressed in the Schedule in relation to the period specified in section 2.", "name": "Appropriation", "related_acts": "", "section_id": 3 } ], "text": "An Act to authorise payment and appropriation of certain sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the service of the period beginning on the first day of July, 1973, and ending on the thirtieth day of June, 1974 WHEREAS it is expedient to authorise payment and appropriation of certain sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the service of the period beginning on the first day of July, 1973 and ending on the thirtieth day of June, 1974; It is hereby enacted as follows:-" }

{ "id": 434, "lower_text": [], "name": "The Appropriation Act, 1973", "num_of_sections": 3, "published_date": "15th July, 1973", "related_act": [ 434, 429 ], "repelled": false, "sections": [ { "act_id": 434, "details": "1. This Act may be called the Appropriation Act, 1973.", "name": "Short title", "related_acts": "434", "section_id": 1 }, { "act_id": 434, "details": "2. In addition to the sum of Taka ninety-four crores, eighty-six lakhs and seventy-eight thousand authorised to be withdrawn and appropriated under the Appropriation (Vote on Account) Act, 1973 (VII of 1973), there may be paid and applied from and out of the Consolidated Fund sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of taka one thousand forty-three crores, fifty-four lakhs and fifty-nine thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1974, in respect of the services and purposes specified in column 2 of the Schedule.", "name": "Issue of Taka 1043,54,59,000 out of the Consolidated Fund for the year 1973-74, in addition to the sum already authorised to be withdrawn for that year", "related_acts": "429", "section_id": 2 }, { "act_id": 434, "details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirtieth day of June, 1974.", "name": "Appropriation", "related_acts": "", "section_id": 3 } ], "text": "An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1974. WHEREAS it is expedient to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1974; It is hereby enacted as follows:-" }

{ "id": 435, "lower_text": [ "1 Clause (aa) was inserted by section 2(a) of The International Crimes (Tribunals) (Amendment) Act, 2009 (Act No. LV of 2009).", "2 Clause (d) was omitted by section 2(b) of The International Crimes (Tribunals) (Amendment) Act, 2009 (Act No. LV of 2009).", "3 Sub-section (1) was substituted by section 3 of The International Crimes (Tribunals) (Amendment) Act, 2009 (Act No. LV of 2009).", "4 The words and comma “or organisation,” were inserted after the word and comma “individuals,” by section 2 of the International Crimes (Tribunals) (Amendment) Act, 2013 (Act No. III of 2013) (with effect from 14th July, 2009).", "5 Sub-section (2) was substituted by section 4 (a) of The International Crimes (Tribunals) (Amendment) Act, 2009 (Act No. LV of 2009).", "6 Sub-section (2A) was inserted by section 4 (b) of The International Crimes (Tribunals) (Amendment) Act, 2009 (Act No. LV of 2009).", "7 The word “Dhaka” was substituted for the word “Dacca” by section 4 (c) of The International Crimes (Tribunals) (Amendment) Act, 2009 (Act No. LV of 2009).", "8 The words “Bangla or” were inserted before the word “English” by section 5 of The International Crimes (Tribunals) (Amendment) Act, 2009 (Act No. LV of 2009).", "9 Section 10A was inserted by section 2 of The International Crimes (Tribunals) (Second Amendment) Act, 2012 (Act No. XLIII of 2012).", "10 Section 11A was inserted by section 2 of the International Crimes (Tribunals) (Amendment) Act, 2012 (Act No. XXI of 2012).", "11 Sub-section (2A) and (2B) were inserted by section 3 of The International Crimes (Tribunals) (Second Amendment) Act, 2012 (Act No. XLIII of 2012).", "12 Section 21 was substituted by section 3 of the International Crimes (Tribunals) (Amendment) Act, 2013 (Act No. III of 2013) (with effect from 14th July, 2009)." ], "name": "The International Crimes (Tribunals) Act, 1973", "num_of_sections": 28, "published_date": "20th July , 1973", "related_act": [ 256, 435, 310, 248, 24 ], "repelled": false, "sections": [ { "act_id": 435, "details": "1. (1) This Act may be called the International Crimes (Tribunals) Act, 1973. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "Short title, extent and commencement", "related_acts": "435", "section_id": 1 }, { "act_id": 435, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“auxiliary forces” includes forces placed under the control of the Armed Forces for operational, administrative, static and other purposes; 1(aa) “armed forces” means the forces raised and maintained under the Army Act, 1952 (XXXIX of 1952), the Air Force Act, 1953 (VI of 1953), or the Navy Ordinance, 1961 (XXXV of 1961); (b)\t“Government” means the Government of the People's Republic of Bangladesh; (c)\t“Republic” means the People's Republic of Bangladesh; 2 *** (e)\t“territory of Bangladesh” means the territory of the Republic as defined in article 2 of the Constitution of the People's Republic of Bangladesh; (f)\t“Tribunal” means a Tribunal set up under this Act.", "name": "Definitions", "related_acts": "248,256,310", "section_id": 2 }, { "act_id": 435, "details": "3. 3(1) A Tribunal shall have the power to try and punish any individual or group of individuals, 4or organisation, or any member of any armed, defence or auxiliary forces, irrespective of his nationality, who commits or has committed, in the territory of Bangladesh, whether before or after the commencement of this Act, any of the crimes mentioned in sub-section (2). (2) The following acts or any of them are crimes within the jurisdiction of a Tribunal for which there shall be individual responsibility, namely:- (a)\tCrimes against Humanity: namely, murder, extermination, enslavement, deportation, imprisonment, abduction, confinement, torture, rape or other inhumane acts committed against any civilian population or persecutions on political, racial, ethnic or religious grounds, whether or not in violation of the domestic law of the country where perpetrated; (b)\tCrimes against Peace: namely, planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances; (c)\tGenocide: meaning and including any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, religious or political group, such as: (i)\tkilling members of the group; (ii)\tcausing serious bodily or mental harm to members of the group; (iii)\tdeliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (iv)\timposing measures intended to prevent births within the group; (v)\tforcibly transferring children of the group to another group;  (d)\tWar Crimes: namely, violation of laws or customs of war which include but are not limited to murder, ill-treatment or deportation to slave labour or for any other purpose of civilian population in the territory of Bangladesh; murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages and detenues, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity; (e)\tviolation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949; (f)\tany other crimes under international law; (g)\tattempt, abetment or conspiracy to commit any such crimes; (h)\tcomplicity in or failure to prevent commission of any such crimes.", "name": "Jurisdiction of Tribunal and crimes", "related_acts": "", "section_id": 3 }, { "act_id": 435, "details": "4. (1) When any crime as specified in section 3 is committed by several persons, each of such person is liable for that crime in the same manner as if it were done by him alone. (2) Any commander or superior officer who orders, permits, acquiesces or participates in the commission of any of the crimes specified in section 3 or is connected with any plans and activities involving the commission of such crimes or who fails or omits to discharge his duty to maintain discipline, or to control or supervise the actions of the persons under his command or his subordinates, whereby such persons or subordinates or any of them commit any such crimes, or who fails to take necessary measures to prevent the commission of such crimes, is guilty of such crimes.", "name": "Liability for Crimes", "related_acts": "", "section_id": 4 }, { "act_id": 435, "details": "5. (1) The official position, at any time, of an accused shall not be considered freeing him from responsibility or mitigating punishment. (2) The fact that the accused acted pursuant to his domestic law or to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment if the Tribunal deems that justice so requires.", "name": "Official position, etc. not to free an accused from responsibility for any crime", "related_acts": "", "section_id": 5 }, { "act_id": 435, "details": "6. (1) For the purpose of section 3, the Government may, by notification in the official Gazette, set up one or more Tribunals, each consisting of a Chairman and not less than two and not more than four other members. 5(2) Any person who is a Judge, or is qualified to be a Judge, or has been a Judge, of the Supreme Court of Bangladesh, may be appointed as a Chairman or member of a Tribunal. 6(2A) The Tribunal shall be independent in the exercise of its judicial functions and shall ensure fair trial. (3) The permanent seat of a Tribunal shall be in 7Dhaka: Provided that a Tribunal may hold its sittings at such other place or places as it deems fit. (4) If any member of a Tribunal dies or is, due to illness or any other reason, unable to continue to perform his functions, the Government may, by notification in the official Gazette, declare the office of such member to be vacant and appoint thereto another person qualified to hold the office. (5) If, in the course of a trial, any one of the members of a Tribunal is, for any reason, unable to attend any sitting thereof, the trial may continue before the other members. (6) A Tribunal shall not, merely by reason of any change in its membership or the absence of any member thereof from any sitting, be bound to recall and re-hear any witness who has already given any evidence and may act on the evidence already given or produced before it. (7) If, upon any matter requiring the decision of a Tribunal, there is a difference of opinion among its members, the opinion of the majority shall prevail and the decision of the Tribunal shall be expressed in terms of the views of the majority. (8) Neither the constitution of a Tribunal nor the appointment of its Chairman or members shall be challenged by the prosecution or by the accused persons or their counsel.", "name": "Tribunal", "related_acts": "", "section_id": 6 }, { "act_id": 435, "details": "7. (1) The Government may appoint one or more persons to conduct the prosecution before a Tribunal on such terms and conditions as may be determined by the Government; and every such person shall be deemed to be a Prosecutor for the purposes of this Act. (2) The Government may designate one of such persons as the Chief Prosecutor.", "name": "Prosecutors", "related_acts": "", "section_id": 7 }, { "act_id": 435, "details": "8. (1) The Government may establish an Agency for the purposes of investigation into crimes specified in section 3; and any officer belonging to the Agency shall have the right to assist the prosecution during the trial. (2) Any person appointed as a Prosecutor is competent to act as an Investigation Officer and the provisions relating to investigation shall apply to such Prosecutor. (3) Any Investigation Officer making an investigation under this Act may, by order in writing, require the attendance before himself of any person who appears to be acquainted with the circumstances of the case; and such person shall attend as so required. (4) Any Investigation Officer making an investigation under this Act may examine orally any person who appears to be acquainted with the facts and circumstances of the case. (5) Such person shall be bound to answer all questions put to him by an Investigation Officer and shall not be excused from answering any question on the ground that the answer to such question will criminate, or may tend directly or indirectly to criminate, such person: Provided that no such answer, which a person shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding. (6) The Investigation Officer may reduce into writing any statement made to him in the course of examination under this section. (7) Any person who fails to appear before an Investigation Officer for the purpose of examination or refuses to answer the questions put to him by such Investigation Officer shall be punished with simple imprisonment which may extend to six months, or with fine which may extend to Taka two thousand, or with both. (8) Any Magistrate of the first class may take cognizance of an offence punishable under sub-section (7) upon a complaint in writing by an Investigation Officer. (9) Any investigation done into the crimes specified in section 3 shall be deemed to have been done under the provisions of this Act.", "name": "Investigation", "related_acts": "", "section_id": 8 }, { "act_id": 435, "details": "9. (1) The proceedings before a Tribunal shall commence upon the submission by the Chief Prosecutor, or a Prosecutor authorised by the Chief Prosecutor in this behalf, of formal charges of crimes alleged to have been committed by each of the accused persons. (2) The Tribunal shall thereafter fix a date for the trial of such accused person. (3) The Chief Prosecutor shall, at least three weeks before the commencement of the trial, furnish to the Tribunal a list of witnesses intended to be produced along with the recorded statement of such witnesses or copies thereof and copies of documents which the prosecution intends to rely upon in support of such charges. (4) The submission of a list of witnesses and documents under sub-section (3) shall not preclude the prosecution from calling, with the permission of the Tribunal, additional witnesses or tendering any further evidence at any stage of the trial: Provided that notice shall be given to the defence of the additional witnesses intended to be called or additional evidence sought to be tendered by the prosecution. (5) A list of witnesses for the defence, if any, along with the documents or copies thereof, which the defence intends to rely upon, shall be furnished to the Tribunal and the prosecution at the time of the commencement of the trial.", "name": "Commencement of the Proceedings", "related_acts": "", "section_id": 9 }, { "act_id": 435, "details": "10. (1) The following procedure shall be followed at a trial before a Tribunal, namely:- (a)\tthe charge shall be read out; (b)\tthe Tribunal shall ask each accused person whether he pleads guilty or not-guilty; (c)\tif the accused person pleads guilty, the Tribunal shall record the plea, and may, in its discretion, convict him thereon; (d)\tthe prosecution shall make an opening statement; (e)\tthe witnesses for the prosecution shall be examined, the defence may cross-examine such witnesses and the prosecution may re-examine them; (f)\tthe witnesses for the defence, if any, shall be examined, the prosecution may cross-examine such witnesses and the defence may re-examine them; (g)\tthe Tribunal may, in its discretion, permit the party which calls a witness to put any question to him which might be put in cross-examination by the adverse party; (h)\tthe Tribunal may, in order to discover or obtain proof of relevant facts, ask any witness any question it pleases, in any form and at any time about any fact; and may order production of any document or thing or summon any witness, and neither the prosecution nor the defence shall be entitled either to make any objection to any such question or order or, without the leave of the Tribunal, to cross-examine any witness upon any answer given in reply to any such question; (i)\tthe prosecution shall first sum up its case, and thereafter the defence shall sum up its case:  Provided that if any witness is examined by the defence, the prosecution shall have the right to sum up its case after the defence has done so; (j)\tthe Tribunal shall deliver its judgement and pronounce its verdict. (2) All proceedings before the Tribunal shall be in 8Bangla or English. (3) Any accused person or witness who is unable to express himself in, or does not understand, English may be provided the assistance of an interpreter. (4) The proceedings of the Tribunal shall be in public: Provided that the Tribunal may, if it thinks fit, take proceedings in camera. (5) No oath shall be administered to any accused person.", "name": "Procedure of trial", "related_acts": "", "section_id": 10 }, { "act_id": 435, "details": "910A. (1) Where a proceeding is commenced under sub-section (1) of section 9, the tribunal, before fixing the date for the trial under sub-section (2) of the said section, has reason to believe that the accused person has absconded or concealed himself so that he cannot be produced for trial, may hold the trial in his absence following the procedure as laid down in the Rules of Procedure made under section 22 for such trial. (2) Where the accused person is tried under sub-section (1), the Tribunal may direct that a Counsel shall be engaged at the expense of the Goverment to defend the accused person and may also determine the fees to be paid to such Counsel.", "name": "Trial in absentia", "related_acts": "", "section_id": 11 }, { "act_id": 435, "details": "11. (1) A Tribunal shall have power- (a)\tto summon witnesses to the trial and to require their attendance and testimony and to put questions to them; (b)\tto administer oaths to witnesses; (c)\tto require the production of document and other evidentiary material; (d)\tto appoint persons for carrying out any task designated by the Tribunal. (2) For the purpose of enabling any accused person to explain any circumstances appearing in the evidence against him, a Tribunal may, at any stage of the trial without previously warning the accused person, put such questions to him as the Tribunal considers necessary: Provided that the accused person shall not render himself liable to punishment by refusing to answer such questions or by giving false answers to them; but the Tribunal may draw such inference from such refusal or answers as it thinks just; (3) A Tribunal shall- (a)\tconfine the trial to an expeditious hearing of the issues raised by the charges; (b)\ttake measures to prevent any action which may cause unreasonable delay, and rule out irrelevant issues and statements. (4) A Tribunal may punish any person, who obstructs or abuses its process or disobeys any of its orders or directions, or does anything which tends to prejudice the case of a party before it, or tends to bring it or any of its members into hatred or contempt, or does anything which constitutes contempt of the Tribunal, with simple imprisonment which may extend to one year, or with fine which may extend to Taka five thousand, or with both. (5) Any member of a Tribunal shall have power to direct, or issue a warrant for, the arrest of, and to commit to custody, and to authorise the continued detention in custody of, any person charged with any crime specified in section 3. (6) The Chairman of a Tribunal may make such administrative arrangements as he considers necessary for the performance of the functions of the Tribunal under this Act.", "name": "Powers of Tribunal", "related_acts": "", "section_id": 12 }, { "act_id": 435, "details": "1011A.(1) At any stage of a case, a Tribunal may, on its own motion or on the application of the Chief Prosecutor, by an order in writing, transfer the case to another Tribunal, Whenever it considers such transfer to be just, expedient and convenient for the proper dispensation of justice and expeditious disposal of such cases. (2) Where a case has been transferred under sub-section (1), the Tribunal which thereafter tries such case shall, subject to the provisions of this Act, proceed from the stage at which it was so transferred.", "name": "Power to transfer cases.", "related_acts": "", "section_id": 13 }, { "act_id": 435, "details": "12. Where an accused person is not represented by counsel, the Tribunal may, at any stage of the case, direct that a counsel shall be engaged at the expense of the Government to defend the accused person and may also determine the fees to be paid to such counsel.", "name": "Provision for defence counsel", "related_acts": "", "section_id": 14 }, { "act_id": 435, "details": "13. No trial before a Tribunal shall be adjourned for any purpose unless the Tribunal is of the opinion that the adjournment is in the interest of justice.", "name": "Restriction of adjournment", "related_acts": "", "section_id": 15 }, { "act_id": 435, "details": "14. (1) Any Magistrate of the first class may record any statement or confession made to him by an accused person at any time in the course of investigation or at any time before the commencement of the trial. (2) The Magistrate shall, before recording any such confession, explain to the accused person making it that he is not bound to make a confession and that if he does so it may be used as evidence against him and no Magistrate shall record any such confession unless, upon questioning the accused making it, he has reason to believe that it was made voluntarily.", "name": "Statement or confession of accused persons", "related_acts": "", "section_id": 16 }, { "act_id": 435, "details": "15. (1) At any stage of the trial, a Tribunal may with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any of the crimes specified in section 3, tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the crime and to every other person concerned, whether as principal or abettor, in the commission thereof. (2) Every person accepting the tender under this section shall be examined as a witness in the trial. (3) Such person shall be detained in custody until the termination of the trial.", "name": "Pardon of an approver", "related_acts": "", "section_id": 17 }, { "act_id": 435, "details": "16. (1) Every charge against an accused person shall state- (a)\tthe name and particulars of the accused person; (b)\tthe crime of which the accused person is charged; (c)\tsuch particulars of the alleged crime as are reasonably sufficient to give the accused person notice of the matter with which he is charged. (2) A copy of the formal charge and a copy of each of the documents lodged with the formal charge shall be furnished to the accused person at a reasonable time before the trial; and in case of any difficulty in furnishing copies of the documents, reasonable opportunity for inspection shall be given to the accused person in such manner as the Tribunal may decide.", "name": "Charge, etc.", "related_acts": "", "section_id": 18 }, { "act_id": 435, "details": "17. (1) During trial of an accused person he shall have the right to give any explanation relevant to the charge made against him. (2) An accused person shall have the right to conduct his own defence before the Tribunal or to have the assistance of counsel. (3) An accused person shall have the right to present evidence at the trial in support of his defence, and to cross-examine any witness called by the prosecution.", "name": "Right of accused person during trial", "related_acts": "", "section_id": 19 }, { "act_id": 435, "details": "18. A witness shall not be excused from answering any question put to him on the ground that the answer to such question will criminate or may tend directly or indirectly to criminate such witness, or that it will expose or tend directly or indirectly to expose such witness to a penalty or forfeiture of any kind: Provided that no such answer which a witness shall be compelled to give shall subject him to any arrest or prosecution or be proved against him in any criminal proceeding, except a prosecution for giving false evidence.", "name": "No excuse from answering any question", "related_acts": "", "section_id": 20 }, { "act_id": 435, "details": "19. (1) A Tribunal shall not be bound by technical rules of evidence; and it shall adopt and apply to the greatest possible extent expeditious and non-technical procedure, and may admit any evidence, including reports and photographs published in newspapers, periodicals and magazines, films and tape-recordings and other materials as may be tendered before it, which it deems to have probative value. (2) A Tribunal may receive in evidence any statement recorded by a Magistrate or an Investigation Officer being a statement made by any person who, at the time of the trial, is dead or whose attendance cannot be procured without an amount of delay or expense which the Tribunal considers unreasonable. (3) A Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof. (4) A Tribunal shall take judicial notice of official governmental documents and reports of the United Nations and its subsidiary agencies or other international bodies including non-governmental organisations.", "name": "Rules of evidence", "related_acts": "", "section_id": 21 }, { "act_id": 435, "details": "20. (1) The Judgement of a Tribunal as to the guilt or the innocence of any accused person shall give the reasons on which it is based: Provided that each member of the Tribunal shall be competent to deliver a judgement of his own. (2) Upon conviction of an accused person, the Tribunal shall award sentence of death or such other punishment proportionate to the gravity of the crime as appears to the Tribunal to be just and proper. 11(2A) A copy of judgement under the seal and signature of the Registrar of a Tribunal shall be provided, free of cost, to the prosecution and the accused person on the date of delivery of the judgement. (2B) Notwithstanding anything contained in any other law, rule or legal instrument for the time being in force, when a copy of Judgement is provided under sub-section (2A), it shall be used as certified copy of the judgement of the Tribunal for the purpose of preferring an appeal under section 21. (3) The sentence awarded under this Act shall be carried out in accordance with the orders of the Government.", "name": "Judgement and sentence", "related_acts": "", "section_id": 22 }, { "act_id": 435, "details": "1221. (1) A person convicted of any crime specified in section 3 and sentenced by a Tribunal may appeal, as of right, to the Appellate Division of the Supreme Court of Bangladesh against such conviction and sentence. (2) The Government or the complainant or the informant, as the case may be, may appeal, as of right, to the Appellate Division of the Supreme Court of Bangladesh against an order of acquittal or an order of sentence. (3) An appeal under sub-section (1) or (2) shall be preferred within 30 (thirty) days from the date of conviction and sentence, or acquittal or any sentence, and no appeal shall lie after the expiry of the aforesaid period. (4) The appeal shall be disposed of within 60 (sixty) days from the date of its filing. (5) At the time of filing the appeal, the appellant shall submit all documents as may be relied upon by him.", "name": "Right of Appeal", "related_acts": "", "section_id": 23 }, { "act_id": 435, "details": "22. Subject to the provision of this Act, a Tribunal may regulate its own procedure.", "name": "Rules of procedure", "related_acts": "", "section_id": 24 }, { "act_id": 435, "details": "23. The provisions of the Criminal Procedure Code, 1898 (V of 1898), and the Evidence Act, 1872 (I of 1872), shall not apply in any proceedings under this Act.", "name": "Certain laws not to apply", "related_acts": "24", "section_id": 25 }, { "act_id": 435, "details": "24. No order, judgement or sentence of a Tribunal shall be called in question in any manner whatsoever in or before any Court or other authority in any legal proceedings whatsoever except in the manner provided in section 21.", "name": "Bar of Jurisdiction", "related_acts": "", "section_id": 26 }, { "act_id": 435, "details": "25. No suit, prosecution or other legal proceeding shall lie against the Government or any person for anything, in good faith, done or purporting to have been done under this Act.", "name": "Indemnity", "related_acts": "", "section_id": 27 }, { "act_id": 435, "details": "26. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.", "name": "Provisions of the Act over-riding all other laws", "related_acts": "", "section_id": 28 } ], "text": "An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under international law. WHEREAS it is expedient to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under international law, and for matters connected therewith; It is hereby enacted as follows:-" }

{ "id": 436, "lower_text": [ "1 Section 7 was substituted by section 2 of the Bangladesh Fisheries Development Corporation (Amendment) Ordinance, 1984 (Ordinance No. LXXIV of 1984)", "2 The words “for approval” were omitted by section 3 of the Bangladesh Fisheries Development Corporation (Amendment) Ordinance, 1984 (Ordinance No. LXXIV of 1984)" ], "name": "The Bangladesh Fisheries Development Corporation Act, 1973", "num_of_sections": 27, "published_date": "21st September, 1973", "related_act": [ 442, 436 ], "repelled": false, "sections": [ { "act_id": 436, "details": "1. (1) This Act may be called the Bangladesh Fisheries Development Corporation Act, 1973. (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 28th day of August, 1973.", "name": "Short title, extent and commencement", "related_acts": "436", "section_id": 1 }, { "act_id": 436, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Directors of the Corporation; (b) \t“Corporation” means the Bangladesh Fisheries Development Corporation established under section 3; (c) \t“Chairman” means the Chairman of the Board; (d) \t“fish” means any species of fish or aquatic plants and animals including whales, seals, porpoises, dolphins, turtles, shellfish, oysters, crustaceans, frogs, ascidians and spawns and eggs of such animals or plants grown either in salt water or fresh water; (e) \t“fishing boat” means a vessel of whatever size, and in whatever way propelled, which is for the time being employed in fishing; (f) \t“fishing industry” means capturing, preservation, distribution and marketing of fish, and includes processing, manufacturing and disposal of fish and fish by-products; construction of fishing crafts, fishing nets and factories for fishing nets and gears and establishment and operation of refrigeration units, fish markets, fish ports and fish landing terminals and any matter incidental or ancillary thereto; and (g)\t“prescribed” means prescribed by rules or regulations made under this Act.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 436, "details": "3. (1) On the commencement of this Act, there shall be established a Corporation to be called the Bangladesh Fisheries Development Corporation for carrying out the purposes of this Act. (2) The Corporation shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of properties, both movable and immovable, and shall by the said name sue and be sued.", "name": "Establishment of the Corporation", "related_acts": "", "section_id": 3 }, { "act_id": 436, "details": "4. (1) The Head Office of the Corporation shall be at Dacca. (2) The Corporation may establish offices, branches or agencies at such other places as the Board may think fit.", "name": "Head Office, etc.", "related_acts": "", "section_id": 4 }, { "act_id": 436, "details": "5. (1) The authorised capital of the Corporation shall be taka one crore to be subscribed by the Government from time to time in such manner and form as may be determined by the Government. (2) The Government may increase the authorised capital from time to time. (3) Notwithstanding anything contained in sub-section (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 manner as may be approved by the Government.", "name": "Capital", "related_acts": "", "section_id": 5 }, { "act_id": 436, "details": "6. (1) The Corporation shall take such measures as it thinks fit for development of fisheries and fishing industries in Bangladesh. (2) In particular and without prejudice to the generality of the foregoing provision, the Corporation shall, in order to carry out the purposes of this Act, have power to- (a)\ttake measures for the development of fisheries and fishing industry; (b) \testablish fishing industry; (c) \testablish units for capture of fish and promote a better organisation for exploitation of fish wealth; (d)\tacquire, hold or dispose of fishing boats, fish carriers, road and river transports and all equipment and accessories necessary in connection with the development of fishing industry; (e)\testablish units for preservation, processing, distribution and marketing of fish and fish-products; (f) \tadvance loans to fishing industries and to the fishermen's co-operative societies; (g)\tencourage establishment of fishermen's co-operative societies; (h)\tundertake survey and investigations of the fish resources; (i) \testablish institutes or make arrangements for the training and research in the methods of catching, processing, transport, preservation and marketing of fish; (j) \tset up organisations for export of fish and fish-products; and (k) \tacquire, hold and dispose of such other properties as are required for carrying out all or any of the above-mentioned purposes. (3) The Corporation may formulate scheme or schemes for carrying out all or any of the functions specified in this section.", "name": "Functions of the Corporation", "related_acts": "", "section_id": 6 }, { "act_id": 436, "details": "17. (1) The general direction and administration of the Corporation and its affairs shall vest in a Board which shall have full authority to exercise all powers and do all acts and things which may be exercised or done by the Corporation. (2) The Board, in discharging its functions, shall act on commercial considerations and shall be subject to the superintendence and control of the Government and shall also be guided by such general or special instructions as may, from time to time, be given to it by the Government.", "name": "Management", "related_acts": "", "section_id": 7 }, { "act_id": 436, "details": "8. (1) The Board shall consist of not more than five Directors to be appointed by the Government. (2) Of the Directors appointed under sub-section (1), at least two shall be whole time Directors. (3) A Director shall- (a)\thold office during the pleasure of the Government but not for a period exceeding five years and may be reappointed for such further period or periods as the Government may, from time to time, specify; (b)\treceive such salary and allowances as the Government may determine; and (c)\tperform such duties as are assigned to him by this Act or as may be prescribed. (4) A casual vacancy in the office of a Director shall be filled in by the appointment of another Director who, subject to the provisions of sub-section (3), shall hold office for the unexpired period of the term of his predecessor. (5) Every person appointed as Director shall divest himself of any directorship or other interest held by him in any firm, company or concern which has dealings with the Corporation.", "name": "Board of Directors", "related_acts": "", "section_id": 8 }, { "act_id": 436, "details": "9. The Government shall appoint one of the whole time Directors to be the Chairman, who shall be the chief executive officer of the Corporation.", "name": "Appointment of Chairman", "related_acts": "", "section_id": 9 }, { "act_id": 436, "details": "10. (1) The Chairman and other Directors shall exercise such powers, perform such functions and discharge such duties as may be prescribed. (2) 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": "Duties of the Chairman and Director", "related_acts": "", "section_id": 10 }, { "act_id": 436, "details": "11. 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; (b)\tis or has at any time been adjudged insolvent; (c)\tis found to be a lunatic or becomes of unsound mind; (d) \tis subject to a disqualification imposed by or under any law for the time being in force to hold any public office; (e) \tabsents himself from three consecutive meetings of the Board without leave of absence of the Government in the case of Chairman or of the Chairman in the case of a Director; or (f) \tis a minor.", "name": "Disqualifications of Directors", "related_acts": "", "section_id": 11 }, { "act_id": 436, "details": "12. (1) The meetings of the Board shall be held at such times, and at such places as may be prescribed: Provided that at least one meeting shall be held in three months: Provided further that a meeting may also be otherwise convened by the Chairman when he thinks fit or when the Government requires for any specific purpose. (2) To constitute a quorum at a meeting of the Board not less than three members including the Chairman shall be present. (3) If, for any reason, the Chairman is unable to preside over a meeting of the Board, it shall be presided over by a Director authorised, in writing, by the Chairman, and in default of such authorisation, by such Director as the Directors present may choose. (4) At a meeting of the Board, 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) No Director shall vote in any matter relating to a concern in which he is directly or indirectly interested. (6) The minutes of the meetings of the Board shall be sent to the Government within fifteen days from the date of the meeting 2* * *.", "name": "Meetings of the Board", "related_acts": "", "section_id": 12 }, { "act_id": 436, "details": "13. No act or proceeding 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 of a Director.", "name": "Vacancies, etc., not to invalidate acts and proceedings of the Board", "related_acts": "", "section_id": 13 }, { "act_id": 436, "details": "14. (1) The Corporation may, subject to such general or specific orders as may be given by the Government from time to time, appoint such officers, advisers, consultants 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 Board may appoint such Committee or Committees as it thinks fit to assist in the efficient discharge of its functions.", "name": "Appointment of officers, employees, consultants and committees", "related_acts": "", "section_id": 14 }, { "act_id": 436, "details": "15. The Directors, officers, advisers and employees of the Corporation shall, while acting or purporting to act in pursuance of any provisions of this Act, or the rules and regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Penal Code (Act XLV of 1860).", "name": "Public servants etc.", "related_acts": "", "section_id": 15 }, { "act_id": 436, "details": "16. (1) The Board may delegate to the Chairman, or any Director or officer, any of its powers under this Act or the rules or regulations made thereunder. (2) The Chairman may likewise delegate to any Director or officer any of his powers under this Act or the rules or regulations made thereunder not being a power delegated to him by the Board under sub-section (1).", "name": "Delegation of powers", "related_acts": "", "section_id": 16 }, { "act_id": 436, "details": "17. The Corporation may, with the prior approval of the Government, borrow money in Bangladesh or in foreign currency.", "name": "Borrowing power", "related_acts": "", "section_id": 17 }, { "act_id": 436, "details": "18. The Corporation may open account with any bank or banks as may be decided by the Board.", "name": "Opening of Account", "related_acts": "", "section_id": 18 }, { "act_id": 436, "details": "19. The Corporation may invest its funds in such securities as may be authorised by the Government.", "name": "Investment of Fund", "related_acts": "", "section_id": 19 }, { "act_id": 436, "details": "20. After making provisions for bad and doubtful debts, depreciation of assets and any other matter as may be prescribed, 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": "Profits", "related_acts": "", "section_id": 20 }, { "act_id": 436, "details": "21. The Corporation shall, by such date in each financial 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 sums which are likely to be required from the Government during that financial year.", "name": "Annual Budget statement", "related_acts": "", "section_id": 21 }, { "act_id": 436, "details": "22. (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 Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), who shall be appointed by the Government. (3) Every auditor appointed under sub-section (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": "Accounts and audit", "related_acts": "442", "section_id": 22 }, { "act_id": 436, "details": "23. (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 section 22 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 sub-section (2) shall be published in the official Gazette and shall be laid before Parliament.", "name": "Reports and returns", "related_acts": "", "section_id": 23 }, { "act_id": 436, "details": "24. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for- (a)\tthe carrying out of continuous evaluation by the Government of the work of the Corporation; (b)\tthe maintenance of liaison between the Corporation and other bodies and authorities concerned with administration and development; (c) \tthe powers of the Directors; (d)\tthe powers relating to creation of posts in the Corporation; and (e) \tany other matters required by the provisions of this Act to be prescribed.", "name": "Power to make rules", "related_acts": "", "section_id": 24 }, { "act_id": 436, "details": "25. The Corporation may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Act or 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 Act.", "name": "Power to make regulations", "related_acts": "", "section_id": 25 }, { "act_id": 436, "details": "26. (1) The Government may, by notification in the official Gazette, direct that the Corporation shall be dissolved from such date as may be specified in the notification, and thereupon the Corporation shall stand dissolved on that date. (2) On and from the aforesaid date,- (a)\tall assets acquired, and all liabilities and obligations incurred, by the Corporation for purposes of the Corporation or for any of the purposes referred to in this Act shall devolve on the Government; and (b)\tthe Chairman and Directors shall vacate their offices.", "name": "Dissolution of the Corporation", "related_acts": "", "section_id": 26 }, { "act_id": 436, "details": "27. (1) The Fisheries Development Corporation Ordinance, 1964 (E.P. Ordinance IV of 1964), and the Bangladesh Fisheries Development Corporation Ordinance, 1973 (Ordinance XVII of 1973), are hereby repealed. (2) Upon the repeal of the Fisheries Development Corporation Ordinance, 1964 (Ordinance IV of 1964),- (a)\tnotwithstanding anything contained in this Act, the Board of Directors of the Bangladesh Fisheries Development Corporation established by that Ordinance, hereinafter referred to as the Fisheries Development Corporation, functioning immediately before such repeal shall, until such time as a Board is appointed under section 8, be deemed to be the Board appointed under that section; (b)\tall assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash and bank balances, funds and all other interests and rights in, or arising out of, such property, of the Fisheries Development Corporation shall stand transferred to, and vested in, the Corporation; (c)\tall liabilities and obligations of whatever kind of the Fisheries Development Corporation subsisting immediately before such repeal shall, unless the Government otherwise directs, be the liabilities and obligations of the Corporation; (d) all officers, advisers and other employees of the Fisheries Development Corporation shall be deemed to be officers, advisers and employees of the Corporation and shall hold office on the same terms and conditions as were enjoyed by them immediately before such repeal and shall continue to do so unless and until their remuneration or terms and conditions are duly altered by the Corporation: Provided that the Government may alter their remuneration or terms and conditions of service whenever it deems fit so to do; (e) \tall suits and other legal proceedings instituted by or against the Fisheries Development Corporation before such repeal shall be deemed to have been instituted by or against the Corporation. (3) Notwithstanding the repeal of the Bangladesh Fisheries Development Corporation Ordinance, 1973 (Ordinance XVII of 1973), anything done or any action taken, including any order made, notification issued or direction given under that Ordinance shall be deemed to have been done, taken, made, issued or given, as the case may be, under the corresponding provision of this Act.", "name": "Repeals and savings", "related_acts": "", "section_id": 27 } ], "text": "An Act to provide for the establishment of the Bangladesh Fisheries Development Corporation. WHEREAS it is expedient to provide for the establishment of the Bangladesh Fisheries Development Corporation for the purpose of development of fishing industry in Bangladesh and for certain other matters connected therewith or ancillary thereto; It is hereby enacted as follows:-" }

{ "id": 437, "lower_text": [ "1 Clause (gg) was inserted by section 2 of the Printing Presses and Publications (Declaration and Registration) (Amendment) Act, 1991 (Act No. VIII of 1991)", "2 PART IA was inserted by section 3 of the Printing Presses and Publications (Declaration and Registration) (Amendment) Act, 1991 (Act No. VIII of 1991).", "3 Clause (e) was omitted by section 2 of the Printing Presses and Publications (Declaration and Registration) (Second Amendment) Ordinance, 1977 (Ordinance No. III of 1977)", "4 The words “the proprietor or the publisher” were substituted for the words “the publisher” by section 2 of the Printing Presses and Publications (Declaration and Registration) (Second Amendment) Ordinance, 1977 (Ordinance No. III of 1977)", "5 The Explanation was added by section 2 of the Printing Presses and Publications (Declaration and Registration) (Second Amendment) Ordinance, 1977 (Ordinance No. III of 1977)", "6 The words “Press Appellate Board” were substituted for the word “Government” by section 4 of the Printing Presses and Publications (Declaration and Registration) (Amendment) Act, 1991 (Act No. VIII of 1991)", "7 The words “Press Appellate Board” were substituted for the word “Government” by section 4 of the Printing Presses and Publications (Declaration and Registration) (Amendment) Act, 1991 (Act No. VIII of 1991)", "8 The words “Press Appellate Board” were substituted for the word “Government” by section 4 of the Printing Presses and Publications (Declaration and Registration) (Amendment) Act, 1991 (Act No. VIII of 1991)", "9 Section 20A was inserted by section 2 of the Printing Presses and Publications (Declaration and Registration) (Amendment) Ordinance, 1976 (Ordinance No. II of 1976)", "10 The words “the proprietor or the publisher” were substituted for the words “the publisher” by section 2 of the Printing Presses and Publications (Declaration and Registration) (Second Amendment) Ordinance, 1977 (Ordinance No. XVI of 1977)", "11 Clause (b) was substituted by section 3 of the Printing Presses and Publications (Declaration and Registration) (Second Amendment) Ordinance, 1977 (Ordinance No. III of 1977)", "12 Clause (d) was substituted by section 2 of the Printing Presses and Publications (Declaration and Registration) (Amendment) Ordinance, 1979 (Ordinance No. I of 1979)", "13 The words “Press Appellate Board” were substituted for the word “Government” by section 5 of the Printing Presses and Publications (Declaration and Registration) (Amendment) Act, 1991 (Act No. VIII of 1991)", "14 The words “five thousand” were substituted for the words “two thousand” by section 6 of the Printing Presses and Publications (Declaration and Registration) (Amendment) Act, 1991 (Act No. VIII of 1991)", "15 The words “five thousand” were substituted for the words “two thousand” by section 7 of the Printing Presses and Publications (Declaration and Registration) (Amendment) Act, 1991 (Act No. VIII of 1991)", "16 The words “five thousand” were substituted for the words “two thousand” by section 8 of the Printing Presses and Publications (Declaration and Registration) (Amendment) Act, 1991 (Act No. VIII of 1991).", "17 The words “five thousand” were substituted for the words “two thousand” by section 9 of the Printing Presses and Publications (Declaration and Registration) (Amendment) Act, 1991 (Act No. VIII of 1991)", "18 The words “twenty thousand” were substituted for the words “ten thousand” by section 10 of the Printing Presses and Publications (Declaration and Registration) (Amendment) Act, 1991 (Act No. VIII of 1991)" ], "name": "The Printing Presses and Publications (Declaration and Registration) Act, 1973", "num_of_sections": 43, "published_date": "22nd September, 1973", "related_act": [ 33, 218, 73, 75, 466, 211, 212, 213, 437, 214, 216, 217, 215, 219 ], "repelled": false, "sections": [ { "act_id": 437, "details": "1. (1) This Act may be called the Printing Presses and Publications (Declaration and Registration) Act, 1973. (2) It shall come into force at once and shall be deemed to have taken effect on the 28th day of August, 1973.", "name": "Short title and commencement", "related_acts": "437", "section_id": 1 }, { "act_id": 437, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“authenticated declaration” means a declaration made and subscribed under section 7 and authenticated or deemed to have been authenticated under section 12; (b)\t“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; (c)\t“document” includes any painting, drawing, photograph or other visible representation; (d)\t“editor” means the person who controls the selection of the matter that is published in a newspaper; (e) \t“form” means a form contained in the Schedule; (f) \t“newspaper” means any periodical work containing public news or comments on public news, and includes such other class of periodical works as the Government may, by notification in the official Gazette, declare to be newspapers; (g)\t“news-sheet” means any document other than a newspaper containing public news or comments on public news; 1(gg) \t“Press Appellate Board” means the Press Appellate Board constituted under section 2a. (h) \t“papers” includes a document, leaflet, newspaper, news-sheet and poster; (i) \t“prescribed” means prescribed by rules; (j) \t“press” includes a printing press and all machines, implements and plant and parts thereof and all materials used for multiplying documents; (k)\t“printer” means the person who owns or keeps in his possession any press for the printing of books or papers; (l) \t“printing press” includes all engines, machinery, types, lithographic stones, implements, utensils and other plant or materials used for the purpose of printing; (m)\t“publisher” means the person who, in any manner whatsoever, undertakes, is in control on, or is responsible for the publication of any book or paper, and includes the proprietor of the publishing concern; (n)\t“unauthorised newspaper” means any newspaper in respect of which there are not for the time being valid declarations under section 7; (o)\t“unauthorised news-sheet” means any news-sheet other than a news-sheet published by a person authorised under section 21 to publish it; and (p)\t“unauthorised press” means any press other than a press in respect of which there is for the time being a valid declaration under section 4.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 437, "details": "2A. The Government shall constitute a Press Appellate Board consisting of the following members, namely:- (a)\tChairman of the Press Council established under the Press Council Act, 1974 (XXV of 1974), who shall also be its Chairman; (b) \ta member of the said Press Council to be nominated by its Chairman; (c) \tan officer in the service of the Republic, not below the rank of a Joint Secretary, to be nominated by the Government.", "name": "Press Appellate Board", "related_acts": "466", "section_id": 3 }, { "act_id": 437, "details": "3. Every book or paper printed in Bangladesh shall have printed legibly on it the name of the printer and the place of printing, and, if the book or paper be published, the name of the publisher and the place of publication.", "name": "Particulars to be printed on books and papers", "related_acts": "", "section_id": 4 }, { "act_id": 437, "details": "4. (1) No person shall keep in his possession any press for the printing of books or papers, unless he has made and subscribed before the District Magistrate within whose local jurisdiction such press may be a declaration in Form A. (2) As often as the place where a printing press is changed, a fresh declaration shall be necessary: Provided that where the change is for a period not exceeding sixty days and the place to which the printing press is shifted is within the jurisdiction of the same District Magistrate no fresh declaration shall be necessary if- (a)\tthe keeper of the press continues to be the same; and  (b) \twithin twenty-four hours of the change, the keeper of the press informs the District Magistrate in writing of the Change.", "name": "Keeper of printing press to make declaration", "related_acts": "", "section_id": 5 }, { "act_id": 437, "details": "5. No newspaper shall be printed or published except in conformity with the provisions of this Part and unless there subsists an authenticated declaration in respect thereof.", "name": "Publication of newspapers", "related_acts": "", "section_id": 6 }, { "act_id": 437, "details": "6. Every copy of every newspaper shall contain the name of the editor of the newspaper printed clearly on such copy as the name of the such editor.", "name": "Name of the editor to be printed on the newspaper", "related_acts": "", "section_id": 7 }, { "act_id": 437, "details": "7. The printer and the publisher of every newspaper shall appear, in person or by agent authorised in this behalf in accordance with the rules, before the District Magistrate within whose local jurisdiction such newspaper shall be printed or published and shall make and subscribe, in duplicate originals, a declaration in Form B.", "name": "Declaration of the printer and publisher", "related_acts": "", "section_id": 8 }, { "act_id": 437, "details": "8. No person who has not attained majority in accordance with the provisions of the Majority Act, 1875 (IX of 1875), or of the law to which he is subject in respect of the attainment of majority shall be permitted to make a declaration under section 7, not shall any such person edit a newspaper.", "name": "No minor to be printer, publisher or editor", "related_acts": "33", "section_id": 9 }, { "act_id": 437, "details": "9. (1) If a newspaper in respect of which a declaration has been made under section 7 is not published within three months of the date on which such declaration is authenticated or deemed to have been authenticated under section 12, the declaration shall become null and void. (2) Where a declaration becomes null and void under sub-section (1), the printer and the publisher shall make and subscribe a fresh declaration under section 7 before printing or publishing the newspaper, and the provision of sub-section (1) shall apply to the fresh declaration and to any subsequent fresh declaration. (3) Where a newspaper having been published is not published,- (a)\tin the case of a daily newspaper, for three months, and (b)\tin the case of any other newspaper, for six months, the declaration made in respect of that newspaper shall become null and void, and the printer and the publisher shall make and subscribe a fresh declaration u/s 7 before further printing or publishing the newspaper and to every such fresh declaration the provisions of the two foregoing sub-sections shall, without prejudice to the provisions of this sub-section, apply.", "name": "Effect of non-publication of newspaper", "related_acts": "", "section_id": 10 }, { "act_id": 437, "details": "10. If at any time after the making of a declaration under section 7, the newspaper to which the declaration relates is printed or published in a language, with a periodicity or at a place, other than the language or languages, periodicity or place shown in the declaration, the declaration shall become null and void, and any further printing and publication of the newspaper shall be unauthorised unless a fresh declaration under section 7 is made, but nothing in this section shall apply to a temporary change of the place of printing or publication for a period not exceeding thirty days at any one time, if within seventy-two hours of such temporary change the District Magistrate is informed of it in the manner prescribed.", "name": "Effect of change of language, periodicity or place of publication", "related_acts": "", "section_id": 11 }, { "act_id": 437, "details": "11. If at any time the printer or the publisher who has made a declaration under section 7 leaves Bangladesh, the declaration shall become null and void unless,- (a)\tthe absence of the printer or the publisher from Bangladesh be for a period not exceeding six months, and (b) \tthe printer or the publisher, before leaving Bangladesh, informs, in writing, the District Magistrate within whose jurisdiction the newspaper is printed or published, of his intended absence and the name of the person who has undertaken to discharge, in his absence and on his behalf, the responsibilities of the printer or the publisher, and furnishes to the District Magistrate a statement, in writing, of that person accepting those responsibilities.", "name": "Effect, if printer or publisher leaves Bangladesh", "related_acts": "", "section_id": 12 }, { "act_id": 437, "details": "12. (1) Subject to the provisions of sub-section (2), each of the duplicate originals of every declaration made and subscribed under section 7 shall be authenticated by the signature and official seal of the District Magistrate before whom the said declaration is made. (2) The District Magistrate shall not authenticate the declaration unless he is satisfied that- (a)\tthe proprietor, the printer and the publisher are citizens of Bangladesh; (b)\tthe proprietor, if he himself is not the printer or the publisher, has authorised the making of such declaration; (c)\tthe title of the newspaper proposed to be published is not the same as the title of any newspaper already being published in the same language at any place in the country, not being a newspaper of different periodicity published by the same publisher or another edition of the same newspaper published from another place; (d) \tthe printer or the publisher was not convicted of an offence involving moral turpitude within five years before the date of his making and subscribing a declaration under section 7; 3* * * (f) \tthe printer or the publisher has not been found to be a lunatic or of unsound mind by any court; (g)\t 4the proprietor or the publisher has the financial resources required for regularly publishing the newspaper; and (h) \tthe editor possesses reasonable educational qualifications or has had adequate training or experience in journalism. 5Explanation.- A proprietor or a publisher shall be deemed to have the financial resources required for regularly publishing a newspaper if he has such bank balance as the Government may, by notification in the official Gazette, specify from time to time in this behalf. (3) If the District Magistrate refuses to authenticate the declaration, the person making the declaration may, within forty-five days of such refusal, prefer an appeal to the 6Press Appellate Board whose decision thereon shall be final. (4) If the District Magistrate fails to authenticate the declaration within sixty days of the making thereof, the person making the declaration may prefer an application to the 7Press Appellate Board praying for an order directing the District Magistrate to authenticate the declaration, and the 8Press Appellate Board shall make such order on such application as it may deem fit.", "name": "Authentication of the declaration", "related_acts": "", "section_id": 13 }, { "act_id": 437, "details": "13. The duplicate originals of the declaration authenticated under section 12 shall be deposited one each in the office of the District Magistrate and with the officer appointed by the Government under section 37.", "name": "Deposit of authenticated declaration", "related_acts": "", "section_id": 14 }, { "act_id": 437, "details": "14. The officer in charge of each original deposited under section 13 shall allow any person to inspect that original on payment of a fee of Taka two, and shall give to any person applying a copy thereof attested by the seal of the office which has the custody of the original, on payment of a fee of Taka four.", "name": "Inspection and supply of copies of the declaration", "related_acts": "", "section_id": 15 }, { "act_id": 437, "details": "15. In any legal proceeding, whether civil, criminal or otherwise, a copy of a declaration attested in the manner prescribed in section 14 and a copy of the newspaper having the name of a person printed thereon as its editor, shall be sufficient evidence, unless the contrary is proved, as against the person whose name has been subscribed to such declaration, or printed on such newspaper, as the case may be, that the said person was printer or publisher, or printer and publisher (according as the words of the said declaration may be) of every portion of every newspaper whereof the title corresponds with the title of the newspaper mentioned in the declaration or the editor of every portion of that issue of the newspaper of which a copy is produced.", "name": "Copy of declaration or newspaper to be prima facie evidence", "related_acts": "", "section_id": 16 }, { "act_id": 437, "details": "16. Every person who having subscribed a declaration under section 7 subsequently ceases to be the printer or publisher of the newspaper mentioned in such declaration shall appear, in person or by agent authorised in this behalf in the manner prescribed, before the District Magistrate, and make and subscribe in duplicate originals a declaration in Form C.", "name": "New declaration by person who have signed declaration and subsequently ceased to be printers or publishers", "related_acts": "", "section_id": 17 }, { "act_id": 437, "details": "17. Each of the duplicate originals of the declaration made under section 16 shall be authenticated by the signature and seal of the District Magistrate before whom it is made and one such original shall be filed along with each originals or the declaration under section 7.", "name": "Authentication and filing of declaration under section 16", "related_acts": "", "section_id": 18 }, { "act_id": 437, "details": "18. The officer in charge of each original of the declaration filed under section 17 shall allow any person applying to inspect that original on payment of a fee of Taka one, and shall give to any person applying a copy thereof attested by the seal of the officer having custody of the original, on payment of a fee of Taka two.", "name": "Inspection and supply of copies of declaration under section 16", "related_acts": "", "section_id": 19 }, { "act_id": 437, "details": "19. In any legal proceeding in which a copy of a declaration under section 7 attested in accordance with section 14 has been put in evidence, it shall be lawful to put in evidence a copy of a declaration under section 16 attested in accordance with section 18, and the former declaration shall not then be taken to be evidence that the declarant , was, at any period subsequent to the date of the latter declaration, printer or publisher of the newspaper therein mentioned.", "name": "Putting copy of declaration under section 16 in evidence", "related_acts": "", "section_id": 20 }, { "act_id": 437, "details": "920A. Where any book or paper wherever made appears to the Government to contain any words, signs or visible representations which are indecent, obscene or scurrilous, the Government may, by notification in the official Gazette, stating the grounds of its opinion, declare all copies of such book or paper to be forfeited to the Government and thereupon any police officers may seize the same wherever found in Bangladesh, and any District Magistrate may by warrant authorise any police officer not below the rank of Sub-Inspector to enter upon and search for the same in any premises where any copy of such book or paper may be or may be reasonably suspected to be.", "name": "Power to declare certain publications forfeited and to issue search warrants for the same", "related_acts": "", "section_id": 21 }, { "act_id": 437, "details": "20. (1) If, at any time, the District Magistrate, who authenticated a declaration under section 12, is satisfied that, subsequent to the authentication,- (a)\tthe proprietor, the printer or 10the proprietor or the publisher of the newspaper has ceased to be a citizen of Bangladesh; 11(b) the printer or the publisher has been convicted of an offence involving moral turpitude; (c) \tthe printer or the publisher has been found to be a lunatic or of unsound mind by any court; or 12(d) the proprietor or the publisher has ceased to have the financial resources required for regularly publishing the newspaper, he may, by an order in writing stating the reasons therefor, cancel the authentication of the declaration: Provided that no such order shall be made except after giving the person who made the declaration a reasonable opportunity of being heard. (2) Any person aggrieved by an order under sub-section (1) may, within sixty days of the making of such order, prefer an appeal to the 13Press Appellate Board whose decision thereon shall be final.", "name": "Cancellation of authentication", "related_acts": "", "section_id": 22 }, { "act_id": 437, "details": "21. (1) The District Magistrate may, by order in writing and subject to such condition as he may think fit to impose, authorise any person by name to publish a news-sheet or to publish news-sheets from time to time. (2) A copy of an order under sub-section (1) shall be furnished to the person thereby authorised. (3) The District Magistrate may at any time revoke an order made by him under sub-section (1).", "name": "Authorisation of persons to publish news-sheets", "related_acts": "", "section_id": 23 }, { "act_id": 437, "details": "22. (1) Any police-officer, or any other person empowered in this behalf by the Government may seize any unauthorised news-sheet or unauthorised newspaper, wherever found. (2) Any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may by warrant authorise any police-officer not below the rank of Sub-Inspector to enter upon and search any place where any stock of unauthorised news-sheets or unauthorised newspapers may be or may be reasonably suspected to be, and such police-officer may seize any documents found in such place which, in his opinion, are unauthorised news-sheets or unauthorised newspapers. (3) All documents seized under sub-section (1) shall be produced as soon as may be before a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class and all documents seized under sub-section (2) shall be produced as soon as may be before the Court of the Magistrate who issued the warrant. (4) If in the opinion of such Magistrate or Court any of such documents are unauthorised news-sheets or unauthorised newspapers, the Magistrate or Court may cause them to be destroyed; but if, in the opinion of such Magistrate or Court, any of such documents are not unauthorised news-sheets or unauthorised newspapers, such Magistrate or Court shall dispose of them in the manner provided in sections 523, 524 and 525 of the Code of Criminal Procedure, 1898 (V of 1898).", "name": "Power to seize and destroy unauthorised news-sheets and newspapers", "related_acts": "75", "section_id": 24 }, { "act_id": 437, "details": "23. (1) Where a District Magistrate or Sub-divisional Magistrate has reason to believe that an unauthorised news-sheet or unauthorised newspaper is being produced from any press within the limits of his jurisdiction, he may by warrant authorize any police-officer not below the rank of Sub-Inspector to enter upon and search any place wherein such press may be, or may be reasonably suspected to be, and if, in the opinion of such police-officer, any press found in such place is used to produce an unauthorised news-sheet or unauthorised newspaper, he may seize such press and any documents found in the place which in his opinion are unauthorised news-sheets or unauthorised newspapers. (2) The police-officer shall make a report of the search to the Court which issued the warrant and shall produce before such Court, as soon as may be, all property seized: Provided that where any press which has been seized cannot be readily removed, the police-officer may produce before the Court only such parts thereof as he may think fit. (3) If such Court, after such inquiry as it may deem requisite, is of opinion that a press seized under this section is used to produce an unauthorised news-sheet or unauthorised newspaper, it may, by order in writing, declare the press to be forfeited to the Government; but if, after such inquiry, the Court is not of such opinion, it shall dispose of the press in the manner provided in sections 523, 524 and 525 of the Code of Criminal Procedure, 1898 (V of 1898). (4) The Court shall deal with the documents produced before it under this section in the manner provided in sub-section (4) of section 22.", "name": "Power to seize and forfeit presses producing unauthorised news-sheets and newspapers", "related_acts": "75", "section_id": 25 }, { "act_id": 437, "details": "24. Notwithstanding any agreement between the printer and publisher of a book, the printer of every book, printed or lithographed in Bangladesh, shall, within one month of its delivery out of the press, supply free of expense, four copies of every such book, together with all maps, prints, or other engravings belonging thereto, finished and coloured in the same manner as the best copies of the book, to such officer and at such place as the Government may by notification appoint.", "name": "Copies of books printed to be delivered gratis to Government", "related_acts": "", "section_id": 26 }, { "act_id": 437, "details": "25. The officer to whom a copy of a book is delivered under section 24 shall give to the printer a receipt in writing therefor.", "name": "Receipt of copies delivered under section 24", "related_acts": "", "section_id": 27 }, { "act_id": 437, "details": "26. The printer of every newspaper shall deliver at such place and to such officer as the Government may by notification direct, free of cost, four copies of each issue of such newspaper as soon as it is published.", "name": "Copies of newspapers to be delivered gratis to Government", "related_acts": "", "section_id": 28 }, { "act_id": 437, "details": "27. There shall be kept at such office, and by such officer as the Government may appoint, a book to be called a Catalogue of Books wherein shall be registered, as soon as may be after the delivery of every book in pursuance of the provisions of section 24, a memorandum of the book so delivered, and such memorandum shall, so far as may be practicable, contain the following particulars, namely:- (a)\tthe title of the book and the contents of the title page, with a translation into Bengali of such title and contents, when the same are not in the Bengali language, (b) \tthe language in which the book is written, (c) \tthe name of the author, translator or editor of the book or any part thereof, (d) \tthe subject, (e) \tthe place of printing and the place of publication, (f) \tthe name of the printer and the name of the publisher, (g) \tthe date of issue from the press or of the publication, (h) \tthe number of sheets, leaves or pages, (i) \tthe number of the editions, (j) \tthe number of copies of which the edition consists, (k) \twhether the book is printed or lithographed, (l) \tthe price at which the book is sold to the public, and (m) \tthe name and residence of the proprietor of the copyright or of any portion of such copyright.", "name": "Registration of memoranda of books", "related_acts": "", "section_id": 29 }, { "act_id": 437, "details": "28. The memoranda registered during each quarter in the said Catalogue of Books shall be published in the official Gazette as soon as may be after the end of such quarter.", "name": "Publication of the memoranda of books", "related_acts": "", "section_id": 30 }, { "act_id": 437, "details": "29. Whoever shall print or publish any book or paper in contravention of the provisions of section 3 shall be punishable with fine not exceeding Taka 14five thousand or with simple imprisonment for a term not exceeding six months, or with both.", "name": "Penalty for contravention of section 3", "related_acts": "", "section_id": 31 }, { "act_id": 437, "details": "30. Whoever shall keep in his possession any printing press without making a declaration as is required by section 4 shall be punishable with fine not exceeding Taka 15five thousand, or with simple imprisonment for a term not exceeding six months, or with both.", "name": "Penalty for keeping press without making declaration", "related_acts": "", "section_id": 32 }, { "act_id": 437, "details": "31. Any person who shall, in making any declaration under this Act, make a statement which is false, and which he either knows or believes to be false, or does not believe to be true, shall be punishable with fine not exceeding Taka 16five thousand and imprisonment for a term not exceeding six months.", "name": "Punishment for making false statement", "related_acts": "", "section_id": 33 }, { "act_id": 437, "details": "32. Whoever shall edit, print or publish any newspaper in contravention of the provisions of this Act or whoever shall edit, print or publish, or shall cause to be edited, printed or published, any newspaper, knowing that the said provisions have not been observed with respect to that newspaper shall be punishable with fine not exceeding Taka 17five thousand, or imprisonment for a term not exceeding six months, or with both.", "name": "Penalty for printing or publishing in contravention of the provisions of this Act", "related_acts": "", "section_id": 34 }, { "act_id": 437, "details": "33. (1) Whoever makes, prints or otherwise produces, distributes, publishes or publicity exhibits or keeps for sale, distribution or publication, any unauthorised news-sheet or unauthorised newspaper, shall be punishable with fine not exceeding Taka 18twenty thousand. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), any offence punishable under sub-section (1), and any abatement of any such offence, shall be cognizable.", "name": "Penalty for disseminating unauthorised news-sheets and newspaper", "related_acts": "75", "section_id": 35 }, { "act_id": 437, "details": "34. If any printer of any such book as is referred to in section 24 shall neglect to deliver copies of the same in pursuance of that section, he shall for every such default forfeit to the Government such sum not exceeding Taka five hundred as a Magistrate having jurisdiction in the place where the book was printed may, on the application of the officer to whom the copies should have been delivered or of any person authorised by that officer in his behalf, determine to be in the circumstances a reasonable penalty for the default, and, in addition to such sum, such further sum as the Magistrate may determine to be the value of the copies which the printer ought to have delivered.", "name": "Penalty for not delivering books", "related_acts": "", "section_id": 36 }, { "act_id": 437, "details": "35. If any printer of any newspaper published in Bangladesh neglects to deliver copies of the same in compliance with section 26, he shall, on the complaint of the officer to whom copies should have been delivered or of any person authorised by that officer in this behalf, be punishable with fine which may extend to Taka five hundred for every default.", "name": "Penalty for failure to supply copies of newspapers gratis to Government", "related_acts": "", "section_id": 37 }, { "act_id": 437, "details": "36. Any sum forfeited to the Government under section 34 may be recovered under the warrant of the Magistrate determining the sum, or of a successor in office, in the manner authorised by the Code of Criminal Procedure, 1898 (V of 1898), and within the period prescribed by the Penal Code (XLV of 1860), for the levy of a fine.", "name": "Recovery of forfeitures and disposal thereof and of fines", "related_acts": "75", "section_id": 38 }, { "act_id": 437, "details": "37. The Government may appoint an officer or officers to carry out the purposes of this Act and such officer or officers shall have such duties and powers in respect of the regulation of matters pertaining to printing press, books and papers, printers and publishers as the Government may assign.", "name": "Appointment of officers", "related_acts": "", "section_id": 39 }, { "act_id": 437, "details": "38. Every warrant issued under this Act shall, so far as it relates to a search, be executed in the manner provided for the execution of search warrants under the Code of Criminal Procedure, 1898 (V of 1898).", "name": "Conduct of searches", "related_acts": "75", "section_id": 40 }, { "act_id": 437, "details": "39. (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 the offence was committed without his knowledge. (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 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 anybody 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": 41 }, { "act_id": 437, "details": "40. 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": 42 }, { "act_id": 437, "details": "41. (1) The Press and Publications Ordinance, 1960 (XV of 1960), and the Printing Presses and Publications (Declaration and Registrations) Ordinance, 1973 (XVI of 1973), are hereby repealed. (2) Notwithstanding the repeal, any declaration made, subscribed or authenticated, anything done or any action taken under any provision of any of the aforesaid Ordinance shall, in so far as it is not inconsistent with any provision of this Act, be deemed to have been made, subscribed, authenticated, done or taken under the corresponding provisions of this Act. (3) The provisions of the General Clauses Act, 1897 (X of 1897), shall, subject to the provision of sub-section (2) apply to the repeal of the aforesaid Ordinances by this Act.", "name": "Repeals and savings", "related_acts": "73", "section_id": 43 } ], "text": "An Act to provide for declaration for the keeping of printing presses and the printing and publication of newspapers and for registration of books. WHEREAS it is expedient to provide for declaration for the keeping of printing presses and the printing and publication of newspapers and for registration of books, and for matters connected therewith; It is hereby enacted as follows:-" }

{ "id": 438, "lower_text": [ "1 Clause (l) was substituted by section 3 of the University Laws (Amendment) Act, 1987 (Act No. XXXVI of 1987)", "2 Sub-section (4) was added by section 3 of the University Laws Amendment Act, 1980 (Act No. I of 1980)", "3 Sub-section (2) was substituted by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975)", "4 Section 13 was substituted by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975)", "5 The words “one or more Pro-Vice-Chancellors” were substituted for the words “a Pro-Vice-Chancellor” by section 2 of the Rajshahi University (Amendment) Act, 1999 (Act No. IX of 1999)", "6 Clause (b) was substituted by section 3 of the Rajshahi University (Amendment) Act, 1999 (Act No. IX of 1999)", "7 Clause (b) was substituted by section 4 of the Rajshahi University (Amendment) Act, 1999 (Act No. IX of 1999).", "8 Clause (b) was substituted by section 5 of the Rajshahi University (Amendment) Act, 1999 (Act No. IX of 1999)", "9 Clause (aa) was inserted by section 6 of the Rajshahi University (Amendment) Act, 1999 (Act No. IX of 1999)", "10 Section 54 was substituted by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975)" ], "name": "The Rajshahi University Act, 1973", "num_of_sections": 60, "published_date": "25th September, 1973", "related_act": [ 595, 446, 509, 438 ], "repelled": false, "sections": [ { "act_id": 438, "details": "1. (1) This Act may be called the Rajshahi University Act, 1973. (2) It shall come into force at once and shall be deemed to have taken effect on the 16th day of December, 1972.", "name": "Short title, and commencement", "related_acts": "438", "section_id": 1 }, { "act_id": 438, "details": "2. \tIn this Act, and in all Statutes made hereunder, unless there is anything repugnant in the subject or context,- (a) \t“Academic Council” means the Academic Council of the University constituted under this Act; (b) \t“affiliated college” means an institution recognised by, and affiliated to the University in accordance with the provisions of this Act, the Statutes and the University Ordinances; (c) \t“Authority” means any of the Authorities of the University hereinafter specified in this Act or the Statutes; (d) \t“college teacher” means a Professor, a Lecturer or any other person belonging to a college appointed or recognised in accordance with the Statutes for imparting instruction at a constituent college or any professional, technical or any other college affiliated to the University; (e) \t“Commission” means the University Grants Commission of Bangladesh constituted under the University Grants Commission of Bangladesh Order, 1973 (P.O. No. 10 of 1973); (f) \t“constituent college” means a college recognised as such by the University; (g) \t“Hall” means a unit of residence for students of the University provided or maintained by the University for the corporate life and extra-curricular instructions of its students; (h) \t“Hostel” means a unit of residence for the students of the University provided otherwise than by the University, and not maintained by the University but approved and licensed by the University in accordance with the provisions of this Act; (i) \t“provost” means the head of a Hall; (j) \t“Registered Graduate” means a graduate registered under the provisions of this Act; (k) \t“Senate” means the Senate of the University constituted under this Act; (l) \t“Statutes”, “University Ordinances” and “Regulations” mean respectively the Statutes, Ordinances and Regulations of the University for the time being in force; (m)\t“Syndicate” means the Syndicate of the University constituted under this Act; (n) \t“teachers” include Professors, Associate Professors, Assistant Professors and Lecturers of the University and any other persons declared to be teacher by the University; (o) \t“University” means the University of Rajshahi; (p) \t“Warden” means the head of a Hostel; and (q) \t“year” means academic year beginning on the 1st day of July.", "name": "Definitions", "related_acts": "446", "section_id": 2 }, { "act_id": 438, "details": "3. (1) The University of Rajshahi shall be reconstituted at Rajshahi in accordance with the provisions of this Act. (2) The Chancellor and Vice-Chancellor of the University and the members of the Senate, the Syndicate and the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the University of Rajshahi. (3) The University shall have perpetual succession and common seal, and shall sue and be sued by the said name. (4) The University shall be competent to acquire and hold property, both movable and immovable, which have become vested in or been acquired by it for the purpose of the University and to contract and to do all other things necessary for the purpose of this Act.", "name": "The University", "related_acts": "", "section_id": 3 }, { "act_id": 438, "details": "4. \tThe University shall have the powers- (a)\tto provide for instruction in such branches of learning as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge; (b) \tto affiliate and disaffiliate colleges; (c) \tto prescribe courses of studies to be conducted by the University or the affiliated colleges; (d)\tto hold examinations and to grant and confer certificates, diplomas, degrees and other academic distinctions to and on persons who- (i)\tshall have pursued a course of study provided or prescribed by the University, or (ii)\tare teachers in educational institutions, under conditions laid down in the University Ordinances and Regulations, and shall have passed the examinations of the University under like conditions; (iii)\thave carried on private study under conditions laid down in the Statutes; (e)\tto confer honorary degrees or other distinctions on persons in the manner laid down in the Statutes; (f)\tto grant such diplomas to, and to provide such lectures and instruction for, persons not being students of the University, as the University may determine; (g)\tto inspect affiliated or constituent colleges and hostels attached to them; (h)\tto co-operate with other Universities and authorities in such manner and for such purposes as the University may determine; (i)\tto institute Professorships, Associate Professorships, Assistant Professorships, Lecturerships, and any other teaching posts required by the University, and to appoint persons to such Professorships, Associate Professorships, Assistant Professorships, Lecturerships and such other teaching posts; (j)\tto institute and award fellowships, scholarships, exhibitions and prizes in accordance with the Statutes and the Regulations; (k)\tto set up and maintain academic museums, schools and institutes for the development of teaching and research; (l) \tto institute and maintain Halls for the residence of the students of the University and to approve and license Hostels maintained by other persons for the residence of such students; (m)\tto demand and receive such fees as may be prescribed by the University Ordinances; (n)\tto supervise and control the residence and discipline of the students of the University, to regulate their extra-curricular activities and to make arrangements for promoting their health; and (o)\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 objectives of the University as a teaching and examining body and to cultivate and promote arts, science and other branches of learning.", "name": "Powers of the University", "related_acts": "", "section_id": 4 }, { "act_id": 438, "details": "5. (1) The University shall exercise the powers conferred on it by or under this Act within the territorial limits of Rajshahi Division and Khulna Division excluding Bakerganj and Patuakhali Districts and in respect of the institutions lying therein and imparting instruction and training above the Intermediate stage: Provided that the Government may by law modify the extent and scope of the exercise of the aforesaid powers of the University with regard to such territorial limits or institutions: Provided further that nothing in this section shall apply to any agricultural or technical institutions established with the sanction of the Government. (2) No educational institution imparting instruction above the Intermediate stage situated within the territorial limits of the University shall remain affiliated to, or be admitted to the privileges of, any other University established by law: Provided that nothing in this section shall preclude the Government from setting up other University or Universities, or special Boards for the conduct of examinations and affiliating educational institutions in regard to such courses of instruction and training as it may deem fit: Provided further that the University shall have power to frame Statutes for constituting one Government body for both the Degree and Intermediate sections of Colleges which have not been bifurcated.", "name": "Jurisdiction of the University", "related_acts": "", "section_id": 5 }, { "act_id": 438, "details": "6. The University shall be open to all persons of either sex and of whatever religion, race, creed, class or colour.", "name": "University open to all classes, castes and creeds", "related_acts": "", "section_id": 6 }, { "act_id": 438, "details": "7. (1) All recognised teaching in connection with the examinations of the University shall be conducted by the University or constituent or affiliated colleges, or schools or institutes and shall include lectures, work in the laboratories and workshops; and the teaching shall be conducted by teachers recognised in such manner as may be provided by the University Ordinances. (2) The Authorities responsible for organising such teaching shall be prescribed by the Statutes. (3) The courses and curricula shall be prescribed by the University Ordinances and the Regulations. (4) Recognised teaching shall be supplemented by tutorial instruction given in accordance with the conditions as may be provided by the University Ordinances and Regulations. (5) Teaching may be organised on a co-operative basis under the aegis of the University for the colleges among themselves or between the colleges and the University.", "name": "Teaching of the University", "related_acts": "", "section_id": 7 }, { "act_id": 438, "details": "8. (1) The Commission shall have the right to cause an inspection to be made by such person or persons, as it may direct, of the University, its buildings, laboratories and equipment, and of any institutions associated with the University, and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the University. (2) The Commission shall in every case give notice to the University of its intention to cause an inspection or inquiry to be made and the University shall be entitled to be represented thereat. (3) The Commission shall communicate to the Syndicate its views with reference to the results of any such inspection or inquiry, and shall, after ascertaining the opinion of the Syndicate thereon, advise the University upon the action to be taken in that behalf. (4) The Syndicate shall report to the Commission the action, if any, which is proposed to be taken or has been taken upon the results of its inspection or enquiry.", "name": "Visitation", "related_acts": "", "section_id": 8 }, { "act_id": 438, "details": "9. \tThe following shall be the officers of the University:- (a)\tthe Chancellor; (b) \tthe Vice-Chancellor; (c) \tthe Pro-Vice-Chancellor; (d)\tthe Treasurer; (e) \tthe Deans; (f) \tthe Registrar; (g) \tthe Librarian; (h) \tthe Inspector of Colleges; (i) \tthe Director of Students Counselling and Guidance; (j) \tthe Provosts; (k) \tthe Proctor; 1(l)\tthe Director (Planning and Development); (m) \tthe University Engineer; (n) \tthe Deputy Registrar (Academic); (o) \tthe Deputy Registrar (Administration); (p) \tthe Controller of Examinations; (q) \tthe Director of Accounts; (r) \tthe Director of Physical Education; and (s) \tsuch other officers as may be declared by the Statutes to be officers of the University.", "name": "Officers of the University", "related_acts": "", "section_id": 9 }, { "act_id": 438, "details": "10. (1) The President of the People's Republic of Bangladesh shall be the Chancellor of the University and shall preside at the convocation of the University for award of academic and honorary degrees, and in his absence the Vice-Chancellor shall preside at such convocations. (2) The Chancellor shall have such powers as may be conferred on him by this Act or the Statutes. (3) Every proposal for the conferment of an honorary degree shall be subject to the confirmation of the Chancellor. 2(4) The President may, if he thinks fit, direct that the powers of the Chancellor under this Act shall be exercised by such person as he may authorise in this behalf; and the powers exercised by the person so authorised shall be expressed to have been exercised in the name of the Chancellor.", "name": "The Chancellor", "related_acts": "", "section_id": 10 }, { "act_id": 438, "details": "11. (1) The Vice-Chancellor shall be appointed by the Chancellor for a period of four years from a panel of three persons to be nominated by the Senate on such terms and conditions as may be determined by the Chancellor and shall be eligible for re-appointment for a further period of four years. 3(2) Where any temporary vacancy in the office of the Vice-Chancellor occurs by reason of leave, illness, resignation or any other cause, the Chancellor shall make such arrangements for carrying on duties of the office of the Vice-Chancellor as he may think fit.", "name": "The Vice-Chancellor", "related_acts": "", "section_id": 11 }, { "act_id": 438, "details": "12. (1) The Vice-Chancellor, shall be a whole-time principal academic and executive officer of the University and shall be an ex-officio member and the Chairman of the Senate, the Syndicate, the Academic Council, the Selection Boards, the Committee for Advanced Studies and the Planning and Development Committee. He shall be entitled to be present and to speak at any meeting of any Authority or other body of the University, but shall not be entitled to vote thereat, unless he is a member of the Authority or body concerned. (2) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes and the University Ordinances are faithfully observed, and he shall have all powers necessary for this purpose. (3) The Vice-Chancellor shall have power to convene meetings of the Senate, the Syndicate and the Academic Council. (4) The Vice-Chancellor shall have the right to visit colleges and other institutions affiliated to the University. (5) The Vice-Chancellor shall have the power to appoint, on a purely temporary basis, ordinarily for a period of not more than six months, officers (excepting the Pro-Vice-Chancellor and the Treasurer), teachers and administrative and subordinate staff and report such action to the Syndicate. (6) The Vice-Chancellor may, with the approval of the Syndicate, delegate such of his powers and functions as he may consider necessary to such officer or officers of the University as he may deem fit. (7) In any 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, within seven days thereafter, report his action to the officer, Authority or other body who or which, in the ordinary course, would have dealt with the matter. (8) The Vice-Chancellor shall give effect to the orders of the Syndicate regarding the appointment, dismissal and suspension of the officers and teachers of the University, and shall exercise general control over the members of the University. He shall be responsible for the discipline of the University in accordance with this Act, the Statutes and University Ordinances. (9) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes, the University Ordinances and Regulations. (10) In case of the Vice-Chancellor not agreeing with the resolution of any Authority or body of the University, he shall have the power to withhold implementation of the resolution and refer it back to the Authority or body concerned with his opinion thereon for re-consideration in its next regular meeting. If in the process of re-consideration the Authority or body concerned does not agree with the Vice-Chancellor, the decision of the Syndicate thereon shall be final.", "name": "Powers and duties of the Vice-Chancellor", "related_acts": "", "section_id": 12 }, { "act_id": 438, "details": "413. (1) The Chancellor may, if he deems fit so to do, appoint 5one 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 Ordinances.", "name": "Pro-Vice-Chancellor", "related_acts": "", "section_id": 13 }, { "act_id": 438, "details": "14. (1) The Treasurer shall be an honorary officer and shall be appointed by the Chancellor on such terms and conditions and for such period, and shall receive such honorarium from the funds of the University, as the Chancellor may determine. (2) Where any temporary vacancy in the office of the Treasurer occurs by reason of leave, illness or any other cause, the Syndicate shall forthwith report the same to the Chancellor who shall make such arrangements for carrying on the office of the Treasurer as he may think fit. (3) The Treasurer shall exercise general supervision over the funds of the University, and shall advise in regard to its financial policy. (4) The Treasurer shall be an ex-officio member of the Syndicate and shall, subject to the control of the Syndicate, manage the property and investments of the University. He shall be responsible for the presentation of the annual budget estimates and statement of accounts. (5) Subject to the powers of the Syndicate, the Treasurer shall be responsible for seeing that all moneys are expended on the purpose for which they are granted or allotted. (6) All contracts shall be signed by the Treasurer on behalf of the University. (7) The Treasurer shall exercise such other powers as may be prescribed by the Statutes and the University Ordinances.", "name": "The Treasurer", "related_acts": "", "section_id": 14 }, { "act_id": 438, "details": "15. The Registrar shall act as Secretary of the Senate, the Syndicate and the Academic Council. He shall maintain a register of Registered Graduates in accordance with the Statutes and shall exercise such other powers as may be prescribed by the Statutes and the University Ordinances.", "name": "The Registrar", "related_acts": "", "section_id": 15 }, { "act_id": 438, "details": "16. The Inspector of Colleges shall perform such duties as may be prescribed by the Statutes and the University Ordinances.", "name": "The Inspector of Colleges", "related_acts": "", "section_id": 16 }, { "act_id": 438, "details": "17. The Controller of Examinations shall be responsible for all matters connected with the conduct of examinations and shall perform such other duties as may be prescribed by the Statutes and the University Ordinances.", "name": "The Controller of Examinations", "related_acts": "", "section_id": 17 }, { "act_id": 438, "details": "18. The powers and duties of officers of the University other than the Chancellor, the Vice-Chancellor and the Treasurer shall be prescribed by the Statutes and the University Ordinances.", "name": "Powers and duties of other officers", "related_acts": "", "section_id": 18 }, { "act_id": 438, "details": "19. The following shall be the Authorities of the University:- (a)\tthe Senate; (b) \tthe Syndicate; (c) \tthe Academic Council; (d) \tthe Faculties; (e) \tthe Departments; (f) \tthe Committees of Courses; (g) \tthe Boards of Advanced Studies; (h) \tthe Finance Committee; (i) \tthe Planning and Development Committee; (j) \tthe Selection Boards; and (k) \tsuch other Authorities as may be declared by the Statutes to be Authorities of the University.", "name": "Authorities of the University", "related_acts": "", "section_id": 19 }, { "act_id": 438, "details": "20. (1) The Senate shall consist of the following persons:- (a)\tthe Vice-Chancellor; 6(b) \tthe Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors; (c)\tthe Treasurer; (d) \tfive Government officials to be nominated by the Government; (e) \tfive Members of Parliament to be nominated by the Speaker; (f) \tfive distinguished educationists to be nominated by the Chancellor; (g) \tfive representatives of research bodies to be nominated by the Syndicate; (h) \tfive Principals of colleges to be nominated by the Academic Council; (i) \tten teachers of colleges to be nominated by the Academic Council; (j) \tthe Chairman of the Boards of Intermediate and Secondary Education within the territorial limits of the University; (k) \ttwenty-five representatives of the Registered Graduates to be elected by such graduates from amongst themselves; (l) \tthirty-three representatives of the teachers of the University to be elected in a special meeting by such teachers; and (m)\tfive representatives of the students to be elected by students of the University. (2) The members of the Senate, other than the ex-officio members and the student members, shall hold office for a period of three years and the student members shall hold office for a period of one year. The members shall continue in office till their successors having been elected, nominated or appointed, enter upon the office: Provided that the Members of Parliament, the Government officials, the Principals of Colleges, the College teachers, Registered Graduates, teachers of the University and representatives of research bodies shall hold office so long as they continue to be a Member of Parliament, Government official, Principal of College, College teacher, Registered Graduate, teacher of the University or associated with any research body: Provided further that the student members shall lose membership if they cease to be students of the University. (3) The election of members of the Senate shall be held in such manner as may be prescribed by the Statutes.", "name": "The Senate", "related_acts": "", "section_id": 20 }, { "act_id": 438, "details": "21. (1) The Senate shall, on a date to be fixed by the Vice-Chancellor, meet at least once in a year at a meeting to be called the annual meeting of the Senate. (2) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than thirty members of the Senate, convene a special meeting of the Senate.", "name": "Meeting", "related_acts": "", "section_id": 21 }, { "act_id": 438, "details": "22. Subject to the provisions of this Act, the Senate shall- (a)\tamend and ratify the Statutes on the proposals of the Syndicate; (b)\tconsider and pass resolutions on the annual report, the annual accounts and the financial estimates presented by the Syndicate; and (c)\texercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes.", "name": "Powers and duties of the Senate", "related_acts": "", "section_id": 22 }, { "act_id": 438, "details": "23. (1) The Syndicate shall consist of the following persons:- (a)\tthe Vice-Chancellor; 7(b) \tthe Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors; (c) \tthe Treasurer; (d) \tsix teachers of the University to be elected by such teachers from among themselves; (e) \ttwo Principals of Colleges located within the territorial limits of the University to be nominated by the Academic Council; (f) \ttwo representatives of the Senate, one being a Registered Graduate and the other an educationist, to be nominated by the Senate; (g)\tone distinguished citizen to be nominated by the Senate from outside its membership; (h) \ttwo persons to be nominated by the Chancellor; and (i) \tone Government official, not below the rank of a Secretary, to be nominated by the Government. (2) The elections of members of the Syndicate shall be held in such manner as may be prescribed by the Statutes: Provided that the teachers of the University to be elected under clause (d) of sub-section (1), one shall be elected from each of the following categories, namely: (i) \tDeans; (ii) \tProvosts; (iii)\tProfessors; (iv)\tAssociate Professors; (v)\tAssistant Professors; and (vi)\tLecturers. (3) The members of the Syndicate other than ex-officio members, shall hold office for a term of two years but shall continue in office till their successors having been elected or nominated enter upon the office: Provided that the teachers of the University, Principals of Colleges, representatives of the Senate and Government nominee shall hold office so long as they continue to be such teachers, Principals, members and official.", "name": "The Syndicate", "related_acts": "", "section_id": 23 }, { "act_id": 438, "details": "24. (1) The Syndicate shall be the Chief Executive Body of the University, and, subject to the provisions of this Act and the powers conferred on the Vice-Chancellor, the Syndicate, shall have the general management and superintendence over the affairs, concerns and properties of the University and shall see that the provisions of this Act, Statutes, University Ordinances and Regulations, for the time being in force, are observed. (2) In particular and without prejudice to the generality of powers to be exercised under sub-section (1) the Syndicate shall- (a)\thold, control and administer the property and funds of the University and, for these purposes, obtain advice, on matters of finance from Finance Committee;  (b)\tdetermine the form, provide for custody and regulate the use of the common seal of the University; (c) \tlay before the Commission annually a full statement of the financial requirements of the University, together with a full statement of all the bequests received by the University; (d) administer any funds placed at the disposal of the University for specific purposes; (e) \tappoint, subject to the provisions of this Act and the Statutes, officers other than the Vice-Chancellor, the Pro-Vice-Chancellor and the Treasurer, teachers, clerical staff and other employees of the University, define their duties and conditions of service and provide for the filling of temporary vacancies in their posts; (f) \taffiliate or disaffiliate, subject to the Statutes, a college or institute and approve or withdraw approval of a hostel not maintained by the University; (g) accept, on behalf of the University, bequests, donations and transfer of any property, both movable or immovable; (h) \tarrange for the holding of, and publish the results of, the University Examinations; (i) \tregulate and determine, subject to the powers conferred by this Act on the Vice-Chancellor, all matters concerning the University in accordance with this Act, the Statutes and the University Ordinances; (j) \tarrange for, and direct the inspection of all affiliated colleges and hostels; (k) \tmake, amend or repeal the Statutes; (l) \tframe University Ordinances consistent with the provisions of this Act and the Statutes; (m)\tconsider and pass resolutions on the Annual Report, the Annual Accounts, the Finance Estimates;  (n)\tInstitute Professorships, Associate Professorships, Assistant Professorships, Lecturerships or other teaching and research posts in accordance with the Statutes and recommendations of the Academic Council; (o) \tabolish or suspend any Professorship, Associate Professorship, Assistant Professorship or Lecturership or other teaching and research posts in accordance with the Statutes and recommendations of the Academic Council; (p)\tmanage and regulate the finances, accounts, investments, property and all administrative affairs whatsoever of the University and, for that purpose, appoint such agents as it may think fit; (q)\tprovide for buildings, premises, furniture, apparatus, equipment and other means needed for carrying on the work of the University; (r)\tafter report from the Finance Committee, enter into, modify, carryout, confirm and cancel contracts on behalf of the University; (s)\tinvest any money belonging to the University, including any unapplied income, in any of the securities described in section 20 of the Trust Act, 1882 (II of 1882) or in the purchase of immovable property in Bangladesh with the like power of varying such investments or to place on fixed deposit in any bank approved, in this behalf, by the Government any portion of such money not required for immediate expenditure; and (t) \texercise such other powers and perform such other duties as may be conferred or imposed on it by the Statutes.", "name": "Powers and duties of the Syndicate", "related_acts": "", "section_id": 24 }, { "act_id": 438, "details": "25. The Academic Council shall be the academic body of the University and shall, subject to the provisions of this Act, the Statutes and the University Ordinances, have the control and superintendence over, and be responsible for, the maintenance of standards of instruction, education and examination within the University, and shall exercise such other powers and perform such other duties as may be conferred upon it by the Statutes. It shall have the right to advise the Syndicate regarding affiliation to, or disaffiliation of, colleges and on all academic matters.", "name": "Academic Council", "related_acts": "", "section_id": 25 }, { "act_id": 438, "details": "26. (1) The Academic Council shall consist of the following persons- Ex-officio members: (a)\tthe Vice-Chancellor; 8(b) \tthe Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors; (c) \tthe Deans of the Faculties; (d) \tthe Professors and the Chairmen of Departments; (e) \tthe Directors of the University Institutes; (f) \tthe Librarian of the University; Nominated members: (g)\tten Principals of colleges to be nominated by the Chancellor; (h) \tnot more than ten persons, to be nominated by the Chancellor, so as to make the Academic Council representative of the various educational interests; Elected members: (i)\tthree Associate Professors and three teachers other than Associate Professors of the University to be elected by the teachers themselves. (2) Members other than ex-officio members shall hold office for a period of two years and shall continue in office until their successors having been nominated or elected enter upon the office: Provided that the Principals of colleges, Associate Professors, Assistant Professors or Lecturers nominated or elected as such shall hold office so long as they continue to be such Principals of colleges, Associate Professors, Assistant Professors or Lecturers.", "name": "Constitution of the Academic Council", "related_acts": "", "section_id": 26 }, { "act_id": 438, "details": "27. (1) The Academic Council shall, subject to the provisions of this Act and Statutes, and the powers conferred on the Vice-Chancellor and the Syndicate, have power to make regulations prescribing the courses of study and curricula, and laying down proper standards of instruction, research and examinations. (2) \tSubject to the powers conferred on the Vice-Chancellor and the Syndicate, the Academic Council shall have the following powers, namely:- (a)\tto call for reports from persons engaged in research and to make recommendations to the Syndicate thereon; (b) \tto make regulations for the encouragement of co-operation and reciprocity among colleges with a view to promoting academic life; (c) \tto decide the conditions under which exemptions relating to the admission of students to examinations may be given; (d) \tto propose to the Syndicate schemes for the constitution of the University Departments and Committees of courses; (e) \tto deal with University teaching and to make proposals for the initiation of fresh academic developments; (f) \tto prescribe, subject to the approval of the Syndicate, and upon the recommendations of the Committees of Courses, the Courses of Reading, the Syllabi and the outline of texts in each paper for all the examinations: Provided that the Academic Council shall have power only to accept, reject, or refer back, but not to amend the recommendations of the Committees of Courses: Provided further that in the event of differences of opinion between the Academic Council and the Committee of Courses after the first reference, the opinions of both the bodies shall be placed before the Syndicate for decision; (g) \tto approve or reject any subject proposed for a thesis by a candidate for the degree of Doctor in any subject after consideration of the report of the Board of Advanced Studies: Provided that in the event of difference of opinion between the Academic Council and the Board of Advanced Studies after the first reference, the opinions of both the bodies shall be placed before the Syndicate for decision; (h) \tto recognise the examinations of other Universities or Boards as equivalent to the corresponding examinations of the University; (i) \tto advise upon the proposals referred to it on new developments in teaching and research in the University by the Planning and Development Committee; (j) \tto approve, reject or refer back Regulations regarding use of University Library proposed by the Library Committee: Provided that Academic Council shall not have power to amend the proposal of the Library Committee: Provided further that in the event of difference of opinion between the Academic Council and the Library Committee after the first reference, the opinion of both the bodies shall be placed before the Syndicate for decision; (k) \tto propose Academic Ordinances to the Syndicate for the award of studentships, scholarships, exhibitions, medals, prizes; and (l) \tto make recommendations for the promotion of research within the University and to advise the Syndicate on such other matters of academic interests, as may be referred to them.", "name": "Powers and duties of the Academic Council", "related_acts": "", "section_id": 27 }, { "act_id": 438, "details": "28. (1) The University may include the Faculties of Arts, Science, Law, Commerce, Medicine, Education, Engineering and may divide or combine existing Faculties and create new Faculties in such manner as may be prescribed by the Statutes. (2) Each Faculty shall, subject to the control of the Academic Council have charge of the teaching and the courses of study and research work in such subject as may be assigned to such Faculty by the University Ordinances. (3) There shall be a Dean of each Faculty who shall be responsible for the due observance of the Statutes, University Ordinances and Regulations relating to the Faculty and he shall receive in respect of his duties as Dean such additional remuneration, if any, as may be fixed by the Syndicate. (4) The Dean of each Faculty shall be elected from among the Professors and Associate Professors by all teachers of the Departments belonging to the Faculty and shall hold office for two years. (5) The constitution, powers and functions of Faculties shall be prescribed by the Statutes and the University Ordinances.", "name": "The Faculty", "related_acts": "", "section_id": 28 }, { "act_id": 438, "details": "29. The University Departments shall consist of the teachers of the subjects taught at the University. One of the senior teachers of the Department not below the rank of Assistant Professor shall be appointed as the Chairman of the Department in such manner as may be prescribed by the Statutes and the University Ordinances.", "name": "Department", "related_acts": "", "section_id": 29 }, { "act_id": 438, "details": "30. For each subject or group of subjects there shall be a Committee of Courses as may be prescribed by the Statutes.", "name": "Committee of Courses", "related_acts": "", "section_id": 30 }, { "act_id": 438, "details": "31. There shall be Boards of Advanced Studies, for organising post-graduate studies in the University, which shall be constituted in such manner as may be prescribed by the Statutes.", "name": "Boards of Advanced Studies", "related_acts": "", "section_id": 31 }, { "act_id": 438, "details": "32. (1) The Finance Committee shall consist of- (a) \tVice-Chancellor; 9(aa) \tthe Pro-Vice-Chancellor, or if there is more than one, the Pro-Vice-Chancellor to be nominated by the Chancellor; (b) \tthe Treasurer; (c) \tone person to be nominated by the Syndicate; (d)\tone Dean of Faculty to be nominated by the Academic Council; (e) \tone teacher of the University to be elected by the teachers themselves; (f) \tone person to be nominated by the Senate; and (g)\ttwo experts in the field of finance to be nominated by the Syndicate. (2) The Treasurer of the University shall be the Chairman of the Finance Committee. (3) The Director of Accounts shall be Secretary of the Finance Committee. (4) An elected or nominated member shall hold office for a period of three years and shall continue in office until their successors having been elected or nominated enter upon the office. (5) \tThe Finance Committee shall- (a)\tsupervise the income and expenditure of the University; (b) \tadvise the Syndicate on all matters relating to accounts, property and funds of the University; (c) \tperform such other functions as may be prescribed by the Statutes.", "name": "Finance Committee", "related_acts": "", "section_id": 32 }, { "act_id": 438, "details": "33. (1) There shall be a Planning and Development Committee for consideration of the plans and for organization and development and for examination of the budget proposals. (2) The constitution and functions of the Planning and Development Committee shall be such as may be prescribed by the Statutes.", "name": "Planning and Development Committee", "related_acts": "", "section_id": 33 }, { "act_id": 438, "details": "34. (1) There shall be Selection Boards for recommending the appointments of Professors, Associate Professors, Assistant Professors, Lecturers and other teachers of the University in various subjects. (2) The constitution and functions of the Selection Boards shall be such as may be prescribed by the Statutes.", "name": "Selection Boards", "related_acts": "", "section_id": 34 }, { "act_id": 438, "details": "35. The constitution, powers and duties of other Authorities declared by the Statutes to be Authorities of the University shall be the prescribed by the Statutes and the University Ordinances.", "name": "Other Authorities of the University", "related_acts": "", "section_id": 35 }, { "act_id": 438, "details": "36. The University shall set up a Discipline Board and such other Boards as may be prescribed by the Statutes.", "name": "University Boards", "related_acts": "", "section_id": 36 }, { "act_id": 438, "details": "37. The constitution, powers and duties of the Discipline Board and of all other Boards of the University shall be prescribed by the University Ordinances.", "name": "Constitution etc. of Board", "related_acts": "", "section_id": 37 }, { "act_id": 438, "details": "38. Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:- (a) \tthe conferment of honorary degrees; (b) \tthe institution of Fellowships, Scholarships, Exhibitions and prizes; (c) \tthe designations, powers, duties and conditions of service of teachers and officers; (d) \tthe constitutions, powers and duties of the Senate, the Syndicate, the Academic Council, the Faculties and other bodies; (e) \tSetting up and maintenance of academic museums, schools and institutes for the development of teaching and research and administration and management thereof; (f) \tthe institution and maintenance of Halls and the management of Hostels; (g) \tthe mode of appointment of Professors, Associate Professors, Assistant Professors, Lecturers and Fellows of the University;  (h) \tthe constitution of a pension or provident fund for the benefit of officers, teachers, clerical staff and other employees of the University; (i) \tthe constitution, powers and duties of the Governing Bodies of the affiliated colleges; (j) \tthe maintenance of a register of Registered Graduates; and (k) \tall matters which by this Act are to be or may be prescribed by the Statutes.", "name": "Statutes", "related_acts": "", "section_id": 38 }, { "act_id": 438, "details": "39. (1) The First and Second Statutes of the University have been set-forth in the Schedule. (2) The Statutes may be amended, repealed or added to by Statutes made by the Syndicate in the manner stated hereinafter. (3) All Statutes, as made by the Syndicate, shall be submitted to Senate for ratification. (4) The Senate may, on receipt of the proposal of Statutes, return it to the Syndicate with the suggestion that the Statutes or a particular provision of the Statutes be reconsidered and that any amendments specified in the suggestion be considered but if the Syndicate again submits the proposal of Statutes with or without the suggested amendments to the Senate, it shall be deemed to have been ratified unless rejected by the two-thirds of the total number of members of the Senate: Provided that the Statutes relating to the service conditions of teachers, officers and other employees of the University shall be presented to the Senate but shall not require its ratification. (5) A Statute proposed by the Syndicate shall have no validity until it has been ratified or deemed to have been ratified by the Senate. (6) Save as otherwise provided the Syndicate shall not propose any Statute affecting the status, powers or constitution of any Authority of the University until such Authority has been given an opportunity of expressing an opinion upon the proposal. Any opinion so expressed shall be in writing and shall be considered by the Syndicate and shall be submitted to the Senate together with the draft of the proposed Statutes.", "name": "Framing of Statutes", "related_acts": "", "section_id": 39 }, { "act_id": 438, "details": "40. Subject to the provision of this Act and the Statutes, the University Ordinances may provide for all or any of the following matters, namely:- (a)\tthe courses of study to be laid down for all degrees, diplomas and certificates of the University; (b) \tthe manner in which lecturing, work in the laboratories or workshops and other teaching shall be conducted; (c) \tthe condition in accordance with which the tutorial instructions shall be given; (d) \tthe conditions under which students shall be admitted to the degree, diploma or other courses and to the examinations of the University, and shall be eligible for degree, diplomas and certificates; (e) \tthe admission of students to the University; (f) \tconduct and discipline of the students of the University, and punishment including rustication and expulsion for misconduct and breach of discipline; (g) \tthe conditions of residence of the students of the University, the levying of fees for residence in Halls and the licensing of Hostels; (h) \tthe fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University; (i) \tthe formation of teaching Departments in the Faculties; (j) \tthe constitution, powers and duties of the Boards of the University; (k) \tthe conduct of examinations; and (l) \tall matters which by this Act or the Statutes are to be or may be provided for by the University Ordinances.", "name": "University Ordinances", "related_acts": "", "section_id": 40 }, { "act_id": 438, "details": "41. (1) The University Ordinances shall be made by the Syndicate: Provided that no University Ordinance shall be made- (a)\taffecting the admission of students or prescribing examinations to be recognised as equivalent to the University examinations or the further qualifications mentioned in sub-section (2) of section 46 for admission to the Degree Course of the University, unless a draft of the same has been proposed by the Academic Council, or (b) \taffecting the conduct or standard of examinations or any course of study, unless a draft of such University Ordinance has been proposed by the Academic Council in accordance with a proposal of the Faculty concerned. (2) The Syndicate shall not have power to amend any draft proposed by the Academic Council under sub-section (1), but may reject it or return it to the Academic Council for reconsideration either in whole or in part together with any amendments which the Syndicate may suggest. (3) Where the Syndicate has rejected the draft of a University Ordinance proposed by the Academic Council, the Academic Council may submit the same draft to the Syndicate on the expiry of six months from the date it is first proposed.", "name": "Framing of University Ordinances", "related_acts": "", "section_id": 41 }, { "act_id": 438, "details": "42. (1) The Authorities and the Boards of the University may make Regulations consistent with this Act, the Statutes, and the University Ordinances- (a)\tlaying down the procedure to be observed at their meetings and the number of members required to form a quorum; (b) \tproviding for all matters which by this Act, the Statutes or the University Ordinances are to be prescribed by Regulations; and (c) \tproviding for all matters solely concerning such Authorities and Boards and not provided for by this Act, 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 considered at meetings, and for the keeping of a record of the proceedings of such meetings. (3) The Syndicate may direct the amendment, in such manner as it may specify, of any Regulation made under this section or the annulment of any Regulation made under sub-section (1): Provided that any Authority or Board of the University which is dissatisfied with any such direction may appeal to the Chancellor whose decision in the matter shall be final.", "name": "Regulations", "related_acts": "", "section_id": 42 }, { "act_id": 438, "details": "43. Every student of the University shall reside at such places and under such conditions as may be prescribed by the Statutes and the University Ordinances.", "name": "Residence", "related_acts": "", "section_id": 43 }, { "act_id": 438, "details": "44. (1) The Halls of the University shall be such as may be prescribed by the Statutes. (2) The Provosts, House Tutors and other staff of the Hall shall be appointed in the manner prescribed by the University Ordinances.", "name": "Halls", "related_acts": "", "section_id": 44 }, { "act_id": 438, "details": "45. (1) The Hostels shall be such as may be approved and licensed by the Syndicate subject to such general or special conditions as may be prescribed by the University Ordinances. (2) The Wardens and Superintending Staff of Hostels shall be appointed in the manner prescribed by the Statutes. (3) The conditions of residence in Hostels shall be prescribed by the University Ordinances and every Hostel shall be subject to inspection by any member of the Discipline Board authorised in this behalf by such Board and by any officer of the University authorised in this behalf by the Syndicate. (4) The Syndicate shall have power to suspend or withdraw the licence of any Hostel which is not conducted in accordance with the conditions prescribed by the University Ordinances.", "name": "Hostels", "related_acts": "", "section_id": 45 }, { "act_id": 438, "details": "46. (1) Admission of students to the University for degrees of Bachelor of Arts, Bachelor of Commerce, Bachelor of Science and higher degrees shall be made by an Admission Committee appointed for that purpose by the Academic Council. (2) Students shall not be eligible for admission to a course of study for a degree in the University or any of its affiliated colleges, unless they have passed the Intermediate Examination of any Board of Intermediate and Secondary Education, or any other authority incorporated by any law for the time being in force in Bangladesh or an examination recognised under the Statutes as equivalent thereto, and possess such further qualifications as may be prescribed by the University Ordinances: Provided that for admission to a five-year course of study for a Degree of Bachelor of Arts in Fine Arts students who have passed the Matriculation or the Secondary School Certificate Examination of any Board of Intermediate and Secondary Education, or the Matriculation or Secondary School Certificate Examination of any other authority incorporated by law, for the time being in force in Bangladesh, or any examination recognised under the Statutes as equivalent thereto, and possess such further qualification as may be prescribed by the University Ordinances, shall be so eligible. (3) The conditions under which students may be admitted to the diploma courses of the University shall be prescribed by the University Ordinances. (4) For the purpose of admission to a course of studies the University shall not, without the previous sanction of the Government, recognise as equivalent to its own degree, any degree conferred by any other University or as equivalent to the Intermediate Examination, any examination conducted by any authority other than a University or a Board of Intermediate and Secondary Education or other authority incorporated by law for the time being in force in Bangladesh: Provided that the University may admit student from a foreign country to any of its courses of study if the Academic Council is satisfied that his or her qualifications are equivalent to those required for admission to the course.", "name": "Admission to University Courses", "related_acts": "", "section_id": 46 }, { "act_id": 438, "details": "47. (1) All arrangements for the conduct of examinations shall be made by the Controller of Examinations, and all examiners shall be appointed by the Academic Council in such manner as may be prescribed by this Act and the University Ordinances. (2) If during the course of an examination any examiner is for any cause incapable of acting as such, the Vice-Chancellor shall appoint an examiner to fill the vacancy. (3) At least one examiner who is not a member of the University shall be appointed for each subject included in a Department of teaching and forming part of the course which is required for a University degree. (4) The Academic Council shall appoint Examination Committees consisting of members of its own body or of other persons or of both, as it thinks fit, to moderate examination questions, to prepare the results of the examinations and to report such results to the Syndicate for publication.", "name": "Examinations", "related_acts": "", "section_id": 47 }, { "act_id": 438, "details": "48. The annual report of the University shall be prepared under the direction of the Syndicate and shall be submitted to the Commission on or before the 31st January of the following academic session.", "name": "Annual Report", "related_acts": "", "section_id": 48 }, { "act_id": 438, "details": "49. (1) The annual accounts and balance-sheet of the University shall be prepared under the direction of the Syndicate and shall be submitted to the Commission for the purpose of audit. (2) The accounts together with copies of the audit report shall be submitted to the Commission.", "name": "Annual Accounts", "related_acts": "", "section_id": 49 }, { "act_id": 438, "details": "50. In the absence of any clear provision in this Act, Statutes or University Ordinances, if any question arises whether any person 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": "Disputes to the constitution of University Authorities and bodies", "related_acts": "", "section_id": 50 }, { "act_id": 438, "details": "51. (1) An appeal against the order of any Officer or Authority of the University affecting any person or class of persons in the University may be made by petition to the  Chancellor who shall send a copy of any such petition to the officer or Authority concerned and shall give such officer or Authority an opportunity to show cause why the appeal should not be entertained. (2) The Chancellor may reject any such appeal or may, if he thinks fit, appoint an Enquiry Commission consisting of such persons as are not officers of the University or members of any Authority thereof, to inquire into the matter and to submit to him a report thereon. (3) The Chancellor shall, on receipt of the Enquiry Commission's report, send a copy thereof to the Syndicate and the Syndicate shall take the report into consideration and shall, within three months of the receipt thereof, pass a resolution thereon which shall be communicated to the Chancellor who shall then take such action on the report of the Enquiry Commission and resolution of the Syndicate as he may think fit. (4) An Enquiry Commission appointed under sub-section (2) may require any officer or Authority of the University to furnish it with such papers or information as are, in the opinion of the Enquiry Commission, relevant to the matter under inquiry, and such officer or Authority shall be bound to comply with such requisition.", "name": "Appeals to Chancellor", "related_acts": "", "section_id": 51 }, { "act_id": 438, "details": "52. Where any Authority of the University is authorised by this Act or the Statutes to appoint Committees, such Committees shall, unless otherwise provided, consist of one or more members of the Authority concerned and of such other persons, if any, as the Authority in each case may think fit.", "name": "Constitution of Committees", "related_acts": "", "section_id": 52 }, { "act_id": 438, "details": "53. All casual vacancies among the members other than ex-officio members of any Authority or other body of the University shall be filled, as soon as may be, by the person or body who nominated or elected the member whose place has become vacant, and the person nominated or elected to a casual vacancy shall be a member of such Authority or body for the residue of the term for which the persons whose place he fills would have been a member.", "name": "Filling of casual vacancies", "related_acts": "", "section_id": 53 }, { "act_id": 438, "details": "1054. No act or proceedings of any Authority or other body of the University shall be invalid or be called in question merely on the ground of the existence of any vacancy in such Authority or body, or of the failure or defect in making or holding any appointment, nomination or election to, or of any other defect in the formation of, such Authority or body.", "name": "Validity of proceedings, etc.", "related_acts": "", "section_id": 54 }, { "act_id": 438, "details": "55. (1) Every salaried teacher and officer of the University shall be appointed on a written contract which shall be lodged with the Registrar of the University, and a copy of the contract shall be furnished to the teacher or officer concerned. (2) The service conditions shall be determined without any prejudice to the freedom of the teacher or officer to hold any political views and to keep association with any lawful organisation outside the University and shall be clearly stated in the contract: Provided that if a teacher or other salaried employee of the University seeks election as a Member of Parliament, he shall before the date for filing of nominations, resign from the service of the University. (3) A teacher or officer of the University may be dismissed only on grounds of moral turpitude or inefficiency, but no such teacher or officer shall be dismissed unless an enquiry into the charges of moral turpitude or inefficiency is held by an Enquiry Committee on which the teacher or the officer may be represented by a person nominated by him.", "name": "Conditions of service", "related_acts": "", "section_id": 55 }, { "act_id": 438, "details": "56. (1) The University shall, in such manner and subject to such condition as may be prescribed by the Statutes and the University Ordinances, constitute for the benefit of its employees, such pension, group insurance, benevolent fund, provident fund or gratuity as it may deem fit. (2) Where any provident fund has been constituted, the Government may declare that the provisions of the Provident Fund Act, 1925 (XIX of 1925), shall apply to such funds as if it were a Government Provident Fund.", "name": "Pension and provident fund", "related_acts": "", "section_id": 56 }, { "act_id": 438, "details": "57. The Government or the Commission shall, for the purposes of this Act, contribute annually to the University such sum of money as may be determined by them.", "name": "Contribution", "related_acts": "", "section_id": 57 }, { "act_id": 438, "details": "58. (1) The Rajshahi University Ordinance, 1961 (E.P. Ord. No. XVIII of 1961) and the Rajshahi University Ordinance, 1973 (Ord. XI of 1973) are hereby repealed. (2) Notwithstanding the aforesaid repeal anything done, action taken, obligation or liability incurred, rights and assets acquired, person appointed or authorised, jurisdiction or power conferred, endowment, bequest, fund or trust created, donation and grant made, scholarship, studentship or exhibition instituted, affiliation granted and orders issued under any of the provisions of the said Ordinances, or Statutes, University Ordinances, and Regulations made thereunder, so far as they are not inconsistent with the provisions of this Act or Statutes, University Ordinances and Regulations, made hereunder shall be continued and so far as may be, deemed to have been respectively done, taken, incurred, acquired, appointed, authorised, conferred, created, made, instituted, granted or issued under this Act or the Statutes, University Ordinances or Regulations made hereunder and any documents referring to any of the provisions of the said Ordinance or Statutes, University Ordinances or Regulations made thereunder shall, so far as may be, considered to refer to the corresponding provision of this Act or the Statutes, University Ordinances or Regulations made hereunder.", "name": "Repeal and saving", "related_acts": "", "section_id": 58 }, { "act_id": 438, "details": "59. Upon the coming into force of this Act the existing Syndicate, Academic Council and all other Authorities, Committees and bodies constituted under the repealed Ordinances shall continue to function until a new Syndicate, Academic Council and other Authorities, Committees and bodies are duly constituted under this Act and all persons holding office under the repealed Ordinances shall continue to function till new appointments or nominations are made or elections are held according to this Act.", "name": "Interim arrangement", "related_acts": "", "section_id": 59 }, { "act_id": 438, "details": "60. If any difficulty arises with respect to the functioning of the University or in connection with the first meeting of any Authority of the University or otherwise in first giving effect to the provisions of this Act the Chancellor may, at any time before all the Authorities of the University have been constituted, by order make any appointment or do anything, consistent so far as may be with the provisions of this Act and the Statutes, which appears to him necessary or expedient for the purpose of removing the difficulty; and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act: Provided that, before making any such order or taking any such action, the Chancellor shall ascertain and consider the opinion of the Vice-Chancellor.", "name": "Removal of difficulties", "related_acts": "", "section_id": 60 } ], "text": "An Act to repeal the Rajshahi University Ordinance, 1961 and provide for reconstitution and reorganisation of the University of Rajshahi. WHEREAS it is expedient to reconstitute and reorganise the University of Rajshahi for the purpose of improving the teaching and research provided thereby and the administration thereof; It is hereby enacted as follows:-" }

{ "id": 439, "lower_text": [], "name": "The Bangladesh Girl Guides Association Act, 1973", "num_of_sections": 8, "published_date": "3rd October, 1973", "related_act": [ 439 ], "repelled": false, "sections": [ { "act_id": 439, "details": "1. (1) This Act may be called the Bangladesh Girl Guides Association Act, 1973. (2) It shall come into force at once and shall be deemed to have taken effect on the 16th day of December, 1971.", "name": "Short title and commencement", "related_acts": "439", "section_id": 1 }, { "act_id": 439, "details": "2. Notwithstanding anything contained in any other law, the erstwhile East Pakistan Branch of the Pakistan Girl Guides Association shall, on the commencement of this Act, cease to be a branch of that Association and shall, become a body corporate, by the name of the Bangladesh Girl Guides Association, hereafter in this Act referred to as the Association, having perpetual succession and a common seal, with power, subject to the rules made or deemed to have been made under section 4, to acquire, hold and dispose of property, movable or immovable, for the purposes of the Association, and shall by the said name sue and be sued.", "name": "Incorporation of Association", "related_acts": "", "section_id": 2 }, { "act_id": 439, "details": "3. Notwithstanding anything contained in any other law, on the commencement of this Act, all assets of the Pakistan Girl Guides Association in Bangladesh shall stand transferred to and vested in the Association. 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.", "name": "Transfer of assets", "related_acts": "", "section_id": 3 }, { "act_id": 439, "details": "4. The constitution, powers and functions of the Association shall be such as may be prescribed by rules to be made by the Association, with the previous approval of the Government, and until such rules are made, the rules applicable to the erstwhile East Pakistan Branch of the Pakistan Girl Guides Association, and in force immediately before the commencement of this Act, shall mutatis mutandis, continue in force and be deemed to have been made under this section.", "name": "Constitution, Power and functions of Association", "related_acts": "", "section_id": 4 }, { "act_id": 439, "details": "5. The Association shall have the sole and exclusive right to have and to use all emblems, badges, uniforms and decorations, descriptive or designating marks and titles, now or heretofore used by the Association and also the title “Girl Guides” or, saving the title of any unit of the Armed Forces of Bangladesh or any Forces attached to or serving with such forces, any title containing the word “Guides” or any grammatical variation thereof, and shall also have the sole and exclusive right to manufacture, have or use any emblem, badge, decoration, uniform, descriptive or designating mark or title hereafter adopted by the Association for carrying out its objects.", "name": "Exclusive right to titles, uniforms, badges, etc.", "related_acts": "", "section_id": 5 }, { "act_id": 439, "details": "6. (1) Whoever contravenes any provision of section 5 shall be punishable with fine. (2) If such contravention is committed by a company, association or body of individuals, every member thereof who is knowingly a party to the contravention shall be deemed to be guilty of such contravention.", "name": "Penalty, etc.", "related_acts": "", "section_id": 6 }, { "act_id": 439, "details": "7. Nothing in this Act shall affect the right of any person to continue to use for a period of two months from the commencement of this Act any sign which it was not unlawful for him to use immediately before such commencement.", "name": "Saving", "related_acts": "", "section_id": 7 }, { "act_id": 439, "details": "8. The Girl Guides Association Ordinance, 1960 (Ord. XLIV of 1960) is hereby repealed.", "name": "Repeal", "related_acts": "", "section_id": 8 } ], "text": "An Act to incorporate the erstwhile East Pakistan Branch of the Pakistan Girl Guides Association, as the Bangladesh Girl Guides Association, and to provide for certain matters connected therewith. WHEREAS it is expedient to incorporate the erstwhile East Pakistan Branch of the Pakistan Girl Guides Association, as the Bangladesh Girl Guides Association, and to provide for certain matters connected therewith; It is hereby enacted as follows:-" }

{ "id": 440, "lower_text": [ "1 Clause (n) was substituted by section 4 of the Universities Laws (Amendment) Act, 1987 (Act No. XXXVI of 1987)", "2 Sub-section (4) was added by section 5 of the Universities Laws Amendment Act, 1980 (Act No. I of 1980)", "3 Sub-section (2) was substituted by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975)", "4 Section 14 was substituted by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975)", "5 The words “one or more Pro-Vice-Chancellors” were substituted for the words “a Pro-Vice-Chancellor” by section 2 of the Chittagong University (Amendment) Act, 1999 (Act No. VIII of 1999)", "6 Clause (b) was substituted by section 3 of the Chittagong University (Amendment) Act, 1999 (Act No. VIII of 1999)", "7 Clause (aa) was inserted by section 4 of the Chittagong University (Amendment) Act, 1999 (Act No. VIII of 1999)", "8 Clause (aa) was inserted by section 5 of the Chittagong University (Amendment) Act, 1999 (Act No. VIII of 1999)", "9 Clause (cc) was inserted by section 2 of the Chittagong University (Amendment) Ordinance, 1986 (Ordinance No. LXI of 1986)", "10 The words “and the Directors of University Institutes” were inserted by section 2 of the Chittagong University (Amendment) Ordinance, 1986 (Ordinance No. LXI of 1986)", "11 Clause (aa) was inserted by section 6 of the Chittagong University (Amendment) Act, 1999 (Act No. VIII of 1999)", "12 Clause (aa) was inserted by section 6 of the Chittagong University (Amendment) Act, 1999 (Act No. VIII of 1999)", "13 The words and brackets “Director (Planning and Development)” were substituted for the words “Planning Development Officer” by section 4 of the Universities Laws (Amendment) Act, 1987 (Act No. XXXVI of 1987)", "14 Section 64 was substituted by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975)" ], "name": "The Chittagong University Act, 1973", "num_of_sections": 69, "published_date": "4th October, 1973", "related_act": [ 440, 509, 136, 446 ], "repelled": false, "sections": [ { "act_id": 440, "details": "1. (1) This Act may be called the Chittagong University Act, 1973. (2) It shall come into force at once and shall be deemed to have taken effect on the 16th day of December, 1972.", "name": "Short title and commencement", "related_acts": "440", "section_id": 1 }, { "act_id": 440, "details": "2. In this Act and in all the Statutes made hereunder, unless there is anything repugnant in the subject or context- (a)\t“Academic Council” means the Academic Council of the University constituted under this Act; (b)\t“affiliated college” means an institution recognised by, and affiliated to, the University in accordance with the provisions of this Act, the Statutes and the University Ordinances; (c)\t“Authority” means any of the Authorities of the University hereinafter specified in this Act or the Statutes; (d)\t“Commission” means the University Grants Commission of Bangladesh constituted under the University Grants Commission of Bangladesh Order, 1973 (P.O. No. 10 of 1973); (e)\t“constituent college” means a college recognised by the University as an integral part thereof;  (f)\t“Hall” means a unit of residence for students of the University provided or maintained by the University for the corporate life and extra-curricular instructions of its students; (g)\t“Hostel” means a unit of residence for the students of the University provided otherwise than by the University but approved and licensed by the University in accordance with the provisions of this Act; (h)\t“institution” means an institution recognised as such by the University; (i)\t“Principal” means the head of a College or Institution; (j)\t“Provost” means the head of a Hall; (k)\t“Registered Graduates” means graduates registered under the provisions of the Statutes; (l)\t“Senate” means the Senate of the University constituted under this Act; (m)\t“Statutes”, “University Ordinances” and “Regulations” mean respectively, the Statutes, Ordinances and Regulations of the University for the time being in force; (n)\t“Syndicate” means the Syndicate of the University constituted under this Act; (o)\t“University” means the University of Chittagong; (p) (i) \t“University teacher” means a teacher of the University and includes a University Professor, a University Associate Professor, a University Lecturer or any other person belonging to a University teaching department appointed by the University or recognised as such; and (ii) \t“college teacher” means a Professor, a Lecturer or any other person belonging to a college appointed or recognised in accordance with the Statutes, for imparting instruction at a constituent college, or any professional, technical or any other college affiliated to the University designated as college Professor and college Lecturer;  (q)\t“Warden” means the head of a Hostel; and (r)\t“year” means academic year beginning on and from the 1st day of July.", "name": "Definitions", "related_acts": "446", "section_id": 2 }, { "act_id": 440, "details": "3. (1) The University of Chittagong shall be reconstituted at Chittagong in accordance with the provisions of this Act. (2) The Chancellor and the Vice-Chancellor of the University and the members of the Senate, the Syndicate and the Academic Council and all persons who may, hereafter, become such officers or members, so long as they continue to hold such office, or membership, shall constitute a body corporate by the name of the University of Chittagong. (3) The University shall have perpetual succession and common seal and shall sue and be sued by the said name.", "name": "The University", "related_acts": "", "section_id": 3 }, { "act_id": 440, "details": "4. The University shall exercise the powers conferred on it by or under this Act within the territorial limits of Chittagong Division, as may be determined by the Government, from time to time, in respect of the institutions lying therein and imparting instruction and training above the Intermediate stage: Provided that the University shall have power to frame Statutes for constituting one Governing Body for affiliated and constituent colleges and institutes.", "name": "Jurisdiction", "related_acts": "", "section_id": 4 }, { "act_id": 440, "details": "5. 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 Act in connection with such property.", "name": "Power to acquire and hold property by the University", "related_acts": "", "section_id": 5 }, { "act_id": 440, "details": "6. Subject to such conditions as may be prescribed by or under the provisions of this Act, the University shall have the powers- (a)\tto provide for instruction in such branches of learning, at degree and post-graduate level, as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge;  (b) \tto affiliate and disaffiliate colleges or institutes; (c) \tto prescribe courses of studies to be taught by the University and the affiliated colleges or institutes; (d) \tto hold examinations and grant to, and confer degrees and other academic distinctions on persons who,- (i)\thave pursued a course of study provided for or prescribed by the University, or (ii)\thave carried on research under conditions laid down in the Statutes, or (iii)\thave carried on private study under conditions laid down in the Statutes; (e)\tto confer honorary degree or other distinctions on persons in the manner as laid down in the Statutes; (f)\tto provide such lectures and instructions for and to grant, under conditions laid down in the Statutes, such diplomas to persons, not being students of an affiliated colleges as the University may determine; (g)\tto inspect affiliated colleges or institutes and hostels attached to them; (h)\tto co-operate with other Universities and Authorities, in such manner and for such purposes as the University may determine; (i) \tto institute Professorships, Associate Professorships, Assistant Professorships, Lecturerships and any other research and teaching posts required by the University, and to appoint persons to such Professorships, Associate Professorships, Assistant Professorships, Lecturerships and such other research and teaching posts; (j) \tto institute and maintain Halls for the residence of the students of the University and to approve and license Hostels maintained by other persons for the residence of such students;  (k) \tto institute and award Fellowships, Scholarships, Prizes and Medals in accordance with the Statutes, University Ordinances and Regulations; (l) \tto set up and maintain academic museums, laboratories, schools and institutions for the development of teaching and research; (m)\tto supervise and control the residence and discipline of the students of the University, to promote their extra-curricular activities, to make arrangements for promoting their health; (n) \tto demand and receive such fees as may be prescribed in the University Ordinances; and (o) \tto do all such other acts and things, whether incidental to the powers aforesaid or not, as may be required in order to further the objects of the University as an affiliating, teaching and examining body and to cultivate and promote arts, science and other branches of learning.", "name": "Powers of the University", "related_acts": "", "section_id": 6 }, { "act_id": 440, "details": "7. The University shall be open to all persons of either sex and of whatever religion, race, caste, creed, class or colour.", "name": "University open to all classes, castes and creed", "related_acts": "", "section_id": 7 }, { "act_id": 440, "details": "8. (1) All recognised teaching in connection with examinations of the University shall be conducted by the University or constituent and affiliated colleges or institutes and shall include lecture and work in the laboratories and workshops; and the teaching shall be conducted by the teachers recognised in the manner as may be provided by the University Ordinances. (2) The Authorities responsible for organising such teaching shall be prescribed by the Statutes. (3) The courses and curricula shall be prescribed by the University Ordinances and the Regulations. (4) Recognised teaching shall be supplemented by the tutorial instruction to be given in accordance with the conditions to be provided by the University Ordinances and Regulations. (5) Teaching may be organised on co-operative basis, under the aegis of the University, for colleges or institutes among themselves or between the colleges, institutes and the University.", "name": "Teaching of the University", "related_acts": "", "section_id": 8 }, { "act_id": 440, "details": "9. (1) The Commission shall have the right to cause an inspection to be made, by such person or persons as it may direct, of the University, its buildings, laboratories and equipment and of any institutions associated with the University, and also of the examinations, teaching and other work conducted or done by the University and to cause an enquiry to be made in like manner in respect of any matter connected with the University. (2) The Commission shall in every case give notice to the University of its intention to cause an inspection or enquiry to be made and the University shall be entitled to be represented thereat. (3) The Commission shall communicate to the Syndicate its views with reference to the results of any such inspection or enquiry, and shall, after ascertaining the opinion of the Syndicate thereon, advise the University upon the action to be taken in that behalf. (4) The Syndicate shall report to the Commission the action, if any, which is proposed to be taken or has been taken upon the results of its inspection or enquiry.", "name": "Visitation", "related_acts": "", "section_id": 9 }, { "act_id": 440, "details": "10. The following shall be officers of the University:- (a)\tthe Chancellor; (b) \tthe Vice-Chancellor; (c) \tthe Pro-Vice-Chancellor; (d) \tthe Deans of Faculties; (e) \tthe Registrar; (f) \tthe Inspector of Colleges; (g) \tthe Librarian; (h) \tthe Provosts of Halls; (i) \tthe Proctor; (j) \tthe Comptroller of Accounts; (k) \tthe Head of the Engineering office; (l) \tthe Director of students Counselling and Guidance; (m) \tthe Controller of Examinations; 1(n) \tthe Director (Planning and Development); (o) \tthe Medical Officer; (p) \tthe Deputy Registrar (Academic); (q)\tthe Deputy Registrar (Administration); and (r)\tsuch other officers as may be declared by the Statutes to be officers of the University.", "name": "Officers of the University", "related_acts": "", "section_id": 10 }, { "act_id": 440, "details": "11. (1) The President of the People's Republic of Bangladesh shall be the Chancellor of the University and shall preside at the convocation of the University for award of degrees and honours and, in his absence, the Vice-Chancellor shall preside at such convocations. (2) The Chancellor shall have such other powers as are conferred on him by this act or the Statutes. (3) Every proposal for the conferment of an honorary degree shall be subject to the confirmation of the Chancellor. 2(4) The President may, if he thinks fit, direct that the powers of the Chancellor under this Act shall be exercised by such person as he may authorise in this behalf; and the powers exercised by the person so authorised shall be expressed to have been exercised in the name of the Chancellor.", "name": "Chancellor", "related_acts": "", "section_id": 11 }, { "act_id": 440, "details": "12. (1) The Vice-Chancellor shall be appointed by the Chancellor from a panel of three persons to be nominated by the Senate for a period of four years on such terms and conditions as the Chancellor may determine. A person appointed as Vice-Chancellor shall be eligible for nomination and appointment for a second term only. 3(2) Where any temporary vacancy in the office of the Vice-Chancellor occurs by reason of leave, illness, resignation or any other cause, the Chancellor shall make such arrangements for carrying on duties of the office of the Vice-Chancellor as he may think fit.", "name": "Vice-Chancellor", "related_acts": "", "section_id": 12 }, { "act_id": 440, "details": "13. (1) The Vice-Chancellor shall be a whole-time principal academic and executive officer of the University and shall, in the absence of the Chancellor, preside at the convocation of the University. He shall be an ex-officio member and Chairman of the Senate, the Syndicate, the Academic Council, the Finance Committee and other Statutory Committees save as otherwise provided in this Act and shall be entitled to be present and to speak at any meeting of any Authority or body of the University but shall not be entitled to vote thereat unless he is a member of the Authority or body concerned. (2) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes and the University Ordinances are faithfully observed, and he shall have 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 for approval of the action so taken to the Authority concerned at the earliest opportunity. (4) The Vice-Chancellor shall have the right to visit Colleges and other institutions affiliated to the University. (5) The Vice-Chancellor shall have the power to appoint, on a purely temporary basis, ordinarily for a period not more than six months, teachers (other than Professors), officers (other than statutory officers), administrative and subordinate staff and report such action to the Syndicate. (6) The Vice-Chancellor may, subject to such conditions as may be prescribed, delegate any of his powers to such officers of the University as he may determine. (7) The Vice-Chancellor shall have the right to call meetings of the Senate, the Syndicate, the Academic Council, the Finance Committee and other Statutory Committees save as otherwise provided in this Act. (8) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes, University Ordinances and Regulations. (9) The Vice-Chancellor shall give effect to the decisions of the Syndicate regarding appointments, dismissal and suspension of the officers and the University teachers, and shall exercise general control over the members of the University. He shall be responsible for the discipline of the University in accordance with this Act, the Statutes and the University Ordinances. (10) In case of the Vice-Chancellor not agreeing with the resolution of any Authority or body of the University, the Vice-Chancellor shall have the power to withhold implementation of the resolution and refer in back to the Authority or body concerned with his opinion for reconsideration in its next regular meeting. If in the process of reconsideration the body or Authority concerned does not agree with the Vice-Chancellor, the decision of the Syndicate thereon shall be final.", "name": "Duties and powers of the Vice-Chancellor", "related_acts": "", "section_id": 13 }, { "act_id": 440, "details": "414. (1) The Chancellor may, if he deems fit so to do, appoint 5one 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 Ordinances.", "name": "Pro-Vice-Chancellor", "related_acts": "", "section_id": 14 }, { "act_id": 440, "details": "15. (1) The Registrar shall be the secretary to the Senate, the Syndicate and the Academic Council. He shall maintain a register of Registered Graduates in accordance with the Statutes and shall exercise such other powers and perform such other duties as may be prescribed by the Statutes and the University Ordinances. (2) All contracts shall be signed by the Registrar on behalf of the University.", "name": "The Registrar", "related_acts": "", "section_id": 15 }, { "act_id": 440, "details": "16. The Inspector of Colleges shall be responsible for all matters connected with the affiliated colleges or institutes and shall perform such other duties as may be prescribed by the Statutes and the University Ordinances or as may be assigned to him by the Vice-Chancellor.", "name": "The Inspector of Colleges", "related_acts": "", "section_id": 16 }, { "act_id": 440, "details": "17. (1) The Comptroller of Accounts shall be responsible for administration of the funds of the University and shall perform such other duties as may be prescribed by the Statutes and the University Ordinances or assigned to him by the Vice-Chancellor. (2) He shall be the Secretary to the Finance Committee.", "name": "The Comptroller of Accounts", "related_acts": "", "section_id": 17 }, { "act_id": 440, "details": "18. The Controller of Examinations shall be responsible for all matters connected with the conduct of examinations and shall perform such other duties as may be prescribed by the Statutes and the University Ordinances or assigned to him by the Vice-Chancellor.", "name": "The Controller of Examinations", "related_acts": "", "section_id": 18 }, { "act_id": 440, "details": "19. The Deputy Registrars shall work under the general supervision of the Registrar and shall perform such other duties as may be assigned to them by the Vice-Chancellor.", "name": "The Deputy Registrars", "related_acts": "", "section_id": 19 }, { "act_id": 440, "details": "20. The duties and powers of the other officers shall be prescribed by the Statutes, the University Ordinances and the Regulations.", "name": "The duties and powers of other officers", "related_acts": "", "section_id": 20 }, { "act_id": 440, "details": "21. The following shall be the Authorities of the University :- (a)\tthe Senate; (b) \tthe Syndicate; (c) \tthe Academic Council; (d) \tthe Faculties; (e) \tthe Committees of Courses and Studies; (f) \tthe Boards of Advanced Studies; (g) \tthe Finance Committee; (h) \tthe Planning and Development Committee; (i) \tthe Selection Boards; and (j) \tsuch other Authorities as may be provided for in the Statutes.", "name": "Authorities of the University", "related_acts": "", "section_id": 21 }, { "act_id": 440, "details": "22. (1) The Senate shall consist of the following persons:- (a) \tthe Vice-Chancellor; 6(b) \tthe Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors; (c) \tfive Government officials to be nominated by the Government; (d) \tfive Members of Parliament to be nominated by the Speaker; (e) \tfive distinguished educationists to be nominated by the Chancellor;  (f) \tfive representatives of research bodies to be nominated by the Syndicate; (g) \tfive college Principals to be nominated by the Academic Council from among the Principals of the affiliated and constituent colleges; (h)\tten college teachers to be nominated by the Academic Council from among teachers of the affiliated and constituent colleges; (i) \tthe Chairman of the Board of Intermediate and Secondary Education, Comilla; (j) \ttwenty-five representatives of Registered Graduates to be elected by such graduates from among themselves; (k)\tthirty-three representatives of teachers of the University to be elected in a special meeting of the University teachers; and (l) \tfive representatives of the students to be elected by the University students. (2) The members of the Senate, other than the ex-officio members and the student members, shall hold office for a period of three years and the student members shall hold office for a period of one year. The members shall continue in office till their successors having been elected, nominated or appointed, enter upon the office: Provided that the Members of Parliament, the Government officials, the College Principals, the College teachers, Registered Graduates, University teachers and representatives of research bodies shall hold office so long as they continue to be a Member of Parliament, Government official, college Principal, college teacher, Registered Graduate, University teacher or associated with any research body: Provided further that the student members shall lose membership if they cease to be students of the University. (3) The election of members of the Senate shall be held in such manner as may be prescribed by the Statutes.", "name": "The Senate", "related_acts": "", "section_id": 22 }, { "act_id": 440, "details": "23. (1) The Senate shall, on a date to be fixed by the Vice-Chancellor, meet at least once in a year at a meeting to be called the annual meeting of the Senate. (2) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than thirty members of the Senate, convene a special meeting of the Senate.", "name": "Meeting", "related_acts": "", "section_id": 23 }, { "act_id": 440, "details": "24. Subject to the provisions of this Act, the Senate shall- (a)\tamend and ratify the Statutes on the proposals of the Syndicate; (b) \tconsider and pass resolutions on the annual report, the annual accounts and the financial estimates presented by the Syndicate; and (c) \texercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes.", "name": "Powers and duties of the Senate", "related_acts": "", "section_id": 24 }, { "act_id": 440, "details": "25. (1) The Syndicate shall consist of the following persons:- (a)\tthe Vice-Chancellor; 7(aa) \tthe Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors; (b)\tsix University teachers to be elected by the such teachers from among themselves; (c) \ttwo representatives of the Senate, one being a Registered Graduate and the other an educationist, to be nominated by the Senate; (d) \tthree persons to be nominated by the Chancellor; (e) \tone person to be nominated by the Academic Council; (f)\tone distinguished citizen to be nominated by the Senate from outside its membership; (g) \ttwo College Principals, one from the Principals of the Government affiliated colleges and the other from the non-Government affiliated colleges of University to be nominated by the Academic Council; and (h) \tone Government official, not below the rank of a Secretary, to be nominated by the Government. (2) The elections of members of the Syndicate shall be held in such manner as may be prescribed by the Statutes: Provided that the University teachers to be elected under clause (b) of sub-section (1), one shall be elected from each of the following categories, namely:- (i) \tDeans; (ii) \tProvosts; (iii)\tProfessors; (iv)\tAssociate Professors; (v) \tAssistant Professors; and (vi)\tLecturers. (3) The members of the Syndicate shall hold office for a term of two years but shall continue in office till their successors having been elected or nominated enter upon the office: Provided that the University teachers, College Principals, representatives of the Senate and Government nominee shall hold office so long as they continue to be such teachers, Principals, members and official.", "name": "The Syndicate", "related_acts": "", "section_id": 25 }, { "act_id": 440, "details": "26. (1) The Syndicate shall be the Executive Body of the University, and, subject to the provisions of this Act and the powers conferred on the Vice-Chancellor, the Syndicate shall have the general management of, and superintendence over, the affairs, concerns and properties of the University and shall see that the provisions of this Act, Statutes, University Ordinances and Regulations, for the time being in force, are observed. (2) In particular and without prejudice to the generality of powers to be exercised under sub-section (1) the Syndicate shall- (a)\thold, control and administer the property and funds of the University and, for these purposes, obtain advice, on matters of finance from Finance Committee; (b) \tdetermine the form, provided for custody and regulate the use of the common seal of the University; (c) \tlay before the Commission annually of full statement of the financial requirements of the University, together with a full statement of all the bequests received by the University; (d) \tadminister any funds placed at the disposal of the University for specific purposes; (e) \tappoint, subject to the provisions of this Act and the Statutes, officers other than the Vice-Chancellor and teachers, clerical staff and other employees of the University, define their duties and conditions of service and provide for the filling temporary vacancies in their posts; (f) \taffiliate or disaffiliate, subject to the Statutes, a college or institute and approve or withdraw approval of a hostel not maintained by the University; (g) \taccept, on behalf of the University, transfer of any property, both movable or immovable; (h) \tarrange for the holding of, and publish the results of, the University examinations; (i) \tregulate and determine, subject to the powers conferred by this Act on the Vice-Chancellor, all matters concerning the University in accordance with this Act, the Statutes and the University Ordinances; (j) \tarrange for, and direct the inspection of all affiliated colleges, institutes and hostels; (k) \tmake, amend or repeal the Statutes; (l) \tframe University Ordinances consistent with the provisions of this Act and the Statutes; (m)\tconsider and pass resolutions on the Annual Report, the Annual Accounts, the Finance Estimates; (n) \tinstitute Professorships, Associate Professorships, Assistant Professorships, Lecturerships or other teaching posts and research positions in accordance with the Statutes and recommendations of the Academic Council; (o) \tinstitute new teaching and Research Departments with prior approval of the Commission and in accordance with the Statutes and recommendations of the Academic Council; (p) \tabolish or suspend any Professorship, Associate Professorship, Assistant Professorship or Lecturership or other teaching posts and research positions in accordance with the Statutes and recommendations of the Academic Council; (q) \tabolish or suspend department or institute in accordance with the Statutes and recommendations of the Academic Council; (r) \taccord recognition to a Scholar as a teacher of the University in accordance with the provisions of the Statutes and recommendations of the Academic Council; (s) \tdelegate, subject to such conditions as may be prescribed by Regulations, its power to appoint clerical staff and other employees to such person or Authority as the Syndicate may determine on the recommendation of the Vice-Chancellor; (t) \tabolish or suspend any administrative, clerical and other non-teaching posts; (u)\tmanage and regulate the finances, accounts, investments, property and all administrative affairs, whatsoever of the University and, for that purpose, appoint such agents as it may think fit; (v) \taccept bequests, donations and transfer of property to the University; (w)\tprovide for buildings, premises, furniture, apparatus, equipment and other means needed for carrying on the work of the University; (x) \tafter report from the Finance Committee, enter into, modify, carry out, confirm and cancel contracts on behalf of the University; (y) \tinvest any money belonging to the University, including any unapplied income, in any of the securities described in section 20 of the Trust Act, 1882, or in the purchase of immovable property in Bangladesh with the like power of varying such investments or place on fixed deposit in any bank any portion of such money not required for immediate expenditure; and (z) \texercise such other powers and perform such other duties as may be conferred or imposed on it by the Statutes. (3) At least one-third of the total number of members shall be present to constitute a quorum of a meeting of the Syndicate.", "name": "Powers and duties of the Syndicate", "related_acts": "", "section_id": 26 }, { "act_id": 440, "details": "27. The Academic Council shall be the academic body of the University and shall, subject to the provisions of this Act, the Statutes and the University Ordinances, have the control and superintendence over, and be responsible for, the maintenance of standards of instruction, education and examination within the University, and shall exercise such other powers and perform such other duties as may be conferred upon it by the Statutes. It shall have the right to advise the Syndicate regarding affiliation to, or disaffiliation of, colleges and on all academic matters.", "name": "Academic Council", "related_acts": "", "section_id": 27 }, { "act_id": 440, "details": "28. (1) The Academic Council shall consist of the following persons- Ex-officio members: (a)\tthe Vice-Chancellor; 8(aa) \tthe Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors; (b) \tthe Deans of the Faculties; (c) \tthe Professors and the Chairman of Departments other than Deans; 9(cc) \tthe Directors of the University Institutes; (d) \tthe Librarian of the University; Nominated members: (e) \tten Principals of affiliated colleges of whom at least three shall be from the Principals of Government colleges to be nominated by the Chancellor; (f) \tfive persons from research bodies and centres of higher learning to be nominated by the Chancellor; Elected members: (g)\ttwo Associate Professors, two Assistant Professors and two Lecturers, other than Chairman of Departments 10and the Directors of University Institutes, to be elected by the teachers themselves. (2) Members other than ex-officio members shall hold office for a period of two years and shall continue in office until their successors having been nominated or elected enter upon the office: Provided that the Associate Professors, Assistant Professors or Lecturers elected as such shall hold office so long as they continue to be such Associate Professors, Assistant Professors and Lecturers.", "name": "Constitution of the Academic Council", "related_acts": "", "section_id": 28 }, { "act_id": 440, "details": "29. (1) The Academic Council shall, subject to the provisions of this Act and the Statutes, and the powers conferred on the Vice-Chancellor and the Syndicate, have power to make regulations prescribing the courses of studies and curricula, and laying down proper standards of instruction, research and examinations. (2) Subject to the powers conferred on the Vice-Chancellor and the Syndicate, the Academic Council shall have the following powers, namely:- (a)\tto advise the Syndicate on all Academic matters; (b) \tto propose Academic Ordinances to the Syndicate; (c) \tto call for reports from persons engaged in research and to make recommendations to the Syndicate thereon; (d) \tto make regulations for the encouragement of co-operation and reciprocity among colleges with a view to promoting academic life; (e) \tto decide the conditions under which exemptions relating to the admission of students to examinations may be given; (f)\tto propose to the Syndicate schemes for the constitution of the University Departments and Committees of Courses and Studies; (g) \tto deal with University teaching and to make proposals for the initiation of fresh developments;  (h)\tto prescribe, subject to the approval of the Syndicate and upon the recommendations of the Committees of Courses and Studies, the Courses of Reading, the Syllabuses and outlines of texts in each paper for all the examinations: Provided that the Academic Council shall have power only to accept, reject or refer back, but not to amend the recommendations of the Committees of Courses and Studies: Provided further that in the event of difference of opinion between the Academic Council and the Committee of Courses and Studies after the first reference the opinions of both the bodies shall be placed before the Syndicate for decision which shall be final; (i) \tto approve or reject any subject proposed for this by a candidate for the degree of a Doctor in any subject after consideration of the report of the Board of Advanced Studies: Provided that in the event of difference of opinion between the Academic Council and the Board of Advanced Studies after the first reference, the opinions of both the bodies shall be placed before the Syndicate for decision which shall be final; (j) \tto recognise the examinations of other Universities or Boards as equivalent to the corresponding examinations of the University; (k) \tto advise upon the proposals referred to it on new developments in teaching and research in the University by the Planning and Development Committee; (l) \tto make and amend rules and regulations regarding the use of University Library; (m) to recommend to the Syndicate affiliation or disaffiliation of colleges and institutes; (n) \tto make recommendations for the promotion of research within the University and to advise the Syndicate on such other matters of academic interest as may be referred to them;  (o) \tto initiate proposals for the institution of teaching departments, research institutes and museums, and to make recommendations for the consideration of the Syndicate; and (p)\tto initiate proposals for the institution or suspension of Professorships, Readerships, Lecturerships or other teaching posts and to make recommendation in this respect to the Syndicate. (3) At least one-third of the total number of members shall be present to constitute a quorum of a meeting of the Academic Council.", "name": "Powers and duties of the Academic Council", "related_acts": "", "section_id": 29 }, { "act_id": 440, "details": "30. (1) The University shall include the Faculties of Arts, Science, Social Sciences, Commerce, Law, Medicine, Education and Engineering and may divide or combine existing Faculties and create new Faculties in such manner as may be prescribed by the Statutes. (2) Each Faculty shall, subject to the control of the Academic Council, have charge of the teaching and the courses of studies and research work in such subjects as may be assigned to such Faculty by the Statutes and the University Ordinances. (3) The constitution, powers and functions of the Faculties shall be such as are prescribed by the Statutes and the University Ordinances. (4) Faculties shall be advisory bodies whose decisions shall go through the Academic Council to the Syndicate for giving effect. (5) There shall be a Dean of each Faculty who shall be responsible for the due observance of the Statutes, University Ordinances and Regulations relating to the Faculty. (6) The Dean of each Faculty shall be elected from among the Professors and Associate Professors of the Faculty by all the teachers of the departments belonging to the Faculty and he shall hold office for two years.", "name": "The Faculties", "related_acts": "", "section_id": 30 }, { "act_id": 440, "details": "31. The University Departments shall consist of the teachers of the relevant subjects at the University and the constituent colleges or institutes. The Chairman of a department shall be appointed in such manner as may be prescribed by the Statutes. The departments shall have the responsibility to plan and coordinate the work of the departments under the leadership of the Chairman of the department. The Chairman of the department shall exercise such powers and perform such duties as may be prescribed by the Statutes and the University Ordinances.", "name": "Departments", "related_acts": "", "section_id": 31 }, { "act_id": 440, "details": "32. There shall be two Committees of Courses and Studies - one for Post-Graduate, Honours and Diploma Courses and the other for Degree (Pass) and Certificate Courses. They shall be constituted in such manner as may be prescribed by the Statutes and shall have such functions as may be prescribed by the Statutes and the University Ordinances.", "name": "Committees of Courses and Studies", "related_acts": "", "section_id": 32 }, { "act_id": 440, "details": "33. There shall be Boards of Advanced Studies, for organising post-graduate studies in the University, which shall be constituted in such manner as may be prescribed by the Statutes.", "name": "Boards of Advanced Studies", "related_acts": "", "section_id": 33 }, { "act_id": 440, "details": "34. (1) There shall be a Finance Committee to supervise the income and expenditure of the University, to advise the Syndicate on all matters relating to accounts, administration of property and funds of the University, and it shall consist of:- (a)\tthe Vice-Chancellor; 11(aa) \tthe Pro-Vice-Chancellor or, if there is more than one, the Pro-Vice-Chancellor to be nominated by the Chancellor; (b)\tone person to be nominated by the Syndicate; (c) \tone Dean of Faculty to be nominated by the Academic Council; (d)\tone University teacher to be elected by the University teachers themselves;  (e) \tone person to be nominated by the Senate; and (f) \ttwo experts in the field of finance to be nominated by the Syndicate. (2) The Comptroller of Accounts shall be the Secretary of the Finance Committee. (3) An elected or nominated member shall hold office for a period of two years and shall continue in office until their successors having been elected or nominated enter upon the office.", "name": "Finance Committee", "related_acts": "", "section_id": 34 }, { "act_id": 440, "details": "35. (1) There shall be a Planning and Development Committee to make academic and physical planning of the University and it shall consist of the following:- (a) \tVice-Chancellor .. .. .. Chairman; 12(aa) \tthe Pro-Vice-Chancellor or, if there is more than one, the Pro-Vice-Chancellor to be nominated by the Chancellor; (b) \tfour Deans of Faculties by rotation; (c) \tone Architect, one Engineer and one Expert in Finance from outside the University to be nominated by the Syndicate. (2) The 13Director (Planning and Development) shall be the Secretary of the Planning and Development Committee. (3) A member, other than the Vice-Chancellor, shall hold office for a period of two years and shall continue in office until their successors having been nominated or appointed enter upon the office.", "name": "Planning and Development Committee", "related_acts": "", "section_id": 35 }, { "act_id": 440, "details": "36. (1) There shall be Selection Boards for recommending the appointment of Professors, Associate Professors, Assistant Professors, Lecturers and persons to other research and teaching posts of the University and for recognition as such. (2) The constitution and functions of the Selection Boards shall be such as may be prescribed by the Statutes.", "name": "Selection Boards", "related_acts": "", "section_id": 36 }, { "act_id": 440, "details": "37. The constitution, powers, duties and functions of such other Authorities as may be declared by the Statutes to be Authorities of the University shall be such as may be prescribed by the Statutes.", "name": "Other Authorities of the University", "related_acts": "", "section_id": 37 }, { "act_id": 440, "details": "38. The University shall set up a Discipline Board and such other Boards as may be prescribed by the Statutes.", "name": "University Boards", "related_acts": "", "section_id": 38 }, { "act_id": 440, "details": "39. The constitution, powers, duties and functions of the Discipline Board and all other Boards of the University shall be such as are prescribed by the University Ordinances.", "name": "Constitution etc. of Boards", "related_acts": "", "section_id": 39 }, { "act_id": 440, "details": "40. Subject to the provisions of this Act, the Statutes may provide for all or any of the following matter, namely:- (a) \tthe conferment of Honorary degrees; (b) \tthe institution of fellowships, Scholarships and Prizes; (c) \tthe designations, duties and powers and conditions of service of the teachers and officers of the University; (d)\tthe constitution, powers and duties of the Authorities of the University; (e) \tthe institution of colleges or institutes and hostels and their maintenance; (f) \tthe condition for the recognition of colleges and hostels not maintained by the University and for withdrawal of such recognition, management of such colleges and hostels;  (g) \tconstitution, power and duties of Governing Bodies of affiliated colleges; (h)\tthe mode of appointment and recognition of teachers of the University; (i) \tthe constitution of pension, insurance and provident funds for the benefit of the officers, teachers, clerical staff and other employees of the University; (j) \tthe maintenance of a register of Registered Graduates; and (k) \tall matters which, under this Act, are to be or may be prescribed by the Statutes.", "name": "Statutes", "related_acts": "", "section_id": 40 }, { "act_id": 440, "details": "41. (1) The First Statutes of the University shall be those set out in the Schedule. (2) The Statutes may be amended, repealed or added to by Statutes made by the Syndicate in the manner stated hereinafter. (3) All Statutes, as made by the Syndicate, shall be submitted to the Senate for ratification. (4) The Senate may, on receipt of the proposal of Statutes, return it to the Syndicate with the suggestion that the Statutes or a particular provision of the Statutes be reconsidered and that any amendments specified in the suggestion be considered but if the Syndicate again submits the proposal of Statutes with or without the suggested amendments to the Senate, it shall be deemed to have been ratified unless rejected by the two-thirds of the total number of members of the Senate: Provided that the Statutes relating to the service conditions of teachers, officers and other employees of the University shall be presented to the Senate but shall not require its ratification. (5) A Statute proposed by the Syndicate shall have no validity until it has been ratified or deemed to have been ratified by the Senate. (6) Save as otherwise provided the Syndicate shall not propose any Statute affecting the status, powers or constitution of any Authority of the University until such an Authority bas been given an opportunity of expressing an opinion upon the proposal. Any opinion so expressed shall be in writing and shall be considered by the Syndicate and shall be submitted to the Senate together with the draft of the proposed Statute.", "name": "Framing of Statutes", "related_acts": "", "section_id": 41 }, { "act_id": 440, "details": "42. Subject to the provisions of this Act and the Statutes, the University Ordinances may provide for all or any of the matters, namely:- (a)\tthe admission of students to the University and colleges and their enrolment as such; (b) \tthe courses of studies to be laid down for all degrees, certificates and diplomas of the University; (c) \tthe conditions under which students shall be admitted to the degree, certificate or diploma courses and to the examinations of the University and shall be eligible for degrees, certificates and diplomas; (d)\tthe terms and conditions of residence of the students of the University; (e) \tthe fees to be charged for courses of studies in the University or the colleges and for admission to the examinations, degrees, certificates and diplomas; (f) \tthe constitution, powers and duties of the various standing Committees of the University; (g) \tthe conduct of examinations; and (h) \tall matters which under this Act or the Statutes are to be or may be provided for by the University Ordinances.", "name": "University Ordinances", "related_acts": "", "section_id": 42 }, { "act_id": 440, "details": "43. University Ordinances shall be of two kindsÔÇöExecutive and Academic. Subject to the provisions of sections 44 and 45, the Syndicate shall decide which Ordinances are to be treated as Executive and which Ordinances are to be treated as Academic.", "name": "Two kinds of University Ordinances", "related_acts": "", "section_id": 43 }, { "act_id": 440, "details": "44. Subject to other provisions of this Act and the Statutes, the following matters shall be provided for by the Executive Ordinances, namely:- (a) \tall kinds of fees to be charged by the University; (b) \tpowers and duties of the officers of the University other than those prescribed under this Act; (c) \tscales of pay of University employees; (d)\tconduct and discipline of the students of the University and the colleges and punishment including rustication and expulsion for misconduct and breach of discipline; (e) \tprocedure of inspection of colleges; and (f) \tall other matters which, under the Act or Statutes, are required to be provided for by the Executive Ordinance.", "name": "Executive Ordinances", "related_acts": "", "section_id": 44 }, { "act_id": 440, "details": "45. Subject to the provisions of this Act and the Statutes, the following matters shall be provided for by the Academic Ordinances, namely:- (a) \tcreation of teaching departments and posts; (b) \tregistration of students in the University; (c) \tequivalence of examinations conducted by the Universities and institutions; (d) \tconditions of residence of students; (e) \tconduct of examinations; (f) \tmode of appointment of Examiners; (g)\tinstitutions of Fellowships, Scholarships and Exhibitions; (h)\tframing of Syllabuses and prescribing courses of studies for all degrees, diplomas and certificates awarded by the University;  (i)\tadmission of students to the University and their enrolment as such; and (j)\tconditions under which the students shall be admitted to the degree, diploma or certificate courses and the Examinations of University and shall be eligible for degrees and diplomas and certificates.", "name": "Academic Ordinances", "related_acts": "", "section_id": 45 }, { "act_id": 440, "details": "46. (1) Save as otherwise provided in this section, University Ordinances shall be made by the Syndicate : Provided that no Academic Ordinance shall be made except on the recommendation of the Academic Council.", "name": "University Ordinances how made", "related_acts": "", "section_id": 46 }, { "act_id": 440, "details": "47. (1) The Authorities and other Bodies of the University may make Regulations consistent with this Act, the Statutes and the University Ordinances,- (a) \tlaying down the procedure to be observed at their meetings and the number of members required to form a quorum; (b) \tproviding for all matters which under this Act, the Statutes or the University Ordinances are to be prescribed by Regulations; and (c) \tproviding for all other matters solely concerning such Authorities not provided for by this Act, the Statutes or the University Ordinances. (2) Every Authority or body of the University shall make Regulations providing for the giving of notice to the members of such Authority or body of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. (3) The Syndicate may direct the amendment, in such manner as it may specify, of any Regulation made under this section or the annulment of any Regulation made under sub-section (1): Provided that any Authority or body of the University which is dissatisfied with any such direction may prefer an appeal to the Chancellor whose decision in the matter shall be final.", "name": "Regulations", "related_acts": "", "section_id": 47 }, { "act_id": 440, "details": "48. (1) No College or institution shall be affiliated unless it fulfils the conditions embodied in this Act. (2) In all matters connected with affiliation or disaffiliation the Syndicate shall be guided by the recommendation of the Academic Council. (3) The conditions of residence and instructions in the affiliated colleges shall be prescribed by the University Ordinances and every affiliated college shall be subject to inspection by any officer of the University authorised, in this behalf, by the Syndicate or the Vice-Chancellor. (4) Where a college desires to add to the courses of instruction in respect of which it is affiliated the procedure prescribed shall, so far as may be, be followed. (5) The Syndicate may, after due enquiry, withdraw the recognition granted to a college which has failed to comply with the conditions prescribed by the Statutes and University Ordinances or imposed by the Syndicate at the date of recognition or at any later date. The Syndicate shall give the college an opportunity of appearing at any such enquiry as aforesaid and of making representations on its own behalf. The Syndicate shall inform the college of its decision.", "name": "Colleges", "related_acts": "", "section_id": 48 }, { "act_id": 440, "details": "49. (1) Every affiliated non-Government college shall be a public educational institution; and the whole of its funds shall be appropriated to its own educational purposes and shall be fully controlled by its Governing Body. (2) Each affiliated non-Government college or institution shall be managed by a regularly constituted Governing Body. The constitution, powers and duties of the Governing Body shall be such as may be prescribed by the Statutes: Provided that the Governing Body of the affiliated Government college shall be constituted according to the rules framed by the Government. (3) The Principal or Head of a college shall be responsible for the internal administration and discipline of the college. (4) Every college shall satisfy the Syndicate that adequate financial provision is available for its continued and efficient maintenance, either in the form of an endowment or by an undertaking given by the body maintaining it. (5) Tuition and other fees fixed by a college shall not be below the minimum rates or above the maximum rates prescribed by the University Ordinances in this behalf. (6) Every college shall comply with the relevant Statutes, Ordinances and Regulations of the University. (7) Admission of the students to a college shall be subject to the conditions prescribed by the University Ordinances and Regulations in this behalf. (8) Each college or institution shall ordinarily conform to the University terms, vacations and holidays. (9) Every college shall maintain such registers and records as may be prescribed by the University Ordinances and furnish such statistical and other information as the University may, from time to time, specify. (10) Every college shall submit each year, by a date to be fixed by the Syndicate, a report to the Syndicate, on the working of the college during the previous year, giving the particulars and circumstances of any change in the staff on the management, the number of students and a statement of income and expenditure and such other information as may be required. (11) When a college ceases to exist with the sanction of the University, the disposal of its assets, where not specifically provided for, shall be settled by the Governing Body and the University in consultation with the Government. If these Bodies fail to reach an agreement, the Government shall appoint an arbitrator whose decision shall be final. (12) Every Governing Body shall maintain a Provident Fund for the benefit of members of its teaching staff in accordance with rules prescribed by the Government. (13) All trust funds belonging to a non-Government college or under the control of the Governing Body shall be shown separately in the accounts of the college. (14) Investment of funds belonging to a non-Government college or under the control of the Governing body shall be made in property and securities authorised by law for the investment of trust funds of such other classes of security as may, from time to time, be approved by the Government. (15) The salaries, grades and conditions of service including efficiency and discipline rules for all teachers employed by non-Government affiliated colleges shall be determined by University Ordinances.", "name": "General Provision relating to colleges", "related_acts": "", "section_id": 49 }, { "act_id": 440, "details": "50. Every student of the University shall reside at such places and under such conditions as may be prescribed by the Statutes and the University Ordinances.", "name": "Residence", "related_acts": "", "section_id": 50 }, { "act_id": 440, "details": "51. The Halls of the University shall be such as may be prescribed by the Statutes.", "name": "Halls", "related_acts": "", "section_id": 51 }, { "act_id": 440, "details": "52. (1) The Hostels shall be such as may be approved and licensed by the Syndicate on such general or special conditions as may be prescribed by the University Ordinances. (2) The Wardens and Superintending staff of Hostels shall be appointed in such manner as may be prescribed by the Statutes. (3) The conditions of residence in Hostels shall be prescribed by the University Ordinances and every Hostel shall be subject to inspection by any member of the Discipline Board authorised in this behalf by the Board and by the officer of the University authorised in this behalf by the Syndicate. (4) The Syndicate shall have power to suspend or withdraw the licence of any Hostel which is not conducted in accordance with the conditions prescribed by the University Ordinances.", "name": "Hostels", "related_acts": "", "section_id": 52 }, { "act_id": 440, "details": "53. (1) Admission of students to the University for under-graduate, post-graduate and other courses shall be governed by the rules framed by an Admission Committee appointed for that purpose by the Academic Council. (2) Students shall not be eligible for admission to a course of study for a degree in the University or any of its affiliated colleges, unless they have passed the Intermediate Examination or the Higher Secondary Examination of the Boards of Intermediate and Secondary Education in Bangladesh, or any other Authority incorporated by any law for the time being in force in Bangladesh, or any examination recognised under the Statutes as equivalent thereto, and possess such further qualifications as may be prescribed by the University Ordinances. (3) The conditions under which students may be admitted to the diploma courses of the University shall be prescribed by the University Ordinances. (4) For the purpose of admission to a course of study for a degree the University may recognise as equivalent to its own degrees, any degree conferred by any other University, or as equivalent to the Intermediate or Higher Secondary Examination, any examination other than the Intermediate or Higher Secondary Examination of a recognised University or Board in such manner as may be prescribed by the University Ordinances.", "name": "Admission to University courses", "related_acts": "", "section_id": 53 }, { "act_id": 440, "details": "54. (1) All arrangements for the conduct of Examination shall be made by the Controller of Examinations under the general control of the Vice-Chancellor. (2) The Academic Council shall appoint Examination Committees. The constitutions, powers and duties of Examination Committees shall be prescribed by the University Ordinances. (3) If, in respect of an examination, any examiner becomes, for any cause, incapable of acting as such, the Vice-Chancellor shall appoint an examiner to fill the vacancy.", "name": "Examinations", "related_acts": "", "section_id": 54 }, { "act_id": 440, "details": "55. (1) Every salaried teacher and officer of the University shall be appointed on a written contract which shall be lodged with the Registrar of the University, and a copy of the contract shall be furnished to the teacher or officer concerned. (2) The service conditions shall be determined without any prejudice to the freedom of the teacher or officer to hold any political views and to keep association with any lawful organisation outside the University and shall be clearly stated in the contract: Provided that if a teacher or other salaried employee of the University seeks election as a Member of Parliament, he shall before the date for filing of nominations, resign from the service of the University. (3) A teacher or officer of the University may be dismissed only on grounds of moral turpitude, misconduct or inefficiency, but no such teacher or officer shall be dismissed unless an enquiry into the charges of moral turpitude or inefficiency is held by an Enquiry Committee on which the teacher or the officer may be represented by a person nominated by him.", "name": "Conditions of Service", "related_acts": "", "section_id": 55 }, { "act_id": 440, "details": "56. The Annual Report of the University shall be prepared under the direction of the Syndicate and shall be submitted to the Commission on or before the 31st day of January of the following academic session.", "name": "Annual Report", "related_acts": "", "section_id": 56 }, { "act_id": 440, "details": "57. (1) The annual accounts and balance-sheet of the University shall be prepared under the direction of the Syndicate and shall be audited by an authority to be nominated by the Commission. (2) The accounts together with copies of the audit report shall be submitted to the Commission.", "name": "Annual Accounts", "related_acts": "", "section_id": 57 }, { "act_id": 440, "details": "58. If any question arises regarding the interpretation of any provision of this Act or any Statutes, University Ordinances, or Regulations 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 Attorney-General of Bangladesh for his opinion and the Syndicate shall decide accordingly.", "name": "Interpretation", "related_acts": "", "section_id": 58 }, { "act_id": 440, "details": "59. If any difficulty arises with respect to the functioning of the University or in connection with the first meeting of any Authority of the University or otherwise in first giving effect to the provisions of this Act, the Chancellor may, at any time, before all the Authorities of the University have been constituted, by order, make any appointment or do anything, consistent so far as may be with the provisions of this Act and the Statutes, which appears to him necessary or expedient for the purpose of removing the difficulty and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act : Provided that, before making any such order or taking any such action, the Chancellor shall ascertain and consider the opinion of the Vice-Chancellor.", "name": "Removal of difficulties", "related_acts": "", "section_id": 59 }, { "act_id": 440, "details": "60. (1) No person shall be eligible to hold any office of the University or Colleges or be a member of any Authorities or other bodies of the University or the Colleges or to continue as such if he,- (a) \tis of unsound mind, deaf, mute or is otherwise incapacitated to discharge his functions; (b) \tis an undischarged insolvent; (c) \thas been convicted by a Court of law of an offence which involves moral turpitude; (d) \thad financial interest as an individual, as a partner or otherwise, in any firm which publishes, procures or supplies any book, either written or edited by him, prescribed by the University as a course of study of any examination conducted by the University unless specially permitted by the Syndicate : Provided that, in the case of dispute or doubt, the Chancellor shall determine whether a person is disqualified under this section and his decision shall be final.", "name": "Bar against membership of Authority", "related_acts": "", "section_id": 60 }, { "act_id": 440, "details": "61. If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any Authority or other bodies of the University the matter shall be referred to the Attorney-General of Bangladesh for his opinion and the Syndicate shall decide accordingly.", "name": "Dispute as to constitution of University Authorities and bodies", "related_acts": "", "section_id": 61 }, { "act_id": 440, "details": "62. Where any Authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of such members of that Authority as may be determined by it and such other persons, if any, as the Authority may determine.", "name": "Constitution of Committees", "related_acts": "", "section_id": 62 }, { "act_id": 440, "details": "63. All casual vacancies among the members other than ex-officio members of any Authority or other body of the University shall be filled, as soon as may be, by the person or body who appointed, elected or nominated the members whose place has become vacant, and the person appointed, elected or nominated to a casual vacancy, shall be a member of such Authority or body for the residue of the terms for which the person whose place he fills would have been a member.", "name": "Filling of casual vacancies", "related_acts": "", "section_id": 63 }, { "act_id": 440, "details": "1464. No act or proceedings of any Authority or other body of the University shall be invalid or be called in question merely on the ground of the existence of any vacancy in such Authority or body, or of the failure or defect in making or holding any appointment, nomination or election to, or of any other defect in the formation of, such Authority or body.", "name": "Validity of proceedings, etc.", "related_acts": "", "section_id": 64 }, { "act_id": 440, "details": "65. (1) In the event of any dispute arising out of a contract between the University and any officer or teacher of the University and any other matter not specifically provided for under this Act or the Statutes, the officer or teacher concerned shall have the right of appeal to the Chancellor to be submitted through the Vice-Chancellor of the University who shall submit the appeal to the Chancellor with his comments. The decision of the Chancellor on the appeal shall be final. (2) In the event of a dispute arising out of a contract between a college and an officer or teacher of the college or any other matter not specifically provided for under this Act or the Statutes, the officer or teacher concerned shall have the right of appeal to the Chancellor to be submitted through the President of the Governing body who shall submit the appeal to the Chancellor with his comments. The decision of the Chancellor on the appeal shall be final.", "name": "Appeals to Chancellor", "related_acts": "", "section_id": 65 }, { "act_id": 440, "details": "66. (1) The University shall, in such manner and subject to such conditions as may be prescribed by the Statutes, constitute, for the benefit of its officers, teachers, clerical staff and other employees, such pension, group insurance, benevolent fund, provident fund or gratuity as it may deem fit. (2) Where any provident fund has been constituted, the Government may declare that the provisions of the Provident Funds Act, 1925, shall apply to such funds as if it were a Government Provident Fund.", "name": "Pension and Provident Fund", "related_acts": "136", "section_id": 66 }, { "act_id": 440, "details": "67. The University shall, for the purpose of this Act, receive annually from the Commission such amount as may be determined by the latter.", "name": "Statutory Grant", "related_acts": "", "section_id": 67 }, { "act_id": 440, "details": "68. (1) The Chittagong University Ordinance, 1966 (E. P. Ord. No. IX of 1966) is hereby repealed. (2) Notwithstanding the repeal of the Chittagong University Ordinance, 1966, anything done, action taken, obligation or liability incurred, rights and assets acquired, person appointed or authorised, jurisdiction or power conferred, endowment, bequest, fund or trust created, donation and grant made, scholarship, studentship or exhibition instituted, affiliation granted and orders issued under any of the provisions of the said Ordinance, or Statutes, University Ordinances and Regulations made thereunder, so far as they are not inconsistent with the provisions of this Act or Statutes, University Ordinances and Regulations, made hereunder shall be continued and so far as may be, deemed to have been respectively done, taken, incurred, acquired, appointed, authorised, conferred, created, made instituted, granted or issued under this Act or the Statutes, University Ordinances or Regulations made hereunder and any documents referring to any of the provisions of the said Ordinance, or Statutes, University Ordinances of Regulations made thereunder shall, so far as may be, considered to refer to the corresponding provision of this Act or the Statutes, University Ordinances or Regulations made hereunder.", "name": "Repeal and Saving", "related_acts": "", "section_id": 68 }, { "act_id": 440, "details": "69. Upon the coming into force of this Act the existing Syndicate, Academic Council and all other Authority, Committees and bodies constituted under the repealed Ordinance shall continue to function until a new Syndicate, Academic Council and other Authorities, Committees and bodies are duly constituted under this Act, and all persons holding office under the repealed Ordinance shall continue to function till new appointments or nominations are made or elections are held according to this Act.", "name": "Interim arrangement", "related_acts": "", "section_id": 69 } ], "text": "An Act to repeal the Chittagong University Ordinance, 1966, and provide for reconstitution and reorganisation of the University of Chittagong. WHEREAS it is expedient to reconstitute and reorganise the University of Chittagong for the purpose of improving the teaching and research provided thereby and the administration thereof; It is hereby enacted as follows:-" }

{ "id": 441, "lower_text": [ "1 Clause (m) was substituted by section 5 of the University Laws (Amendment) Act, 1987 (Act No. XXXVI of 1987)", "2 Sub-section (4) was added by section 5 of the University Laws Amendment Act, 1980 (Act No. I of 1980)", "3 Sub-section (2) was substituted by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975)", "4 Section 13 was substituted by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975)", "5 The words “one or more Pro-Vice-Chancellors” were substituted for the words “a Pro-Vice-Chancellor” by section 2 of the Jahangirnagar University (Amendment) Act, 1999 (Act No. X of 1999)", "6 Section 13 was substituted by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975)", "7 The words “one or more Pro-Vice-Chancellors” were substituted for the words “a Pro-Vice-Chancellor” by section 2 of the Jahangirnagar University (Amendment) Act, 1999 (Act No. X of 1999)", "8 Clause (b) was substituted by section 4 of the Jahangirnagar University (Amendment) Act, 1999 (Act No. X of 1999)", "9 Clause (aa) was inserted by section 5 of the Jahangirnagar University (Amendment) Act, 1999 (Act No. X of 1999)", "10 Clause (aa) was inserted by section 6 of the Jahangirnagar University (Amendment) Act, 1999 (Act No. X of 1999)", "11 Clause (aa) was inserted by section 7 of the Jahangirnagar University (Amendment) Act, 1999 (Act No. X of 1999)", "12 The words and brackets “Director (Planning and Development)” were substituted for the words “Planning Development Officer” by section 5 of the University Laws (Amendment) Act, 1987 (Act No. XXXVI of 1987)", "13 Section 50 was substituted by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975)" ], "name": "The Jahangirnagar University Act, 1973", "num_of_sections": 56, "published_date": "8th October, 1973", "related_act": [ 441, 595, 509, 446 ], "repelled": false, "sections": [ { "act_id": 441, "details": "1. (1) This Act may be called the Jahangirnagar University Act, 1973. (2) It shall come into force at once and shall be deemed to have taken effect on the 16th day of December, 1972.", "name": "Short title and commencement", "related_acts": "441", "section_id": 1 }, { "act_id": 441, "details": "2. In this Act, and in all Statutes made hereunder, unless there is anything repugnant in the subject or context,- (a)\t“Academic Council” means the Academic Council of the University constituted under this Act; (b)\t“Authority” means any of the Authorities of the University hereinafter specified in this Act or the Statutes; (c)\t“Commission” means the University Grants Commission of Bangladesh constituted under the University Grants Commission of Bangladesh Order, 1973 (P.O. No. 10 of 1973); (d)\t“Hall” means a unit of residence for students of the University provided or maintained by the University for the corporate life and extra-curricular instructions of its students; (e)\t“Provost” means the head of a Hall;  (f)\t“Registered Graduate” means a graduate registered under the provisions of this Act; (g)\t“Senate” means the Senate of the University constituted under this Act; (h)\t“Statutes”, “University Ordinances” and “Regulations” mean respectively the Statutes, Ordinances and Regulations of the University for the time being in force; (i)\t“Syndicate” means the Syndicate of the University constituted under this Act; (j)\t“teachers” include Professors, Associate Professors, Assistant Professors and Lecturers of the University and any other person declared to be teacher by the University; (k)\t“University” means the Jahangirnagar University; (l)\t“Warden” means an officer so designated and appointed by the University for management and administration of the affairs of a house of a Hall under the guidance and control of the Provost; and (m)\t“year” means academic year beginning on the 1st day of July.", "name": "Definitions", "related_acts": "446", "section_id": 2 }, { "act_id": 441, "details": "3. (1) The Jahangirnagar Muslim University shall be reconstituted at Savar in the district of Dacca in accordance with the provisions of this Act and the Campus of the University shall comprise its present site and such other areas as the Government may, by notification in the official Gazette, declare. (2) The Chancellor and the Vice-Chancellor of the University and the members of the Senate, the Syndicate and the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office, or membership, shall constitute a body corporate by the name of the Jahangirnagar University. (3) The University shall have perpetual succession and common seal and shall sue and be sued by the said name.", "name": "The University", "related_acts": "", "section_id": 3 }, { "act_id": 441, "details": "4. The University shall be a residential one and shall exercise the powers conferred on it by or under this Act within the territorial limits of the University Campus.", "name": "Jurisdiction", "related_acts": "", "section_id": 4 }, { "act_id": 441, "details": "5. Subject to such conditions as may be prescribed by or under the provisions of this Act, the University shall have the following powers:- (a)\tto provide for instruction in such branches of learning, at Honours degree and post-Honours degree level, as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge; (b)\tto prescribe courses of studies to be taught by the University; (c)\tto hold examinations and grant and confer certificates, diplomas, degrees and other academic distinctions on persons who,- (i)\thave pursued a course of study provided for or prescribed by the University, or (ii)\thave carried on research under conditions laid down in the Statutes, or (iii)\thave carried on private study under conditions laid down in the Statutes; (d)\tto grant such diplomas to, and to provide such lectures and instructions for, persons not being students of the University as the University may determine; (e)\tto confer honorary degrees or other distinctions on approved persons in the manner as laid down in the Statutes; (f)\tto provide such lectures and instructions for, and to grant, under conditions laid down in the Statutes, such diplomas or certificates to, persons as the University may determine; (g)\tto co-operate with other Universities and authorities in such manner and for such purposes as the University may determine;  (h)\tto institute Professorships, Associate Professorships, Assistant Professorships, Lecturerships and any other teaching posts required by the University, and to appoint persons to such posts and such other teaching posts; (i)\tto institute and award Fellowships, Scholarships, Prizes, and Medals in accordance with the Statutes, University Ordinances and Regulations; (j)\tto demand and receive such fees as may be prescribed by the University Ordinances; (k)\tto set up and maintain academic museums, laboratories, schools and institutes for the development of teaching and research and to hold exhibitions; (l)\tto institute and maintain Halls for the residence of the students of the University; (m)\tto supervise and control the residence and discipline of the students of the University, to promote their extra-curricular activities and to make arrangements for promoting their health; and (n)\tto do all such other acts and things, whether incidental to the powers aforesaid or not, as may be required in order to further the objects of the University as teaching and examining body and to cultivate and promote arts, science and other branches of learning.", "name": "Powers of the University", "related_acts": "", "section_id": 5 }, { "act_id": 441, "details": "6. The University shall be open to all persons of either sex and of whatever religion, race, creed, or class.", "name": "University open to all classes and creeds", "related_acts": "", "section_id": 6 }, { "act_id": 441, "details": "7. (1) All recognised teaching in connection with the University courses shall be conducted by the University and shall include lectures and work in the laboratories or workshops and other teaching conducted by the teachers thereof in such manner as may be prescribed by the University Ordinances. (2) The Authorities responsible for organising such teaching shall be prescribed by the Statutes. (3) The courses and curricula shall be prescribed by the University Ordinances and the Regulations. (4) Recognised teaching shall be supplemented by tutorial instructions to be given in accordance with conditions as may be provided by the University Ordinances and Regulations.", "name": "Teaching of the University", "related_acts": "", "section_id": 7 }, { "act_id": 441, "details": "8. (1) The Commission shall have the right to cause an inspection to be made by such person or persons, as it may direct, of the University, its buildings, laboratories and equipment, and of any institutions associated with the University, and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the University. (2) The Commission shall in every case give notice to the University of its intention to cause an inspection or inquiry to be made and the University shall be entitled to be represented thereat. (3) The Commission shall communicate to the Syndicate its views with reference to the results of any such inspection or inquiry, and shall, after ascertaining the opinion of the Syndicate thereon, advise the University upon the action to be taken in that behalf. (4) The Syndicate shall report to the Commission the action, if any, which is proposed to be taken or has been taken upon the results of its inspection or inquiry.", "name": "Visitation", "related_acts": "", "section_id": 8 }, { "act_id": 441, "details": "9. The following shall be the officers of the University:- (a)\tthe Chancellor; (b)\tthe Vice-Chancellor; (c)\tthe Pro-Vice-Chancellor; (d)\tthe Treasurer; (e)\tthe Deans; (f)\tthe Registrar; (g)\tthe Director of Students Counselling and Guidance;  (h)\tthe Provosts; (i)\tthe Proctor; (j)\tthe Deputy Registrar (Academic); (k)\tthe Deputy Registrar (Administration); (l)\tthe University Engineer; 1(m) \tthe Director (Planning and Development); (n)\tthe Comptroller; (o)\tthe Librarian; and (p)\tsuch other officers as may be declared by the Statutes to be officers of the University.", "name": "Officers of the University", "related_acts": "", "section_id": 9 }, { "act_id": 441, "details": "10. (1) The President of the People's Republic of Bangladesh shall be the Chancellor of the University and shall preside at the convocation of the University for award of academic and honorary degrees, and in his absence the Vice-Chancellor shall preside at such convocations. (2) The Chancellor shall have such powers as may be conferred on him by this Act or the Statutes. (3) Every proposal for the conferment of an honorary degree shall be subject to the confirmation of the Chancellor. 2(4) The President may, if he thinks fit, direct that the powers of the Chancellor under this Act shall be exercised by such person as he may authorise in this behalf; and the powers exercised by the person so authorised shall be expressed to have been exercised in the name of the Chancellor.", "name": "The Chancellor", "related_acts": "", "section_id": 10 }, { "act_id": 441, "details": "11. (1) The Vice-Chancellor shall be appointed by the Chancellor for a period of four years from a panel of three persons to be nominated by the Senate on such terms and conditions as may be determined by the Chancellor, and shall be eligible for re-appointment for a further period of four years. 3(2) Where any temporary vacancy in the office of the Vice-Chancellor occurs by reason of leave, illness, resignation or any other cause, the Chancellor shall make such arrangement for carrying on duties of the office of the Vice-Chancellor as he may think fit.", "name": "The Vice-Chancellor", "related_acts": "", "section_id": 11 }, { "act_id": 441, "details": "12. (1) The Vice-Chancellor shall be a whole-time principal executive and academic officer of the University and shall be Chairman of the Senate, the Syndicate and the Academic Council. He shall be entitled to be present and to speak at any meeting of any Authority but, shall not be entitled to vote thereat unless he is a member of the Authority concerned. (2) The Vice-Chancellor shall convene meetings of the Senate, the Syndicate and the Academic Council and shall preside over them. (3) Notwithstanding any provision contained in this Act or in any law for the time being in force, the Vice-Chancellor may, in any emergency which, in his opinion, requires immediate action, take such action as he deems necessary, and shall within seven days thereafter report his action to the officer or Authority who or which, in the ordinary course, would have dealt with the matter. (4) The Vice-Chancellor shall, if he does not agree with the resolution of any Authority of the University, have the power to withhold implementation of the resolution and refer it back to the Authority concerned, with his opinion thereon, for reconsideration in its next regular meeting. If, in the process of reconsideration, the Authority concerned does not agree with the Vice-Chancellor, the decision of the Syndicate shall be final. (5) The Vice-Chancellor shall give effect to the orders of the Syndicate regarding the appointment, dismissal and suspension of the officers and teachers of the University, and shall exercise general control over the members of the University, and shall be responsible for the discipline of the University in accordance with this Act, the Statutes and University Ordinances. (6) The Vice-Chancellor shall have the power to appoint, on a purely temporary basis, ordinarily for a period of not more than six months, officers (excepting the Pro-Vice-Chancellor and the Treasurer), teachers and administrative and subordinate staff and report such action to the Syndicate. (7) The Vice-Chancellor may, with the approval of the Syndicate, delegate such of his powers and functions as he may consider necessary to such officer of the University as he may deem fit. (8) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes, University Ordinances and Regulations.", "name": "Powers and duties of the Vice-Chancellor", "related_acts": "", "section_id": 12 }, { "act_id": 441, "details": "413. (1) The Chancellor may, if he deems fit so to do, appoint 5one 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 Ordinances.", "name": "Pro-Vice-Chancellor", "related_acts": "", "section_id": 13 }, { "act_id": 441, "details": "14. (1) The Treasurer shall be appointed by the Chancellor upon such conditions and for such period, and shall receive such remuneration from the funds of the University, as the Chancellor may determine. (2) Where any temporary vacancy in the office of the Treasurer occurs by reason of leave, illness or other cause, the Syndicate shall forthwith report the same to the Chancellor who shall make such arrangements for carrying on the office of the Treasurer as he may think fit. (3) The Treasurer shall exercise general supervision over the funds of the University, and shall advise in regard to its financial policy. (4) The Treasurer shall, subject to the control of the Syndicate, manage the property and investments of the University; and shall be responsible for the presentation of the annual budget estimates and statement of accounts. (5) Subject to the powers of the Syndicate, it shall be responsibility of the Treasurer to see that all monies are expended on the purpose for which they are granted or allotted. (6) All contracts shall be signed by the Treasurer on behalf of the University. (7) The Treasurer shall exercise such other powers as may be prescribed by the Statutes and the University Ordinances.", "name": "The Treasurer", "related_acts": "", "section_id": 14 }, { "act_id": 441, "details": "15. Officers of the University, the manner of whose appointment has not been provided elsewhere in this Act, shall be appointed by the Syndicate in such manner as may be prescribed by the Statutes.", "name": "Appointment of other officers", "related_acts": "", "section_id": 15 }, { "act_id": 441, "details": "16. The Registrar shall act as Secretary of the Senate, the Syndicate and the Academic Council. He shall maintain a register of Registered Graduates in accordance with the Statutes and shall exercise such other powers as may be prescribed by the Statutes and the University Ordinances.", "name": "The Registrar", "related_acts": "", "section_id": 16 }, { "act_id": 441, "details": "17. The duties and powers of the other officers of the University shall be prescribed by the Statutes, the University Ordinances and Regulations.", "name": "The duties and powers of other officers", "related_acts": "", "section_id": 17 }, { "act_id": 441, "details": "18. The following shall be the Authorities of the University:- (a)\tthe Senate; (b)\tthe Syndicate; (c)\tthe Academic Council; (d)\tthe Faculties; (e)\tthe Committees of Courses; (f)\tthe Boards of Advanced Studies; (g)\tthe Finance Committee; (h)\tthe Planning and Development Committee; (i)\tthe Selection Boards; and (j)\tsuch other Authorities as may be declared by the Statutes to be Authorities of the University.", "name": "Authorities of the University", "related_acts": "", "section_id": 18 }, { "act_id": 441, "details": "19. (1) The Senate shall consist of the following persons:- (a) \tthe Vice-Chancellor; 6 7(b) \tthe Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors; (bb) \tthe Treasurer; (c)\tfive Government officials to be nominated by the Government; (d)\tfive Members of Parliament to be nominated by the Speaker; (e)\tfive distinguished educationists to be nominated by the Chancellor; (f)\tfive representatives of research bodies to be nominated by the Syndicate;  (g)\tfive Principals of colleges to be nominated by the Academic Council; (h)\tthe Chairman of the Board of Intermediate and Secondary Education, Dacca; (i)\ttwenty-five representatives of Registered Graduates to be elected by such graduates from among themselves; (j)\tthirty-three representatives of teachers of the University other than Deans to be elected in a special meeting of the teachers of the University; and (k)\tfive representatives of the students to be nominated by the University Central Students Union. (2) The members of the Senate, other than the student members, shall hold office for a period of three years and the student members shall hold office for a period of one year. The members will continue in office till their successors having been elected, nominated or appointed, enter upon the office: Provided that the Members of Parliament, the Government officials, the Principals of the Colleges, Registered Graduates, teachers of the University and representatives of research bodies shall hold office so long as they continue to be a Member of Parliament, Government official, Principal of a College, Registered Graduate, teacher of the University or associated with any research body: Provided further that the student members shall lose membership if they cease to be students of the University. (3) The election of members of the Senate shall be held in such manner as may be prescribed by the Statutes.", "name": "The Senate", "related_acts": "", "section_id": 19 }, { "act_id": 441, "details": "20. (1) The Senate shall, on a date to be fixed by the Vice-Chancellor, meet at least once in a year at a meeting to be called the annual meeting of the Senate. (2) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than thirty members of the Senate, convene a special meeting of the Senate.", "name": "Meeting", "related_acts": "", "section_id": 20 }, { "act_id": 441, "details": "21. Subject to the provisions of this Act, the Senate shall- (a)\tamend and ratify the Statutes on the proposals of the Syndicate; (b)\tconsider and pass resolutions on the annual report, the annual accounts and the financial estimates presented by the Syndicate; and (c)\texercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes.", "name": "Powers and duties of the Senate", "related_acts": "", "section_id": 21 }, { "act_id": 441, "details": "22. (1) The Syndicate shall consist of the following persons, namely:- (a)\tthe Vice-Chancellor; 8(b) \tthe Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors; (c)\tthe Treasurer; (d)\ttwo Principals of Colleges to be nominated by the Academic Council; (e)\tsix teachers of the University to be elected by such teachers from among themselves; (f)\ttwo representatives of the Senate to be nominated by the Senate; (g)\ttwo persons to be nominated by the Chancellor; (h)\ttwo Government officials, not below the rank of Secretary, to be nominated by the Ministry of Education, Cultural Affairs and Sports; and (i)\tone distinguished citizen to be nominated by the Senate from outside its membership. (2) The elections of members of the Syndicate shall be held in such manner as may be prescribed by the Statutes: Provided that the teachers of the University to be elected under clause (e) of sub-section (1), one shall be elected from each of the following categories, namely:- (i)\tDeans; (ii)\tProvosts; (iii)\tProfessors; (iv)\tAssociate Professors; (v)\tAssistant Professors; and (vi)\tLecturers. (3) The members of the Syndicate shall hold office for a term of two years, but shall continue in office till their successors having been elected or nominated enter upon the office: Provided that the Principals of Colleges, teachers of the University, representatives of the Senate and Government nominee shall hold office so long as they continue to be such Principals, teachers, members and officials.", "name": "The Syndicate", "related_acts": "", "section_id": 22 }, { "act_id": 441, "details": "23. (1) The Syndicate shall be the Chief Executive Body of the University, and, subject to the provisions of this Act and the powers conferred on the Vice-Chancellor, the Syndicate, shall have the general management and superintendence over the affairs, concerns and properties of the University and shall see that the provisions of this Act, Statutes, University Ordinances and Regulations, for the time being in force, are observed. (2) In particular and without prejudice to the generality of powers to be exercised under sub-section (1) the Syndicate shall- (a)\tacquire, hold, control and administer the property and funds of the University, and shall, from time to time, obtain advice from the Finance Committee on financial matters;  (b)\tdetermine the form of the common seal of the University, the Authority in whose custody it shall be kept and the manner in which it shall be used; (c)\tregulate and determine, subject to the powers conferred by this Act on the Vice-Chancellor, all matters concerning the University in accordance with this Act, the Statutes and the University Ordinances: Provided that no action shall be taken by the Syndicate in respect of the fees paid to examiners and emoluments of teachers without consulting the Academic Council; (d)\tlay before the Commission annually a full statement of all the bequests received by it and the financial requirements of the University; (e)\tadminister any funds placed at the disposal of the University for specific purposes; (f)\tappoint, save as otherwise provided by this Act or the Statutes, the officers, teachers, clerical and other staff of the University, and define their duties and conditions of service, and fill temporary vacancies in their posts; (g)\tmake, amend or repeal the Statutes subject to the approval of the Senate; (h)\tframe the University Ordinances subject to the provisions of this Act and the Statutes; (i)\taccept bequests, donations and transfer of any movable or immovable property on behalf of the University; (j)\tarrange for the holding of, and publish the results of, the University examinations; (k)\tinstitute Professorship, Associate Professorship, Assistant Professorship or Lecturership or other teaching posts in accordance with the Statutes and recommendation of the Academic Council; (l)\tdelegate, subject to such conditions as may be prescribed by regulations, its power to appoint clerical and other staff of the University to such person or Authority as it may determine;  (m)\texercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or the Statutes; and (n)\texercise all other powers of the University not otherwise provided for by this Act or the Statutes. (3) To constitute a quorum at a meeting of the Syndicate at least one-third of the total number of members shall be present.", "name": "Powers and duties of the Syndicate", "related_acts": "", "section_id": 23 }, { "act_id": 441, "details": "24. The Academic Council shall be the principal academic body of the University, and shall, subject to the provisions of this Act, the Statutes and the University Ordinances, have the control and general supervision over, and be responsible for maintenance of standards of, instruction, education and examination within the University, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes. It shall have the right to advise the Syndicate on all academic matters.", "name": "Academic Council", "related_acts": "", "section_id": 24 }, { "act_id": 441, "details": "25. (1) The Academic Council shall consist of the following persons:- Ex-officio members: (a)\tthe Vice-Chancellor; 9(aa) \tthe Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors; (b)\tthe Deans of the Faculties; (c)\tthe Professors and the Heads of Departments; (d)\tthe Librarian of the University; Nominated members: (e)\tnot more than ten members, to be nominated by the Chancellor, so as to make the Academic Council representative of the various educational interests; and  Elected members: (f)\tthree Associate Professors other than Heads of Departments or Deans and three teachers below the rank of Associate Professor other than Heads of Departments to be elected by the teachers themselves. (2) Members other than ex-officio members shall hold office for a period of two years and shall continue in office until their successors having been nominated or elected enter upon the office: Provided that the Associate Professors, Assistant Professors, Lecturers or teachers, nominated or elected as such shall hold office so long as they continue to be such Associate Professors, Assistant Professors, Lecturers or teachers.", "name": "Constitution of the Academic Council", "related_acts": "", "section_id": 25 }, { "act_id": 441, "details": "26. (1) The University may include the Faculties of Arts and Humanities, Social Sciences, Mathematical and Physical Sciences, Biological Sciences, Earth and Environmental Sciences and may divide or combine existing Faculties and create new Faculties in the manner as may be prescribed by the Statutes. (2) Each Faculty shall, subject to the control of the Academic Council, have charge of the teaching and the courses of studies and the research work in such subjects as may be assigned to such Faculty by the University Ordinances. (3) The constitution and powers of the Faculties shall be prescribed by the Statutes. (4) There shall be a Dean of each Faculty, who shall, subject to the control and general supervision of the Vice-Chancellor, be responsible for the due observance of the Statutes, University Ordinances and Regulations relating to the Faculty. He shall receive, in respect of his duties as Dean, such additional remuneration as may be fixed by the Syndicate. (5) The Dean of a Faculty shall be elected from among the Professors and Associate Professors by all teachers belonging to the Departments within the Faculty and shall hold Office for two academic years. (6) All academic matters shall go to the Academic Council through the Faculties.", "name": "The Faculties", "related_acts": "", "section_id": 26 }, { "act_id": 441, "details": "27. The Head of every teaching Department shall be called the Chairman who shall be appointed in such manner as may be prescribed by the Statutes.", "name": "Appointment of the Head of Department", "related_acts": "", "section_id": 27 }, { "act_id": 441, "details": "28. For each subject or group of subjects, there shall be a Committee of Courses which shall be responsible for preparation of Courses and syllabuses and such other work as may be assigned to it under the Statutes and University Ordinances.", "name": "Committees of Courses", "related_acts": "", "section_id": 28 }, { "act_id": 441, "details": "29. There shall be Boards of Advanced Studies, for organising post-graduate studies in the University, which shall be constituted in such manner as may be prescribed by the Statutes.", "name": "Boards of Advanced Studies", "related_acts": "", "section_id": 29 }, { "act_id": 441, "details": "30. (1) The Finance Committee shall consist of the following persons:- (a) \tthe Vice-Chancellor; 10(aa) \tthe Pro-Vice-Chancellor or, if there is more than one, the Pro-Vice-Chancellor to be nominated by the Chancellor; (b)\tthe Treasurer; (c)\tone person to be nominated by the Syndicate; (d)\tone Dean to be nominated by the Academic Council; (e)\tone teacher of the University to be elected by the teachers thereof from among themselves; (f)\tone person to be nominated by the Senate; and (g)\ttwo experts in the field of finance to be nominated by the Syndicate. (2) The Treasurer of the University shall be the Chairman of the Finance Committee. (3) The Comptroller of the University shall be the Secretary of the Finance Committee. (4) The Finance Committee shall- (a)\tsupervise the income and expenditure of the University; (b)\tadvise the Syndicate on all matters relating to accounts, property and funds of the University; (c)\tperform such other functions as may be prescribed by the Statutes.", "name": "Finance Committee", "related_acts": "", "section_id": 30 }, { "act_id": 441, "details": "31. (1) The Planning and Development Committee shall consist of the following persons:- (a)\tthe Vice-Chancellor; 11(aa) \tthe Pro-Vice-Chancellor or, if there is more than one, the Pro-Vice-Chancellor to be nominated by the Chancellor; (b)\tthe Treasurer; (c)\tfour Deans of the Faculties by rotation; (d)\tone architect, one engineer and one expert in the field of finance to be nominated by the Syndicate. (2) The 12Director (Planning and Development) of the University shall be the Member-Secretary of the Planning and Development Committee. (3) The functions of the Planning and Development Committee shall be such as may be prescribed by the Statutes.", "name": "Planning and Development Committee", "related_acts": "", "section_id": 31 }, { "act_id": 441, "details": "32. (1) There shall be Selection Boards for recommending the appointment of Professors, Associate Professors, Assistant Professors, Lecturers and other teachers of the University in various subjects. (2) The constitution and functions of the Selection Boards shall be such as may be prescribed by the Statutes.", "name": "Selection Boards", "related_acts": "", "section_id": 32 }, { "act_id": 441, "details": "33. The constitution, powers and duties of such other Authorities as may be declared by the Statutes to be Authorities of the University shall be prescribed by the Statutes.", "name": "Other Authorities of the University", "related_acts": "", "section_id": 33 }, { "act_id": 441, "details": "34. The constitution, powers and duties of the Discipline Board and of all other Boards of the University shall be prescribed by the University Ordinances.", "name": "Constitution etc. of Board", "related_acts": "", "section_id": 34 }, { "act_id": 441, "details": "35. Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:- (a)\tthe conferment of honorary degrees; (b)\tthe institution of Fellowships, Scholarships, Exhibitions and prizes; (c)\tthe designations, powers, duties and conditions of service of teachers and officers; (d)\tthe constitution, powers and duties of the Authorities of the University; (e)\tthe setting up and maintenance of academic museums, schools, institutes and holding of exhibitions for the development of teaching and research and administration and management thereof; (f)\tthe institution and maintenance of Halls; (g)\tthe mode of selection and appointment of Professors, Associate Professors, Assistant Professors, Lecturers and other teachers of the University; (h)\tthe constitution of pension, group insurance, benevolent fund and provident fund for the benefit of officers, teachers, clerical staff and other employees of the University;  (i)\tthe maintenance of a register of Registered Graduates; and (j)\tall other matters which, under this Act, are to be or may be prescribed by the Statutes.", "name": "Statutes", "related_acts": "", "section_id": 35 }, { "act_id": 441, "details": "36. (1) The First Statutes of the University shall be those set out in the Schedule. (2) The Statutes may be amended, repealed or added to by Statutes made by the Syndicate in the manner stated hereinafter. (3) All Statutes, as made by the Syndicate, shall be submitted to the Senate for ratification. (4) The Senate may, on receipt of the proposal of Statutes, return it to the Syndicate with the suggestion that the Statutes or a particular provision of the Statutes be reconsidered and that any amendments specified in the suggestion be considered but if the Syndicate again submits the proposal of Statutes with or without the suggested amendments to the Senate, it shall be deemed to have been ratified unless rejected by the two-thirds of the total number of members of the Senate: Provided that the Statutes relating to the service conditions of teachers, officers and other employees of the University shall be presented to the Senate but shall not require its ratification. (5) A Statute proposed by the Syndicate shall have no validity until it has been ratified or deemed to have been ratified by the Senate. (6) Save as otherwise provided, the Syndicate shall not propose any Statute affecting the status, powers or constitution of any Authority of the University until such Authority has been given an opportunity of expressing an opinion upon the proposal. Any opinion so expressed shall be in writing and shall be considered by the Syndicate and shall be submitted to the Senate together with the draft of the proposed Statutes.", "name": "Framing of Statutes", "related_acts": "", "section_id": 36 }, { "act_id": 441, "details": "37. Subject to the provisions of this Act and the Statutes, the University Ordinances may provide for all or any of the following matters, namely:- (a)\tthe courses of study to be laid down for all degrees, certificates and diplomas of the University; (b)\tthe manner in which lecturing work in the laboratories or workshops and other teaching shall be conducted; (c)\tthe condition in accordance with which the tutorial instructions shall be given; (d)\tthe conditions under which students shall be admitted to the degree, certificate or diploma courses and to the examinations of the University; and shall be eligible for degrees, certificates and diplomas; (e)\tthe admission of students to the University; (f)\tthe terms and conditions of residence of the students of the University; (g)\tthe fees to be charged for courses of studies in the University and for admission to the Halls, the examinations, degrees, certificates and diplomas of the University; (h)\tthe constitution, powers and duties of the various standing committees of the University; (i)\tthe formation of departments of teaching in the Faculties; (j)\tthe conduct of examinations; and (k)\tall matters which under this Act or the Statutes are to be or may be provided for by the University Ordinances.", "name": "University Ordinances", "related_acts": "", "section_id": 37 }, { "act_id": 441, "details": "38. (1) The University Ordinances shall be made by the Syndicate: Provided that no University Ordinance shall be made- (a)\taffecting the admission of students, or prescribing examinations to be recognised as equivalent to the University examinations or the further qualifications mentioned in sub-section (2) of section 42 for admission to the degree courses of the University, unless a draft of the same has been proposed by the Academic Council, or (b)\taffecting the conduct or standard of examinations or any course of study, unless a draft of such University Ordinance has been proposed by the Academic Council in accordance with a proposal of the Faculty concerned. (2) The Syndicate shall not have power to amend any draft proposed by the Academic Council under sub-section (1), but may reject it or return it to the Academic Council for reconsideration either in whole or in part together with any amendments which the Syndicate may suggest. (3) Where the Syndicate has rejected the draft of a University Ordinance proposed by the Academic Council, the Academic Council may submit the same draft to the Syndicate on the expiry of six months from the date it is first proposed.", "name": "Framing of University Ordinances", "related_acts": "", "section_id": 38 }, { "act_id": 441, "details": "39. (1) The Authorities of the University may make Regulations consistent with this Act, the Statutes, and the University Ordinances- (a)\tlaying down the procedure to be observed at their meeting and the number of members required to form a quorum; (b)\tproviding for all matter which under this Act, the Statutes or the University Ordinances, are to be prescribed by Regulations; (c)\tproviding for all other matters solely concerning such Authorities not provided for by this Act, the Statutes or 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 considered at meetings and for the keeping of a record of the proceedings of meetings. (3) The Syndicate may direct the amendment, in such manner as it may specify, of any Regulation made under this section or the annulment of any Regulation made under sub-section (1): Provided that any Authority of the University which is dissatisfied with any such direction may prefer an appeal to the Chancellor, whose decision in the matter shall be final.", "name": "Regulations", "related_acts": "", "section_id": 39 }, { "act_id": 441, "details": "40. Every student of the University shall reside in a Hall of the University unless specially permitted to stay elsewhere within the campus by the Syndicate for any special reason.", "name": "Residence", "related_acts": "", "section_id": 40 }, { "act_id": 441, "details": "41. Halls of the University shall be such as may be prescribed by the Statutes.", "name": "Halls", "related_acts": "", "section_id": 41 }, { "act_id": 441, "details": "42. (1) Admission of students to the University in Honours Courses and Higher Degrees shall be made by an Admission Committee appointed for that purpose by the Academic Council. (2) Students shall not be eligible for admission to a course of study for a degree in the University unless they have passed the Intermediate Examination or the Higher Secondary Education, Bangladesh or any other Authority incorporated by any law for the time being in force in Bangladesh or an examination recognised under the Statutes as equivalent thereto, and possess such further qualifications as may be prescribed by the University Ordinances. (3) The conditions under which students may be admitted to the diploma courses of the University shall be prescribed by the University Ordinances. (4) The University may admit a student from a foreign country to any of the courses of study if the Academic Council is satisfied that his or her qualifications are equivalent to those required for admission to the course.", "name": "Admission to University Courses", "related_acts": "", "section_id": 42 }, { "act_id": 441, "details": "43. (1) All arrangements for the conduct of examinations shall be made by the Departments concerned in such manner as may be prescribed by the University Ordinances and all examiners shall be appointed by the Academic Council in such manner as may be prescribed by this Act and the University Ordinances. (2) If during the course of an examination any examiner is, for any cause, incapable of acting as such, the Vice-Chancellor shall appoint an examiner to fill the vacancy. (3) At least one examiner who is not a member of the University shall be appointed for each subject included in a department of teaching and forming part of the course which is required for a University Degree. (4) The Academic Council shall appoint Examination Committees consisting of members of its own body or of other persons or of both, as it thinks fit, to moderate examination questions, to prepare the results of the examinations and to report such results to the Syndicate for publication.", "name": "Examinations", "related_acts": "", "section_id": 43 }, { "act_id": 441, "details": "44. (1) Every salaried teacher and officer of the University shall be appointed on a written contract which shall be lodged with the Registrar of the University, and a copy of the contract shall be furnished to the teacher or officer concerned. (2) The service conditions shall be determined without any prejudice to the freedom of the teacher or officer to hold any political views and to keep association with any lawful organisation outside the University and shall be clearly stated in the contract: Provided that if a teacher or other salaried employee of the University seeks election as a Member of Parliament, he shall before the date for filing of nominations, resign from the service of the University. (3) A teacher or officer of the University may be dismissed only on grounds of moral turpitude, misconduct or inefficiency, but no such teacher or officer shall be dismissed unless an enquiry into the charges of moral turpitude or inefficiency is held by an Enquiry Committee on which the teacher or the officer may be represented by a person nominated by him.", "name": "Conditions of services", "related_acts": "", "section_id": 44 }, { "act_id": 441, "details": "45. The Annual report of the University shall be prepared under the direction of the Syndicate and shall be submitted to the Chancellor on or before the 31st January of the following academic session.", "name": "Annual Report", "related_acts": "", "section_id": 45 }, { "act_id": 441, "details": "46. (1) The annual accounts and the balance-sheet of receipts and expenditure of the University shall be prepared under the direction of the Syndicate and shall be submitted to the Commission for the purposes of audit. (2) The accounts together with copies of the audit report shall be submitted to the Commission.", "name": "Annual Accounts", "related_acts": "", "section_id": 46 }, { "act_id": 441, "details": "47. If, in the absence of any clear provisions in this Act, the Statutes or the University Ordinances, any question arises as to whether any person is entitled to be a member of any Authority or of any other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.", "name": "Disputes to the Constitution of Authorities and bodies", "related_acts": "", "section_id": 47 }, { "act_id": 441, "details": "48. Where any Authority of the University is authorised by this Act or the Statutes to appoint a Committee, such Committee shall, unless otherwise provided, consist of one or more members of the Authority concerned and of such other persons, if any, as the Authority in each case may determine.", "name": "Constitution of Committees", "related_acts": "", "section_id": 48 }, { "act_id": 441, "details": "49. All casual vacancies in the office of the members, other than ex-officio members of any Authority or any other body of the University, shall be filled, as soon as may be, by the person or body who nominated or elected the members whose place has become vacant, and the person nominated or elected 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": 49 }, { "act_id": 441, "details": "1350. No act or proceedings of any Authority or other body of the University shall be invalid or be called in question merely on the ground of the existence of any vacancy in such Authority or body, or of the failure or defect in making or holding any appointment, nomination or election to, or of any other defect in the formation of, such Authority or body.", "name": "Validity of proceedings, etc", "related_acts": "", "section_id": 50 }, { "act_id": 441, "details": "51. (1) An appeal against the order of any officer or Authority of the University affecting any person or class of persons in the University may be made by petition to the Chancellor who shall, send a copy on receipt of the petition thereof to the officer or Authority concerned, and shall give such officer or Authority an opportunity to show cause why the appeal should not be entertained. (2) The Chancellor may reject any such appeal or may, if he thinks fit, appoint an Enquiry Commission consisting of such person as are not officers of the University or members of any Authority thereof, to inquire into the matter and to submit to him a report thereon. (3) The Chancellor shall, on receipt of the Enquiry Commission's report, send a copy thereof to the Syndicate and the Syndicate shall take the report into consideration and shall, within three months of the receipt thereof, pass a resolution thereon which shall be communicated to the Chancellor who shall then take such action on the report of the Enquiry Commission and resolution of the Syndicate as he may think fit. (4) An Enquiry Commission appointed under sub-section (2) may require any officer or Authority of the University to furnish it with such papers or information as are, in the opinion of the Enquiry Commission, relevant to the matter under inquiry, and such officer or Authority shall be bound to comply with such requisition.", "name": "Appeal to Chancellor", "related_acts": "", "section_id": 51 }, { "act_id": 441, "details": "52. The University shall, in such manner and subject to such conditions as may be prescribed by the Statutes, constitute for the benefit of its officers, teachers, clerical staff and other employees, such pension, group insurance, benevolent fund, provident fund or gratuity as it may deem fit.", "name": "Pension and Provident Fund", "related_acts": "", "section_id": 52 }, { "act_id": 441, "details": "53. The Commission shall contribute annually to the University such sum of money as may be determined by them.", "name": "Contribution", "related_acts": "", "section_id": 53 }, { "act_id": 441, "details": "54. (1) The Jahangirnagar Muslim University Ordinance, 1970 (E.P. Ord. No XXI of 1970), is hereby repealed. (2) Notwithstanding the aforesaid repeal, anything done, action taken, obligation or liability incurred, rights and assets acquired, person appointed or authorised, jurisdiction or power conferred, endowment, bequest, fund or trust created, donations and grant made, scholarship, studentship or exhibition instituted, affiliation granted and orders issued under any of the provisions of the said Ordinance, or Statutes, University Ordinances, and Regulations made thereunder, so far as they are not inconsistent with the provisions of this Act or Statutes, University Ordinances and Regulations made hereunder, shall be continued and, so far as may be, deemed to have been respectively done, taken, incurred, acquired, appointed, authorised, conferred, created, made, instituted, granted or issued under this Act or the Statutes, University Ordinances or Regulations made hereunder and any document referring to any of the provisions of the said Ordinance, or Statutes, University Ordinances or Regulations made thereunder shall, so far as may be, considered to refer to the corresponding provisions of this Act or the Statutes, University Ordinances or Regulations made hereunder.", "name": "Repeal and saving", "related_acts": "", "section_id": 54 }, { "act_id": 441, "details": "55. Upon the coming into force of this Act, the existing Syndicate, Academic Council and all other Authorities, committees and bodies constituted under the repealed Ordinance shall continue to function until a new Syndicate, Academic Council and other Authorities, committees and bodies are duly constituted under this Act, and all persons holding office under the repealed Ordinance shall continue to function till new appointments or nominations are made or elections are held according to this Act.", "name": "Interim arrangement", "related_acts": "", "section_id": 55 }, { "act_id": 441, "details": "56. If any difficulty arises with respect to the functioning of the University or in connection with the first meeting of any Authority of the University or otherwise in first giving effect to the provisions of this Act, the Chancellor may, at any time before all the Authorities of the University have been constituted, by order make any appointment or do anything, consistent, so far as may be, with the provisions of this Act and the Statutes, which appears to him necessary or expedient for the purpose of removing the difficulty; and every such order shall have the effect as if such appointment or action has been made or taken in the manner provided in this Act: Provided that before making any such order or taking any such action, the Chancellor shall ascertain and consider the opinion of the Vice-Chancellor.", "name": "Removal of difficulty", "related_acts": "", "section_id": 56 } ], "text": "An Act to repeal the Jahangirnagar Muslim University Ordinance, 1970 and to provide for reconstitution and reorganisation of the Jahangirnagar Muslim University WHEREAS it is expedient to reconstitute and reorganise the Jahangirnagar Muslim University for the purpose of improving the teaching and research provided thereby and the administration thereof; It is hereby enacted as follows:-" }

{ "id": 442, "lower_text": [ "1 Sub-clause (dd) was inserted by section 59(a) of the ফাইনান্সিয়াল রিপোর্টিং আইন, ২০১৫ (২০১৫ সনের ১৬ নং আইন)।", "2 The words “two thousand” were substituted for the words “five hundred” by section 2 of the Bangladesh Chartered Accountants (Amendment) Act, 1990 (Act No. XL of 1990)", "3 Clause (3) was substituted by section 2 of the Bangladesh Chartered Accountants (Amendment) Ordinance, 1977 (Ordinance No. LIV of 1977)", "4 The words “A person who has completed five years as an associate” were substituted for the words and commas “A person who has completed ten years as an associate, whether or not he has been in practice during that period, or a person who, being an associate, has completed five years of practice,” by section 2 of the Bangladesh Chartered Accountants (Amendment) Ordinance, 1986 (Ordinance No. IX of 1986)", "5 Explanation II was omitted by section 2 of the Bangladesh Chartered Accountants (Amendment) Ordinance, 1986 (Ordinance No. IX of 1986)", "6 Article 8A was inserted by section 59(b) of the ফাইনান্সিয়াল রিপোর্টিং আইন, ২০১৫ (২০১৫ সনের ১৬ নং আইন)।", "7 Semi-colon (;) was substituted for the full-stop (.) and thereafter sub-clause (vii) was added by section 59(c) of the ফাইনান্সিয়াল রিপোর্টিং আইন, ২০১৫ (২০১৫ সনের ১৬ নং আইন)।", "8 Article 13A was inserted by section 59(d) of the ফাইনান্সিয়াল রিপোর্টিং আইন, ২০১৫ (২০১৫ সনের ১৬ নং আইন)।", "9 The words “to the Government and to each member” were substituted for the words “to each member” by section 3 of the Bangladesh Chartered Accountants (Amendment) Act, 1990 (Act No. XL of 1990)", "10 The words “and to the approval of the Government” were omitted by section 3 of the Bangladesh Chartered Accountants (Amendment) Act, 1990 (Act No. XL of 1990)" ], "name": "The Bangladesh Chartered Accountants Order, 1973 (President's Order)", "num_of_sections": 37, "published_date": "6th January, 1973", "related_act": [ 306 ], "repelled": false, "sections": [ { "act_id": 442, "details": "1. (1) This Order may be called the Bangladesh Chartered Accountants Order, 1973. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "", "related_acts": "", "section_id": 1 }, { "act_id": 442, "details": "2. (1) In this Order, 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“existing chartered accountant” means any person who has been enrolled on the Register of Members maintained by the Institute of Chartered Accountants of Pakistan under the Chartered Accountants Ordinance, 1961 (Ord. No. X of 1961);  1(dd) “Financial Reporting Council (FRC)” means the Financial Reporting Council established under section 3 of the Financial Reporting Act, 2015; (e) \t“Government” means the Government of the People's Republic of Bangladesh; (f) \t“Institute” means the Institute of Chartered Accountants of Bangladesh constituted under this Order;  (g) \t“prescribed” means prescribed by the bye-laws of the Institute; (h) \t“Register” means the Register of the Members of the Institute maintained under this Order; and (i) \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 procedures, costing techniques or the recording, presentation or certification of financial facts or data; or (iv)\trenders professional services or assistance in or about matters of accounting methods, systems and techniques involving forecasting, planning, organising, motivating, co-ordinating, controlling and communicating which, assist management in its task of formulating policies, programmes, management systems and procedures for maintaining or improving efficiency (such professional services or assistance hereinafter termed as “management consultancy services”); or (v)\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 salaried employee of a chartered accountant in practice or a firm of such chartered accountant shall, notwithstanding such employment, be deemed to be in practice for the limited purpose of the training of articled students.", "name": "", "related_acts": "306", "section_id": 2 }, { "act_id": 442, "details": "3. (1) All persons whose names are entered in the Register at the commencement of this Order and all persons who may hereafter have their names entered in the Register under the provisions of this Order, 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": "", "related_acts": "", "section_id": 3 }, { "act_id": 442, "details": "4. (1) Any of the following persons shall be entitled to have his name entered in the Register, namely,- (i)\tany person, being a citizen of Bangladesh, who is an existing chartered accountant at the commencement of this Order; (ii)\tany 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 of such Institute of Accountancy and admitted as member of that Institute as may be recognised by the Council as being equivalent to the examination and training prescribed for members of the Institute: Provided that in the case of any such person who is not a citizen of, or permanently residing in, Bangladesh, the Council may impose such further conditions as it may deem fit; (iv)\t(a) \tany person, being a citizen of Bangladesh, who at the commencement of this Order has passed such other examination and completed such other training outside Bangladesh of such Institute of Accountancy and admitted as member of that Institute: Provided that any such examination or training of such Institute of Accountancy was recognised before the commencement of this Order for the purpose of conferring the right to be registered as a member under the Chartered Accountants Ordinance, 1961 (Ord. No. X of 1961); (b) \tany person, being a citizen of Bangladesh, who at the commencement of this Order is studying for any foreign examination and is at the same time undergoing training, whether within or outside Bangladesh, of such Institute of Accountancy, or who having passed such foreign examination of such Institute of Accountancy is at the commencement of this Order undergoing training whether within or outside Bangladesh: Provided that any such examination or training of such Institute of Accountancy was recognised before the commencement of this Order for the purpose of conferring the right to be registered as a member under the Chartered Accountants Ordinance, 1961 (Ord. No. X of 1961): Provided further that such person passes the examination and completes the training and is admitted as a member of that Institute of Accountancy; (v) any person, being a citizen of Bangladesh, who has passed the final examination held under the Auditor's Certificate Rules, 1950, or the Chartered Accountants Ordinance, 1961 (Ord. No. X of 1961), at any time before the 25th day of March, 1971. (2) The name of every person belonging to the class mentioned in sub-clause (i) of clause (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 clause (1) of Article 3, be deemed to have been so entered at the commencement of this Order. (3) Every person belonging to any of the classes mentioned in sub-clauses (ii), (iii), (iv) and (v) of clause (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 Taka 2two thousand in any case. (4) The Council shall take such steps as may be necessary for the purpose of having the names of all persons belonging to the class mentioned in sub-clause (i) of clause (1) entered in the Register.", "name": "", "related_acts": "306,306,306", "section_id": 4 }, { "act_id": 442, "details": "5. (1) Notwithstanding anything contained in this Order, or any other law for the time being in force, the enrolment of all persons as member of the Institute made, and all examinations held in the territories now comprising Bangladesh for such enrolment, during the period from the 26th day of March, 1971 to the 16th day of December, 1971, shall stand cancelled. (2) A person whose enrolment is cancelled under clause (1), shall be eligible for fresh enrolment in accordance with the provisions of this Order. (3) A person who passed any examination which is cancelled under clause (1), may appear at such fresh examination as the Council may held for them. (4) Notwithstanding the cancellation of enrolment of a person as a member of the Institute under clause (1), all actions taken by such person as a member of the Institute before such cancellation shall be deemed to be valid.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 442, "details": "6. (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. 3(3) 4A person who has completed five years as an associate shall, on payment of the prescribed fee, become a fellow and his name shall be entered in the Register, and such person shall be entitled to use the letters F.C.A. after his name to indicate that he is a fellow of the Institute. Explanation I.- For the purpose of computing any period as an associate under this clause, there shall be included any period during which a person has been an associate of the Institute of Chartered Accountants of Pakistan constituted under the Chartered Accountants Ordinance, 1961 (X of 1961). 5* * *", "name": "", "related_acts": "306", "section_id": 6 }, { "act_id": 442, "details": "7. (1) No member of the Institute shall be entitled to practice within Bangladesh unless he has obtained from the Council a certificate of practice: Provided that nothing contained in this clause shall apply to any person who, immediately before the commencement of this Order, has been in practice as an existing chartered 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. (3) The Council may impose such conditions as it may deem fit in connection with the issue and renewal of a certificate of practice to a member.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 442, "details": "8. 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 Article 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: Provided further that nothing contained in this Article shall be deemed to prohibit a member from using such other description for the management consultancy company or firm, as may be prescribed, where the member renders Management Consultancy services through the medium of a separate unlimited company or firm.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 442, "details": "68A. The Institute shall ensure that all members of the Institute shall comply with the Financial Reporting Standards and Auditing Standards issued by the Financial Reporting Council (FRC) pursuant to section 40 of the Financial Reporting Act, 2015.", "name": "8A", "related_acts": "", "section_id": 9 }, { "act_id": 442, "details": "9. Notwithstanding anything contained in Article 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 period7; (vii) has been removed from the membership of the Institute on being found on inquiry not to have complied with the Financial Reporting Standards and Auditing Standards issued by the Financial Reporting Council (FRC) pursuant to section 40 of the Financial Reporting Act, 2015.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 442, "details": "10. (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 Order. (2) The Council shall be composed of the following persons, namely,- (a) not more than seventeen persons elected from such regional constituencies to be specified by the Government by notification in the Gazette, by the members of the Institute belonging to such constituencies from among the members of at least five years standing, the number of members to be elected from a constituency being such as may be prescribed; and (b) three Government officials, not below the rank of Joint Secretary, nominated by the Government, one each from the Ministries of Commerce, Finance and Education: Provided that this sub-clause conferring upon the Government the right of nomination shall cease to exist on the expiry of the life of the three consecutive Councils: Provided further that the date on which sub-clause (b) shall cease to have effect, sub-clause (a) shall automatically stand amended to the effect that for the word 'seventeen' in that sub-clause, the word 'twenty' shall be substituted.  Explanation.- In computing the period of a person's standing with the Institute for the purpose of sub-clause (a), the period for which he has been an existing chartered accountant before the commencement of this Order shall be reckoned as period of membership of the Institute. (3) Notwithstanding anything contained in clause (2), the Council existing immediately before the commencement of this Order shall be deemed to be the first Council consisting of members nominated by the Government and shall discharge all the functions of the Council under this Order.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 442, "details": "11. (1) Elections under sub-clause (a) of clause (2) of Article 10 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 declaration of the result of the election. (3) The expenses of the Tribunal shall be borne by the Institute.", "name": "", "related_acts": "", "section_id": 12 }, { "act_id": 442, "details": "12. If any body of persons referred to in Article 10 fails to elect any of the members of the Council which it is empowered under that Article to elect, the retiring members of the Council from such constituency shall continue until such time as members can be elected. If, however, the retiring members decline to continue, in such event the Council shall have power to co-opt members from other constituencies and any person so co-opted shall be deemed to be a member of the Council as if he had been duly elected.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 442, "details": "13. (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 or Vice-Presidents for the term of the first Council. (2) The President shall be the chief executive 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": "", "related_acts": "", "section_id": 14 }, { "act_id": 442, "details": "813A. The functions of the Institute shall be subject to the public interest oversight of the Financial Reporting Council (FRC) in accordance with the Financial Reporting Act, 2015, which shall ensure that the Institute meets its responsibilities to maintain high professional standards and develop the accounting profession.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 442, "details": "14. (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 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 Article 20. (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 co-option by 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": "", "related_acts": "", "section_id": 16 }, { "act_id": 442, "details": "15. (1) The duration of the Council constituted under this Order 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 shall be constituted in accordance with the provisions of this Order: Provided that the first Council nominated by the Government shall cease to exist on the expiry of three months from the date of the commencement of this Order. (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 Order, and upon such constitution, the Council so functioning shall stand dissolved.", "name": "", "related_acts": "", "section_id": 17 }, { "act_id": 442, "details": "16. (1) The duty of carrying out the provisions of this Order 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 students; (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 Order;  (f) \tthe maintenance and publication of a register of persons qualified to practice 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 or libraries 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 necessary for the efficient running of the Institute.", "name": "", "related_acts": "", "section_id": 18 }, { "act_id": 442, "details": "17. 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 officers and servants of the Council;  (e) \tfix the allowances of the President, Vice-President or Vice-Presidents and other members of the Council and members of its committees.", "name": "", "related_acts": "", "section_id": 19 }, { "act_id": 442, "details": "18. 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": "", "related_acts": "", "section_id": 20 }, { "act_id": 442, "details": "19. (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 members, 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": "", "related_acts": "", "section_id": 21 }, { "act_id": 442, "details": "20. 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 Article 9, or who for any other reason has ceased to be entitled to have his name borne on the Register.", "name": "", "related_acts": "", "section_id": 22 }, { "act_id": 442, "details": "21. (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 sub-clause (a) of clause (2) of Article 10. (2) The Regional Committees shall be constituted in such manner and exercise such functions as may be prescribed.", "name": "", "related_acts": "", "section_id": 23 }, { "act_id": 442, "details": "22. 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 or any abbreviation thereof in a manner as to impress that he is a chartered accountant; or (c) \tholds himself out to be a chartered accountant; 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 Taka one thousand and on any subsequent conviction with imprisonment which may extend to six months or with fine which may extend to Taka five thousand or with both.", "name": "", "related_acts": "", "section_id": 24 }, { "act_id": 442, "details": "23. (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; (iii)\tseek to regulate in any manner whatsoever the profession of chartered accountants; or (iv)\tseek to represent the cause of chartered accountancy profession or chartered accountants by forming group, society, association or in any manner whatsoever. (2) Any person contravening the provisions of clause (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 Taka one thousand and on any subsequent conviction with imprisonment which may extend to six months, or with fine which may extend to Taka five thousand, or with both.", "name": "", "related_acts": "", "section_id": 25 }, { "act_id": 442, "details": "24. (1) No company, whether incorporated in Bangladesh or elsewhere, shall practice as chartered accountants: Provided that nothing contained in this Article shall be deemed to prohibit an unlimited company termed as such in the Companies Act, 1913 (Act VII of 1913) from rendering Management Consultancy services. (2) If any company contravenes the provisions of clause (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 Taka one thousand and on any subsequent conviction to Taka five thousand.", "name": "", "related_acts": "", "section_id": 26 }, { "act_id": 442, "details": "25. (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 provision of clause (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 Taka one thousand and on any subsequent conviction with imprisonment which may extend to six months, or with fine which may extend to Taka five thousand, or with both.", "name": "", "related_acts": "", "section_id": 27 }, { "act_id": 442, "details": "26. No person shall be prosecuted under this Order except on a complaint made by or under the order of the council.", "name": "", "related_acts": "", "section_id": 28 }, { "act_id": 442, "details": "27. (1) Where a chartered accountant in practice or 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 clause. (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": "", "related_acts": "", "section_id": 29 }, { "act_id": 442, "details": "28. (1) The Council may, by notification in the Gazette, make bye-laws for the purpose of carrying out the objects of this Order, and a copy of such bye-laws shall be sent 9to the Government and 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 Order; (b)\tthe qualifications for the entry of the name of any person in the Register as a member of the Institute;  (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 students and the cancellation of articles 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) the 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 there at 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 Order. (3) All bye-laws made by the Council under this Order shall be subject to the condition of previous publication 10* * *. (4) Notwithstanding anything contained in clauses (1) and (2), the Government may frame the first bye-laws for the purposes mentioned in this Article, 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 Order until they are amended, altered or revoked by the Council.", "name": "", "related_acts": "", "section_id": 30 }, { "act_id": 442, "details": "29. (1) Where any country prevents persons of Bangladesh domicile from becoming members of any institution similar to the Institute of Chartered Accountants of Bangladesh or from practising the profession of accountancy or subject them to unfair discrimination in that country, no subject of any such country shall be entitled to become a member of the Institute or practise the profession of accountancy in Bangladesh. (2) Subject to the provisions of clause (1), the Council may prescribe the conditions, if any, subject to which foreign qualifications relating to accountancy shall be recognised for the purposes of entry in the Register of Members. (3) Nothing contained in clauses (1) and (2) shall apply to the case of a person whose services in any capacity have been obtained by the Government.", "name": "", "related_acts": "", "section_id": 31 }, { "act_id": 442, "details": "30. Any reference to a chartered accountant or a registered accountant or any existing chartered 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 Order.", "name": "", "related_acts": "", "section_id": 32 }, { "act_id": 442, "details": "31. 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 purposes of removing the difficulty.", "name": "", "related_acts": "", "section_id": 33 }, { "act_id": 442, "details": "32. In section 144 of the Companies Act, 1913 (Act VII of 1913), for sub-section (1), the following sub-section shall be substituted, namely- “(1) No person shall be appointed as a auditor of any company unless he is a chartered accountant within the meaning of the Bangladesh Chartered Accountants Order, 1973: 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": "", "related_acts": "", "section_id": 34 }, { "act_id": 442, "details": "33. Notwithstanding the amendment of section 144 of the Companies Act, 1913 (Act VII of 1913), made by the preceding Article, the Auditors' Certificate Rules, 1950, shall so far as applicable, continue in force as if they are bye-laws made under this Order.", "name": "", "related_acts": "", "section_id": 35 }, { "act_id": 442, "details": "34. Anything done or action taken or purported to have been done or taken by any Ad hoc Committee or the Council constituted by the Government under notification No. SEC-XII/IM-132/72/318(50), dated the 27th March, 1972, issued by the Ministry of Trade and Commerce, after the 16th day of December, 1971, and before the commencement of this Order, shall be deemed to have been validly done or taken, and shall have and shall be deemed always to have had effect accordingly, and shall not be called in question in any court.", "name": "", "related_acts": "", "section_id": 36 }, { "act_id": 442, "details": "35. The provisions of the Chartered Accountants Ordinance, 1961 (Ord. No. X of 1961), shall, in so far they are not inconsistent with any of the provisions of this Order, continue in force until repealed or altered or amended by law.", "name": "", "related_acts": "306", "section_id": 37 } ], "text": "WHEREAS it is expedient to establish an Institute of Chartered Accountants in Bangladesh for the purpose of regulating the profession of accountants and for matters connected therewith; NOW, THEREFORE, in pursuance of paragraph 3 of the Fourth Schedule to the Constitution of the People’s Republic of Bangladesh and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-" }

{ "id": 443, "lower_text": [], "name": "The Asian Development Bank Order, 1973 (President's Order)", "num_of_sections": 8, "published_date": "24th January,1973", "related_act": [], "repelled": false, "sections": [ { "act_id": 443, "details": "1. (1) This Order may be called the Asian Development Bank Order, 1973. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "", "related_acts": "", "section_id": 1 }, { "act_id": 443, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a)\t“Agreement” means the Agreement Establishing the Asian Development Bank dated 4th December, 1965; (b)\t“Bank” means the Asian Development Bank established under the Agreement; (c) \t“Government” means the Government of the People's Republic of Bangladesh.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 443, "details": "3. (1) There shall be paid out of the Consolidated Fund all such sums as may, from time to time, be required for the purpose of paying- (a)\tthe subscriptions payable by the People's Republic of Bangladesh to the Bank under paragraphs 1, 2 and 3 of Article 5 of the Agreement;  (b) \tany commissions, fees or other charges payable by the People's Republic of Bangladesh to the Bank under Article 16 of the Agreement; and (c) \tany sum payable by the People's Republic of Bangladesh under paragraph 1 of Article 25 of the Agreement. (2) The Government may, if it thinks fit so to do, create and issue to the Bank, in such form as it thinks fit, any such non-interest bearing and non-negotiable notes or other obligations as are provided for by paragraph 3 of Article 6 of the Agreement. (3) Any sums received by or on behalf of the People's Republic of Bangladesh from the Bank shall be paid into the Consolidated Fund.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 443, "details": "4. The Bangladesh Bank shall be the depository of Bangladesh currency holdings and other assets of the Bank located in Bangladesh.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 443, "details": "5. (1) Notwithstanding anything to the contrary contained in any other law, the provisions of the Agreement set out in the Schedule shall have the force of law in Bangladesh: Provided that nothing in Article 56 of the Agreement shall be construed as- (a)\tentitling the Bank to import into Bangladesh goods free of any duty of customs without any restriction on their subsequent sale therein; or (b) \tconferring on the Bank any exemption from duties or taxes which form part of the price of goods sold; or (c)\tconferring on the Bank any exemption from duties or taxes which are in fact no more than charges for services rendered. (2) The Government may, by notification in the official Gazette, amend the Schedule in conformity with any amendments, which may hereafter be duly made and adopted, of the provisions of the Agreement set out therein.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 443, "details": "6. Nothing in this Order shall prejudice or derogate from the right of the People's Republic of Bangladesh to claim, receive or recover any assets from Pakistan.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 443, "details": "7. The Government shall designate, by a notification in the official Gazette, the officer who shall be authorised on behalf of the People's Republic of Bangladesh to sign the Instrument of Acceptance of the Articles of Agreement and Resolution No. 54 of the Board of Governors of the Bank adopted on 11th November, 1972, and deposit it with the Bank.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 443, "details": "8. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Order.", "name": "", "related_acts": "", "section_id": 8 } ], "text": "WHEREAS the People’s Republic of Bangladesh is admitted to membership in the Asian Development Bank; AND WHEREAS it is expedient to make provision for the implementation of the Agreement establishing the Asian Development Bank and for carrying out the obligations of the People’s Republic of Bangladesh as a member of the Bank and for matters connected therewith; NOW, THEREFORE, in pursuance of paragraph 3 of the Fourth Schedule to the Constitution of the People’s Republic of Bangladesh, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-" }

{ "id": 444, "lower_text": [ "1 The words “and purchasing of flats or apartments” were inserted after the word “houses” by section 2 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "2 The words “at any place” were substituted for the words “in the cities, towns, thana Headquarters and any other important places” by section 2 of the Bangladesh House Building Finance Corporation (Amendment) Ordinance, 1984 (Ordinance No. XIV of 1984)", "3 The words “in pursuance of ” were substituted for the words “in pursuance or ” by section 2 of the Bangladesh House Building Finance Corporation (Amendment) Act, 1975 (Act No. XXVII of 1975)", "4 Clause (bb) was inserted by section 3(a) of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "5 Clause (cc) was inserted by section 3(b) of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "6 The words and commas “flats, apartments or other” were substituted for the word “family” by section 2 of the Bangladesh House Building Finance Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIX of 1976)", "7 Clause (ee) was omitted by section 2 of the Bangladesh House Building Finance Corporation (Amendment) Ordinance, 1977 (Ordinance No. XVIII of 1977)", "8 Article 2A was inserted by section 4 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "9 Article 4 was substituted by section 5 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "10 Clause (3) was substituted by section 3 of the Bangladesh House Building Finance Corporation (Amendment) Ordinance, 1977 (Ordinance No. XVIII of 1977)", "11 Article 6A was inserted by section 6 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "12 Article 7 was substituted by section 7 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "13 Article 8 was substituted by section 8 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "14 Article 9 was substituted by section 9 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "15 Article 10 was omitted by section 10 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "16 Article 10A was substituted by section 11 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "17 Article 11 was substituted by section 12 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "18 The word “experts” was substituted for the word “exports” by section 4 of the Bangladesh House Building Finance Corporation (Amendment) Act, 1975 (Act No. XXVII of 1975)", "19 Article 13 was substituted by section 13 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "20 The words “Branch offices” were substituted for the word “agencies” by section 14 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "21 Article 16 was substituted by section 15 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "22 Article 18 was substituted by section 16 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "23 Article 19 was substituted by section 17 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "24 Article 19A was inserted by section 18 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "25 The words “or purchasing flats or apartments” were inserted after the word “houses” by section 19 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "26 Clause (1) and (2) were substituted by section 20(a) of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "27 The words and comma “and any sale, transfer made or charge or encumbrance created without the approval of the Corporation in respect of such property shall be null and void” were inserted by section 6 of the Bangladesh House Building Finance Corporation (Amendment) Act, 1975 (Act No. XXVII of 1975).", "28 Clause (4), (5) and (6) were substituted by section 20(b) of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "29 The figures “32” were substituted for the figures “30” by section 3 of the Bangladesh House Building Finance Corporation (Amendment) Ordinance, 1984 (Ordinance No. XIV of 1984)", "30 The words “borrower unless he” were substituted for the words “Housing Society unless it” by section 4 of the Bangladesh House Building Finance Corporation (Amendment) Ordinance, 1977 (Ordinance No. XVIII of 1977)", "31 Article 22 was omitted by section 21 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "32 The words “for more than 24 monthly instalments” were omitted by section 7 of the Bangladesh House Building Finance Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIX of 1976)", "33 The words “and the” were substituted for the words “and he” by section 8 of the Bangladesh House Building Finance Corporation (Amendment) Act, 1975 (Act No. XXVII of 1975)", "34 The word “percentage” was substituted for the word “percnetage” by section 8 of the Bangladesh House Building Finance Corporation (Amendment) Act, 1975 (Act No. XXVII of 1975)", "35 The words “beyond 24 monthly instalments” were omitted by section 8 of the Bangladesh House Building Finance Corporation (Amendment) Ordinance, 1976 (Ordinance No. XXXIX of 1976)", "36 The words “attachment or sale” were substituted for the words “attachment of sale” by section 9 of the Bangladesh House Building Finance Corporation (Amendment) Act, 1975 (Act No. XXVII of 1975)", "37 The words “attachment or sale” were substituted for the words “attachment of sale” by section 9 of the Bangladesh House Building Finance Corporation (Amendment) Act, 1975 (Act No. XXVII of 1975)", "38 Explanation was inserted by section 22 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "39 Article 29A was substituted by section 23 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "40 Article 30 was substituted by section 24 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "41 Article 31 was substituted by section 25 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "42 Clause (1), (2) and (3) were substituted by section 26 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "43 Article 35A, 35B and 35C were inserted by section 27 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "44 The word “prejudice” was substituted for the word “projudice” by section 12 of the Bangladesh House Building Finance Corporation (Amendment) Act, 1975 (Act No. XXVII of 1975)", "45 The words “direct or” were substituted for the words “direct of” by section 12 of the Bangladesh House Building Finance Corporation (Amendment) Act, 1975 (Act No. XXVII of 1975)", "46 Article 37A was inserted by section 28 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021).", "47 The word and comma “shall,” was substituted for the word “shall” by section 13 of the Bangladesh House Building Finance Corporation (Amendment) Act, 1975 (Act No. XXVII of 1975)", "48 Article 38A was inserted by section 29 of Bangladesh House Building Finance Corporation (Amendment) Act, 2021 (Act No. XXV of 2021)." ], "name": "The Bangladesh House Building Finance Corporation Order, 1973 (President's Order).", "num_of_sections": 49, "published_date": "3rd February, 1973", "related_act": [ 672, 75, 1390, 86, 442, 415 ], "repelled": false, "sections": [ { "act_id": 444, "details": "1. (1) This Order may be called the Bangladesh House Building Finance Corporation Order, 1973. (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": "", "related_acts": "", "section_id": 1 }, { "act_id": 444, "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) “Borrower” means any person or persons or body of persons whether incorporated or not to whom a loan is made by the Corporation for the construction, repair or remodelling of a house; 4(bb) “Chairman” means the Chairman of the Board; (c) “Corporation” means the Bangladesh House Building Finance Corporation established under this Order; 5(cc) “Director” means a Director of the Board; (d) “Government” means the Government of the People's Republic of Bangladesh; (e) “House” means any building intended for human habitation together with the land upon which it is situated and may comprise of one or more 6flats, apartments or other housing units, and structures appurtenant thereto; 7* * * (f) “Managing Director” means the Managing Director appointed under Article 6 of this Order; (g) “Order” means the Bangladesh House Building Finance Corporation Order, 1973; and (h) “Prescribed” means prescribed by rules or regulations under this Order.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 444, "details": "82A. Notwithstanding anything contained in any other law for the time being in force, the provisions of this Order shall prevail.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 444, "details": "3. (1) A Corporation to be called the Bangladesh House Building Finance Corporation shall be established as soon as may be to carry out the purposes of this Order. (2) The Corporation shall be a body corporate by the name of the Bangladesh House Building Finance Corporation having perpetual succession and a common seal, with power, subject to the provisions of this Order, to acquire and hold property, both movable and immovable, and shall by the said name sue and be sued.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 444, "details": "94. (1) The authorized capital of the Corporation shall be taka one thousand crores to be subscribed by the Government from time to time :Provided that the Government may, from time to time, by notification in the official gazette, increase the authorized capital of the Corporation.(2) The paid-up capital of the Corporation shall be taka five hundred crores to be subscribed and increased by the government from time to time.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 444, "details": "5. (1) The general direction and administration of the Corporation and its affairs shall vest in a Board of Directors which, with the assistance of the Managing Director, may exercise all powers and do all acts and things which may be exercised or done by the Corporation. (2) The Board in discharging its functions shall act on commercial considerations and shall be guided on questions of policy by such directions as the Government, which shall be the sole judge whether a question is a question of policy, may give it. (3) If the Board fails to carry out any direction as aforesaid, the Government may remove the Directors and, notwithstanding anything in Article 7, may appoint other persons in their place to be Directors temporarily until a fresh Board is constituted in accordance with the provisions of that Article.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 444, "details": "6. (1) The Managing Director shall be appointed by the Government for such period and on such salary and terms and conditions of service as the Government may determine. (2) The Managing Director shall be the Chief Executive Officer and shall, on behalf of the Board, direct and control the whole affairs of the Corporation. 10(3) The Managing Director may sanction, in respect of each house or a unit thereof, loans not exceeding such ceiling as the Government may, from time to time, fix in this behalf and shall place before the meeting of the Board a list of all loans sanctioned by him for information. (4) The Managing Director shall have authority to cancel, sanction and reduce the sanctioned amount and recall loans under Article 25. (5) In the matters not specifically required by this Order or by rules or regulations made thereunder to be done by the Board, the Managing Director shall in relation to such matter have authority to conduct the business, control functions and manage the affairs.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 444, "details": "116A. The Board may, as and when required, delegate any of its powers under this Order or the rules or regulations to the Managing Director or any Director or any officer of the Corporation.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 444, "details": "12 7. The Board of the Corporation shall consist of the following Directors, namely :-a) the Chairman;b) the Managing Director;c) a representative, not below the rank of a Joint Secretary, to be nominated by the Finance Division of the Ministry of Finance;d) a representative, not below the rank of a Joint Secretary, to be nominated by the Financial Institutions Division of the Ministry of Finance;e) a representative, not below the rank of a Joint Secretary, to be nominated by the Ministry of Housing and Public works;f) an Additional Chief Engineer to be nominated by the Ministry of Housing and Public works; andg) a Professional Accountant to be appointed by the Government.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 444, "details": "138. A Director shall hold office during the pleasure of the Government.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 444, "details": "149. (1) No person shall be or shall continue to be a Chairman or Director who-(a) is not a citizen of Bangladesh;(b) is subject to a disqualification imposed by or under any law for the time being in force to hold any public office;(c) is or has at any time been convicted of an offence involving moral turpitude;(d) is or has at any time been adjudged insolvent;(e) is found to be a lunatic or becomes of unsound mind; or(f) is or has been absent from three consecutive meetings of the Board without leave of absence of the Government in the case of Chairman or of the Chairman in the case of a Director.(2) The Government may remove the Chairman or any Director from the Board, if-(a) he refuses, or fails to discharge, or becomes, in the opinion of the Government, incapable of discharging his responsibilities under this Order;(b) the government is satisfied that he is abusing or has abused his powers; and(c) he has knowingly acquired or continued to hold, without the permission in writing of the Government, directly or indirectly or through a partner any share or interest in any contract or employment with or by or on behalf of the corporation, 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 Corporation.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 444, "details": "15***", "name": "", "related_acts": "", "section_id": 12 }, { "act_id": 444, "details": "1610A. (1) The Chairman shall be appointed by the Government on such terms and conditions as may be determined by it.(2) If a vacancy occurs in the office of the Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any other causes, the Government shall appoint a person for discharging the functions of the Chairman until a newly appointed Chairman has taken over or until the Chairman has resumed his duties.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 444, "details": "1711. (1) The Government may appoint such number of Deputy Managing Director and of General Manager as per the organogram of the Corporation and the terms and conditions of their services shall be determined by it.(2) The Corporation may appoint such number of officers and employees as it may consider necessary for the efficient performance of its functions, according to the organogram approved by the Government and the terms and conditions of their services shall be prescribed by regulations.", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 444, "details": "12. The Corporation may appoint a Standing Committee of 18experts to be called the Technical Advisory Committee to give it technical advice on schemes submitted to the Corporation for financial assistance or on any point that may be referred to the Committee by the Board.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 444, "details": "1913. (1) Subject to other provisions of this Article, the Board may determine the rules of procedures of its meeting.(2) The meeting of the Board shall be held at such time and place, as may be determined by the Chairman :Provided that at least one meeting of the Board shall be held in every 3 (three) months :Provided further that emergency meeting of the Board may be convened with a short notice.(3) The Chairman shall preside over the meeting of the Board and if for any reason, the office of the Chairman is vacant or he is unable to be present at a meeting, a Director, other than the Managing Director, nominated by the Directors present, shall preside over the meeting.(4) At a meeting of the Board, each Director present shall have one vote and in the event of an equality of votes, the Chairman shall have a second or casting vote.(5) No Director shall vote on any matter in which he is directly or indirectly interested.(6) To constitute a quorum at a meeting of the Board, at least 4 (Four) Directors shall have to be present :Provided that no quorum will be required for an adjourned meeting.(7) No act or proceeding of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Borad or any error in the appointment of the Directors.", "name": "", "related_acts": "", "section_id": 16 }, { "act_id": 444, "details": "14. The non-official Director, if any, shall be paid such fees for attending meetings of the Board as may be prescribed.", "name": "", "related_acts": "", "section_id": 17 }, { "act_id": 444, "details": "15. The Corporation shall have its Head Office at Dacca and shall establish Zonal, Regional and Sub-Regional Offices and 20Branch offices at such places as the Board, with the concurrence of the Government may determine.", "name": "", "related_acts": "", "section_id": 18 }, { "act_id": 444, "details": "2116. The Corporation may open its deposit accounts with any Scheduled Bank or Banks as may be decided by the Managing Director.Explanation.-“Scheduled Bank” means Scheduled Bank as defined in Article 2 (j) of the Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972).", "name": "", "related_acts": "415", "section_id": 19 }, { "act_id": 444, "details": "17. The Corporation may invest its funds in such securities or in such other manner as may be prescribed and may sell or mortgage such securities.", "name": "", "related_acts": "", "section_id": 20 }, { "act_id": 444, "details": "2218. (1) The Corporation may, for the purpose of carrying out its functions, raise fund in the following manners, namely :-(a) accepting deposits or any other fund in such terms and conditions as may be determined by the Government; and(b) with the prior approval of the Government, raise funds by issuing bonds and debentures carrying interest at such rates as may be approved by the Government :Provided that the total amount due by the Corporation on such bonds and debentures and on other liabilities, contingent or otherwise of the Corporation, shall not at any time be allowed to exceed fifteen times of the aggregate amount of the paid-up share capital and the reserve fund of the Corporation.(2) The repayment of the principal and the payment of interest due on the bonds and debentures issued by the Corporation shall be guaranteed by the Government.", "name": "", "related_acts": "", "section_id": 21 }, { "act_id": 444, "details": "2319. The Corporation may, for the purpose of carrying out its functions, take loan in the follwing manners, namely :-(a) taking long-term loan from the Government on such terms and conditions as may be determined by the Government;(b) taking loans from Bangladesh Bank or any other nationalized or foreign bank or financial institutions with the prior approval of the Government; and(c) receiving refinance and other loan facilities from the Bangladesh Bank for the purpose of expanding its loan activity.", "name": "", "related_acts": "", "section_id": 22 }, { "act_id": 444, "details": "2419A. The Corporation may, for the purpose of this Order, subject to the approval of the Board, enter into Agreements or Memorandum of Understanding (MoU) with domestic institutions, and upon prior approval of the Government, with the international banks or financial institutions.", "name": "", "related_acts": "", "section_id": 23 }, { "act_id": 444, "details": "20. Subject to the provisions of this Order, the Corporation may grant loans to borrowers for the purpose of constructing, repairing and remodelling houses 25or purchasing flats or apartments.", "name": "", "related_acts": "", "section_id": 24 }, { "act_id": 444, "details": "21. 26(1) No loan shall be made unless it is fully secured by a mortgage, hypothecation or assignment of the land and the house to be constructed, repaired, purchased or remodeled thereon or by such other immovable or movable property of the borrower or of his surety or of both as may be prescribed :Provided that where the land on which the house is proposed to construct, repair or remodel, is held by the borrower not as owner but as lessee or in any other legal capacity, then, notwithstanding anything to the contrary contained in any other law for the time being in force, loan may be made against the security of such land and the house to be constructed, repaired, purchased and remodeled thereon.(2) All loans shall be made in suitable installments concomitant with the construction, repair or remodel of the house or in one installment for purchasing flats or apartments. (3) No property shall be accepted as security unless it is free from all encumbrances and charges, and it shall be one of the terms upon which the loan shall be made that the property and the house in respect of which the loan is made shall not be sold or charged without the prior approval of the Corporation 27and any sale, transfer made or charge or encumbrance created without the approval of the Corporation in respect of such property shall be null and void.  28(4) Notwithstanding anything contained in clause (3), the Corporation may, subject to the maximum limit fixed by Government, from time to time, grant additional loans to any borrower on the security of any property already mortgaged with the Corporation, and offered by the borrower and accepted by the Corporation as security for the purpose.(5) No loan shall be made to any borrower unless he or, where the borrower is more than one person, any one or more of such persons is a member of a registered Housing Society, or unless the borrower satisfies the Corporation that the terms upon which he had acquired the land on which the house was to be constructed, repaired, purchased or remodeled, or the terms of the lease under which the land was made available were satisfactory and that the area in which the house was to be situated had been adequately planned.(6) No loan shall be made unless the Corporation is satisfied-(a) that the borrower will be able to provide the necessary funds which to be added to the loan made by the Corporation, that cover the entire cost of the construction, repairing, purchasing or remodeling of the house;(b) that the borrower or his surety or both as the case may be and where the borrower is more than one person, any one or more of such persons or their sureties, will have sufficient means to repay the loan during the prescribed period in the prescribed manner; and(c) that adequate care has been taken to ensure that the house would be of an economical and suitable design and of a sound construction, and of a type which would assure a minimum of practicable expenditure for repairs and maintenance during the term of the loan.. (7) Before accepting any movable or immovable property as security, due allowance shall be made for depreciation and probable fall in value and whenever such property is found to fall in value below the margin allowed, additional security shall be obtained. (8) The loan shall be repayable in monthly instalments sufficient to cover the principal and the interest in such manner as may be prescribed.  (9) No loan shall be given for a period exceeding 2932 years. (10) The rate of interest chargeable on loans made by the Corporation shall be determined by the Government from time to time. (11) Every agreement between the borrower and the Corporation shall provide for the period within which the construction, repairing or remodelling of the house shall be commenced and completed. (12) No information given by any person applying for financial assistance and communicated to any of the Directors or employees of the Corporation shall be disclosed by or used by such Directors or employees except for the lawful purposes of the Corporation without the written consent of such person. (13) No loan shall be given to any 30borrower unless he conforms to such conditions as may be prescribed.", "name": "", "related_acts": "", "section_id": 25 }, { "act_id": 444, "details": "31***", "name": "", "related_acts": "", "section_id": 26 }, { "act_id": 444, "details": "23. (1) The Corporation shall make such agreements with borrowers as it may deem necessary or expedient to safeguard its interest. (2) The Corporation may require the borrower to pay application and inspection fees at such rates as may be prescribed.", "name": "", "related_acts": "", "section_id": 27 }, { "act_id": 444, "details": "24. The Corporation shall not- (a)\taccept any deposits except as provided by this Order; or (b) \tsubscribe directly to the shares or stock of any company; or (c) \tundertake construction, repairing or re-modelling of houses except with prior approval of the Government. Provided that nothing in clause (b) shall affect the right of the Corporation to acquire the shares or stock of any company accepted as security from the borrower.", "name": "", "related_acts": "", "section_id": 28 }, { "act_id": 444, "details": "25. Notwithstanding any agreement to the contrary, the Corporation may by notice require any borrower to whom it has granted any loan or his surety forthwith to repay the loan in full- (a) \tif the borrower or his surety defaults in payment of loan 32* * * ; (b) \tif it is found that the loan was obtained by information supplied by the borrower or his surety which was false or misleading in any material particular; or (c) \tif the borrower has committed a breach of the terms of his agreement with the Corporation relating to the loan; or (d) \tif the loan is not being utilised for the purpose for which it was made; or (e) \tif the house is not constructed or as the case may be, repaired or remodelled within the period allowed in the agreement between the borrower 33and the Corporation and the failure is not due to causes beyond the control of the borrower;  (f) \tif there is a reason to apprehend that the borrower or his surety will be unable to pay his debts or may go into liquidation; (g) \tif the property pledged, mortgaged, hypothecated or assigned to the Corporation as security for the loan is not kept in a proper condition by the borrower or his surety or if the property has depreciated in value by more than the prescribed 34percentage and the borrower is unable to give additional security to the satisfaction of the Corporation; or (h) \tif without the permission of the Board, the house, land or other mortgaged property as security for the loan is in any way disposed of or charged by the borrower or his surety; or (i) \tif for any other reason, it is necessary in the opinion of the Board to do so in order to protect the interest of the Corporation.", "name": "", "related_acts": "", "section_id": 29 }, { "act_id": 444, "details": "26. (1) When a borrower or his surety makes default in repayment 35* * * or otherwise fails to comply with the terms of the agreement or letter of guarantee with the Corporation, the Corporation notwithstanding the provisions of any other law may, without the intervention of any Court, sell any property pledged, mortgaged, hypothecated or assigned by the borrower or his surety, to the Corporation by way of security. (2) Any transfer of property made by the Corporation in exercise of its powers under clause (1) shall vest in the transferee all rights in or to the property transferred as if the property had been sold to the transferee by the owner. (3) All sums due to the Corporation from the borrower or his surety shall be recoverable as arrears of land revenue.", "name": "", "related_acts": "", "section_id": 30 }, { "act_id": 444, "details": "27. (1) Where by reason of the breach of any agreement by the borrower the Corporation becomes entitled to require the immediate payment of the amount due by the borrower to the Corporation, any officer of the Corporation authorised generally or specially by the Board in this behalf may apply to the District Judge within the local limits of whose jurisdiction the borrower's house is situated for any one or more of the following reliefs, namely:- (a) an order for the sale of any property or properties pledged, mortgaged, hypothecated or assigned to the Corporation as security for the sums due by the borrower; (b) for an injunction restraining the borrower or his surety from in any manner removing, transferring or disposing of any of the properties referred to in sub-clause (a); (c) for an ad-interim attachment attaching the properties referred to in sub-clause (a) above and such other properties of the borrower or his surety as in the opinion of the District Judge were sufficient to cover the claim of the Corporation against the borrower including costs and interest. (2) An application under clause (1) shall state the nature and extent of the liability of the borrower and his surety to the Corporation, the grounds on which it is made and such other particulars as may be prescribed. (3) The District Judge may if he thinks fit hear the applicant and where the reliefs mentioned in sub-clauses (b) and (c) of clause (1) are prayed for in the application shall pass ad-interim orders granting such reliefs as in the opinion of the District Judge are sufficient to safeguard the full claim of the Corporation against the borrower. (4) At the time of passing his orders under clause (3) the District Judge shall order notice of the application to issue to the borrower and his surety together with copies of the applications, the order passed by the District Judge under clause (3), and any evidence which may have been recorded at the time of the order under clause (3), calling upon the borrower and his surety to show cause on a date to be specified in the notice, why the interim orders passed should not be confirmed and the reliefs sought in the application be granted.  (5) If no cause is shown on or before the date specified in the notice under clause (4), the District Judge shall dispose of the application. (6) If the borrower and his surety appear and show cause, the District Judge shall grant them and the Corporation reasonable opportunity to produce their evidence relating to the reliefs claimed in the application, and after considering such evidence and hearing the parties, the District Judge shall pass his orders disposing of the application. (7) When passing his order under clause (5) or clause (6), the District Judge shall- (a) record his finding as to the amount due by the borrower to the Corporation, and the interest payable thereon; (b) direct or refuse to direct the sale of the properties attached; (c) confirm, discharge or vary any ad-interim orders passed restraining the borrower and his surety or attaching their properties; and (d) pass any other incidental orders. (8) No order passed by the District Judge ordering the release of any property of the borrower or his surety from attachment shall be given effect to until after the expiry of 30 days from the date of that order except with the written consent of the Corporation, or where an appeal has been preferred to the High Court Division, under the orders of the High Court Division. (9) An order under this Article for the 36attachment or sale of property shall be carried into effect as far as may be in the manner provided in the Code of Civil Procedure, 1908, for the 37attachment or sale of property in execution of a decree as if the Corporation were the decree-holder.  (10) Any party aggrieved by an order under clause (5) or clause (6) may within thirty days from the date of the order appeal to the High Court Division, and upon such appeal the High Court Division may after hearing the parties pass such orders as it thinks proper. 38Explanation.- For the purpose of this Article, “District Judge” includes Additional District Judge.", "name": "", "related_acts": "86", "section_id": 31 }, { "act_id": 444, "details": "28. The Corporation shall be deemed to be a Bank for the purposes of the Bankers Books Evidence Act, 1891.", "name": "", "related_acts": "", "section_id": 32 }, { "act_id": 444, "details": "29. After making provision for bad and doubtful debts, depreciation of assets and any other matters which are usually provided for by a banker, the Corporation may out of its net annual profits establish a Reserve Fund or Funds, and any surplus remaining thereafter shall be paid to the Government.", "name": "", "related_acts": "", "section_id": 33 }, { "act_id": 444, "details": "3929A. For the purpose of the Income-tax Ordinance, 1984 (Ordinance No. XXXVI of 1984), the Corporation shall be deemed to be a Company within the meaning of that Ordinance, and shall be liable to Income-tax and minimum tax accordingly on its income, profits and gains.", "name": "", "related_acts": "672", "section_id": 34 }, { "act_id": 444, "details": "4030. (1) The Corporation shall maintain its accounts and prepare and annual statement of accounts.(2) The Comptroller and Auditor-General of Bangladesh, hereinafter referred to as the Auditor-General shall audit the accounts of the Corporation each year and shall submit audit reports in accordance with the provisions of existing law in Bangladesh.(3) Notwithstanding the audit done by the Auditor-General under clause (2), the accounts of the Corporation may be audited by two chartered accountants defined in Article 2 (1) (b) of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. II of 1973) and for this purpose, the Government may appoint one or more Chartered Accountants and the Corporation shall provide their honorarium as may be decided by the Government.(4) For the purpose of the audit, the Auditor-General or any person authorized by him in this behalf or the Chartered Accountant appointed under clause (3) may have access to all records, documents, cash or deposits in bank, securities, stores and other property of the Corporation and may examine the director or any employee of the Corporation.(5) After completion of the audit, the Chartered Accountant appointed under clause (3), shall submit the audit report to the Government, Corporation and relevant agencies, where applicable.", "name": "", "related_acts": "442", "section_id": 35 }, { "act_id": 444, "details": "4131. (1) The Corporation shall, within 6 (six) months of the ending of a financial year, furnish to the Government an annual statement on the conduct of its affairs for that year.(2) The Government may require the Corporation to furnish any report, statement or other information regarding any matter under the control of the Corporation and it shall comply with every such requisition.", "name": "", "related_acts": "", "section_id": 36 }, { "act_id": 444, "details": "32. No provision of law relating to the winding up of companies or Corporation 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": 37 }, { "act_id": 444, "details": "33. (1) Every Director shall be indemnified by the Corporation against all losses and expenses incurred by him in the discharge of his duties except such as are caused by his own wilful act or default. (2) A Director shall not be personally responsible for the acts of any other Director or of any officer or servant of the Corporation for any loss or expense resulting to the Corporation by reason of the insufficiency or deficiency in value of or title to any property or security acquired or taken on behalf of the Corporation, or by the wrongful act of any person under a liability to the Corporation, or by anything done by him in good faith in the execution of the duties of his office.", "name": "", "related_acts": "", "section_id": 38 }, { "act_id": 444, "details": "34. Every Director, auditor, officer or servant of the Corporation shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the Schedule to this Order.", "name": "", "related_acts": "", "section_id": 39 }, { "act_id": 444, "details": "35. 42 (1) Whoever willfully makes a false statement or intentionally uses any false statement for the purpose of obtaining a loan from the Corporation or of inducing the Corporation to accept security of any form or kind shall be punishable with imprisonment for a term which may extend to five years or fine which may extend to five lakh taka or with both.(2) Whoever without the consent in writing of the Corporation uses the name of the Corporation in any prospectus or advertisement shall be punishable with imprisonment for a term which may extend to six month or with fine which may extend to fifty thousand taka or with both.(3) Whoever being a director or employee of the Corporation contravenes his declaration of fidelity and secrecy, shall be punishable with imprisonment for a term not exceeding one year or with fine which may extend to taka one lakh or with both. (4) Whoever being a member of the Board discloses or uses for a purpose not connected with the discharge of his duties as a member of the Board any information supplied to the Corporation or to the Board by a person applying for financial assistance shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand Taka or with both. (5) No Court shall take cognizance of any offence punishable under this Order otherwise than on a complaint in writing signed by an officer of the Corporation authorised by the Board in this behalf.", "name": "", "related_acts": "", "section_id": 40 }, { "act_id": 444, "details": "4335A. (1) Offences committed under this Order shall be non-cognizable.(2) Offences committed under this Order shall be bailable except the offence specified in clause (1) of Article 35.", "name": "", "related_acts": "", "section_id": 41 }, { "act_id": 444, "details": "35B. The provisions of the Code of Criminal Procedure, 1898 (Act No. V of 1898) shall apply for filing a complaint, investigation, trial, appeal and other relevant matters under this Order.", "name": "", "related_acts": "75", "section_id": 42 }, { "act_id": 444, "details": "35C. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Act No. V of 1898), a first class magistrate or a Metropolitan Magistrate, as the case may be, may impose the fine specified in the relevant Articles of this Order.", "name": "", "related_acts": "75", "section_id": 43 }, { "act_id": 444, "details": "36. The Government may make rules not inconsistent with this Order for the purpose of giving effect to the provisions of this Order, and where the rules framed under this Article are inconsistent with the regulations framed under the next succeeding Article the rules shall prevail.", "name": "", "related_acts": "", "section_id": 44 }, { "act_id": 444, "details": "37. (1) The Board may, with the previous sanction of the Government, make regulations not inconsistent with this Order 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) In particular and without 44prejudice to the generality of the foregoing power, such regulations may provide for- (a)\tthe calling of the meeting of the Board, fees for attending the meetings thereof and the conduct of business thereat; (b) \tthe manner and terms of issue and redemption of bonds and debentures by the Corporation; (c) \tthe conditions subject to which the Corporation may grant loans; (d) \tthe form and manner of determining the sufficiency of the security taken under clause (7) of Article 21; (e) \tthe form of returns and statements required under this Order; (f) \tthe recruitment of officers and staff of the Corporation, the terms and conditions of their service, the duties and conduct of such officers and staff and of the agents of the Corporation, the Constitution and management of provident funds for such officers and staff and all matters connected with any of these things; (g) \tthe disclosure of interest, 45direct or indirect of a Director of the Board in any application for loan;  (h) \tpreparation of annual estimates of income and expenditure of the Corporation in the prescribed form and their submission to the Board and the Government for approval on prescribed date; (i) \tthe efficient conduct of the affairs of the Corporation generally. (3) All regulations made under this Article shall come into force on the date specified in each case, and shall be publis in the official Gazette and shall also be laid on the table of the Parliament.", "name": "", "related_acts": "", "section_id": 45 }, { "act_id": 444, "details": "4637A. If any difficulty arises in giving effect to any provision of this Order, the Government may, by order and in consistence with the provisions of this Order, take necessary measures for removing such difficulty.", "name": "", "related_acts": "", "section_id": 46 }, { "act_id": 444, "details": "38. Notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order, (a)\tall assets, rights, powers, authorities and privileges and all properties, movable and immovable, cash balances, bank deposits and all other rights and interests in or arising out of, such property of the House Building Finance Corporation established under the House Building Finance Corporation Act, 1952 (XVIII of 1952), shall stand transferred to and vested in the Corporation; (b) \tall liabilities and obligations of whatever kind of the said House Building Finance Corporation subsisting within the territory of Bangladesh immediately before the commencement of this Order shall, unless the Government otherwise directs, be the liabilities and obligations of the Corporation; (c) \tall suits and other legal proceedings instituted by or against the said House Building Finance Corporation unless the Government otherwise directs be deemed to have been instituted by or against the Corporation and may be continued or proceeded with accordingly; and (d)\tall rules framed and regulations made, in exercise of powers conferred under the House Building Finance Corporation Act, 1952, hereby repealed, 47shall, unless repugnant to the subject or context, be deemed to have been framed or made under this Order.", "name": "", "related_acts": "", "section_id": 47 }, { "act_id": 444, "details": "4838A. The Government may, by notification in the official gazette, publish an Authentic Bangla text of this Order.", "name": "", "related_acts": "", "section_id": 48 }, { "act_id": 444, "details": "39. The House Building Finance Corporation Act, 1952 (XVIII of 1952), is hereby repealed.", "name": "", "related_acts": "", "section_id": 49 } ], "text": "WHEREAS it is expedient to provide for the establishment of the Bangladesh House Building Finance Corporation for the purposes of providing financial facilities for the construction, repair and remodelling of houses 1and purchasing of flats or apartments 2at any place in Bangladesh. NOW, THEREFORE, 3in pursuance of paragraph 3 of the Fourth Schedule to the Constitution of the People’s Republic of Bangladesh and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-" }

{ "id": 445, "lower_text": [ "1 The words “or any officer of the Bangladesh Bureau of Anti-Corruption not below the rank of an Assistant Inspector or any officer of police” were substituted for the words “and any officer of police” by section 2 of the Bangladesh Passport (Amendment) Ordinance, 1975 (Ordinance No. LV of 1975)" ], "name": "The Bangladesh Passport Order, 1973 (President's Order).", "num_of_sections": 18, "published_date": "8th February, 1973", "related_act": [ 75 ], "repelled": false, "sections": [ { "act_id": 445, "details": "1. (1) This Order may be called the Bangladesh Passport Order, 1973. (2) It extends to the whole of Bangladesh and applies to all citizens of Bangladesh. (3) It shall come into force at once.", "name": "", "related_acts": "", "section_id": 1 }, { "act_id": 445, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a) \t“departure”, with its grammatical variations and cognate expressions, means departure from Bangladesh by water, land or air; (b) \t“Government” means the Government of the People's Republic of Bangladesh; (c) \t“passport” means a passport issued or deemed to have been issued under this Order; (d) \t“passport authority” means an officer or authority empowered under rules made under this Order to issue passports or travel documents; (e) \t“prescribed” means prescribed by rules made under this Order;  (f) \t“travel document” means a travel document issued or deemed to have been issued under this Order.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 445, "details": "3. No person shall depart or attempt to depart from Bangladesh unless he holds a valid passport or travel document.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 445, "details": "4. (1) The classes of passports and travel documents, the conditions subject to which and the forms in which a passport or a travel document shall be issued or renewed and the period for which a passport or a travel document shall be issued or renewed shall be as may be prescribed. (2) A passport or a travel document issued under this Order shall at all time remain the property of the Government.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 445, "details": "5. (1) An application for the issue of a passport or travel document, for visiting such foreign country or countries as may be specified in the application, shall be made to the passport authority in such form, containing such particulars and accompanied by such fee, if any, as may be prescribed. (2) On receipt of an application, the passport authority, after making such inquiry, if any, as it may consider necessary, shall, subject to the provisions of this Order, by order in writing issue passport or travel document, as the case may be, or refuse to issue passport or travel document or restrict the number of countries to be endorsed upon such passport or travel document.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 445, "details": "6. Subject to the provisions of this Order, the passport authority- (1) may refuse to issue a passport or travel document on any one or more of the following grounds- (a) \tthat the applicant is not a citizen of Bangladesh; (b) \tthat the applicant was convicted under the Bangladesh Collaborators (Special Tribunal) Order, 1972 (P.O. No. 8 of 1972); (c) \tthat the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in Bangladesh for any offence involving moral turpitude, and sentenced in respect thereof to imprisonment for not less than two years; (d) that the applicant was convicted or is reasonably suspected of smuggling of currency, drugs, arms, trafficking in women and slaves, foreign currency, passports or of indulging in illegal dealings involving foreign exchange, trade or commerce; (e) that the applicant is evading or likely to evade appearance in any pending proceedings against him in a criminal court in Bangladesh or that an order prohibiting the departure from Bangladesh of the applicant has been made by any such court; (f) \tthat the applicant was previously deported from abroad on account of his undesirable activity; (g) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation; (h) \tthat the applicant is likely to become destitute and his repatriation would be a charge on public funds; (i) \tthat the application has been made for a minor, suspected of being taken out of Bangladesh against an order of the court or against the wishes of the legal guardian; (j) \tthat the applicant is suffering from such mental or physical deficiency which renders him incapable of taking care of himself unless accompanied by legal guardian or an authorised person; and (2) shall refuse to issue a passport or travel document on any one or more of the following grounds- (a) \tthat the applicant, in the opinion of the Government, is likely to engage outside Bangladesh in activities prejudicial to the sovereignty, integrity or security of Bangladesh; (b) \tthat the applicant, in the opinion of the Government, is reasonably suspected of evading or attempting to evade the duty to render any service which, under any law, he is required to render in the public interest; (c) \tthat the issue of a passport or travel document to the applicant, in the opinion of the Government, will not be in the public interest.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 445, "details": "7. (1) The passport authority may vary or cancel the endorsement on a passport or travel document or the conditions, other than the prescribed conditions, subject to which a passport or travel document is issued and may, for that purpose, require the holder of a passport or travel document, by notice in writing, to deliver up such passport or travel document to it within such time as may be specified in such notice. (2) The passport authority may impound or cause to be impounded or revoke a passport or travel document,- (a) \tif the passport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof; (b) \tif the passport or travel document was obtained by suppression of material facts; (c) \tif the passport authority deems it necessary to do so in the interest of sovereignty, integrity or security of Bangladesh, or in the public interest; (d) \tif the holder of the passport or travel document has, at any time after the issue of the passport or travel document, been convicted by a court in Bangladesh for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years or if the holder of the passport or travel document has been convicted under the Bangladesh Collaborators (Special Tribunal) Order, 1972 (P.O. No. 8 of 1972); (e) \tif an order has been passed by any court in Bangladesh prohibiting the departure of the holder of the passport or travel document from Bangladesh and requiring the passport authority to impound or cause to be impounded or revoke such passport or travel document; (f) \tif any of the conditions of the passport or travel document has been contravened; (g) \tif the holder of the passport or travel document has failed to comply with a notice under clause (1) requiring him to deliver up the same. (3) The passport authority may also revoke a passport or travel document on the application of the holder thereof. (4) Where the passport authority makes an order under clause (2) of Article 5 refusing to issue passport or travel document or restricting the number of countries to be endorsed upon such passport or travel document, or makes an order varying or cancelling the endorsements on, or varying the conditions of, a passport or travel document under clause (1), or makes an order impounding or revoking a passport or travel document under clause (2), of this Article, it shall record in writing a brief statement of the reasons for making such order and furnish to the person concerned on demand a copy of the same: Provided that the passport authority may refuse in the interest of the sovereignty, integrity or security of Bangladesh, or in the public interest to furnish such a copy.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 445, "details": "8. (1) A court convicting the holder of a passport or travel document of any offence under this Order or the rules made thereunder may also revoke the passport or travel document: Provided that if the conviction is set aside on appeal or otherwise the revocation shall become void. (2) An order of revocation under clause (1) may also be made by the Supreme Court when exercising its powers of appeal or revision.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 445, "details": "9. On the revocation of a passport or travel document under this Order the holder thereof shall, without delay, surrender the passport or travel document, if the same has not already been impounded, to the authority by whom it has been revoked or to such other authority as may be specified in the order of revocation.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 445, "details": "10. Any person aggrieved by an order of the passport authority under clause (2) of Article 5 or clauses (1) and (2) of Article 7 may prefer an appeal against that order to such authority, hereinafter referred to as the appellate authority, and within such period and in such manner as may be prescribed: Provided that no appeal shall lie against any order made by the Government.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 445, "details": "11. Whoever- (a) \tcontravenes the provisions of Article 3; or (b) \tknowingly furnishes any false information or suppresses any material fact with a view to obtaining a passport or travel document under this Order or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or (c) \tfails to produce for inspection his passport or travel document (whether issued under this Order or not) when called upon to do so by the prescribed authority; or (d) \tknowingly uses a passport or travel document issued to another person; or (e) \tknowingly allows another person to use a passport or travel document issued to him, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka two thousand, or with both. (2) Whoever abets any offence punishable under clause (1) shall be liable to punishment provided in that clause for that offence. (3) Whoever contravenes any condition of a passport or travel document or any provision of this Order or any rule made thereunder for which no punishment is provided elsewhere in this Order shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Taka five hundred, or with both.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 445, "details": "12. (1) Any officer of customs empowered in this behalf by a general or special order of the Government 1or any officer of the Bangladesh Bureau of Anti-Corruption not below the rank of an Assistant Inspector or any officer of police not below the rank of a Sub-Inspector may search any place and seize any passport or travel document from any person or arrest such person without warrant if a reasonable suspicion exists that he has committed any offence punishable under Article 11. (2) The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), relating to search and seizure and arrest shall, so far as may be, apply to search and seizure and arrest under this Article.", "name": "", "related_acts": "75", "section_id": 12 }, { "act_id": 445, "details": "13. No suit, prosecution or other legal proceedings shall lie against the Government or any officer or authority for anything which is in good faith done or intended to be done under this Order.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 445, "details": "14. Upon the issue of a notification by the Government that a foreign country is – (a) \ta country which is committing external aggression against Bangladesh; or (b) \ta country assisting the country committing external aggression against Bangladesh; or (c) \ta country where armed hostilities are in progress; or (d) \ta country to which travel must be restricted in the public interest because such travel would seriously impair the conduct of foreign affairs of the Government, a passport or travel document for travel through or visiting such country shall cease to be valid for such travel or visit unless in any case a special endorsement in that behalf is made by the prescribed authority.", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 445, "details": "15. Notwithstanding anything contained in the foregoing provisions relating to issue of a passport or travel document, the Government may issue, or cause to be issued, a passport or travel document to a person who is not a citizen of Bangladesh if the Government is of the opinion that it is necessary so to do in the public interest.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 445, "details": "16. The Government may, by notification in the official Gazette, direct that any power or function which may be exercised or performed by it under this Order, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed- (a) \tby such officer or authority subordinate to the Government; or (b) \tin any foreign country in which there is no diplomatic mission of Bangladesh, by such foreign Consular Officer, as may be specified in the notification.", "name": "", "related_acts": "", "section_id": 16 }, { "act_id": 445, "details": "17. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Order. (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 appointment, jurisdiction, control and functions of passport authorities; (b) \tthe form and particulars of application for the issue or renewal of a passport or travel document or for endorsement on a passport or travel document and where the application is for the renewal, the time which it shall be made; (c) \tthe period for which passports and travel documents shall continue in force; (d) \tthe form in which and the conditions subject to which the different classes of passports and travel documents may be issued, renewed or varied; (e) \tthe fees payable in respect of any application for the issue or renewal of a passport or travel document or for varying any endorsement or making a fresh endorsement on passport or a travel document and the fees payable in respect of any appeal under this Order; (f) \tthe appointment of appellate authorities under Article 10, the jurisdiction of, and the procedure which may be followed by, such appellate authorities; (g) \tthe services (including the issue of a duplicate passport or travel document lost, damaged or destroyed) which may be rendered in relation to a passport or travel document and the fees therefore; (h) \tany other matter which is to be or may be prescribed or in respect of which this Order makes no provision or makes insufficient provision and provision is, in the opinion of the Government, necessary for the proper implementation of the Order.", "name": "", "related_acts": "", "section_id": 17 }, { "act_id": 445, "details": "18. (1) Every passport and every travel document issued by or under the authority of the Government before the commencement of this Order and in force immediately before such commencement shall be deemed to have been issued under this Order and shall, subject to the provisions of this Order, continue in force- (a) \tfor the unexpired portion of the period for which such passport or travel document had been issued; or (b)\tfor a period of five years from such commencement, whichever is less.", "name": "", "related_acts": "", "section_id": 18 } ], "text": "WHEREAS it is expedient to provide for the issue of passports and travel documents to regulate, in the public interest, the departure from Bangladesh of citizens of Bangladesh and other persons and for matters incidental or ancillary thereto; NOW, THEREFORE, in pursuance of paragraph 3 of the Fourth Schedule to the Constitution of the People’s Republic of Bangladesh, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-" }

{ "id": 446, "lower_text": [ "1 Sub-clause (b) was substituted by section 2 of the University Grants Commission of Bangladesh (Amendment) Act, 1998 (Act No. 17 of 1998)", "2 Clause (3) was substituted by section 3 of the University Grants Commission of Bangladesh (Amendment) Act, 1998 (Act No. 17 of 1998)" ], "name": "The University Grants Commission of Bangladesh Order, 1973 (President's Order)", "num_of_sections": 15, "published_date": "15th February, 1973", "related_act": [], "repelled": false, "sections": [ { "act_id": 446, "details": "1. (1) This Order may be called the University Grants Commission of Bangladesh Order, 1973. (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, 1972.", "name": "", "related_acts": "", "section_id": 1 }, { "act_id": 446, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a) \t“Chairman” means the Chairman of the Commission; (b)\t“Commission” means the University Grants Commission of Bangladesh constituted by this Order; (c) \t“Government” means the Government of the People's Republic of Bangladesh; (d) \t“prescribed” means prescribed by rules or regulations made under this Order.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 446, "details": "3. On the commencement of this Order, there shall be constituted a Commission to be called the University Grants Commission of Bangladesh.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 446, "details": "4. (1) The Commission shall consist of the following members, namely:- Full-time members- (a) \ta Chairman to be appointed by the Government; 1(b) at least two, but not exceeding five, as may be determined by the Government, other members to be appointed by the Government; Part-time members- (c)\tthree Vice-Chancellors of the Universities by rotation; (d) \tthree Deans or Professors of the Universities by rotation; (e) \tthree members to be nominated by the Government, of whom one shall be a member of the Planning Commission, one shall be the Secretary, Ministry of Education and Cultural Affairs, and the other shall be a representative of the Ministry of Finance not below the rank of a Secretary. (2) The Chairman and other full-time members of the Commission shall be appointed from amongst persons who are eminent educationists or who have acquired extensive experience of University administration or who have achieved academic distinctions: Provided that a person serving under the Government shall not be eligible for appointment as a Chairman or other full-time member of the Commission. (3) The Chairman and other full-time members of the Commission shall hold office for a period of four years on such terms and conditions as the Government may determine: Provided that the Chairman shall be eligible for holding office for a second term. (4) The three Vice-Chancellors shall hold office as members of the Commission for a period of two years by rotation in such manner and order as may be determined by the Vice-Chancellors of the Universities. (5) The three Deans or Professors shall hold office as members of the Commission for a period of two years by rotation in such manner and order as may be determined by the Vice-Chancellors of the Universities: Provided that such Deans or Professors shall be from the Universities whose Vice-Chancellors are not members of the Commission. (6) The two part-time members of the Commission nominated by the Government shall hold office for such period as the Government may determine. (7) The Chairman shall not be removed from his office except on the like grounds and in the like manner as a Judge of the High Court, but any other full-time member may be removed from his office by the Government after consultations with the Chairman. (8) No act or proceeding of the Commission shall be invalid merely on the ground of existence of any vacancy in, or any defect in the constitution of, the Commission.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 446, "details": "5. (1) The Commission shall- (a) \tassess the needs in the field of University education and formulate plans for the development of such education; (b) \tdetermine the financial needs of the Universities; (c) \treceive funds from the Government and allocate and disburse, out of such funds, grants to the Universities for their maintenance and development; (d)\tevaluate the programmes under implementation for development of University teaching departments, institutes and other constituent institutions;  (e) \texamine all kinds of University development plans; (f) \tcollect statistical and other information on University matters; (g) \tadvise the Government on the establishment of new Universities or on proposals for expansion of the existing Universities; (h) \tadvise the Government on proposals to grant the right to confer special degree-awarding status on colleges which may be considered suitable for such status; (i) \texercise such other powers and perform such other functions as may be conferred on it by any law or by the Government. (2) The Commission shall have the right to visit the Universities or to have them visited by teams of experts as and when necessary for evaluating their programmes and assess their needs and requirements. (3) If any University fails within a reasonable time to comply with any recommendation made by the Commission, the Commission may, after taking into consideration the cause, if any, withhold from the University the grants proposed to be made out of the Fund of the Commission.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 446, "details": "6. (1) Save as hereinafter provided, the Commission shall regulate the procedure for its meetings. (2) The meetings of the Commission shall be called by the Chairman on such date and at such time and place as may be specified by him. 2(3) To constitute a quorum at a meeting of the Commission, not less than one-third of the total number of members, including one full-time member, shall be present. (4) At a meeting of the Commission each member shall have one vote and in the event of equality of votes the Chairman shall have a second or casting vote. (5) All meetings of the Commission shall be presided over by the Chairman and, in the absence of the Chairman, by a member of the Commission authorised in writing by the Chairman.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 446, "details": "7. The Commission may appoint such officers and other 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": 7 }, { "act_id": 446, "details": "8. The Government shall, after due appropriation made under law in this behalf, pay to the Commission in each financial year such sums as may be considered necessary for the maintenance and the improvement of Universities or for the promotion of higher education and research and for the purpose of all other functions of the Commission under this Order.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 446, "details": "9. The Commission shall have its own Fund which shall comprise- (a)\tgrants from the Government; (b) \tloans from the Government; (c) \tdonations and endowments; and (d) \treceipts of the Commission from such other sources as may be approved by the Government.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 446, "details": "10. The Commission shall, by such date in each year as may be prescribed, submit to the Government for approval, a budget in the prescribed form for such financial year showing the estimated receipts and expenditure and the sums which are likely to be required from the Government.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 446, "details": "11. (1) The Commission shall cause to be maintained such books of account and other books in relation to its account in such form and in such manner as may, in consultation with the Comptroller and Auditor-General of Bangladesh (hereinafter referred to as the Auditor-General), be prescribed. (2) The Commission shall, as soon as may be after closing its annual accounts, prepare a statement of accounts in such form, and forward the same to the Auditor-General by such date, as the Government may, in consultation with the Auditor-General, determine. (3) The accounts of the Commission shall be audited by the Auditor-General at such times and in such manner as he thinks fit. (4) The annual accounts of the Commission together with the audit report thereon shall be forwarded to the Government and the Government shall cause the same to be laid before Parliament and shall also forward a copy of the audit report to the Commission for taking suitable action on the matters arising out of the audit report.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 446, "details": "12. The Commission shall, not later than the first day of March each year, prepare a report on its activities during the year ending on the previous thirty-first day of December and submit it to the Government; and the Government shall cause the report to be laid before Parliament.", "name": "", "related_acts": "", "section_id": 12 }, { "act_id": 446, "details": "13. In the event of any dispute arising between the Commission and a University out of an action of the Commission which is considered by the University concerned to have adversely affected its interest, an appeal shall lie with the President: Provided that such an appeal shall be submitted through the Commission which shall forward the appeal along with its views to the President within the shortest possible time.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 446, "details": "14. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Order.", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 446, "details": "15. (1) The Commission may, with the 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": 15 } ], "text": "WHEREAS it is expedient to provide for the constitution of a University Grants Commission and for matters connected therewith; NOW, THEREFORE, in pursuance of paragraph 3 of the Fourth Schedule to the Constitution of the People’s Republic of Bangladesh, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following order:-" }

{ "id": 447, "lower_text": [ "1 Clause (h) was substituted by section 2 of the University Laws (Amendment) Act, 1987 (Act No. XXXVI of 1987)", "2 Sub-section (4) was added by section 2 of the Universities Laws Amendment Act, 1980 (Act No. I of 1980)", "3 Clause (2) was substituted by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975)", "4 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 2 of the Dacca University (Amendment) Ordinance, 1977 (Ordinance No. XXXII of 1977)", "5 Article 13 was substituted by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975)", "6 The words “one or more Pro-Vice-Chancellors” were substituted for the words “a Pro-Vice-Chancellor” by section 2 of the Dhaka University (Amendment) Act, 1999 (Act No. VII of 1999)", "7 Sub-section (1) was substituted by section 3 of the Dacca University (Amendment) Ordinance, 1977 (Ordinance No. XXXII of 1977)", "8 Clauses (b) and (bb) were substituted for former clause (b) by section 2 and the Schedule of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975)", "9 Clause (b) was substituted by section 3 of the Dhaka University (Amendment) Act, 1999 (Act No. VII of 1999)", "10 Clause (b) was substituted by section 4 of the Dhaka University (Amendment) Act, 1999 (Act No. VII of 1999)", "11 Clause (aa) was substituted by section 5 of the Dhaka University (Amendment) Act, 1999 (Act No. VII of 1999)", "12 The words “Business studies” were substituted for the word “Commerce” by section 2 of the Dhaka University (Amendment) Act, 1995 (Act No. XVII of 1995)", "13 The words “and Associate Professors” were inserted by section 2 of the Dacca University (Amendment) Act, 1981 (Act No. V of 1981)", "14 Clause (a) was substituted by section 6 of the Dhaka University (Amendment) Act, 1999 (Act No. VII of 1999)", "15 Sub-clause (e) was substituted by section 3 of the Dacca University (Amendment) Act, 1981 (Act No. V of 1981)", "16 The words “The Pro-Vice-Chancellor or the Pro-Vice-Chancellors so nominated” were substiturted for the words “The Pro-Vice-Chancellor of the University” by section 6 of the Dhaka University (Amendment) Act, 1999 (Act No. VII of 1999)", "17 Clause (aa) was inserted by section 7 of the Dhaka University (Amendment) Act, 1999 (Act No. VII of 1999)", "18 The words “Bachelor of Business Studies” were substituted for the words “Bachelor of Commerce” by section 3 of the Dhaka University (Amendment) Act, 1995 (Act No. XVII of 1995)", "19 Article 55 was substituted by section 2 of the Universities Laws Amendment Ordinance, 1975 (Ordinance No. LXII of 1975)" ], "name": "The Dhaka University Order, 1973 (President's Order).", "num_of_sections": 61, "published_date": "15th February, 1973", "related_act": [ 509 ], "repelled": false, "sections": [ { "act_id": 447, "details": "1. (1) This Order may be called the Dhaka University Order, 1973. (2) It shall come into force at once and shall be deemed to have taken effect on the 16th day of December, 1972.", "name": "", "related_acts": "", "section_id": 1 }, { "act_id": 447, "details": "2. In this Order, and in all Statutes made hereunder, unless there is anything repugnant in the subject or context,- (a) \t“Academic Council” means the Academic Council constituted under this Order; (b)\t“affiliated college” means an institution recognized by, and affiliated to, the University, in accordance with the provisions of this Order, the Statutes and the University Ordinances; (c)\t“constituent college” means a college recognized as such by the University; (d)\t“Commission” means the University Grants Commission of Bangladesh constituted under the University Grants Commission of Bangladesh Order, 1973; (e)\t“Government” means the Government of the People's Republic of Bangladesh;  (f)\t“Hall” means a unit of residence for students of the University provided or maintained by the University for the corporate life and extra curricular instructions of its students; (g)\t“Hostel” means a unit of residence for the students of the University provided otherwise than by the University, and not maintained by the University but approved and licenced by the University in accordance with the provisions of this Order; (h)\t“prescribed” means prescribed by Statutes, University Ordinances or Regulations; (i)\t“provost” means the head of a Hall; (j)\t“registered graduate” means a graduate registered under the provisions of this Order; (k)\t“Senate” means the senate constituted under this Order; (l)\t“Statutes”, “University Ordinances” and “Regulations” mean respectively the Statutes, Ordinances and Regulations of the University for the time being in force; (m) “Syndicate” means the Syndicate constituted under this Order; (n)\t“teachers” include Professors, Associate Professors, Assistant Professors and Lecturers of the University and any other person declared to be teacher by the University; (o)\t“University” means the University of Dhaka; (p)\t“Warden” means the head of a Hostel; and (q)\t“year” means academic year beginning on the 1st day of July.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 447, "details": "3. (1) The University shall consist of the Chancellor, the Vice-Chancellor and member of the Senate, the Syndicate and the Academic Council. (2) The University shall be a body corporate by the name of the University of Dhaka 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.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 447, "details": "4. The University shall have the powers:- (a)\tto provide for instruction in such branches of learning as the University may think fit, and to make provisions for research and for advancement and dissemination of knowledge; (b) \tto affiliate and disaffiliate colleges; (c) \tto prescribe courses of studies to be conducted by the University or the affiliated colleges; (d) \tto hold examinations and to grant and confer certificates, diplomas, degrees and other academic distinctions to and on persons who- (i)\tshall have pursued a course of study prescribed by the University, or (ii)\tare teachers in educational institutions, under conditions laid down in the University Ordinances and Regulations, and shall have passed the examinations of the University under like conditions; (e)\tto confer honorary degrees or other distinctions on persons in the manner laid down in the Statutes; (f) \tto grant such diplomas to, and to provide such lectures and instructions for, persons not being students of the University, as the University may determine; (g)\tto co-operate with other Universities and authorities in such manner and for such purposes as the University may determine; (h)\tto institute Professorships, Associate Professorships, Assistant Professorships, Lecturerships, and any other teaching posts required by the University, and to appoint persons to such posts and such other teaching posts; (i) \tto institute and award fellowships, scholarships, exhibitions and prizes in accordance with the Statutes and the Regulations;  (j) \tto set up and maintain academic museums, schools and institutes for the development of teaching and research; (k) \tto institute and maintain Halls for the residence of the students of the University and to approve and license Hostels maintained by other persons for the residence of such students; (l) \tto demand and receive such fees as may be prescribed by the University Ordinances; (m)\tto supervise and control the residence and discipline of the students of the University, to regulate their extra-curricular activities and to make arrangements for promoting their health; and (n)\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 University as an affiliating, teaching and examining body and to cultivate and promote arts, science and other branches of learning.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 447, "details": "5. Save as otherwise provided in this Order, the powers conferred by or under this Order on the University shall extend to the whole of Dhaka Division and Bakerganj and Patuakhali Districts of Khulna Division and no institution lying therein, and imparting education above the Intermediate stage, shall remain affiliated to or be admitted to the privileges of, any other University: Provided that nothing in this Article shall preclude the Government from setting up other University or Universities, or special Boards for the conduct of examinations and affiliating educational institution in regard to such courses of instruction and training as it deems fit: Provided further that the University shall have the power to frame statutes for constituting one Governing Body for affiliated college or constituent college.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 447, "details": "6. The University shall be open to all persons of either sex and of whatever religion, race, creed, class or colour.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 447, "details": "7. (1) All recognised teaching in connection with the University courses shall be conducted by the University, and shall include lectures, work in the laboratories or workshops and other teaching conducted by the Professors, Associate Professors, Assistant Professors, Lecturers and other teachers thereof in such manner as may be provided by the University Ordinances. (2) The authorities responsible for organising such teaching shall be prescribed by the Statutes. (3) The courses and curricula shall be prescribed by the University Ordinances and the Regulations. (4) Recognised teaching shall be supplemented by tutorial instruction given in accordance with the provisions by the University Ordinances and Regulations.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 447, "details": "8. (1) The Commission shall have the right to cause an inspection by such person as it may direct, of the University, its buildings, laboratories and equipment, and of any institutions associated with the University, and also of the examinations, teaching and other work conducted or done by the University and to cause an enquiry to be made in like manner in respect of any matter connected with the University. (2) The Commission shall in every case give notice to the University of its intention to cause an inspection or enquiry to be made and the University shall be entitled to be represented thereat. (3) The Commission shall communicate to the Syndicate its views with reference to the results of any such inspection or enquiry, and shall advise the University upon the action to be taken in that behalf. (4) The Syndicate shall report to the Commission the action, if any, which is proposed to be taken or has been taken upon the results of its inspection or enquiry.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 447, "details": "9. The following shall be the officers of the University:- (a) \tthe Chancellor;  (b) \tthe Vice-Chancellor; (c) \tthe Pro-Vice-Chancellor; (d) \tthe Treasurer; (e) \tthe Registrar; (f) \tthe Deans; (g) \tthe Inspector of Colleges; 1(h) \tthe Director (Planning and Development); (i)\tthe Director of Students Counselling and Guidance; (j) \tthe Provosts; (k) \tthe Proctor; (l) \tthe Deputy Registrar (Academic); (m)\t the Deputy Registrar (Administration); (n)\tthe Chief Engineer; (o) \tthe Controller of Examinations; (p) \tthe University Engineer; (q) \tthe Development Officer; (r) \tthe Director of Accounts; and (s) \tsuch other officers as may be declared by the Statutes to be officers of the University.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 447, "details": "10. (1) The President of the People's Republic of Bangladesh shall be the Chancellor of the University and shall preside at the convocation of the University for award of academic and honorary degrees, and in his absence the Vice-Chancellor shall preside at such convocations. (2) The Chancellor shall have such powers as may be conferred on him by this Order or the Statutes. (3) Every proposal for the conferment of an honorary degree shall be subject to the confirmation of the Chancellor. 2(4) The President may, if he thinks fit, direct that the powers of the Chancellor under this Order shall be exercised by such person as he may authorise in this behalf; and the powers exercised by the person so authorised shall be expressed to have been exercised in the name of the Chancellor.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 447, "details": "11. (1) The Vice-Chancellor shall be appointed by the Chancellor for a period of four years from a panel of three persons to be nominated by the Senate on such terms and conditions as may be determined by the Chancellor, and shall be eligible for re-appointment for a further period of four years. 3(2) Where any temporary vacancy in the office of the Vice-Chancellor occurs by reason of leave, illness, resignation or any other cause, the Chancellor shall make such arrangements for carrying on duties of the office of the Vice-Chancellor as he may think fit.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 447, "details": "12. (1) The Vice-Chancellor shall be whole time principal executive and academic officer of the University and shall be Chairman of the Senate, the Syndicate and the Academic Council. He shall be entitled to be present and to speak at any meeting of any authority but, shall not be entitled to vote thereat unless he is a member of the authority concerned. (2) The Vice-Chancellor shall convene meetings of the Senate, the Syndicate and the Academic Council and shall preside over them. (3) Notwithstanding any provision contained in this Order or in any law for the time being in force, the Vice-Chancellor may, in any emergency which, in his opinion, requires immediate action, take such action as he deems necessary, and shall within seven days thereafter report his action to the officer or authority who or which, in the ordinary course, would have dealt with the matter. (4) The Vice-Chancellor shall, if he does not agree with the resolution of any authority of the University, have the power to withhold implementation of the resolution and refer it back to the authority concerned, with his opinion thereon, for reconsideration in its next regular meeting. If in the process of reconsideration the authority concerned does not agree with the Vice-Chancellor, the decision of the Syndicate shall be final. (5) The Vice-Chancellor shall give effect to the orders of the Syndicate regarding the appointment, dismissal and suspension of the officers and teachers of the University, and shall exercise general control over the members of the University, and shall be responsible for the discipline of the University in accordance with this Order, the Statutes and University Ordinances. (6) The Vice-Chancellor shall have the power to appoint, on a purely temporary basis, ordinarily for a period of not more than six months, officers (excepting the Pro-Vice-Chancellor and the Treasurer), teachers and administrative and subordinate staff and report such action to the Syndicate 4: Provided that, if a temporary appointment cannot be regularised within the period for which it was made, such period may be extended, with the prior approval of the Syndicate, for a further period of three months on the expiry of which the temporary appointment shall stand terminated. (7) The Vice-Chancellor may, with the approval of the Syndicate, delegate such of his powers and functions as he may consider necessary to such officer of the University as he may deem fit. (8) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes and the University Ordinances.", "name": "", "related_acts": "", "section_id": 12 }, { "act_id": 447, "details": "513. (1) The Chancellor may, if he deems fit so to do, appoint 6one 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 Ordinances.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 447, "details": "14. 7(1) The Treasurer shall be a whole time salaried officer and shall be appointed by the Chancellor on such terms and conditions as may be determined by the Chancellor. (2) Where any temporary vacancy in the office of the Treasurer occurs by reason of leave, illness or other cause, the Syndicate shall forthwith report the same to the Chancellor, who shall make such arrangements for carrying on the office of the Treasurer as he may think fit. (3) The Treasurer shall exercise general supervision over the funds of the University, and shall advise in regard to its financial policy. (4) He shall, subject to the control of the Syndicate, manage the property and investments of the University; and shall be responsible for the presentation of the annual budget estimates and statement of accounts. (5) Subject to the powers of the Syndicate, the Treasurer shall be responsible for seeing that all monies are expended on the purpose for which they are granted or allotted. (6) All contracts shall be signed by the Treasurer on behalf of the University. (7) He shall exercise such other powers as may be prescribed by the Statutes and the University Ordinances.", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 447, "details": "15. The Registrar shall act as Secretary of the Senate, the Syndicate and the Academic Council. He shall maintain a register of registered graduates in accordance with the Statutes and shall exercise such other powers as may be prescribed by the Statutes and the University Ordinances.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 447, "details": "16. The Inspector of Colleges shall perform such duties as may be prescribed by the Statutes and the University Ordinances.", "name": "", "related_acts": "", "section_id": 16 }, { "act_id": 447, "details": "17. The Controller of Examinations shall be responsible for all matters connected with the conduct of examinations and shall perform such other duties as may be prescribed by the Statutes and the University Ordinances.", "name": "", "related_acts": "", "section_id": 17 }, { "act_id": 447, "details": "18. The powers of officers of the University other than the Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, the Treasurer and the Registrar, shall be prescribed by the Statutes and the University Ordinances.", "name": "", "related_acts": "", "section_id": 18 }, { "act_id": 447, "details": "19. The following shall be the authorities of the University:- (a) \tthe Senate; (b) \tthe Syndicate; (c) \tthe Academic Council; (d) \tthe Faculties; (e) \tthe Committees of Courses; (f) \tthe Boards of Advanced Studies; (g) \tthe Finance Committee; (h) \tthe Planning and Development Committee;  (i) \tthe Selection Boards; and (j) \tsuch other authorities as may be declared by the Statutes to be authorities of the University.", "name": "", "related_acts": "", "section_id": 19 }, { "act_id": 447, "details": "20. (1) The senate shall consist of the following persons:- (a)\tthe Vice-Chancellor; 8 9(b) \tthe Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors; (bb) \tthe Treasurer; (c)\tfive Government officials to be nominated by the Government; (d) \tfive members of Parliament to be nominated by the Speaker; (e) \tfive distinguished educationists to be nominated by the Chancellor; (f) \tfive representatives of research bodies to be nominated by the Syndicate; (g) \tfive Principals of colleges to be nominated by the Academic Council from among the Principals of the affiliated and constituent colleges; (h) \tten teachers of colleges to be nominated by the Academic Council from among teachers of the affiliated and constituent colleges; (i) \tthe Chairman of the Board of Intermediate and Secondary Education, Dhaka; (j) \ttwenty-five representatives of registered graduates to be elected by such graduates from among themselves;  (k) \tthirty-five representatives of teachers of the University to be elected in a special meeting of the University teachers; (l) \tfive representatives of the students to be nominated by the University Central Students Union. (2) The members of the Senate, other than the student members, shall hold office for a period of three years. The student members shall hold office for a period of one year, but shall continue in office till their successors having been elected, nominated or appointed, enter upon the office: Provided that the Members of Parliament, the Government officials, the principals and teachers of the Colleges, registered graduates, teachers of the University and representatives of research bodies shall hold office so long as they continue to be a Member of Parliament, Government officials, Principal of a College, teacher of a College, registered graduate, teacher of the University or associated with any research body: Provided further that the student members shall lose membership if they cease to be students of the University. (3) The election of members of the Senate shall be held in such manner as may be prescribed by the Statutes.", "name": "", "related_acts": "", "section_id": 20 }, { "act_id": 447, "details": "21. (1) The Senate shall, on a date to be fixed by the Vice-Chancellor, meet once in a year at a meeting to be called the annual meeting of the Senate. (2) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than thirty members of the Senate, convene a special meeting of the Senate.", "name": "", "related_acts": "", "section_id": 21 }, { "act_id": 447, "details": "22. Subject to the provisions of this Order, the Senate shall- (a)\tratify the Statutes on the proposals of the Syndicate; (b) \tconsider and pass resolutions on the annual report, the annual accounts and the financial estimates presented by the Syndicate; and  (c) \texercise such other powers and perform such other duties as may be conferred or imposed upon it by this Order or the Statutes.", "name": "", "related_acts": "", "section_id": 22 }, { "act_id": 447, "details": "23. (1) The Syndicate shall be the executive body of the University and shall consist of the following persons, namely:- (a)\tthe Vice-Chancellor; 10(b) \tthe Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors; (c) \ttwo Principals of Colleges to be nominated by the Academic Council; (d) \tsix teachers of the University to be elected by such teachers from among themselves; (e) \ttwo representatives of the Senate, one being a registered graduate and the other an educationist, to be elected by the Senate from among the members of the Senate; (f) \tthree persons to be nominated by the Chancellor; (g) \tone Government official, not below the rank of a Secretary, to be nominated by the Government; (h) \tone distinguished citizen to be nominated by the Senate from outside its membership. (2) The elections of members of the Syndicate shall be held in such manner as may be prescribed by the Statutes: Provided that the teachers of the University to be elected under sub-clause (d) of clause (1), one shall be elected from each of the following categories, namely:- (i)\tDeans; (ii) \tprovosts;  (iii)\tProfessors; (iv)\tAssociate Professors; (v)\tAssistant Professors; and (vi)\tLecturers. (3) The members of the Syndicate shall hold office for a term of two years, but shall continue in office till their successors having been elected or nominated enter upon the office: Provided that the Principals of Colleges, teachers of the University, representatives of the Senate and Government nominee shall hold office so long as they continue to be such Principals, teachers, members and official.", "name": "", "related_acts": "", "section_id": 23 }, { "act_id": 447, "details": "24. The Syndicate shall- (a)\thold, control and administer the property and funds of the University, and shall, from time to time, obtain advice from the Finance Committee on financial matters; (b) \tdetermine the form of the Common Seal of the University, the authority in whose custody it shall be kept and the manner in which it shall be used; (c) \tregulate and determine, subject to the powers conferred by this Order on the Vice-Chancellor, all matters concerning the University in accordance with this Order, the Statutes and the University Ordinances: Provided that no action shall be taken by the Syndicate in respect of the fees paid to examiners and emoluments of teachers without consulting the Academic Council; (d)\tlay before the Commission annually a full statement of all the bequests received by it and the financial requirements of the University; (e) \tadminister any funds placed at the disposal of the University for specific purposes;  (f) \tappoint, save as otherwise provided by this Order or the Statutes, the officers, teachers, Ministerial and other staff of the University, and define their duties and the conditions of their service, and fill up temporary vacancies in their posts; (g) \taffiliate or disaffiliate, subject to the Statutes, a college or institute and approve or withdraw approval of a hostel not maintained by the University; (h) \tarrange for, and direct the inspection of all affiliated colleges or institutes and hostels; (i) \taccept bequests, donations and transfer of any movable or immovable property on behalf of the University; (j) \tarrange for the holding of, and publish the results of, the University examinations; (k) \texercise such other powers and perform such other duties as may be conferred or imposed on it by this Order or the Statutes; and (l) \texercise all other powers of the University not otherwise provided for by this Order or the Statutes.", "name": "", "related_acts": "", "section_id": 24 }, { "act_id": 447, "details": "25. The Academic Council shall be the academic body of the University, and shall, subject to the provisions of this Order, the Statutes and the University Ordinances, have the control and general supervision over, and be responsible for maintenance of standards of, instruction, education and examination within the University, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes. It shall have the right to advise the Syndicate on all academic matters.", "name": "", "related_acts": "", "section_id": 25 }, { "act_id": 447, "details": "26. (1) The Academic Council shall consist of the following- Ex-officio members : (a) \tthe Vice-Chancellor; 11(aa) the Pro-Vice-Chancellor or, if there is more than one, all the Pro-Vice-Chancellors; (b) \tthe Deans of the Faculties; (c) \tthe Professors and the Heads of Departments; (d) \tthe Directors of the University Institutes; (e) \tthe Librarian of the University; Nominated members: (f)\tTen Principals of Colleges to be nominated by the Chancellor; (g) \tnot more than ten members, to be nominated by the Chancellor, so as to make the Academic Council representative of the various educational interests; and Elected members: (h)\tthree Associate Professors and three teachers other than Professors, Heads of the Departments and Associate Professors to be elected by the teachers themselves. (2) Members other than ex-officio members shall hold office for a period of two years and shall continue in office until their successors having been nominated or elected enter upon the office: Provided that the Principals of Colleges, Associate Professors, Assistant Professors, Lecturers or teachers, nominated or elected as such shall hold office so long as they continue to be such Principals, Associate Professors, Assistant Professors, Lecturers or teachers.", "name": "", "related_acts": "", "section_id": 26 }, { "act_id": 447, "details": "27. (1) The University shall include the Faculties of Arts, Science, Social Sciences, 12Business Studies, Law, Medicine, Fine Arts and such other Faculties (whether formed by the division or combination of an existing Faculty or Faculties, or by the creation of a new Faculty or otherwise) as may be prescribed by the Statutes and each Faculty shall, subject to the control of the Academic Council, have charge of the teaching and the courses of study and the research work in such subjects as may be assigned to such Faculty by the University Ordinances. (2) The constitution and powers of the Faculties shall be prescribed by the Statutes. (3) The Faculties shall be advisory bodies and their decisions shall be submitted to the Syndicate through the Academic Council for implementation. (4) There shall be a Dean of each Faculty, who shall, subject to the control and general supervision of the Vice-Chancellor, be responsible for the due observance of the Statutes, University Ordinances and Regulations relating to the Faculty. (5) The Dean of a Faculty shall be elected from among the Professors 13and Associate Professors by all teachers belonging to the Departments within the Faculty and shall hold office for two academic years. (6) The Faculties shall recommend creation of posts up to the Assistant Professorship. Creation of higher posts shall be with the concurrence of the Boards of Advanced Studies.", "name": "", "related_acts": "", "section_id": 27 }, { "act_id": 447, "details": "28. (1) The Head of every teaching Department, hereinafter referred to as the Department, shall be called the Chairman who shall be appointed in such manner as may be prescribed by the Statutes. (2) The Chairman of a Department shall be responsible to plan, organise and co-ordinate the work of the Department and shall be responsible to the Dean for the organisation and teaching in his Department subject to such directions as may be given from time to time by the Vice-Chancellor.", "name": "", "related_acts": "", "section_id": 28 }, { "act_id": 447, "details": "29. (1) There shall be two kinds of Committees of Courses –One for courses to be offered by the Departments of the University and the other for courses to be offered by Colleges. (2) The first kind of Committee shall consist of all the teachers of the Department concerned and the second kind of Committee shall consist of such number of teachers of the Department and the Colleges as may be nominated by the Vice-Chancellor: Provided that the majority of the members of the second kind of Committee shall be the teachers of the Colleges. (3) A Committee of courses shall be responsible for preparation of courses and syllabuses and such other work as may be assigned to it by the Statutes and the University Ordinances.", "name": "", "related_acts": "", "section_id": 29 }, { "act_id": 447, "details": "30. There shall be Boards of Advanced Studies for organising post-graduate studies in the University which shall be constituted in such manner as may be prescribed by the Statutes.", "name": "", "related_acts": "", "section_id": 30 }, { "act_id": 447, "details": "31. (1) The Finance Committee shall consist of the following:- 14(a) \tthe Pro-Vice-Chancellor or, if there is more than one, the Pro-Vice-Chancellor to be nominated by the Chancellor; (b)\tthe Treasurer; (c) \tone person to be nominated by the Syndicate; (d)\tone Dean to be nominated by the Academic Council; 15(e) one teacher of the University to be elected by the teachers from among themselves in such manner as may be prescribed by the Statutes;  (f) \tone person to be nominated by the Senate; (g) \ttwo experts in the field of finance to be nominated by the Syndicate. (2) The 16The Pro-Vice-Chancellor or the Pro-Vice-Chancellors so nominated of the University shall be the Chairman of the Finance Committee. (3) A nominated or elected member of the Finance Committee shall hold office for a period of two years. (4) The Finance Committee shall- (a)\tsupervise the income and expenditure of the University; (b) \tadvise the Syndicate on all matters relating to accounts, property and funds of the University; (c) \tperform such other functions as may be assigned to it by the Vice-Chancellor, the Senate, the Syndicate or the Academic Council, or prescribed by the Statutes.", "name": "", "related_acts": "", "section_id": 31 }, { "act_id": 447, "details": "32. (1) The Planning and Development Committee shall consist of the following:- (a)\tthe Vice-Chancellor; 17(aa) \tthe Pro-Vice-Chancellor or, if there is more than one, the Pro-Vice-Chancellor to be nominated by the Chancellor; (b) \tthe Treasurer; (c) \tfour Deans of the Faculties by rotation; (d) \tone architect, one engineer and one expert in the field of finance to be nominated by the Syndicate. (2) The four Deans shall hold office as members of the Planning and Development Committee for a period of one year by rotation in such manner and in such order as may be prescribed by the Statutes. (3) The nominated members of the Planning and Development Committee shall hold office for a period of two years. (4) The functions of the Planning and Development Committee shall be- (a)\tto examine all development plans and schemes of the University and to advise the Syndicate thereon; (b) \tto perform such other functions as may be assigned to it by the Vice-Chancellor, the Senate, the Syndicate or the Academic Council, or prescribed by the Statutes.", "name": "", "related_acts": "", "section_id": 32 }, { "act_id": 447, "details": "33. (1) There shall be Selection Boards for recommending the appointment of Professors, Associate Professors, Assistant Professors, Lecturers and other teachers of the University in various subjects. (2) The constitution and functions of the Selection Boards shall be such as may be prescribed by the Statutes.", "name": "", "related_acts": "", "section_id": 33 }, { "act_id": 447, "details": "34. The constitution, powers and duties of other authorities declared by the Statutes to be authorities of the University shall be prescribed by the Statutes.", "name": "", "related_acts": "", "section_id": 34 }, { "act_id": 447, "details": "35. (1) A college seeking affiliation to the University shall make a written application to the Inspector of Colleges so as to reach him not later than the 15th October preceding the academic year from which the affiliation sought is to take effect: Provided that the Vice-Chancellor may, in special circumstances, direct that an application seeking such affiliation received after the aforesaid date be entertained. (2) A college applying for affiliation shall satisfy the University to the effect that- (a)\tit guarantees a satisfactory standard of educational efficiency for the purpose for which affiliation is sought; (b) \tits financial resources are such as to make the provision for its continued maintenance; (c) \tit is under proper management and is suitably organized; (d) \tits buildings are suitable and sufficient; (e) \tthe furniture, library and laboratory equipment are adequate; (f) \tthe provision for the residence, discipline and supervision of students is satisfactory; (g) \tit has framed such conduct and discipline rules for its students as may be approved by the University; (h) \tdue provision has been made for the health and recreation of students; (i) \tthe number of its teaching staff with requisite qualifications are adequate, and the conditions of their service are such as may be approved by the University; (j) \tit has framed such efficiency and discipline rules for its teachers and employees as may be approved by the University; and (k) \tit has made provision for such other matters as are necessary for the maintenance of the standards of the University education. (3) A college applying for recognition in respect of any course of study shall give information on the following matters, namely:- (a)\tstandards and subjects in respect of which recognition is sought;  (b)\taccommodation, library and laboratory equipment; (c)\tnumber, qualifications, work, emoluments and conditions of service of teachers; (d)\tprovision for hostels, playgrounds and the residence of the Principal and other members of the staff; (e) \tfees proposed to be levied; (f) \tthe financial provision made for the continued maintenance of the college; and (g) \tsuch other matters as may be prescribed by the University Ordinances. (4) The Syndicate, if satisfied with respect to the matters mentioned in clause (2), shall so affiliate the college: Provided that affiliation shall in no case be granted with retrospective effect beyond the date on which the application was made: Provided further that the Syndicate may refuse to affiliate a college if it is satisfied that it is not desirable to grant affiliation to it. (5) The Syndicate may, after due enquiry and after consultation with the Academic Council, withdraw the affiliation granted to a college, and, after consultation with Faculty concerned, withdraw the recognition granted to a course of studies in a college which has failed to comply with the conditions prescribed by the Statutes and the University Ordinances or imposed by the Syndicate at the date of such affiliation or recognition, as the case may be, or at any later date. (6) The Syndicate shall give the college an opportunity of appearing at any such enquiry and of making representations on its own behalf and shall communicate its decision to the college which shall be entitled to appeal to the Chancellor within thirty days of the receipt of a decision to withdraw such affiliation or recognition and the decision of the Chancellor on the appeal shall be final.", "name": "", "related_acts": "", "section_id": 35 }, { "act_id": 447, "details": "36. The University shall set up a Discipline Board and such other Boards as may be prescribed by the Statutes.", "name": "", "related_acts": "", "section_id": 36 }, { "act_id": 447, "details": "37. The constitution, powers and duties of the Discipline Board and of all other Boards of the University shall be prescribed by the University Ordinances.", "name": "", "related_acts": "", "section_id": 37 }, { "act_id": 447, "details": "38. Subject to the provisions of this Order, the Statutes may provide for all or any of the following matters, namely :- (a) \tthe conferment of honorary degrees; (b)\tthe institution of Fellowships, Scholarships, Exhibitions and Prizes; (c) \tthe designations, powers, duties and conditions of service of teachers and officers; (d)\tthe constitution, powers and duties of the Syndicate, the Academic Council and the Faculties; (e)\tthe setting up and maintenance of academic museums, schools and institutes for development of teaching and research and administration and management thereof; (f) \tthe institution and maintenance of Halls and management of Hostels; (g) \tthe mode of appointment of Professors, Associate Professors, Assistant Professors, Lecturers and other teachers of the University; (h) \tthe constitution of a pension or provident fund for the benefit of officers, teachers, clerical staff and other employees of the University; (i) \tthe constitution, powers and duties of the Governing Bodies of the affiliated Colleges; (j) \tthe maintenance of a register of registered graduates; and (k) \tall such matters as are not provided for by this Order.", "name": "", "related_acts": "", "section_id": 38 }, { "act_id": 447, "details": "39. (1) The Statutes of the University shall be those set out in the Schedule. (2) The Statutes may be amended or repealed by the Syndicate in the manner specified hereinafter. (3) All Statutes shall be submitted to the Senate for ratification. (4) The Senate may, on receipt of the proposal of Statutes, return it to the Syndicate with the suggestion that the Statutes or a particular provision of the Statutes be reconsidered and that any amendments specified in the suggestion be considered but if the Syndicate again submits the proposal of Statutes with or without the suggested amendments to the Senate, it shall be deemed to have been ratified unless rejected by the two-thirds of the total number of members of the Senate: Provided that the Statutes relating to the service conditions of teachers, officers and other employees of the University shall be prescribed to the Senate but shall require its ratification. (5) A Statute proposed by the Syndicate shall have no validity until it has been ratified or deemed to have been ratified by the Senate. (6) Save as otherwise provided, the Syndicate shall not propose any Statute affecting the status, powers or constitution of any authority of the University.", "name": "", "related_acts": "", "section_id": 39 }, { "act_id": 447, "details": "40. Subject to the provisions of this Order and the Statutes, the University Ordinances may provide for all or any of the following matters, namely:- (a)\tthe courses of study to be laid down for all degrees, diplomas and certificates of the University; (b) \tthe manner in which lectures, work in the laboratories or workshops and other teaching shall be conducted; (c) \tthe condition in accordance with which the tutorial instruction shall be given; (d) \tthe conditions under which students shall be admitted to the degree, diploma or other courses and to the examinations of the University, and shall be eligible for degrees, diplomas and certificates;  (e) \tthe admission of students to the University; (f) \tconduct and discipline of the students of the University, and punishment including rustication and expulsion for misconduct and breach of discipline; (g) \tthe conditions of residence of the students of the University, the levying of fees for residence in Halls and the licensing of Hostels; (h) \tthe fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University; (i) \tthe formation of Departments in the Faculties; (j) \tthe constitution, powers and duties of the Boards of the University; (k) \tthe conduct of examinations; and (l) \tall such matters as are not provided for by this Order and the Statutes.", "name": "", "related_acts": "", "section_id": 40 }, { "act_id": 447, "details": "41. (1) The University Ordinances shall be made by the Syndicate. (2) No University Ordinance shall be made- (a)\taffecting the admission of students, or prescribing examinations to be recognised as equivalent to the University examinations or the further qualifications mentioned in clause (2) of Article 46 for admission to the degree courses of the University, unless a draft of the same has been proposed by the Academic Council, or (b) \taffecting the conduct or standard of examinations or any course of study, unless a draft of such University Ordinance has been proposed by the Academic Council in accordance with a proposal of Faculty concerned.", "name": "", "related_acts": "", "section_id": 41 }, { "act_id": 447, "details": "42. (1) The authorities and the Boards of the University may make Regulations consistent with this Order, the Statutes, and the University Ordinances- (a)\tlaying down the procedure to be observed at their meetings and the number of members required to form a quorum;  (b)\tproviding for all matters concerning such authorities and Boards and not provided for by this Order, 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 considered at meetings, and for the keeping of a record of the proceedings of such meetings. (3) The Syndicate may direct annulment of any Regulation or amendment therein in such manner as it may specify.", "name": "", "related_acts": "", "section_id": 42 }, { "act_id": 447, "details": "43. Every student of the University shall reside at such places and under such conditions as may be prescribed by the Statutes and the University Ordinances.", "name": "", "related_acts": "", "section_id": 43 }, { "act_id": 447, "details": "44. The Halls of the University shall be such as may be prescribed by the Statutes.", "name": "", "related_acts": "", "section_id": 44 }, { "act_id": 447, "details": "45. (1) The Hostels shall be such as may be approved and licensed by the Syndicate subject to such general or special conditions as may be prescribed by the University Ordinances. (2) The Wardens and Superintending staff of Hostels shall be appointed in the manner prescribed by the Statutes. (3) The conditions of residence in Hostels shall be prescribed by the University Ordinances, and every Hostel shall be subject to inspection by any member of the Discipline Board authorised in this behalf by such Board and by any officer of the University authorised in this behalf by the Syndicate. (4) The Syndicate shall have power to suspend or withdraw the licence of any Hostel which is not conducted in accordance with the conditions prescribed by the University Ordinances.", "name": "", "related_acts": "", "section_id": 45 }, { "act_id": 447, "details": "46. (1) Admission of students to the University for degrees of Bachelor of Arts, 18Bachelor of Business Studies and Bachelor of Science and higher degrees shall be made by an Admission Committee appointed for the purpose by the Academic Council. (2) No student shall be eligible for admission to a course of study for a degree in the University or any of its affiliated colleges, unless he has passed the Intermediate Examination of the Board of Intermediate and Secondary Education, Dhaka or any other authority incorporated by any law for the time being in force in Bangladesh, or an examination recognised under the Statutes as equivalent thereto, and possess such further qualifications as may be prescribed by the University Ordinances: Provided that for admission to a five-year course of study for a degree of Bachelor of Arts in Fine Arts students who have passed the Matriculation or the Secondary School Certificate Examination of the Board of Intermediate and Secondary Education, Dhaka or the Matriculation or Secondary School Certificate Examination of any other authority incorporated by law, for the time being in force in Bangladesh, or any examination recognised under the Statutes as equivalent thereto, and possess such further qualifications as may be prescribed by the University Ordinances, shall be so eligible. (3) The conditions under which students may be admitted to the diploma courses of the University shall be prescribed by the University Ordinances. (4) For the purpose of admission to a course of studies the University shall not, without the previous sanction of the Government, recognise as equivalent to its own degree any degree conferred by any other University or as equivalent to the Intermediate Examination, any examination conducted by any authority other than a University or a Board of Intermediate and Secondary Education or other authority incorporated by law for the time being in force in Bangladesh: Provided that the University may admit a student from a foreign country to any of its courses of study if the Academic Council is satisfied that his qualifications are equivalent to those required for admission to the course.", "name": "", "related_acts": "", "section_id": 46 }, { "act_id": 447, "details": "47. (1) All arrangements for the conduct of examinations shall be made by the Controller of Examinations, and all examiners shall be appointed by the Academic Council in the manner specified in this Order and the University Ordinances. (2) If during the course of an examination any examiner becomes, for any reason, incapable of acting as such, the Vice-Chancellor shall appoint an examiner to fill the vacancy. (3) At least one examiner who is not a member of the University shall be appointed for each subject included in a Department and forming part of the course which is required for a University degree. (4) The Academic Council shall appoint Examination Committees consisting of such members of its own body, or of such other persons, or of both, as it thinks fit, to moderate examination questions, to prepare the results of the examinations and to report such results to the Syndicate for publication.", "name": "", "related_acts": "", "section_id": 47 }, { "act_id": 447, "details": "48. The annual report of the University shall be prepared under the direction of the Syndicate and shall be submitted to the Chancellor on or before the 31st January of the following academic session.", "name": "", "related_acts": "", "section_id": 48 }, { "act_id": 447, "details": "49. (1) The annual accounts and the balance sheet of receipts and expenditure of the University shall be prepared under the direction of the Syndicate and shall be submitted to the Commission for the purposes of audit. (2) The accounts together with copies of the audit report shall be submitted to the Commission.", "name": "", "related_acts": "", "section_id": 49 }, { "act_id": 447, "details": "50. The Chancellor may with the concurrence of not less than two-thirds of the total number of members of the Syndicate, remove the name of any person from the register of registered graduates.", "name": "", "related_acts": "", "section_id": 50 }, { "act_id": 447, "details": "51. If, in the absence of any clear provisions in this Order, the Statutes or the University Ordinances, any question arises as to whether any person is entitled to be a member of any authority or of any other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.", "name": "", "related_acts": "", "section_id": 51 }, { "act_id": 447, "details": "52. (1) An appeal against the order of any officer or authority of the University affecting any person or class of persons in the University may be made by petition to the Chancellor who shall, send a copy on receipt of the petition thereof to the officer or authority concerned, and shall give such officer or authority an opportunity to show cause why the appeal should not be entertained. (2) The Chancellor may reject any such appeal or may, if he thinks fit, appoint an Enquiry Commission consisting of such persons as are not officers of the University or members of any authority thereof, to inquire into the matter and to submit to him a report thereon. (3) The Chancellor shall, on receipt of the Enquiry Commission's report, send a copy thereof to the Syndicate and the Syndicate shall take the report into consideration and shall, within three months of the receipt thereof, pass a resolution thereon which shall be communicated to the Chancellor, who shall then take such action on the report of the Enquiry Commission and resolution of the Syndicate as he may think fit. (4) An Enquiry Commission appointed under clause (2) may require any officer or authority of the University to furnish it with such papers or information as are, in the opinion of the Enquiry Commission, relevant to the matter under inquiry, and such officer or authority shall be bound to comply with such requisition.", "name": "", "related_acts": "", "section_id": 52 }, { "act_id": 447, "details": "53. Where any authority of the University is authorised by this Order or the Statutes to appoint a Committee, such Committee shall, unless otherwise provided, consist of one or more members of the authority concerned and of such other persons, if any, as the authority in each case may determine.", "name": "", "related_acts": "", "section_id": 53 }, { "act_id": 447, "details": "54. All casual vacancies in the office of the members other than ex-officio members of any authority or of any other body of the University shall be filled, as soon as may be, by the person or the body who nominated the member whose place has become vacant, and the person 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": "", "related_acts": "", "section_id": 54 }, { "act_id": 447, "details": "1955. No act or proceedings of any Authority or other body of the University shall be invalid or be called in question merely on the ground of the existence of any vacancy in such Authority or body, or of the failure or defect in making or holding any appointment, nomination or election to, or of any other defect in the formation of, such Authority or body.", "name": "", "related_acts": "", "section_id": 55 }, { "act_id": 447, "details": "56. (1) Every salaried teacher and officer of the University shall be appointed on a written contract which shall be lodged with the Registrar of the University, and a copy of the contract shall be furnished to the teacher or officer concerned. (2) The service conditions shall be determined without any prejudice to the freedom of the teacher or officer to hold any political views and to keep association with any lawful organisation outside the University and shall be clearly stated in the contract: Provided that if a teacher or other salaried employee of the University seeks election as a Member of Parliament, he shall before the date for filing of nominations, resign from the service of the University. (3) A teacher or officer of the University may be dismissed only on grounds of moral turpitude or inefficiency, but no such teacher or officer shall be dismissed unless an enquiry into the charges of moral turpitude or inefficiency is held by an Enquiry Committee on which the teacher or the officer may be represented by a person nominated by him. (4) Any public officer whom it is proposed to appoint to a post in the University shall, subject to the approval by the Government, have the option- (a)\tof having his services lent to the University for a specified period and remaining liable to recall to the service of the Government at the end of that period; or (b)\tof resigning service of the Government on entering the service of the University.", "name": "", "related_acts": "", "section_id": 56 }, { "act_id": 447, "details": "57. (1) The University shall, in such manner and subject to such condition as may be prescribed by the Statutes, constitute for the benefit of its employees such pension, insurance, benevolent, gratuity or provident fund as it may deem fit. (2) Where any provident fund has been constituted, the Government may declare that the provisions of the Provident Fund Act, 1925 (Act XIX of 1925), shall apply to such funds as if it were a Government Provident Fund.", "name": "", "related_acts": "", "section_id": 57 }, { "act_id": 447, "details": "58. The Government or the Commission shall contribute annually to the University such sum of money as may be determined by them.", "name": "", "related_acts": "", "section_id": 58 }, { "act_id": 447, "details": "59. (1) The Dhaka University Ordinance, 1961 (E.P. Ord. No. XXIII of 1961), is hereby repealed. (2) Notwithstanding the aforesaid repeal, anything done, action taken, obligation or liability incurred, rights and assets acquired, person appointed or authorised, jurisdiction or power conferred, endowment, bequest, fund or trust created, donation and grant made, scholarship, studentship or exhibition instituted, affiliation granted and orders issued under any of the provisions of the said Ordinance, or Statutes, University Ordinances, and Regulations made thereunder, so far as they are not inconsistent with the provisions of this Order or Statutes, University Ordinances and Regulations made hereunder, shall be continued and, so far as may be, deemed to have been respectively done, taken, incurred, acquired, appointed, authorised, conferred, created, made, instituted, granted or issued under this Order or the Statutes, University Ordinances or Regulations made hereunder and any documents referring to any of the provisions of the said Ordinance, or Statutes, University Ordinances or Regulations made thereunder shall, so far as may be, considered to refer to the corresponding provisions of this Order or the Statutes, University Ordinances or Regulations made hereunder.", "name": "", "related_acts": "", "section_id": 59 }, { "act_id": 447, "details": "60. Upon the coming into force of this Order, the existing Syndicate, Academic Council and all other authorities, committees and bodies constituted under the repealed Ordinance shall continue to function until a new Syndicate, Academic Council and other authorities, committees and bodies are duly constituted under this Order, and all persons holding office under the repealed Ordinance shall continue to function till new appointments or nominations are made or elections are hold according to this Order.", "name": "", "related_acts": "", "section_id": 60 }, { "act_id": 447, "details": "61. If any difficulty arises with respect to the functioning of the University or in connection with the first meeting of any authority of the University or otherwise in first giving effect to the provisions of this Order, the Chancellor may, at any time before all the authorities of the University have been constituted, by order make any appointment or do anything, consistent, so far as may be, with the provisions of this Order and the Statutes, which appears to him necessary or expedient for the purpose of removing the difficulty; and every such Order shall have the effect as if such appointment or action has been made or taken in the manner provided in this Order: Provided that before making any such Order or taking any such action, the Chancellor shall ascertain and consider the opinion of the Vice-Chancellor.", "name": "", "related_acts": "", "section_id": 61 } ], "text": "WHEREAS it is expedient to re-constitute and re-organize the University of Dhaka for the purpose of improving the teaching and research provided thereby and the administration thereof; ♣ NOW, THEREFORE, in pursuance of paragraph 3 of the Fourth Schedule to the Constitution of the People’s Republic of Bangladesh, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-" }

{ "id": 448, "lower_text": [], "name": "The Bangladesh Laws (Repealing and Amending) Order, 1973 (President's Order).", "num_of_sections": 4, "published_date": "19th February, 1973", "related_act": [], "repelled": false, "sections": [ { "act_id": 448, "details": "1. (1) This Order may be called the Bangladesh Laws (Repealing and Amending) Order, 1973. (2) It shall come into force at once.", "name": "", "related_acts": "", "section_id": 1 }, { "act_id": 448, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a) \t“Board of Revenue” means the Board of Revenue as re-constituted under the Board of Revenue Act, 1913 (Bengal Act II of 1913); (b) \t“Commissioner of Division” means a Commissioner of Division appointed under the Revenue Commissioners Regulation, 1829 (Bengal Regulation I of 1829); and (c) \t“Schedule” means the Schedule appended to this Order.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 448, "details": "3. On coming into force of this Order, the laws specified in the Schedule shall be repealed or amended as indicated in the fourth column thereof.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 448, "details": "4. Any application or appeal pending before the Board of Revenue or a Commissioner of Division under any law mentioned in the Schedule on the date of coming into force of this Order shall stand transferred to the authority or Court empowered to dispose of it according to the amended provision as indicated in the fourth column of the Schedule.", "name": "", "related_acts": "", "section_id": 4 } ], "text": "WHEREAS for streamlining the administrative machinery with a view to facilitating the implementation of land reforms measures, it is expedient, in public interest, to abolish the Board of Revenue as re-constituted under the Board of Revenue Act, 1913 (Bengal Act II of 1913), and to exclude the Commissioners of Divisions from matters relating to land administration and land reforms and to make alternative provisions for exercising the powers conferred, and discharging the duties imposed, on the said Board and Commissioners and for matters incidental thereto; NOW, THEREFORE, in pursuance of paragraph 3 of the Fourth Schedule to the Constitution of the People’s Republic of Bangladesh, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-" }

{ "id": 449, "lower_text": [], "name": "The Bangladesh Atomic Energy Commission Order, 1973 (President's Order).", "num_of_sections": 23, "published_date": "27th February, 1973", "related_act": [ 11 ], "repelled": true, "sections": [ { "act_id": 449, "details": "1. (1) This Order may be called the Bangladesh Atomic Energy Commission Order, 1973. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "", "related_acts": "", "section_id": 1 }, { "act_id": 449, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a)\t“Atomic energy” means the energy or ionizing radiations released in any process which involves transformation of, or reaction between atomic nuclei and includes energy liberated as a result of the fission of special nuclear material or fusion of atomic nuclei; (b) \t“Chairman” means the Chairman of the Commission; (c) \t“Commission” means the Bangladesh Atomic Energy Commission established by this Order; (d) \t“Government” means the Government of the People's Republic of Bangladesh;  (e) \t“Prescribed” means prescribed by rules made under this Order; (f) \t“special nuclear material” means plutonium 239, uranium 235 or uranium 233 or any other material which the Commission determines to be capable of releasing energy through fission and fusion.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 449, "details": "3. (1) On the commencement of this Order, there shall be established a Commission to be called the Bangladesh Atomic Energy Commission for carrying out the purposes of this Order. (2) The Commission shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Order, to acquire and hold property, both movable and immovable, and shall by its name sue and be sued. (3) The Head Office of the Commission shall be at Dacca.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 449, "details": "4. (1) The Commission shall consist of one Chairman and not more than four full-time Members to be appointed by the Government from amongst notable persons in the field of science and technology, on such terms and conditions as the Government may decide. (2) There shall be an Advisory Committee to advise the Commission and assist it in its work in any manner the Commission may decide, which Committee shall consist of the Chairman and the full-time members of the Commission as well as not more than five part-time members, to be appointed by the Government. The part-time members will be selected from amongst the engineers, scientists, doctors, teachers and other professionals in the employ of the Commission, the universities and the research institutions in science and technology. (3) 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 Commission or the Government from time to time. The Chairman will be the Chief Executive Officer of the Commission. (4) The Commission shall have a full-time Financial Adviser and a full-time Secretary to be appointed by the Government.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 449, "details": "5. (1) A member of the Commission shall hold office for a period of three years from the date of his appointment and shall be eligible for re-appointment for such further period or periods, not exceeding three years at any time, as the Government may decide: Provided that no member shall hold office for more than two consecutive terms, unless under special circumstances, to be decided by the Government, where the services of a member is expressly desired in the interest of Nuclear Science. (2) A person appointed to be a member of the Commission may at any time resign his office by letter addressed to the Chairman: Provided that no resignation shall take effect until it has been accepted by the Government. (3) A vacancy caused by resignation or any other reason shall be filled by appointment of a person qualified to fill such vacancy. (4) The Government at any time terminate the appointment of the Chairman or any other member of the Commission without assigning any reason. (5) No act or proceeding of the Commission shall be invalid merely on the ground of the existence of a vacancy in, or defect in the constitution of, the Commission.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 449, "details": "6. (1) The functions of the Commission shall be to do all acts and things, including research work, necessary for the promotion of the peaceful uses of atomic energy in the fields of agriculture, medicine, industry, development of related technology and electronic equipment and appliances, and for the execution of development projects involving nuclear power stations and the generation of electric power thereat, and to carry out space and upper atmosphere research. (2) The Commission may, on behalf and with the approval of the Government, perform such other functions relating to the peaceful uses of atomic energy and space and upper atmosphere research, and on such terms and conditions, as may be agreed upon between the Commission and the Government. (3) In the performance of its functions, the Commission shall be guided on questions of policy by the instructions, if any, given to it by the Government which shall be the sole judge as to whether a question is a question of policy. (4) The Commission shall, in order to carry out any functions under clause (1) or clause (2),- (a)\tprepare and submit, for the approval of the Government, proposals, schemes or projects in such form as may be indicated by the Government; (b) \tproceed to give effect to a proposal, scheme or project as approved by the Government.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 449, "details": "7. (1) The Commission shall meet at such time and place and in such manner as may be prescribed: Provided that a meeting may also be convened by the Chairman when he so thinks fit. (2) At a meeting of the Commission 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. (4) Until the rules are framed in this behalf, fifty per cent. of the members appointed for the Commission shall form a quorum at a meeting of the Commission.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 449, "details": "8. (1) The funds of the Commission shall comprise of:- (a)\tfunds of the former Atomic Energy Commission existing in Bangladesh which stand transferred to the Commission; (b) \tgrants from the Government; (c) \tdonations and endowments; (d) \tincome from investments and royalties; (e) \treceipts of the commission from such other sources as may be approved by the Commission; and (f) \tfunds and assets of the former Space and Upper Atmosphere Research Committee existing in Bangladesh. (2) The Commission may open a deposit account with any bank or banks. (3) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of Bangladesh, and shall be maintained, and presented for audit, in such form and manner, as may be prescribed.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 449, "details": "9. The Commission shall, by such date in each year as may be prescribed, submit to the Government for approval, a budget in the prescribed form for each financial year, showing the estimated receipts and expenditures and the sums which are likely to be required from the Government during that financial year.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 449, "details": "10. The Commission 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 member or officer of the Commission as may be so specified.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 449, "details": "11. (1) The Commission may, subject to such general or special orders as the Government may give it from time to time, appoint officers, consultants, advisers and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may deem fit. (2) The Government may direct the Commission to dispense with the services of any officer or employees, and when so directed, the Commission shall dispense with his services. (3) The Commission, subject to approval of the Government, and in accordance with the general or specific standing orders of the Government, shall prescribe the procedure for appointments, terms and conditions of services of its officers and other employees and shall be competent to take disciplinary action against them. (4) The Commission may, by general or specific orders, delegate to the Chairman, members and officers of the Commission, any of its powers, duties and functions under this Order, subject to such conditions and limitations as it may think fit to impose.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 449, "details": "12. (1) The Chairman, members, officers and other employees of the Commission shall, when acting or purporting to act in pursuance of any of the provisions of this Order shall be deemed to be public servants within the meaning of section 21 of the Penal Code, 1860. (2) No suit, prosecution or other legal proceedings shall lie against the Commission, the Chairman, members or officers and other employees of the Commission in respect of anything done or intended to be done, in good faith, under this Order.", "name": "", "related_acts": "11", "section_id": 12 }, { "act_id": 449, "details": "13. The Commission may, subject to the prior approval of the Government, co-operate with any foreign national authority or international organisation, in respect of the peaceful uses of atomic energy and space and upper atmosphere research, pursuant to the express terms and conditions of any programme or agreement for co-operation, to which such authority or organisation is a party, or pursuant to any other international arrangement made after the commencement of this Order.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 449, "details": "14. (1) The Commission shall submit to the Government at such time and at such intervals as the Government may specify- (a)\tsuch periodical reports and summaries as may be required by the Government; (b) \tannual reports on the Head Office and the different research centres, power stations and projects; (c) \tsuch periodical returns, accounts statements, and statistics as may be required by the Government; (d) \tinformation and comments asked for by the Government on any specific point; (e) \tcopies of the documents required by the Government; and (f) \toriginal documents required by the Government for examination or for any other purpose.", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 449, "details": "15. The Government may, from time to time, issue to the Commission such directives and orders as it may consider necessary for carrying out the purposes of this Order and the Commission shall follow and carry out such directives and orders.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 449, "details": "16. All rights relating to discoveries and inventions and any improvements in materials, methods, processes, apparatus or equipment made by any officer or employee of the Commission, in the course of his employment, shall vest in the Commission.", "name": "", "related_acts": "", "section_id": 16 }, { "act_id": 449, "details": "17. Every member, adviser, consultant, officer or other employee of the Commission shall make such declaration of fidelity and secrecy as may be prescribed.", "name": "", "related_acts": "", "section_id": 17 }, { "act_id": 449, "details": "18. (1) The Government may, make rules to carry out the purposes of this Order. (2) All rules and 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": 18 }, { "act_id": 449, "details": "19. The Commission may, with the previous approval of the Government, make such 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.", "name": "", "related_acts": "", "section_id": 19 }, { "act_id": 449, "details": "20. All rules, regulations, and bye-laws of the former Atomic Energy Commission established under the Atomic Energy Commission Ordinance, 1965 (Ord. No. XVII of 1965) and the former Space and Upper Atmosphere Research Committee, and in force immediately before the commencement of this Order, shall, mutatis mutandis, and so far as they are not inconsistent with any of 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": 20 }, { "act_id": 449, "details": "21. No provision of law relating to the winding up of bodies corporate shall apply to the Commission, and the Commission shall not be wound up except by order of the Government, and in such manner as the Government may direct.", "name": "", "related_acts": "", "section_id": 21 }, { "act_id": 449, "details": "22. 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 former Atomic Energy Commission established under the Atomic Energy Commission Ordinance, 1965 (Ord. No. XVII of 1965); hereinafter referred to the said Commission, and of the former Space and Upper Atmosphere Research Committee, hereinafter referred to as the said Committee, in Bangladesh shall stand transferred to, and vested in the Commission. 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 Commission or the said Committee 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 Commission; (c)\tall officers and other employees now serving in the Atomic Energy Commission in Bangladesh shall continue to serve in the Commission on such terms and conditions as may be determined by the Government or, until so determined, on the same terms and conditions, as were applicable to them immediately before the promulgation of this Order, subject to the provisions relating to pay and allowances in the Bangladesh Government and Semi-Autonomous Organisations (Regulation of Salary of Employees) Order, 1972 (P.O. No. 79 of 1972), so long as the said Order remains in force. (d)\tall suits or other legal proceedings instituted by or against the said Committee in Bangladesh before the commencement of this Order shall, unless the Government otherwise directs be deemed to have been instituted by or against the Commission and may be continued or proceeded with accordingly.", "name": "", "related_acts": "", "section_id": 22 }, { "act_id": 449, "details": "23. The Atomic Energy Commission Ordinance, 1965 (Ord. No. XVII of 1965), is hereby repealed.", "name": "", "related_acts": "", "section_id": 23 } ], "text": "WHEREAS it is expedient to provide for the establishment of an Atomic Energy Commission for the promotion of the peaceful uses of atomic energy in Bangladesh, the discharge of International obligations connected therewith, the undertaking of research, the execution of development projects involving nuclear power stations and matters incidental thereto; NOW, THEREFORE, in pursuance of paragraph 3 of the Fourth Schedule to the Constitution of the People’s Republic of Bangladesh, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-" }

{ "id": 450, "lower_text": [], "name": "The Bangladesh National Liberation Struggle (Indemnity) Order, 1973 (President's Order)", "num_of_sections": 4, "published_date": "28th February, 1973", "related_act": [], "repelled": false, "sections": [ { "act_id": 450, "details": "1. (1) This Order may be called the Bangladesh National Liberation Struggle (Indemnity) Order, 1973. (2) It shall come into force at once and shall be deemed to have taken effect on the 26th day of the March, 1972.", "name": "", "related_acts": "", "section_id": 1 }, { "act_id": 450, "details": "2. No suit, prosecution or other legal proceeding shall lie in any Court against any person for or on account of or in respect of any act done during the period from the 1st day of March, 1971 to the 16th day of December, 1971, in connection with the struggle for national liberation or for maintenance or restoration of order up to the 28th day of February, 1972.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 450, "details": "3. A public prosecutor shall, upon the Government certifying that a case against any person in the service of the Republic or against any other person for or on account of or in respect of any act done by him during the period from the 1st day of March, 1971, and the 28th day of February, 1972, is an act done in connection with national liberation struggle or for maintenance or restoration of order, apply to the court and upon submission of such application the court shall not proceed further with the case, which shall be deemed to be withdrawn, and the accused person shall forthwith be discharged.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 450, "details": "4. The Government may make rules for carrying out the purposes of this Order.", "name": "", "related_acts": "", "section_id": 4 } ], "text": "WHEREAS it is expedient to provide for indemnity to persons in the service of the Republic and to other persons in respect of act done in connection with the national liberation struggle, the maintenance or restoration of order; NOW, THEREFORE, in pursuance of paragraph 3 of the Fourth Schedule to the Constitution of the People’s Republic of Bangladesh, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-" }

{ "id": 451, "lower_text": [ "1 The figures, words and comma “15th day of March, 1973” were substituted for the words “commencement of this Order” by section 2 of the Trade Marks (Invalidation and Summary Registration) (Amendment) Act, 1974 (Act No. XXXII of 1974)", "2 The figures, words and comma “15th day of September, 1974” were substituted for the words “lapse of one year from the commencement of this Order” by section 3 of the Trade Marks (Invalidation and Summary Registration) (Amendment) Act, 1974 (Act No. XXXII of 1974)" ], "name": "The Trade Marks (Invalidation and Summary Registration) Order, 1973 (President's Order)", "num_of_sections": 10, "published_date": "15th March, 1973", "related_act": [ 184 ], "repelled": false, "sections": [ { "act_id": 451, "details": "1. (1) This Order may be called the Trade Marks (Invalidation and Summary Registration) Order, 1973. (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": 451, "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; (b) \t“Registrar” means the Registrar of Trade Marks in Bangladesh and includes the Deputy Registrar of Trade Marks when discharging the function of the Registrar under this Order; (c) \t“the Act” means the Trade Marks Act, 1940 (Act V of 1940); (d) \t“trade mark filed in Pakistan” means trade mark or a certification trade mark for which an application for registration has been made to the Registrar of Trade Marks in Pakistan before 26th day of March, 1971; and  (e) \t“trade mark registered in Pakistan” means a trade mark or a certification trade mark in respect of which a certificate of registration has been sealed with the seal of the Trade Marks Registry in Pakistan before the 26th day of March, 1971.", "name": "", "related_acts": "184", "section_id": 2 }, { "act_id": 451, "details": "3. Notwithstanding anything to the contrary contained in the Act or the Rules framed thereunder or in any other law for the time being in force,- (a)\ttrade marks registered in Pakistan shall be deemed not to have been registered in Bangladesh unless they are applied for and registered under this Order; and (b) \ttrade marks filed in Pakistan shall be deemed not to have been filed in Bangladesh.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 451, "details": "4. Any proprietor of a trade mark registered in Pakistan, who is desirous of registering that mark in Bangladesh shall, subject as hereafter provided in this Order, be entitled to make an application for registration of the same to the Registrar on payment of a fee of Taka fifty only: Provided that any application for registration of a trade mark registered in Pakistan and filed in Bangladesh before the 115th day of March, 1973 shall be deemed to be an application made under this Article.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 451, "details": "5. (1) Every application under Article 4 shall be made in writing in the forms prescribed in the Second Schedule to the Trade Marks Rules, 1963, which shall be accompanied by original Certificate of Registration in Pakistan with a photocopy thereof: Provided that, if any such Trade Mark has been renewed before the 26th day of March, 1971, the last renewal certificate shall also accompany the application. (2) Nothing in section 15 or section 55 of the Act, shall apply in respect of any application made under Article 4 of this Order. (3) On such application being made, the Registrar shall register the trade mark and the registration so made shall be deemed to have been made under the Act, with effect from the date of registration of the mark in Pakistan under sub-section (1) of section 16 of the Act.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 451, "details": "6. No Application under Article 4 shall be made after the 215th day of September, 1974.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 451, "details": "7. The Government may, by notification in the official Gazette, make rules to carry into effect the provisions of this Order.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 451, "details": "8. Nothing in this Order or in the rules made thereunder shall derogate from the provisions of the Act or the Trade Marks Rules, 1963, save where any provisions of this Order or the rules made thereunder is repugnant to any provisions of the Act or the rules made thereunder, in which case the provisions of this Order or the rules made thereunder shall prevail.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 451, "details": "9. No suit, prosecution or other legal proceeding shall lie against the Government or the Registrar or any person acting under his direction for anything in good faith done or intended to be done under this Order or any rule made thereunder.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 451, "details": "10. The Trade Marks (Invalidation and Summary Registration) Act, 1950 (Act XXXVII of 1950) is hereby repealed.", "name": "", "related_acts": "", "section_id": 10 } ], "text": "WHEREAS it is expedient to provide for the summary registration in Bangladesh of trade marks registered in Pakistan before the 26th day of March, 1971, and for their prior invalidation in order to such summary registration; NOW, THEREFORE, in pursuance of paragraph 3 of the Fourth Schedule to the Constitution of the People’s Republic of Bangladesh, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-" }

{ "id": 452, "lower_text": [ "1 The words “to wild animals” were substituted for the words “to animals” by section 2 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "2 The words “any wild animal” were substituted for the words “any animal” by section 2 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "3 The words “any wild animal’s” were substituted for the words “any animal’s” by section 2 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "4 The words “reptiles” was substituted for the word “raptiles” by section 2 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "5 The words “a wild animal” were substituted for the words “an animal” by section 2 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "6 The word “or” was substituted for the words “or under” by section 2 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "7 The words “such other persons as may be authorized by the Government” were substituted for the words “an officer authorised” by section 2 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "8 The words “dead wild animal” were substituted for the words “dead animal” by section 2 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "9 The words “a wild animal” were substituted for the words “an animal” by section 2 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "10 The words “to this Order” were omitted by section 3 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "11 The words “issued under this Order” were omitted by section 3 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "12 The words “to this Order” were omitted by section 3 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "13 The words “a wild animal” were substituted for the words “an animal” by section 4 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "14 The words “An officer may” were substituted for the words and commas “The Officer authorised in this behalf may, at his discretion,” by section 4 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "15 The words “issued for the purpose under this Order” were omitted by section 5 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "16 The word “authorised” was omitted by section 6 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "17 Clause (1) was substituted by section 2 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1973 (Act No. XVII of 1973)", "18 The words “authorised by the Government in this behalf” were omitted by section 7 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "19 The word “authorised” was omitted by section 7 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "20 The word “authorised” was omitted by section 7 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "21 The word “authorised” was omitted by section 7 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "22 The word “authorised” was omitted by section 7 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "23 The word “authorised” was omitted by section 7 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974).", "24 The words “in such manner as may be prescribed” were substituted for the words and commas “according to the instruction of the officer authorised in this behalf by the Government” by section 8 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "25 The words “issued by the Government under this Order” were substituted for the words “issued under this Order by the authorised officer” by section 9 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "26 The words “authorised by the Government in this behalf” were omitted by section 9 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "27 The words “the owner having the Certificate of Lawful” were substituted for the words “the Lawful” by section 9 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "28 The words “the wild animal” were substituted for the words “the animal” by section 10 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "29 The words “authorised in this behalf” were omitted by section 11 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "30 The words “authorised in this behalf” were omitted by section 11 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "31 The words “may be prescribed” were substituted for the words “the officer authorised in this behalf may require” by section 11 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "32 The words “authorised in this behalf” were omitted by section 11 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "33 The words “or any other person authorised by the Government in this behalf” were omitted by section 12 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "34 The words and comma “or any other person authorised by the Government in this behalf,” were omitted by section 13 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "35 The words “or any other person authorised by the Government in this behalf” were omitted by section 14 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "36 The words and comma “produce, persons serving under the” were substituted for the word and comma “produce,” by section 15 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "37 The words “or any other person authorised by the Government in this behalf” were omitted by section 15 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "38 The words, figure and comma “any property seized under Article 17 which is subject to speedy and natural decay, the officer seizing such property” were substituted for the words and figure “an officer or any other person authorised to deal with the property seized under Article 17 which is subject to speedy and natural decay” by section 16 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "39 The words “any wild animal” were substituted for the words “any animal” by section 17 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "40 The words “may be prescribed” were substituted for the words “the officer authorised in this behalf may determine” by section 17 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "41 The words “the primary” were substituted for the word “heprimary” by section 18 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "42 The words and comma “Government may, at” were substituted for the words “Government at” by section 19 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "43 The words “an officer” were substituted for the words “a Government servant or any person authorised under this Order” by section 20 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "44 The words “or of any person appointed under this Order and authorised by the Government in this behalf” were omitted by section 21 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "45 The words “authorised in this behalf” were omitted by section 22 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "46 The words “not below the rank of a Forester or Senior Wildlife Scout” were substituted for the words “or any other person authorised in this behalf” by section 23 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "47 The words and commas “who, or whose subordinate,” were substituted for the words “or equivalent rank who” by section 24 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "48 The words “or any other person authorised in this behalf” were omitted by section 25 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "49 The word “provisions” was substituted for the word “Provision” by section 26 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "50 The words “committed by” were substituted for the word “against” by section 27 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "51 The words and commas “such date as the Government may, by notification in the official Gazette, direct, apply to the nearest officer in the” were substituted for the figure, words and comma “90 days of the promulgation of this Order, apply to the nearest officer authorised in this behalf in” by section 28 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "52 The words “ or any other person authorised in this behalf” were omitted by section 29 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)", "53 The words “and other person authorised in this behalf” were omitted by section 30 of the Bangladesh Wild Life (Preservation) (Amendment) Act, 1974 (Act No. XVII of 1974)" ], "name": "The Bangladesh Wild Life (Preservation) Order, 1973 (President's Order)", "num_of_sections": 48, "published_date": "28th March, 1973", "related_act": [ 144, 75, 38 ], "repelled": true, "sections": [ { "act_id": 452, "details": "1. (1) This Order may be called the Bangladesh Wild Life (Preservation) Order, 1973. (2) It extends to the whole of Bangladesh. (3) It shall come into force at once.", "name": "", "related_acts": "", "section_id": 1 }, { "act_id": 452, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a) \t“capture” means the taking alive of any wild animal; (b) \t“dealer”, in relation 1to wild animals, trophies or meat, means any person who, in course of trade or business carried on by him whether on his own behalf or on behalf of any other person,- (i)\tsells, purchases or barters 2any wild animal, trophy or meat; or (ii) \tcuts, carves, polishes, preserves, cleans, mounts or otherwise prepares 3any wild animal's trophy or meat; or (iii)\tmanufactures any article from trophies or meat; (c) \t“game reserve” means an area declared by the Government as such for the protection of wild life and increase in the population of important species wherein capturing of wild animals shall be unlawful; (d) \t“Government” means the Government of the People's Republic of Bangladesh; (e) \t“hunt” means- (i)\tkilling, capturing, poisoning, snaring and trapping of any wild animal and any attempt to do so; or (ii) \tdriving any wild animal for any of the purposes specified in sub-clause (i); or (iii)\tinjuring or destroying or taking any part of the body of such wild animal or taking of nests or eggs of wild birds and 4reptiles; (f)\t“licence”, “special licence”, “permit” and “special permit” mean, respectively, a licence, a special licence, a permit or a special permit granted or issued under this Order or the rules made thereunder; (g) \t“meat” means fat, blood, flesh or any edible part of 5a wild animal, whether fresh or preserved; (h) \t“national park” means comparatively large areas of outstanding scenic and natural beauty with the primary object of protection and preservation of scenery, flora and fauna in the natural state to which access for public recreation and education and research may be allowed; (i) \t“offence” means an offence punishable under this Order 6or any rule made thereunder; (j) \t“officer” means any person appointed in this behalf to carry out all or any of the purposes of this Order or to do anything required by this Order or any rule made thereunder to be done by an officer, and includes a Forest Officer as defined in clause (2) of section 2 of the Forest Act, 1927 (Act No. XVI of 1927), and 7such other persons as may be authorised by the Government to carry out such purpose or to do such thing as the Government may specify; (k) \t“prescribed” means prescribed by rules made under this Order; (l) \t“private game reserve” means an area or private land set aside by the owner thereof for the same purpose as a game reserve and declared as such under Article 24; (m)\t“schedule” means a Schedule appended to this Order; (n) \t“trophy” means any 8dead wild animal or any horn, antler, tooth, tusk, bone, claw, hoof, skin, hair, feather, egg, shell or other durable part of 9a wild animal whether or not included in a manufactured or processed article;  (o) \t“wild animal” means any vertebrate creature, other than human beings and animals of usually domesticated species or fish, and includes the eggs of birds and reptiles; and (p) \t“wild life sanctuary” means an area, closed to hunting, shooting or trapping of wild animals and declared as such under Article 23 by the Government as undisturbed breeding ground primarily for the protection of wild life inclusive of all natural resources, such as vegetation, soil, and water.", "name": "", "related_acts": "144", "section_id": 2 }, { "act_id": 452, "details": "3. (1) The Government may, for the purposes of this Order, appoint such officers and honorary officers to assist the officers as it considers necessary. (2) Except as otherwise prescribed, an honorary officer shall exercise all the powers of an officer and shall hold office for a period of three years unless his appointment is earlier revoked.", "name": "", "related_acts": "", "section_id": 3 }, { "act_id": 452, "details": "4. (1) As soon as may be, after the coming into force of this Order, the Government shall constitute, by notification in the official Gazette, a Board, to be called as the Bangladesh Wild Life Advisory Board, consisting of such members as the Government may deem necessary to appoint. (2) The Bangladesh Wild Life Advisory Board shall perform such functions as the Government may assign to it.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 452, "details": "5. (1) The wild animals specified in the First Schedule 10* * * shall be known as “game animals” and shall not be hunted, killed or captured, save in accordance with the terms of a permit 11* * *. (2) The wild animals specified in the Third Schedule 12* * * shall be known as “Protected Animals” and shall not be hunted, killed or captured save as otherwise expressly provided in this Order.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 452, "details": "6. (1) No person shall – (a) (i)\thunt any wild animal by means of a set-gun, drop spear, deadfall, gun trap, an explosive projectile bomb, grenade, electrical contrivances, a baited hook or any other trap whatsoever; (ii) \thunt any game animal by means of an automatic weapon of a calibre, used by the Bangladesh Army, Bangladesh Rifle or Police Force, a shot gun, rifle of 22 calibre or less, or a projectile containing any drug or chemical substance having the property of anesthetising, paralysing, stupifying or rendering 13a wild animal crippled whether partly or totally; (b) (i) \tuse any motor vehicle, motor driven vessel, watercraft of any type or aircraft or any other manually or mechanically propelled vehicle of any type to pursue any game animal, or to drive or stampede game animals for any purpose whatsoever; (ii) \tuse or have in his possession any poison or like injurious substance for the purpose of hunting a game animal; (iii) shoot any game animal from any aircraft, motor vehicle, rail trolley cart, boats or any kind of watercraft or any other conveyance; (iv) hunt with the help of live decoys, call birds or any other artificial contrivances; (c) \tconstruct or use or have in his possession any pitfall, game pit, trench or similar excavation or any fence or enclosure, or set fire to any vegetation or any other contrivance for the purpose of hunting any game animal. (2) It shall not be an offence to use a motor vehicle or aircraft to drive any wild animal away from an aerodrome or airstrip when such action is necessary to ensure the safety of aircraft using that aerodrome. (3) 14An officer may grant capture licence and allow employment of a method of hunting specified in clause (1).", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 452, "details": "7. No person shall possess or use Hawks for hawking, or possess or use dogs for coursing, the game animals specified in the First Schedule except under a special licence 15* * *.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 452, "details": "8. (1) If, in any place, any wild animal whether protected or game animal or meat or trophy of such wild animal which is found dead or dying or which has been killed or caught or bred in captivity or kept in possession of any body by any means otherwise than in accordance with the provisions of this Order shall be the property of the Government. (2) No person shall, by any means, acquire or keep in his possession or custody or control, or transfer to any person by way of gift or sale, or destroy, or otherwise damage, such Government property without previous written permission from the 16* * * officer.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 452, "details": "9. 17(1) Any person having the control, custody or possession of any wild animal or meat or trophy of any wild animal shall, within such period as the Government may by notification in the official Gazette specify, declare to an officer 18* * * the number and description of such wild animal, meat or trophy and the place where it is kept. (2) On receipt of such declaration, the 19* * * officer shall enter upon the premises of such person in the prescribed manner and such person shall produce the declared wild animal, meat or trophy for inspection and verification before such officer; and if the declaration is found correct, the 20* * * officer shall fix upon or put such mark of registration on such wild animal, meat or trophy as may be prescribed as lawful possession. (3) No person shall counterfeit, exchange or in any way interfere with any mark of registration fixed or put on by the 21* * * officer on any wild animal, meat or trophy. (4) The 22* * * officer shall, on being satisfied that the requirements of clauses (1) and (2) have been fulfilled, issue, in the prescribed manner, a Certificate of Lawful Possession of such wild animal, meat or trophy. (5) The 23* * * officer may, pending legal action, seize any wild animal, meat or trophy which has not been legally acquired or imported under this Order.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 452, "details": "10. Any person who- (a) \tfails to make a declaration under clause (1) of Article 9, or (b) \tconceals in such declaration any material fact, or (c) \tcounterfeits, exchanges or in any way interferes with any mark of registration fixed or put on any wild animal, meat or trophy, for which a Certificate of Lawful Possession has been issued, or alters or in any way changes a certificate or ownership, shall be guilty of an offence.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 452, "details": "11. (1) No person shall transfer by gift, sale or otherwise to any other person any wild animal, meat or trophy of any kind unless he is in possession of a certificate of Lawful Possession in respect thereof. (2) No person shall receive by gift, purchase or otherwise any wild animal, trophy or meat unless he receives at the same time a valid Certificate of Lawful Possession in respect thereof.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 452, "details": "12. (1) No person shall import or attempt to import into Bangladesh any live wild animal of an endemic or exotic species, or any trophy or meat of a kind specified in the Second Schedule,- (i)\texcept through a customs port of entry; (ii) \tunless he produces to the Customs Officer satisfactory proof that such wild animal, trophy or meat has been lawfully exported from the country of export; (iii)\tunless he produces an Import Permit issued by the Government under this Order. (2) It shall be the duty of a Customs Officer to detain any live wild animal or any trophy or meat of any kind specified in the Second Schedule until the documents required by clause (1) have been produced to him; and if those documents are not produced within a reasonable time, the wild animal, trophy or meat, shall be forfeited and disposed of 24in such manner as may be prescribed.", "name": "", "related_acts": "", "section_id": 12 }, { "act_id": 452, "details": "13. (1) No person shall export or attempt to export any wild animal, trophy or meat except those mentioned in the First Schedule,- (i) \texcept through a customs port of exit; (ii) \tunless he produces to the Customs Officer an Export Permit 25issued by the Government under this Order. (2) An officer 26* * * may issue, or refuse to issue without assigning any reason, an Export Permit to 27the owner having the Certificate of Lawful Possession of any wild animal, trophy or meat of any kind specified in the First Schedule, and in case of receipt of such Export Permit the owner of the wild animal, trophy or meat shall immediately surrender to the said officer the Certificate of Lawful Possession relating thereto.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 452, "details": "14. (1) Nothing in this Order shall apply to any wild animal, trophy or meat in transit through Bangladesh: Provided that 28the wild animal, trophy or meat- (i) \tshall be accompanied by the necessary transit customs documents; (ii) \tshall be entered through a customs port of entry; (iii)\tshall not be unloaded from the ship or motor vehicle or any carrier on which it is being carried, or in the case of air transport, it shall not leave the precincts of the airport at which it is landed or transhipped without being checked nor shall, except in the case of customs warehouse, remain in such precincts for more than 48 hours.", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 452, "details": "15. (1) No person shall, with a view to carrying on a profession, trade or business, buy, sell or otherwise deal in wild animals, trophies or meat, or process or manufacture goods or articles from such trophies or meat unless he is in possession of a valid permit, hereinafter called a Dealer's Permit, issued for the purpose by an officer 29* * *. (2) An officer 30* * * may grant, or refuse to grant without assigning any reason, a Dealer's Permit to any person to deal in any wild animal, trophy or meat, or any class of wild animals, trophies or meat specified in such permit. (3) A Dealer's Permit shall be issued on payment of the prescribed fee and shall remain valid for a period of one year from the date of its issue unless earlier cancelled. (4) (i)\tThe holder of a Dealer's Permit shall maintain such register or record of his dealings as 31may be prescribed and shall produce it for inspection at any reasonable time when called upon to do so; (ii) \tThe officer 32* * * may suspend or cancel Dealer's Permit at any time and if he suspends or cancels it, he shall record in writing the reason therefore. (5) Nothing in this Article shall be construed to exempt the holder of a Dealer's Permit from complying with the provisions of Articles 8, 9, 11, 12 and 13.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 452, "details": "16. An officer 33* * * may stop any vehicle or vessel and may search without warrant any person, vessel, vehicle, animal, package, receptacle or covering or any suspected place to satisfy himself as to whether or not an offence against this Order has been committed.", "name": "", "related_acts": "", "section_id": 16 }, { "act_id": 452, "details": "17. An officer 34* * * may seize any wild animal together with any firearm, net, trap, snare, bow arrow or any vehicle or vessel or anything whatsoever used or suspected to have been used in the commission of an offence against this Order.", "name": "", "related_acts": "", "section_id": 17 }, { "act_id": 452, "details": "18. Every person in possession of an wild animal or trophy specified in the Second Schedule shall produce his Certificate of Lawful Possession on a demand made by an officer 35* * *.", "name": "", "related_acts": "", "section_id": 18 }, { "act_id": 452, "details": "19. Every purchaser of forest 36produce, persons serving under the Public Works Department, Chaukidars, Dafadars, Village Watchmen, Village Headman, Chairman and members of Union Panchayet, Kanungo and Tahsildar shall be bound, in the absence of a reasonable excuse, to give to an officer or 37* * * information in respect of any snaring, trapping, netting, unauthorised killing or any other offence against this Order committed within the limits of his jurisdiction, as soon as the commission of such offence comes to his knowledge.", "name": "", "related_acts": "", "section_id": 19 }, { "act_id": 452, "details": "20. Notwithstanding anything contained in this Order, 38any property seized under Article 17 which is subject to speedy and natural decay, the officer seizing such property may sell it and deal with the proceeds thereof in the same manner as he would have dealt with such property if it would not have been sold.", "name": "", "related_acts": "", "section_id": 20 }, { "act_id": 452, "details": "21. (1) Notwithstanding any other provisions of this Order, it shall not be an offence- (a) \tfor any person to kill any wild animal by any means in defence of his own life or that of any other person; (b) \tfor the owner of any standing crops or his employee to kill by any means within the bounds of such crops, any wild animal causing material damage to such crops; (c)\tfor the owner of livestock or his employee to kill 39any wild animal causing damage to the livestock in any way within a reasonable distance of where that livestock is grazing or where it is enclosed for the night: Provided that paragraphs (b) and (c) shall not apply to any unlawful occupation of, or cultivation in, a national park, wild life sanctuary, or a reserved or protected forest or to any livestock illegally grazing or herded therein. (2) The killing under clause (1) of any wild animal specified in the First or Third Schedule shall be reported to the nearest officer immediately. (3) The meat or trophy, or any protected or game animal killed under this Article shall be the property of the Government and shall be disposed of in such manner as 40may be prescribed.", "name": "", "related_acts": "", "section_id": 21 }, { "act_id": 452, "details": "22. When in any proceedings taken under this Order or in consequence of anything done under this Order a question arises as to whether any wild animal, trophy or meat is the property of the Government, such wild animal, trophy or meat shall be presumed to be the property of the Government until the contrary is proved. Provided that the burden of proving that the accused is in lawful possession, custody or control of such wild animal, meat or trophy shall lie on such person.", "name": "", "related_acts": "", "section_id": 22 }, { "act_id": 452, "details": "23. (1) The Government may, by notification in the official Gazette, declare any area to be wild life sanctuary. (2) No person shall- (i) \tenter or reside in any wild life sanctuary; or (ii) \tcultivate any land in any wild life sanctuary; or (iii)\tdamage or destroy any vegetation in any wild life sanctuary; or (iv)\thunt, kill or capture any wild animal in any wild life sanctuary or within one mile from the boundaries of a wild life sanctuary; or (v) \tintroduce any exotic species of animal into a wild life sanctuary; or (vi)\tintroduce any domestic animal or allow any domestic animal to stray into a wild life sanctuary; or (vii) \tcause any fire in a wild life sanctuary; or (viii) \tpollute water flowing in or through a wild life sanctuary: Provided that Government may, for scientific purposes or for aesthetic enjoyment or betterment of scenery, relax all or any of the prohibitions specified above. (3) The Government may declare any area to be a national park where the following acts shall not be allowed, namely:- (i)\thunting, killing or capturing any wild animal in a national park and within the radius of one mile outside its boundary; (ii) \tfiring any gun or doing any other act which may disturb any wild animal or doing any act which may interfere with the breeding places of any wild animal; (iii)\tfelling, taping, burning or in any way damaging or destroying, taking, collecting or removing any plant or tree therefrom; (iv)\tclearing or breaking up any land for cultivation, mining or for any other purpose; (v) \tpolluting water flowing in and through the national park: Provided that the Government may, for scientific purposes or for betterment of the national park or for aesthetic enjoyment of scenery or for any other exceptional reasons, relax all or any of the prohibitions specified above. (4) Construction of access roads, rest houses and hotels and provision of amenities for the public shall be so planned as may not impair, 41the primary object of the establishment of a national park. (5) The Government may declare any area to be a game reserve and allow hunting and shooting of wild animals under a special permit wherein the maximum number of the wild animals to be killed and the area and the duration for which such permit shall remain valid shall be specified. (6) Such alterations in the boundaries of wild life sanctuaries, national parks and game reserves may be affected as the Government may approve.", "name": "", "related_acts": "", "section_id": 23 }, { "act_id": 452, "details": "24. (1) Where the Government is satisfied that an area of private land has been dedicated by its owner to the same purposes as a game reserve, the Government, on an application of the owner, declare, by notification in the official Gazette, such area to be private game reserve. (2) The owner of such private game reserve shall, within its boundary, exercise all the powers of an officer under this Order. (3) If the Government is satisfied that a private game reserve does not meet the requirements for being treated as such, the 42Government may, at any time, declare, by notification in the official Gazette, that it has ceased to be a private game reserve from such date as may be specified in the notification.", "name": "", "related_acts": "", "section_id": 24 }, { "act_id": 452, "details": "25. Interference by any one in the discharge of the duties of 43an officer shall be an offence.", "name": "", "related_acts": "", "section_id": 25 }, { "act_id": 452, "details": "26. (1) If a person- (a)\tcontravenes or attempts to contravene the provisions of Article 5, 7, 9, 10, 11, 12, 13, 14, 15 and 23, he shall be punished with imprisonment which may, subject to the minimum of six months, extend to one year and also with a fine which may, subject to the minimum of Taka five hundred, extend to Taka one thousand, and the hunting licence, gun licence under Arms Act, 1878, shooting permit or special permit issued to such person shall be cancelled and the firearms, vehicles, vessels, watercraft, appliances or anything used in the commission of the offence including the wild animals meat or trophy found in his possession shall be confiscated;  (b)\tcontravenes or attempts to contravene the provisions of Articles 6 and 25, he shall be punished with imprisonment which may, subject to the minimum of one year, extend to two years and also with a fine which may, subject to the minimum of Taka one thousand, extend to Taka two thousand and the hunting licence, gun licence under Arms Act, 1878, shooting permit or special permit issued to such person shall be cancelled and the firearms, vehicles, vessels, watercrafts, appliances or anything used in the commission of the offence including the wild animal, meat or trophy found in his possession shall be confiscated; (c)\tcontravenes or attempts to contravene the provisions of Articles 18 and 21, he shall be punished with a fine which may, subject to the minimum of Taka two hundred and fifty, extend to Taka five hundred. (2) Any person who contravenes any provision of this Order or any rule made thereunder for the contravention of which no specific penalty has been provided, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka five hundred, or with both.", "name": "", "related_acts": "38,38", "section_id": 26 }, { "act_id": 452, "details": "27. No court shall take cognizance of any offence under this Order except on the complaint of an officer 44* * *.", "name": "", "related_acts": "", "section_id": 27 }, { "act_id": 452, "details": "28. Nothing contained in this Order shall be deemed to prevent any person from being prosecuted under any other law for any act of commission or omission which constitutes an offence under this Order, or from being liable under any other law to any higher punishment or penalty than that provided by this Order.", "name": "", "related_acts": "", "section_id": 28 }, { "act_id": 452, "details": "29. When an offender is not known or cannot be found, any officer 45* * * may, if he finds that an offence has been committed, confiscate the property used in the commission of the offence.", "name": "", "related_acts": "", "section_id": 29 }, { "act_id": 452, "details": "30. The Government may, as and when considers it necessary, set up a mobile court for trying offences under this Order.", "name": "", "related_acts": "", "section_id": 30 }, { "act_id": 452, "details": "31. (1) Any officer 46not below the rank of a Forester or Senior Wildlife Scout may, without orders from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of his having been concerned in any offence under this Order. (2) Every officer making an arrest under this Article shall, without unnecessary delay and subject to the provisions of this Order as to release on bond, take or send the person arrested before the Magistrate having jurisdiction in the case or the officer-in-charge of the nearest police station.", "name": "", "related_acts": "", "section_id": 31 }, { "act_id": 452, "details": "32. Any officer not below the rank of Forest Ranger or Wild Life Supervisor 47who, or whose subordinate, has arrested any person under Article 31 may release such person on his executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case or before the officer-in-charge of the nearest police station.", "name": "", "related_acts": "", "section_id": 32 }, { "act_id": 452, "details": "33. Every officer 48* * * shall be competent to take all lawful means to prevent the commission of any offence under this Order.", "name": "", "related_acts": "", "section_id": 33 }, { "act_id": 452, "details": "34. The offences under this Order shall be tried by a Magistrate of the First Class.", "name": "", "related_acts": "", "section_id": 34 }, { "act_id": 452, "details": "35. The District Magistrate or any Magistrate of the First Class specially empowered by the Government in this behalf may try an offence punishable under this Order summarily, under the Code of Criminal Procedure, 1898, subject to the 49provisions of Chapter XXII of that Code.", "name": "", "related_acts": "75", "section_id": 35 }, { "act_id": 452, "details": "36. (1) The Government may, by notification in the official Gazette, empower an officer- (a)\tto accept from any person against whom a reasonable suspicion exists that he has committed any offence under this Order a sum of money by way of compensation for the offence which such person is suspected to have committed; and (b)\tto release any property which has been seized as liable to confiscation, on payment of such value thereof as may be estimated by such officer; (c)\tto discharge in such cases as may be prescribed the suspected person if he is in custody or to release the seized property on payment of such sum of money, or such value as compensation to such officer as may be determined and to withdraw the proceedings against such person or property. (2) The sum of money accepted as compensation under sub-clause (a) of clause (1) shall not be less than Taka one thousand and shall not exceed Taka two thousand. (3) No officer shall have power to compound a second and subsequent offence 50committed by the same person or persons under this Order.", "name": "", "related_acts": "", "section_id": 36 }, { "act_id": 452, "details": "37. Any person in possession of arms under a licence issued under the Arms Act, 1878, and residing within 5 miles from, the boundary of a wild life sanctuary, national park or game reserve shall, within 51such date as the Government may, by notification in the official Gazette, direct, apply to the nearest officer in the prescribed form for the registration of his name.", "name": "", "related_acts": "38", "section_id": 37 }, { "act_id": 452, "details": "38. The Government may vest in any officer 52* * * all or any of the following powers, namely:- (a)\tthe power of a civil court to compel the attendance of witnesses and the production of documents and material objects; (b) \tthe power to issue a search-warrant under the Code of Criminal Procedure, 1898; (c) \tthe power to hold an inquiry into an offence under this Order and in the course of such inquiry to receive and record evidence; and (d) \tthe power to prosecute a case before a Magistrate.", "name": "", "related_acts": "75", "section_id": 38 }, { "act_id": 452, "details": "39. All officers under this Order shall be deemed to be public servants within the meaning of the section 21 of the Penal Code.", "name": "", "related_acts": "", "section_id": 39 }, { "act_id": 452, "details": "40. Under this Order, carrying of fire arms up to the rank of Junior Wild Life Scout shall be treated as part of the uniform.", "name": "", "related_acts": "", "section_id": 40 }, { "act_id": 452, "details": "41. No suit, prosecution or other legal proceedings shall lie against any officer for anything done in good faith or intended to be done in pursuance of any provisions of this Order or the rules made thereunder.", "name": "", "related_acts": "", "section_id": 41 }, { "act_id": 452, "details": "42. All police officers shall, upon request made by any person employed under this Order, assist him in the due discharge of his duties under this Order.", "name": "", "related_acts": "", "section_id": 42 }, { "act_id": 452, "details": "43. An officer may, in the course of his official duties, resort to the use of firearms in exercise of his right of private defence of person and properties when the situation and circumstances are beyond the physical control of such officer.", "name": "", "related_acts": "", "section_id": 43 }, { "act_id": 452, "details": "44. The Government may, by notification in the official Gazette, delegate all or any of the powers conferred upon it under the provisions of this Order to any officer subordinate to it.", "name": "", "related_acts": "", "section_id": 44 }, { "act_id": 452, "details": "45. Notwithstanding anything contained in this Order, the Government may, in the interest of scientific or any public purpose, allow, by notifications in the official Gazette, killing or capturing of any wild animal in such place and by such means as may be specified in the notification.", "name": "", "related_acts": "", "section_id": 45 }, { "act_id": 452, "details": "46. The Government may, by notification in the official Gazette, in respect of any specified area- (i) \tadd to or exclude from a Schedule any wild bird or animal subject to such conditions as may be prescribed; (ii) \talter the period during which any wild bird or animal specified in the First Schedule may be killed.", "name": "", "related_acts": "", "section_id": 46 }, { "act_id": 452, "details": "47. (1) The Government may, by notification in the official Gazette, make rules for the purpose of carrying into effect the provisions of this Order. (2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe- (a)\tthe powers and duties of the officers 53* * * ; (b)\tthe form in which, and the terms and conditions on which, a licence or a permit or a special licence or a special permit may be granted;  (c) \tthe fees to be charged for any licence or permit or a special licence or special permit; (d) \tin the case of any species of wild animals, the number and the sex that may be killed under a licence; (e) \trewards to be given to the persons who render help in the detection of offences under this Order; (f) \tthe authorities by whom licences may be issued; and (g) \tthe management of wild life sanctuaries, national parks and game reserves.", "name": "", "related_acts": "", "section_id": 47 }, { "act_id": 452, "details": "48. The enactments mentioned in the table below are hereby repealed to the extent specified in the third column thereof.", "name": "Repealed", "related_acts": "", "section_id": 48 } ], "text": "WHEREAS it is expedient to provide for the preservation, conservation and management of wild life in Bangladesh; NOW, THEREFORE, in pursuance of paragraph 3 of the Fourth Schedule to the Constitution of the People’s Republic of Bangladesh, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-" }

{ "id": 453, "lower_text": [ "1 The words “Bangladesh Red Crescent Society” were substituted for the words “Bangladesh Red Cross Society” by section 3 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988)", "2 Clauses (a), (aa) and (aaa) were substituted for former clause (a) by section 2 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1985 (Ordinance No. IX of 1985)", "3 The words “Bangladesh Red Crescent Society” were substituted for the words “Bangladesh Red Cross Society” by section 4 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988)", "4 The words “Bangladesh Red Crescent Society” were substituted for the words “Bangladesh Red Cross Society” by section 4 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988)", "5 The words “Bangladesh Red Crescent Society” were substituted for the words “Bangladesh Red Cross Society” by section 5 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988)", "6 The words “Bangladesh Red Crescent Society” were substituted for the words “Bangladesh Red Cross Society” by section 5 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988)", "7 The words “International Red Cross and Red Crescent Movement” were substituted for the words “ International Red Cross” by section 6 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988)", "8 The words “International Red Cross and Red Crescent Movement” were substituted for the words “ Red Cross” by section 6 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988)", "9 The words “Red Crescent” were substituted for the words “ Red Cross” by section 6 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988)", "10 Articles 7 and 7A were substituted for former Article 7 by section 2 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1975 (Ordinance No. XLIX of 1975)", "11 Clause (1) was substituted by section 2 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989)", "12 The word “eight” was substituted for the word “six” by section 2 of the Bangladesh Red Cross Society (Amendment) Act, 1980 (Act No. XXXIV of 1980)", "13 Clause (3) was substituted by section 2 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989)", "14 The words “five of the eight” were substituted for the words “three of the six” by section 2 of the Bangladesh Red Cross Society (Amendment) Act, 1980 (Act No. XXXIV of 1980)", "15 The words “Chairman of the Society from amongst its members on the recommendation of the Chairman of the Executive Committee concerned” were substituted for the words “Chairman of the Society” by section 2 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989)", "16 Clause (5) was omitted by section 3 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1985 (Ordinance No. IX of 1985)", "17 Clause (7) was added by section 2 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989).", "18 Clause (d) was substituted by section 5 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1985 (Ordinance No. IX of 1985)", "19 Sub-clause (b) was substituted by section 3 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989)", "20 Clause (1A) was omitted by section 6 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1985 (Ordinance No. IX of 1985)", "21 Article 9A, 9B, 9C, 9D, and 9E was substituted for Article 9A by section 7 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1985 (Ordinance No. IX of 1985)", "22 Clause (1A) was inserted by section 7 of the Bangladesh Red Crescent Society (Amendment) Act, 1988 (Act No. XXV of 1988)", "23 The words “Treasurer or member of the Managing Board” were substituted for the words “member of the Managing Board” by section 4 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Ordinance No. XIV of 1989)", "24 The words “or General Body” were inserted by section 5 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989)", "25 The words “or General Body” were inserted by section 5 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989)", "26 The word, figure and letter “Article 9B” were substituted for the word, figure and letter “Article 7B” by section 8 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988)", "27 The words “and the Treasurer” were omitted by section 6 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989)", "28 The word “he” was substituted for the word “they” by section 6 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989)", "29 The words “or the Treasurer” were omitted by section 6 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989)", "30 The words “and the Treasurer of the Society in accordance with the provisions of this Order and rules made thereunder” were substituted for the words “of the Society in accordance with the provisions of this Order” by section 6 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989)", "31 Article 14A was inserted by section 8 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989)", "32 Clause (d) was substituted by section 7 of the Bangladesh Red Crescent Society (Amendment) Act, 1989 (Act No. XIV of 1989)", "33 The proviso was omitted by section 6 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1975 (Ordinance No. XLIX of 1975)", "34 The words “Red Crescent Depots” were substituted for the words “Red Cross Depots” by section 9 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988)", "35 The words “Red Cross and Red Crescent” were substituted for the words “Red Cross” by section 10 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988)", "36 Article 21A was inserted by section 2 of the Bangladesh Red Cross Society (Amendment) Act, 1974 (Act No. V of 1974)", "37 The words “any Red Cross Organisation or any other Red Crescent Organisation” were substituted for the words “any other Red Cross Organisation” by section 11 of the Bangladesh Red Cross Society (Amendment) Act, 1988 (Act No. XXV of 1988)", "38 Article 23 was substituted by section 7 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1975 (Ordinance No. XLIX of 1975)" ], "name": "The Bangladesh Red Crescent Society Order, 1973 (President's Order)", "num_of_sections": 33, "published_date": "31st March, 1973", "related_act": [ 442 ], "repelled": false, "sections": [ { "act_id": 453, "details": "1. (1) This Order may be called the 1Bangladesh Red Crescent Society Order, 1973. (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": 453, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- 2(a) \t“elective office” means the office of Vice-Chairman, Secretary or elected member of an Executive Committee or Vice-Chairman or elected member of the Managing Board; (aa) \t“Executive Committee” means an Executive Committee of a Unit; (aaa) \t“General Body” means the General body of the Society constituted under Article 8; (b)\t“Managing Board” means the Managing Board of the Society constituted under Article 9; (c) \t“Prescribed” means prescribed by rules made under this Order; (d)\t“President” means the President of the 3Bangladesh Red Crescent Society; (e)\t“Schedule” means Schedule to this Order; (f)\t“Society” means the 4Bangladesh Red Crescent Society constituted by this Order; (g)\t“Unit” means a Unit of the Society constituted under Article 7.", "name": "", "related_acts": "", "section_id": 2 }, { "act_id": 453, "details": "3. (1) There shall be constituted a Society to be called the 5Bangladesh Red Crescent Society, the first members of which shall be such persons as were the life members or members of any other grade of the Pakistan Red Cross Society immediately before the commencement of this Order and are resident in Bangladesh. (2) The first members of the Society and all persons who may become members thereof, so long as they continue to be such members are hereby constituted a body corporate under the name of the 6Bangladesh Red Crescent Society, and the said body shall have 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": 453, "details": "4. (1) The Society shall in all its activities observe neutrality, impartiality, independence, universality, humanity and all other basic principles and shall adhere to the statutes of the 7International Red Cross and Red Crescent Movement and the Geneva Conventions. (2) The Society shall, as an auxiliary to public authorities maintain autonomy and act at all times in accordance with the fundamental principles of the 8International Red Cross and Red Crescent Movement. (3) The Society shall use as its emblem the heraldic sign of the 9Red Crescent on a white ground in accordance with the Geneva Conventions and the law in force relating to preservation of the sanctity of such emblem.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 453, "details": "5. The Society shall have the objects set forth in the First Schedule and shall apply its funds to the same.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 453, "details": "6. The President of the People's Republic of Bangladesh shall be the President of the Society.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 453, "details": "107. 11(1) There shall be constituted a Unit of the Society in each District and in each City (2) Subject to the control of the Managing Board, the administration and management of the affairs and business of a Unit shall vest in an Executive Committee consisting of- (a)\ta Chairman; (b)\ta Vice-Chairman; (c)\ta Secretary; and (d)\t 12eight other members. 13(3) The Chairman of the Zilla Parishad in the case of a District and the Mayor of the Municipal Corporation in the case of a City shall be the Chairman of the Executive Committee of such Unit. Explanation.- “Chairman of the Zilla Parishad” or “Mayor of the Municipal Corporation” shall include a person for the time being performing the functions of that office. (4) The Vice-Chairman, the Secretary and 14five of the eight other members shall be elected in such manner as may be prescribed; and the three other members shall be nominated by the 15Chairman of the Society from amongst its members on the recommendation of the Chairman of the Executive Committee concerned. 16* * *. (6) A Unit may admit persons to any grade of membership of the Society in such manner and on such terms and conditions as may be prescribed: Provided that the membership shall be open to all citizens of Bangladesh without any discrimination on grounds of race, sex, class, religion or political opinion. 17(7) In this Article “City” means the City of Dhaka, Chittagong, Khulna or Rajshahi.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 453, "details": "7A. Omitted by section 4 of the Bangladesh Red Cross Society (Amendment) Ordinance, 1985 (Ordinance No. IX of 1985).", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 453, "details": "8. There shall be a General Body consisting of- (a)\tdelegates of the Units to be nominated in such manner and for such term as may be prescribed; (b) \tthe Chairman, the Vice-Chairman, the Treasurer of the Society;  (c) \tmembers of the Managing Board; 18(d) \tone representative each from the Ministries of Health and Population Control, Social Welfare and Women Affairs and Relief and Rehabilitation and the Defence Division to be nominated by the respective Ministry or Division.", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 453, "details": "9. (1) There shall be a Managing Board consisting of- (a)\tthe Chairman, the Vice-Chairman, and the Treasurer of the Society; and 19(b) \ttwelve other members to be elected by the General Body in accordance with the provisions of this Order and the rules made thereunder. 20* * * (2) The Secretary-General of the Society appointed under Article 12 shall be ex-officio Secretary to the Managing Board. (3) Subject to control of the General Body, the administration and management of the affairs and business of the Society shall vest in the Managing Board which may exercise all powers and do all acts which may be exercised or done by the Society. (4) The Managing Board constituted under clause (1), shall meet as often as may be necessary, but not less than once in every quarter of a year.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 453, "details": "219A. (1) The term of an Executive Committee or Managing Board shall be three years commencing from the first day of January of the year following the year in which general election to the elective offices of the Executive Committee or Managing Board, as the case may be, is held. 22(1A) Notwithstanding anything contained in clause (1), the Chairman of the Society, in the case of an Executive Committee, or the President, in the case of the Managing Board, may, if he considers necessary in the public interest so to do, extend the term of an Executive Committee or the Managing Board, as the case may be, by one year. (2) A casual vacancy in the office of Vice-Chairman, Secretary or member of an Executive Committee or Vice-Chairman or 23Treasurer or member of the Managing Board shall be filled by election or nomination, as the case may be, in accordance with the provisions of this Order and rules made thereunder, and a person so elected or nominated shall hold office for the residue of the term of the Executive Committee or Managing Board, as the case may be.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 453, "details": "9B. (1) If, for any reason, the general election to the elective offices of an Executive Committee or Managing Board cannot be held before the expiry of its term, the Chairman of the Society, in the case of an Executive Committee, or the President, in the case of the Managing Board, shall appoint an ad hoc Executive Committee or Managing Board, as the case may be, to exercise the powers and perform the functions of such Committee or Board for a period of three months. (2) An ad hoc Executive Committee or Managing Board shall consist of such office-bearers and other members as are specified in Article 7 or Article 9, as the case may be. (3) An ad hoc Executive Committee or Managing Board shall continue to function till the general election to the elective offices of the Executive Committee or Managing Board, as the case may be, held and such general elections shall be held within three months from the date of appointment of the ad hoc Committee or Board. (4) Notwithstanding anything contained in clause (1) of Article 9A, the term of the Executive Committee or Managing Board constituted after the general election mentioned in clause (3) shall be counted from the first day of January of the year in which such election is held.", "name": "", "related_acts": "", "section_id": 12 }, { "act_id": 453, "details": "9D. Notwithstanding anything contained in Articles 9A and 9B, no election to fill a casual vacancy in an Executive Committee or Managing Board shall be held, if the residue of the term of such Committee or Board is less than one year.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 453, "details": "9E. No act or proceeding of an Executive Committee 24or General Body or Managing Board shall be invalid merely on the ground of existence of any vacancy in, or any defect in the constitution of, the Executive Committee 25or General Body or Managing Board, as the case may be.", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 453, "details": "9C. (1) If the Chairman of the Society, in the case of an Executive Committee, or the President, in the case of the Managing Board, is of opinion that the Executive Committee or the Managing Board, as the case may be, is not discharging its functions properly or is acting in a manner prejudicial to the interest of the society, he may, by order in writing, declare the Executive Committee or Managing Board, as the case may be, to be superseded for such period as may be specified in the order. (2) On the making of an order under clause (1), - (a)\tall persons holding any office in the Executive Committee or Managing Board, as the case may be, shall cease to hold such office; (b)\tall powers and functions of the Executive Committee or Managing Board, as the case may be, shall, during the period of supersession, be exercised and performed by an ad hoc Executive Committee or Managing Board, as the case may be, appointed in such manner as is specified in 26Article 9B. (3) On the expiry of the period of supersession, the Executive Committee or Managing Board, as the case may be, shall be reconstituted in accordance with the provisions of this Order and the rules made thereunder. (4) Notwithstanding anything contained in clause (1) of Article 9A, the term of the Executive Committee or Managing Board, as the case may be, reconstituted under clause (3), shall be counted from the first day of January of the year in which the general election to the elective offices of the reconstituted Executive Committee or Managing Board, as the case may be, is held.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 453, "details": "10. (1) The President shall appoint the Chairman 27* * * of the Society for a term of three years but 28he shall hold office at the pleasure of the President: Provided that no person shall be appointed the Chairman 29* * * for more than two consecutive terms: Provided further that any person so appointed, who is not a life member of the Society, shall, within thirty days of such appointment, become a life member of the Society. (2) The General Body shall, in its Annual General Meeting, elect the Vice-Chairman 30and the Treasurer of the Society in accordance with the provisions of this Order and rules made thereunder.", "name": "", "related_acts": "", "section_id": 16 }, { "act_id": 453, "details": "11. (1) The Chairman shall be the Chief Executive of the Society, and in the absence of the Chairman, the Vice-Chairman shall perform the functions of the Chairman. (2) The Treasurer shall control the funds and finances of the Society and shall ensure maintenance of proper accounts for purposes of audit. (3) The accounts of the Society shall be audited annually by an auditor being a Chartered Accountant within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P. O. No. 2 of 1973) appointed by the Managing Board for the purpose, and shall be maintained, and presented for audit, in such form and manner as may be prescribed.", "name": "", "related_acts": "442", "section_id": 17 }, { "act_id": 453, "details": "12. (1) The Managing Board shall appoint a Secretary-General and a Deputy Secretary-General of the Society on such terms and conditions as may be determined by the Managing Board : Provided that any person so appointed, who is not a life member of the Society, shall, within thirty days of his appointment, become a life member of the Society. (2) There shall be a Secretariat of the Society and the Secretary-General shall be the head of the Secretariat, and in the absence of the Secretary-General, the Deputy Secretary-General shall act as such head and perform all the functions of the Secretary-General. (3) The Chairman of the Society may, subject to confirmation by the Managing Board, make provisional appointment of the Secretary-General and the Deputy Secretary-General.", "name": "", "related_acts": "", "section_id": 18 }, { "act_id": 453, "details": "13. The General Body shall meet at least once in every Gregorian calendar year and one such meeting shall be the Annual General Meeting of the Society.", "name": "", "related_acts": "", "section_id": 19 }, { "act_id": 453, "details": "3114A. Notwithstanding anything contained in this Order or rules made thereunder, an election to fill a casual vacancy in the office of Vice-Chairman or Treasurer of the Society or of a member of the Managing Board as mentioned in clause (2) of Article 9A or a general election to the elective offices of the Managing Board as mentioned in clause (3) of Article 9B or as mentioned in clause (4) of Article 9C may, if necessary, be held in any meeting of the General Body.", "name": "", "related_acts": "", "section_id": 20 }, { "act_id": 453, "details": "14. (1) The Annual General Meeting of the Society shall transact the following business: (a)\tadopt the Annual Report of the affairs of the Society to be presented by the Secretary-General;  (b) \tpass the Audit Report of the preceding year to be presented by the Treasurer; (c) \tapprove of the Annual Budget prepared by the Managing Board; 32(d) when necessary, elect the Vice-Chairman and the Treasurer of the Society and the members of the Managing Board; (e)\tconsider any other matter specially placed before it by any delegate or the Managing Board in the prescribed manner for consideration in such meeting. (2) A copy of the Proceedings of the Annual General Meeting along with the copies of the Annual Report and the Audit Report, as adopted in the meeting, shall be sent to the Government.", "name": "", "related_acts": "", "section_id": 21 }, { "act_id": 453, "details": "15. The General Body shall, in the First Annual General Meeting elect, from amongst the delegates present in the meeting, the Vice-Chairman of the Society and twelve members of the Managing Board for a term of three years:  Provided that such elected persons shall hold office as long as they continue to be members of the Society : 33* * *", "name": "15", "related_acts": "", "section_id": 22 }, { "act_id": 453, "details": "16. (1) Until such time as the General Body is constituted the Ad hoc Committee of the Bangladesh Red Cross Society constituted by the Government by order dated the 4th January, 1972, issued by the Ministry of Health, Labour and Social Welfare, shall be deemed to be the Ad hoc General Body of the Society and shall perform the functions and discharge the duties of the Managing Board till such time as the Managing Board is constituted. (2) It shall be the duty of the Ad hoc General Body: (a)\tto frame Rules under this Order and publish the same in the official Gazette before the 31st day of May, 1973; (b) \tto constitute the Units of the Society before the 30th day of November, 1973; and (c) \tto hold the Annual General Meeting of the Society before the 31st day of December, 1973. (3) If the Ad hoc General Body fails to make the Rules or to constitute the Units or to hold the Annual General Meeting of the Society within the times specified in clause (2), the President shall dissolve the Ad hoc General Body and shall appoint a new Ad hoc General Body, consisting of not more than fifteen persons who are members of the Society, to discharge the duties under this Article. (4) The new Ad hoc General Body, if any, appointed under clause (3) shall, function for such period, not exceeding six months, as the President may determine.", "name": "", "related_acts": "", "section_id": 23 }, { "act_id": 453, "details": "17. (1) On the commencement of this Order : (a)\tall assets of the Pakistan Red Cross Society in Bangladesh and of the former East Pakistan Provincial Branch and other branches thereof shall stand transferred to and vested in the Society.  Explanation.- The expression “assets” includes rights, privileges, authorities, powers and properties, both movable and immovable, including buildings, vehicles, vessels, cash balance, bank deposits, reserve funds, investments, stocks and shares and all interests arising out of such rights, privileges, authorities, powers and properties, and all books of account, registers, records and all other documents; (b)\tall debts and liabilities incurred, all obligations undertaken, all contracts entered into and all agreements made by or with the Pakistan Red Cross Society or the former East Pakistan Provincial Branch thereof for the sole benefit of the former East Pakistan Provincial Branch or the territories constituting Bangladesh shall stand transferred to, and be deemed to have been incurred, undertaken, entered into and made by or with the Society; (c) \tall suits and other legal proceedings instituted in Bangladesh before the commencement of this Order by or against the Pakistan Red Cross Society or the former East Pakistan Provincial Branch thereof shall be deemed to have been instituted by or against the Society and may be continued or proceeded with accordingly; (d) \tall officers and other employees of the Pakistan Red Cross Society and of the former East Pakistan Provincial Branch thereof in Bangladesh shall stand transferred to the Society on such terms and conditions as the Society may determine : Provided that an officer or an employee so transferred shall have the option not to continue in the service of the Society. (2) The following properties shall vest in the Society : (a) \tall monies and properties which may be allotted to the Society out of the share of the Pakistan Red Cross Society in the assets of the Indian Red Cross Society as specified in the Second Schedule; (b) \tall monies and properties in the share of the former East Pakistan Provincial Branch of the Pakistan Red Cross Society which may be received by the Society out of the assets of the Pakistan Red Cross Society; and  (c) \tall gifts made to the Society for the purposes of the Society.", "name": "", "related_acts": "", "section_id": 24 }, { "act_id": 453, "details": "18. Notwithstanding anything contained in any appeal for subscriptions or gifts to or for the purposes of the Joint War Committee, Indian Branch, of the Order of St. John of Jerusalem in England and the British Red Cross Society made during the World War, the Society may in its discretion apply: (a)\teither the corpus or the income or any part of such corpus or income of any property vested in it under sub-clause (a) of clause (2) of Article 17 for the relief of sickness, suffering or distress caused by any War in Bangladesh or in any other country in which armed forces from Bangladesh may be employed and for purposes cognate to those subjects and in maintaining 34Red Crescent Depots for Military purposes in and outside Bangladesh; (b) \tthe income only of any such property but not the corpus or any part thereof for the relief of sickness of suffering in Bangladesh or in pursuance of any of the objects set forth in the First Schedule.", "name": "", "related_acts": "", "section_id": 25 }, { "act_id": 453, "details": "19. (1) Subject to the general principles governing 35Red Cross and Red Crescent activities, the Managing Board may affiliate to the Society any other society or body having all or any of the objects and purposes referred to in Article 5 and may provide for allocation, and distribution of funds and materials, through such society or body, to or for any such objects or purposes. (2) The Society may regulate, control and supervise the activities of the affiliated societies or bodies in such manner and for such purposes as may be prescribed. (3) All societies or bodies in Bangladesh which were affiliated in Pakistan Red Cross Society or the former East Pakistan Provincial Branch thereof on the 16th day of December, 1971, shall be deemed to have been affiliated to the Society under this Order.", "name": "", "related_acts": "", "section_id": 26 }, { "act_id": 453, "details": "20. The Managing Board may receive and hold gifts of whatsoever description either for the general purposes of the Society or for any particular purpose and on receipt of such gifts may, subject to any rule made under Article 23, apply the same to such purposes, either directly or through the Units or the societies or bodies affiliated under Article 19 or any agency established, by agreement, for any such purpose.", "name": "", "related_acts": "", "section_id": 27 }, { "act_id": 453, "details": "21. The Society may appoint such officers and other employees as it considers necessary for the efficient management of its affairs and business on such terms and conditions as it may determine from time to time.", "name": "", "related_acts": "", "section_id": 28 }, { "act_id": 453, "details": "3621A. Notwithstanding anything contained in any other law for the time being in force or in any contract or judgment, award or decision of any court or tribunal- (a)\tthe Society and the institutions, organisations and establishments owned, maintained or managed by it, either singly or jointly with 37any Red Cross Organisation or any other Red Crescent Organisation, shall be deemed to be non-profit earning and the service of any person in or under the Society or any such institution, organisation or establishment shall be deemed to be service for the cause of humanity and any remuneration paid for such service shall be deemed to be honorarium; (b)\tthe Society or any institution, organisation or establishment specified in clause (a) or any office thereof shall not be deemed to be “factory”, “shop”, “establishment”, “commercial establishment”, “industrial establishment” or “industry” within the meaning of the Factories Act, 1965 (E. P. Act IV of 1965), the Shops and Establishments Act, 1965 (E. P. Act VII of 1965), the Employment of Labour (Standing Orders) Act, 1965 (E. P. Act VIII of 1965), or the Industrial Relations Ordinance, 1969 (Ord. XXIII of 1969); (c)\tany union or association of the officers or employees of the Society or of any institution, organisation or establishment specified in clause (a) registered or deemed to be registered under the Industrial Relations Ordinance, 1969 (Ord. XXIII of 1969), shall cease to be so registered for the purpose of that Ordinance.", "name": "", "related_acts": "", "section_id": 29 }, { "act_id": 453, "details": "22. The Society may become a member of any International Organisation having all or any of the objects and purposes set forth in the First Schedule as its objects and purposes.", "name": "", "related_acts": "", "section_id": 30 }, { "act_id": 453, "details": "3823. (1) The Managing Board may, with the previous approval of the President, make rules, not inconsistent with this Order, 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 rules made under this Article shall be published in the official Gazette and shall come into force on such publication.", "name": "", "related_acts": "", "section_id": 31 }, { "act_id": 453, "details": "24. The Society shall not be dissolved except by law made for the purpose.", "name": "", "related_acts": "", "section_id": 32 }, { "act_id": 453, "details": "25. The Red Cross Society Act (XV of 1920) is hereby repealed.", "name": "", "related_acts": "", "section_id": 33 } ], "text": "WHEREAS it is expedient to provide for the administration of various monies and gifts received from the public for the purpose of medical and other aid to the sick and wounded and other purposes of a like nature, and for the administration of the monies and properties which may be allotted to Bangladesh out of the share of the Pakistan Red Cross Society in the assets of the Indian Red Cross Society and the monies and properties in the share of the former East Pakistan Provincial Branch of the Pakistan Red Cross Society out of the assets of the Pakistan Red Cross Society; AND WHEREAS it is expedient to constitute a Bangladesh Red Crescent Society to provide for aid to the sick and wounded and to the victims of natural calamities and civil disturbances and other purposes of a like nature; NOW, THEREFORE, in pursuance of paragraph 3 of the Fourth Schedule to the Constitution of the People’s Republic of Bangladesh, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order :-" }

{ "id": 454, "lower_text": [ "1 The words “Bangladesh except the Rajshahi Division” was substituted for the word “Bangladesh” by section 35 of the Rajshahi Krishi Unnayan Bank Ordinance,1986 (Ordinance No. LVIII of 1986)", "2 The words “Rajshahi and Rangpur” were substituted for the word “Rajshahi” by section 41 of রাজশাহী কৃষি উন্নয়ন ব্যাংক আইন, ২০১৪ (২০১৪ সনের ১৯ নং আইন)।", "3 The words, commas, figures and brackets “Banking Companies Ordinance, 1962 (Ordinance No. LVII of 1962), ” were substituted for the words, commas, figures and brackets “Banking Companies (Inspection) Ordinance, 1946 (Ordinance No. IV of 1946), the Banking Companies (Control) Act, 1948 (Act No. XXII of 1948)” by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)", "4 Article 7 was substituted by section 2 of the Bangladesh Krishi Bank (Second Amendment) Ordinance, 1983 (Ordinance No. XLIII of 1983)", "5 The words and comma “Chairman, Managing Director” were substituted for the words “Managing Director” by section 3 of the Bangladesh Krishi Bank (Second Amendment) Ordinance, 1983 (Ordinance No. XLIII of 1983)", "6 The words and comma “Chairman, Managing Director” were substituted for the words “Managing Director” by section 3 of the Bangladesh Krishi Bank (Second Amendment) Ordinance, 1983 (Ordinance No. XLIII of 1983)", "7 The words and comma “Chairman, Managing Director” were substituted for the words “Managing Director” by section 3 of the Bangladesh Krishi Bank (Second Amendment) Ordinance, 1983 (Ordinance No. XLIII of 1983)", "8 The word and comma “Chairman,” was inserted by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)", "9 Clauses (1) and (2) were substituted by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)", "10 The proviso was omitted by section 4 of the Bangladesh Krishi Bank (Second Amendment) Ordinance, 1983 (Ordinance No. XLIII of 1983)", "11 The words, brackets, letters, and figure “sub-clause (c) or sub-clause (d) of clause (1)” were substituted for the words, brackets and figures “clause (ii) or clause (iii) ” by section 6 of the Bangladesh Krishi Bank (Second Amendment) Ordinance, 1983 (Ordinance No. XLIII of 1983)", "12 Clause (1) was substituted by section 2 of the Bangladesh Krishi Bank (Amendment) Ordinance, 1983 (Ordinance No. VIII of 1983)", "13 The figure “6” was substituted for the figure “4” by section 2 of the Bangladesh Krishi Bank (Amendment) Act, 1975 (Act No. XXIX of 1975)", "14 Clause (5) was omitted by section 2 of the Bangladesh Krishi Bank (Amendment) Act, 1975 (Act No. XXIX of 1975)", "15 The words, comma, figures, brackets and letters “Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973)” were substituted for the words, comma, figures and brackets “Chartered Accountants Ordinance, 1961 (Ordinance No. X of 1961)” by section 2 and the Schedule of the Banks and Financial Institutions Laws Amendment Act, 1980 (Act No. IX of 1980)", "16 Existing provision of Article 26 was numbered as clause (1) by section 2 and the Schedule of the Financial Institutions Laws Amendment Ordinance, 1977 (Ordinance No. LXI of 1977)", "17 The commas, words, brackets and figure “, subject to the provisions of clause (2),”were inserted by section 2 and the Schedule of the Financial Institutions Laws Amendment Ordinance, 1977 (Ordinance No. LXI of 1977)", "18 Clause (2) was added by section 2 and the Schedule of the Financial Institutions Laws Amendment Ordinance, 1977 (Ordinance No. LXI of 1977)", "19 The words “a Deputy Managing Director and” were inserted by section 2 of the Bangladesh Krishi Bank (Amendment) Ordinance, 1984 (Ordinance No. LVIII of 1984)", "20 The commas and the words “, subject to other provisions of this Order,” were inserted by section 2 and the Schedule of the Financial Institutions Laws Amendment Ordinance, 1977 (Ordinance No. LXI of 1977)" ], "name": "The Bangladesh Krishi Bank Order, 1973 (President's Order)", "num_of_sections": 40, "published_date": "31st March, 1973", "related_act": [ 98, 560, 306, 596, 442, 415 ], "repelled": false, "sections": [ { "act_id": 454, "details": "1. (1) This Order may be called the Bangladesh Krishi Bank Order, 1973. (2) It extends to the whole of 1Bangladesh except the 2Rajshahi and Rangpur Division. (3) It shall come into force at once and shall be deemed to have taken effect on the 16th December, 1971.", "name": "", "related_acts": "", "section_id": 1 }, { "act_id": 454, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a)\t“agriculture” includes the raising of crop of any kind, horticulture, forestry, fishery, animal husbandry, poultry farming, dairying, bee-keeping and sericulture and other agro-industries; (b) \t“agriculturist” means any individual engaged in agriculture or in the development of agriculture or agricultural products or in storage, warehousing, marketing or processing of agricultural produce, and any public or private limited company or co-operative society incorporated or registered by or under any law for the time being in force and so engaged, and any person, company or co-operative society incorporated or registered as aforesaid, who satisfies the Bank that the loan to be taken shall be spent on agriculture or the development of agricultural products or on the storage, warehousing, or marketing of agricultural products; (c) \t“Agricultural Development Bank of Pakistan” means the Agricultural Development Bank of Pakistan established by the Agricultural Development Bank of Pakistan Ordinance, 1961; (d) \t“Agricultural Development Bank of Bangladesh” means the Agricultural Development Bank of Bangladesh which took up the functions of the Agricultural Development Bank of Pakistan within the territory of Bangladesh immediately on the liberation of Bangladesh on the 16th December, 1971; (e) \t“Auditor-General” means the Comptroller and Auditor-General of Bangladesh; (f) \t“Bank” means the Bangladesh Krishi Bank established under this Order; (g) \t“Board” means the Board of Directors of the Bank; (h) \t“Bangladesh Bank” means the Bangladesh Bank established under the Bangladesh Bank Order, 1972 (P. O. No. 127 of 1972); (i) \t“Chairman” means the Chairman of the Board; (j) \t“co-operative society” means a society registered in Bangladesh under any law for the time being in force relating to registration of co-operative societies; (k) \t“cottage industry” means any industry which is carried on wholly or mainly by the members of a family either as a whole-time or as a part-time occupation or by a group of such persons who have formed themselves into a co-operative society; (l) \t“Government” means the Government of the People's Republic of Bangladesh; (m)\t“Managing Director” means the Managing Director of the Bank; (n)\t“prescribed” means prescribed by rules or regulations made under this Order; (o) \t“small agriculturist” means an agriculturist in occupation of a holding which is normally tilled by himself and the members of his family.", "name": "", "related_acts": "415", "section_id": 2 }, { "act_id": 454, "details": "3. (1) On the commencement of this Order, there shall be established a Bank to be called the Bangladesh Krishi Bank to carry out the purposes of this Order. (2) The Bank shall be a body corporate by the name of Bangladesh Krishi Bank, having perpetual succession and a common seal with power to hold an dispose of property and shall by the said name sue and be sued. (3) The Bank shall be deemed to be a banking company for the purpose of the 3Banking Companies Ordinance, 1962 (Ord. LVII of 1962), and the Bangladesh Bank Order, 1972 (P. O. No. 127 of 1972) and any other law for the time being in force relating to banking companies. (4) Notwithstanding anything contained in any of the laws mentioned in clause (3), the Bank may refer to the Bangladesh Bank for reconsideration of any directives issued under any of the said laws by the Bangladesh Bank and in the event of a difference of opinion between the Bank and the Bangladesh Bank, the matter shall be referred to the Government whose decision thereon shall be final.", "name": "", "related_acts": "415", "section_id": 3 }, { "act_id": 454, "details": "4. The authorised capital of the Bank shall be twenty crore taka to be subscribed by the Government from time to time according to the requirements of the Bank and in such form and manner as may be prescribed: Provided that the Government may increase the authorised capital of the Bank from time to time.", "name": "", "related_acts": "", "section_id": 4 }, { "act_id": 454, "details": "5. (1) The Head Office of the Bank shall be at Dacca and may be shifted to such other place as the Government may direct. (2) The Bank may open such other offices and branches at such places as it may consider necessary.", "name": "", "related_acts": "", "section_id": 5 }, { "act_id": 454, "details": "6. (1) Subject to the rules made under this Order, the general direction and administration of the affairs and business of the Bank shall be entrusted to a Board of Directors, to be constituted in accordance with the provisions of Article 7 and such Board may exercise all such powers and do all such acts and things as may be exercised or done by the Bank. (2) The Board, in discharging its functions, shall act on commercial considerations but with due regard to the interest of agriculture and development of agriculture and cottage and other allied industries in the rural as well as urban areas and to the public interest generally and shall be guided on questions of policy by the instructions, if any, given to it by the Government which shall be the sole judge as to whether a question is a question of policy or not. (3) Until the first Board is constituted under Article 7, the Managing Director appointed under the said Article shall exercise all powers and do all acts and things as may be exercised or done by the Board.", "name": "", "related_acts": "", "section_id": 6 }, { "act_id": 454, "details": "47. (1) The Board shall consist of the following Directors to be appointed by the Government, namely:- (a) \tthe Chairman; (b) \tthe Managing Director; (c) \tseven officials; and (d) \ttwo non-officials. (2) The Chairman shall be appointed from amongst persons who are not in the service of the Republic.", "name": "", "related_acts": "", "section_id": 7 }, { "act_id": 454, "details": "8. (1) The 5Chairman, Managing Director and other Directors 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 6Chairman, Managing Director or any other Director without assigning any reason. (3) The 7Chairman, Managing Director or any other Director may, at any time, resign his office by notice in writing addressed to the Government: Provided that no resignation shall take effect until it has been accepted by the Government.", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 454, "details": "9. (1) The Managing Director shall be the chief executive officer of the Bank. (2) The 8Chairman, Managing Director 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": 9 }, { "act_id": 454, "details": "10. 9(1) There shall be an Executive Committee consisting of the Chairman, Managing Director and another Director: 10* * * (2) The members of the Executive Committee, other than the Chairman and the Managing Director, shall be elected by the Board. (3) Subject to the rules made in this behalf, the Executive Committee shall deal with any matter within the competence of the Board. (4) The minutes of any meeting of the Executive Committee shall be laid before the Board at its meeting next following the meeting of the Committee.", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 454, "details": "11. No person shall be or shall continue to be a Director who,- (a)\tis a salaried official of the Bank, other than the Managing Director; or (b) \tis or has at any time been adjudicated an insolvent; or (c) \tis found lunatic or becomes of unsound mind; or (d) \tis or has at any time been convicted of an offence involving moral turpitude; or (e) \tis a minor; or (f) \tabsents himself from three consecutive meetings of the Board or, if he is a member of the Executive Committee, from three consecutive meetings of the Committee, without leave of absence from the Chairman or, in the case of the Chairman, from the Government.", "name": "", "related_acts": "", "section_id": 11 }, { "act_id": 454, "details": "11A. Omitted by section 5 of the Bangladesh Krishi Bank (Second Amendment) Ordinance, 1983 (XLIII of 1983).", "name": "", "related_acts": "", "section_id": 12 }, { "act_id": 454, "details": "12. (1) No business of the Board or of the Executive Committee shall be transacted except at a meeting at which a quorum of four Directors in the case of the Board and two members in the case of the Executive Committee is present. (2) The meetings of the Board and of the Executive Committee shall be held at such time and at such places as may be prescribed by regulations. (3) If a Director appointed under 11sub-clause (c) or sub-clause (d) of clause (1) of Article 7 is unable to attend for unavoidable reasons a meeting of the Board or of the Executive Committee of which any such Director is a member, the Government may, by order in writing, appoint another person in his place for the purpose of such meeting. (4) All meetings of the Board or of the Executive Committee shall be presided over by the Chairman and in his absence by a Director or member chosen for that purpose by the Directors or members present from amongst their number. (5) At a meeting of the Board or of the Executive Committee, each Director or member of the Committee, as the case may be, shall have one vote and in the event of equality of votes, the Chairman shall have a second or casting vote. (6) No act or proceeding of the Board or of the Executive Committee shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the Board or the Executive Committee.", "name": "", "related_acts": "", "section_id": 13 }, { "act_id": 454, "details": "13. 12(1) The Directors, other than the Managing Director, shall be paid such fees for attending the meetings of the Board and the Executive Committee as may be prescribed by rules. (2) The Directors shall be reimbursed such travel costs and other expenditure for attending the meetings of the Board and the Executive Committee as may be prescribed by rules. (3) All fees, travel costs and other expenses under this Article shall be payable by the Bank.", "name": "", "related_acts": "", "section_id": 14 }, { "act_id": 454, "details": "14. The Bank may appoint a Committee of experts to be called the Technical Advisory Committee to give it technical advice on schemes submitted to the Bank for financial assistance or on any point that may be referred to the Committee by the Board.", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 454, "details": "15. (1) The Bank shall provide credit in cash or in kind and credit facilities including the hiring and renting of anything which it may advance by way of loan and the provision for ware housing facilities, for such term and subject to such conditions as may be prescribed by rules, to agriculturists for the purpose of agriculture and to persons engaged in cottage and other allied industries in rural as well as urban areas for the purpose of such industries as may carry on and transact the several kinds of business hereinafter, specified, that is to say,- (a)\tthe accepting of money on deposit; (b) \tthe borrowing of money for the purposes of the Bank's business against the security of its assets or otherwise; (c) \tthe issuing and selling of bonds and debentures; (d) \tfor the purpose of securing loans and advances made by the Bank, accepting pledge, mortgage, hypothecation or assignment to the Bank of any kind of movable and immovable property or unconditional Bank guarantee of a scheduled bank or drawing, accepting, discounting, buying and selling or rediscounting bills of exchange and promissory notes bearing two or more good signatures, one of which shall be that of a scheduled bank or other negotiable instruments: Provided that where a loan not exceeding two thousand taka in the aggregate is made to an individual agriculturist, it may be secured by a bond with one or more sureties as the Bank may deem necessary if such agriculturist makes an agreement with the Bank creating a charge on any of his specified property to secure the performance of the stipulations of the bond;  (e) \tthe buying, stocking and supplying on credit, of seeds, agricultural machinery, implements and equipments, fertilizers and chemicals and any other material used in agriculture and acting as agent for any organisation for such goods; (f) \tthe subscribing to the debentures, being debentures repayable within a period not exceeding ten years of any body corporate concerned with agriculture or the financing of agriculture, the financing of cottage and other allied industries in rural as well as urban areas; (g)\tthe custody of gold ornaments, jewels, securities, saving certificates, title deeds and other valuable articles and the collection of the proceeds, whether principal, interest or dividends of any such securities or saving certificates; (h) \tthe administration of estates for any purpose whether as executor, transferee or otherwise; (i) \tthe paying, receiving, collecting and remitting of money and securities; (j) \tthe acquiring, maintaining and transferring of all movable and immovable property, including residential premises, for carrying on its business; (k) \tthe taking over of business, including the capital, assets and liabilities of any other Bank or financial corporation, with the previous approval of the Government; (l) \tthe guaranteeing against the security of agricultural property of loans granted by scheduled banks; (m)\tthe opening of accounts or the making of any agency arrangement with, and the acting as agent or correspondent of, any Bank or financial corporation; (n)\tthe investing of its funds in Government securities as a purely temporary measure: Provided that the investment of fund exceeding fifty laks of taka shall not be made except with the prior approval of the Government; (o)\tthe 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 claim and the acquisition and the 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; (p) \tgenerally the doing of all such acts and things as may be necessary, incidental or conducive to the attainment of the object of the Bank. (2) Notwithstanding anything in clause (1), any loan guaranteed by the Government may be made without any specific security. (3) Notwithstanding anything contained in any law for the time being in force, it shall be lawful for any agriculturist or persons engaged in cottage industry or in any other allied industries in the rural as well as urban areas to pledge, mortgage, hypothecate or assign any kind or quantity of movable or immovable property to the Bank, or otherwise to create a charge on any such property in order to secure the repayment of the loan and the Bank shall, in accordance with the provisions of this Order, be competent to deal with and recover its dues from any property so pledged, mortgaged, hypothecated or assigned: Provided that no property so pledged, mortgaged, hypothecated, assigned or otherwise charged shall be sold or otherwise disposed of except by public auction and then only so much of it as is sufficient to recover the dues of the Bank and the Bank shall not bid at such auction except in cases where the bid is not sufficient to pay up the Bank's dues or there are no bidders. (4) Notwithstanding anything contained in any law for the time being in force, any charge created on any property to secure the repayment of the loan of the Bank or to secure performance of the stipulations of any bond executed in favour of the Bank shall be enforced against such property in the hands of any person to whom it may have been transferred including the person who has acquired the property for consideration and without notice of the charge. (5) The Bank may make use of any agency prescribed by rules for watching the expenditure from its loans and making recoveries. (6) Subject to such directions, if any, as may be given by the Government, the Bank may carry on and transact outside Bangladesh all or any of the business specified in clause (1). (7) Notwithstanding anything in clause (1) or elsewhere in this Order, loans for purposes other than agricultural may be advanced to any deposit holder with the Bank against his own deposit as and when required.", "name": "", "related_acts": "", "section_id": 16 }, { "act_id": 454, "details": "16. The Bank may undertake, if necessary, in collaboration and consultation with official or non-official agencies,- (a)\tany research on agricultural credit, marketing or agricultural products, agricultural credit to co-operative societies, cottage industries and other allied industries in rural as well as urban areas, and other allied subject, and the establishment of research institutions in that connection; and (b) \tthe provision of training facilities, including the establishment of training institutions, for the benefit of its personnel and that of co-operative societies and other bodies corporate which may have financial relations with the Bank.", "name": "", "related_acts": "", "section_id": 17 }, { "act_id": 454, "details": "17. In transacting the business of the Bank, the Board shall, as far as possible, give preference to credit needs of small agriculturists, including any such agriculturist who engages a crop sharer (bargader).", "name": "", "related_acts": "", "section_id": 18 }, { "act_id": 454, "details": "18. (1) The Bank shall not undertake any kind of business other than that authorised by or under this Order and, in particular, it shall not – (a)\tdiscount or buy or advance or lend or open any credit on the security of any negotiable instrument payable in the town or at the place where it is presented for discount, which does not carry on it the several responsibilities of at least to persons unconnected with each other;  (b) \tpurchase or subscribe to shares of any company or other body corporate or otherwise acquired any such share except in the course of the satisfaction of any of its claims; (c) \tengage in trade or otherwise have a direct interest in any commercial, industrial or other undertaking, except such interest as it may in any way acquire in the course of the satisfaction of its claims. (2) Any share or interest acquired under sub-clause (b) or sub-clause (c) of clause (1) shall be disposed of by the Bank as early as possible.", "name": "", "related_acts": "", "section_id": 19 }, { "act_id": 454, "details": "19. The Bank shall require, and, as far as possible, ensure that a loan is spent on the purpose for which it is made, and if this requirement is not complied with by the borrower, the Bank may require the repayment of the loan forthwith.", "name": "", "related_acts": "", "section_id": 20 }, { "act_id": 454, "details": "20. Notwithstanding any agreement to the contrary, the Bank may, by notice, require any borrower forthwith to pay his debt to the Bank in full, if – (a)\the has failed to comply with any terms of the agreement under which the relevant loan, advance or credit has been granted; (b) \tthe Bank reasonably apprehend that he is unable to pay his debt; (c) \tin the opinion of the Bank false or misleading information on any material particular has been given in the application for the relevant loan, advance or credit or in any other statement or communication made in connection with any loan, advance or credit granted to him; (d) \tthe property mortgaged, hypothecated or assigned to the Bank as security for the advance, loan or credit is not kept in proper conditions to the satisfactions of the Bank, or the value as estimated by the Bank has depreciated by more than 20 per cent. and further security to the satisfaction of the Bank is not given within the time specified by the Bank; (e) \twithout the permission of the Bank, any property pledged, mortgaged, hypothecated or assigned to the Bank, is leased or rented to third parties or is in any way charged, disposed of or removed from the place where it was at the time the loan, advance or credit was granted; (f) \tfor any other reason it is necessary in the opinion of the Bank to protect its interest.", "name": "", "related_acts": "", "section_id": 21 }, { "act_id": 454, "details": "21. (1) Where any agriculturist who is liable to the Bank under any agreement makes default in repayment or otherwise fails to comply with the terms of his agreement with the Bank, such default or failure not being due to natural calamity, the Bank may, subject to any rules made in this behalf, take over the management of the concern of the agriculturist and sell or realise any property pledged, mortgaged, hypothecated or assigned by the agriculturists to secure his liability to the Bank. (2) All sums due to the Bank shall be recoverable as arrears of land revenue. (3) In the application of the Public Demands Recovery Act, 1913 (Bengal Act III of 1913), for the purpose of the recovery of the dues of the Bank, the provisions of sections 7, 9, 10 and 13 of that Act shall not apply and the certificates issued under section 136 of the said Act shall be conclusive proof that the amount specified therein is due to the Bank. (4) Sums due from a co-operative society and recoverable under clause (1) may be recovered in accordance with the provisions of law for the time being in force relating to the recovery of such sums due from a co-operative society to the Government. 14* * * (6) An officer (of the rank of Manager or above) of the Bank may exercise all the powers exercisable by a certificate officer under the Public Demands Recovery Act, 1913 (Bengal Act III of 1913), within his jurisdiction for the purpose of recovery of the dues of the Bank only.", "name": "", "related_acts": "98,98", "section_id": 22 }, { "act_id": 454, "details": "22. The Bank shall establish a fund to be called the General Reserve Fund and create from time to time such other reserves as the Government may direct.", "name": "", "related_acts": "", "section_id": 23 }, { "act_id": 454, "details": "23. After making adequate provision for bad and doubtful debts, depreciation of assets or any other matters which are usually provided for by bankers, the net annual profit of the Bank shall be disposed of as follows, that is to say,- (a)\ta percentage of the net profit to be determined every year by the Board shall be transferred to the General Reserve Fund until the Fund is equal to the subscribed share capital of the Bank; (b) \tthe remaining net profit shall be paid to the Government.", "name": "", "related_acts": "", "section_id": 24 }, { "act_id": 454, "details": "24. (1) The Bank shall maintain proper accounts and prepare annual statement of accounts, including the profit and loss account and balance-sheet, and shall comply in respect of such accounts with such general directions as may be issued by the Government from time to time. (2) The accounts of the Bank shall be audited by not less than two auditors being chartered accountants within the meaning of the 15Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), 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 Bank 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 Bank, and shall at all reasonable times have access to the books, accounts and other documents of the Bank, and may, in relation to such accounts, examine any Director or officer of the Bank. (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 affairs of the Bank and, in case 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 measures taken by the Bank for the protection of the interest of the Government and of the creditors of the Bank or upon the sufficiency of the procedure in auditing the affairs of the Bank, 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": "442", "section_id": 25 }, { "act_id": 454, "details": "25. (1) The Bank shall furnish to the Government such returns, reports and statements as the Government may from time to time require. (2) The Bank shall, as soon as possible, after the end of every financial year but not later than four months, furnish to the Government a statement of accounts audited by the auditors under Article 24 together with an annual report on the working of the Bank during the year. (3) The copies of the audit accounts and annual report received by the Government under clause (2) shall be published in the official Gazette and shall be laid before Parliament.", "name": "", "related_acts": "", "section_id": 26 }, { "act_id": 454, "details": "26. 16(1) The Bank may 17, subject to the provisions of clause (2), appoint or employ such persons including advisers as it considers necessary for the efficient performance of its operation on such terms and conditions as may be prescribed by regulations. 18(2) Notwithstanding anything contained in clause (1), or in clause (1) of Article 38, the Government may appoint 19a Deputy Managing Director and a General Manager of the Bank on such terms and conditions as it may determine.", "name": "", "related_acts": "", "section_id": 27 }, { "act_id": 454, "details": "27. (1) Every Director shall be indemnified by the Bank 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 employee of the Bank for any loss or expense resulting to the Bank by reason of the inefficiency or deficiency in value of or title to any property or security acquired or taken on behalf of the Bank or by the wrongful act of any person under a liability acquired or taken on behalf of the Bank or by anything done by him in good faith in the execution of the duties of his office.", "name": "", "related_acts": "", "section_id": 28 }, { "act_id": 454, "details": "28. (1) Every Director, member of the Technical Advisory Committee, auditor or employee of the Bank shall, before entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the schedule to this Order. (2) Whoever contravenes his declaration of fidelity and secrecy shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.", "name": "", "related_acts": "", "section_id": 29 }, { "act_id": 454, "details": "29. Whoever in any application for obtaining a loan, advance or credit or in any balance-sheet, statement of profit and loss, declaration or any other document submitted to the Bank in respect of any financial aid sought or granted under this Order, wilfully makes a false statement or knowingly permits any false statement to be made or to remain or uses or permits to be used any loan, advance, or credit for any purpose other than that for which it is granted by the Bank shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.", "name": "", "related_acts": "", "section_id": 30 }, { "act_id": 454, "details": "30. (1) No information given by a person applying to the Bank for financial assistance, or based on data furnished by such person, shall be disclosed or used for a purpose not connected with the discharge of his duties by any Director, or member of the Technical Advisory Committee or of any Committee or by any employee of the Bank. (2) Whoever contravenes any of the provisions of clause (1) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.", "name": "", "related_acts": "", "section_id": 31 }, { "act_id": 454, "details": "31. Whoever without the consent in writing of the Bank uses its name in any prospectus or advertisement shall be punishable with the imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.", "name": "", "related_acts": "", "section_id": 32 }, { "act_id": 454, "details": "32. No court shall take cognizance of any offence punishable under this Order otherwise than on a complaint in writing signed by an officer of the Bank authorised in this behalf.", "name": "", "related_acts": "", "section_id": 33 }, { "act_id": 454, "details": "33. No provision of law relating to the winding up of banking companies shall apply to the Bank and the Bank shall not be wound up save by order in writing of the Government and in such manner as the Government may direct.", "name": "", "related_acts": "", "section_id": 34 }, { "act_id": 454, "details": "34. (1) The Government may make rules for carrying out the purposes of this Order and where the regulations framed under the succeeding Article are inconsistent with the rules made under this Article the rules shall prevail. (2) Without prejudice to the provision of clause (1), such rules may provide for- (a) \tthe duties and powers of the Managing Director; (b) the manner, conditions and terms of issue and redemption of bonds and debentures; (c) the conditions subject to which advances, loans and credit may be granted to- (i) \tthe Director; (ii)\tthe member of the Technical Advisory Committee; (iii)\tthe employee of the Bank; (iv)\tthe relatives of the persons mentioned in this clause; (v) \tthe individuals, co-operative societies and other bodies corporate with whom these persons or their relatives are connected as partners, directors, managers, servants, or otherwise.", "name": "", "related_acts": "", "section_id": 35 }, { "act_id": 454, "details": "35. (1) The Board may, with the previous approval of the Government, make regulations not inconsistent with this Order or 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 and the efficient conduct of the affairs of the Bank. (2) Without prejudice to the generality of the provision of clause (1), the regulations may provide for- (a) \tthe conduct of the business and the meetings of the Board and of the Executive Committee or any other Committee or Sub-committee; (b) \tthe procedure for recovery of loans and other dues of the Bank; (c) \tthe disclosure of interest, direct or indirect, of a Director in any application for loan; (d) \tthe recruitment of the employees of the Bank, the terms and conditions of their services, the constitution and management of Provident Fund for the employees of the Bank and all other matters connected with any of these things; (e) \tthe duties and conduct of employees and agents; (f) \tthe forms of returns and statements; (g) \tpreparation of annual estimates of income and expenditure of the Bank and their submission to the Board and the Government.", "name": "", "related_acts": "", "section_id": 36 }, { "act_id": 454, "details": "36. All rules and regulations made under this Order shall be published in the official Gazette.", "name": "", "related_acts": "", "section_id": 37 }, { "act_id": 454, "details": "37. (1) On the commencement of this Order, the entire undertakings of the Agricultural Development Bank of Pakistan shall stand transferred to, and vested in, the Bank. (2) The undertaking of the Agricultural Development Bank of Pakistan 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 Agricultural Development Bank of Pakistan in relation to the undertaking within the territory of Bangladesh and all books of accounts, registers, records and all other documents of whatever nature relating thereto and shall, unless the Government otherwise directs, also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the Agricultural Development Bank of Pakistan in relation to such undertaking in the territory of Bangladesh. (3) Unless otherwise expressly provided by this Order and unless the Government otherwise directs, 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 Agricultural Development Bank of Pakistan is a party or which are in favour of the Agricultural Development Bank of Pakistan, in so far as they relate to the undertaking of the Agricultural Development Bank of Pakistan which has vested in the Bank under clause (2), be of as full force and effect against or in favour of the Bank, and may be enforced or acted upon as fully and effectually as if in the place of the Agricultural Development Bank of Pakistan the Bank had been a party thereto or as if they had been issued in favour of the Bank. (4) Subject to the other provisions of this Order and unless the Government otherwise directs, any suit, appeal or other proceeding of whatever nature pending on the date of commencement of this Order by or against the Agricultural Development Bank of Pakistan in relation to the undertaking which has been vested in the Bank under clause (2) shall be deemed to be suit, appeal or other proceeding by or against the Bank, and may be continued or prosecuted and enforced by or against the Bank.", "name": "", "related_acts": "", "section_id": 38 }, { "act_id": 454, "details": "38. (1) The Bank may 20, subject to other provisions of this Order, 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 the Agricultural Development Bank of Pakistan who is a citizen of Bangladesh and who owes allegiance to Bangladesh shall become, on the commencement of this Order, an officer or other employee, as the case may be, of the Bank and shall hold office in the Bank on the same terms and conditions and with the same rights and privileges as to the provident fund, gratuity, pension and other matters as were enjoyed by him immediately before such commencement and shall continue to do so unless and until his employment in the Bank is terminated or until his remuneration or terms and conditions are duly altered by the Bank: Provided that an officer or other employee may, within such time as may be specified by the Bank, exercise his option not to continue in the service of the 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, the 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 the case of a permanent officer or other employee and one month's remuneration in the case of a temporary officer or other 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 other employee may be entitled under the terms and conditions of his service. (4) No officer or other employee of the Agricultural Development Bank of Pakistan whose service is, by this Order, transferred to the Bank shall, notwithstanding anything contained in any law for the time being in force, be entitled to any compensation because of such transfer. (5) Every officer or other employee of the Bank, while performing duties under this Order, shall be deemed to be public servant within the meaning of section 21 of the Penal Code (Act No. XLV of 1860).", "name": "38", "related_acts": "", "section_id": 39 }, { "act_id": 454, "details": "39. (1) On the commencement of this Order, the Agricultural Development Bank of Pakistan Ordinance, 1961 (Ord. IV of 1961), hereinafter referred to as the said Ordinance, shall stand repealed. (2) Subject to the provisions of this Order, any appointment, order, rule or regulation made or issued under any provision of the said Ordinance and in force immediately before the repeal of the said Ordinance shall, so far as it is not inconsistent with the provisions of this Order, be deemed to have been made or issued under this Order as if this Order was in force at the time at which such appointment, order, rule or appointment were made or issued. (3) Any reference to the Agricultural Development Bank of Pakistan or, as the case may be, in any law other than the said Ordinance and this Order, or in any order, rule or notification or in any contract or other instrument shall, except as otherwise in any order, general or special, made by the Government, be construed as a reference to the Bank.", "name": "", "related_acts": "", "section_id": 40 } ], "text": "WHEREAS it is expedient to establish a Krishi Bank to provide credit facilities to agriculturists and persons engaged in cottage industries and to provide for the vesting in that bank of the undertakings of the Agricultural Development Bank of Bangladesh and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of paragraph 3 of the Fourth Schedule to the Constitution of the People’s Republic of Bangladesh, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-" }

{ "id": 455, "lower_text": [ "1 The word “remuneration” was substituted for the word “salaries” by section 2 of the Members of Parliament (Salaries and Allowances)(Amendment) Act, 1988 (Act No. XXXV of 1988)", "2 The word “Remuneration” was substituted for the word “Salaries” by section 3 of the Members of Parliament (Salaries and Allowances)(Amendment) Act, 1988 (Act No. XXXV of 1988)", "3 The word “remuneration” was substituted for the word “salary” by section 4 of the Members of Parliament (Salaries and Allowances)(Amendment) Act, 1988 (Act No. XXXV of 1988)", "4 The words “fifty five thousand” were substituted for the words “twenty seven thousand and five hundred” by section 2 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2015).", "5 The words ‘‘free of income-tax” were omitted by section 2 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2012 (Act No. XII of 2012).", "6 Article 3A and 3B were inserted by section 3 of the Members of Parliament (Salaries and Allowances)(Amendment) Act, 1987 (Act No. IV of 1987)", "7 Article 3A was substituted by section 2 of the Members of Parliament (Remuneration and Allowances)(Amendment) Act, 2003 (Act No. XXIII of 2003)", "8 The words “twelve thousand and five hundred” were substituted for the words “seven thousand and five hundred” by section 3 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).", "9 The words “five thousand” were substituted for the words “three thousand” by section 4 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).", "10 The words “car, jeep or microbus” were substituted for the words “car or jeep” by section 5 (a) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "11 Article 3C was inserted by the section 2 of the Members of Parliament (Salaries and Allowances) (Second Amendment) Act, 1987 (Act No. XXXVII of 1987)", "12 Existing provision number as sub-section (1) by section 5 (b) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "13 The words “value added tax” were substituted for the words “sales tax” by section 5 (b) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "14 The words “car, jeep or microbus” were substituted for the words “car or jeep” by section 5 (b) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "15 Sub-section (2) was added by section 5 (b) of The Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "16 Article 3CC was inserted by section 6 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "17 The words “seventy thousand” were substituted for the words “forty thousand” by section 5 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).", "18 Article 3D was inserted by section 5 of the Members of Parliament (Remuneration and Allowances)(Amendment) Act, 1992 (Act No. XVIII of 1992)", "19 The words “fifteen thousand” were substituted for the words “nine thousand” by section 6 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).", "20 Article 3E was inserted by section 8 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "21 The words “one thousand and five hundred” were substituted for the words “one thousand” by section 7(a) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).", "22 The words “six thousand” were substituted for the words “four thousand” by section 7(b) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).", "23 The words “ten taka per kilometre” were substituted for the words “six taka per kilometre” by section 9 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "24 The words “ten taka per kilometre” were substituted for the words “six taka per kilometre” by section 9 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "25 The words “seventy-five taka” were substituted for the words “fifty takas” by section 2 of the Members of Parliament (Salaries and Allowances) (Amendment) Act, 1980 (Act No. XXV of 1980)", "26 The words “seven hundred and fifty” were substituted for the words “three hundred” by section 8 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).", "27 The words “twenty-five taka” were substituted for the words “fifteen takas” by section 2 of the Members of Parliament (Salaries and Allowances) (Amendment) Act, 1980 (Act No. XXV of 1980)", "28 The words “seventy five” were substituted for the words “fifty” by section 10 (a) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "29 Clause (1A) was inserted by section 3 of the Members of Parliament (Remuneration and Allowances)(Amendment) Act, 2000 (Act No. IV of 2000).", "30 The words “eight hundred” were substituted for the words “four hundred” by section 10 (b) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "31 The words “two hundred” were substituted for the words “one hundred” by section 10 (b) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "32 Clause (4) was added by section 10 (c) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "33 Article 6A was substituted by section 5 of the Members of Parliament (Salaries and Allowances) (Amendment) Act, 1988 (Act No. XXXV of 1988)", "34 The words “ten lakh” were substituted for the words “five lakh” by section 12 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "35 Article 6B was inserted by section 9 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 1992 (Act No. XVIII of 1992)", "36 The words “five lakh” were substituted for the words “three lakh” by section 10 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).", "37 Article 6 was substituted by section 11 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "38 The words “one lakh and twenty thousand” were substituted for the words “seventy five thousand” by section 9(a)(i) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).", "39 The words “one lakh and twenty thousand” were substituted for the words “seventy five thousand” by section 9(a)(ii) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).", "40 The words “one lakh and twenty thousand” were substituted for the words “seventy five thousand” by section 9(b) of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2016 (Act No. XXIII of 2016) (With effect from 1st July, 2016).", "41 The proviso was substituted by section 4 of the Members of Parliament (Salaries and Allowances)(Amendment) Act, 1975 (Act No. XXXIX of 1975)", "42 The words “seven hundred” were substituted for the words “two hundred” by section 14 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "43 Article 7A was inserted by section 15 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "44 Article 8 was substituted by section 10 of the Members of Parliament (Remuneration and Allowances)(Amendment) Act, 1992 (Act No. XVIII of 1992)", "45 The words “seven thousand and eight hundred” were substituted for the words “six thousand” by section 16 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010).", "46 Article 9 was substituted by section 17 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 2010 (Act No. XXI of 2010) (with effect from 1st July, 2010)." ], "name": "The Members of Parliament (Remuneration and Allowances) Order, 1973 (President's Order)", "num_of_sections": 21, "published_date": "4th April, 1973", "related_act": [], "repelled": false, "sections": [ { "act_id": 455, "details": "1. (1) This Order may be called the Members of Parliament ( 2Remuneration and Allowances) Order, 1973.", "name": "Short title", "related_acts": "", "section_id": 1 }, { "act_id": 455, "details": "(2) It shall come into force at once.", "name": "Commencement", "related_acts": "", "section_id": 2 }, { "act_id": 455, "details": "2. In this Order, unless there is anything repugnant in the subject or context,- (a) \t“Committee” means a Standing Committee or a Select Committee of Parliament or any other committee set up by or under the authority of Parliament and includes a sub-committee set up by any such committee; (b) \t“Member” means a Member of Parliament but does not include the Speaker or the Deputy Speaker or the Prime Minister or a Minister or a Minister of State or a Deputy Minister; (c) \t“Parliament” means the Parliament for Bangladesh; (d) \t“term of office” means the period beginning with the date on which a Member enters upon his office and ending with the date on which he ceases to be a Member;  (e) \t“year” means a year commencing on the date of the first meeting of Parliament after a general election and ending on the expiry of three hundred sixty-five days therefrom.", "name": "Definitions", "related_acts": "", "section_id": 3 }, { "act_id": 455, "details": "3. A Member shall be entitled to receive a 3remuneration at the rate of 4fifty five thousand taka per mensem 5*** and to the privileges and amenities provided in this Order during the whole of his term of office.", "name": "Remuneration", "related_acts": "", "section_id": 4 }, { "act_id": 455, "details": "6 73A. A Member shall be entitled to receive a constituency allowance at the rate of 8twelve thousand and five hundred taka per mensem. Explanation.- In this Article, “Member” shall include the Prime Minister, the Speaker, the Ministers, the Leader of the Opposition, the Deputy Leader of the House, the Deputy Speaker, the Chief Whip, the Deputy Leader of the Opposition, Ministers of State, the Whips and Deputy Ministers who are Members of Parliament.", "name": "Constituency allowance", "related_acts": "", "section_id": 5 }, { "act_id": 455, "details": "3B. A Member shall be entitled to receive a sumptuary allowance at the rate of 9five thousand taka per mensem.", "name": "Sumptuary allowance", "related_acts": "", "section_id": 6 }, { "act_id": 455, "details": "113C. 12(1) A Member shall be entitled to import free of customs duty, 13value added tax, development surcharge and import permit fee during the whole of his term of office, one 14car, jeep or microbus of such specification, and on such conditions, as the Government may specify in this behalf. Explanation.- In this Article, “Member” shall include the Prime Minister, the Speaker, the Ministers, the Leader of the Opposition, the Deputy Leader of the House, the Deputy Speaker, the Chief Whip, the Deputy Leader of the Opposition, Ministers of State, the Whips and Deputy Ministers who are Members of Parliament. 15(2) A member shall be entitled to import another new car, jeep or microbus after expiration of a period of five years from the date of his last import at the same terms and conditions provided in sub-section (1).", "name": "Tax and duty free car, jeep or microbus", "related_acts": "", "section_id": 7 }, { "act_id": 455, "details": "163CC. A Member shall be entitled to receive a transport allowance at the rate of 17seventy thousand taka per mensem. Explanation. - In this Article, “transport allowance” includes fuel allowance, vehicle maintenance allowance and salary of the driver.", "name": "Transport allowance", "related_acts": "", "section_id": 8 }, { "act_id": 455, "details": "183D. A Member shall be entitled to receive office expenses allowance at the rate of 19fifteen thousand taka per mensem for maintaining an office in his constituency. Explanation.- In this Article, “Member” shall include the Prime Minister, the Speaker, the Ministers, the Leader of the Opposition, the Deputy Leader of the House, the Deputy Speaker, the Chief Whip, the Deputy Leader of the Opposition, Ministers of State, the Whips and Deputy Ministers who are Members of Parliament.", "name": "Office expenses allowance", "related_acts": "", "section_id": 9 }, { "act_id": 455, "details": "203E. A Member shall be entitled to receive per mensem- (a) a laundry allowance at the rate of 21one thousand and five hundred taka; and (b) a miscellaneous expenses allowance at the rate of 22six thousand taka for purchasing cookeries, linen, toiletries and other goods.", "name": "Laundry and miscellaneous expenses allowance", "related_acts": "", "section_id": 10 }, { "act_id": 455, "details": "4. For every journey performed for the purpose of attending a session of Parliament or a meeting of a Committee or for attending to any other business connected with his duties as Member from his usual place of residence to the place where the session or the meeting is held or other business is transacted and for the return journey from such place to his usual place of residence, a Member shall be entitled to receive travelling allowance at the following rates, namely:- (a) \twhere a journey is performed by rail, air, steamer or launch, an amount equal to one and one-half of the fare for the highest class by the shortest route;  (b)\twhere a journey or any part thereof cannot be performed by rail, air, steamer or launch and is performed by road, a mileage allowance at the rate of 23 ten taka per kilometre by the shortest route; (c) \twhere a journey or any part thereof can be performed by rail, air, steamer or launch but is performed by road, a mileage allowance at the rate of 24 ten taka per kilometre not exceeding in the aggregate the travelling allowance which he would have been entitled to receive had he travelled by air, rail, steamer, or launch: Provided that a Member who performs a journey between the place of duty and a place which is not his usual place of residence may draw travelling allowance either for the actual journey or for a journey between the place of duty and his usual place of residence whichever is less.", "name": "Journey performed for the purpose of attending a session", "related_acts": "", "section_id": 11 }, { "act_id": 455, "details": "5. (1) For each day during any period of residence on duty, a Member shall be entitled to receive a daily allowance at the rate of 25 26seven hundred and fifty taka and a conveyance allowance at the rate of 27 28seventy five taka. Explanation.- In this Article, “period of residence on duty” means the period during which a Member, for the purpose of attending a session of Parliament or a meeting of a Committee \tor for attending to any other business connected with his duties as Member, resides at the place, including his usual place of residence, where the session or the meeting is held or other business is transacted and includes,- (a)\tin the case of a session of Parliament, a period of such residence, not exceeding three days, immediately preceding the commencement of the session and the period of such residence, not exceeding three days, immediately following the end of the session; and (b) \tin the case of a sitting of a Committee or transaction of any other business, the period of such residence, not exceeding two days, immediately preceding the commencement of the business of the Committee or of the other business and the period of such residence, not exceeding two days, immediately following the conclusion of the business of the Committee or of the other business. 29(1A) Notwithstanding anything contained in clause (1), a Member shall be entitled to receive a daily allowance at the rate of 30eight hundred Taka and a conveyance allowance at the rate of 31two hundred Taka for each day he attends the sitting of Parliament or the meeting of Committee or any other official duties in Parliament and the allowances prescribed under this clause shall only be admissible where the presence of Member is supported by record. (2) If a Member arrives in the forenoon at the place of duty or departs from such place in the afternoon, he shall be entitled to draw daily allowance and conveyance allowance at the full rates for the day of arrival or the day of departure, as the case may be, and if he arrives at such place in the afternoon or departs therefrom in the forenoon, the daily allowance and the conveyance allowance drawn shall be at half such rate: Provided that not more than one daily allowance and one conveyance allowance at the full rate shall be claimed in respect of any one day. (3) Where the interval between the termination of one session of Parliament or, as the case may be, one sitting of a Committee and the commencement of another session or sitting at the same place does not exceed seven days and, during such interval, a Member,- (a) \tremains at such place, he shall be entitled to receive for each day of residence at such place a daily allowance and a conveyance allowance at the rate specified in clause (1); (b) \tleaves such place for another place, he shall be entitled to receive travelling allowance under the provisions of Article 4 but such travelling allowance shall not exceed the total amount of daily allowance and conveyance allowance to which he would have been entitled had he not left the place. 32(4) Where the interval between one sitting of a session and the commencement of another sitting of a session exceeds seven days and, during such interval, a Member leaves his residence on duty to usual place of residence, he shall be entitled to receive traveling allowance under the provisions of Article 4.", "name": "Period of residence on duty", "related_acts": "", "section_id": 12 }, { "act_id": 455, "details": "336A. A Member shall be provided with an insurance cover for 34ten lakh taka at Government expense against death or permanent disablement caused by accident during his term of office. Explanation.- In this Article, “permanent disablement” shall, unless otherwise provided in the insurance policy mean such disablement as permanently incapacitates a person for earning his livelihood.", "name": "Insurance cover", "related_acts": "", "section_id": 13 }, { "act_id": 455, "details": "356B. (1) There shall be placed at the disposal of a Member as discretionary grant an amount not exceeding taka 36five lakh per annum, (2) The expenditure from the discretionary grant shall be subject to such conditions as may be prescribed by rules made under Article 9.", "name": "Discretionary grant", "related_acts": "", "section_id": 14 }, { "act_id": 455, "details": "376. (1) A member shall be entitled to travel within Bangladesh at any time, and to perform such travel,- (a) a member shall be entitled to receive a sum of 38one lakh and twenty thousand taka per annum as travelling allowance ; or (b) if a member opts not to accept travelling allowance under paragraph (a), he shall be, in lieu thereof, provided with a non-transferable pass of such amount not exceeding 39one lakh and twenty thousand taka for a year. (2) Where a person becomes a Member in the middle of a year, he shall be entitle to receive same proportion to 40one lakh and twenty thousand taka as the unexpired portion of the year bears to a year. (3) The provision of this Article shall not in any way affect the right of a Member to receive travel allowances determined under Article 4.", "name": "Travel within the country", "related_acts": "", "section_id": 15 }, { "act_id": 455, "details": "7. A Member and the members of his family shall be entitled to the same medical facilities as are admissible to a gazetted officer (Class I) of the Government and the members of the family of such officer under the Government Servants (Medical Attendance) Rules, 1963: 41Provided that, notwithstanding anything contained in the said Rules, a Member shall be entitled to a sum of 42seven hundred taka per mensem as medical allowance, but shall not be entitled to reimbursement of any expenses incurred by him for his treatment or for the treatment of the members of his family.", "name": "Medical facilities for family members", "related_acts": "", "section_id": 16 }, { "act_id": 455, "details": "437A. Any allowance received by a Member under this order shall be free of income-tax.", "name": "Allowances shall be free of income-tax", "related_acts": "", "section_id": 17 }, { "act_id": 455, "details": "448. (1) A Member shall be entitled to have one telephone installed at his residence at Government expense where facilities for such installation are available. (2) A Member shall be entitled to receive a sum of 45seven thousand and eight hundred taka per mensem in respect of the rental of such telephone and the calls made therefrom.", "name": "Telephone at residence", "related_acts": "", "section_id": 18 }, { "act_id": 455, "details": "8A. Omitted by section 2 of the Members of Parliament (Remuneration and Allowances) (Amendment) Act, 1993 (Act No. XI of 1993).", "name": "Omitted", "related_acts": "", "section_id": 19 }, { "act_id": 455, "details": "469. The Parliament Secretariat Commission may, by notification in the Official Gazette, make rules for carrying out the purposes of this Order. Explanation.- In this Article “Parliament Secretariat Commission” means the Parliament Secretariat Commission constituted by the Parliament Secretariat Act, 1994 (Act No. 8 of 1994).", "name": "Power to make rule", "related_acts": "", "section_id": 20 }, { "act_id": 455, "details": "10. The Members of the Constituent Assembly (Salaries and Allowances) Order, 1972 (P.O. No. 24 of 1972), is hereby repealed.", "name": "Repeal.", "related_acts": "", "section_id": 21 } ], "text": "WHEREAS it is expedient to provide for the 1remuneration and allowances of the Members of Parliament; NOW, THEREFORE, in pursuance of Article 68 of the Constitution of the People’s Republic of Bangladesh and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-" }

{ "id": 456, "lower_text": [], "name": "The Special Police Establishment (Repeal) Act, 1974", "num_of_sections": 3, "published_date": "22nd January, 1974", "related_act": [ 456 ], "repelled": false, "sections": [ { "act_id": 456, "details": "1. (1) This Act may be called the Special Police Establishment (Repeal) Act, 1974. (2) It shall be deemed to have come into force on the 17th day of October, 1973.", "name": "Short title and commencement", "related_acts": "456", "section_id": 1 }, { "act_id": 456, "details": "2. The Special Police Establishment Ordinance, 1948 (VIII of 1948), is hereby repealed.", "name": "Repeal of Ordinance VIII of 1948", "related_acts": "", "section_id": 2 }, { "act_id": 456, "details": "3. The Special Police Establishment (Repeal) Ordinance, 1973 (XX of 1973), is hereby repealed.", "name": "Repeal of Ordinance XX of 1973", "related_acts": "", "section_id": 3 } ], "text": "An Act to repeal the Special Police Establishment Ordinance, 1948. WHEREAS it is expedient to repeal the Special Police Ordinance, 1948 (VIII of 1948); It is hereby enacted as follows:-" }

{ "id": 457, "lower_text": [], "name": "The Transfer of Railways (Repeal) Act, 1974", "num_of_sections": 3, "published_date": "1st February, 1974", "related_act": [ 457 ], "repelled": false, "sections": [ { "act_id": 457, "details": "1. (1) This Act may be called the Transfer of Railways (Repeal) Act, 1974. (2) It shall be deemed to have come into force on the 16th day of November, 1973.", "name": "Short title and commencement", "related_acts": "457", "section_id": 1 }, { "act_id": 457, "details": "2. (1) The Transfer of Railways Order, 1962 (P.O. No. 33 of 1962), hereinafter referred to as the said Order is hereby repealed. (2) \tUpon the repeal of the said Order,- (a)\tthe Railway Board, hereinafter referred to as the said Board, constituted under the said Order shall stand dissolved; (b)\tall assets, rights, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, cash balances, 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 the said Board shall stand transferred to, and vested in, the Government; (c)\tall debts and liabilities incurred, all obligations undertaken, all contracts entered into and all agreements made by or with the said Board and subsisting or having effect immediately before the commencement of this Act shall, unless the Government otherwise decides, be deemed to have been incurred, undertaken or entered into or made by or with the Government;  Explanation. For the purpose of this clause debts, liabilities and obligations shall not include foreign debts, liabilities and obligations incurred or undertaken by the said Board prior to the 16th day of December, 1971; (d) \tall suits and other legal proceedings instituted by or against the said Board and pending immediately before the commencement of this Act shall be deemed to have been instituted by or against the Government and may be continued and proceeded with accordingly; (e)\tall officers and other employees of the said Board shall stand transferred to the Government on the same terms and conditions as were applicable to them immediately before the commencement of this Act: Provided that the Government may alter their remuneration or terms and conditions of their service if such alternation is considered necessary for the sake of uniformity and in the interest of equity in service; (f) \tthe Defence Savings Provident Fund, the State Railway Provident Fund, the General Provident Fund, including optional or voluntary subscriptions, and the Railway Provident Fund existing immediately before the commencement of this Act shall continue to exist and the subscriptions and contributions thereto shall be credited to the Government and the Government shall be liable to make payment to the employees out of those funds.", "name": "Repeal of P.O. No. 33 of 1962", "related_acts": "", "section_id": 2 }, { "act_id": 457, "details": "3. (1) The Transfer of Railways (Repeal) Ordinance, 1973 (Ord. No. XXV of 1973), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken, including any order made or direction given under the said Ordinance shall be deemed to have been done, taken, made or given, as the case may be, under the corresponding provision of this Act.", "name": "Repeal and savings.", "related_acts": "", "section_id": 3 } ], "text": "An Act to repeal the Transfer of Railways Order, 1962. WHEREAS it is expedient to repeal the Transfer of Railways Order, 1962 (P.O. NO. 33 of 1962), and to provide for matters ancillary thereto;  It is hereby enacted as follows:-" }

{ "id": 458, "lower_text": [], "name": "The Primary Schools (Taking Over) Act, 1974", "num_of_sections": 7, "published_date": "5th February, 1974", "related_act": [ 458 ], "repelled": false, "sections": [ { "act_id": 458, "details": "1. (1) This Act may be called the Primary Schools (Taking Over) Act, 1974. (2) It shall be deemed to have come into force on the 31st day of October, 1973.", "name": "Short title and commencement", "related_acts": "458", "section_id": 1 }, { "act_id": 458, "details": "2. In this Act, unless there is anything repugnant in the subject or context, “primary school” means a school or department of a school giving instruction in primary education.", "name": "Definition", "related_acts": "", "section_id": 2 }, { "act_id": 458, "details": "3. (1) Notwithstanding anything contained in any other law, rule, regulation or bye-law for the time being in force or in any contract or agreement, or in any deed or other instrument, the Government may by notification in the official Gazette, take over any primary school on such date as may be specified in the notification. (2) On the date specified in the notification under sub-section (1),- (a) \tthe primary school and all its assets and property, including lands, buildings and funds and all other rights and interests in, or arising out of, such property, and all records and other documents of whatever nature relating thereto, shall stand transferred to, and vested in the Government;  (b)\tall teachers of the primary school shall become employees of the Government and shall hold their service under the Government on such terms and conditions as the Government may determine; and (c)\t\tall committees or authorities managing and administering the affairs of the primary school shall cease to function.", "name": "Taking over of primary school", "related_acts": "", "section_id": 3 }, { "act_id": 458, "details": "4. After a primary school is taken over under section 3(1), the Government shall manage and administer the affairs of that school in such manner as it may deem fit.", "name": "Management of the primary school taken over", "related_acts": "", "section_id": 4 }, { "act_id": 458, "details": "5. The Government may, for the purpose of removing any difficulty arising out of, or in connection with, or in relation to the taking over of any primary school under section 3, make such order as it considers expedient.", "name": "Removal of difficulty", "related_acts": "", "section_id": 5 }, { "act_id": 458, "details": "6. That the Government may, after previous publication, make rules for carrying out the purposes of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 6 }, { "act_id": 458, "details": "7. (1) The Primary Schools (Taking Over) Ordinance, 1973 (P.O. No. XXII of 1973), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken, including any order made, notification issued or direction given under the said Ordinance shall be deemed to have been done, taken, made, issued or given, as the case may be, under the corresponding provision of this Act.", "name": "Repeal and savings", "related_acts": "", "section_id": 7 } ], "text": "An act to make provisions for the taking over by the Government of certain primary schools in Bangladesh. WHEREAS it is expedient to make provisions for taking over by the Government of certain primary schools in Bangladesh and for matters ancillary thereto;  It is hereby enacted as follows:-" }

{ "id": 459, "lower_text": [], "name": "The Bidi (Restriction of Manufacture) (Repeal) Act, 1974", "num_of_sections": 2, "published_date": "5th February, 1974", "related_act": [ 459 ], "repelled": false, "sections": [ { "act_id": 459, "details": "1. (1) This Act may be called the Bidi (Restriction of Manufacture) (Repeal) Act, 1974. (2) It shall come into force at once.", "name": "Short title and commencement", "related_acts": "459", "section_id": 1 }, { "act_id": 459, "details": "2. The Bidi (Restriction of Manufacture) Ordinance, 1966 (E.P. Ord. IV of 1966) is hereby repealed.", "name": "Repeal", "related_acts": "", "section_id": 2 } ], "text": "An Act to repeal the Bidi (Restriction of Manufacture) Ordinance, 1966. WHEREAS it is expedient to repeal the Bidi (Restriction of Manufacture) Ordinance, 1966 (E.P. Ord. IV of 1966); It is hereby enacted as follows:-" }

{ "id": 460, "lower_text": [ "1 The words, figure and comma “Subject to the provisions of section 9, a public servant” were substituted for the words “A public servant” by section 2 of the Public Servants (Retirement) (Amendment) Ordinance, 1982 (Ordinance No. I of 1983)", "2 The words ''fifty-ninth year'' were substituted for the words ''fifty-seventh year'' by section 2 of the Public Servants (Retirement) (Amendment) Act, 2012. (Act No. II of 2012)", "3 The proviso was omitted by section 2 of the Public Servants (Retirement) (Amendment) Act, 1988 (Act No. XXIII of 1988)", "4 Section 4A was inserted by section 2 of the Public Servants (Retirement) (Amendment) Act, 2010 (Act No. V of 2010)", "5 The words “sixtieth year” were substituted for the words “fifty-ninth year” by section 2 (a) of the Public Servants (Retirement) (Amendment) Act, 2013 (Act No. IX of 2013).", "6 Sub-section (2) was omitted by section 2 (b) of the Public Servants (Retirement) (Amendment) Act, 2013 (Act No. IX of 2013).", "7 The word “President” was substituted for the words “Prime Minister” by section 7 of the Bangladesh Laws (Amendment) Act, 1975 (Act No. XIII of 1975)", "8 Section 7 was substituted by section 3 of the Public Servants (Retirement) (Amendment) Act, 2010 (Act No. V of 2010)", "9 Sub-section (2) was substituted by section 4 of the Public Servants (Retirement) (Amendment) Ordinance, 1983 (Ordinance No. I of 1983)" ], "name": "The Public Servants (Retirement) Act, 1974", "num_of_sections": 13, "published_date": "6th February, 1974", "related_act": [ 490, 460, 1085 ], "repelled": true, "sections": [ { "act_id": 460, "details": "1. (1) This Act may be called the Public Servants (Retirement) Act, 1974. (2) It shall come into force at once and shall be deemed to have taken effect on the 23rd day of November, 1973.", "name": "Short title and commencement", "related_acts": "460", "section_id": 1 }, { "act_id": 460, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \t“corporation” means any body corporate constituted or established by or under any law and includes any other body or organisation set up by the Government; (b)\t“nationalised enterprise” includes any commercial or industrial enterprise, bank, firm, tea estate or any other enterprise owned by or vested in the Government or any corporation or local authority; (c)\t“physician” means any holder of medical licence, diploma or degree engaged in the prevention, cure or treatment of diseases of man; (d)\t“public servant” includes any person who is, for the time being, in the service of the Republic or of any corporation, nationalised enterprise or local authority or who, on the basis of having at any time been in the service of Pakistan, purports to claim any right to employment in the service of the Republic, but does not include any person who- (i)\tis a member of any defence service, (ii) \tis a teacher or employee of any University, (iii)\t\tis employed in or under a commission, committee or board set up for a temporary period for specified purposes, (iv) \tis a contingent or work-charged employee or a worker as defined in the State-owned Manufacturing Industries Workers (Terms and Conditions of Service) Ordinance 1973 (XXIII of 1973), (v) \tholds any office which is filled by election or nomination under any law, or (vi) \tholds any office the tenure of which is determined by or under any law; (e)\t“Republic” means the People's Republic of Bangladesh; (f)\t“teacher” means any person engaged in teaching.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 460, "details": "3. The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any rule, regulation, bye-law, instrument or contract or in any terms and conditions of service of a public servant.", "name": "Effect of laws, etc. inconsistent with the Act", "related_acts": "", "section_id": 3 }, { "act_id": 460, "details": "4. 1Subject to the provisions of section 9, a public servant shall retire from service on the completion of the 2fifty-ninth year of his age. 3* * *", "name": "Retirement of a public servant", "related_acts": "", "section_id": 4 }, { "act_id": 460, "details": "44A. (1) Notwithstanding anything contained to the contrary in section 4, a public servant, who is a freedom fighter, shall retire from service on the completion of the 5sixtieth year year of his age. 6*** (3) The Government may require a public servant, in order to be entitled to any benefit under this section, to have his certificate or identity, as a Freedom Fighter, to be verified by the Ministry of Liberation War Affairs : Provided that a public servant, who entered the service of the Republic as a Freedom Fighter, shall be exempted from such verification.", "name": "Retirement of a freedom fighter", "related_acts": "", "section_id": 5 }, { "act_id": 460, "details": "5. (1) No public servant who has retired from service shall be re-employed in any manner in the service of the Republic or of any corporation, nationalised enterprise or local authority. (2) Sub-section (1) shall not apply to any re-employment of a public servant in any office specified in the Constitution of the People's Republic of Bangladesh. (3) Notwithstanding anything contained in this section, the 7President may, if he is of opinion that it is in the public interest so to do, employ a public servant on contract after his retirement.", "name": "Prohibition of re-employment", "related_acts": "", "section_id": 6 }, { "act_id": 460, "details": "6. Notwithstanding anything contained in this Act, a public servant who, on the commencement of this Act, is in service on extension or re-employment shall retire from or, as the case may be, cease to be in service- (a) \tif he is a physician or teacher, on the completion of the sixtieth year of his age or, if he has completed before such commencement the sixtieth year of his age, on the expiry of twenty-one days from such commencement; or (b)\tin any other case, on the completion of the fifty-seventh year of his age or, if he has completed before such commencement the fifty-seventh year of his age, on the expiry of twenty-one days from such commencement.", "name": "Public servants on extension or re-employment on the commencement of the Act", "related_acts": "", "section_id": 7 }, { "act_id": 460, "details": "87. (1) A public servant who is required to retire from or, as the case may be, cease to be in service under any provision of this Act shall be entitled to such Post-retirement leave as is admissible to him and the period of such leave may extend up to one year from the date of his retirement or ceasing to be in service. (2) Any reference to the expression Leave preparatory to retirement” in this Act, or, as a derivative of this Act, in any other Law, Rule, Regulation or Instrument having the force of law, shall be read and construed as post-retirement leave.", "name": "Post-retirement Leave", "related_acts": "", "section_id": 8 }, { "act_id": 460, "details": "8. Notwithstanding anything contained in this Act, a public servant, who, on the commencement of this Act, is on leave preparatory to retirement, shall continue to be on such leave and shall retire or, as the case may be, cease to be in service on the expiry of such leave.", "name": "Public servants on leave preparatory to retirement on the commencement of the Act", "related_acts": "", "section_id": 9 }, { "act_id": 460, "details": "9. (1) A public servant may opt to retire from service at any time after he has completed twenty-five years of service by giving notice in writing to the appointing authority at least thirty days prior to the date of his intended retirement : Provided that such option once exercised shall be final and shall not be permitted to be modified or withdrawn. 9(2) The Government may, if it considers necessary in the public interest so to do, retire from service a public servant at any time after he has competed twenty-five years of service without assigning any reason.", "name": "Optional retirement", "related_acts": "", "section_id": 10 }, { "act_id": 460, "details": "10. If any judicial proceedings instituted by the Government or, as the case may be, employer or any departmental proceedings are pending against a public servant at the time of his retirement or, as the case may be, ceasing to be in service, he shall not be entitled to any pension or other retirement benefits, except his subscriptions to any provident fund and the interest thereon, till the determination of such proceedings, and the payment to him of any pension or other retirement benefits shall be subject to the findings in such proceedings.", "name": "Public servants not entitled to retirement benefits in certain cases", "related_acts": "", "section_id": 11 }, { "act_id": 460, "details": "11. 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": 12 }, { "act_id": 460, "details": "12. (1) The Public Servants (Retirement) Ordinance, 1973 (Ord. XXVI of 1973), is hereby repealed. (2) Notwithstanding such repeal, anything done, any action taken or any order made under the said Ordinance shall be deemed to have been done, taken or made, as the case may be, under the corresponding provision of this Act.", "name": "Repeal and savings", "related_acts": "", "section_id": 13 } ], "text": "An Act to consolidate and amend the law relating to the retirement of public servants. WHEREAS it is expedient to consolidate and amend the law relating to the retirement of public servants and to provide for matters connected therewith; It is hereby enacted as follows:-" }

{ "id": 461, "lower_text": [ "1 The word “Bangladesh” was inserted by section 2 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)", "2 The word “Management” was substituted for the word “Governors” by section 3 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)", "3 Clauses (c) and (cc) were substituted for the former clause (c) by section 3 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)", "4 The word “Dhaka” was substituted for the word “Dacca” by section 4 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)", "5 The word “Management” was substituted for the word “Governors” by section 5 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)", "6 Sections 6, 6A, 6B were substituted for former section 6 by section 6 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)", "7 The word “and” was omitted by Section 2 of the Bangladesh Jute Research Institute (Amendment) Act, 2002 (Act No. XIX of 2002)", "8 The words and semi-colon “Ministry or Division; and” were substituted for the words and full stop “Ministry or Division.” by Section 2 of the Bangladesh Jute Research Institute (Amendment) Act, 2002 (Act No. XIX of 2002)", "9 Clause (k) was added by Section 2 of the Bangladesh Jute Research Institute (Amendment) Act, 2002 (Act No. XIX of 2002)", "10 The word “Director-General” was substituted for the words “Executive Director” by section 7 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)", "11 The word “Director-General” was substituted for the words “Executive Director” by section 7 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)", "12 The word “Director-General” was substituted for the words “Executive Director” by section 7 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)", "13 The words and comma “regulate, control and” were omitted by section 8 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)", "14 The words “Secretary of the Board” were substituted for the words “Executive Director” by section 9 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)", "15 The words “or the member presiding over the meeting” were inserted by section 9 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)", "16 The words “by the Vice-Chairman or in his absence” were omitted by section 9 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)", "17 Section 11 was substituted by section 3 of the Jute Research Institute (Amendment) Ordinance, 1983 (Ordinance No. XXI of 1983)", "18 The word “Director-General” was substituted for the words “Executive Director” by section 10 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)", "19 Section 12 was substituted by section 11 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)", "20 The words and commas “advisers, Director-General, Directors and other officers and” were substituted for the words and commas “Directors, officers, advisers and other” by section 12 of the Bangladesh Jute Research Institute (Amendment) Act, 1996 (Act No. VIII of 1996)" ], "name": "The Bangladesh Jute Research Institute Act, 1974", "num_of_sections": 22, "published_date": "6th February, 1974", "related_act": [ 442, 10, 805 ], "repelled": true, "sections": [ { "act_id": 461, "details": "1. (1) This Act may be called the 1Bangladesh Jute Research Institute Act, 1974. (2) It shall be deemed to have come into force on the 10th day of November, 1973.", "name": "Short title and commencement", "related_acts": "", "section_id": 1 }, { "act_id": 461, "details": "2. In this Act, unless there is anything repugnant in the subject or context,-  (a) “Board” means the Board of 2 Managementof the Institute;  (b) “Chairman” means the Chairman of the Board;  3 (c) “Council” means বাংলাদেশ কৃষি গবেষণা কাউন্সিল established by বাংলাদেশ কৃষি গবেষণা কাউন্সিল আইন, ১৯৯৬ (১৯৯৬ সনের ৭ নং আইন);  (cc) “Director-General” means the Director-General of the Institute;  (d) “Institute” means the Jute Research Institute established by this Act; (e) “member” means a member of the Board;  (f) “prescribed” means prescribed by rules or regulations made under this Act.", "name": "Definitions", "related_acts": "805", "section_id": 2 }, { "act_id": 461, "details": "3. (1) On the commencement of this Act, there shall be established an Institute to be called the Bangladesh Jute Research Institute. (2) The Institute shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.", "name": "Establishment of the Institute", "related_acts": "", "section_id": 3 }, { "act_id": 461, "details": "4. (1) The Head Office of the Institute shall be located at 4Dhaka. (2) The Institute may establish offices and branches at such other places as the Board may think fit.", "name": "Head Office, etc.", "related_acts": "", "section_id": 4 }, { "act_id": 461, "details": "5. (1) Subject to rules and regulations made under this Act, the General direction and administration of the Institute and its affairs shall vest in a Board of 5Management which may exercise all powers and do all acts and things which may be exercised or done by the Institute. (2) The Board in discharging its functions shall be guided on questions of policy by such instructions as may be given to it by the Government from time to time.", "name": "Management", "related_acts": "", "section_id": 5 }, { "act_id": 461, "details": "6 6. Notwithstanding anything contained in this Act, the Institute, or any of its functionaries shall, in relation to the affairs of the Institute, ensure that-  (a) any direction issued by the Council under or in pursuance of the provisions of section 8 or 14 of বাংলাদেশ কৃষি গবেষণা কাউন্সিল আইন, ১৯৯৬ (১৯৯৬ সনের ৭ নং আইন) is, complied with and (b) any recommendation or determination made or advice given by the Council under or in pursuance of the said provisions is given effect to :  Provided that where, in the opinion of the Institute, it is not possible to give effect to such recommendation or advice or any part thereof,-  (i) the Institute shall, without delay, communicate its opinion with reasons therefore to the Council; and  (ii) the Council may, after consideration of such opinion, modify or revoke its earlier recommendation or advice, or may issue fresh recommendation or advice on the same subject :  Provided further that the recommendation or advice so modified or issued afresh, as the case may be, shall be deemed to be a direction under clause (a) and shall be complied with accordingly.", "name": "Certain direction etc. of Council to be given effect to", "related_acts": "805", "section_id": 6 }, { "act_id": 461, "details": "6A. (1) The Board shall consist of the following members, namely:- (a)\tthe Director-General, who shall also be the Chairman of the Board, ex-officio; (b)\tone eminent technologist in the field of jute products, to be nominated by the Ministry or Division dealing with Jute; (c) \ta representative of the Bangladesh Federation of Chambers of Commerce and Industries, to be nominated by that Federation; (d)\ta representative of the Council, to be nominated by it; (e) \ta representative of the Bangladesh Jute Mills Corporation, not below the rank of Director, to be nominated by the Ministry or Division dealing with Jute; (f)\ta representative of the Department of Agricultural Extension, not below the rank of Director, to be nominated by the Ministry or Division dealing with agriculture; (g)\tthe Directors of the Institute, ex-officio; (h)\ttwo senior scientists of the Institute, to be nominated by the Ministry or Division dealing with agriculture; (i)\ttwo representatives, one from among the farmers and the other from among the Non-Government Organisations (NGO's) performing the functions similar to those of the Institute, to be nominated by the Ministry or Division dealing with agriculture; 7* * * (j)\tthree representatives, one from each of the Ministries and Divisions dealing with agriculture, finance and jute, not below the rank of Deputy Secretary, to be nominated by the respective 8Ministry or Division; and 9(k) \ta representative of the Bangladesh Council of Scientific and Industrial Research(BCSIR), not below the rank of Member, to be nominated by the Ministry of Science and Information & Communication Technology. (2) The Director-in-charge of Administration of the Institute shall act as the Secretary of the Board.", "name": "Constitution of the Board", "related_acts": "", "section_id": 7 }, { "act_id": 461, "details": "6B. (1) The members specified in clause (i) of section 6A (1) shall hold office for a period of three years from the date of their nomination: Provided that such members may resign their membership in writing addressed to the Chairman. (2) A person shall cease to be a member, if he- (a)\tdies; or (b)\tbeing a member specified in clause (i) of section 6A(1)- (i)\tresigns his membership under the proviso to sub-section (1) of this section; (ii)\this tenure expires under sub-section (1) of this section; or (iii)\tremains absent, without permission of the Chairman, from three consecutive meetings of the Board; or (c)\tis declared by a competent court to be of unsound mind; or (d)\tis an undischarged insolvent; or (e) \thas been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than three months or to a fine not less than five thousand taka and unless a period of two years has elapsed since his release or realisation of the fine, as the case may be, a person so sentenced shall not be eligible to be a member.", "name": "Tenure of membership, resignation etc.", "related_acts": "", "section_id": 8 }, { "act_id": 461, "details": "7. (1) The 11Director-General shall be appointed by the Government for such period and on such salary, terms and conditions as the Government may determine. (2) The 12Director-General shall- (a)\tbe a whole time officer and the chief executive of the Institute; (b) \texercise such powers and perform such functions as may be prescribed or assigned to him by the Board from time to time; and (c) divest himself of any directorship held by him in any other corporation, company or concern otherwise than on behalf of the Institute.", "name": "Director-General", "related_acts": "", "section_id": 9 }, { "act_id": 461, "details": "8. The functions of Institute shall be- (a)\tto 13* * * promote agricultural, technological and economic research on jute and allied fibres and their manufactures and dissemination of results thereof; (b)\tto organise production, testing and supply of improved pedigree of jute seeds and multiplication procurement and their distribution to recognised organisations, selected growers and such other agencies as may be approved by the Board; (c)\tto set up research centres, sub-stations, pilot projects and farms in different regions of the country for carrying out research on different problems of jute and allied fibre crops, jute products and allied materials; (d)\tto establish project areas for demonstration of new varieties of jute developed by the Institute and to train the farmers for cultivation of those varieties of jute; (e)\tto publish annual reports, monograms, bulletins, and other literatures relating to jute research and the activities of the Institute; (f)\tto organise training of officers and progressive farmers in modern improved method of jute and cultivation of allied fibre crops and also to train technical hands for utilisation of technological research findings; and (g)\tto do and perform such other activities as may be necessary for the purposes of this Act.", "name": "Functions of the Institute", "related_acts": "", "section_id": 10 }, { "act_id": 461, "details": "9. (1) The meetings of the Board shall be held at such times and places as may be prescribed: Provided that a meeting may also be otherwise convened by the 14Secretary of the Board, with the prior approval of the Chairman, when he so thinks fit. (2) Four members shall constitute a quorum at a meeting of the Board. (3) At a meeting of the Board, each member shall have one vote, and in the event of equality of votes the Chairman 15or the member presiding over the meeting shall have a second or casting vote. (4) The meeting of the Board shall be presided over by the Chairman, and in the absence of the Chairman, 16* * * by a member elected for the purpose by the members present. (5) 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": "Meetings of the Board", "related_acts": "", "section_id": 11 }, { "act_id": 461, "details": "10. (1) The Institute shall have its own Fund which shall be utilised by it to meet charges in connection with its functions under this Act. (2) The Fund shall consist of- (a)\tgrants made by the Government; (b)\tloans obtained from the Government; (c)\tloans and foreign aids obtained by the Institute with the prior approval of the Government; and (d)\tall other sums received by the Institute. (3) The Institute may open a deposit account with any bank or banks.", "name": "Funds of the Institute", "related_acts": "", "section_id": 12 }, { "act_id": 461, "details": "1711. (1) There shall be three Advisory Committees, namely, the Agricultural Research Committee, the Technological Research Committee and the Seed Production Committee, consisting of such persons as may be appointed by the Board from among persons who, by virtue of their knowledge and experience, can render valuable advice to the agricultural and technological research on jute and seed production. (2) The 18Director-General shall be the Chairman of the three committees.", "name": "Advisory Committees", "related_acts": "", "section_id": 13 }, { "act_id": 461, "details": "1912. For the efficient performance of the functions of the Institute- (a)\tthe Government may appoint such number of Directors and on such terms and conditions as it may determine from time to time; (b)\tthe Board may appoint such number of advisers, officers and other employees and on such terms and conditions as it may determine from time to time.", "name": "Appointment of Advisers, Directors, Officers etc.", "related_acts": "", "section_id": 14 }, { "act_id": 461, "details": "13. The Institute 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 during that financial year.", "name": "Annual budget statement", "related_acts": "", "section_id": 15 }, { "act_id": 461, "details": "14. (1) The Institute shall maintain its accounts of the receipts and expenditures in such manner and in such form as the Government may, in consultation with Comptroller and Auditor-General, hereinafter referred to as the Auditor-General specify. (2) The accounts of the Institute shall be audited by not less than two auditors, being chartered accountants within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), who shall be appointed by the Institute in consultation with the Auditor-General, and shall, in regard to the extent and method of their audit, be guided by such directions as may be given by the Auditor-General. (3) Notwithstanding anything contained in sub-section (2), the Auditor-General may, at any time, either of his own motion or upon a request in this behalf from the Government, undertake such audit of the accounts of the Institute as may be considered necessary, and the Institute shall, at the time of such audit, produce the account books and connected documents at such place or places as the Auditor-General may direct, and furnish such explanation and information as the Auditor-General or any officer authorised by him in this behalf may ask for. (4) Every auditor appointed under sub-section (2) shall be given a copy of the annual balance-sheet of the Institute 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 Institute, and shall at all reasonable times have access to books of accounts and other documents of the Institute, and may in relation to such accounts examine any Director or officer of the Institute. (5) 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 affairs of the Institute and, if they have called for an explanation or information from Board, whether it has been given and whether it is satisfactory. (6) The Government may, at any time, issue directions to the auditors requiring them to report to it upon the adequacy of measures taken by the Institute for the protection of the interest of the Government and of the creditors of the Institute or upon the sufficiency of the information and other means placed at the disposal of the auditors in auditing the accounts of the Institute.", "name": "Accounts and audit", "related_acts": "442", "section_id": 16 }, { "act_id": 461, "details": "15. (1) The Institute shall, as soon as possible after the end of every financial year, furnish to the Government a statement of the accounts audited by the auditors together with a report of the Board thereon and an annual report on the conduct of its affairs during the year. (2) The Institute shall furnish to the Government such other statements, returns and reports as the Government may from time to time require. (3) The copies of the statement of the audited accounts and the annual report received by the Government shall be published in official Gazette and laid before Parliament.", "name": "Statement of accounts, etc.", "related_acts": "", "section_id": 17 }, { "act_id": 461, "details": "16. (1) The 20advisers, Director-General, Directors and other officers and employees of the Institute shall, while acting or purporting to act in pursuance of any provision of this Act or the rules and regulations made thereunder, be deemed to be public servants within the meaning of section 21 of Penal Code (Act XLV of 1860). (2) The Institute shall not be construed as a “factory”, “shop”, “establishment”, “commercial establishment”, “industrial establishment” or “industry” within the meaning of the Factories Act, 1965 (E. P. Act IV of 1965), the Shop and Establishments Act, 1965 (E.P. Act VII of 1965), the Employment of Labour (Standing Orders) Act, 1965 (E. P. Act VIII of 1965) or the Industrial Relations Ordinance, 1969 (Ord. XXIII of 1969).", "name": "Public servants, etc.", "related_acts": "", "section_id": 18 }, { "act_id": 461, "details": "17. Upon the commencement of this Act, the Bangladesh Central Jute Committee registered under the Societies Registration Act, 1860 (Act XXI of 1860), shall notwithstanding anything contained in that Act, stand dissolved, and upon such dissolution- (a)\tall assets of the Bangladesh Central Jute Committee, hereinafter referred to as the said Committee, shall stand transferred to, and vested in, the Institute; Explanation. The expression “assets” includes all rights, powers, authorities and privileges and all property, movable and immovable, cash and bank balances and all other interests and rights 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, liabilities and obligations of whatever kind of the said Committee subsisting immediately before the commencement of this Act shall, unless the Government otherwise directs, be the debts, liabilities and obligations of the Institute; (c)\t\tall officers and other employees of the staff of the said Committee shall be deemed to be officers and other employees of the Institute and shall hold office on the same terms and conditions as were enjoyed by them immediately before the commencement of this Act and shall continue to do so unless and until their remuneration or terms and conditions are duly altered by the Institute: Provided that the Government may alter their remuneration or terms and conditions of service whenever it deems fit so to do.", "name": "Dissolution of the Bangladesh Central Jute Committee", "related_acts": "10", "section_id": 19 }, { "act_id": 461, "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": 20 }, { "act_id": 461, "details": "19. (1) The Institute may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Act, or the rules made thereunder, to provide for all matters for which provisions are necessary or expedient for the purposes of giving effect to the provisions of this Act. (2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.", "name": "Power to make regulations", "related_acts": "", "section_id": 21 }, { "act_id": 461, "details": "20. (1) The Jute Research Institute Ordinance, 1973 (Ord. XXIV of 1973), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken, including any order made, notification issued or direction given under the said Ordinance shall be deemed to have been done, taken, made, issued or given, as the case may be, under the corresponding provision of this Act.", "name": "Repeal and savings", "related_acts": "", "section_id": 22 } ], "text": "An Act to establish a Jute Research Institute. WHEREAS it is expedient to establish a Jute Research Institute for the purpose of undertaking agricultural and technical research on Jute and for matters incidental or ancillary thereto; It is hereby enacted as follows:-" }

{ "id": 462, "lower_text": [ "1 Clause (d) was omitted by section 2 of the Special Powers (Amendment) Act, 1991 (Act No. XVIII of 1991)", "2 Clause (g) was omitted by section 2 of the Special Powers (Amendment) Act, 1991 (Act No. XVIII of 1991)", "3 The words “High Court” were substituted for the words “Supreme Court” by section 2 of the Special Powers (Amendment) Ordinance, 1976 (Ordinance No. LXXIX of 1976)", "4 The words “High Court” were substituted for the words “Supreme Court” by section 2 of the Special Powers (Amendment) Ordinance, 1976 (Ordinance No. LXXIX of 1976)", "5 The word “or” was omitted by section 2 of the Special Powers (Amendment) Act, 1974 (Act No. LIX of 1974)", "6 The semi-colon and word “; or” were substituted for the full stop (.) by section 2 of the Special Powers (Amendment) Act, 1974 (Act No. LIX of 1974)", "7 Clause (f) was inserted by section 2 of the Special Powers (Amendment) Act, 1974 (Act No. LIX of 1974)", "8 Sub-section (3) was substituted by section 2 of the Special Powers (Amendment) Act, 1974 (Act No. LIX of 1974)", "9 The words “imprisonment for life” were substituted for the words “transportation for life” by section 2 of the Special Powers (Amendment) Act, 1987 (Act No. XVII of 1987)", "10 The words “or the Police Commissioner in the Dacca Metropolitan Area” were inserted by section 12 and the Schedule of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)", "11 The words “a Metropolitan Area” were substituted for the words “the Dacca Metropolitan Area” by Section 114 and the Schedule III of the Chittagong Metropolitan Police Ordinance, 1978 (Ordinance No. XLVIII of 1978)", "12 Section 25E was inserted by section 7 of the Special Powers (Amendment) Act, 1987 (Act No. XVII of 1987)", "13 Sub-section (1) was substituted by section 3 of the Special Powers (Amendment) Act, 1974 (Act No. LIX of 1974)", "14 The words “imprisonment for life” were substituted for the words “transportation for life” by section 3 of the Special Powers (Amendment) Act, 1987 (Act No. XVII of 1987)", "15 Sections 25A, 25B, 25C and 25D were inserted by section 4 of the Special Powers (Amendment) Act, 1974 (Act No. LIX of 1974)", "16 The words “imprisonment for life” were substituted for the words “transportation for life” by section 4 of the Special Powers (Amendment) Act, 1987 (Act No. XVII of 1987)", "17 Existing provision of section 25B was numbered as sub-section (1) of that section by section 5 of the Special Powers (Amendment) Act, 1987 (Act No. XVII of 1987)", "18 The words and comma “imprisonment for life, or with rigorous imprisonment for a term which may extend to fourteen years and shall not be less than two years” were substituted for the words and comma “transportation for life, or with rigorous imprisonment for a term which may extend to fourteen years” by section 5 of the Special Powers (Amendment) Act, 1987 (Act No. XVII of 1987)", "19 Sub-section (2) was added by section 5 of the Special Powers (Amendment) Act, 1987 (Act No. XVII of 1987)", "20 The words “imprisonment for life” were substituted for the words “transportation for life” by section 6 of the Special Powers (Amendment) Act, 1987 (Act No. XVII of 1987)", "21 The colon (:) was substituted for the full stop (.) and thereafter the proviso was added by section 2 of the Special Powers (Amendment) Act, 1980 (Act No. VIII of 1980)", "22 The words “any Special Tribunal” were substituted for the words “the Special Tribunal” by section 3 of the Special Powers (Amendment) Act, 1980 (Act No. VIII of 1980)", "23 Sub-sections (6) and (6A) were substituted for former sub-section (6) by section 4 of the Special Powers (Amendment) Act, 1991 (Act No. XVIII of 1991)", "24 Sub-section (7) was added by section 2 of the Special Powers (Second Amendment) Act, 1974 (Act No. LXXIII of 1974)", "25 Section 28 was substituted by section 4 of the Special Powers (Amendment) Act, 1980 (Act No. VIII of 1980)", "26 The words “imprisonment for life” were substituted for the word “transportation” by section 8 of the Special Powers (Amendment) Act, 1987 (Act No. XVII of 1987)", "27 ctions 30 and 30A were substituted for former section 30 by section 5 of the Special Powers (Amendment) Act, 1974 (Act No. LIX of 1974)", "28 ction 30 was substituted by section 2 of the Special Powers (Amendment) Ordinance, 1985 (Ordinance No. XXXIII of 1985)", "29 The word “and” was added by section 4 of the Special Powers (Amendment) Ordinance, 1977 (Ordinance No. XL of 1977)", "30 Clause (b) was omitted by section 4 of the Special Powers (Amendment) Ordinance, 1977 (Ordinance No. XL of 1977)", "31 The word “an” was substituted for the words “any other” by section 4 of the Special Powers (Amendment) Ordinance, 1977 (Ordinance No. XL of 1977)", "32 Sections 34A and 34B were inserted by section 7 of the Special Powers (Amendment) Act, 1974 (Act No. LIX of 1974)" ], "name": "The Special Powers Act, 1974", "num_of_sections": 44, "published_date": "9th February, 1974", "related_act": [ 88, 75, 462 ], "repelled": false, "sections": [ { "act_id": 462, "details": "1. This Act may be called the Special Powers Act, 1974.", "name": "Short title", "related_acts": "462", "section_id": 1 }, { "act_id": 462, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Code” means the Code of Criminal Procedure, 1898 (V of 1898); (b)\t“dealing in the black-market” means selling or buying anything for purposes of trade at a price higher than the maximum price fixed by or under any law, or, otherwise than in accordance with any law,- (i)\tselling, bartering, exchanging, supplying or disposing of articles rationed by or under any such law; or (ii)\tusing or dealing with any licence, permit or ration document issued by or under any such law; (c)\t“detention order” means an order of detention made under section 3; 1* * *  (e) \t“hoarding” means stocking or storing anything in excess of the maximum quantity of that thing allowed to be held in stock or storage at any one time by any person by or under any law; (f)\t“prejudicial act” means any act which is intended or likely- (i) \tto prejudice the sovereignty or defence of Bangladesh; (ii) \tto prejudice the maintenance of friendly relations of Bangladesh with foreign states; (iii) \tto prejudice the security of Bangladesh or to endanger public safety or the maintenance of public order; (iv) \tto create or excite feelings of enmity or hatred between different communities, classes or sections of people; (v) \tto interfere with or encourage or incite interference with the administration of law or the maintenance of law and order; (vi) \tto prejudice the maintenance of supplies and services essential to the community; (vii)\t\tto cause fear or alarm to the public or to any section of the public; (viii) \tto prejudice the economic or financial interests of the State; 2* * * (h)\t“prescribed” means prescribed by rules made under this Act.", "name": "Definitions", "related_acts": "75", "section_id": 2 }, { "act_id": 462, "details": "3. (1) The Government may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act it is necessary so to do, make an order- (a)\tdirecting that such person be detained;  (b)\tdirecting him to remove himself from Bangladesh in such manner, before such time and by such route as may be specified in the order: Provided that no order of removal shall be made in respect of any citizen of Bangladesh. (2) Any District Magistrate or Additional District Magistrate may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act within the meaning of section 2(f) (iii), (iv), (v), (vi), (vii) or (viii) it is necessary so to do, make an order directing that such person be detained. (3) When any order is made under sub-section (2), the District Magistrate or the Additional District Magistrate making the order shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than thirty days after the making thereof unless in the meantime it has been approved by the Government. (4) If any person fails to remove himself from Bangladesh in accordance with the direction of an order made under sub-section (1) (b), then, without prejudice to the provisions of sub-section (5), he may be so removed by any police officer or by any person authorised by the Government in this behalf. (5) If any person contravenes any order made under sub-section (1) (b), he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.", "name": "Power to make orders detaining or removing certain persons", "related_acts": "", "section_id": 3 }, { "act_id": 462, "details": "4. A detention order may be executed at any place in Bangladesh in the manner provided for the execution of warrants of arrest under the Code.", "name": "Execution of detention orders", "related_acts": "", "section_id": 4 }, { "act_id": 462, "details": "5. Every person in respect of whom a detention order has been made shall be liable- (a)\tto be detained in such place and under such conditions, including conditions as to discipline and punishment for breaches of discipline, as the Government may, by general or special order specify; and  (b)\tto be removed from one place of detention to another place of detention by order of the Government.", "name": "Power to regulate place and conditions of detention", "related_acts": "", "section_id": 5 }, { "act_id": 462, "details": "6. No detention order shall be invalid or inoperative merely by reason that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the Government or the District Magistrate or Additional District Magistrate making the order, or that the place of detention of such person is outside the said limits.", "name": "Detention orders not to be invalid or inoperative on certain grounds", "related_acts": "", "section_id": 6 }, { "act_id": 462, "details": "7. If the Government or a District Magistrate or an Additional District Magistrate mentioned in section 3(2), as the case may be, has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, it or he may- (a)\tmake a report in writing of the fact to a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 87, 88 and 89 of the Code shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate; (b)\tby order notified in the official Gazette direct the said person to appear before such officer, at such place, and within such period as may be specified in the order; and if the said person fails to comply with such direction he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, inform the officer of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.", "name": "Powers in relation to absconding persons", "related_acts": "", "section_id": 7 }, { "act_id": 462, "details": "8. (1) In every case where an order has been made under section 3, the authority making the order shall, as soon as may be, but subject to the provisions of sub-section (2), communicate to the person affected thereby the grounds on which the order has been made to enable him to make a representation in writing against the order, and it shall be the duty of such authority to inform such person of his right of making such representation and to afford him the earliest opportunity of doing so: Provided that nothing in this section shall require the authority to disclose the facts which it considers to be against the public interest to disclose. (2) In the case of a detention order, the authority making the order shall inform the person detained under that order of the grounds of his detention at the time he is detained or as soon thereafter as is practicable, but not later than fifteen days from the date of detention.", "name": "Communication of grounds of order", "related_acts": "", "section_id": 8 }, { "act_id": 462, "details": "9. (1) The Government shall, whenever necessary, constitute an Advisory Board for the purposes of this Act. (2) The Advisory Board shall consist of three persons, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the 3High Court and the other shall be a person who is a senior officer in the service of the Republic, and such persons shall be appointed by the Government. (3) The Government shall appoint one of the members of the Advisory Board who is, or has been, or is qualified to be appointed as, a Judge of the 4High Court to be its Chairman.", "name": "Constitution of Advisory Board", "related_acts": "", "section_id": 9 }, { "act_id": 462, "details": "10. In every case where a detention order has been made under this Act, the Government shall, within one hundred and twenty days from the date of detention under the order, place before the Advisory Board constituted under section 9 the grounds on which the order has been made and the representation, if any, made by the person affected by the order.", "name": "Reference to Advisory Board", "related_acts": "", "section_id": 10 }, { "act_id": 462, "details": "11. (1) The Advisory Board shall, after considering the materials placed before it and calling for such further information as it may deem necessary from the Government or from the person concerned and after affording the person concerned an opportunity of being heard in person, submit its report to the Government within one hundred and seventy days from the date of detention. (2) The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned. (3) When there is a difference of opinion among the members of the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board. (4) Nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the Advisory Board, and the proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential.", "name": "Procedure of Advisory Board", "related_acts": "", "section_id": 11 }, { "act_id": 462, "details": "12. (1) In any case where the Advisory Board has reported that there is, in its opinion, sufficient cause for the detention of a person, the Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit: Provided that the Advisory Board shall, after affording the person concerned an opportunity of being heard in person, review such detention order, unless revoked earlier, once in every six months from the date of such detention order and the Government shall inform the person concerned of the result of such review. (2) In any case where the Advisory Board has reported that there is, in its opinion, no sufficient cause for the detention of the person concerned, the Government shall revoke the detention order and cause the person to be released forthwith.", "name": "Action upon the report of Advisory Board", "related_acts": "", "section_id": 12 }, { "act_id": 462, "details": "13. A detention order may, at any time, be revoked or modified by the Government.", "name": "Revocation of detention orders", "related_acts": "", "section_id": 13 }, { "act_id": 462, "details": "14. (1) The Government may, at any time, direct that any person detained in pursuance of a detention order may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release. (2) In directing the release of any person under sub-section (1), the Government may require him to enter into a bond, with or without sureties, for the due observance of the conditions specified in the direction. (3) Any person released under sub-section (1) shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be. (4) If any person fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. (5) If any person released under sub-section (1) fails to fulfil any of the conditions imposed upon him under the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof.", "name": "Temporary release of persons detained", "related_acts": "", "section_id": 14 }, { "act_id": 462, "details": "15. (1) No person shall do any act with intent to impair the efficiency or impede the working of, or to cause damage to,- (a)\tany building, vehicle, machinery, apparatus or other property used, or intended to be used, for the purposes of the Government or of any local authority or nationalised commercial or industrial undertaking ; (b)\tany railway, aerial ropeway, road, canal, bridge, culvert, causeway, port, dockyard, light-house, aerodrome, telegraph or telephone line or post, or television or wireless installation; (c)\tany rolling-stock of any railway or any vessel or aircraft; (d)\tany building or other property used in connection with the production, distribution or supply of any essential commodity, any sewage works, mine or factory ; 5* * * (e)\tany place or area prohibited or protected under this Act or any other law for the time being in force 6; or 7(f) \tany jute, jute product, jute godown, jute mill or jute bailing press. (2) The provisions of sub-section (1) shall apply in relation to any omission on the part of any person to do anything which he is under a duty, either to Government or to any public authority or to any person, to do, as they apply to the doing of any act by a person. 8(3) If any person contravenes any of the provisions of this section, he shall be punishable with death, or with 9imprisonment for life, or with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine.", "name": "Sabotage", "related_acts": "", "section_id": 15 }, { "act_id": 462, "details": "16. Prohibition of prejudicial acts, etc.- Omitted by section 3 of the Special Powers (Amendment) Act, 1991 (Act No. XVIII of 1991).", "name": "Omitted", "related_acts": "", "section_id": 16 }, { "act_id": 462, "details": "17. Proscription, etc., of certain documents.- Omitted by section 3 of the Special Powers (Amendment) Act, 1991 (Act No. XVIII of 1991).", "name": "Omitted.", "related_acts": "", "section_id": 17 }, { "act_id": 462, "details": "18. Regulation of publication of certain matters.- Omitted by section 3 of the Special Powers (Amendment) Act, 1991 (Act No. XVIII of 1991).", "name": "Omitted.", "related_acts": "", "section_id": 18 }, { "act_id": 462, "details": "19. (1) Notwithstanding anything contained in any other law for the time being in force, where the Government is satisfied with respect to any association that there is danger that the association may act in a manner or be used for purposes prejudicial to the maintenance of public order it may, after \thearing the person or persons concerned, by order notified in the official Gazette, direct the association to suspend its activities for such period not exceeding six months as may be specified in the order. (2) Where an order under sub-section (1) is in force in respect of an association, any officer authorised by the Government in this behalf may enter upon and search any premises used for the purposes of the association and take possession of any document belonging to or in the custody of the association which, in his opinion, may be used for purposes prejudicial to the maintenance of public order. (3) Where an order has been made in respect of an association under sub-section (1), the Government may, by order notified in the official Gazette, direct that no funds or other property of the association shall be used, transferred or otherwise disposed of, or in any way dealt with, so long as the order under sub-section (1) remains in force. (4) Where an order under sub-section (3) has been made in respect of an association, all claims of the employees or creditors of the association, or any other person, on the association or on the funds or property thereof, shall remain suspended, and the commencement or continuance of all actions and proceedings relating to such claim shall be stayed, for so long as the order remains in force. (5) For the purposes of any suit, appeal or application by or against an association in respect of which an order under sub-section (3) has been made, the period during which the order remains in force shall, notwithstanding anything contained in the Limitation Act, 1908 (IX of 1908), be excluded in computing the period of limitation. (6) No person shall so long as an order under sub-section (1) in respect of any association remains in force- (a)\tmanage or assist in managing the association ; (b)\tpromote or assist in promoting a meeting of any members of the association, or attend any such meeting in any capacity ; (c)\tpublish any notice or advertisement relating to any such meeting ; (d)\tinvite persons to support the association ; or (e)\totherwise in any way assist the operation of the association. (7) A copy of an order under this section shall be served on the president, chairman, secretary or other officer or person concerned with the management of the affairs of the association by whatever name called, or by leaving it or sending it by post to the association at the last known address of its principal office. (8) If any person contravenes an order made under this section, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both. (9) In this section, “association” includes a union or political party.", "name": "Control of subversive associations", "related_acts": "88", "section_id": 19 }, { "act_id": 462, "details": "20. (1) No person shall form, or be a member or otherwise take part in the activities of, any communal or other association or union which in the name or on the basis of any religion has for its object, or pursues, a political purpose. (2) Where the Government is satisfied that an association or union has been formed or is operating in contravention of the provisions of sub-section (1), it may, after hearing the person or persons concerned, declare, by notification in the official Gazette, that the association or union has been formed or is operating in contravention of the provisions of sub-section (1), and upon such declaration, the association or union concerned shall stand dissolved and all its properties and funds shall be forfeited to Government. (3) Any person who, after the dissolution of an association or union under sub-section (2), holds himself out as a member or office-bearer of that association or union, or acts for, or otherwise takes part in the activities of, that association or union, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.", "name": "Prohibition of formation of certain associations or unions", "related_acts": "", "section_id": 20 }, { "act_id": 462, "details": "21. (1) If as respects any place or class of places the Government considers it necessary in the public interest that special precautions should be taken to prevent the entry of unauthorised persons, it may, by order, declare that place or, as the case may be, every place of that class to be a protected place; and thereupon, for so long as the order remains in force, such place or every place of such class, as the case may be, shall be a protected place for the purposes of this Act. (2) No person shall, without the permission of the Government, enter, or be on or in, or pass over, any protected place. (3) Where in pursuance of sub-section (2) any person is granted permission to enter, or to be on or in, or to pass over, a protected place, the person shall, while acting under such permission, comply with such orders for regulating his conduct as may be given by the Government.", "name": "Protected places", "related_acts": "", "section_id": 21 }, { "act_id": 462, "details": "22. (1) If the Government considers it necessary in the public interest to regulate the entry of persons into any area, it may, without prejudice to any other provision of this Act, by order declare the area to be a protected area; and thereupon, for so long as the order is in force, such area shall be a protected area for the purposes of this Act. (2) On and after such day as may be specified in, and subject to any exemptions for which provisions may be made by, an order made under sub-section (1), no person, who was not at the beginning of the said day resident in the area declared to be a protected area by the said order, shall be therein except in accordance with the terms of a permit granted to him by an authority or person specified in the said order.", "name": "Protected areas", "related_acts": "", "section_id": 22 }, { "act_id": 462, "details": "23. (1) Any police officer, or any other person authorised in this behalf by the Government, may search any person entering or seeking to enter, or being on or in, or leaving, a protected place or protected area, and any vehicle, vessel, animal or article brought in by such person, and may, for the purpose of the search, detain such person, vehicle, vessel, animal or article: Provided that no woman shall be searched in pursuance of this sub-section except by a woman. (2) If any person is in a protected place or protected area in contravention of the provisions of section 21 or, as the case may \tbe, 22, then, without prejudice to any other proceedings which may be taken against him, he may be removed therefrom by or under the direction of any police officer or by any other person authorised in this behalf by the Government. (3) If any person is in a protected place or protected area in contravention of any of the provisions of section 21 or, as the case may be, 22, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.", "name": "Enforcement of the provisions of sections 21 and 22", "related_acts": "", "section_id": 23 }, { "act_id": 462, "details": "24. (1) The District Magistrate 10or the Police Commissioner in 11a Metropolitan Area may, subject to the control of the Government, by order direct that, subject to any exemption specified in the order, no person present within any area or areas specified in the order shall, between such hours as may be specified in the order, be out of doors except under the authority of a written permit granted by a specified authority or person. (2) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.", "name": "Curfew", "related_acts": "", "section_id": 24 }, { "act_id": 462, "details": "25D. Whoever attempts or conspires or makes preparation to commit or abets any offence punishable under this Act shall be punishable with the punishment provided for the offence.", "name": "Penalty for attempt, etc.", "related_acts": "", "section_id": 25 }, { "act_id": 462, "details": "1225E. Where an offence under section 25, 25A, 25B, 25C or 25D is committed by a firm, company or other body corporate, every partner, director, manager, secretary or other officer or agent thereof shall, if actively concerned in the conduct of the business of such firm, company or body corporate, be deemed to have committed the offence unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the offence.", "name": "Offences by companies", "related_acts": "", "section_id": 26 }, { "act_id": 462, "details": "25. 13(1) Whoever is found guilty of the offence of hoarding or dealing in the black-market shall be punishable with death, or with 14imprisonment for life, or with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine: Provided that if, in the case of an offence of hoarding, the person accused of such offence proves that he was hoarding for purposes other than gain, whether financial or otherwise, he shall be punishable with imprisonment for a term which may extend to three months, and shall also be liable to fine. (2) A court convicting an offence of hoarding or dealing in the black-market shall order the forfeiture to Government of anything in respect of which the offence was committed. (3) Omitted by section 3 of the Special Powers (Amendment) Act, 1987 (Act No. XVII of 1987).", "name": "Penalty for hoarding or dealing in black-market", "related_acts": "", "section_id": 27 }, { "act_id": 462, "details": "1525A. Whoever- (a)\tcounterfeits, or knowingly performs any part of the process of counterfeiting any currency-note or Government stamp; or (b)\tsells to, or buys or receives from, any person, or otherwise traffics in or uses as genuine, any counterfeit currency-note or Government stamp, knowing or having reason to believe the same to be counterfeit; or (c)\tmakes, or performs any part of the process of making, or buys or sells or disposes of, or has in his possession, any machinery, instrument or material for the purposes of being used, or knowing or having reason to believe that it is intended to be used, for counterfeiting any currency-note or Government stamp, shall be punishable with death, or with 16imprisonment for life, or with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine. Explanation. In this section,- (a)\t“counterfeit” has the meaning assigned to it in the Penal Code (XLV of 1860); and (b)\t“Government stamp” means any stamp issued by the Government for the purpose of revenue.", "name": "Penalty for counterfeiting currency-notes and Government stamps", "related_acts": "", "section_id": 28 }, { "act_id": 462, "details": "25B. 17(1) Whoever, in breach of any prohibition or restriction imposed by or under any law for the time being in force, or evading payment of customs duties or taxes leviable thereon under any law for the time being in force, (a)\ttakes out of Bangladesh jute, gold or silver bullion, manufactures of gold or silver, currency, articles of food, drugs, imported goods, or any other goods; or (b)\tbrings into Bangladesh any goods, shall be punishable with death, or with 18imprisonment for life, or with rigorous imprisonment for a term which may extend to fourteen years and shall not be less than two years, and shall also be liable to fine. 19(2) Whoever sells, or offers or displays for sale, or keeps in his possession or under his control for the purpose of sale, any goods the bringing of which into Bangladesh is prohibited by or under any law for the time being in force shall be punishable with imprisonment for a term which may extend to seven years and shall not be less than one year, and shall also be liable to fine. Explanation.- For the purposes of this sub-section, if any such goods are found in any premises used for any purpose other than for residential purpose, it shall be presumed that such goods have been kept in the possession of the owner or occupier or, where the premises have been let out, the occupier, of such premises for the purpose of sale and the burden shall lie on such owner or occupier to prove that he did not keep such goods in such premises or that such goods were not kept for the purpose of sale or that such goods were brought into Bangladesh at the time when the bringing of such goods were not prohibited by or under any law.", "name": "Penalty for smuggling", "related_acts": "", "section_id": 29 }, { "act_id": 462, "details": "25C. (1) Whoever- (a)\tadulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink; or (b) \tsells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink; or (c) \tadulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medical purpose, as if it had not undergone such adulteration; or (d) \tknowing any drug or medical preparation to have been adulterated is such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medical purposes as unadulterated, or causes it to be used for medical purposes by any person not knowing of the adulteration; or (e) \tknowingly sells, or offers or exposes for sale, or issues from a dispensary for medical purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punishable with death, or with 20imprisonment for life, or with rigorous imprisonment for a term which may extend to fourteen years, and shall also be liable to fine. (2) Whoever- (a)\tadulterates any hair oil, toilet soap or other cosmetic in such a manner as to make it harmful to hair, skin, complexion or any part of the body, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any cosmetic purpose; or (b)\tknowing any hair oil, toilet soap or other cosmetic to have been adulterated in such a manner as to make it harmful to hair, skin, complexion or any part of the body, sells the same, or offers or exposes it for sale, as adulterated, shall be punishable with rigorous imprisonment for a term which may extend to five years, and shall also be liable to fine.", "name": "Penalty for adulteration of, or sale of adulterated food, drink, drugs or cosmetics", "related_acts": "", "section_id": 30 }, { "act_id": 462, "details": "26. (1) Notwithstanding anything contained in the Code or in any other law for the time being in force, the offences specified in the Schedule to this Act shall be triable exclusively by a Special Tribunal constituted under sub-section (2). (2) Every Sessions Judge, Additional Sessions Judge and Assistant Sessions Judge shall, for the areas within his sessions division, be a Special Tribunal for the trial of offences triable under this Act 21: Provided that the Government may, for the purpose of trial of offences mentioned in paragraphs 3 and 4 of the Schedule to this Act, constitute one or more additional Special Tribunals for such areas as may be specified by the Government and an additional Special Tribunal so constituted shall consist of one member, to be appointed by the Government, who shall be a person who is a Metropolitan Magistrate or a Magistrate of the first class. (3) A Special Tribunal consisting of the Sessions Judge may transfer, at any stage of the trial, any case from one Special Tribunal to another Special Tribunal within his sessions division.", "name": "Offences under this Act and certain other offences to be tried by Special Tribunals", "related_acts": "", "section_id": 31 }, { "act_id": 462, "details": "27. (1) Notwithstanding anything contained in the Code or in any other law for the time being in force, a Special Tribunal may take cognizance of an offence triable under this Act without the accused being committed to it for trial, but shall not take cognizance of any such offence except on a report in writing made by a police officer not below the rank of Sub-Inspector. (2) Proceedings in respect of an offence triable under this Act alleged to have been committed by any person may be taken before 22any Special Tribunal having jurisdiction in the place where that person is for the time being or where the offence or any part thereof was committed. (3) A Special Tribunal may sit at such times and places as it deems fit or as the Government may direct. (4) A Special Tribunal trying an offence under this Act shall try such offence summarily and in trying such offence such Special Tribunal shall follow the procedure laid down in the Code for summary trial of summons cases. (5) A Special Tribunal shall not adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interest of justice. 23(6) Where a Special Tribunal has reason to believe that an accused person has absconded or is concealing himself so that he cannot be arrested and produced before it for trial and there is no immediate prospect of arresting him, it shall, by order published in at least two Bengali daily newspapers having wide circulation, direct such person to appear before it within such period as may be specified in the order, and if such person fails to comply with such direction, he shall be tried in his absence. (6A) Where in a case after the production or appearance of an accused person before the Tribunal or his release on bail, the accused person absconds or fails to appear before it, the procedure as laid down in sub-section (6) shall not apply and the Tribunal shall, after recording its decision so to do, try such person in his absence. 24(7) A Special Tribunal may, on application or of its own motion, direct a police officer to make further investigation in any case relating to an offence triable under this Act and report within such time as may be specified by it.", "name": "Procedure of Special Tribunals", "related_acts": "", "section_id": 32 }, { "act_id": 462, "details": "2528. Notwithstanding anything contained in the Code or in any other law for the time being in force,- (a)\ta Special Tribunal consisting of a Sessions Judge, an Additional Sessions Judge or an Assistant Sessions Judge may pass upon any person convicted by it any sentence authorised by law for the punishment of the offence of which such person is convicted; (b)\ta Special Tribunal consisting of a Metropolitan Magistrate or a Magistrate of the first class may pass upon any person convicted by it any sentence authorised by law for the punishment of the offence of which such person is convicted except death, 26imprisonment for life or imprisonment for a term exceeding seven years and fine exceeding ten thousand taka.", "name": "Powers of Special Tribunals", "related_acts": "", "section_id": 33 }, { "act_id": 462, "details": "29. The provisions of the Code, so far only as they are not inconsistent with the provisions of this Act, shall apply to the proceedings of Special Tribunals, and such Special Tribunals shall have all the powers conferred by the Code on a Court of \tSession exercising original jurisdiction, and a person conducting prosecution before such Special Tribunals shall be deemed to be a public prosecutor.", "name": "Application of the Code to proceedings of Special Tribunals", "related_acts": "", "section_id": 34 }, { "act_id": 462, "details": "27 2830. (1) An appeal from any order, judgment or sentence of a Special Tribunal may be preferred to the High Court Division within thirty days from the date of delivery or passing thereof. (2) Where a Special Tribunal passes a sentence of death, the proceedings shall be submitted forthwith to the High Court Division and the sentence shall not be executed unless it is confirmed by that Division.", "name": "Appeals and confirmation of death sentences", "related_acts": "", "section_id": 35 }, { "act_id": 462, "details": "30A. Without prejudice to the provisions of Chapter XXIX of the Code, the Government may at any time remit, suspend or commute any sentence passed by Special Tribunal under this Act.", "name": "Power of Government to remit, suspend or commute any sentence", "related_acts": "", "section_id": 36 }, { "act_id": 462, "details": "31. A Special Tribunal, unless it otherwise decides, shall not be bound to recall or re-hear any witness whose evidence has already been recorded, or to re-open proceedings already held, but may act on the evidence already produced or recorded and continue the trial from the stage which the case has reached.", "name": "Bar on trial de-novo", "related_acts": "", "section_id": 37 }, { "act_id": 462, "details": "32. Notwithstanding anything contained in the Code or in any other law for the time being in force,- (a) \tall offences triable under this Act shall be cognizable ; 29and 30* * *  (c)\tno person accused or convicted of 31an offence triable under this Act shall, if in custody, be released on bail or on his own bond unless- (i)\tthe prosecution has had opportunity of being heard in respect of the application for such release; and (ii)\twhere the prosecution opposes the application, the Magistrate, Special Tribunal or Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence.", "name": "Offences to be cognizable and non-bailable", "related_acts": "", "section_id": 38 }, { "act_id": 462, "details": "33. A police officer making an arrest in connection with an offence triable under this Act shall, immediately after producing the person arrested before the nearest Magistrate, send a copy to the Government of the report submitted by him to the Magistrate relating to such arrest through such officer as the Government may, by general or special order, direct.", "name": "Report by police officer to Government", "related_acts": "", "section_id": 39 }, { "act_id": 462, "details": "34. Except as provided in this Act, no order made, direction issued, or proceeding taken under this Act, or purporting to have been so made, issued or taken, as the case may be, shall be called in question in any Court, and no suit, prosecution or other legal proceeding shall lie against the Government or any person for anything in good faith done or intended to be done under this Act.", "name": "Bar on jurisdiction of Courts", "related_acts": "", "section_id": 40 }, { "act_id": 462, "details": "3234A. When a person is sentenced to death under this Act, the sentence may be executed by hanging him by the neck till he is dead or by shooting him in the prescribed manner till he is dead as the Special Tribunal may direct.", "name": "Execution of death sentences", "related_acts": "", "section_id": 41 }, { "act_id": 462, "details": "34B. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Code or in any other law for the time being in force.", "name": "Act to over-ride all other laws", "related_acts": "", "section_id": 42 }, { "act_id": 462, "details": "35. The Government may make rules for carrying out the purposes of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 43 }, { "act_id": 462, "details": "36. (1) The Security Act, 1952 (XXXV of 1952), the Public Safety Ordinance, 1958 (E. P. Ord. LXXVIII of 1958), and the Bangladesh Scheduled Offences (Special Tribunal) Order, 1972 (P. O. No. 50 of 1972), are hereby repealed. (2) Notwithstanding such repeal,- (a) \tany order or rule made or anything done or any action taken or any proceeding commenced under any provision of the Security Act, 1952 (XXXV of 1952), or the Public Safety Ordinance, 1958 (E. P. Ord. LXXVIII of 1958), shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, done, taken or commenced under the corresponding provisions of this Act ; (b)\tall cases pending before any Special Magistrate or Special Tribunal appointed or constituted or deemed to be appointed or constituted under the Bangladesh Scheduled Offences (Special Tribunal) Order, 1972 (P. O. No. 50 of 1972), immediately before the commencement of this Act shall be tried and disposed of by such Special Magistrate or Special Tribunal, and all matters in connection with such cases shall be regulated in accordance with the provisions of the said Order, as if the said Order had not been repealed by this Act.", "name": "Repeals and savings", "related_acts": "", "section_id": 44 } ], "text": "An Act to provide for special measures for the prevention of certain prejudicial activities, for more speedy trial and effective punishment of certain grave offences and for matters connected therewith. WHEREAS it is expedient to provide for special measures for the prevention of certain prejudicial activities, for more speedy trial and effective punishment of certain grave offences and for matters connected therewith; It is hereby enacted as follows:-" }

{ "id": 463, "lower_text": [], "name": "The Refugees Rehabilitation Finance Corporation (Repeal) Act, 1974", "num_of_sections": 3, "published_date": "12th February, 1974", "related_act": [ 417, 369, 454, 463 ], "repelled": false, "sections": [ { "act_id": 463, "details": "1. This Act may be called the Refugees Rehabilitation Finance Corporation (Repeal) Act, 1974.", "name": "Short title", "related_acts": "463", "section_id": 1 }, { "act_id": 463, "details": "2. (1) The Refugees Rehabilitation Finance Corporation Ordinance, 1959 (II of 1960), hereinafter referred to as the said Ordinance, is hereby repealed. (2) Upon the repeal of the said Ordinance,- (a)\tsubject to the provisions of clause (b), all movable properties including furniture, fixtures, cash balances, bank deposits, reserve funds and rights in or arising out of such properties of the Bangladesh Refugees Rehabilitation Finance Corporation, hereinafter referred to as the said Corporation, shall be transferred to, vested in, and distributed between the Bangladesh Shilpa Bank established under the Bangladesh Shilpa Bank Order, 1972 (P.O. No. 129 of 1972), and the Bangladesh Krishi Bank established under the Bangladesh Krishi Bank Order, 1973 (P.O. No. 27 of 1973), in such manner as the Government may determine; (b)\tall projects including both immovable and movable properties, bank deposits, reserve funds in relation to the projects of the said Corporation subsisting immediately before the repeal of the said Ordinance shall be transferred to, and vest in, the Bangladesh Shilpa Bank; (c)\tall outstanding loans granted either in cash or in kind by the said Corporation immediately before the repeal of the said Ordinance shall be collected and recovered by the Bangladesh Krishi Bank and, for the recovery of such loans, the provisions of the Bangladesh Krishi Bank Order, 1973 (P.O. No. 27 of 1973), shall apply as if such loans were granted by the said Bank; (d)\tall officers and employees of the said Corporation shall be transferred to, and appointed by, the Bangladesh Krishi Bank and the Bangladesh House Building Finance Corporation established under the Bangladesh House Building Finance Corporation Order, 1973 (P.O. No. 7 of 1973), in such manner and on such terms and conditions as the said Bank or, as the case may be, the House Building Finance Corporation may decide: Provided that an officer or other employee may, within such time as may be specified by the said Bank or, as the case may be, the House Building Finance Corporation to which he is transferred exercise his option not to continue in the service of that Bank or the House Building Finance Corporation; (e) (i)\tall suits and other legal proceedings instituted by or against the said Corporation in connection with any of the projects situated in Bangladesh and pending immediately before the repeal of the said Ordinance shall be deemed to be suits and proceedings by or against the Bangladesh Shilpa Bank; (ii) all suits and other legal proceedings instituted by or against the said Corporation in connection with loans granted by the said Corporation in Bangladesh and pending immediately before the repeal of the said Ordinance shall be deemed to be suits and proceedings by or against the Bangladesh Krishi Bank; (f) \tall debts and obligations incurred, contracts entered into or rights acquired by the said Corporation in connection with any of the projects situated in Bangladesh and subsisting or having effect immediately before the repeal of the said Ordinance shall be deemed to have been incurred, entered into or acquired for the Bangladesh Shilpa Bank.", "name": "Repeal and Savings", "related_acts": "417,454,454", "section_id": 2 }, { "act_id": 463, "details": "3. In the Bangladesh (Administration of Financial Institutions) Order, 1972 (A.P.O. No. 3 of 1972), in Article 2, clause (b) shall be omitted.", "name": "Amendment of Article 2, A.P.O. No. 3 of 1972", "related_acts": "369", "section_id": 3 } ], "text": "An Act to repeal the Refugees Rehabilitation Finance Corporation Ordinance, 1959, and to amend certain other law. WHEREAS it is expedient to repeal the Refugees Rehabilitation Finance Corporation Ordinance, 1959 (II of 1960), and to amend certain other law for the purpose hereinafter appearing; It is hereby enacted as follows:-" }

{ "id": 464, "lower_text": [ "1 Throughout this Act, the words “Bangladesh Public Service Commission”, “The chairman” and “the chairman” were substituted for the words “public service commissions”, “A chairman” and “a chairman” by section 2 of the Members of the Public Service Commissions (Terms and Conditions of Service)(Amendment) Ordinance, 1978 (Ordinance No. XLVII of 1978)", "2 The words “the commission” were substituted for the words “a commission” by section 4 of the Members of the Public Service Commission (Terms and Conditions of Service) (Amendment) Ordinance, 1978 (Ordinance No. XLVII of 1978)", "3 Clause (b) was substituted by section 4 of the Members of the Public Service Commission (Terms and Conditions of Service) (Amendment) Ordinance, 1978 (Ordinance No. XLVII of 1978)", "4 Section 3 was substituted by section 2 of the Members of the Bangladesh Public Service Commission (Terms and Conditions of Service) (Amendment) Act, 2000 (Act No. V of 2000)", "5 Sub-section (1) was substituted by section 2 of The Members of the Bangladesh Public Service Commission (Terms and Conditions of Service) (Amendment) Act, 2012 (Act No. XXXVIII of 2012).", "6 Clause (b) was substituted by section 2 of the Members of the Bangladesh Public Service Commission (Terms and Conditions of Service) (Amendment) Act, 2009 (Act No. XLV of 2009) (with effect from 3rd April, 2008).", "7 Clause (c) was substituted by section 2 of the Members of the Bangladesh Public Service Commission (Terms and Conditions of Service) (Amendment) Act, 2009 (Act No. XLV of 2009) (with effect from 3rd April, 2008).", "8 Section 3A was substituted by section 3 of The Members of the Bangladesh Public Service Commission (Terms and Conditions of Service) (Amendment) Act, 2012 (Act No. XXXVIII of 2012).", "9 The words and figure “or a house allowance at the rate of 40 per cent of his salary per mensem in lieu of such accommodation” were substituted for the words and figure “or a house allowance of Taka 2,500 per mensem in lieu thereof” by section 3 of the Members of the Bangladesh Public Service Commission (Terms and Conditions of Service)(Amendment) Act, 1991 (Act No. XXX of 1991)", "10 The word and figure “50 per cent” were substituted for the word and figure “40 per cent” by section 3 of the Members of the Bangladesh Public Service Commission (Terms and Conditions of Service)(Amendment) Act, 2006 (Act No. XIV of 2006)", "11 Sub-section (2) was substituted by section 3 of the Members of the Bangladesh Public Service Commission (Terms and Conditions of Service)(Amendment) Ordinance, 1985 (Ordinance No. XLVII of 1985)", "12 The word and figure “50 per cent” were substituted for the word and figure “40 per cent” by section 3 of the Members of the Bangladesh Public Service Commission (Terms and Conditions of Service)(Amendment) Act, 2006 (Act No. XIV of 2006)", "13 Sub-section (3) was inserted by section 2 of the Members of the Bangladesh Public Service Commission (Terms and Conditions of Service)(Amendment) Act, 1989 (Act No. XII of 1989)", "14 The word and figure “Taka 1,950” were substituted for the word and figure “Taka 1,500” by section 2 of the Members of the Bangladesh Public Service Commission (Terms and Conditions of Service)(Amendment) Act, 2001 (Act No. XXII of 2001)", "15 Sections 5, 6, 6A and 6B were substituted for previous sections 5 and 6 by section 7 of the Members of the Public Service Commissions (Terms and Conditions of Service)(Amendment) Ordinance, 1978 (Ordinance No. XLVII of 1978)", "16 Section 6A was omitted by section 4 of The Members of the Bangladesh Public Service Commission (Terms and Conditions of Service) (Amendment) Act, 2012 (Act No. XXXVIII of 2012).", "17 Section 6AA was omitted by section 5 of The Members of the Bangladesh Public Service Commission (Terms and Conditions of Service) (Amendment) Act, 2012 (Act No. XXXVIII of 2012).", "18 Section 6B was omitted by section 6 of The Members of the Bangladesh Public Service Commission (Terms and Conditions of Service) (Amendment) Act, 2012 (Act No. XXXVIII of 2012).", "19 Section 8 was substituted by section 2 of the Members of the Public Service Commissions (Terms and Conditions of Service)(Amendment) Act, 1974 (Act No. LXV of 1974)" ], "name": "The Members of the Bangladesh Public Service Commission (Terms and Conditions of Service) Act, 1974", "num_of_sections": 15, "published_date": "12th February, 1974", "related_act": [ 464, 559 ], "repelled": false, "sections": [ { "act_id": 464, "details": "1. (1) This Act may be called the Members of the Bangladesh Public Service Commission (Terms and Conditions of Service) Act, 1974. (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": "464", "section_id": 1 }, { "act_id": 464, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“chairman” means the chairman of 2the commission; 3(b) \t“commission” means the Bangladesh Public Service Commission established under section 3 of the Bangladesh Public Service Commission Ordinance, 1977 (Ord. LVII of 1977); (c)\t“member” means a member of commission.", "name": "Definitions", "related_acts": "559", "section_id": 2 }, { "act_id": 464, "details": "43. 5(1) Subject to sub-section (2), there shall be paid per mensem - (a) to the Chairman such salary as is admissible to the cabinet secretary; and (b) to a Member such salary as is admissible to the secretary to the Government. (2) Where- (a) a person who is, or has been, in the service of the Republic or of a statutory body or nationalised enterprise is appointed as the Chairman or a Member, he shall be paid the salary specified in sub-section (1) or a salary which would have been admissible to him in the National Scale of Pay for the post last held by him had he continued in that post, whichever is higher; 6(b) a person is, at the time of his appointment as the Chairman or a Member, a retired servant of the Government or of a statutory body or nationalised enterprise, he shall be paid the salary specified in sub-section (1), and no pensionery benefit, if any, will be deducted from the salary which the Chairman or a Member is entitled to draw under sections 3 (1) and 3 (2); 7(c) a person appointed as the Chairman or a Member, retires from the service of the Republic or of a statutory body or nationalised enterprise during the term of his office as the Chairman or a Member, he shall with effect from the date of his retirement, be paid the salary specified in sub-section (1), and no pensionary benefit, if any, will be deducted from the salary which the Chairman or a Member is entitled to draw under sections 3(1) and 3(2).", "name": "Salary of Chairman and members", "related_acts": "", "section_id": 3 }, { "act_id": 464, "details": "83A. The allowances other than house allowanace and other benefits of the chairman shall be the same as are admissible to the cabinet secretary and a member shall be the same as are admissible to the secretary to the Government.", "name": "Allowances other than house allowanace and other benefits", "related_acts": "", "section_id": 4 }, { "act_id": 464, "details": "4. (1) The chairman shall be entitled to a rent-free Government accommodation 9or a house allowance at the rate of 1050 per cent of his salary per mensem in lieu of such accommodation. 11(2) A member shall be entitled to a rent-free Government accommodation or a house allowance at the rate of 1250 per cent of his salary per mensem in lieu of such accommodation. 13(3) The Chairman and the members shall each be entitled to the re-imbursement of the actual charges of electricity, waterand gas in the residence for an amount not exceeding 14Taka 1,950 per mensem.", "name": "Residence", "related_acts": "", "section_id": 5 }, { "act_id": 464, "details": "155. (1) The chairman shall be entitled to a Government transport for official purposes free of charge or a conveyance allowance of Taka 1,000 per mensem in lieu of such transport: Provided that if the Government transport is also used otherwise than for official purposes, the chairman shall make payment to the Government for such use at the rate at which a Government servant pays for such use of official transport. (2) A member shall be entitled to a Government transport for official purposes free of charge or a conveyance allowance of Taka 650 per mensem in lieu of such transport.", "name": "Transport", "related_acts": "", "section_id": 6 }, { "act_id": 464, "details": "6. The chairman and the members shall each be entitled to have one telephone installed at his residence at Government expense and no charges on account of rental of the telephone and the calls made therefrom, except personal trunk-calls, shall be payable by the chairman or member.", "name": "Telephone", "related_acts": "", "section_id": 7 }, { "act_id": 464, "details": "6A. 16***", "name": "", "related_acts": "", "section_id": 8 }, { "act_id": 464, "details": "6AA. \t17***", "name": "", "related_acts": "", "section_id": 9 }, { "act_id": 464, "details": "6B. \t18***", "name": "", "related_acts": "", "section_id": 10 }, { "act_id": 464, "details": "7. (1) A person who is, at the time of his appointment as chairman or member, in the service of the Republic or of a statutory body or nationalised enterprise shall, until he retires from that service, be entitled to such leave as would have been admissible to him had he not been so appointed, and, after his retirement from that service, be entitled to such leave as is admissible to a temporary Government servant. (2) A person who is not, at the time of his appointment as chairman or member, in the service of the Republic or of a statutory body or nationalised enterprise shall be entitled to such leave as is admissible to a temporary Government servant.", "name": "Leave of chairman and members", "related_acts": "", "section_id": 11 }, { "act_id": 464, "details": "198. A person who- (a)\tis not, at the time of his appointment as chairman or member, in the service of the Republic or of a statutory body or nationalised enterprise, or (b)\tat any time before his appointment as chairman or member retired from or ceased to be in any such service without any pension, gratuity or other retirement benefits being admissible to him, shall be entitled to a gratuity which shall be equal to one month's pay for every completed year of his service as chairman or member and payable after he ceases to hold office.", "name": "Gratuity", "related_acts": "", "section_id": 12 }, { "act_id": 464, "details": "9. (1) Where a person appointed as chairman or member is, at the time of his appointment, a subscriber to any contributory provident fund and continues to be such subscriber after his appointment, the Government shall contribute to such fund the amount which would have been required to be contributed by his employer had he not been so appointed. (2) Where a person is not, at the time of his appointment as chairman or member, in the service of the Republic or of a statutory body or nationalised enterprise, he shall be eligible to be a subscriber to a general provident fund on the same conditions as are applicable to a temporary Government servant.", "name": "Provident fund", "related_acts": "", "section_id": 13 }, { "act_id": 464, "details": "10. The chairman or member travelling on duty shall be entitled to such travelling allowances as are admissible to a class I Government servant.", "name": "Travelling allowance", "related_acts": "", "section_id": 14 }, { "act_id": 464, "details": "11. The chairman or member shall be entitled to such medical benefits as are admissible to a class I Government servant.", "name": "Medical facilities", "related_acts": "", "section_id": 15 } ], "text": "An Act to determine the terms and conditions of service of the members of the Bangladesh Public Service Commission. 1♣ WHEREAS it is expedient to determine the terms and conditions of service of the members of the Bangladesh Public Service Commission; It is hereby enacted as follows:-" }

{ "id": 465, "lower_text": [ "1 Clause (cc) was inserted by section 2 of the Comptroller and Auditor-General (Additional Functions) (Amendment) Act, 1975 (Act No. XIV of 1975)", "2 Section 3A was inserted by section 2 of the Comptroller and Auditor-General (Additional Functions) (Amendment) Ordinance, 1983 (Ordinance No. XXVIII of 1983)", "3 The words “and by other persons responsible for keeping public accounts” were inserted by section 3 of the Comptroller and Auditor-General (Additional Functions) (Amendment) Ordinance, 1983 (Ordinance No. XXVIII of 1983)", "4 The words “or in any memorandum or articles of association or in any deed” were inserted by section 3 of the Comptroller and Auditor-General (Additional Functions) (Amendment) Act, 1975 (Act No. XIV of 1975)", "5 The comma and the words “, public enterprise” were inserted by section 3 of the Comptroller and Auditor-General (Additional Functions) (Amendment) Act, 1975 (Act No. XIV of 1975)", "6 The comma and the words “, public enterprise” were inserted by section 3 of the Comptroller and Auditor-General (Additional Functions) (Amendment) Act, 1975 (Act No. XIV of 1975)", "7 The comma and the words “, public enterprises” were inserted by section 4 of the Comptroller and Auditor-General (Additional Functions) (Amendment) Act, 1975 (Act No. XIV of 1975)", "8 The comma and the words “, public enterprises” were inserted by section 5 of the Comptroller and Auditor-General (Additional Functions) (Amendment) Act, 1975 (Act No. XIV of 1975)" ], "name": "The Comptroller and Auditor-General (Additional Functions) Act, 1974", "num_of_sections": 13, "published_date": "13th February, 1974", "related_act": [ 465 ], "repelled": false, "sections": [ { "act_id": 465, "details": "1. (1) This Act may be called the Comptroller and Auditor-General (Additional Functions) Act, 1974. (2) It shall be deemed to have come into force on the 16th day of December, 1971.", "name": "Short title and commencement", "related_acts": "465", "section_id": 1 }, { "act_id": 465, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“accounts”, in relation to a commercial undertaking of the Government, includes subsidiary accounts; (b)\t“appropriation accounts” means accounts relating to expenditure brought into account during a financial year to the several items specified in the Appropriation Act; (c)\t“Auditor-General” means the Comptroller and Auditor-General of Bangladesh; 1(cc) \t“public enterprise” means a company or firm, whether incorporated or registered or not, in which the Government has at least fifty per cent share or interest; (d) “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.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 465, "details": "3. (1) Subject to the provisions of sub-section (2), the Auditor-General shall be responsible for the keeping of the accounts of the Government. (2) The Auditor-General shall not be responsible for the keeping of- (a)\tinitial accounts that may be required to be kept in the Treasuries; and (b)\tinitial and subsidiary accounts, accounts of stores and stock, manufacturing, trading and profit and loss accounts that may be required to be kept in any Ministry, Division or office of the Government.", "name": "Keeping of Government accounts", "related_acts": "", "section_id": 3 }, { "act_id": 465, "details": "23A. The Government may, subject to such conditions as may be specified therein, direct that all or any of the provisions of this Act shall not apply in respect of such Ministry, Division or Office of the Government as it may specify.", "name": "Exemption", "related_acts": "", "section_id": 4 }, { "act_id": 465, "details": "4. The Auditor-General shall, from the accounts kept by him 3and by other persons responsible for keeping public accounts, prepare annually appropriation accounts and finance accounts showing disbursements or, as the case may be, the annual receipts and disbursements for the purposes of the Government, distinguished under the respective heads thereof, and shall submit these accounts to the President on such dates as he may, with the concurrence of the President, determine.", "name": "Preparation of appropriation and finance accounts", "related_acts": "", "section_id": 5 }, { "act_id": 465, "details": "5. (1) Notwithstanding anything contained in any other law for the time being in force 4or in any memorandum or articles of association or in any deed, the Auditor-General may audit the accounts of any statutory public authority 5, public enterprise or local authority and shall submit his report on such audit to the President for laying it before Parliament. (2) For the purpose of any audit under sub-section (1) the Auditor-General or any person authorised by him in that behalf shall have access to all records, books, vouchers, documents, cash, stamps, securities, stores or other property of the statutory public authority 6, public enterprise or local authority concerned.", "name": "Audit of accounts of statutory public authorities, etc.", "related_acts": "", "section_id": 6 }, { "act_id": 465, "details": "6. The Auditor-General shall prepare annually, after audit, commercial accounts on the basis of manufacturing, trading and profit and loss accounts, balance sheets and any other accounts that are kept by the Ministries, Divisions and offices of the Government, statutory public authorities 7, public enterprises and local authorities.", "name": "Preparation of commercial accounts", "related_acts": "", "section_id": 7 }, { "act_id": 465, "details": "7. The Auditor-General shall prepare annually in such form as he may, with the concurrence of the President, determine, and submit to the President, a general financial statement incorporating a summary of the accounts of the Government, statutory public authorities 8, public enterprises and local authorities for the last preceding year and the particulars of their balances and outstanding liabilities and containing such other information as to their financial position as the President may direct to be included in the statement.", "name": "Preparation of general financial statement", "related_acts": "", "section_id": 8 }, { "act_id": 465, "details": "8. The Auditor-General may- (a)\tinspect any office of the Government which is responsible for the keeping of any account; and (b)\trequire that any book or other document relating to transactions to which his duty in respect of audit extend shall be sent to such place as he may appoint for inspection by him.", "name": "Inspection of certain offices, etc.", "related_acts": "", "section_id": 9 }, { "act_id": 465, "details": "9. The Auditor-General shall, so far as the accounts for the keeping of which he is responsible enable him so to do, give the Government such information and assistance in the preparation of its annual financial statement as it may ask for.", "name": "Information, etc. to be given by the Auditor-General to the Government", "related_acts": "", "section_id": 10 }, { "act_id": 465, "details": "10. The Government shall give the Auditor-General such information as he may require for the preparation of any account or report which it is his duty to prepare.", "name": "Information to be given by the Government to the Auditor-General", "related_acts": "", "section_id": 11 }, { "act_id": 465, "details": "11. The Auditor-General may make rules and give directions in respect of all matters pertaining to audit of any accounts he is required to audit.", "name": "Making of rules", "related_acts": "", "section_id": 12 }, { "act_id": 465, "details": "12. (1) The Audit and Accounts Order, 1952 (G.G.O. No. 9A of 1952), and the Comptroller and Auditor-General (Additional Functions) Ordinance, 1973 (Ord. XXX of 1973), hereinafter referred to as the said Ordinance, are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken, including any order made or direction given under the said Ordinance shall be deemed to have been done, taken, made or given, as the case may be, under the corresponding provision of this Act.", "name": "Repeal and savings", "related_acts": "", "section_id": 13 } ], "text": "An Act to prescribe certain additional functions of the Comptroller and Auditor-General. WHEREAS clause (3) of article 128 of the Constitution of the People’s Republic of Bangladesh provides that Parliament may by law require the Comptroller and Auditor-General to exercise such functions, in addition to those in clause (1) of that article, as such law may prescribe; It is hereby enacted as follows:-" }

{ "id": 466, "lower_text": [ "1 The words and comma “or has been,” were inserted by section 2 of the Press Council (Amendment) Ordinance, 1986 (Ordinance No. XLIX of 1986)" ], "name": "The Press Council Act, 1974", "num_of_sections": 24, "published_date": "14th February, 1974", "related_act": [ 466, 86 ], "repelled": false, "sections": [ { "act_id": 466, "details": "1. This Act may be called the Press Council Act, 1974.", "name": "Short title", "related_acts": "466", "section_id": 1 }, { "act_id": 466, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Chairman” means the Chairman of the Council; (b)\t“Council” means the Press Council established under section 3; (c)\t“editor” means the person who controls the selection of the matter that is published in a newspaper; (d)\t“member” means a member of the Council; (e)\t“newspaper” means any periodical work containing public news or comments on public news and includes such other class of printed periodical work as the Government may, by notification in the official Gazette, declare to be newspaper; (f)\t“prescribed” means prescribed by rules made under this Act; (g)\t“working journalist” means a person who is a whole-time journalist and is employed as such in, or in relation to, any newspaper establishment and includes an editor, a leader writer, news editor, sub-editor, feature writer, reporter, correspondent, copy tester, cartoonist, news photographer, caligraphist and proof-reader.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 466, "details": "3. (1) With effect from such date as the Government may, by notification in the official Gazette, appoint, there shall be established, in accordance with the provisions of this Act, a Council to be called the Press Council. (2) The Council shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.", "name": "Establishment of the Council", "related_acts": "", "section_id": 3 }, { "act_id": 466, "details": "4. (1) The Council shall consist of a Chairman and fourteen other members. (2) The Chairman shall be a person who is, 1or has been, or is qualified to be appointed as, a Judge of the Supreme Court of Bangladesh and shall be nominated by the President of Bangladesh. (3) Of the other members,- (a)\tthree shall be working journalists nominated by such association of working journalists as the Chairman may notify in this behalf; (b)\tthree shall be editors of newspapers and news agencies nominated by such association of editors of newspapers and news agencies as the Chairman may notify in this behalf; (c)\tthree shall be persons who own or manage newspapers and news agencies nominated by such association of owners or managers of newspapers and news agencies as the Chairman may notify in this behalf; (d) \tthree shall be persons having special knowledge or practical experience in respect of education, science, art, literature and law of whom respectively one shall be nominated by the University Grants Commission, one by the Bangla Academy and one by the Bangladesh Bar Council; and (e)\ttwo shall be members of Parliament nominated by the Speaker: Provided that before notifying any association under clause (a), clause (b) or clause (c), the Chairman shall consult such associations of persons of the category concerned and such individuals or interests concerned as he thinks fit: Provided further that no working journalist who is an editor of any newspaper or news agency or who owns or manages any newspaper or news agency shall be eligible for nomination under clause (a): Provided further that no editor who owns or manages any newspaper or news agency shall be eligible for nomination under clause (b): Provided further that not more than one person having interest in any newspaper or news agency or group of newspapers or news agencies shall be eligible for nomination under clause (a), clause (b) or clause (c). (4) Where any nominating body referred to in clause (a), clause (b), clause (c) or clause (d) fails to send the names of its nominees to the Chairman when invited by him to do so or where a nominating body does not exist for the time being, the Chairman may nominate members to represent the category concerned. (5) The names of persons nominated under this section shall be forwarded to the Government and shall be notified by the Government in the official Gazette and every such nomination shall take effect from the date on which it is so notified.", "name": "Composition of the Council", "related_acts": "", "section_id": 4 }, { "act_id": 466, "details": "5. (1) Save as otherwise provided in this section, the Chairman shall hold office for a period of three years and shall be eligible for re-nomination for one further term. (2) Save as otherwise provided in this section, a member shall hold office for a period of two years and shall be eligible for re-nomination for one further term. (3) Where a person nominated as a member under clause (a), clause (b) or clause (c) of sub-section (3) of section 4 is censured under the provisions of sub-section (1) of section 12, he shall cease to be member of the Council. (4) Where a person is nominated to be a member of the Council by virtue of his holding an office or appointment, he shall cease to be such member as soon he ceases to hold that office or appointment. (5) A member shall be deemed to have vacated his seat if he absents himself without excuse, sufficient in the opinion of the Chairman, from three consecutive meetings of the Council. (6) The Chairman may resign his office by giving notice in writing to the Government and any other member may resign his office by giving notice in writing to the Chairman, and upon such resignation being accepted by the Government or the Chairman, as the case may be, he shall be deemed to have vacated his office. (7) Any vacancy arising under sub-section (2), sub-section (3), sub-section (4) or sub-section (5) or otherwise shall be filled, as soon as may be, by nomination made by the same authority by which and in the same manner in which the member vacating office was nominated and the member so nominated shall hold office for the remaining period for which the member in whose place he is nominated would have held office.", "name": "Term of office of Chairman and members", "related_acts": "", "section_id": 5 }, { "act_id": 466, "details": "6. (1) The Chairman shall be a whole-time officer and shall be paid such salary as the Government may determine. (2) A member shall receive such allowances or fees for attending the meetings of the Council as may be prescribed.", "name": "Conditions of service of Chairman and members", "related_acts": "", "section_id": 6 }, { "act_id": 466, "details": "7. The Council may constitute from amongst its members such committees as it may deem necessary to assist it in the discharge of its functions: Provided that the Council may co-opt as members of such committees persons who are not members of the Council.", "name": "Committees", "related_acts": "", "section_id": 7 }, { "act_id": 466, "details": "8. (1) The Council shall meet at such times and places as may be provided by regulations made under this Act: Provided that, until such regulations are made, the Chairman may summon a meeting of the Council at such time and place as he may deem expedient by notice addressed to each member. (2) To constitute a quorum at a meeting of the Council, not less than six members, including the Chairman, shall be present. (3) The meetings of the Council shall be presided over by the Chairman, and, in the absence of the Chairman, by a member nominated by the Chairman. (4) All questions at a meeting of the Council shall be decided by a majority of the members present and voting, and, in the case of equality of votes, the person presiding shall have a second or casting vote.", "name": "Meetings of the Council", "related_acts": "", "section_id": 8 }, { "act_id": 466, "details": "9. No act or proceeding of the Council shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the Council.", "name": "Vacancies, etc. not to invalidate acts or proceedings of the Council", "related_acts": "", "section_id": 9 }, { "act_id": 466, "details": "10. The Council may appoint a Secretary and such other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be determined by regulations made under this Act.", "name": "Appointment of Secretary, etc.", "related_acts": "", "section_id": 10 }, { "act_id": 466, "details": "11. (1) The object of the Council shall be to preserve the freedom of the Press and to maintain and improve the standard of newspapers and news agencies in Bangladesh. (2) The Council may, in furtherance of its object, perform the following functions, namely:- (a)\tto help newspapers and news agencies to maintain their freedom; (b)\tto build up a code of conduct for newspapers and news agencies and journalists in accordance with high professional standard;  (c) \tto ensure on the part of newspapers and news agencies and journalists the maintenance of a high standard of public taste and to foster a due sense of both the rights and responsibilities of citizenship; (d) \tto encourage the growth of a sense of responsibility and public service among all those engaged in the profession of journalism; (e) \tto keep under review any development likely to restrict the supply and dissemination of information of public interest and importance; (f) \tto keep under review cases of assistance received by any newspaper or news agency in Bangladesh from any foreign source including such cases as are referred to it by the Government or are brought to its notice by any individual, association of persons or any other organisation : Provided that nothing in this clause shall preclude the Government from dealing with, in any manner it deems fit, any case of assistance received by a newspaper or news agency in Bangladesh from any foreign source; (g)\t\tto undertake studies and research of national and foreign newspapers, their circulation and impact; (h)\tto provide facilities for proper education and training of persons in the profession of journalism; (i)\tto promote technical or other research; (j)\tto promote a proper functional relationship among all classes of persons engaged in the production or publication of newspapers or in the running of news agencies: Provided that nothing in this clause shall be deemed to confer on the Council any function in regard to disputes to which the Industrial Relations Ordinance, 1969 (XXIII of 1969), applies; (k)\tto do such other acts as may be incidental or conducive to the discharge of the above functions.", "name": "Object and functions of the Council", "related_acts": "", "section_id": 11 }, { "act_id": 466, "details": "12. (1) Where, on receipt of a complaint made to it or otherwise, the Council has reason to believe that a newspaper or news agency has offended against the standard of journalistic ethics or public taste or that an editor or a working journalist has committed any professional misconduct or a breach of the code of journalistic ethics, the Council may, after giving the newspaper or news agency, the editor or journalist concerned an opportunity of being heard, hold an inquiry in such manner as may be provided by regulations made under this Act, and if it is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, warn, admonish or censure the newspaper, the news agency, the editor or the journalist, as the case may be. (2) If the Council is of the opinion that it is necessary or expedient in the public interest so to do, it may require any newspaper to publish therein, in such manner as the Council thinks fit, any report relating to any inquiry under this section against a newspaper or news agency, an editor or a journalist working therein, including the name of such newspaper, news agency, editor or journalist. (3) Nothing in sub-section (1) shall be deemed to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law. (4) The decision of the Council under sub-section (1) or sub-section (2), as the case may be, shall be final and shall not be questioned in any court of law.", "name": "Power to warn, admonish and censure", "related_acts": "", "section_id": 12 }, { "act_id": 466, "details": "13. (1) For the purpose of performing its functions or holding any inquiry under this Act, the Council shall have the same powers throughout Bangladesh as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters, namely:- (a) \tsummoning and enforcing the attendance of persons and examining them on oath; (b)\trequiring the discovery and production of documents; (c)\treceiving evidence on affidavit; (d) \trequisitioning any public record or copies thereof from any court or office;  (e)\tissuing commissions for the examination of witnesses or documents; (f)\tany other matter which may be prescribed. (2) Nothing in sub-section (1) shall be deemed to compel any newspaper, news agency, editor or journalist to disclose the source of any news or information published by that newspaper or received or reported by that news agency, editor or journalist. (3) Every inquiry held by the Council shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Penal Code (XLV of 1860).", "name": "General powers of the Council", "related_acts": "86", "section_id": 13 }, { "act_id": 466, "details": "14. The Government may pay to the Council in each financial year such sums as may be considered necessary for the performance of the functions of the Council under this Act.", "name": "Payments to the Council", "related_acts": "", "section_id": 14 }, { "act_id": 466, "details": "15. (1) The Council shall have its own fund, and all such sums as may, from time to time, be paid to it by the Government and all grants and advances made to it by any other authority or person shall be credited to the fund and all payments by the Council shall be made therefrom: Provided that no grant or advance from any foreign source shall be accepted by the Council without the prior approval of the Government. (2) All moneys belonging to the fund shall be deposited in such banks or invested in such manner as may, subject to the approval of the Government, be decided by the Council. (3) The Council may spend such sums as it thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the fund of the Council.", "name": "Fund of the Council", "related_acts": "", "section_id": 15 }, { "act_id": 466, "details": "16. The Council shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure and sums which are likely to be required from the Government during that financial year, and forward copies thereof to the Government for consideration and sanction of the sums shown in the budget to be required from the Government.", "name": "Budget of the Council", "related_acts": "", "section_id": 16 }, { "act_id": 466, "details": "17. The Council shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a summary of its activities during the previous year and copies thereof shall be forwarded to the Government and the Government shall cause the same to be laid before Parliament.", "name": "Annual report", "related_acts": "", "section_id": 17 }, { "act_id": 466, "details": "18. The accounts of the Council shall be maintained in such manner as may be prescribed and shall be audited by the Comptroller and Auditor-General of Bangladesh.", "name": "Accounts and audit", "related_acts": "", "section_id": 18 }, { "act_id": 466, "details": "19. All orders and decisions of the Council shall be authenticated by the signature of the Chairman or any other member authorised by the Chairman in this behalf and other instruments issued by the Council shall be authenticated by the signature of the Secretary or any other officer of the Council authorised by the Secretary in this behalf.", "name": "Authentication of orders, etc. of the Council", "related_acts": "", "section_id": 19 }, { "act_id": 466, "details": "20. (1) No suit or other legal proceeding shall lie against the Council or any member thereof or any person acting under the direction of the Council in respect of anything which is in good faith done or intended to be done under this Act. (2) No suit or other legal proceeding shall lie against any newspaper in respect of the publication of any matter therein under the authority of the Council.", "name": "Protection of certain actions", "related_acts": "", "section_id": 20 }, { "act_id": 466, "details": "21. The Chairman, members, officers and other employees of the Council shall be deemed to be public servants within the meaning of section 21 of the Penal Code (XLV of 1860).", "name": "Public servants", "related_acts": "", "section_id": 21 }, { "act_id": 466, "details": "22. No provisions of law relating to the winding up of bodies corporate shall apply to the Council and the Council shall not be wound up except by orders of the Government and in such manner as the Government may direct.", "name": "Winding up", "related_acts": "", "section_id": 22 }, { "act_id": 466, "details": "23. 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": 23 }, { "act_id": 466, "details": "24. The Council may make regulations, not inconsistent with this Act and the rules made thereunder, to provide for all matters not provided for by rules and for which provisions are necessary or expedient for carrying out the purposes of this Act.", "name": "Power to make regulations", "related_acts": "", "section_id": 24 } ], "text": "An Act to establish a Press Council. WHEREAS it is expedient to establish a Press Council for the purpose of preserving the freedom of the Press and maintaining and improving the standard of newspapers and news agencies in Bangladesh; It is hereby enacted as follows:-" }

{ "id": 467, "lower_text": [ "1 Section 2 was substituted by section 2 of Territorial Waters and Maritime Zones (Amendment) Act, 2021 (Act No. XXIX of 2021).", "2 Section 2A, 2B, 2C, 2D and 2E were inserted by section 3 of Territorial Waters and Maritime Zones (Amendment) Act, 2021 (Act No. XXIX of 2021).", "3 Section 3 was substituted by section 4 of Territorial Waters and Maritime Zones (Amendment) Act, 2021 (Act No. XXIX of 2021).", "4 Section 3A, 3B and 3C were inserted by section 5 of Territorial Waters and Maritime Zones (Amendment) Act, 2021 (Act No. XXIX of 2021).", "5 Section 4 was substituted by section 6 of Territorial Waters and Maritime Zones (Amendment) Act, 2021 (Act No. XXIX of 2021).", "6 Section 5 was substituted by section 7 of Territorial Waters and Maritime Zones (Amendment) Act, 2021 (Act No. XXIX of 2021).", "7 Section 5A was inserted by section 8 of Territorial Waters and Maritime Zones (Amendment) Act, 2021 (Act No. XXIX of 2021).", "8 Section 6 was omitted by section 9 of Territorial Waters and Maritime Zones (Amendment) Act, 2021 (Act No. XXIX of 2021).", "9 Section 7 was substituted by section 10 of Territorial Waters and Maritime Zones (Amendment) Act, 2021 (Act No. XXIX of 2021).", "10 Section 7A, 7B, 7C, 7D, 7E, 7F, 7G and 7H were inserted by section 11 of Territorial Waters and Maritime Zones (Amendment) Act, 2021 (Act No. XXIX of 2021).", "11 Section 8 was substituted by section 12 of Territorial Waters and Maritime Zones (Amendment) Act, 2021 (Act No. XXIX of 2021).", "12 Section 9 was substituted by section 13 of Territorial Waters and Maritime Zones (Amendment) Act, 2021 (Act No. XXIX of 2021).", "13 Section 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36 were added by section 14 of Territorial Waters and Maritime Zones (Amendment) Act, 2021 (Act No. XXIX of 2021)." ], "name": "The Territorial Waters and Maritime Zones Act, 1974", "num_of_sections": 53, "published_date": "14th February, 1974", "related_act": [ 11, 75, 467, 1394 ], "repelled": false, "sections": [ { "act_id": 467, "details": "1. This Act may be called the Territorial Waters and Maritime Zones Act, 1974.", "name": "Short title", "related_acts": "467", "section_id": 1 }, { "act_id": 467, "details": "12. In this Act, unless there is anything repugnant to the subject or context,-(1) “Artificial Island” means man-made extension of the seabed whether or not such extension breaks the surface of the superjacent waters during high tide;(2) “Continental Margin” means the submerged prolongation of the land mass of Bangladesh and comprises the seabed and subsoil of the shelf, the slope and the rise but shall not include the deep ocean floor with its oceanic ridges or the subsoil thereof;(3) “Convention” means the United Nations Convention on the Law of the Sea (UNCLOS), 1982;(4) “CrPC” means the Code of Criminal Procedure, 1898 (Act No. V of 1898);(5) “Dumping of wastes” means, in the case of the sea, activities of discharging wastes, by dumping or throwing of wastes and other matters, conducted by or from vessels, aircraft, ships and offshore platforms or other man-made structures, causing marine pollution, which creates hazards to human health, harms living resources and marine biodiversity, damages amenities or interferes with other legitimate uses of the sea;(6) “Geodesic” means a curve that defines the shortest distance between two points on a given surface;(7) “Historic Waters” means the Internal Waters landward of the baseline that has been historically recognized as forming an integral part of Bangladesh;(8) “Installations” includes permanently moored vessel, communication cable, oil pipeline, military surveillance installation, pipeline which is used for the transfer of any substance to or from a vessel, research, exploration or production platform around the coast of Bangladesh, exploration or production platform including oil rig used in the prospecting for or mining of any substance, exploration or production vessel used in the prospecting for or mining of any substance, telecommunication apparatus as defined in section 2 (12) of the Bangladesh Telecommunication Regulation Act, 2001 (Act No. 18 of 2001), a vessel or equipment used for the exploration or exploitation of the seabed, any other structure whether permanent or temporary within the maritime zones, which is being or intended to be used for or in connection with the exploration and exploitation and conservation and management of the natural resources;(9) “Internal Waters” means the area of the sea that is on the landward side of the Territorial Sea Baseline from where the breadth of the Territorial Sea is measured; up to the mouths of all rivers, Historic Waters, outer limits of the ports, and harbours;(10) “Marine Pollution” means the introduction by man, directly or indirectly, of substances or energy into the marine environment including estuaries, which results or is likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health, hindrance to marine activities including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities;(11) “Maritime Tribunal” means the Tribunal established under section 27;(12) “Maritime Zones” means the Internal Waters, the Territorial Sea, the Contiguous Zone, the Exclusive Economic Zone and the Continental Shelf or any other Maritime Zones of Bangladesh, from time to time, by notification in the official Gazette;(13)  “Master” includes every person lawfully having, for the time being, command or charge of a vessel except warship;(14) “Nautical Miles (NM)” means a unit used in measuring distances at sea, equal to 1852 meters;(15) “Seabed” means the top of the surface layer of the sand, rock, mud or other material lying at the bottom of the sea and immediately above the subsoil;(16) “Serious Injury or Damage” means serious bodily injury or extensive destruction of a place of public use, State or government facility, infrastructure facility, or public transportation system, resulting in major economic loss; or substantial damage to the environment, including air, soil, water, fauna, or flora;(17) “Straight Line” means a geodesic joining of two points on the earth’s surface;(18) “Superjacent Waters” means the waters overlying the seabed or deep ocean floor of the Continental Shelf;(19) “Transportation” includes pipeline and gas line;(20) “Warship” means a ship belonging to the armed forces of a State bearing the external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by the government of the State and whose name appears in the appropriate service list or its equivalent, and manned by a crew which is under regular armed forces discipline;(21) “Waste” includes any matter prescribed to be waste and any matter, whether liquid, solid, gaseous or radioactive, which is discharged, emitted or deposited in the environment in such volume, composition or manner as to cause an adverse effect; and(22) “Water column” is a vertical continuum of water from sea surface to seabed.", "name": "Definitions", "related_acts": "75", "section_id": 2 }, { "act_id": 467, "details": "22A.  Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall prevail.", "name": "Act to override other laws", "related_acts": "", "section_id": 3 }, { "act_id": 467, "details": "2B. (1) This Act shall apply to an offence committed by any person against any Bangladeshi national in any Bangladeshi vessel outside of the Maritime Zones.(2) If any offence is committed by any person or vessel from outside to inside or inside to outside of the Maritime Zones beyond the limits of Bangladesh, shall be brought into trial under this Act as if it had been committed within Bangladesh.", "name": "Extraterritorial application of the Act", "related_acts": "", "section_id": 4 }, { "act_id": 467, "details": "2C. The Government may, by notification in the official Gazette, determine the base points of Territorial Sea Baseline (TSB).", "name": "Territorial Sea Baseline (TSB)", "related_acts": "", "section_id": 5 }, { "act_id": 467, "details": "2D.  (1) The sovereignty of Bangladesh extends beyond its land territory to the water column, the seabed and its subsoil, and the air space over the Internal Waters.(2) The Government may suspend the movement of any vessel and warship in the Internal Waters.", "name": "Sovereignty over Internal Waters, etc", "related_acts": "", "section_id": 6 }, { "act_id": 467, "details": "2E. The Government may, by notification in the official Gazette, specify the limits of waters adjacent to its land territory as the Historic Waters.", "name": "Historic Waters", "related_acts": "", "section_id": 7 }, { "act_id": 467, "details": "33.  (1) The Territorial Sea comprises areas of the sea covering the water column, seabed, subsoil and the airspace over the Territorial Sea, not exceeding 12 NM from the nearest base points of the Territorial Sea Baseline (TSB) and measured seaward from the TSB.Explanation.- For the purpose of delimiting the Territorial Sea, the outermost permanent harbour works which form an integral part of the existing harbour system of Bangladesh, like- Chattogram and Mongla Port, Matarbari Port, Payra Port and such other ports as may, from time to time, established and their assigned outer anchorages and Saint Martin’s anchorage etc. all be treated as forming part of the coast.(2) The sovereignty of Bangladesh extends beyond its land territory to the water column, the seabed and its subsoil, and the air space over the Territorial Sea.(3) The Government may make rules with regard to entry of foreign vessels into the Internal Waters and Territorial Sea and to designate the sea lanes and prescribe traffic separation schemes and laying of submarine cables and pipelines.", "name": "Territorial Sea", "related_acts": "", "section_id": 8 }, { "act_id": 467, "details": "43A. (1) A foreign warship including a submarine and any other underwater warship may enter or pass through the Territorial Sea after giving prior notice to the Government.(2) A submarine or any other underwater vehicle, like Remotely Operated Underwater Vehicle, Autonomous Underwater Vehicle and Unmanned Underwater Vehicle, etc., whether or not a warship, exercising the rights of Innocent Passage through the Territorial Sea shall navigate on the surface and show its flag while passing through the Territorial Sea.(3) No aircraft shall enjoy the rights of Innocent Passage without the prior express consent of the Government.(4) The Government may make rules and regulations relating to Innocent Passage through in the Territorial Sea in relation to safety of navigation, preservation of the environment and prevention of infringement of customs, fiscal, immigration and sanitary laws among others.Explanation.- For the purpose of this section,-(a) “Innocent Passage” means continuous and expeditious navigation through the Territorial Sea for the purpose of traversing that sea without entering the Internal Waters or proceeding to or from Internal Waters to call at roadstead or port facilities of Bangladesh so far as it is not prejudicial to the peace, good order, security and the laws of Bangladesh;(b) “Remotely Operated Underwater Vehicle (ROV)” means non-autonomous remotely operated sub-aquatic vehicle, which is controlled and powered from the surface by an operator or pilot via an umbilical or using a remote control;(c)  “Autonomous Underwater Vehicle (AUV)” means a robot that travels underwater without requiring input from an operator; and(d) “Unmanned Underwater Vehicle (UUV)” means any underwater vehicles that are able to operate without a human occupant and includes ROV and AUV.", "name": "Rights of Innocent Passage in the Territorial Sea", "related_acts": "", "section_id": 9 }, { "act_id": 467, "details": "3B.  (1) Bangladesh shall have criminal jurisdiction on board a foreign ship passing through the Territorial Sea to arrest any person or to conduct any investigation and prosecute any person in connection with any crime committed on board the ship during its passage in the following cases, namely:-(a) if the consequences of the crime extend to Bangladesh;(b) if the crime is of a kind which disturbs the peace of Bangladesh, is contrary to laws of Bangladesh or the good order of its Territorial Sea;(c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or(d) if such measures are necessary for the suppression of human trafficking, arms trafficking and illicit trafficking in narcotic drugs or psychotropic substances.(2) Nothing contained in sub-section (1) shall prejudice the rights of Bangladesh to take any steps authorized by its laws for the purpose of arrest or investigation on board a foreign ship within the Internal Waters or passing through the Territorial Sea after leaving Internal Waters.(3) The Government may make rules for the passage of vessels carrying nuclear and radioactive substances and hazardous waste passing through all or any part of the Internal Waters and Territorial Sea.", "name": "Criminal jurisdiction over a foreign ship in the Territorial Sea, etc", "related_acts": "", "section_id": 10 }, { "act_id": 467, "details": "3C.  (1) The Government shall not stop or divert a foreign ship passing through the Territorial Sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship.(2) The Government may not levy execution against or arrest the ship for the purpose of any civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through the Territorial Sea.(3) Nothing in sub-section (1) shall prejudice the right of Bangladesh, in accordance with its laws, to levy execution against or to arrest, for the purpose of any civil proceedings, a foreign ship lying within the Internal Waters or in the Territorial Sea, or passing through the Territorial Sea after leaving Internal Waters.", "name": "Civil jurisdiction over a foreign ship in the Territorial Sea, etc", "related_acts": "", "section_id": 11 }, { "act_id": 467, "details": "54.  (1) The Contiguous Zone is an area seaward of the Territorial Sea not exceeding 24 NM from the Territorial Sea Baseline:Provided that the Government may, from time to time, by notification in the official Gazette, alter the limit of the Contiguous Zone.(2) The Government may prevent or punish the contravention of, and attempt to contravene, any law in force in Bangladesh relating to-(a) the security of Bangladesh;(b) immigration and sanitary; and(c) customs and other fiscal matters.(3) The Government may make rules to exercise such powers and take such measures in or in respect of the Contiguous Zone as it may consider necessary to restrict the entrance of vessels into the Contiguous Zone and to take actions if any vessel has committed or likely to commit an offence mentioned in sub-section (2).", "name": "Contiguous Zone", "related_acts": "", "section_id": 12 }, { "act_id": 467, "details": "65. (1) The Exclusive Economic Zone (EEZ) comprises area of sea extending to a line every point of which is at a distance of 200 NM from the nearest base point of the Territorial Sea Baseline:Provided that the Government may, by notification in the official Gazette, alter the limit of the EEZ.(2) In the EEZ, Bangladesh shall have,-(a) sovereign rights for the purpose of exploration, exploitation, conservation and management of the natural resources, both living and non-living as well as for producing energy from tides, currents and winds including navigation of vessels and conducting economic activities;(b) exclusive rights and jurisdiction for construction, maintenance or operation of artificial island, off-shore terminal, installations and other structures and devices necessary for any other purposes;(c) exclusive jurisdiction to authorize, regulate and control of marine scientific research, to preserve and protect the marine environment and to prevent and control of marine pollution;(d) exclusive jurisdiction to enforce customs, fiscal, sanitary and immigration laws over artificial islands, installations and structures; and(e) such other rights as recognized by international law.(3) Other States shall enjoy internationally lawful uses of the sea related to those except military exercise in the EEZ.(4) For the purpose of this section, the Government may make rules-(a) to prevent, mitigate and control of pollution in the EEZ;(b) to determine the allowable catch of fish;(c) to determine the usage, exploration, exploitation, preservation and management of living and non-living resources;(d) to board vessels;(e) to declare the Designated Areas and Safety Zones in the EEZ; areas of environmental protection such as ship to ship transfers of oil and other commodities, laying of submarine cables and pipelines by other States; and(f)  to determine the military and other activities in the EEZ.", "name": "Exclusive Economic Zone (EEZ)", "related_acts": "", "section_id": 13 }, { "act_id": 467, "details": "75A. (1) No person, including a foreign government or an international organization, may explore or exploit any natural resources whether living or non-living orcarry out any search or excavation, or conduct any research in the EEZ:Provided that anyone may, in accordance with the terms of a license or letter of authority granted by the Government,drill or construct, maintain or operate any artificial island, off-shore terminal, installation or other structure or device for any purpose in the EEZ.(2) Nothing contained in sub-section (1) shall prejudice the right of fishing in the EEZ by a citizen of Bangladesh in accordance with the laws for the time being in force.", "name": "Prohibition on the exploration or exploitation in the Exclusive Economic Zone (EEZ), etc", "related_acts": "", "section_id": 14 }, { "act_id": 467, "details": "8***", "name": "", "related_acts": "", "section_id": 15 }, { "act_id": 467, "details": "97.  (1) The Continental Shelf of Bangladesh comprises the seabed and subsoil of the submarine areas that extends beyond the limit of Territorial Sea throughout the natural prolongation of its land territory to the outer edge of the Continental Margin.(2) If the outer edge of the Continental Margin extends beyond 200NM from the Territorial Sea Baseline, the Government may, by rules, establish the outer limits of the Continental Shelf based on the principles and methods of delineation of the Continental Shelf beyond that point in accordance with the provisions of the Convention.(3) The Government may make rules relating to declaration of Designated Areas and Safety Zones and laying of submarine cables and pipelines by other States in the Continental Shelf.", "name": "Continental Shelf", "related_acts": "", "section_id": 16 }, { "act_id": 467, "details": "107A. Bangladesh shall have the following sovereign rights and jurisdiction in the Continental Shelf, namely:-(a) exploration and exploitation of its natural resources;(b) authorization and regulation of the construction, operation, maintenance and use of artificial islands, off-shore terminals, installations and other structures and devices including Designated Areas and Safety Zones, necessary for the exploration and exploitation of the resources of the Continental Shelf or for the convenience of shipping or for any other economic purposes;(c) authorization and regulation of drilling for any purposes;(d) authorization, regulation and control of marine scientific research;(e) preservation and protection of marine environment;(f) prevention and control of marine pollution; and(g) enforcement of customs, fiscal, sanitary and immigration laws with regard to construction of artificial islands, installations and structures.Explanation.- For the purpose of clause (a), “natural resources” mean mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or subsoil.", "name": "Rights and jurisdiction in the Continental Shelf", "related_acts": "", "section_id": 17 }, { "act_id": 467, "details": "7B. No person including a foreign government or an international organization, may explore or exploit any natural resources whether living or non-living or carry out any search or excavation, or conduct any research in the Continental Shelf:Provided that anyone, in accordance with the terms of a licence or letter of authority granted by the Government can drill or construct, maintain or operate any artificial island, off shore terminal, installation or other structure or device for any purpose in the Continental Shelf.", "name": "Prohibition on the exploration or exploitation in the Continental Shelf", "related_acts": "", "section_id": 18 }, { "act_id": 467, "details": "7C. (1) Bangladesh shall, subject to the other provisions of this Act and to the international laws, enjoy the following rights on the High Seas in water columns beyond 200 NM of the Exclusive Economic Zone, namely:-(a) freedom of navigation;(b) freedom of overflight;(c) freedom to lay submarine cables and pipelines;(d) freedom to construct artificial islands and other installations permitted under international laws;(e) freedom of fishing; and(f) freedom of marine scientific research.(2) Bangladesh shall have the right to sail ships flying its flag on the High Seas.(3) The Government shall, by notification in the official Gazette, determine the conditions for the grant of its nationality to ships, for the registration of ships in its territory and the rights to fly the flag.(4) Ships shall fly their State’s flags on the condition that they have to have genuine link with that State.(5) Unless otherwise provided in the international treaties or Convention, ships flying Bangladeshi flag shall be subject to the exclusive jurisdiction of Bangladesh on the High Seas.(6) Nothing in this section shall prejudice the rights of navigation of the ships employed on the official service of the United Nations or its specialized organizations or International Atomic Energy Agency (IAEA) or ships flying flags of such organizations.(7) The Government shall maintain a register for name and other details of its ships and effectively exercise its jurisdiction and control in administrative, technical and social matters over each ship and its master as flag State.(8) Warships and military aircrafts of Bangladesh shall enjoy complete immunity in the High Seas from the jurisdiction of any other foreign State.(9) If any vessel collides with another vessel on the High Seas or suffers accident or punitive and disciplinary measures need to be taken against the master or any other person on board the ship for such incidents, no other authority except the juridical or administrative authority of the flag state or the states of such nationals shall take any punitive or disciplinary measures.(10) Any Bangladeshi vessel, without jeopardizing lives of its passengers, sailors or endangering the vessel itself, may take steps to assist, rescue and arrange other due measures for the shipwrecked sailors, sinking ships or any other person who is in precarious condition in the High Seas.(11) The Government may, either on bilateral or on multilateral agreements, adopt and enforce laws and take other necessary measures, in accordance with national and international laws to formulate cooperative mechanism for preservation and protection of fish and marine mammal stocks in the High Seas and in the EEZ, and may make rules in this regard.", "name": "Provisions as to the High Seas", "related_acts": "", "section_id": 19 }, { "act_id": 467, "details": "7D. (1) The Area in the Bay of Bengal shall be determined in accordance with the consideration and recommendations by the United Nations Commission on the Limits of the Continental Shelf (CLCS), and the Government may, by notification in the official Gazette, specify its limit.(2) The Area and its resources shall be considered as the common heritage of mankind.(3) The substances or goods found in the Area of archaeological and historical nature shall be preserved or distributed for the welfare of mankind:Provided that if Bangladesh is the cultural, historical, and archaeological origin of such substances or goods, priority of Bangladesh shall be considered.(4) The Government may make rules with regard to activities in the Area, exploration and methods of exploitation and participation of Bangladesh in the International Seabed Authority (ISA).Explanation.- For the purpose of this section,-(a)  “Area” means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction.(b)  “Resources of the Area” means all solid, liquid or gaseous mineral resources in situ in the Area at or beneath the seabed, including but not limited to-(i) polymetallic nodules; defined as may deposit or accretion of nodule on or below the surface of the deep sea level which contains metals such as manganese, nickel, cobalt and copper;(ii) polymetallic sulphides, defined as hydrothermally formed deposits of sulphides and accompanying mineral resources in the sea which contains concentration of metals such as copper, lead, zinc, gold, silver etc.;(iii) cobalt crusts, defined as cobalt rich ferromanganese hydroxide or oxide deposits or from direct precipitation of minerals from sea water onto substrates and containing concentrations of metal such as cobalt, lithium nickel, platinum, molybdenum, deuterium, cerium and other metallic and rare earth elements; and resources, when recovered from the Area; and (iv) any other mineral resources including gas-hydrates.", "name": "Area and its resources", "related_acts": "", "section_id": 20 }, { "act_id": 467, "details": "7E.  (1) The Government may, in order to keep the ocean healthy, productive, safe, secure and resilient, take decisions and materialize these for sustainable use of resources and capacity building, developing human capital with ocean related experience, expertise, knowledge and skills, strategic directions to the stakeholders and conforming to the traditional procedural management and the process involved.(2) The Government shall take necessary measures to, subject to the international laws, check the details of mariners and staffs on board the ships coming from different States in its port areas.(3) Any foreign ship, having sanctioned and embargoed by the United Nations Security Council (UNSC), shall not enter into any port or the Maritime Zones or anchor in any port area of Bangladesh.(4) The shipwrecked sailors drifting across the maritime coastline of Bangladesh or rescued by any ship of Bangladesh shall be provided with the due facilities by the Government, and the country of its domicile shall be informed of it and measures shall be taken for safe repatriation.(5) The Government may make rules relating to management and preservation of Maritime Zones including biodiversity of areas beyond national jurisdiction, Marine Genetic Resources, Marine Protected Areas and Particularly Sensitive Sea Areas.", "name": "Ocean Governance", "related_acts": "", "section_id": 21 }, { "act_id": 467, "details": "7F. (1) For the purpose of this Act, the Government may make policies, work-plan and implement economic activities that directly or indirectly take place in Maritime Zones, exploration and exploitation of ocean resources in a sustainable manner and use of oceanic products.(2) The Government may, with a view to increasing the economic benefits from the blue economy, take appropriate measures for sustainable use of marine resources or minerals, including through sustainable management of fisheries, mariculture, marine tourism, marine biotechnologies, marine transportation, development of ports and harbours, ship building and recycling, renewable energy, etc.", "name": "Blue Economy", "related_acts": "", "section_id": 22 }, { "act_id": 467, "details": "7G.  For the purpose of maritime cooperation with other countries, the Government may-(a) allow movement of persons, goods, commodities and vehicles using ports in Bangladesh or transit under the agreements with other States including landlocked countries;(b) take necessary measures to formulate cooperative mechanism for promotion of safety of navigation, weather, cyclone and Tsunami etc. forecasting, protection of the marine environment;(c) take necessary measures to formulate cooperative mechanism with other countries with regard to customs, fiscal, immigration or sanitary control, development of marine bio-technology and others including removal of cultural or historical objects, like the remnants of shipwrecks etc. in the Maritime Zones.", "name": "Maritime cooperation", "related_acts": "", "section_id": 23 }, { "act_id": 467, "details": "7H. (1) The Government shall have, subject to international laws and in particular the Convention, right to regulate, authorize and conduct marine scientific research, hydrographic survey and military survey in Territorial Sea, EEZ and Continental Shelf.(2) Marine scientific research, hydrographic survey and military survey shall not be conducted in any Maritime Zones of Bangladesh without the express consent of the Government.(3) The Government may make rules for the purpose of the marine scientific research, hydrographic survey and military survey.Explanation.- For the purpose of this section,-(a) “Marine scientific research” includes activities in the EEZ and Continental Shelf related to hydrography or oil survey, ocean state estimation, weather, cyclone and Tsunami etc. forecasting, exploration and exploitation of natural resources and underwater cultural heritage, physical oceanography, marine chemistry, marine biology, scientific ocean drillings and geological and geophysical research as well as other activities in the High Seas with a scientific purpose;(b) “Hydrographic survey” includes activities undertaken for the making of navigation charts and for the safety of navigation including determination of the depth of water, the configuration and nature of the sea floor, the direction and force of the currents,tides and times of tides and water level and hazards for navigation; and(c) “Military survey” includes activities undertaken in the EEZ, High Seas and Continental Shelf involving marine data collection for military purposes.", "name": "Marine scientific research", "related_acts": "", "section_id": 24 }, { "act_id": 467, "details": "118.  (1) The Government may, with a view to sustainably managing, preserving and protecting marine and coastal ecosystems, through preventing and controlling marine pollution, take such measures as it may deem fit and proper.(2) The Government may, with a view to preserving the quality and ecological balance in the marine environment in the Maritime Zones under jurisdiction, make rules-(a) to prevent, reduce and control pollution of the marine environment;(b) to prevent, reduce and control pollutions from land-based sources, sea-based activities, by dumping or from vessels, from or through atmosphere, by plastics and micro plastics; and(c) to sustainably manage and protect marine and coastal ecosystem by strengthening their resilience and restoration.", "name": "Control of pollution", "related_acts": "", "section_id": 25 }, { "act_id": 467, "details": "129.  The Government shall take appropriate measures for the suppression of piracy, armed robbery, theft and maritime terrorism at sea occurring in the ship navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the Territorial Sea and Internal Waters, or the lateral limits of Territorial Sea with adjacent States or in the territory of Bangladesh including its EEZ.Explanation.- For the purpose of this section,-(a) “Piracy” means any of the following acts-(i) any illegal act of violence or detention, or any act of depredation, committed for private ends by the crew or the passenger of a private ship or a private aircraft, and directed on the EEZ and High Seas beyond 200 NM, against another ship or aircraft, or against persons or property on board such ship or aircraft; or against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;(ii)  any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts, making it a pirate ship or aircraft;(iii)  any act of inciting or of intentionally facilitating an act described in clauses (i) and (ii);(iv) any act which is deemed piratical under the customary international laws.(b) “Armed robbery” means any of the following acts-(i) any illegal act of violence or detention, or any act of depredation, committed for private ends and directed against a ship, or against persons or property on board such ship, in a place within the Internal Waters, Territorial Sea over such offences;(ii) any act of voluntary participation in the operation of a ship with knowledge of facts of making it a ship for armed robbery;(iii) any act of inciting or of intentionally facilitating an act described in the clauses (i) and (ii).(c) “Theft” means whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, without being armed and harming crew of the vessel, moves that property from vessel, ship or boat within the Internal Waters and Territorial Sea.(d) “Maritime terrorism at sea” refers to if any person unlawfully and intentionally-(i)  seizes or exercises control over a ship by force or threat thereof or any other form of intimidation;(ii) performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship;(iii) destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship;(iv) places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship;(v) destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if any such act is likely to endanger the safe navigation of a ship;(vi) communicates information which he knows to be false, thereby endangering the safe navigation of a ship;(vii) injures or kills any person, in connection with the commission or the attempted commission of any of the offences set forth in sub-sections above; or(viii) abets the commission of any of the offences set forth perpetrated by any person or is otherwise an accomplice of a person who commits such an offence or threatens, with or without a condition, as is provided for under national law, aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any of the offences set forth in, if that threat is likely to endanger the safe navigation of the ship in question.", "name": "Suppression of piracy, armed robbery, theft and maritime terrorism at sea", "related_acts": "", "section_id": 26 }, { "act_id": 467, "details": "1310. In case of trafficking in person by sea, the provisions of the Prevention and Suppression of Human Trafficking Act, 2012 (Act No. 3 of 2012) shall be applicable.Explanation.- Notwithstanding anything contained in the Prevention and Suppression of Human Trafficking Act, 2012 (Act No. 3 of 2012), for the purpose of this section, “trafficking in persons by sea” includes the recruitment, transportation, transfer, selling or buying, harbouring or receipt of persons, exchange, expulsion or exile, forced prostitution or slavery, abduction, detention or involvement in any other unlawful acts by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of persuasion, of temptation, of violence, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits in cash or in kind to achieve the consent of a person having control over another person, for the purpose of sexual exploitation, harassment and labour exploitation.", "name": "Trafficking in persons by sea", "related_acts": "", "section_id": 27 }, { "act_id": 467, "details": "11.  (1) A warship or authorized ship or aircraft in the service of Bangladesh which encounters on the High Seas a foreign ship, other than a ship entitled to complete immunity, is justified in boarding it if there is reasonable ground for suspecting that the ship is engaged in piracy, slave trade, unauthorized broadcasting, or the ship is without nationality, or through flying a foreign flag or refusing to show its flag, the ship is, in reality, of the nationality of another State.(2) In the cases provided for in sub-section (1), the warship or authorized ship or aircraft of Bangladesh, may send a boat or board under the command of an officer of Bangladesh Navy or Bangladesh Coast Guard to the suspected ship, and if necessary, proceed to a further examination on board the ship.", "name": "Right of visit of a ship", "related_acts": "", "section_id": 28 }, { "act_id": 467, "details": "12. (1) On the High Seas, or in any other place outside the jurisdiction of any State, Bangladesh may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board.(2) A seizure on account of piracy may be carried out by warship or military aircraft, or other ship or aircraft clearly marked and identifiable as being on government service and authorized to that effect.", "name": "Arrest and seizure of pirate ship or aircraft, etc", "related_acts": "", "section_id": 29 }, { "act_id": 467, "details": "13. (1) Bangladesh shall have jurisdiction over a ship which is navigating, or is scheduled to navigate into, through or from waters beyond the outer limit of the Territorial Sea of Bangladesh, or the lateral limits of its Territorial Sea and Internal Waters of Bangladesh with adjacent States.(2) The Government may take such measures as may be necessary to establish its jurisdiction over the offences set forth when an offence is committed-(a) against or on board a ship flying the flag of a State at the time the offence is committed;(b) in the territory of Bangladesh, including its Internal Waters and Territorial Sea; and(c) by a national of that State:Provided that this provision shall not apply to a warship or a ship owned or operated by a State when being used as a naval auxiliary or for customs, fiscal, immigration and sanitary purposes; or a ship which has been withdrawn from navigation or laid up:Provided further that nothing in this section shall prejudice the immunities of warships and other government ships operated for non-commercial purposes.", "name": "Jurisdiction over a ship", "related_acts": "", "section_id": 30 }, { "act_id": 467, "details": "14.  The Government may, subject to laws for the time being in force, extradite any pirate or any person accused of piracy, armed robbery against ships at the request of another State who is a party to Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1992.", "name": "Extradition", "related_acts": "", "section_id": 31 }, { "act_id": 467, "details": "15.  (1) The passage of a foreign vessel is not innocent and shall be considered as an offence if the vessel, while in the Territorial Sea, engages in-(a) any threat or use of force against the sovereignty, territorial integrity or political independence of Bangladesh or any other act which violates the principles of international law embodied in the Charter of the United Nations;(b) any exercise or practice with weapons of any kind, any act aimed at collecting information, which would be prejudicial to the defence or security of Bangladesh, any act of propaganda circulated to affect the defence or security of Bangladesh, launching of, landing on any aircraft from ship launching of, landing on board of any military device;(c) loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws of Bangladesh;(d) any act of wilful pollution in contravention of the Convention and the Bangladesh Environment Conservation, Act 1995 (Act No.1 of 1995);(e) any fishing activities or carrying out of research or surveying activities;(f) any act designed to interfere with any system of communication or any other facility or installation in Bangladesh or any other activity not directly related to its passage which is prejudicial to the peace, good order and security of Bangladesh.(2) Any person who commits an offence specified in sub-section (1) shall be punishable with imprisonment for a term which may extend to 5 (five) years or with fine of minimum taka 10 (ten) crore which may extend to taka 40 (forty) crore or with both.(3) Where the offence is continued after conviction, the master and the other persons who were convicted, each commits a further offence and shall be liable on conviction to a double punishment and in addition the Maritime Tribunal may order the forfeiture of the vessel or submarine.", "name": "Punishment for violation of innocent passage", "related_acts": "", "section_id": 32 }, { "act_id": 467, "details": "16. If any submarine or any other underwater vehicle except warships, while passing through the Territorial Sea, does not show its flag, shall be punishable with imprisonment for a term which may extend to 5 (five) years and with fine which may extend to taka 40 (forty) crore or with both and in addition, the Tribunal may order the forfeiture of the vessel or submarine and equipment used in the commission of the offence.", "name": "Punishment for contravention of law by submarine or any other underwater vehicle", "related_acts": "", "section_id": 33 }, { "act_id": 467, "details": "17.  If a master of a foreign vessel discharges or permits to discharge any nuclear or other dangerous, noxious or harmful substance or hazardous waste in the Internal Waters and Territorial Sea, it shall be an offence and the master of the vessel shall be punishable with imprisonment for a term which may extend to 7 (seven) years or with fine which may extend to taka 110 (one hundred ten) crore but shall not be less than taka 80 (eighty) crore or with both.", "name": "Punishment for throwing nuclear or hazardous wastes", "related_acts": "", "section_id": 34 }, { "act_id": 467, "details": "18.  If any person contravenes or attempts to contravene the customs, fiscal, immigration or sanitary laws in the Contiguous Zone or enters Bangladesh having committed an offence in the Contiguous Zone, it shall be an offence and shall be punishable with imprisonment for a term shall not be less than 2 (two) years which may extend to 7 (seven) years or with fine shall not be less than taka 10 (ten) crore which may extend to taka 35 (thirty five) crore or with both.", "name": "Punishment for offence in Contiguous Zone", "related_acts": "", "section_id": 35 }, { "act_id": 467, "details": "19. If any person violates the provisions of section 5A, shall be punishable with imprisonment for a term shall not be less than 3 (three) years or with fine which shall not be less than taka 10 (ten) crore which may extend to taka 40 (forty) crore or with both and in addition, the Tribunal may order the forfeiture of any vessel and equipment used in the commission of the offence.", "name": "Punishment for offences in Exclusive Economic Zone", "related_acts": "", "section_id": 36 }, { "act_id": 467, "details": "20. If any person violates the provisions of section 7B, shall be punishable with imprisonment for a term which shall not be less than 3 (three) years with fine shall not be less than taka 10 (ten) crore which may extend to taka 28 (twenty eight) crore and in addition, the Tribunal may order the forfeiture of any vessel and equipment used in the commission of the offence.", "name": "Punishment for offences in the Continental Shelf", "related_acts": "", "section_id": 37 }, { "act_id": 467, "details": "21.  The act of breaking or injuring a submarine cable beneath the High Seas, wilfully or by culpable negligence, in such a manner as to liable to interrupt or obstruct telegraphic or telephonic communications, and similarly the breaking of a submarine pipeline or high-voltage power cable, and to conduct calculated or likely to result in such breaking or injury is a punishable offence and shall be punishable with imprisonment for a term shall not be less than 3 (three) years with fine shall not be less than taka 5 (five) crore which may extend to taka 10 (ten) crore or with both:Provided that this provision shall not apply to any break or injury caused by legally appointed persons for saving the ship and lives who acted merely with the legitimate object of saving lives or their ship, after having taken all necessary precautions to avoid doing so.", "name": "Punishment for breaking or injuring a submarine cable, telegraphic or telephonic communications, etc", "related_acts": "", "section_id": 38 }, { "act_id": 467, "details": "22. If any person, including a juridical person or a foreign entity, commits any of the following acts in Maritime Zones of Bangladesh shall be punishable with imprisonment which may extend to 3 (three) years, or with fine shall not be less than taka 2 (two) crore which may extend to taka 5 (five) crore, or with both, namely:-(a) damaging behaviours, which happened in areas outside the jurisdiction of Bangladesh, but cause pollution in areas under its jurisdiction;(b) discharge of any types of pollutants or other substances that are prohibited by this Act;(c) discharge of pollutants to sea without following the provisions of this Act or discharging pollutants exceeding the standard;(d) causing of marine pollution incidents and without immediate measures to deal with due to accidents or other unexpected events;(e) any activity affecting directly or indirectly the marine environment in coastal areas;(f) any other violation specified by the notifications in the official Gazette.", "name": "Punishment for pollution", "related_acts": "", "section_id": 39 }, { "act_id": 467, "details": "23. If any foreign vessel or installation commits any of the following acts, the master of the vessel or the person in charge of the installation shall be punishable with imprisonment for a term which may extend to 5 (five) years, or with fine shall not be less than taka 10 (ten) crore or with both, namely:-(a) possesses, does, or initiates anything that may cause pollution; or(b) fails or show negligence to take measures to prevent marine pollution of all kinds, in particular from debris and nutrient pollution or pollution from sea-bed activities or pollution from activities in the Area or pollution by dumping or pollution from vessels or pollution from or through the atmosphere shall be considered as offence.", "name": "Punishment for failure to take measures to prevent pollution", "related_acts": "", "section_id": 40 }, { "act_id": 467, "details": "24.  (1) Whoever commits an act of piracy or maritime terrorism at sea shall be punished with imprisonment which may extend to life term and in addition, the Tribunal may, subject to any restitution, order the forfeiture of vessel or property involved in the commission of the offence.(2) Whoever attempts or aid or abet to commit an act of piracy or maritime terrorism shall be punishable with imprisonment for a term which may extend to 14 (fourteen) years and shall also be liable to fine.(3) Whoever commits armed robbery at sea shall be punishable with imprisonment for a term which may extend to 10 (ten) years and shall also be liable to fine.(4) Whoever commits theft shall be punishable with imprisonment for a term which may extend to 3 (three) years or with fine or with both.(5) Whoever commits any act of hostage taking, transnational organized crime related to piracy, maritime terrorism and other offences against safety of maritime navigation shall be punishable with imprisonment for a term which may extend to 20 (twenty) years but shall not be less than 5 (five) years or with fine which shall not be less than taka 10 (ten) crore which may extend to taka 40 (forty) crore or with both.", "name": "Punishment for piracy, armed robbery, maritime terrorism at sea and theft", "related_acts": "", "section_id": 41 }, { "act_id": 467, "details": "25. Whoever causes death while committing an offence or attempt thereof under section 24 of this Act shall be punishable under the provisions specified for causing death or attempt thereof in the Penal Code, 1860 (Act No. XLV of 1860).", "name": "Punishment for causing death while committing an offence under section 24", "related_acts": "11", "section_id": 42 }, { "act_id": 467, "details": "26. If any victim of the offence or anything related to conducting the offence is recovered from the possession of any person or any place under his direct supervision or the person is identified as committer of offence by the rescued victim, if it is not proved otherwise, it may be presumed that the person has committed an offence.", "name": "Presumption of offence", "related_acts": "", "section_id": 43 }, { "act_id": 467, "details": "27.  (1) For the purpose of this Act, the Government may, by notification in the official Gazette, establish one or more Maritime Tribunal(s).(2) If more than one Tribunal is established under sub-section (1), the jurisdiction of each of the Tribunals shall be determined in the notification of establishment of Tribunals.(3) Until the establishment of Tribunal under this section, the Government may, by notification in the official Gazette, assign any District Judge or Additional District Judge of any district to perform the duties of the Maritime Tribunal, in addition to his own duties.(4) The Tribunal shall be formed by a District Judge or Additional District Judge appointed by the Government in consultation with the Supreme Court.(5) The Tribunal shall sit at such place or places which is determined by the Government and conduct its activities.", "name": "Establishment of Maritime Tribunal", "related_acts": "", "section_id": 44 }, { "act_id": 467, "details": "28. Notwithstanding anything contained in CrPC, for the purpose of this Act, the Government may, by notification in the official Gazette, confer on any gazetted officer of Bangladesh Navy or Bangladesh Coast Guard the power to arrest of any person and to investigate the offence under this Act.", "name": "Power to investigate offence", "related_acts": "", "section_id": 45 }, { "act_id": 467, "details": "29. If any member from Bangladesh Navy or Bangladesh Coast Guard or any other person captures or receives a video or still photo or records any conversation in the tape-recorder or cell phone or captures any satellite image during occurrence of offences or preparation of such offences or assistance to such offences, these videos, photos or tapes or disks or satellite images shall be admissible as evidence in the trial on proof of authenticity.", "name": "Evidentiary value of pictures, electronic records, etc", "related_acts": "", "section_id": 46 }, { "act_id": 467, "details": "30. The Tribunal shall not take cognizance of an offence without the written complaint made by any person authorized by the Government in this behalf.", "name": "Cognizance of offence", "related_acts": "", "section_id": 47 }, { "act_id": 467, "details": "31.  Notwithstanding anything contained in the CrPC, the Tribunal shall not grant bail under this Act unless-(1) the State is allowed hearing on order for bail;(2) the Tribunal is satisfied that-(a) there is reasonable ground for believing that the accused may not be convicted;(b) the offence is not that serious in nature and the punishment shall not be severe if the accused is found guilty.", "name": "Provisions as to bail", "related_acts": "", "section_id": 48 }, { "act_id": 467, "details": "32. (1) The Tribunal shall dispose the case within 180 (one hundred and eighty) days from the date of filing of the case.(2) If the Tribunal fails to dispose the case within the time specified in sub-section (1), it may extend the time for maximum 90 (ninety) days by recording the reasons thereof in writing.(3) If the Tribunal fails to dispose case within the extended time under sub-section (2), it shall make a report recording the reasons thereof to the Supreme Court within 10 (ten) days from the date of such failure.", "name": "Time limit for disposal of a case", "related_acts": "", "section_id": 49 }, { "act_id": 467, "details": "33. Notwithstanding anything contained in the CrPC, the Tribunal may impose fine upon the convict as is specified for the offence.", "name": "Power of the Tribunal", "related_acts": "", "section_id": 50 }, { "act_id": 467, "details": "34.  An appeal may be preferred to the High Court Division of the Supreme Court against an order, judgement or conviction of the Tribunal within 30 (thirty) days from the date of such order, judgement or conviction.", "name": "Appeal", "related_acts": "", "section_id": 51 }, { "act_id": 467, "details": "35.  For the purposes of this Act, the Government may, by notification in the official Gazette, make rules.", "name": "Power to make rules", "related_acts": "", "section_id": 52 }, { "act_id": 467, "details": "36. The Government may, by notification in the official gazette, publish an Authentic Bangla Text of this Act.", "name": "Power to Publish Authentic Bangla Text", "related_acts": "", "section_id": 53 } ], "text": "An Act to provide for the declaration of the territorial waters and maritime zones. WHEREAS clause (2) of Article 143 of the Constitution provides that Parliament may, from time to time, by law provide for the determination of the territorial waters and the continental shelf of Bangladesh; AND WHEREAS it is necessary to provide for the declaration of the territorial waters, continental shelf and other maritime zones and for matter ancillary thereto; It is hereby enacted as follows:-" }

{ "id": 468, "lower_text": [ "1 The words “a Protishthan” were substituted for the words “an Institute” by section 3 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "2 The words “Bangladesh Unnayan Gobeshona Protishthan” were substituted for the words “Bangladesh Institute of Development Studies” by section 4 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "3 The words “Board of Trustees of the Protishthan” were substituted for the words “Board of the Institute” by section 5 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "4 Clause (aa) was inserted by section 5 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "5 Clause (b) was substituted by section 5 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "6 Clause (c) was omitted by section 5 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "7 The semi-colon (;) was substituted for the full stop (.) and thereafter clauses (e) and (f) were added by section 5 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "8 The words, brackets and letters “a Protishthan to be called the Bangladesh Unnayan Gobeshona Protishthan (BIDS)” were substituted for the words “an Institute to be called the Bangladesh Institute of Development Studies” by section 6 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "9 The words “following Trustees” were substituted for the words “following members” by section 8 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "10 The words “or a Member of the Planning Commission to be nominated by the Chairman ” were substituted for the words “ex-officio” by section 8 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "11 Clause (c) was substituted by section 8 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "12 Clauses (j), (k) and (l) were substituted for earlier clauses (j) and (k) by section 8 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "13 The word “Chairman” was substituted for the word “President” by section 9 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "14 The words “ex-officio be the Chairman of the Protishthan” were substituted for the words “be the President of the Institute” by section 9 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "15 The word “Chairman” was substituted for the word “President” by section 9 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "16 The word “Trustee” was substituted for the word “member” by section 9 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "17 Sub-section (1) was substituted by section 10 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "18 The words “the Protishthan with the assistance of the Committees” were substituted for the words “the Institute” by section 10 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "19 Sections 10, 10A, 10B, 10C, 10D and 10E were substituted for former section 10 by section 11 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "20 The proviso was omitted by section 12 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "21 Section 13A was inserted by section 15 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)", "22 The words “and the sums which are likely to be required from the Government” were omitted by section 17 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984)" ], "name": "The Bangladesh Unnayan Gobeshona Protishthan Act, 1974", "num_of_sections": 26, "published_date": "16th February, 1974", "related_act": [], "repelled": true, "sections": [ { "act_id": 468, "details": "1. This Act may be called the 2Bangladesh Unnayan Gobeshona Protishthan Act, 1974.", "name": "Short title", "related_acts": "", "section_id": 1 }, { "act_id": 468, "details": "2. In this Act, unless context otherwise requires,- (a)\t“Board” means the 3Board of Trustees of the Protishthan constituted under section 7; 4(aa) \t“Committee” means a Committee constituted under this Act; 5(b) \t“Chairman”, “Director-General” and “Senior Fellows” respectively means the Chairman or his nominee as provided in section 8(2), the Director-General and the Senior Fellows of the Protishthan; 6* * * (d)\t“Prescribed” means prescribed by rules made under this Act 7; (e)\t“Protishthan” means the Bangladesh Unnayan Gobeshona Protishthan established under section 3; (f)\t“Secretary” means the Secretary of the Protishthan.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 468, "details": "3. (1) As soon as may be after the commencement of this Act, there shall be established 8a Protishthan to be called the Bangladesh Unnayan Gobeshona Protishthan (BIDS). (2) The Protishthan shall be a body corporate having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.", "name": "Establishment and incorporation", "related_acts": "", "section_id": 3 }, { "act_id": 468, "details": "4. (1) The Headquarters of the Protishthan shall be at Dacca. (2) The Protishthan may establish its branches at such places as the Board may decide.", "name": "Headquarters of the Protishthan", "related_acts": "", "section_id": 4 }, { "act_id": 468, "details": "5. (1) The aims and objects of the Protishthan shall be - (a)\tto function as an agency for undertaking and promoting study, research and dissemination of knowledge in the field of development economics, demography and other social sciences relating to planning for national development and social welfare; (b)\tto collect information, conduct investigations and undertake research projects for purposes of assistance in planning, and formulation of policy, and implementation of plans and policies; (c)\tto provide facilities for training in economics, demography and other social sciences; (d)\tto provide information and offer advice on modern research techniques and methodology in economics, demography and other social sciences. (2) In particular and without prejudice to the generality of the above aims and objects, the Protishthan shall have power- (a)\tto conduct survey, experiment, demonstration, to hold meetings and to arrange lectures, seminars, discussions and conferences on economics, demography and other social sciences relating to studies of problems of national development and social welfare, hereinafter referred to as the studies; (b)\tto publish books, periodicals, reports and research and working papers on the studies; (c) \tto undertake investigations including field work on the studies on its own behalf or on behalf of, or in collaboration with, the Government or any institution; (d) \tto establish and maintain contact with foreign scholars and their works on the studies through co-operative studies, seminars and exchange of visits or otherwise; (e) \tto maintain libraries and reading rooms and equipment and instruments, such as printing presses, computational and other research and office equipment, photographic and other reproduction instruments for its proper functioning;  (f)\tto institute Research Associateships, Fellowships of different categories including National Research Fellowships for professional workers on the studies; (g)\tto create within itself from time to time branches, divisions, sections, centres and other units for the proper and efficient conduct of the activities of the Protishthan in different fields of the studies; (h)\tto accept endowments, gifts, donations, grants and other funds and payments in lieu of services rendered; (i)\tto take such other actions as may further the aims and objects of the Protishthan.", "name": "Aims and objects of the Protishthan", "related_acts": "", "section_id": 5 }, { "act_id": 468, "details": "6. The general direction and superintendence of the affairs of the Protishthan shall vest in the Board which may exercise all powers and do all acts and things which may be exercised or done by the Protishthan in accordance with the provision of this Act.", "name": "Management", "related_acts": "", "section_id": 6 }, { "act_id": 468, "details": "7. The Board shall consist of the 9following Trustees- (a)\tthe Minister for Planning, ex-officio; (b)\tthe Deputy Chairman, Planning Commission, 10or a Member of the Planning Commission to be nominated by the Chairman; 11(c) \tthe Director-General of the Protishthan, ex-officio; (d)\tthe Chairman, or a member, of the University Grants Commission to be nominated by it; (e)\tthe Governor, Bangladesh Bank, ex-officio; (f)\tthe Secretary, Ministry of Finance, ex-officio; (g)\tthe Secretary, Ministry of Education, ex-officio; (h)\tthe Chairman, Social Science Research Council, ex-officio; (i)\ttwo Senior Fellows to be elected from amongst themselves for a term of three years; 12(j) three senior staff members of the Protishthan to be nominated by the Director-General on the recommendation of the Policy Co-ordination Committee for a term of three years; (k)\t\tthe Director-General, Bangladesh Rural Development Board, ex-officio; (l)\t\tone Trustee to be appointed by the President.", "name": "Board", "related_acts": "", "section_id": 7 }, { "act_id": 468, "details": "8. (1) The Minister for Planning, Government of the People's Republic of Bangladesh, shall 14ex-officio be the Chairman of the Protishthan. (2) The 15Chairman may from time to time nominate a 16Trustee of the Board to act in his place in the Board.", "name": "Chairman", "related_acts": "", "section_id": 8 }, { "act_id": 468, "details": "9. 17(1) The Director-General shall be appointed by the Board for a term of three years on such conditions as the Board may determine: Provided that the Director-General shall be eligible for re-appointment for another term. (2) The Director-General shall be the chief executive of the Protishthan and subject to the provisions of the Act, he shall administer the affairs and the funds of the Protishthan in such manner as may be prescribed. (3) The Director-General shall be responsible for implementation of the decisions of the Board in directing, conducting and co-ordinating the research and other activities of 18the Protishthan with the assistance of the Committees. (4) The Director-General may, with the approval of the Board, appoint such officers and employees as may be considered necessary for efficient performance of the functions of the Protishthan on such terms and conditions as may be determined. (5) Omitted by section 10 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (Ordinance No. XXXI of 1984).", "name": "Director-General", "related_acts": "", "section_id": 9 }, { "act_id": 468, "details": "1910. (1) There shall be a Secretary of the Protishthan who shall be appointed by the Board on such terms and conditions as the Board may determine. (2) The Secretary shall be responsible to the Director-General and shall assist the Director-General and the Committees in the discharge of their duties. (3) The Secretary shall act as Secretary to the Board.", "name": "Secretary", "related_acts": "", "section_id": 10 }, { "act_id": 468, "details": "10A. The Protishthan shall constitute the following Committees, namely:- (a)\tThe Policy Co-ordination Committee; (b)\tthe Administrative Affairs Committee;  (c)\tthe Finance Committee; (d)\tsuch other Committees as the Protishthan may deem fit to constitute.", "name": "Committees", "related_acts": "", "section_id": 11 }, { "act_id": 468, "details": "10E. In the event of any disagreement between two Committees or between a Committee and the Director-General, the matter shall be referred to the Board and the decision of the Board shall be final.", "name": "Disagreement among Committees, etc.", "related_acts": "", "section_id": 12 }, { "act_id": 468, "details": "10B. (1) The Policy Co-ordination Committee shall consist of the following members, namely:- (a)\tthe Director-General, ex-officio, who shall also be the Chairman of the Committee; (b)\tall Research Directors of the Protishthan, ex-officio; (c)\tall Chiefs of Divisions of the Protishthan, ex-officio; (d)\tthe Chairmen of the Administrative Affairs Committee and the Finance Committee, ex-officio; (e)\tthe Secretary, ex-officio; (f)\tone Research Fellow of the Protishthan to be nominated by the Chairman; (g)\tone member-secretary to be nominated by other members of the Committee from among the Research Fellows of the Protishthan. (2) A member, other than an ex-officio member, shall hold office for a term of one year but shall continue to hold office until his successor enters upon his office. (3) The Committee shall- (a)\tmake recommendations to the Director-General on the following matters, namely:- (i)\tallocation of research fund and awarding of scholarships and fellowships; (ii)\tnomination of representatives of the Protishthan to seminars, workshops and other professional activities; (iii)\tappointment to temporary posts for a period not exceeding six months; (iv)\tcontrol, management and administration of the projects;  (v)\tnomination of members of the Administrative Affairs Committee and the Finance Committee; (b)\texercise such other powers and perform such other functions as may be assigned to it by this Act or the Board. (4) The Committee may set up sub-committees to assist it in the discharge of its functions.", "name": "The Policy Co-ordination Committee", "related_acts": "", "section_id": 13 }, { "act_id": 468, "details": "10C. (1) The Administrative Affairs Committee shall consist of the following members, namely:- (a)\ttwo members of the research staff not below the rank of Research Fellow of the Protishthan to be nominated by the Board; (b)\tthe Secretary, ex-officio; (c)\tsuch heads of Sections of the Protishthan as the Board may nominate. (2) The most senior research staff of the Committee shall be its Chairman. (3) A member, other than an ex-officio member, shall hold office for a period of one year but shall continue to hold office until his successor enters upon his office. (4) The Committee shall make recommendations to the Director-General on the following matters, namely:- (a)\taccommodation, transport and general administration; (b)\tpersonnel matters of the non-research staff of the Protishthan excluding section heads; (c)\tany other matter that may be referred to it by the Board or the Director-General.", "name": "The Administrative Affairs Committee", "related_acts": "", "section_id": 14 }, { "act_id": 468, "details": "10D. (1) The Finance Committee shall consist of the following members, namely:- (a)\tthree members of the research staff not below the rank of Research Fellow of the Protishthan to be nominated by the Board;  (b)\tthe Secretary, ex-officio; (c)\tthe Chief of the Accounts Section of the Protishthan, ex-officio. (2) The most senior research staff of the Protishthan shall be its Chairman. (3) A member, other than an ex-officio member, shall hold office for a period of one year but shall continue to hold office until his successor enters upon his office. (4) The Committee shall- (a)\tsupervise the income and expenditure of the Protishthan; (b)\tadvise the Director-General on all matters relating to accounts, administration of property, funds, preparation of budget and clearance of bills; (c)\tperform such other functions as may be assigned to it by the Board.", "name": "The Finance Committee", "related_acts": "", "section_id": 15 }, { "act_id": 468, "details": "11. (1) There shall be not more than twelve Senior Fellows who shall be appointed by the Protishthan from amongst the person who, by virtue of their high professional qualifications and experience, have attained eminence in the field of development economics, demography and other social sciences and are willing to serve in their individual capacity without any honoraria to achieve the aims and objects of the Protishthan. (2) A Senior Fellow shall be appointed for a term of three years and shall be eligible for re-appointment. 20* * *. (3) The Senior Fellows shall advise and assist the Protishthan in formulating and carrying out its research, training, publication and other professional programmes. (4) A Senior Fellow who fails to attend three or more consecutive meetings of the Senior Fellows of the Protishthan shall be deemed by the Protishthan to have resigned as a Senior Fellow and such resignation shall become effective upon notification thereof by the Protishthan.", "name": "Senior Fellows", "related_acts": "", "section_id": 16 }, { "act_id": 468, "details": "12. The Director-General and every officer, adviser and employee of the Protishthan shall be indemnified by the Protishthan 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 wilful act or default.", "name": "Indemnity etc.", "related_acts": "", "section_id": 17 }, { "act_id": 468, "details": "13. (1) The meetings of the Board shall be held at such times and places as may be prescribed: Provided that meeting of the Board may also be otherwise convened by the Director-General if he so desires. (2) Five Trustees including the Chairman shall form the quorum at a meeting of the Board. (3) At a meeting of the Board, each Trustee shall have one vote, but in the event of equality of votes, the Chairman or his nominee shall have a second or casting vote. (4) The meeting of the Board shall be presided over by the Chairman and in his absence by such other Trustee who may be so nominated by the Chairman as provided in section 8(2) and in the absence of both of them, by a person elected for the purpose by the Trustees present from amongst 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) All acts done by a person acting in good faith as the Director-General of the Protishthan or a Trustee of the Board 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 section shall be deemed to give validity to any act of the Director-General or a Trustee of the Board after his appointment has been shown to be invalid or to have been terminated.", "name": "Meetings of the Board", "related_acts": "", "section_id": 18 }, { "act_id": 468, "details": "2113A. (1) The meetings of the Committees shall be held at such times and places as may be prescribed: Provided that the meetings of the Committees may also be otherwise convened by the Chairman of the Committee if he so desires. (2) Not less than one-third of the total number of members shall form the quorum at a meeting of the Committee. (3) At a meeting of the Committee, each member shall have one vote, but in the event of equality of votes, the Chairman of the Committee shall have a second or casting vote. (4) The meeting of a Committee shall be presided over by the Chairman of the Committee and, in the absence of the Chairman, by a member elected for the purpose by the members present from among themselves.", "name": "Meetings of the Committees", "related_acts": "", "section_id": 19 }, { "act_id": 468, "details": "14. (1) The Protishthan shall have its own fund which shall consist of- (a)\tgrants made by the Government; (b)\tgifts and endowments; (c)\tsale proceeds and royalties of publications; (d)\tincome from research undertakings; (e)\tassistance from aid-giving agencies including foreign Governments and foundations; and (f)\tother sources. (2) All funds of the Protishthan shall be kept in any bank or banks approved by the Board.", "name": "Fund", "related_acts": "", "section_id": 20 }, { "act_id": 468, "details": "15. The Protishthan shall, by such date in each year as may be prescribed, submit to the Government for approval, a budget in the prescribed form for each financial year showing the estimated receipts and expenditure 22* * * during that financial year.", "name": "Budget", "related_acts": "", "section_id": 21 }, { "act_id": 468, "details": "16. (1) The Board shall maintain in the prescribed manner the accounts of all receipts and expenditure of the Protishthan and such account shall be audited annually by such auditors as may be appointed by it in this behalf. (2) At the request of the Government, copies of such audited report may be supplied to them for their examination.", "name": "Accounts of Receipts and Expenditure", "related_acts": "", "section_id": 22 }, { "act_id": 468, "details": "17. The Protishthan shall, as soon as possible after the end of every financial year, prepare an annual report of the working of the Protishthan and a statement of the estimate of the receipts and expenditure of the Protishthan for the next financial year and present the same in the next meeting of the Board for discussion and approval.", "name": "Report, Statement of accounts, etc.", "related_acts": "", "section_id": 23 }, { "act_id": 468, "details": "18. The Board may make rules for carrying out the purpose of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 24 }, { "act_id": 468, "details": "19. Upon the commencement of this Act, the Bangladesh Institute of Development Economics, established by the erstwhile Government of Pakistan, Ministry of Education Notification No. S. R. O. 370 (K)/64, dated, the 1st May, 1964, hereinafter referred to as the Development Institute, shall, notwithstanding anything contained in the said Notification, stand dissolved and upon such dissolution- (a)\tall assets of the Development Institute shall stand transferred to, and vested in, the Protishthan; Explanation. The expression “assets” includes all rights, powers, authorities and privileges and all property, movable and immovable, cash and bank balances, grants and all other interests and rights, in or arising out of, such property and all books of accounts, registers, records and all other documents of whatever nature relating thereto;  (b)\tsuch liabilities or class of liabilities of the Development Institute as the Government may direct shall become the liabilities of the Protishthan; (c)\tsubject to the provisions of section 11(2), the existing Director of the Development Institute, becoming Chairman under section 9(5), all officers, Senior Fellows, Visiting Scholars, Research Associates and employees of the Development Institute shall be deemed to the Chairman, officers, Senior Fellows, Visiting Scholars, Research Associates and employees of the Protishthan and shall hold office on the same terms and conditions as were enjoyed by them immediately before the commencement of this Act and shall continue to do so unless and until their terms and conditions including remuneration are duly altered by the Protishthan: Provided that the Board may alter their terms and conditions of service including remuneration whenever considered necessary for the sake of uniformity and in the interest of equity with other services and as necessary to confirm former positions in the Development Institute to corresponding positions in the Protishthan.", "name": "Dissolution of the Bangladesh Institute of Development Economics", "related_acts": "", "section_id": 25 }, { "act_id": 468, "details": "20. Validity of the past Act.- Omitted by section 19 of the Bangladesh Institute of Development Studies (Amendment) Ordinance, 1984 (XXXI of 1984).", "name": "Validity of the past act", "related_acts": "", "section_id": 26 } ], "text": "♣♠♥An Act to establish the Bangladesh Unnayan Gobeshona Protishthan. WHEREAS it is expedient to provide for the establishment of 1a Protishthan for the purpose of undertaking and promoting study, research and dissemination of knowledge in the field of development economics, demography and other social sciences and for connected purposes; It is hereby enacted as follows:-" }

{ "id": 469, "lower_text": [], "name": "The Essential Services Laws (Amendment) Act, 1974", "num_of_sections": 5, "published_date": "15th June, 1974", "related_act": [ 250, 469, 335, 279 ], "repelled": false, "sections": [ { "act_id": 469, "details": "1. (1) This Act may be called the Essential Services Laws (Amendment) Act, 1974. (2) It shall be deemed to have come into force on the 28th day of February, 1974.", "name": "Short title and commencement", "related_acts": "469", "section_id": 1 }, { "act_id": 469, "details": "2. In the Essential Services (Maintenance) Act, 1952 (LIII of 1952),- (a) \tsection 6 shall be omitted; and (b) for section 7A the following shall be substituted, namely:- “7A. Overriding power of the Act.- The provisions of this Act shall have effect notwithstanding anything to the contrary contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), or any other law for the time being in force.”", "name": "Amendment of Act LIII of 1952", "related_acts": "250", "section_id": 2 }, { "act_id": 469, "details": "3. In the Essential Services (Second) Ordinance, 1958 (E. P. Ord. No. XLI of 1958),- (1) \tsection 3 shall be re-numbered as be-section (1) of that section, and-  (a)\tin sub-section (1) as so re-numbered, the words and comma “under any local authority,” shall be omitted; and (b)\tafter sub-section (1) as so re-numbered, the following new sub-section shall be added, namely:- “(2) A declaration under sub-section (1) shall remain in force for a period of six months; but the Government may, by notification in official Gazette, successively extend it for further periods not exceeding six months at a time.”; (2) \tin section 4, the Explanation shall be numbered as Explanation 1, and after Explanation 1 as so numbered the following new Explanation shall be added, namely:- “Explanation 2.- Absence from work in pursuance of any notice of strike given or purported to be given under any law shall not be deemed to be a reasonable excuse within the meaning of this section”; and (3) \tafter section 5, the following new section 5A shall be added, namely:- “5A. Overriding Power of the Ordinance.- The provisions of this Ordinance shall have effect notwithstanding anything to the contrary contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), or any other law for the time being in force.”", "name": "Amendment of E. P. Ord. XLI of 19584.Amendment of E. P. Ord. II of 1963", "related_acts": "279", "section_id": 3 }, { "act_id": 469, "details": "4. In the Services (Temporary Powers) Ordinance, 1963 (E. P. Ord. II of 1963),- (1) \tin section 2, for the words “of a local authority” the words “of any body or establishment” shall be substituted; and (2) \tin section 3, in sub-section (1), for the words, commas and figures “the East Pakistan Trade Union Act, 1965, or the East Pakistan Labour Disputes Act, 1965” the words, commas, brackets and figures “the Industrial Relations Ordinance, 1969 (XXIII of 1969),” and for the words “in offices by any employee of the Government or of a local authority” the words “by any employee” shall be substituted.", "name": "Amendment of E. P. Ord. II of 1963", "related_acts": "335", "section_id": 4 }, { "act_id": 469, "details": "5. (1) The Essential Services Laws (Amendment) Ordinance, 1974 (Ord. II of 1974), is hereby repealed. (2) Notwithstanding such repeal, anything done, any action taken or any declaration made under any of the laws amended by the said Ordinance shall be deemed to have been done, taken or made, as the case may be, under the corresponding provisions of such law as amendment by this Act.", "name": "Repeal and Savings", "related_acts": "", "section_id": 5 } ], "text": "An Act further to amend the Essential Services (Maintenance) Act, 1952, the Essential Services (Second) Ordinance, 1958 and the Services (Temporary Powers) Ordinance, 1963. WHEREAS it is expedient further to amend the Essential Services (Maintenance) Act, 1952 (LIII of 1952), the Essential Services (Second) Ordinance, 1958 (E. P. Ord. No. XLI of 1958), and the Services (Temporary Powers) Ordinance, 1963 (E. P. Ord. No. II of 1963), for the purposes hereinafter appearing; It is hereby enacted as follows:-" }

{ "id": 470, "lower_text": [], "name": "The Children Act, 1974", "num_of_sections": 78, "published_date": "22nd June, 1974", "related_act": [ 224, 225, 226, 227, 228, 229, 230, 75, 470, 221, 222, 223 ], "repelled": true, "sections": [ { "act_id": 470, "details": "1. (1) This Act may be called the Children Act, 1974. (2) 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 and commencement", "related_acts": "470", "section_id": 1 }, { "act_id": 470, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) “adult” means a person who is not a child; (b)\t“approved home” means any institution which is established by any association or body of individuals and recognised by the Government for the reception or protection of, or prevention of cruelty to, children and which undertakes to bring up, or give facilities for bringing up, any child entrusted to its care in conformity with the religion of his birth; (c)\t“begging” means- (i)\tsoliciting or receiving alms in a public place, whether or not under any pretence such as singing, dancing, fortune-telling, reciting holy verse or performing tricks;  (ii)\tentering in any private premises for the purpose of soliciting or receiving alms; (iii)\texposing or exhibiting with the object of obtaining or extorting alms any sore, wound, injury, deformity or disease; (iv)\thaving no visible means of subsistence and wandering about and remaining in any public place in such condition or manner as makes it likely that the person doing so exists by soliciting or receiving alms; and (v)\tallowing oneself to be used as an exhibit for the purpose of soliciting or receiving alms; (d) \t“certified institute” means a training institute established or any training institute, industrial school or educational institution certified by the Government under section 19; (e) “Chief Inspector” means Chief Inspector of certified institutes appointed under section 30; (f) \t“child” means a person under the age of sixteen years, and when used with reference to a child sent to a certified institute or approved home or committed by a Court to the custody of a relative or other fit person means that child during the whole period of his detention notwithstanding that he may have attained the age of sixteen years during that period; (g)\t“Code” means the Code of Criminal Procedure, 1898 (V of 1898); (h)\t“guardian”, in relation to a child or youthful offender includes any person who, in the opinion of the Court having cognizance of any proceedings in relation to the child or youthful offender, has for the time being the actual charge of, or control over, the said child or youthful offender; (i)\t“Juvenile Court” means a Court established under section 3; (j)\t“place of safety” includes a remand home, or any other suitable place or institution, the occupier or manger of which is willing temporarily to receive a child or where such remand home or other suitable place or institution is not available, in the case of a male child only, a police-station in which arrangements are available or can be made for keeping children in custody separately from the other offenders; (k)\t“prescribed” means prescribed by rules made under this Act; (l)\t“Probation Officer” means a Probation Officer appointed under section 31; (m)\t“supervision” means the placing of a child under the control of a Probation Officer or other person for the purpose of securing proper care and protection of the child by his parent, guardian, relation or any other fit person to whose care the child has been committed; and (n)\t“youthful offender” means any child who has been found to have committed an offence.", "name": "Definitions", "related_acts": "75", "section_id": 2 }, { "act_id": 470, "details": "3. Notwithstanding anything contained in the Code, the Government may, by notification in the official Gazette, establish one or more Juvenile Courts for any local area.", "name": "Juvenile Courts", "related_acts": "", "section_id": 3 }, { "act_id": 470, "details": "4. The powers conferred on a Juvenile Court by this Act shall also be exercisable by- (a)\tthe High Court Division, (b)\ta Court of Session, (c)\ta Court of an Additional Sessions Judge and of an Assistant Sessions Judge, (d)\ta Sub-Divisional Magistrate, and (e)\ta Magistrate of the first class, whether trying any case originally or on appeal or in revision.", "name": "Courts empowered to exercise powers of Juvenile Court", "related_acts": "", "section_id": 4 }, { "act_id": 470, "details": "5. (1) When a Juvenile Court has been established for any local area, such Court shall try all cases in which a child is charged with the commission of an offence and shall deal with and dispose of all other proceedings under this Act, but shall not have power to try any case in which an adult is charged with any offence mentioned in Part VI of this Act. (2) When a Juvenile Court has not been established for any local area, no Court other than a Court empowered under section 4 shall have power to try any case in which a child is charged with the commission of an offence or to deal with or dispose of any other proceeding under this Act. (3) When it appears to a Juvenile Court or a Court empowered under section 4, such Court being subordinate to the Court of Session, that the offence with which a child is charged is triable exclusively by the Court of Session, it shall immediately transfer the case to the Court of Session for trial in accordance with the procedure laid down in this Act.", "name": "Powers of Juvenile Courts, etc.", "related_acts": "", "section_id": 5 }, { "act_id": 470, "details": "6. (1) Notwithstanding anything contained in section 239 of the Code or any other law for the time being in force, no child shall be charged with, or tried for, any offence together with an adult. (2) If a child is accused of an offence for which under section 239 of the Code or any other law for the time being in force such child but for the provisions of sub-section (1) could have been tried together with an adult, the Court taking cognizance of the offence shall direct separate trials of the child and the adult.", "name": "No joint trial of child and adult", "related_acts": "", "section_id": 6 }, { "act_id": 470, "details": "7. (1) A Juvenile Court shall hold its sittings at such places, on such days and in such manner as may be prescribed. (2) In the trial of a case in which a child is charged with an offence a Court shall, as far as may be practicable, sit in a building or room different from that in which the ordinary sittings of the Court are held, or on different days or at different times from those at which the ordinary sittings of the Court are held.", "name": "Sittings, etc. of Juvenile Courts", "related_acts": "", "section_id": 7 }, { "act_id": 470, "details": "8. (1) When a child is accused along with an adult of having committed an offence and it appears to the Court taking cognizance of the offence that the case is a fit one for committal to the Court of Session, such Court shall, after separating the case in respect of the child from that in respect of the adult, direct that the adult alone be committed to the Court of Session for trial. (2) The case in respect of the child shall then be transferred to a Juvenile Court if there is one or to a Court empowered under section 4, if there is no Juvenile Court for the local area, and the Court taking cognizance of the offence is not so empowered: Provided that the case in respect of the child shall be transferred to the Court of Session under section 5 (3) if it is exclusively triable by the Court of Session in accordance with the Second Schedule of the Code.", "name": "Adult to be committed to sessions in a case to be committed to sessions", "related_acts": "", "section_id": 8 }, { "act_id": 470, "details": "9. Save as provided in this Act, no person shall be present at any sitting of a Juvenile Court except- (a)\tthe members and officers of the Court; (b) \tthe parties to the case or proceeding before the Court and other persons directly concerned in the case or proceeding including the police officers; (c) \tparents or guardians of the child; and (d) \tsuch other persons as the Court specially authorises to be present.", "name": "Presence of persons in Juvenile Courts", "related_acts": "", "section_id": 9 }, { "act_id": 470, "details": "10. If at any stage during the hearing of a case or proceeding, the Court considers it expedient in the interest of the child to direct any person, including the parent, guardian or the spouse of the child, or the child himself to withdraw, the Court may give such direction and thereupon such person shall withdraw.", "name": "Withdrawal of persons from Courts", "related_acts": "", "section_id": 10 }, { "act_id": 470, "details": "11. If at any stage during the hearing of a case or proceeding, the Court is satisfied that the attendance of a child is not essential for the purpose of the hearing of the case or proceeding, the Court may dispense with his attendance and proceed with the hearing of the case or of the proceeding in the absence of the child.", "name": "Dispensing with attendance of child", "related_acts": "", "section_id": 11 }, { "act_id": 470, "details": "12. If at any stage during the hearing of a case or proceeding in relation to an offence against, or any conduct contrary to, decency or morality, a child is summoned as a witness, the Court hearing the case or proceeding may direct such persons as it thinks fit, not being parties to the case or proceeding, their legal advisers and the officers concerned with the case or proceeding, to withdraw and thereupon such persons shall withdraw.", "name": "Withdrawal of persons from Court when child is examined as witness", "related_acts": "", "section_id": 12 }, { "act_id": 470, "details": "13. (1) Where a child brought before a Court under this Act has a parent or guardian, such parent or guardian may in any case, and shall, if he can be found and if he resides within a reasonable distance, be required to attend the Court before which any proceeding is held under this Act, unless the Court is satisfied that it would be unreasonable to require his attendance. (2) Where the child is arrested, the officer in charge of the police-station to which he is brought shall forthwith inform the parent or guardian, if he can be found, of such arrest, and shall also cause him to be directed to attend the Court before which the child will appear and shall specify the date of such appearance. (3) The parent or guardian whose attendance shall be required under this section shall be the parent or guardian having the actual charge of, or control over, the child: Provided that if such parent or guardian is not the father, the attendance of the father may also be required. (4) The attendance of the parent of a child shall not be required under this section in any case where the child was, before the institution of the proceedings, removed from the custody or charge of his parent by an order of a Court. (5) Nothing in this section shall be deemed to require the attendance of the mother or female guardian of a child, but any such mother or female guardian may appear before the Court by an advocate or agent.", "name": "Attendance at Court of parent of a child charged with offence, etc.", "related_acts": "", "section_id": 13 }, { "act_id": 470, "details": "14. (1) When a child, who has been brought before a Court under any of the provisions of this Act, is found to be suffering from a disease requiring prolonged medical treatment, or a physical or mental complaint that is likely to respond to treatment, the Court may send the child to a hospital or to any other place recognised to be an approved place in accordance with the rules made under this Act for such period as it may think necessary for the required treatment. (2) Where a Court has taken action under sub-section (1) in the case of child suffering from an infectious or contagious disease, the Court, before restoring the said child to his partner in marriage, if there is one, or to the guardian, as the case may be, shall, where it is satisfied that such action will be in the interest of the said child, call upon his partner in marriage or the guardian, as the case may be, to satisfy the Court by submitting to medical examination that such partner or guardian will not re-infect the child in respect of whom the order has been passed.", "name": "Committal to approved place of child suffering from dangerous disease", "related_acts": "", "section_id": 14 }, { "act_id": 470, "details": "15. For the purpose of any order which a Court has to pass under this Act, the Court shall have regard to the following factors:- (a)\tthe character and age of the child; (b)\tthe circumstances in which the child is living; (c)\tthe reports made by the Probation Officer; and (d)\tsuch other matters as may, in the opinion of the Court, require to be taken into consideration in the interest of the child: Provided that where a child is found to have committed an offence, the above factors shall be taken into consideration after the Court has recorded a finding against him to that effect.", "name": "Factors to be taken into consideration in passing orders by Courts", "related_acts": "", "section_id": 15 }, { "act_id": 470, "details": "16. The report of the Probation Officer or any other report considered by the Court under section 15 shall be treated as confidential: Provided that if such report relates to the character, health or conduct of, or the circumstances in which, the child or the parent or guardian of such child is living, the Court may, if it thinks expedient, communicate the substance thereof to the child, or the parent or guardian concerned and may give the child or the parent or guardian of such child an opportunity to produce evidence as may be relevant to the matters stated in the report.", "name": "Reports of Probation Officers and other reports to be treated confidential", "related_acts": "", "section_id": 16 }, { "act_id": 470, "details": "17. No report in any newspaper, magazine or news-sheet nor any news giving agency shall disclose any particular of any case or proceeding in any Court under this Act in which a child is involved and which leads directly or indirectly to the identification of such child, nor shall any picture of such child be published: Provided that, for reasons to be recorded in writing, the Court trying the case or holding the proceeding may permit the disclosure of any such report, if, in its opinion, such disclosure is in the interest of child welfare and is not likely to affect adversely the interest of the child concerned.", "name": "Prohibition on publication of report disclosing identity, etc., of child involved in cases", "related_acts": "", "section_id": 17 }, { "act_id": 470, "details": "18. Except as expressly provided under this Act or the rules made thereunder, the procedure to be followed in the trial of cases and the holding of proceedings under this Act shall be in accordance with the provisions of the Code.", "name": "Provisions of Criminal Procedure Code, 1898, to apply unless excluded", "related_acts": "", "section_id": 18 }, { "act_id": 470, "details": "19. (1) The Government may establish and maintain training institute for the reception of children and youthful offenders. (2) The Government may certify that any training institute not established under sub-section (1) or any industrial school or other educational institution is fit for the reception of children or youthful offenders.", "name": "Establishment and certification of Institutes", "related_acts": "", "section_id": 19 }, { "act_id": 470, "details": "20. The Government may establish and maintain remand homes for the purposes of detention, diagnosis and classification of children committed to custody by any Court or Police.", "name": "Remand Homes", "related_acts": "", "section_id": 20 }, { "act_id": 470, "details": "21. The Government may prescribe conditions subject to which any training institute, industrial school, educational institution or approved home shall be certified or recognised, as the case may be, for the purposes of this Act.", "name": "Conditions for certification or recognition of institutes, etc.", "related_acts": "", "section_id": 21 }, { "act_id": 470, "details": "22. (1) For the control and management of every training institute established under section 19 (1), a superintendent and a committee of visitors shall be appointed by the Government, and such superintendent and committee shall be deemed to be managers of the institute for the purposes of this Act. (2) Every institute, school or institution certified under section 19 (2) shall be under the management of its governing body, the members of which shall be deemed to be the managers of the institute, school or institution for the purposes of this Act.", "name": "Management of certified institutes", "related_acts": "", "section_id": 22 }, { "act_id": 470, "details": "23. The managers of a certified institute shall be consulted by the Court before any child is committed to it.", "name": "Consultation with managers", "related_acts": "", "section_id": 23 }, { "act_id": 470, "details": "24. Any registered medical practitioner empowered in this behalf by the Government may visit any certified institute or approved home at any time with or without notice to its managers or other persons in charge thereof in order to report to the Chief Inspector on the health of the inmates and the sanitary condition of the certified institute or approved home.", "name": "Medical inspection of certified institutes and approved homes", "related_acts": "", "section_id": 24 }, { "act_id": 470, "details": "25. The Government, if dissatisfied with the management of a certified institute, may at any time by notice served on the managers of the institute declare that the certificate of the institute is withdrawn as from a date specified in the notice and on such date the withdrawal of the certificate shall take effect and the institute shall cease to be certified institute: Provided that before the issue of such notice a reasonable opportunity shall be given to the managers of the certified institute to show cause why the certificate shall not be withdrawn.", "name": "Power of the Government to withdraw certificate", "related_acts": "", "section_id": 25 }, { "act_id": 470, "details": "26. The managers of a certified institute may, on giving six months' notice in writing to the Government through the Chief Inspector of their intention so to do, resign the certificate of the institute and accordingly at the expiration of six months from the date of notice, unless before that time the notice is withdrawn, the resignation of the certificate shall take effect and the institute shall cease to be a certified institute.", "name": "Resignation of certificate by managers", "related_acts": "", "section_id": 26 }, { "act_id": 470, "details": "27. A child or youthful offender shall not be received into a certified institute under this Act after the date of receipt by the managers of the institute of a notice of withdrawal of the certificate or after the date of a notice of resignation of the certificate: Provided that the obligation of the managers to teach, train, lodge, cloth and feed any child or youthful offender detained in the institute at the respective dates aforesaid shall, except so far as the Government otherwise directs, continue until the withdrawal or resignation of the certificate takes effect.", "name": "Effect of withdrawal or resignation of certificate", "related_acts": "", "section_id": 27 }, { "act_id": 470, "details": "28. When an institute ceases to be a certified institute, the children or youthful offenders detained therein shall be either discharged absolutely or on such conditions as the Government may impose or may be transferred by order of the Chief Inspector to some other certified institute in accordance with the provisions of this Act relating to discharge and transfer.", "name": "Disposal of inmates on withdrawal or resignation of certificate", "related_acts": "", "section_id": 28 }, { "act_id": 470, "details": "29. Every certified institute and approved home shall be liable to inspection at all times and in all its departments by the Chief Inspector, Inspector or Assistant Inspector of certified institutes and shall be so inspected at least once in every six months: Provided that where any such certified institute is for the reception of girls only and such inspection is not made by the Chief Inspector, the inspection shall, wherever practicable, be made by a woman authorised by the Chief Inspector in that behalf.", "name": "Inspection of certified institutes and approved homes", "related_acts": "", "section_id": 29 }, { "act_id": 470, "details": "30. (1) The Government may appoint a Chief Inspector of certified institutes and such number of Inspectors and Assistant Inspectors of certified institutes as it thinks fit to assist the Chief Inspector. (2) The Chief Inspector shall have such powers and duties as this Act specifies and as may be prescribed. (3) Every Inspector or Assistant Inspector shall have such of the powers and duties of the Chief Inspector as the Government may direct and shall act under the direction of the Chief Inspector.", "name": "Appointment of Chief Inspector, etc.", "related_acts": "", "section_id": 30 }, { "act_id": 470, "details": "31. (1) The Government may appoint a Probation Officer in each district: Provided that where there is no person so appointed in a district, any other person may be appointed as a Probation Officer from time to time by a Court in that district for any particular case. (2) A Probation Officer, in the performance of his duties under this Act, shall be under supervision and guidance of the Juvenile Court where such Court exists or, where there is no such Court, the Court of Session. (3) A Probation Officer shall, subject to the rules made under this Act and to the directions of the Court- (a)\tvisit or receive visits from the child at reasonable intervals; (b)\tsee that the relative of the child or the person to whose care such child is committed observes the conditions of the bond; (c)\treport to the Court as to the behaviour of the child; (d)\tadvise, assist and befriend the child and, where necessary, endeavour to find him suitable employment; and (e)\tperform any other duty which may be prescribed.", "name": "Appointment of Probation Officers", "related_acts": "", "section_id": 31 }, { "act_id": 470, "details": "32. (1) A Probation Officer or a Police Officer not below the rank of Sub-Inspector of Police or any other person authorised by the Government in this behalf may bring before a Juvenile Court or a Court empowered under section 4 any person who, in his opinion, is a child and who- (a)\thas no home, settled place of abode or visible means of subsistence, or no parent or guardian exercising regular and proper guardianship; or (b)\tis found begging or is found doing for a consideration any act under circumstances contrary to the well being of the child; or (c)\tis found destitute and his parent or other guardian is undergoing transportation or imprisonment; or (d)\tis under the care of a parent or guardian who habitually neglects or cruelly ill-treats the child; or (e)\tis generally found in the company of any reputed criminal or prostitute not being his parent or guardian; or (f)\tis residing in or frequenting a house used by a prostitute for the purpose of prostitution and is not the child of that prostitute; or (g)\tis otherwise likely to fall into bad association or to be exposed to moral danger or to enter upon a life of crime. (2) The Court before which a child referred to in sub-section (1) is brought shall examine the information and record the substance of such examination, and, if it thinks there are sufficient grounds for making further inquiry, it shall fix a date for the purpose. (3) On the date fixed for the inquiry under sub-section (2) or on any subsequent date to which the proceedings may be adjourned, the Court shall hear and record all relevant evidence which may be adduced for and against any action that may be taken under this Act and may make any further inquiry it thinks fit. (4) If the Court is satisfied on such inquiry that such person is a child as described in sub-section (1) and that it is expedient so to deal with him, the Court may order him to be sent to a certified institute or approved home or may order him to be committed in the prescribed manner to the care of a relative or other fit person named by the Court and willing to undertake such care, until such child attains the age of eighteen years, or for any shorter period. (5) The Court which makes an order committing a child to the care of a relative or other fit person may, when making such order, require such relative or other person to execute a bond, with or without sureties, as the Court may require, to be responsible for the good behaviour of the child and for the observance of such other conditions as the Court may impose for securing that the child may lead an honest and industrious life. (6) The Court which makes an order committing a child to the care of a relative or other fit person under this section may, in addition order that he be placed under the supervision of a Probation Officer or other fit person named by the Court.", "name": "Children found homeless, destitute etc.", "related_acts": "", "section_id": 32 }, { "act_id": 470, "details": "33. (1) Where the parent or guardian of a child complains to a Juvenile Court or to a Court empowered under section 4 that he is unable to control the child, the Court may, if satisfied on inquiry that it is expedient so to deal with the child, order the child to be committed to a certified institute or an approved home for a period not exceeding three years. (2) The Court may also, if satisfied that home conditions are satisfactory and what is needed is supervision, instead of committing the child to a certified institute or approved home, place him under the supervision of a Probation Officer for a period not exceeding three years.", "name": "Un-controllable children", "related_acts": "", "section_id": 33 }, { "act_id": 470, "details": "34. If any person over the age of sixteen years, who has the custody, charge or care of any child assaults, ill-treats, neglects, abandons or exposes such child or causes such child to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause such child unnecessary suffering or injury to his health, including loss of sight or hearing or injury to limb or organ of the body and any mental derangement, such person shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka one thousand, or with both.", "name": "Penalty for cruelty to child", "related_acts": "", "section_id": 34 }, { "act_id": 470, "details": "35. Whoever employs any child for the purpose of begging, or causes any child to beg, or whoever having the custody, charge or care of a child, connives at or encourages his employment for the purpose of begging, or whoever uses a child as an exhibit for the purpose of begging, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka three hundred, or with both.", "name": "Penalty for employing children for begging", "related_acts": "", "section_id": 35 }, { "act_id": 470, "details": "36. If any person is found drunk in any public place, whether a building or not, while having the charge of a child, and if such person is incapable by reason of his drunkenness of taking due care of the child, such person shall be punishable with fine which may extend to Taka one hundred.", "name": "Penalty for being drunk while in charge of child", "related_acts": "", "section_id": 36 }, { "act_id": 470, "details": "37. Whoever in any public place, whether a building or not, gives or causes to be given to any child any intoxicating liquor or dangerous drug except upon the order of a duly qualified medical practitioner in case of sickness or other urgent cause shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka five hundred, or with both.", "name": "Penalty for giving intoxicating liquor or dangerous drug to child", "related_acts": "", "section_id": 37 }, { "act_id": 470, "details": "38. Whoever takes a child to any place where intoxicating liquor or dangerous drugs are sold, or being the proprietor, owner or a person in charge of such place, permits a child to enter such place, or whoever causes or procures a child to go to such place, shall be punishable with fine which may extend to Taka five hundred.", "name": "Penalty for permitting child to enter places where liquor or dangerous drugs are sold", "related_acts": "", "section_id": 38 }, { "act_id": 470, "details": "39. Whoever by words either spoken or written or by signs or otherwise incites or attempts to incite a child to make any bet or wager or to enter into or take any share or interest in any betting or wagering transaction or so incites a child to borrow money or to enter into any transaction involving the borrowing of money shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka two hundred, or with both.", "name": "Penalty for inciting child to bet or borrow", "related_acts": "", "section_id": 39 }, { "act_id": 470, "details": "40. Whoever takes an article on pledge from a child, whether offered by that child on his own behalf or on behalf of any person, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka five hundred, or with both.", "name": "Penalty for taking on pledge or purchasing articles from child", "related_acts": "", "section_id": 40 }, { "act_id": 470, "details": "41. Whoever allows or permits a child over the age of four years to reside in or frequently to go to a brothel shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka one thousand, or with both.", "name": "Penalty for allowing child to be in brothel", "related_acts": "", "section_id": 41 }, { "act_id": 470, "details": "42. Whoever having the actual charge of, or control over, a girl under the age of sixteen years causes or encourages the seduction or prostitution of that girl or causes or encourages any person other than her husband to have sexual intercourse with her shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka one thousand, or with both. Explanation. For the purposes of this section, a person shall be deemed to have caused or encouraged the seduction or prostitution of a girl if he has knowingly allowed the girl to consort with, or to enter or continue in the employment of, any prostitute or person of known immoral character.", "name": "Penalty for causing or encouraging seduction", "related_acts": "", "section_id": 42 }, { "act_id": 470, "details": "43. If it appears to a Court on the complaint of any person that a girl under the age of sixteen years is, with or without the knowledge of her parent or guardian, exposed to the risk of seduction or prostitution, the Court may direct the parent or guardian to enter into a recognisance to exercise due care and supervision in respect of such girl.", "name": "Young girls exposed to risk or seduction", "related_acts": "", "section_id": 43 }, { "act_id": 470, "details": "44. (1) Whoever secures a child ostensibly for the purpose of menial employment or for labour in a factory or other establishment, but in fact exploits the child for his own ends, withholds or lives on his earnings, shall be punishable with fine which may extend to Taka one thousand. (2) Whoever secures a child ostensibly for any of the purposes mentioned in sub-section (1), but exposes such child to the risk of seduction, sodomy, prostitution or other immoral conditions shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka one thousand, or with both. (3) Any person who avails himself of the labour of a child exploited in the manner referred to in sub-section (1) or sub-section (2), or for whose immoral gratification such child is used, shall be liable as an abettor.", "name": "Penalty for exploitation of child employees", "related_acts": "", "section_id": 44 }, { "act_id": 470, "details": "45. Whoever- (a) Knowingly assists or induces, directly or indirectly, a child or youthful offender detained in or placed out on license from a certified institute or approved home to escape from the institute or home or from any person with whom he is placed out on license or any child to escape from the person to whose custody he is committed under this Act; or (b)\tKnowingly harbours, conceals or prevents from returning to certified institute or approved home or to any person with whom he is placed out on license or to the person to whose custody he is committed under this Act a child or youthful offender who has so escaped, or knowingly assist in so doing, shall be punishable with imprisonment for a term which may extend to two months, or with fine which may extend to Taka two hundred, or with both.", "name": "Penalty for abetting escape of child or youthful offender", "related_acts": "", "section_id": 45 }, { "act_id": 470, "details": "46. Whoever publishes any report or picture in contravention of the provisions of section 17 shall be punishable with imprisonment for a term which may extend to two months, or with fine which may extend to Taka two hundred, or with both.", "name": "Penalty for publication of report or pictures relating to child", "related_acts": "", "section_id": 46 }, { "act_id": 470, "details": "47. Notwithstanding anything contained in the Code, all offences under this part shall be cognizable.", "name": "Offence under this part cognizable", "related_acts": "", "section_id": 47 }, { "act_id": 470, "details": "48. Where a person apparently under the age of sixteen years is arrested on a charge of a non-bailable offence and cannot be brought forthwith before a Court, the officer-in-charge of the police-station to which such person is brought may release him on bail, if sufficient security is forthcoming, but shall not do so where the release of the person shall bring him into association with any reputed criminal or expose him to moral danger or where his release would defeat the ends of justice.", "name": "Bail of child arrested", "related_acts": "", "section_id": 48 }, { "act_id": 470, "details": "49. (1) Where a person apparently under the age of sixteen years having been arrested is not released under section 48, the officer-in-charge of the police-station shall cause him to be detained in a remand home or a place of safety until he can be brought before a Court. (2) A Court, on remanding for trial a child who is not released on bail, shall order him to be detained in a remand home or a place of safety.", "name": "Custody of child not enlarged on bail", "related_acts": "", "section_id": 49 }, { "act_id": 470, "details": "50. Immediately after the arrest of a child, it shall be the duty of the police officer, or any other person affecting the arrest, to inform the Probation Officer of such arrest in order to enable the said Probation Officer to proceed forthwith in obtaining information regarding his antecedents and family history and other material circumstances likely to assist the Court in making its order.", "name": "Submission of information to Probation Officer by police after arrest", "related_acts": "", "section_id": 50 }, { "act_id": 470, "details": "51. (1) Notwithstanding anything to the contrary contained in any law, no child shall be sentenced to death, transportation or imprisonment: Provided that when a child is found to have committed an offence of so serious a nature that the Court is of opinion that no punishment, which under the provisions of this Act it is authorised to inflict, is sufficient or when the Court is satisfied that the child is of so unruly or of so depraved character that he cannot be committed to a certified institute and that none of the other methods in which the case may legally be dealt with is suitable, the Court may sentence the child to imprisonment or order him to be detained in such place and on such conditions as it thinks fit: Provided further that no period of detention so ordered shall exceed the maximum period of punishment to which the child could have been sentenced for the offence committed: Provided further that at any time during the period of such detention the Court may, if it thinks fit, direct that in lieu of such detention the youthful offender be kept in a certified institute until he has attained the age of eighteen years. (2) A youthful offender sentenced to imprisonment shall not be allowed to associate with adult prisoners.", "name": "Restrictions on punishment of child", "related_acts": "", "section_id": 51 }, { "act_id": 470, "details": "52. Where a child is convicted of an offence punishable with death, transportation or imprisonment, the Court may, if it considers expedient so to deal with the child, order him to be committed to a certified institute for detention for a period which shall be not less than two and not more than ten years, but not in any case extending beyond the time when the child will attain the age of eighteen years.", "name": "Commitment of child to certified institute", "related_acts": "", "section_id": 52 }, { "act_id": 470, "details": "53. (1) A Court may, if it thinks fit, instead of directing any youthful offender to be detained in a certified institute under section 52, order him to be- (a)\tdischarged after due admonition, or (b)\treleased on probation of good conduct and committed to the care of his parent or guardian or other adult relative or other fit person on such parent, guardian, relative or person executing a bond, with or without sureties, as the Court may require, to be responsible for the good behaviour of the youthful offender for any period not exceeding three years, and the Court may also order that the youthful offender be placed under the supervision of a Probation Officer. (2) If it appears to the Court on receiving a report from the Probation Officer or otherwise that the youthful offender has not been of good behaviour during the period of his probation, it may, after making such inquiry as it deems fit, order the youthful offender to be detained in a certified institute for the unexpired of probation.", "name": "Power to discharge youthful offenders or to commit him to suitable custody", "related_acts": "", "section_id": 53 }, { "act_id": 470, "details": "54. (1) Where a child is convicted of an offence punishable with fine, the Court shall order that the fine be paid by the parent or guardian of the child, unless the Court is satisfied that the parent or guardian cannot be found or that he has not conduced to the commission of the offence by neglecting to exercise due care of the child.  (2) Where a parent or guardian is directed to pay a fine under sub-section (1), the amount may be recovered in accordance with the provision of the Code.", "name": "Power to order parent to pay fine, etc.", "related_acts": "", "section_id": 54 }, { "act_id": 470, "details": "55. (1) Any Probation Officer or police officer not below the rank of Assistant Sub-Inspector or a person authorised by the Government in this behalf may take to a place of safety any child in respect of whom there is reason to believe that an offence has been or is likely to be committed.\t(2) A child so taken to a place of safety and also any child who seeks refuge in a place of safety may be detained until he can be brought before a Court: Provided that such detention shall not, in the absence of a special order of the Court, exceed a period of twenty-four hours exclusive of the time necessary for journey from the place of detention to the Court. (3) The Court may thereupon make such order as hereinafter provided.", "name": "Detention of child in place of safety", "related_acts": "", "section_id": 55 }, { "act_id": 470, "details": "56. (1) Where it appears to the Court that there is reason to believe that an offence as stated in section 55 has been committed or is likely to be committed in respect of any child who is brought before it and that it is expedient in the interest of the child that action should be taken under this Act, the Court may make such order as circumstances may admit and require for the care and detention of the child until a reasonable time has elapsed for the institution of proceedings against the person for having committed the offence in respect of the child or for the purpose of taking such other lawful action as may be necessary. (2) The order of detention made under sub-section (1) shall remain in force until such time as the proceedings instituted against any person for an offence referred to in sub-section (1) terminate in either conviction, discharge or acquittal. (3) An order passed under this section shall be given effect to notwithstanding that any person claims the custody of the child.", "name": "Court’s power for care and detention of child", "related_acts": "", "section_id": 56 }, { "act_id": 470, "details": "57. Any Court by which a person is convicted of having committed an offence in respect of a child or before which a person is brought for trial for any such offence shall direct the child concerned to be produced before a Juvenile Court or, where there is no Juvenile Court, a Court empowered under section 4 for making such orders as it may deem proper.", "name": "Victimised child to be sent to Juvenile Court", "related_acts": "", "section_id": 57 }, { "act_id": 470, "details": "58. The Court before which a child is produced in accordance with section 57 may order the child- (a)\tto be committed to a certified institute or an approved home until such child attains the age of eighteen years or, in exceptional cases, for a shorter period, the reasons for such shorter period to be recorded in writing, or  (b)\tto be committed to the care of a relative or other fit person on such bond, with or without surety, as the Court may require, such relative or fit person being willing and capable of exercising proper care, control and protection of the child and of observing such other conditions including, where necessary, supervision for any period not exceeding three years, as the Court may impose in the interest of the child: Provided that, if the child has a parent or guardian fit and capable, in the opinion of the Court, of exercising proper care, control and protection, the Court may allow the child to remain in his custody or may commit the child to his care on bond, with or without surety, in the prescribed form and for the observance of such conditions as the Court may impose in the interest of the child.", "name": "Order for committal of victimised children", "related_acts": "", "section_id": 58 }, { "act_id": 470, "details": "59. The Court which makes an order committing a child to the care of his parent, guardian or other fit person under the foregoing provisions may, in addition, order that he be placed under supervision.", "name": "Supervision of victimised children", "related_acts": "", "section_id": 59 }, { "act_id": 470, "details": "60. If it appears to the Court on receiving a report from the Probation Officer or otherwise that there has been a breach of the supervision order relating to the child in respect of whom the supervision order had been passed, it may, after making such inquiries as it deems fit, order the child to be detained in a certified institute.", "name": "Breach of supervision", "related_acts": "", "section_id": 60 }, { "act_id": 470, "details": "61. (1) If it appears to a Juvenile Court or a Court empowered under section 4 from information on oath or solemn affirmation laid by any person who, in its opinion, is acting in the interest of the child that there is reasonable cause to suspect that an offence has been or is being committed or unless immediate steps be taken will be committed in respect of the child, the Court may issue a warrant authorising any police officer named therein to search for such child and if it is found that he has been or is being wilfully ill-treated or neglected in the manner hereinbefore stated or that any offence has been or is being committed in respect of the child, to take him to and detain him in a place of safety until he can be brought before it and the Court before which the child is brought may, in the first instance, remand him in the prescribed manner to a place of safety. (2) The Court issuing a warrant under this section may, by the same warrant, direct that any person accused of any offence in respect of the child be apprehended and brought before it or direct that if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court the officer to whom the warrant is directed shall take such security and shall release such person from custody. (3) The police officer executing the warrant shall be accompanied by the person laying the information if such person so desires and may also, if the Court by which the warrant is issued so directs, be accompanied by a duly qualified medical practitioner. (4) In any information or warrant under this section the name of the child shall be given, if known.", "name": "Warrant to search for child", "related_acts": "", "section_id": 61 }, { "act_id": 470, "details": "62. (1) The Court which makes an order for the detention of a child or youthful offender in a certified institute or approved home or for the committal of a child or youthful offender to the care of a relative or fit person may make an order on the parent or other person liable to maintain the child or youthful offender, to contribute to his maintenance, if able to do so, in the prescribed manner. (2) The Court before making any order under sub-section (1) shall enquire into the circumstances of the parent or other person liable to maintain the child or youthful offender and shall record evidence, if any, in the presence of the parent or such other person, as the case may be. (3) Any order made under this section may be varied by the Court on an application made to it by the party liable or otherwise. (4) The person liable to maintain a child or youthful offender shall, for the purposed of sub-section (1), include in the case of illegitimacy his putative father: Provided that, where the child or youthful offender is illegitimate and an order for his maintenance has been made under section 488 of the Code, the Court shall not ordinarily make an order for contribution against the putative father but may order the whole or any part of the sums accruing due under the said order for maintenance to be paid to such person as may be named by the Court and such sums shall be applied by him towards the maintenance of the child or youthful offender. (5) Any order under this section may be enforced in the same manner as an order under section 488 of the Code.", "name": "Contribution of parent", "related_acts": "", "section_id": 62 }, { "act_id": 470, "details": "63. (1) In determining the certified institute, approved home or fit person or other person to whose custody a child is to be committed under this Act, the Court shall ascertain the religious denomination of the child and shall, if possible, in selecting such certified institute, approved home or fit person have regard to the facilities which are afforded for instruction in his religion. (2) When a child is committed to the care of a certified institute or approved home in which facilities for instruction in his religion are not afforded, or is entrusted to the care of a fit person who has no special facilities for the bringing up of the child in his religion, the authorities of such certified institute or approved home, or such fit person shall not bring the child up in any religion other than his own. (3) Where it is brought to the notice of the Chief Inspector that a breach of sub-section (2) has been committed, the Chief Inspector may transfer the child from the custody of such certified institute, approved home or fit person to any other certified institute or approved home as he may deem proper.", "name": "Provision as to religion", "related_acts": "", "section_id": 63 }, { "act_id": 470, "details": "64. (1) When a youthful offender or child is detained in a certified institute or approved home, the managers of the institute or home may, at any time, with the consent in writing of the Chief Inspector, by licence, permit the youthful offender or child, on such conditions as may be prescribed, to live with any trustworthy and respectable person named in the licence willing to receive and take charge of him with a view to train him for some useful trade or calling. (2) Any licence so granted shall be in force until revoked or forfeited for the breach of any of the conditions on which it was granted. (3) The managers of the certified institute or approved home may, at any time by order in writing, revoke any such licence and order the youthful offender or child to return to the institute or home, as the case may be, and shall do so at the desire of the person to whom the youthful offender or child is licensed. (4) If the youthful offender or child refuses or fails to return to the certified institute or approved home, the managers of the institute, or home, as the case may be, may, if necessary, arrest him, or cause him to be arrested, and may take him, or cause him to be taken, back to the institute or home, as the case may be. (5) The time during which a youthful offender or child is absent from a certified institute or approved home in pursuance of a licence under this section shall be deemed to be part of the time of his detention in the institute or home, as the case may be: Provided that, when a youthful offender or child has failed to return to the institute or home, as the case may be, on the licence being revoked or forfeited, the time which elapses after his failure so to return shall be excluded in computing the time during which he is to be detained in the institute or home, as the case may be.", "name": "Placing out on licence", "related_acts": "", "section_id": 64 }, { "act_id": 470, "details": "65. (1) Notwithstanding anything to the contrary contained in any law for the time being in force, any police officer may arrest without a warrant a child or youthful offender who has escaped from a certified institute or approved home or from the supervision of a person under whose supervision he was directed to remain, and shall send the child or youthful offender back to the certified institute or approved home or the person, as the case may be, without registering any offence or prosecuting the child or youthful offender and the said child or youthful offender shall not be deemed to have committed any offence by reason of such escape. (2) When a child absconding from a certified institute or approved home has been arrested, he shall be detained in a place of safety pending his removal to the certified institute or approved home, as the case may be.", "name": "Action by police with escaped children", "related_acts": "", "section_id": 65 }, { "act_id": 470, "details": "66. (1) Whenever a person, whether charged with an offence or not, is brought before any criminal Court otherwise than for the purpose of giving evidence, and it appears to the Court that he is a child, the Court shall make an inquiry as to the age of that person and, for that purpose, shall take such evidence as may be forthcoming at the hearing of the case, and shall record a finding thereon, stating his age as nearly as may be. (2) An order or judgment of the Court shall not be invalidated by any subsequent proof that the age of such person has not been correctly stated by the Court, and the age presumed or declared by the Court to be the age of the person so brought before it shall, for the purposes of this Act be deemed to be the true age of that person and, where it appears to the Court that the person so brought before it is of the age of sixteen years or upwards, the person shall, for the purpose of this Act, be deemed not to be a child.", "name": "Presumption and determination of age", "related_acts": "", "section_id": 66 }, { "act_id": 470, "details": "67. (1) The Government may, at any time, order a child or youthful offender to be discharged from a certified institute or approved home, either absolutely or on such condition as the Government may specify. (2) The Government may, at any time, discharge a child from the care of any person to whose care he is committed under this Act, either absolutely or on such conditions as the Government may specify.", "name": "Discharge", "related_acts": "", "section_id": 67 }, { "act_id": 470, "details": "68. (1) The Government may order any child or youthful offender to be transferred from one certified institute or approved home to another. (2) The Chief Inspector may order any child to be transferred from one certified institute or approved home to another.", "name": "Transfer between institutions", "related_acts": "", "section_id": 68 }, { "act_id": 470, "details": "69. (1) If in any case in which information has been laid by any person under the provisions of section 61, the Court after such inquiry as it may deem necessary is of opinion that such information is false and either frivolous or vexatious, the Court may, for reasons to be recorded in writing, direct that compensation to such an amount not exceeding Taka one hundred as it may determine be paid by such informer to the person against whom the information was laid. (2) Before making any order for the payment of the compensation, the Court shall call upon the informer to show cause why he should not pay compensation and shall consider any cause which such informer may show. (3) The Court may by the order directing payment of the compensation further order that in default of payment the person ordered to pay such compensation shall suffer simple imprisonment for a term not exceeding thirty days. (4) When any person is imprisoned under sub-section (3), the provisions of sections 68 and 69 of the Penal Code (XLV of 1860), shall, so far as may be, apply. (5) No person who has been directed to pay compensation under this section shall by reason of such order be exempted from any civil liability in respect of the information, but any amount paid as compensation shall be taken into account in any subsequent civil suit relating to such matter.", "name": "Compensation for false information", "related_acts": "", "section_id": 69 }, { "act_id": 470, "details": "70. When a child is found to have committed any offence, the fact that he has been so found shall not have any effect under section 75 of the Penal Code (XLV of 1860), or section 565 of the Code or operate as a disqualification for any office, employment or election under any law.", "name": "Removal of disqualification attaching to conviction", "related_acts": "", "section_id": 70 }, { "act_id": 470, "details": "71. Save as provided in this Act, the words ÔÇÿconviction' and ÔÇÿsentenced' shall cease to be used in relation to children or youthful offenders dealt with under this Act, and any reference in any enactment to a person convicted, a conviction or a sentence shall, in the case of a child or youthful offender be construed as a reference to a person found guilty of an offence, a finding of guilty or an order made upon such a finding, as the case may be.", "name": "Words ÔÇÿconviction’ and ÔÇÿsentenced’ not to be used in relation to children", "related_acts": "", "section_id": 71 }, { "act_id": 470, "details": "72. Any person to whose care a child is committed under the provisions of this Act shall, while the order is in force, have the like control over the child as if he were his parent, and shall be responsible for his maintenance, and the child shall continue in his care for the period stated by the Court notwithstanding that he is claimed by his parent or any other person.", "name": "Custodian’s control over child", "related_acts": "", "section_id": 72 }, { "act_id": 470, "details": "73. The provisions of Chapter XLII of the Code shall, so far as may be, apply to bonds taken under this Act.", "name": "Bonds taken under the Act", "related_acts": "", "section_id": 73 }, { "act_id": 470, "details": "74. The Chief Inspector, Inspectors, Assistant Inspectors, Probation Officers and other persons authorised or entitled to act under any of the provisions of this Act shall be deemed to be public servants within the meaning of section 21 of the Penal Code (XLV of 1860).", "name": "Chief Inspector, Probation Officers, etc. to be public servants", "related_acts": "", "section_id": 74 }, { "act_id": 470, "details": "75. No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act.", "name": "Protection of action taken under the Act", "related_acts": "", "section_id": 75 }, { "act_id": 470, "details": "76. (1) Notwithstanding anything contained in the Code, an appeal from an order made by a Court under the provisions of this Act shall lie- (a)\tif the order passed by a Juvenile Court or a Magistrate empowered under section 4, to the Court of Session; and (b)\tif, the order is passed by a Court of Session or Court of an Additional Sessions Judge or of an Assistant Sessions Judge, to the High Court Division. (2) Nothing in this Act shall affect the powers of the High Court Division to revise any order passed by a Court under this Act.", "name": "Appeals and revisions", "related_acts": "", "section_id": 76 }, { "act_id": 470, "details": "77. (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 procedure to be followed by Juvenile Courts and other Courts empowered under section 4 in the trial of cases and the hearing of proceedings under this Act; (b)\tthe places at which, dates on which and the manner in which a Juvenile Court shall hold its sittings under section 7 (1); (c)\tthe conditions subject to which institutions, industrial schools or other educational institutions shall be certified or approved home shall be recognised for the purposes of this Act; (d)\tthe establishment, certification, management, maintenance, records and accounts of certified institutes; (e)\tthe education and training of inmates of certified institutes and the leave of absence of such inmates; (f)\tthe appointment of visitors and their tenure of office; (g)\tthe inspection of certified institutes and approved homes; (h)\tthe internal management and discipline of certified institutes and approved homes; (i)\tthe conditions subject to which institutions shall be recognised as approved places for the purpose of section 14 (1); (j)\tthe powers and duties of the Chief Inspector and Probation Officers; (k)\tthe manner of authorising persons for the purposes of sections 32 and 55; (l)\tthe form of bond under the proviso to section 58; (m)\tthe manner in which a child shall be remanded to a place of safety under section 61 (1);  (n)\tthe manner in which contribution for the maintenance of child may be ordered to be paid under section 62 (1); (o)\tthe condition under which a child may be released on licence and the form of such licence under section 64; (p)\tthe conditions subject to which a child may be committed to the care of any person under this Act and the obligations of such person towards the child so committed; and (q)\tthe manner of detention of a child under arrest or remanded to police custody or committed for trial.", "name": "Power to make rules", "related_acts": "", "section_id": 77 }, { "act_id": 470, "details": "78. (1) The Bengal Children Act, 1922 (Ben. Act II of 1922), is hereby repealed. (2) The Reformatory Schools Act, 1897 (VIII of 1897), shall be deemed to be repealed in any area in which this Act is brought into force under section 1 (3) from the date of such enforcement. (3) The provisions of section 29B and 399 of the Code shall cease to apply to any area in which this Act shall be brought into force.", "name": "Repeals etc.", "related_acts": "", "section_id": 78 } ], "text": "An Act to consolidate and amend the law relating to the custody, protection and treatment of children and trial and punishment of youthful offenders. WHEREAS it is expedient to consolidate and amend the law relating to the custody, protection and treatment of children and trial and punishment of youthful offenders; It is hereby enacted as follows:-" }

{ "id": 471, "lower_text": [], "name": "The Appropriation (Supplementary) Act, 1974", "num_of_sections": 3, "published_date": "28th June, 1974", "related_act": [ 471 ], "repelled": false, "sections": [ { "act_id": 471, "details": "1. This Act may be called the Appropriation (Supplementary) Act, 1974.", "name": "Short title", "related_acts": "471", "section_id": 1 }, { "act_id": 471, "details": "2. There may be paid and applied from and out of the Consolidated Fund sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of Taka two hundred seventy-eight crores, ninety-one lakhs and ninety-six thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1974, in respect of the services and purposes specified in column 2 of the Schedule.", "name": "Issue of Taka 278,91,96,000 out of the Consolidated Fund for the year 1973-74", "related_acts": "", "section_id": 2 }, { "act_id": 471, "details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirtieth day of June, 1974.", "name": "Appropriation", "related_acts": "", "section_id": 3 } ], "text": "An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1974. WHEREAS it is expedient to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1974. It is hereby enacted as follows:-" }

{ "id": 472, "lower_text": [], "name": "The Appropriation (Vote on Account) Act, 1974", "num_of_sections": 3, "published_date": "29th June, 1974", "related_act": [ 472 ], "repelled": false, "sections": [ { "act_id": 472, "details": "1. This Act may be called the Appropriation (Vote on Account) Act, 1974.", "name": "Short title", "related_acts": "472", "section_id": 1 }, { "act_id": 472, "details": "2. From and out of the Consolidated Fund there may be withdrawal sums not exceeding those specified in column 3 of the Schedule to this Act, amounting in the aggregate to the sum of Taka two hundred and sixty-six crores, eighty-seven lakhs and thirty-two thousand towards defraying the several charges which will come in course of payment during a part of the financial year 1974-75.", "name": "Withdrawal of Taka 266,87,32,000 from and out of the Consolidated Fund for a part of the financial year 1974-75", "related_acts": "", "section_id": 2 }, { "act_id": 472, "details": "3. The sums authorised to be withdrawn from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the part of the said financial year.", "name": "Appropriation", "related_acts": "", "section_id": 3 } ], "text": "An Act to provide for the withdrawal of certain sums from and out of the Consolidated Fund for the services of a part of the financial year 1974-75. WHEREAS it is expedient to provide for the withdrawal of certain sums from and out of the Consolidated Fund of the People’s Republic of Bangladesh for services of a part of the financial year 1974-75. It is hereby enacted as follows:-" }

{ "id": 473, "lower_text": [ "1 The words and figures “cess under section 22” were substituted for the words, figures and commas “tax or toll leviable under sections 14, 15, 16, 17, 20, 21, and 22 ” by section 10 of the Finance Act, 1975 (Act No. III of 1975)", "2 Sub-section (1) was substituted by section 10 of the Finance Act, 1975 (Act No. III of 1975)" ], "name": "The Finance Act, 1974", "num_of_sections": 27, "published_date": "29th June, 1974", "related_act": [ 354, 98, 484, 76, 77, 206, 269, 283, 209, 241, 432, 473, 155 ], "repelled": false, "sections": [ { "act_id": 473, "details": "1. (1) This Act may be called the Finance Act, 1974. (2) Subject to the Provisional Collection of Taxes Act, 1931 (XVI of 1931), and the declaration made thereunder, this Act shall, except as otherwise provided, come into force on the 1st day of July, 1974.", "name": "Short title and commencement", "related_acts": "473,155", "section_id": 1 }, { "act_id": 473, "details": "2. In the Post Office Act, 1898 (VI of 1898), for the First Schedule thereto, the Schedule set out in the First Schedule to this Act shall be substituted.", "name": "Amendment of Act VI of 1898", "related_acts": "76", "section_id": 2 }, { "act_id": 473, "details": "3. In the Stamp Act, 1899 (II of 1899),- (a)\tin section 34, for the words “fifteen paisa” the words “thirty poisha” shall be substituted; and (b)\tin Schedule 1A, in Article 53, in the second column, for the words “fifteen paisa” the words “thirty poisha” shall be substituted.", "name": "Amendment of Act II of 1899", "related_acts": "77", "section_id": 3 }, { "act_id": 473, "details": "4. The following amendments shall be made in the Income-tax Act, 1922 (XI of 1922), namely:- (1) throughout the Act,- (a)\tfor the words “Pakistan Penal Code” wherever occurring the words “Penal Code” shall be substituted; and (b)\tfor the words “Bangladesh Law” or “a Bangladesh Law” wherever occurring the words “Act of Parliament” or “an Act of Parliament” shall respectively be substituted;  (2) in section 2,- (a) \tclause (4a) shall be omitted; (b) \tin clause (4A), for sub-clause (iii) the following shall be substituted, namely:- “(iii) agricultural land in taxable territories, not being land situate- (i) \tin any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, town, or by any other name) or a cantonment board and which has a population of not less than ten thousand according to the last preceding census of which the relevant figures have been published before the first day of the previous year; or (ii) \tin any area within such distance, not being more than five miles, from the local limits of any municipality or cantonment board referred to in item (i), as the Government may, having regard to the extent of, and scope for, urbanisation of that area and other relevant considerations, specify in this behalf by notification in the official Gazette.”; (c)\tsub-clause (iv) shall be omitted; (d)\tin clause (6A), in the second proviso, for the words and figure “or section 12” the comma, words, figures and letter “, section 12 or section 14A” shall be substituted; (3) In section 4,- (a)\tin sub-section (1), in Explanation 3, for the word, figure and letter “section 15B” the words, figures and letters “section 14A or section 15B” shall be substituted; (b)\tin sub-section (3),- (i)\tfor clause (i) the following shall be substituted, namely:-  “(i)\tAny income derived from property held under trust or other legal obligation wholly for religious or charitable purposes, and in the case of property so held in part only for such purposes, the income applied, or finally set apart for application, thereto: Provided that where any income is not applied or is not deemed to have been applied to charitable or religious purposes in taxable territories during the previous year but is accumulated, or finally set apart, for application to such purposes in taxable territories, such income shall not be included in the total income of the previous year of the person in receipt of the income provided the following conditions are complied with, namely:- (a)\tsuch person specifies, by notice in writing given to the Income-tax Officer in the prescribed manner, the purpose for which the income is being accumulated or set apart and the period for which the income is to be accumulated or set apart, which shall in no case exceed ten years; (b)\tthe money so accumulated or set apart is- (i)\tinvested in any Government security as defined in clause (2) of section 2 of Public Debt Act, 1944, or in any other security which may be approved by the Government in this behalf, or (ii)\tdeposited in any account with the Post Office Savings Bank: Provided further that where any income which- (a)\tis applied to purposes other than charitable or religious purposes or ceases to be accumulated or set apart for application thereto, or (b) \tceases to remain invested in any security or deposited in any account referred to in the first proviso, or (c) \tis not utilised for the purpose for which it is so accumulated or set apart during the period preferred to in the first proviso or in the year immediately following the expiry thereof,  shall be deemed to be the income of such person of the previous year in which it is so applied or ceases to be so accumulated or set apart or ceases to remain so invested or deposited or, as the case may be, of the previous year immediately following the expiry of the period aforesaid: Provided further that for the purposes of this clause “property held under trust or other legal obligation” includes a business undertaking so held and where a claim is made that the income of any such undertaking shall not be included in the total income of the person in receipt thereof, the Income-tax Officer shall have the power to determine the income of such undertaking in accordance with the provisions of this Act relating to assessment; and where any income so determined is in excess of the income as shown in the accounts of the undertaking, such excess shall be deemed to be applied to purposes other than charitable or religious purposes;”; (ii)\tin clause (xiiiaa), for the words “Pakistani firm” occurring twice, the words “Bangalee firm” shall be substituted; (4) in section 10,- (a)\tsub-section (2), in clause (vii), in the third proviso, for the words “such export to transfer” the words “such export or transfer” shall be substituted; (b)\tin sub-section (3A),- (i)\tfor the words “by person other than the assessee” the words “by any person other than the assessee” shall be substituted; and (ii)\tfor the words “computation of excess” the words “computation of any excess” shall be substituted; (c)\tIn sub-section (3B),- (i)\tfor the words “local authority or person” the words “local authority or any person” shall be substituted; (ii)\tfor the words “under of the said clauses” the words “under any of the said clauses” shall be substituted;  (iii)\tfor the words “apply to donation” the words “apply to any donation” shall be substituted; (5) \tin section 14, sub-section (5) shall be omitted; (6) after section 14, the following new section 14A shall be inserted , namely:- “14A. Tax holiday for certain new industrial investments.- (1) Subject to the provisions of this Act, the income, profits and gains of an industrial undertaking set up in taxable territories between the first day of July, 1973, and the thirtieth day of June, 1978 (both dates inclusive), shall be exempt from the income-tax and super-tax payable under this Act for a period of five years beginning with the month in which the commercial production of the undertaking is commenced. (2) The exemption under sub-section (1) shall apply to an industrial undertaking which fulfils the following conditions, namely:- (a)\tthat it is owned and managed by a company formed and registered under the Companies Act, 1913 or a body corporate formed in pursuance of an Act of Parliament, having- (i)\tits registered office in taxable territories; (ii)\ta subscribed and paid up capital of not less than one lakh taka and not more than thirty-five lakhs taka; and (iii)\tits capital wholly subscribed by Bangalees; (b)\tthat it belongs to the class of industries specified in the Industrial Investment Schedule issued by the Government for the purpose of this section; (c)\tthat as respects the industrial undertaking set up in the areas notified by the National Board of Revenue in this behalf in the official Gazette not less than sixty per cent of the income, profits and gains exempted under this section are reinvested in the industrial undertaking from which such income, profits and gains have been derived or are invested in the purchase of bonds issued by the Government:  Provided that in the case of an industrial undertaking set up in areas other than the areas as referred to above, this clause shall have effect as if for the words “sixty per cent” the words “thirty per cent” were substituted; (d) that an application for exemption in the prescribed form and verified in the prescribed manner has been made to the National Board of Revenue within four months of the month in which the undertaking goes into commercial production: Provided that in respect of any undertaking which was set up and the commercial production of which commenced on any day between the first day of July, 1973 and the thirtieth day of June, 1974, the period of four months shall be reckoned from the first day of July, 1974; (e) that it is approved by the National Board of Revenue for purposes of this section: Provided that an industrial undertaking approved under this clause may, not later than six months from the date of approval, apply in writing to the National Board of Revenue for the cancellation of such approval, and the National Board of Revenue may pass such orders thereon as it may deem fit: Provided further that where any exemption has been allowed under sub-section (1) and it is subsequently discovered by the Income-tax Officer that any one or more of the conditions specified in this sub-section was or were not fulfilled, as the case may be, the exemption originally allowed shall be deemed to have been wrongly allowed and the Income-tax Officer may, notwithstanding anything contained in this Act, recompute the total income of the assessee for the relevant previous year and the provisions of section 34 shall, so far as may be, apply thereto, the period of four years specified under sub-section (2) of that section being reckoned from the end of the assessment year relevant to the previous year in which the infringement was discovered. (3) \tThe profits and gains of an industrial undertaking to which this section applies shall be computed in accordance with the provisions of section 10: Provided that nothing contained in-  (i)\tclause (vi) of sub-section (2) of section 10 in so far as it relates to the further sum referred to therein; or (ii)\tclause (vii) of that sub-section; shall apply to such profits and gains derived by the undertaking in respect of the period specified in sub-section (1): Provided further that such profits and gains shall be computed separately from other income, profits and gains of the assessee, if any, and where the assessee sustains a loss from such undertaking, it shall be carried forward and set off against the profits and gains of the said undertaking for the following year and where it cannot be wholly so set off, the amount of the loss not so set off shall be carried forward to the next year and so on, but no loss shall be carried forward beyond the period for which the income, profits and gains of the undertaking are exempt under this section. (4) \tNothing contained in this section shall be deemed to exempt the following income of an industrial undertaking, namely:- (i)\tthe amount representing the face value of any bonus shares or the amount of any bonus declared, issued or paid by a company which owns and manages the industrial undertaking to its shareholders with a view to increasing the paid up capital; or (ii)\tany capital gains chargeable according to the provisions of section 12B. (5) The National Board of Revenue may make rules regulating the procedure for the grant of the exemption and any other matters connected with, or incidental to, the operation of this section.”; (7) \tin section 15CC, in sub-section (1), the comma, brackets, figure and letter “,(3A)” shall be omitted; (8) \tin section 15D, in sub-section (1),- (a)\tclause (cc) shall be omitted; (b)\tin the first proviso, for the colon at the end a fullstop shall be substituted; and (c)\tthe second proviso shall be omitted;  (9) in section 16, in sub-section (2), for the words “net Pakistan rate” the words “net Bangladesh rate” shall be substituted and shall be deemed to have been so substituted on the twenty-sixth day of March, 1971; (10) in section 17, in sub-section (5), in clause (b), in sub-clause (ii), for paragraph (2) the following shall be substituted, namely :- “(2)\tthe amount of the said income as reduced by an amount equal to fifty per cent of the amount of the said income.”; (11) in section 45, for the words “Income-tax Officer in his discretion” the words “Income-tax Officer may in his discretion” shall be substituted; (12) in section 46, in sub-section (8), for the word “National” the word “Central” shall be substituted; (13) in section 49D, for the words “Pakistan Income-tax” wherever occurring the words “Bangladesh Income-tax” shall be substituted and shall be deemed to have been so substituted on the twenty-sixth day of March, 1971; (14) in section 54, in sub-section (3),- (i)\tin clause (a), for the words “Bangladesh Penal Code” the words “Penal Code” shall be substituted; (ii)\tin clause (cc), the words and comma “a Provincial Government,” shall be omitted and shall be deemed to have been so omitted on the twenty-sixth day of March, 1971; and (iii)\tin clause (e), for the words “Comptroller and Auditor-General of Pakistan” the words “Comptroller and Auditor-General of Bangladesh” shall be substituted; (15) in section 54A, in sub-section (1), the word “Pakistan” shall be omitted; (16) in section 58F, in sub-section (1), for the words, brackets, figure and letter “computed in the manner laid down in sub-section (3A)” the words, brackets and figure “as specified in sub-section (3)” shall be substituted and shall be deemed to have been so substituted on the first day of July, 1971; (17) in the Second Schedule,- (a)\tin rule 4, the word “Pakistan” shall be omitted; and (b) in rule 7, the word “Pakistan” shall be omitted; and shall be deemed to have been so omitted on the twenty-sixth day of March, 1971; (18) in the Fourth Schedule, for the words “Pakistan tax” the words “Bangladesh tax” shall be substituted and shall be deemed to have been so substituted on the twenty-sixth day of March, 1971.", "name": "Amendment of Act XI of 1922", "related_acts": "209", "section_id": 4 }, { "act_id": 473, "details": "5. In the Amusement Tax Act, 1922 (Ben. Act V of 1922), in section 3 in the entries under the heading “Rate of tax”, for the figures “75”, “100” and “125” the figures “100”, “125” and “150” shall respectively be substituted.", "name": "Amendment of section 3 Ben. Act V of 1922", "related_acts": "", "section_id": 5 }, { "act_id": 473, "details": "6. In the Tariff Act, 1934 (XXXII of 1934), in the First Schedule, for heading number 73.13, in column 1 and the entries relating thereto in columns 2 and 3 the following shall be substituted, namely:- “73.13 Sheets and plates of iron or steel, hot-rolled or cold-rolled: A. Corrugated iron sheets\t\t..\t..\t50% ad val. B. Other ..\t..\t..\t\t..\t..\t40% ad val.”.", "name": "Amendment of Act XXXII of 1934", "related_acts": "", "section_id": 6 }, { "act_id": 473, "details": "7. In the Central Excises and Salt Act, 1944 (I of 1944), the First Schedule thereto shall be amended in the manner set out in the Second Schedule to this Act.", "name": "Amendment of Act I of 1944", "related_acts": "206", "section_id": 7 }, { "act_id": 473, "details": "8. In the Estate Duty Act, 1950 (X of 1950), in section 67, in sub-section (3), for the word, brackets, figure and letter “sub-section (5A)” the word, brackets, figures, comma and letters “sub-sections (1), (1A) and (5A)” shall be substituted.", "name": "Amendment of Act X of 1950", "related_acts": "", "section_id": 8 }, { "act_id": 473, "details": "9. In the Finance Act, 1950 (E. B. Act XVI of 1950), in section 3, in sub-section (1), in clause (d), for sub-clause (iii) the following shall be substituted, namely:- “(iii)(a)\tclearing, forwarding agents registered at a customs-port.\t2,000 (b)\tclearing, forwarding agents registered at a land customs-station or a customs-air-port.\t1,000”.", "name": "Amendment of E.B. Act XVI of 1950", "related_acts": "", "section_id": 9 }, { "act_id": 473, "details": "10. In the Finance Act, 1957 (E.P. Act X of 1957), in section 6, in sub-section (1), for the word and figure “annas 2” the word and figure “Taka 2.00” shall be substituted.", "name": "Amendment of E.P. Act X of 1957", "related_acts": "269", "section_id": 10 }, { "act_id": 473, "details": "11. In the Finance (Third) Ordinance, 1958 (E.P. Ord. LXXXII of 1958), in section 3, in sub-section (1), in the entries under heading “Rate of additional duty”, for the words “three”, “four” and “five” the words “four”, “five” and “seven and a half” shall respectively be substituted.", "name": "Amendment of section 3, E.P. Ord. LXXXII of 1958", "related_acts": "283", "section_id": 11 }, { "act_id": 473, "details": "12. In the Finance Act, 1966 (E.P. Act III of 1966), section 5 shall be repealed.", "name": "Amendment of E.P. Act III of 1966", "related_acts": "", "section_id": 12 }, { "act_id": 473, "details": "13. In the Customs Act, 1969 (IV of 1969), in section 193, after the words “this Act”, the words “not being an order passed under section 82” shall be inserted.", "name": "Amendment of Act IV of 1969", "related_acts": "354", "section_id": 13 }, { "act_id": 473, "details": "14. Tax on vessels.- Repealed by section 10 of the Finance Act, 1975 (Act No. III of 1975).", "name": "Repealed.", "related_acts": "484", "section_id": 14 }, { "act_id": 473, "details": "15. Tax on Motor vehicles carrying goods for hire.- Repealed by section 10 of the Finance Act, 1975 (Act No. III of 1975).", "name": "Repealed.", "related_acts": "484", "section_id": 15 }, { "act_id": 473, "details": "16. Tax on motor vehicles carrying goods otherwise than for hire.- Repealed by section 10 of the Finance Act, 1975 (Act No. III of 1975).", "name": "Repealed.", "related_acts": "484", "section_id": 16 }, { "act_id": 473, "details": "17. Toll on fares and freights.- Repealed by section 10 of the Finance Act, 1975 (Act No. III of 1975).", "name": "Repealed.", "related_acts": "484", "section_id": 17 }, { "act_id": 473, "details": "18. Import licence tax.- Repealed by section 2 of the Finance(Amendment) Act, 1975 (Act No. XXXVII of 1975).", "name": "Repealed.", "related_acts": "", "section_id": 18 }, { "act_id": 473, "details": "19. Exchange tax.- Repealed by section 2 of the Finance(Amendment) Act, 1975 (Act No. XXXVII of 1975).", "name": "Repealed.", "related_acts": "", "section_id": 19 }, { "act_id": 473, "details": "20. Tax on house-rent.- Repealed by section 10 of the Finance Act, 1975 (Act No. III of 1975).", "name": "Repealed.", "related_acts": "484", "section_id": 20 }, { "act_id": 473, "details": "21. Betterment tax.- Repealed by section 10 of the Finance Act, 1975 (Act No. III of 1975).", "name": "Repealed.", "related_acts": "484", "section_id": 21 }, { "act_id": 473, "details": "22. (1) There shall be levied and collected in such manner as may be prescribed by rules on all lands on which rent is payable under the State Acquisition and Tenancy Act, 1950 (E.B. Act XXVIII of 1951), or would have been so payable had not the State Acquisition and Tenancy (Third Amendment) Order, 1972 (P.O. No. 96 of 1972), come into force, a primary education cess at the rate of twenty per cent of such rent. (2) Any primary education cess payable under any other law for the time being in force shall, notwithstanding anything contained in such law, cease to be payable upon the commencement of this section. (3) This section shall be deemed to have taken effect on the 1st day of July, 1973.", "name": "Primary Education Cess", "related_acts": "241", "section_id": 22 }, { "act_id": 473, "details": "23. (1) Subject to the provisions of sub-sections (2), (3), (4) and (5), in making any assessment for the year beginning on the first day of July, 1974,- (a)\tincome-tax shall be charged at the rates specified in Part I of the Fourth 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 Fourth Schedule. (2) In making any assessment for the year beginning on the first day of July, 1974,- (a) \twhere the total income of an assessee, not being a company, includes any income chargeable under the head “salaries” or any income chargeable under the head “interest on securities” the income-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 income-tax payable according to the rates applicable under the operation of the Finance Act, 1973 (XI of 1973), on his total income the same proportion as the amount of such inclusion bears to his total income; and (b) \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. (3) In making any assessment for the year beginning on the first day of July, 1974, 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 Fourth 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 Fourth 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, 1974, 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 Fourth Schedule does not apply, includes any profits and gains derived from the export of goods out of Bangladesh, 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 an amount computed in the manner specified hereunder:- Amount (i) Where the goods exported abroad had not been manufactured by the assessee who exported them: 15 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. Plus 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. Minus 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 them: (a) where the export sales do not exceed 10 per cent of the total sales. Nil. (b) where the export sales exceed 10 per cent but do not exceed 20 per cent of the total sales. 15 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. 20 per cent of the income-tax and super-tax, if any, attributable to export sales. (d) where the export sales exceed 30 per cent of the total sales. 25 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 Fourth 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; (b) Nothing contained in clause (a) shall apply in respect of the following goods or class of goods, namely:- (i) tea, (ii) raw jute, (iii) jute manufacture, (iv) such other goods as may be notified by the National Board of Revenue from time to time; (c) The National Board of Revenue may make rules providing for the computation of profits and the tax attributable to export sales and for such other matters as may be necessary to give effect to the provisions of this sub-section. (5) In cases 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 Fourth Schedule shall apply as respects the year beginning on the first day of July, 1974, and ending on the thirtieth day of June, 1975. (7) For 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 provisions of the Income-tax Act, 1922 (XI of 1922); and the expression “public company” means a company- (i) in which not less than fifty per cent of the shares are held by the Government, or (ii) whose shares were the subject of dealings in a registered stock exchange in the taxable territories at any time during the previous year and remained listed on the stock exchange till the close of that year.", "name": "Income-tax and Super-tax", "related_acts": "432", "section_id": 23 }, { "act_id": 473, "details": "24. Surcharge under the Income-tax Act, 1922 (XI of 1922), shall be charged as respects any assessment for the year beginning on the first day of July, 1974, at the rates specified in Part III of the Fourth Schedule to this Act.", "name": "Surcharge under the Income-tax Act, 1922 (XI of 1922)", "related_acts": "", "section_id": 24 }, { "act_id": 473, "details": "25. Restriction on renewal of certificate of survey, etc.- Repealed by section 10 of the Finance Act, 1975 (Act No. III of 1975).", "name": "Repealed.", "related_acts": "484", "section_id": 25 }, { "act_id": 473, "details": "26. A 1cess under section 22 or any penalty imposed thereunder shall be recoverable as a public demand under the Public Demands Recovery Act, 1913 (Ben. Act III of 1913).", "name": "Public demand", "related_acts": "98", "section_id": 26 }, { "act_id": 473, "details": "27. 2(1) The Government may, by notification in the official Gazette, make rules to provide for the procedure for the assessment, collection and payment of any cess leviable under section 22; and such rules may provide for matters relating to- (a)\tthe person by whom the cess shall be payable; (b) \tthe time and manner of such payment; (c) \tpenalty for default or delay in the payment of the cess of an amount not exceeding the amount of the cess; and (d) \tsuch other matters as may be necessary for the efficient assessment and collection of the cess. (2) The rules made under the Finance Act, 1957 (E.P. Act X of 1957), shall be deemed to be rules made under the corresponding provisions of this Act in so far as they are not inconsistent with those provisions.", "name": "Power to make rules", "related_acts": "269", "section_id": 27 } ], "text": "An Act to give effect to the financial proposals of the Government and to amend certain laws. 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 hereinafter appearing; It is hereby enacted as follows:-" }

{ "id": 474, "lower_text": [ "1 Clause (a) was inserted by section 2 of the Speaker and Deputy Speaker (Remuneration and Privileges)(Amendment) Act, 1987 (Act No. VII of 1987)", "2 Clause (a) was renumbered as clause (aa) by section 2 of the Speaker and Deputy Speaker (Remuneration and Privileges)(Amendment) Act, 1987 (Act No. VII of 1987)", "3 The brackets and figure “(1)” was omitted by section 2(a) of the Speaker and Deputy Speaker (Remuneration and Privileges) (Amendment) Act, 2012 (Act No. XI of 2012).", "4 The words “one lakh and twelve thousand” were substituted for the words “fifty seven thousand and two hundred” by section 2 of the Speaker and Deputy Speaker (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXI of 2016) (With effect from 1st July, 2015).", "5 The words “one lakh and five thousand” were substituted for the words “fifty three thousand and one hundred” by section 2 of the Speaker and Deputy Speaker (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXI of 2016) (With effect from 1st July, 2015).", "6 Sub-section (2) was omitted by section 2(b) of the Speaker and Deputy Speaker (Remuneration and Privileges) (Amendment) Act, 2012 (Act No. XI of 2012).", "7 Sections 4, 5, 6, 7, 8 and 9 were substituted for the former section 4, by section 4 of the Speaker and Deputy Speaker (Remuneration and Privileges)(Amendment) Act, 1987 (Act No. VII of 1987)", "8 The figure and comma “13,000” were substituted for the figure and comma “8,000” by section 3 of the Speaker and Deputy Speaker (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXI of 2016) (With effect from 1st July, 2016).", "9 The figure and comma “10,000” were substituted for the figure and comma “6,000” by section 3 of the Speaker and Deputy Speaker (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXI of 2016) (With effect from 1st July, 2016).", "10 The figure and commas “16,00,000” were substituted for the figure and commas “10,00,000” by section 4 of the Speaker and Deputy Speaker (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXI of 2016) (With effect from 1st July, 2016).", "11 Section 7 was substituted by section 5 of the Speaker and Deputy Speaker Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XX of 2010) (with effect from 1st July, 2010).", "12 The figure and commas “11,00,000” were substituted for the figure and commas “10,00,000” by section 5(a) of the Speaker and Deputy Speaker (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXI of 2016) (With effect from 1st July, 2016).", "13 The figure and commas “10,00,000” were substituted for the figure and commas “8,00,000” by section 5(b) of the Speaker and Deputy Speaker (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXI of 2016) (With effect from 1st July, 2016).", "14 The figure and commas “5,00,000” was substituted for the figure and commas “1,50,000” by section 6 of the Speaker and Deputy Speaker Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XX of 2010) (with effect from 1st July, 2010).", "15 The colon (:) was substituted for the full stop (.) and the provisos were inserted by section 2 of the Speaker and Deputy Speaker (Remuneration and Privileges)(Amendment) Act, 1997 (Act No. XXII of 1997)", "16 The word “MLSS” was substituted for word “peon” by section 7 of the Speaker and Deputy Speaker Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XX of 2010) (with effect from 1st July, 2010).", "17 The word “MLSS” was substituted for word “peon” by section 7 of the Speaker and Deputy Speaker Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XX of 2010) (with effect from 1st July, 2010).", "18 Former section 5 was omitted by section 5 of the Speaker and Deputy Speaker (Remuneration and Privileges) (Amendment) Act, 1987(Act No. VII of 1987)" ], "name": "The Speaker and Deputy Speaker (Remuneration and Privileges) Act, 1974", "num_of_sections": 9, "published_date": "22nd July, 1974", "related_act": [ 488, 474, 427 ], "repelled": false, "sections": [ { "act_id": 474, "details": "1. This Act may be called the Speaker and Deputy Speaker (Remuneration and Privileges) Act, 1974.", "name": "Short title", "related_acts": "474", "section_id": 1 }, { "act_id": 474, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- 1(a) \t“Act” means the Ministers, Ministers of State and Deputy Ministers (Remuneration and Privileges) Act, 1973 (IV of 1973); 2(aa)\t “Deputy Speaker” means the Deputy Speaker of Parliament; and (b)\t“Speaker” means the Speaker of Parliament and includes the Deputy Speaker performing the functions of the Speaker.", "name": "Definitions", "related_acts": "427", "section_id": 2 }, { "act_id": 474, "details": "3. 3*** There shall be paid to the Speaker a salary at the rate of Taka 4one lakh and twelve thousand per mensem and  to the Deputy Speaker a salary at the rate of Taka 5one lakh and five thousand per mensem.  6***", "name": "Salary", "related_acts": "", "section_id": 3 }, { "act_id": 474, "details": "74. There shall be paid per mensem to the Speaker a sumptuary allowance of Taka 813,000 and to the Deputy Speaker a sumptuary allowance of Taka 910,000.", "name": "Sumptuary allowance", "related_acts": "", "section_id": 4 }, { "act_id": 474, "details": "5. (1) The Speaker, while on tour, shall be entitled to the same daily allowance as is admissible to the Prime Minister under the Prime Minister's (Remuneration and Privileges) Act, 1975 (IX of 1975). (2) The Deputy Speaker, while on tour, shall be entitled to the same daily allowance as is admissible to a Minister under the Act.", "name": "Daily allowance during halt", "related_acts": "488", "section_id": 5 }, { "act_id": 474, "details": "6. (1) For journey by air, the Speaker shall be provided with insurance cover for Taka 1016,00,000 on annual basis at Government expense. (2) For journey by air, the Deputy Speaker shall be provided with the same insurance cover as is admissible to a Minister under the Act on annual basis at Government expense.", "name": "Insurance cover for air journey", "related_acts": "", "section_id": 6 }, { "act_id": 474, "details": "117.There shall be placed at the disposal of- (a) the Speaker as discretionary grant an amount not exceeding Taka 1211,00,000 per annum; and (b) the Deputy Speaker as discretionary grant an amount not exceeding Taka 1310,00,000 per annum.", "name": "Discretionary grant", "related_acts": "", "section_id": 7 }, { "act_id": 474, "details": "8. (1) There shall be an official residence for the Speaker which shall be furnished and maintained at Government expense. (2) If the Speaker decides to reside in his own house or in any house other than the official residence, it shall be furnished at a cost not exceeding Taka 145,00,000. (3) The Deputy Speaker shall be entitled to an official residence on the same terms and conditions as are admissible to a Minister under the Act.", "name": "Official residence", "related_acts": "", "section_id": 8 }, { "act_id": 474, "details": "9. The other allowances, facilities and privileges of the Speaker and the Deputy Speaker shall be the same as are admissible to a Minister under the Act 15: Provided that the Speaker shall be entitled to one more Assistant Private Secretary and an additional 16MLSS: Provided further that the rank, status, method of appointment and other conditions of service of the Assistant Private Secretary shall be such as specified in section 14 of the Act: Provided further that the additional 17MLSS shall be appointed at a consolidated pay to be fixed by the Government from time to time, who shall hold his office during the pleasure of the Speaker and so long as the Speaker holds his office. 18* * *", "name": "Other allowances, facilities and privileges", "related_acts": "", "section_id": 9 } ], "text": "An Act to revise the provisions relating to the remuneration and privileges of the Speaker and Deputy Speaker of Parliament. WHEREAS it is expedient to revise the provisions relating to the remuneration and privileges of the Speaker and Deputy Speaker of Parliament; It is hereby enacted as follows:-" }

{ "id": 475, "lower_text": [], "name": "The Appropriation Act, 1974", "num_of_sections": 3, "published_date": "24th July, 1974", "related_act": [ 472, 475 ], "repelled": false, "sections": [ { "act_id": 475, "details": "1. This Act may be called the Appropriation Act, 1974.", "name": "Short title", "related_acts": "475", "section_id": 1 }, { "act_id": 475, "details": "2. In addition to the sum of Taka Two hundred sixty-six crores, eighty-seven lakhs and thirty-two thousand authorised to be withdrawn and appropriated under the Appropriation (Vote on Account) Act, 1974 (XLIII of 1974), there may be paid and applied from and out of the Consolidated Fund sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of Taka One thousand three hundred thirty-four crores, thirty-six lakhs and fifty-nine thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1975, in respect of the services and purposes specified in column 2 of the Schedule.", "name": "Issue of Tk. 1334,36,59,000 out of the Consolidated Fund for the year 1974-75, in addition to the sum already authorised to be withdrawn for that year", "related_acts": "472", "section_id": 2 }, { "act_id": 475, "details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirtieth day of June, 1975.", "name": "Appropriation", "related_acts": "", "section_id": 3 } ], "text": "An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1975. WHEREAS it is expedient to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1975; It is hereby enacted as follows:-" }

{ "id": 476, "lower_text": [ "1 The colon (:) was substituted for the full stop (.) and the proviso was inserted by section 2 of the Muslim Marriages and Divorces (Registration) (Amendment) Ordinance, 1982 (Ordinance No. XLIX of 1982)", "2 Section 5 was substituted by section 2 of the Muslim Marriages and Divorces (Registration) (Amendment) Act, 2005 (Act No. IX of 2005)", "3 Section 5A was inserted by section 3 of the Muslim Marriages and Divorces (Registration) (Amendment) Act, 2005 (Act No. IX of 2005)" ], "name": "The Muslim Marriages and Divorces (Registration) Act, 1974", "num_of_sections": 18, "published_date": "24th July, 1974", "related_act": [ 305, 90, 75, 476 ], "repelled": false, "sections": [ { "act_id": 476, "details": "1. (1) This Act may be called the Muslim Marriages and Divorces (Registration) Act, 1974. (2) It applies to all Muslim citizens of Bangladesh wherever they may be.", "name": "Short title and application", "related_acts": "476", "section_id": 1 }, { "act_id": 476, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Inspector-General of Registration” and “Registrar” respectively mean the officers so designated and appointed under the Registration Act, 1908 (XVI of 1908); (b) \t“prescribed” means prescribed by rules made under this Act.", "name": "Definitions", "related_acts": "90", "section_id": 2 }, { "act_id": 476, "details": "3. Notwithstanding anything contained in any law, custom or usage, every marriage solemnized under Muslim law shall be registered in accordance with the provisions of this Act.", "name": "Registration of marriages", "related_acts": "", "section_id": 3 }, { "act_id": 476, "details": "4. For the purpose of registration of marriages under this Act, the Government shall grant licences to such number of persons, to be called Nikah Registrars, as it may deem necessary for such areas as it may specify: Provided that not more than one Nikah Registrar shall be licensed for any one area 1:  Provided further that the Government may, whenever it deems fit so to do, extend, curtail or otherwise alter the limits of any area for which a Nikah Registrar has been licensed.", "name": "Nikah Registrars", "related_acts": "", "section_id": 4 }, { "act_id": 476, "details": "25. (1) Where a marriage is solemnized by the Nikah Registrar himself, he shall register the marriage at once. (2) Where a marriage is solemnized by a person other than the Nikah Registrar, the bridegroom of the marriage shall report it to the concerned Nikah Registrar within thirty days from the date of such solemnization. (3) Where solemnization of a marriage is reported to a Nikah Registrar under sub-section (2), he shall register the marriage at once. (4) A person who contravenes any provision of this section commits an offence and he shall be liable to be punished with simple imprisonment for a term which may extend to two years or with fine which may extend to three thousand taka, or with both.", "name": "Solemnization of a marriage to be reported and registered", "related_acts": "", "section_id": 5 }, { "act_id": 476, "details": "35A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act No. V of 1898), an offence under this Act shall be triable by a Magistrate of the first class.", "name": "Jurisdiction under this Act", "related_acts": "75", "section_id": 6 }, { "act_id": 476, "details": "6. (1) A Nikah Registrar may register a divorce effected under Muslim Law within his jurisdiction on application being made to him for such registration. (2) An application for registration of a divorce shall be made orally by the person or persons who has or have effected the divorce: Provided that if the woman be a parda-nashin, such application may be made by her duly authorised vakil. (3) The Nikah Registrar shall not register a divorce of the kind known as Talaq-i-tafweez except on the production of a document registered under the Registration Act, 1908 (XVI of 1908), by which the husband delegated the power of divorce to the wife or of an attested copy of an entry in the register of marriages showing that such delegation has been made. (4) Where the Nikah Registrar refuses to register a divorce, the person or persons who applied for such registration may, within thirty days of such refusal, prefer an appeal to the Registrar and the order passed by the Registrar on such appeal shall be final.", "name": "Registration of divorces", "related_acts": "90", "section_id": 7 }, { "act_id": 476, "details": "7. The Nikah Registrar shall register a marriage or divorce in such manner as may be prescribed.", "name": "Manner of registration", "related_acts": "", "section_id": 8 }, { "act_id": 476, "details": "8. Every Nikah Registrar shall maintain separate registers of marriages and divorces in such forms as may be prescribed and all entries in each such register shall be numbered in a consecutive series, a fresh series being commenced at the beginning of each year.", "name": "Registers", "related_acts": "", "section_id": 9 }, { "act_id": 476, "details": "9. On completion of the registration of any marriage or divorce, the Nikah Registrar shall deliver to the parties concerned an attested copy of the entry in the register, and for such copy no charge shall be made.", "name": "Copies of entry to be given to parties", "related_acts": "", "section_id": 10 }, { "act_id": 476, "details": "10. (1) Every Nikah Registrar shall perform the duties of his office under the superintendence and control of the Registrar. (2) The Inspector-General of Registration shall exercise a general superintendence over offices of all Nikah Registrars.", "name": "Superintendence and control", "related_acts": "", "section_id": 11 }, { "act_id": 476, "details": "11. If the Government is of the opinion that a Nikah Registrar is guilty of any misconduct in the discharge of his duties or has become unfit or physically incapable to discharge his duties, it may, by order in writing, revoke his licence, or suspend his licence for such period, not exceeding two years, as may be specified in the order : Provided that no such order shall be made unless the Nikah Registrar has been given a reasonable opportunity of showing cause why that order should not be made.", "name": "Revocation or suspension of a license", "related_acts": "", "section_id": 12 }, { "act_id": 476, "details": "12. Every Nikah Registrar shall keep safely each register maintained by him under section 8 until the same is filled, and shall then or earlier if he leaves the district or ceases to hold a licence, make over the same to the Registrar for safe custody.", "name": "Custody of registers", "related_acts": "", "section_id": 13 }, { "act_id": 476, "details": "13. Any person may, on payment of the prescribed fee, if any, inspect at the office of the Nikah Registrar or of the Registrar any register kept in such office or obtain a copy of any entry therein.", "name": "Inspection of registers", "related_acts": "", "section_id": 14 }, { "act_id": 476, "details": "14. (1) The Government may, by notification in the official Gazette, make rules to carry into effect the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) qualifications to be required from persons to whom licences under section 4 may be granted; (b) fees payable to a Nikah Registrar for registration of a marriage or divorce; (c) \tany other matter for which rules are required to be made.", "name": "Power to make rules", "related_acts": "", "section_id": 15 }, { "act_id": 476, "details": "15. In the Muslim Family Laws Ordinance, 1961 (VIII of 1961),- (a)\tin section 3, in sub-section (1), the comma and words “, and the registration of Muslim marriages shall take place only in accordance with those provisions” shall be omitted; (b)\tsection 5 shall be omitted; (c)\tin section 6, in sub-section (1), for the words “under this Ordinance” the words, comma, figures and brackets “under the Muslim Marriages and Divorces (Registration) Act, 1974 (LII of 1974)” shall be substituted.", "name": "Amendment of Muslim Family Laws Ordinance, 1961 (VIII of 1961)", "related_acts": "305,476", "section_id": 16 }, { "act_id": 476, "details": "16. The Muslim Divorces Registration Act, 1876 (Ben. Act I of 1876), is hereby repealed.", "name": "Repeal", "related_acts": "", "section_id": 17 }, { "act_id": 476, "details": "17. All Nikah Registrars licensed under the Muslim Family Laws Ordinance, 1961 (VIII of 1961), before the commencement of this Act, shall be deemed to have been licensed as Nikah Registrars under this Act.", "name": "Provision relating to existing Nikah Registrars", "related_acts": "305", "section_id": 18 } ], "text": "An Act to consolidate and amend the law relating to Registration of Muslim marriages and divorces. WHEREAS it is expedient to consolidate and amend the law relating to registration of Muslim marriages and divorces; It is hereby enacted as follows:-" }

{ "id": 477, "lower_text": [], "name": "The Primary Education Laws (Repeal) Act, 1974", "num_of_sections": 2, "published_date": "26th July, 1974", "related_act": [ 477 ], "repelled": false, "sections": [ { "act_id": 477, "details": "1. This Act may be called the Primary Education Laws (Repeal) Act, 1974.", "name": "Short title", "related_acts": "477", "section_id": 1 }, { "act_id": 477, "details": "2. The Primary Education Act, 1919 (Ben. Act IV of 1919), the Rural Primary Education Act, 1930 (Ben. Act VII of 1930), and the Rural Primary Education (Supplementary Provisions) Act, 1957 (E.P. Act XXVIII of 1957), are hereby repealed.", "name": "Repeal", "related_acts": "", "section_id": 2 } ], "text": "An Act to repeal the Primary Education Act, 1919, the Rural Primary Education Act, 1930 and the Rural Primary Education (Supplementary Provisions) Act, 1957. WHEREAS it is expedient to repeal the Primary Education Act, 1919 (Ben. Act IV of 1919), the Rural Primary Education Act, 1930 (Ben. Act VII of 1930), and the Rural Primary Education (Supplementary Provisions) Act, 1957 (E.P. Act XXVIII of 1957); It is hereby enacted as follows:-" }

{ "id": 478, "lower_text": [ "1 The words “National Sports Control Board” were substituted for the words “Bangladesh Sports Council” by section 3 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)", "2 Clauses (a) and (b) were substituted by section 4 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)", "3 The word “Secretary” was substituted for the words “General Secretary” by section 2 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)", "4 The word “Secretary” was substituted for the words “General Secretary” by section 2 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)", "5 The words “National Sports Control Board” were substituted for the words “Bangladesh Sports Council” by section 5 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)", "6 Sections 4 and 5 were substituted by section 6 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)", "7 Clause (b) was omitted by section 3 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)", "8 The words “Cultural Affairs and Sports” were substituted for the words and brackets “Education (Cultural Affairs and Sports Division)” by section 3 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)", "9 The words “Cultural Affairs and Sports” were substituted for the word “Education” by section 4 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)", "10 Sections 7, 8 and 9 were substituted by section 8 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)", "11 Section 7 was substituted by section 5 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)", "12 Section 11 was substituted by section 9 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)", "13 Clause (c) was omitted by section 7 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)", "14 The words “Cultural Affairs and Sports” were substituted for the words and brackets “Education (Cultural Affairs and Sports Division)” by section 7 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)", "15 The words “and Secretary” were substituted for the comma and words “, General Secretary and Treasurer” by section 7 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)", "16 The words “and Secretary” were substituted for the comma and words “, General Secretary and Treasurer” by section 7 of the National Sports Control Board (Amendment) Ordinance, 1978 (Ordinance No. LIII of 1978)", "17 Sub-sections (4) and (4A) were substituted for former sub-section (4) by section 10 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)", "18 The words “National Sports Control Board Fund” were substituted for the words “Sports Council Fund” by section 11 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)", "19 The words “National Sports Control Board Fund” were substituted for the words “Sports Council Fund” by section 11 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)", "20 Sections 20 and 20A were substituted for former section 20 by section 12 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (Ordinance No. XXXV of 1976)", "21 The words and commas “ and organization affiliated, time to time, by the Council” were inserted by section 2 of the National Sports Council (Amendment) Act.2011 (Act No.2 of 2011).", "22 The words and commas “who shall be elected according to prescribed rules or, as the case may be, nominated by the Government” were substituted for the words “who shall be appointed by the Government” by section 2 of the National Sports Council (Amendment) Act, 2003 (Act No. XII of 2003)", "23 The words “except the Dacca Stadia” were omitted by section 2 of the National Sports Control Board (Amendment) Ordinance, 1976 (Ordinance No. LXXI of 1976)", "24 The words “except those of the Dacca Stadia” were omitted by section 2 of the National Sports Control Board (Amendment) Ordinance, 1976 (Ordinance No. LXXI of 1976)" ], "name": "The National Sports Council Act, 1974", "num_of_sections": 24, "published_date": "30th July, 1974", "related_act": [], "repelled": true, "sections": [ { "act_id": 478, "details": "1. This Act may be called the 1National Sports Council Act, 1974.", "name": "Short title", "related_acts": "", "section_id": 1 }, { "act_id": 478, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- 2(a) \tÔÇÿCouncil' means the National Sports Council constituted under section 3; (b)\tÔÇÿChairman', ÔÇÿ 3Secretary' and ÔÇÿTreasurer' mean respectively the Chairman, 4Secretary and Treasurer of the Council;  (c)\t“Executive Committee” means the Executive Committee of the Council constituted under section 11; (d)\t“national sports organisation” means an organisation constituted on a national basis for controlling sports and recognised as such by the Council; (e)\t“prescribed” means prescribed by rules made under the Act; (f)\t“sports” means a game for recreation involving bodily exercise and includes such other games as the Government may, by notification in the official Gazette, declare to be sports for the purposes of this Act.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 478, "details": "3. (1) As soon as may be after the commencement of this Act, the Government shall, by notification in the official Gazette, constitute, in accordance with the provisions of this Act, a Council to be called the 5National Sports Council for carrying out the purposes of this Act. (2) The Council shall be a body corporate having perpetual succession and a common seal with power, among others, to acquire, hold, manage and dispose of property, both movable and immovable, and shall by the said name sue and be sued.", "name": "Constitution and incorporation of the Council", "related_acts": "", "section_id": 3 }, { "act_id": 478, "details": "64. (1) The Council shall consist of the following members, namely:- (a)\tthe Chairman; 7* * * (c)\tone representative from the Ministry of 8Cultural Affairs and Sports to be nominated by the Government;  (d)\tPresidents of the organisations specified in entries 1 to 22 in Part I of the Schedule, ex-officio; (e)\tone representative from each of the District Sports Associations referred to in entry 23 of Part I of the Schedule to be nominated by the respective Association; (f)\tPresident of the Olympic Association, ex-officio; (g)\tPresident of the Bangladesh Mahila Krira Unnayan-O- Niyantran Sangstha, ex-officio; (h)\tone representative from each of the organisations specified in Part III of the Schedule to be nominated by the President of that organisation; (i)\tone representative from each of the organisations specified in Part IV of the Schedule to be nominated by that organisation; and (j) two distinguished sportsmen to be nominated by the Government. (2) Subject to the provisions of sub-section (3), a member of the Council other than an ex-officio member, shall hold office for a period of four years. (3) A person who is a member of the Council by virtue of nomination shall be liable to be recalled by the person or authority nominating him to be such member and, upon such recall, shall cease to be a member of the Council.", "name": "Composition of the Council", "related_acts": "", "section_id": 4 }, { "act_id": 478, "details": "5. The Minister, and, if there be no Minister, the Member of the President's Council of Advisors, in-charge of the Ministry of 9Cultural Affairs and Sports or any other person to be nominated by the President shall be the Chairman of the Council and of the Executive Committee.", "name": "Chairman", "related_acts": "", "section_id": 5 }, { "act_id": 478, "details": "6. Vice-Chairman.- Omitted by section 7 of the Bangladesh Sports Council (Amendment) Ordinance, 1976 (XXXV of 1976).", "name": "Omitted.", "related_acts": "", "section_id": 6 }, { "act_id": 478, "details": "10 117. (1) There shall be a Secretary of the Council who shall be appointed by the Government on such terms and conditions as it may deem fit. (2) The Secretary shall exercise such powers and perform such functions as the Council or the Executive Committee may assign to him from time to time.", "name": "Secretary", "related_acts": "", "section_id": 7 }, { "act_id": 478, "details": "8. There shall be a Treasurer of the Council who shall be nominated by the Government from amongst the members of the Council and shall perform such functions as may be prescribed.", "name": "Treasurer", "related_acts": "", "section_id": 8 }, { "act_id": 478, "details": "9. Office Secretary.- Omitted by section 6 of the National Sports Control Board (Amendment) Ordinance, 1978 (LIII of 1978).", "name": "Omitted.", "related_acts": "", "section_id": 9 }, { "act_id": 478, "details": "10. The functions of the Council shall be- (a)\tthe development and regulation of sports and co-ordination of sports activities in Bangladesh; (b)\tthe grant of recognition to the national sports organisations and the affiliation of other sports organisations; (c)\tthe promotion and development of standards of national fitness as well as standards of competition comparable to international standards in sports; (d)\tthe institution and execution of training and coaching schemes for international sports events; (e)\tthe arrangement for participation of sports teams in sports events abroad; (f)\tmaking of grants to sports organisations for sports activities and also providing for such facilities as construction of stadia, swimming pools and gymnasia; (g)\tthe maintenance and construction of such sports facilities as stadia, gymnasia, swimming pools, play grounds, training and coaching centres;  (h)\tto provide for relief and assistance to needy and distinguished sportsmen after their retirement; (i)\tthe adoption of measures to inculcate and ensure discipline in all sports organisations and among all sportsmen; (j)\tthe publication of books, magazine, brochure and other literature on sports and sportsmen; and (k)\tdoing of such other acts as are necessary for and conducive to carrying out the purposes of this Act.", "name": "Functions of the Council", "related_acts": "", "section_id": 10 }, { "act_id": 478, "details": "1211. (1) There shall be an Executive Committee of the Council which shall consist of the following members, namely:- (a)\tthe Chairman, ex-officio; (b) \ta Vice-Chairman to be nominated by the Chairman; 13* * * (d) \tthe Treasurer, ex-officio; (e)\tone representative from the Ministry of 14Cultural Affairs and Sports to be nominated by the Government; (f)\tone representative from each of the organisations specified in entries 1 to 10 in Part I of the Schedule to be nominated by the President of that organisation; (g)\tone representative from the Army Sports Council or the Inter-Services Sports Council to be nominated by the Government; (h)\tone representative from the Inter-University Sports Council to be nominated by its President; (i)\ttwo distinguished persons in the field of sports to be nominated by the Government. (2) The Chairman 15and Secretary of the Council shall respectively be the Chairman 16and Secretary of the Executive Committee. (3) Subject to the provisions of sub-section (4) a member of the Executive Committee, other than an ex-officio member, shall hold office for a period of four years. (4) A person who is a member of the Executive Committee by virtue of nomination shall be liable to be recalled by the person or authority nominating him to be such member and, upon such recall, shall cease to be a member of the Executive Committee.", "name": "Executive Committee", "related_acts": "", "section_id": 11 }, { "act_id": 478, "details": "12. (1) The administration of the Council shall vest in the Executive Committee which shall deal with any matter within the competence of the Council. (2) In particular and without prejudice to the generality of the foregoing provision, the functions of the Executive Committee shall be- (a)\tto regulate the expenditure of the Council; (b)\tto appoint, with prior approval of the Government, officers and other employees of the Council on such terms and conditions as may be prescribed; (c)\tto establish coaching centres and encourage proper training of coaches, referees and sportsmen at all levels of sports; (d)\tto allocate funds, grants and subsidies to the national sports organisations and other sports organisations and to call for their audited accounts to probe into; (e)\tto approve the appointment of officials to accompany any sports team going abroad;  (f)\tto recognise national sports organisations and to issue such directives as may be deemed necessary in the interest of promotion of sports; (g)\tto consider and approve the affiliation of a national sports organisation to international sports association, federations and the like; and (h)\tto execute all decisions of the Council.", "name": "Functions of the Executive Committee", "related_acts": "", "section_id": 12 }, { "act_id": 478, "details": "13. (1) The meetings of the Council and the Executive Committee shall be held at such times and at such places as may be prescribed by rules: Provided that until rules are made in this behalf such meetings shall be convened by the Chairman. (2) Twenty-one members, in the case of a meeting of the Council, and seven members, in the case of a meeting of the Executive Committee, shall constitute a quorum. (3) A decision at a meeting of the Council and of the Executive Committee shall be taken by a majority of 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. 17(4) The Chairman shall preside over the meetings of the Council and, in his absence, the members of the Council present shall elect a Chairman from amongst them to preside over that meeting. (4A) The Chairman, or in his absence, the Vice-Chairman shall preside over the meetings of the Executive Committee, and in the absence of both of them, the members of the Executive Committee present shall elect a Chairman from amongst them to preside over that meeting. (5) No proceeding or decision of the Council or the Executive Committee shall be invalid by reason of the existence of any vacancy or defect in the constitution of the Council or the Executive Committee.", "name": "Meetings of the Council and the Executive Committee", "related_acts": "", "section_id": 13 }, { "act_id": 478, "details": "14. Where, upon the report of the Executive Committee that a member of the Council is guilty of such misconduct as renders him unfit to continue as such member, the Council, after giving the member an opportunity of being heard, passes a resolution declaring that the report is correct, the person to whom the resolution relates shall cease to be a member of the Council on the date such resolution is passed: Provided that no such report shall be made by the Executive Committee without giving the member concerned an opportunity of showing cause against such report.", "name": "Misconduct of a member of the Council", "related_acts": "", "section_id": 14 }, { "act_id": 478, "details": "15. (1) There shall be a fund to be called the 18National Sports Council Fund to which shall be credited all receipts of the Council including:- (a)\tgrants from the Government; (b)\tmembership fees; (c)\tdonations in cash or kind; (d)\tsale proceeds from tickets, or any fee or other payment realised, for entry into any sports event arranged by the Council. (2) The 19National Sports Council Fund shall be applied to meet all such expenditure, including payment of salaries of the officers and employees of the Council, as is necessary to carry out the purposes of the Act, and shall be administered in such manner as may be prescribed by rules and, until such rules are made, in such manner as the Executive Committee, with the approval of the Chairman, direct.", "name": "Fund of the Council", "related_acts": "", "section_id": 15 }, { "act_id": 478, "details": "16. (1) The Council shall submit to the Government, in such form before such day in each financial year as the Government may direct, a statement in triplicate to be called the annual budget statement for the next succeeding financial year  showing the estimated expenditure and sums which are likely to be required from the Government during that financial year. (2) After examination of the statement submitted to it under sub-section (1), the Government shall return the statement, with or without modification, indicating the amount which the Council may expect from the Government as grants during the financial year to which the statement relates; and the Council shall accordingly modify the budget.", "name": "Annual Statement", "related_acts": "", "section_id": 16 }, { "act_id": 478, "details": "17. (1) The Council shall maintain proper accounts, prepare annual statement of accounts and present the accounts for audit, in such form as may be prescribed. (2) The accounts of the Council shall be audited by the Comptroller and Auditor-General of Bangladesh or any officer authorised by him every year in such manner as the Comptroller and Auditor-General may think fit.", "name": "Accounts and Audit", "related_acts": "", "section_id": 17 }, { "act_id": 478, "details": "18. (1) The Council shall furnish to the Government such reports, returns and statements as the Government may, from time to time, require. (2) The Council shall, as soon as possible after the end of every financial year, furnish to the Government a statement of accounts audited by the Comptroller and Auditor-General together with an annual report on the condition of its affairs for that year. (3) Copies of audited account and annual report received by the Government shall be published in the official Gazette and laid before Parliament.", "name": "Reports and returns", "related_acts": "", "section_id": 18 }, { "act_id": 478, "details": "19. The Government may, from time to time issue directions to the Council to take such measures as it may consider necessary for the efficient management of the affairs of the Council and the Council shall comply with such directions.", "name": "Power to issue directions", "related_acts": "", "section_id": 19 }, { "act_id": 478, "details": "2020. Notwithstanding anything contained in any other law for the time being in force, or in any agreement, contract, memorandum or articles of association or any other legal instrument, an organization specified in any of the entries 1 to 22 in Part I of the Schedule 21 and organization affiliated, time to time, by the Council shall have a President as its head 22who shall be elected according to prescribed rules or, as the case may be, nominated by the Government and any provision to the contrary in the constitution or the memorandum or articles of association of such organisation shall stand modified and have effect accordingly.", "name": "Power of the Government with regard to certain organisations", "related_acts": "", "section_id": 20 }, { "act_id": 478, "details": "20A. Notwithstanding anything contained in any other law for the time being in force, or in any agreement, contract, memorandum or articles of association or any other legal instrument, the Council shall have power- (a)\tto frame model constitution for all or any of the organisations affiliated to it; (b)\tto dissolve the executive committee, by whatever name called, of an organisation affiliated to it, if in its opinion, the executive committee does not act properly or acts in a manner prejudicial to the interest of the organisation and to appoint an ad-hoc executive committee in its place; (c)\tto dissolve all such executive committees, by whatever name called, of the organisations specified in entries 1 to 22 in Part I of the Schedule as were constituted prior to a date to be specified in this behalf by the Government; (d)\tto set up a Divisional Sports Association at the Headquarters of each Division.", "name": "Power of the Council to dissolve the executive committees of certain organisations, etc.", "related_acts": "", "section_id": 21 }, { "act_id": 478, "details": "21. Upon the constitution of the Council:- (a)\tall property, movable and immovable 23 * * * and all rights, liabilities and obligations of the Committee appointed under Government resolution No. SVI/67-Edn. dated the 7th February, 1972 shall be those of the Council; and (b)\tall employees of that Committee 24* * * shall be deemed to be the employees of the Council.", "name": "Transfer of assets, etc.", "related_acts": "", "section_id": 22 }, { "act_id": 478, "details": "22. The Council may frame rules to carry out the purpose of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 23 }, { "act_id": 478, "details": "23. The Sports (Development and Control) Ordinance, 1962 (XVI of 1962), is hereby repealed.", "name": "Repeal", "related_acts": "", "section_id": 24 } ], "text": "An Act to provide for the constitution of a Council for the development and regulation of sports and co-ordination of sports activities in Bangladesh. ♣ ♠ WHEREAS it is expedient to provide for the constitution of a Council for the development and regulation of sports and co-ordination of sports activities in Bangladesh, and for matters connected therewith; It is hereby enacted as follows:-" }

{ "id": 479, "lower_text": [], "name": "The Extradition Act, 1974", "num_of_sections": 24, "published_date": "30th July, 1974", "related_act": [ 75, 479 ], "repelled": false, "sections": [ { "act_id": 479, "details": "1. (1) This Act may be called the Extradition Act, 1974. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint. (3) It shall apply in relation to the return of persons to, and to persons returned from,- (a) \ta treaty State, subject to a declaration under section 3, if any; and (b) a foreign State not being a treaty State, subject to a direction under section 4.", "name": "Short title, commencement and application", "related_acts": "479", "section_id": 1 }, { "act_id": 479, "details": "2. (1) In this Act, unless there is anything repugnant in the subject or context,- (a) “extradition offence” means an offence the act or omission constituting which falls within any of the descriptions set out in the Schedule and, if it took place within, or within the jurisdiction of, Bangladesh would constitute an offence against the law of Bangladesh and also- (i) \tin the case of a treaty State, an offence a person accused of which is, under the extradition treaty with that State, to be returned to or from that State; and  (ii) \tin the case of a foreign State not being a treaty State, an offence specified in a direction issued under section 4; (b) \t“extradition treaty” means a treaty or agreement between Bangladesh and a foreign State for the extradition to or from such State of a person accused or convicted of an extradition offence; (c) “foreign State” includes every constituent part, or dependency, of such State and any territory under the sovereignty or trusteeship of the State; (d) \t“fugitive offender” means the person who, being accused or convicted of an extradition offence is, or is suspected to be, in any part of Bangladesh; (e) \t“prescribed” means prescribed by rules made under this Act; (f) \t“treaty State” means a foreign State with which an extradition treaty is for the time being in operation. (2) In determining for the purposes of this Act whether an offence against the law of a foreign State falls within a description set out in the Schedule, any special intent or state of mind or special circumstances of aggravation which may be necessary to constitute that offence under the law shall be disregarded.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 479, "details": "3. (1) As soon as may be after the commencement of this Act, the Government shall publish in the official Gazette a list of the foreign States with which an extradition treaty is in operation, specifying in respect of each such State the offences persons accused of which are, under the treaty, to be returned to or from that State. (2) Whenever there is concluded an extradition treaty between Bangladesh and a foreign State, the Government may, by notification in the official Gazette, declare such State to be a treaty State for the purposes of this Act. (3) A declaration under sub-section (2) in relation to a foreign State shall specify the offences persons accused of which are, under the extradition treaty with that State, to be  returned to or from that State and may provide that this Act shall apply in relation to that State with such modifications, exceptions, conditions and qualifications, if any, as may be set out therein; and the provisions of this Act shall have effect accordingly.", "name": "Treaty State", "related_acts": "", "section_id": 3 }, { "act_id": 479, "details": "4. (1) Where the Government considers it expedient that the persons who, being accused or convicted of offences at places within, or within the jurisdiction of, a foreign State, are or are suspected to be in Bangladesh should be returned to that State, notwithstanding that there is no extradition treaty with that State, it may, by notification in the official Gazette, direct that the provisions of this Act shall, with respect to such offences and subject to such modifications, exceptions, conditions and qualifications, if any, as may be specified therein, have effect in relation to that State. (2) Where a direction under sub-section (1) in relation to a foreign State is in force, the provisions of this Act shall, with respect to the offences specified in that direction, have effect in relation to such State as if it were a treaty State.", "name": "Application of Act to non-treaty States", "related_acts": "", "section_id": 4 }, { "act_id": 479, "details": "5. (1) Subject to the provisions of sub-section (2), every fugitive offender shall be liable to be apprehended and surrendered in the manner provided in this Act, whether the offence in respect of which his surrender is sought was committed before or after the commencement of this Act and whether or not a Court in Bangladesh has jurisdiction to try that offence. (2) No fugitive offender shall be surrendered,- (a) \tif the offence in respect of which his surrender is sought is of a political character or if it is shown to the satisfaction of the Government or of the Magistrate or Court before whom he may be produced that the requisition for his surrender has, in fact, been made with a view to his being tried or punished for an offence of a political character;  (b) \tif the offence in respect of which his surrender is sought is not punishable with death or with imprisonment for life or a term which is not less than twelve months; (c) \tif the prosecution for the offence in respect of which the surrender is sought is, according to the law of the State asking for the surrender, barred by time; (d) \tif there is no provision in the law of, or in the extradition treaty with, the state asking for the surrender that the fugitive offender shall not, until he has been restored or has had an opportunity of returning to Bangladesh, be detained or tried in that State for any offence committed prior to his surrender, other than the extradition offence proved by the facts on which the surrender is based; (e) \tif he has once been tried in Bangladesh in respect of which his surrender or return is sought and convicted or acquitted of such offence; (f) \tif it appears to the Government that he is accused of alleged to have been convicted of such an offence that if he were charged with that offence in Bangladesh he would be entitled to be discharged under any law relating to previous acquittal or conviction; (g) \tif he has been accused of some offence in Bangladesh not being the offence for which his surrender is sought, or is undergoing sentence under any conviction in Bangladesh, until after he has been discharged, whether by acquittal or on the expiration of his sentence or otherwise; (h) \tif it is shown to the satisfaction of the Government or of the Magistrate or Court before whom he may be produced that he might, if surrendered, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.", "name": "Liability of fugitive offenders to be surrendered", "related_acts": "", "section_id": 5 }, { "act_id": 479, "details": "6. (1) Where a warrant for arrest of a fugitive offender has been issued in a treaty State, being a Commonwealth Country or such neighbouring country as the Government may specify in this behalf, and the extradition treaty with that State so provides, the Government may, if it is satisfied that the warrant  was issued by a person having lawful authority to issue the same, endorse such warrant in the manner prescribed, and the warrant so endorsed shall be sufficient authority to arrest the person named in the warrant and to bring him before any Magistrate in Bangladesh. (2) When a fugitive offender appears or is brought before a Magistrate in pursuance of a warrant endorsed under sub-section (1), the Magistrate,- (a) if he is satisfied on inquiry that the warrant so endorsed is duly authenticated and that the offence of which the fugitive offender is accused or has been convicted is an extradition offence, shall commit such offender to prison to await his return and shall forthwith send to the Government a certificate of committal; and (b) \tif he is not so satisfied, may, pending receipt of the orders of the Government, detain such offender in custody or release him on bail. (3) The Magistrate making an inquiry under sub-section (2) shall report the result of the inquiry to the Government and together with such report forward any written statement which the fugitive offender may desire to submit for consideration of the Government. (4) The Government may, after a fugitive offender has been committed to prison under sub-section (2), issue a warrant for the custody and removal of the fugitive offender to the state concerned and for his delivery at a place and to the person to be named in the warrant.", "name": "Extradition by endorsed warrant procedure", "related_acts": "", "section_id": 6 }, { "act_id": 479, "details": "7. (1) Except as provided in section 7, a requisition for the surrender of a fugitive offender shall be made to the Government,- (a) \tby a diplomatic representative in Bangladesh of the State asking for the surrender; or (b) \tby the Government of the State asking for the surrender through the diplomatic representative of Bangladesh in that State; or (c) in such other manner as may have been settled by arrangement between the Government and the Government of the State asking for the surrender. (2) Where a requisition is made under sub-section (1), the Government may, if it thinks fit, issue an order to enquire into the case to any Magistrate of the first class who would have had jurisdiction to enquire into the extradition offence to which the requisition relates if it had been an offence committed within the local limits of his jurisdiction. (3) On receipt of an order under sub-section (2), the Magistrate shall issue a summons or a warrant for the arrest of the fugitive offender according as the case appears to be one in which according to the law of Bangladesh a summons or warrant would ordinarily issue.", "name": "Requisition for surrender and order of Magisterial enquiry", "related_acts": "", "section_id": 7 }, { "act_id": 479, "details": "8. When the fugitive offender appears or is brought before him in pursuance of a summons or warrant issued under sub-section (3) of section 7 the Magistrate shall enquire into the case in the same manner, and have the same jurisdiction and powers, as nearly as may be, as if the case were one triable by a Court of session and shall take such evidence as may be produced in support of the surrender and on behalf of the fugitive offender, including any evidence to show that the offence of which the fugitive offender is accused or alleged to have been convicted is an offence of a political character or is not an extradition offence.", "name": "Magisterial enquiry", "related_acts": "", "section_id": 8 }, { "act_id": 479, "details": "9. (1) In any proceedings against a fugitive offender under this Act, exhibits and depositions whether or not they are received or taken in the presence of the person against whom they are used, and copies thereof, and official certificates of facts and judicial documents stating facts, may, if duly authenticated, be received as evidence. (2) Warrants, depositions or statements on oath which purport to have been issued, received or taken by any Court of Justice outside Bangladesh or copies thereof, and certificates of, or judicial documents stating the fact of, conviction before any such Court, shall be deemed duly authenticated,- (a) if the warrant purports to be signed by a Judge, Magistrate, or officer of the State where the same was issued or acting in or for such State; (b) \tif the depositions or statements or copies thereof purport to be certified, under the hand of a Judge, Magistrate or officer of the State where the same were taken of acting in or for such State, to be the original depositions or statements or to be true copies thereof, as the case may require; (c) \tif the certificate of, or judicial document stating the fact of, a conviction purports to be certified by a Judge, Magistrate or officer of the State where the conviction took place or acting in or for such State; and (d) \tif the warrant, depositions, statements, copies, certificates and judicial documents, as the case may be, are authenticated by the oath of some witness or by the official seal of a Minister of the State where the same were respectively issued, taken or given. (3) For the purposes of this section, “warrant” includes any judicial document authorising the arrest of any person accused or convicted of an offence.", "name": "Receipt in evidence of exhibits depositions etc.", "related_acts": "", "section_id": 9 }, { "act_id": 479, "details": "10. If, after the enquiry under section 8, the Magistrate is of opinion,- (a) \tthat a prima facie case has not been made out in support of such requisition, for surrender of the fugitive offender, he shall discharge the fugitive offender and make a report to that effect to the Government; (b) \tthat a prima facie case has been made out in support of such requisition, he shall- (i) \treport the result of his enquiry to the Government; (ii) forward, together with such report, any written statement which the fugitive offender may desire to submit for the consideration of the Government; and (iii) \tsubject to any provision relating to bail, commit the fugitive offender to prison to await the orders of the Government.", "name": "Magistrate to report after enquiry", "related_acts": "", "section_id": 10 }, { "act_id": 479, "details": "11. If, upon receipt of the report and statement under clause (b) of section 10, the Government is of opinion that the fugitive offender ought to be surrendered, it may issue a warrant for the custody and removal of the fugitive offender and for his delivery at a place and to a person to be named in the warrant: Provided that the fugitive offender shall not be so delivered until after the expiration of fifteen days from the date he has been taken in custody under such warrant.", "name": "Removal and delivery of the fugitive offender", "related_acts": "", "section_id": 11 }, { "act_id": 479, "details": "12. If a fugitive offender who, in pursuance of this Act, has been taken into custody to await his surrender, is not conveyed out of Bangladesh within two months after such committal, the High Court Division upon application made to it by or on behalf of the fugitive offender and upon proof that reasonable notice of the intention to make such application has been given to the Government may order such prisoner to be discharged unless sufficient cause is shown to the contrary.", "name": "Discharge of person apprehended if not surrendered within two months", "related_acts": "", "section_id": 12 }, { "act_id": 479, "details": "13. If it appears to the Government that by reason of the trivial nature of the case or by reason of the application for the surrender of a fugitive offender not being made in good faith or in the interest of justice or for any other reason, including unreasonable delay on the part of the state asking for the surrender to receive delivery of the fugitive offender, it would be unjust or inexpedient to surrender the fugitive offender, it would be unjust or inexpedient to surrender the fugitive offender, it may, by order, at any time stay the proceedings under this Act against him and direct any summons or warrant issued under this Act to be cancelled and the fugitive offender, if he is in custody or under detention, to be discharged.", "name": "Power to the Government to discharge a fugitive offender", "related_acts": "", "section_id": 13 }, { "act_id": 479, "details": "14. If requisitions for the surrender of a fugitive offender are received from more than one treaty State, the Government may, having regard to the circumstances of the case, surrender the fugitive offender to such State as it may think fit.", "name": "Simultaneous requisitions", "related_acts": "", "section_id": 14 }, { "act_id": 479, "details": "15. A requisition for the surrender to Bangladesh of a person who, being accused or convicted of an extradition offence, is or is suspected to be in a treaty State may be made by the Government,- (a) \tto the diplomatic representative in Bangladesh of that State;  (b) \tto the Government of that State through the diplomatic representative of Bangladesh in that State; or (c) in such other manner as may have been settled by arrangement between the Government and the Government of that State.", "name": "Requisition for surrender of persons to Bangladesh", "related_acts": "", "section_id": 15 }, { "act_id": 479, "details": "16. A person surrendered by a treaty State in pursuance of a requisition under section 15 shall not, until he has been restored or has had an opportunity of returning to that State, be tried in Bangladesh for an offence committed prior to the surrender, other than the extradition offence proved by the facts on which the surrender is based.", "name": "A person surrendered by a treaty State not to be tried for previous offence", "related_acts": "", "section_id": 16 }, { "act_id": 479, "details": "17. The Government may, if it thinks fit, on the request of a person surrendered to Bangladesh in pursuance of a requisition under section 15, arrange for him to be sent back at the cost of the Government and with as little delay as possible to that State by which he was so surrendered if,- (a) \tproceedings against him for the offence for which he was surrendered are not begun within the period of six months from the day of his arrival in Bangladesh; or (b) \the is acquitted or discharged on his trial for that offence.", "name": "Return of the persons surrendered to Bangladesh", "related_acts": "", "section_id": 17 }, { "act_id": 479, "details": "18. Where the offence in respect of which the surrender of a fugitive offender is sought was committed on board any vessel on the high seas or any aircraft in the air outside Bangladesh or the Bangladesh territorial waters and such vessel or aircraft comes into any port or aerodrome of Bangladesh with the fugitive offender on board, the Government and any Magistrate having jurisdiction in such port or aerodrome may exercise the powers conferred on it or him by this Act.", "name": "Jurisdiction as to offences committed at sea or in air", "related_acts": "", "section_id": 18 }, { "act_id": 479, "details": "19. The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), relating to bail shall apply to a fugitive offender arrested or detained under this Act in the same manner as they would apply if he were accused of committing in Bangladesh  the offence of which he is accused or has been convicted; and in relation to such bail the Magistrate before whom he is brought shall have, as far as may be, the same powers and jurisdiction as a Court of session under that Code.", "name": "Release of persons arrested on bail", "related_acts": "75", "section_id": 19 }, { "act_id": 479, "details": "20. Everything found in the possession of a fugitive offender at the time of his arrest which may be material as evidence in proving the extradition offence may be delivered up with the fugitive offender on his surrender, subject to the rights, if any, of third parties with respect thereto.", "name": "Property found on fugitive offender", "related_acts": "", "section_id": 20 }, { "act_id": 479, "details": "21. (1) Any person to whom a warrant issued in pursuance of the provisions of this Act is directed may receive, hold in custody and convey the fugitive offender mentioned in the warrant to the place named therein. (2) Where a fugitive offender escapes out of any custody to which he may be delivered in pursuance of a warrant, he may be re-taking as if he were a person accused of an offence against the law of Bangladesh and had escaped from lawful custody.", "name": "Custody and re-taking on escape of fugitive offender", "related_acts": "", "section_id": 21 }, { "act_id": 479, "details": "22. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) \tthe form in which a requisition for the surrender of a fugitive offender may be made; (b) \tthe removal of fugitive offenders apprehended or in custody under this Act and their control and maintenance until such time as they are handed over to the persons entitled to receive them; (c) \tthe seizure and disposition of any property which is the subject of, or required for proof of, any alleged offence with respect to which this Act applies; and (d) \tthe form and manner in which the Magistrate may be required to make his report to the Government under this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 22 }, { "act_id": 479, "details": "23. The Government may, by notification in the official Gazette, amend the Schedule so as to add any entry thereto or modify or omit any entry therein.", "name": "Power to amend the Schedule", "related_acts": "", "section_id": 23 }, { "act_id": 479, "details": "24. The Extradition Act, 1903 (XV of 1903), is hereby repealed.", "name": "Repeal", "related_acts": "", "section_id": 24 } ], "text": "An Act to consolidate and amend the law relating to the extradition of fugitive offenders. WHEREAS it is expedient to consolidate and amend the law relating to the extradition of fugitive offenders; It is hereby enacted as follows:-" }

{ "id": 480, "lower_text": [ "1 Clause (b) was omitted by section 2 of the Bangladesh Petroleum (Amendment) Ordinance, 1976 (Ordinance No. LIV of 1976)", "2 Section 8 was substituted by section 3 of the Bangladesh Petroleum (Amendment) Ordinance, 1976 (Ordinance No. LIV of 1976)" ], "name": "The Bangladesh Petroleum Act, 1974", "num_of_sections": 12, "published_date": "28th November, 1974", "related_act": [ 480, 467 ], "repelled": false, "sections": [ { "act_id": 480, "details": "1. (1) This Act may be called the Bangladesh Petroleum Act, 1974. (2) It extends to the whole of Bangladesh and shall also apply to the economic zone and continental shelf of Bangladesh. (3) It shall be deemed to have come into force on the 22nd day of August, 1974.", "name": "Short title, extent and commencement", "related_acts": "480", "section_id": 1 }, { "act_id": 480, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“continental shelf” and “economic zone” have the same meaning as in the Territorial Waters and Maritime Zones Act, 1974 (XXVI of 1974); 1* * * (c)\t“petroleum” means- (i) \tany naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; (ii) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or  (iii) \tany naturally occurring mixture of a hydrocarbon or hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbondioxide; (d)\t“petroleum agreement” means a production sharing agreement or any other agreement or contract relating to any petroleum operation; (e)\t“petroleum operation” means any activity related to exploration, development, exploitation, production, processing, refining or marketing of petroleum.", "name": "Definitions", "related_acts": "467", "section_id": 2 }, { "act_id": 480, "details": "3. (1) The Government shall have, within the territory, continental shelf and economic zone of Bangladesh, exclusive right to explore, develop, exploit, produce, process, refine and market petroleum. (2) The Government shall plan, promote, organise and implement programmes for exploration, development, exploitation, production, processing, refining and marketing of petroleum. (3) In particular, and without prejudice to the generality of the foregoing provisions, the Government may take such steps as it thinks fit- (a) to carry out geological, geophysical and other surveys for the exploration of petroleum; (b) to carry out drilling and other prospecting operations to prove and estimate the reserves of petroleum; (c) to undertake such other activities as may lead to the establishment of such reserves; (d)\tto undertake the production of petroleum from such reserves and the refining of such petroleum; (e)\tto sell, distribute, transport and otherwise dispose of petroleum and its refined products; (f)\tto contribute towards the cost of any studies, experiments or technical research connected with petroleum; (g)\tto undertake, assist or encourage the collection, maintenance and publication of statistics, bulletins and monographs; (h)\tto undertake any other activity which is supplemental, incidental or consequential to any of the activities aforesaid, or which may be prescribed by rules made under this Act.", "name": "Right of Government to explore, etc. of Petroleum", "related_acts": "", "section_id": 3 }, { "act_id": 480, "details": "4. (1) The Government may enter into a petroleum agreement with any person for the purpose of any petroleum operation. (2) No person shall undertake or carry on any petroleum operation except under a petroleum agreement entered into under sub-section (1): Provided that the Government may, within one month from the date of commencement of this Act, permit, on such conditions as it deems fit, any person to carry on any petroleum operation otherwise than under a petroleum agreement for a period not exceeding six months.", "name": "Petroleum agreement", "related_acts": "", "section_id": 4 }, { "act_id": 480, "details": "5. (1) For any purpose mentioned in this Act or the rules made thereunder, any person authorised by the Government in this behalf may- (a)\tinspect and take extracts from and make copies of any records, returns, plans, maps and accounts which is kept or made by any person engaged in any petroleum operation; (b)\tinspect the installation, well, plants, appliances and works operated or maintained by any person engaged in any petroleum operation and the state of repair and condition thereof; (c)\tsurvey and conduct measurement in any area covered by any petroleum operation; (d)\tconduct measurement of any stock of petroleum;  (e)\torder the production of any cores, samples, records, returns, plans, maps, and accounts relating to any petroleum operation; (f)\texamine any person engaged in any petroleum operation. (2) Any person authorised by the Government under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (XLV of 1860).", "name": "Power of inspection", "related_acts": "", "section_id": 5 }, { "act_id": 480, "details": "6. (1) It shall be the duty of any person engaged in any petroleum operation-  (a) \tto ensure that such petroleum operation is carried on in a proper and workmanlike manner and in accordance with good oil-field practice; (b) \tto carry on petroleum operation in any area in a manner that does not interfere with navigation, fishing, and conservation of resources of the sea and sea-bed; (c) to consider factors connected with the ecology and environment. (2) In particular, and without prejudice to the generality of the foregoing provision, a person engaged in any petroleum operation shall, in carrying on such operation in any area,- (a)\tcontrol the flow, and prevent the waste or escape, in that area of petroleum or water; (b)\tprevent the escape in that area of any mixture of water or drilling fluid with petroleum or any other matter; (c)\tprevent damage to petroleum bearing strata in any area, whether adjacent to that area or not; (d)\tkeep separate each petroleum pool discovered in the area; (e)\tprevent water or any other matter entering a petroleum pool through wells in that area, except when required by, and in accordance with, good oil-field practice.", "name": "Duties of persons engaged in petroleum operation", "related_acts": "", "section_id": 6 }, { "act_id": 480, "details": "7. Any land required for carrying on any petroleum operation shall be deemed to be required for a public purpose.", "name": "Land required for petroleum operation to be deemed for public purpose", "related_acts": "", "section_id": 7 }, { "act_id": 480, "details": "28. The Government may, by order in writing, delegate to the Bangladesh Oil and Gas Corporation, that is, Petrobangla, or to any other Government agency, subject to such conditions, if any, as may be specified therein, such of its rights and powers under this Act, or the rules made thereunder as may be so specified.", "name": "Delegation of powers", "related_acts": "", "section_id": 8 }, { "act_id": 480, "details": "9. (1) Whoever contravenes any provision of this Act or the rules made thereunder shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. (2) Where an offence punishable under sub-section (1) is committed by a firm, company or other body corporate, every partner, director, manager, secretary or other officer or agent thereof shall, if actively concerned in the conduct of the business of such firm, company or body corporate, be deemed to have committed the offence unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the offence.", "name": "Penalty", "related_acts": "", "section_id": 9 }, { "act_id": 480, "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 or the rules made thereunder.", "name": "Indemnity", "related_acts": "", "section_id": 10 }, { "act_id": 480, "details": "11. 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": 11 }, { "act_id": 480, "details": "12. The Regulation of Mines, Oil-fields and Mineral Development (Government Control) Act, 1948 (XXIV of 1948), and the Petroleum Ordinance, 1974 (Ord. XVI of 1974), are hereby repealed.", "name": "Repeals", "related_acts": "", "section_id": 12 } ], "text": "An Act to provide for the exploration, development, exploitation, production, processing, refining and marketing of petroleum. WHEREAS it is expedient to provide for the exploration, development, exploitation, production, processing, refining and marketing of petroleum; It is hereby enacted as follows:-" }

{ "id": 481, "lower_text": [], "name": "The Oil and Gas Development Corporation (Repeal) Act, 1974", "num_of_sections": 3, "published_date": "28th November, 1974", "related_act": [ 481, 378 ], "repelled": false, "sections": [ { "act_id": 481, "details": "1. (1) This Act may be called the Oil and Gas Development Corporation (Repeal) Act, 1974. (2) It shall be deemed to have come into force on the 22nd day of August, 1974.", "name": "Short title and commencement", "related_acts": "481", "section_id": 1 }, { "act_id": 481, "details": "2. (1) On the commencement of this Act,- (a) the Oil and Gas Development Corporation Ordinance, 1961 (XXXVII of 1961), hereinafter referred to as the said Ordinance, shall stand repealed; (b) \tthe entire undertaking of the Oil and Gas Development Corporation established under the said Ordinance, hereinafter referred to as the said Corporation, in Bangladesh shall stand transferred to and vest in the Bangladesh Oil and Gas Corporation established by the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972), hereinafter referred to as the Bangladesh Corporation. Explanation. “Undertaking” includes all projects, assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash and bank-balances, funds, investments, leases, lease-holds, licences, works and all other rights and interests in, or arising out of, such property and all rights, interests and benefits in assignable contracts and chooses in action;  (c)\tall debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the said Corporation in relation to the undertaking transferred under clause (b) shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the Bangladesh Corporation; (d) \tall suits, prosecutions and other legal proceedings instituted by or against the said Corporation in relation to the undertaking transferred under clause (b) shall be deemed to be suits, prosecutions and proceedings by or against the Bangladesh Corporation and shall be proceeded or otherwise dealt with accordingly; (e) \tall officers, advisers, consultants and other employees of the said Corporation serving in connection with the undertaking transferred under clause (b) shall stand transferred to and become officers, advisers, consultants and employees of the Bangladesh Corporation with such designation as that Corporation may determine and shall hold office or service in that Corporation on the same terms and conditions as were enjoyed by them immediately before such transfer and shall continue to do so until their terms and conditions are duly altered by the Corporation; and no such officer, adviser, consultant or employee shall be entitled to any compensation because of such transfer. (2) The Government may, for the purpose of removing any difficulty in relation to any matter specified in sub-section (1), make such orders as it considers expedient and any such order shall be deemed to be, and given effect to as, part of the provisions of this Act.", "name": "Repeal, etc.", "related_acts": "378", "section_id": 2 }, { "act_id": 481, "details": "3. (1) The Oil and Gas Development Corporation (Repeal) Ordinance, 1974 (Ord. XVII of 1974), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken or any order made under the said Ordinance shall be deemed to have been done, taken or made, as the case may be, under the corresponding provision of this Act.", "name": "Repeal of Ord. XVII of 1974, etc.", "related_acts": "", "section_id": 3 } ], "text": "An Act to repeal the Oil and Gas Development Corporation Ordinance, 1961. WHEREAS it is expedient to repeal the Oil and Gas Development Corporation Ordinance, 1961 (XXXVII of 1961), and to provide for matters connected with such repeal; It is hereby enacted as follows:-" }

{ "id": 482, "lower_text": [ "1 The semi-colon (;) and word \"; or\" were substituted for the full-stop (.) and thereafter clause (c) and the proviso were inserted by section 52 of the Finance Act, 2000 (Act No. XV of 2000)", "2 Sub-section (2) was substituted by section 52 of the Finance Act, 2000 (Act No. XV of 2000)" ], "name": "The Stamp Duties (Additional Modes of Payment) Act, 1974", "num_of_sections": 4, "published_date": "28th November, 1974", "related_act": [ 482, 90, 77 ], "repelled": false, "sections": [ { "act_id": 482, "details": "1. (1) This Act may be called the Stamp Duties (Additional Modes of Payment) Act, 1974. (2) It shall be deemed to have come into force on the 4th day of November, 1974.", "name": "Short title and commencement", "related_acts": "482", "section_id": 1 }, { "act_id": 482, "details": "2. (1) Notwithstanding anything contained in the Stamp Act, 1899 (II of 1899) (hereinafter referred to as the said Act), or in any other law for the time being in force, where any instrument is required or intended to be registered under the Registration Act, 1908 (XVI of 1908), all duties with which such instrument is chargeable under the said Act may be paid- (a)\tto the registering officer in cash, if the duties do not exceed three hundred taka; or (b) \tby chalan in a Treasury or Sub-Treasury, or any branch of a Bank performing the functions of a Treasury or Sub-Treasury, or any branch of a Bank authorised by the Government in this behalf, by notification in the official Gazette 1; or (c) \tby an account-payee pay order or an account-payee bank draft issued by a scheduled bank specified by or under rules: Provided that the Government may, by notification in the official Gazette, direct that any stamp duty in excess of the amount specified in the notification shall be paid only by such pay order, bank draft or chalan. 2(2) Where an instrument is presented to a registering officer for registration and the stamp duty is paid to him in cash or is shown to have been paid by chalan, pay order or bank draft under sub-section (1), that officer shall endorse the payment of the stamp duty on the instrument in the manner prescribed by rules, and upon such endorsement the instrument shall be deemed to have been duly stamped within the meaning of the said Act.", "name": "Payment of stamp duties in cash or by chalan", "related_acts": "77,90", "section_id": 2 }, { "act_id": 482, "details": "3. 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": 3 }, { "act_id": 482, "details": "4. (1) The Stamp Duties (Additional Modes of Payment) Ordinance, 1974 (Ord. XXIII of 1974), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken, as the case may be, under the corresponding provision of this Act.", "name": "Repeal and savings", "related_acts": "", "section_id": 4 } ], "text": "An Act to provide for additional modes of payment of stamp duties. WHEREAS it is expedient to provide for additional modes of payment of stamp duties; It is hereby enacted as follows:-" }

{ "id": 483, "lower_text": [ "1 Clause (f) was substituted by section 2 of the Record of Jute Growers (Border Areas) (Amendment) Act, 1975 (Act No. XXX of 1975)", "2 Section 14A was inserted by section 2 of the Record of Jute Growers (Border Areas) (Amendment) Act, 1975 (Act No. XXX of 1975)" ], "name": "The Record of Jute Growers (Border Areas) Act, 1974", "num_of_sections": 16, "published_date": "29th November, 1974", "related_act": [ 483 ], "repelled": false, "sections": [ { "act_id": 483, "details": "1. (1) This Act may be called the Record of Jute Growers (Border Areas) Act, 1974. (2) It shall be deemed to have come into force on the 21st day of August, 1974.", "name": "Short title and commencement", "related_acts": "483", "section_id": 1 }, { "act_id": 483, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“border area” means the area of land lying within ten miles adjacent to the frontier of Bangladesh; (b)\t“dealer” means any person who purchases, or negotiates for the purchase of, or stores, or sells, or undertakes the grading or baling or spinning or manufacturing of, jute or jute manufactures and includes all kinds of dealers in jute and jute manufactures commonly known as faria, bepari, paikar, arathdar, broker, commission agent, kutcha baler, pucca baler, manufacturer, export agent, and exporter, but does not include a grower of jute storing or selling his own produce; (c)\t“Director” means the Director, Directorate of Jute, Government of Bangladesh and includes any person who, for the time being, performs the duties of that office; (d)\t“grow” with its grammatical variations, when used in relation to jute, includes “sow” with its grammatical variations, irrespective of whether the jute is harvested or not; (e)\t“grower's card” means a card issued to a grower of jute under sub-section (2) of section 4; 1(f) \t“grower of jute” means any person who, either himself or by members of his family or by hired labourers or by any arrangement to share the produce, grows jute in any year on any land in his possession and includes, in relation to any land, any person who, as adhiar, bargadar, bhagdar or otherwise, receives any share of jute grown in such land; (g)\t“jute” means the plant known botanically as belonging to the genus corchorus, and includes all the species of that genus, whether known commonly as pat, kosta, nalia or by any other name, and also means the plant known botanically as hibiscus cannabinus and known commonly as mesta, and includes any jute fibre which has not been subjected to any process of spinning or weaving; (h)\t“land” includes any land on which jute is grown in any year but does not include any land on which, with the permission in writing of the Government or any person authorised by the Government in this behalf, jute is grown in any year for bona fide experimental or demonstrational purposes.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 483, "details": "3. (1) The Government may, by notification in the official Gazette, direct that there shall be prepared, in respect of such year as may be specified in the notification, a record of all growers of jute in the border area or in such part thereof as may be specified in the notification, in which shall be entered the lands on which such growers of jute have grown, or intend to grow, jute in that year: Provided that, for the purpose of such record, the border area may be divided into separate zones and a separate record may be prepared for each such zone. (2) Upon the issue of a notification under sub-section (1), the Director shall prepare, or cause to be prepared, within such period and in such manner and form as the Government may direct, the record referred to in sub-section (1).", "name": "Preparation of record, etc.", "related_acts": "", "section_id": 3 }, { "act_id": 483, "details": "4. (1) For the purpose of preparation of a record under section 3, every grower of jute referred to in sub-section (1) of section 3 shall, within such period and at such place as may be specified by the Director or any officer authorised by him in this behalf, declare or submit either personally, or in such other manner as the Director or such officer, considering the circumstances of the grower, may permit, to the person authorised to prepare the record his name and other particulars including those of the lands on which he has grown, or intends to grow, jute. (2) Immediately upon the declaration or submission of the name and other particulars of the grower of jute, the person preparing the record shall enter in the record the name and particulars and shall issue to the grower of jute a grower's card in which shall be entered the name and the particulars declared or submitted by the grower of jute.", "name": "Liability of growers of jute to submit names and other particulars", "related_acts": "", "section_id": 4 }, { "act_id": 483, "details": "5. (1) No grower of jute referred to in sub-section (1) of section 3 shall, unless authorised in writing in this behalf by the Director, sell or otherwise dispose of jute grown by him except to such dealer as the Director may specify in this behalf. (2) The Director may require every grower of jute referred to in sub-section (1) of section 3 to sell the entire quantity of jute produced by him after retaining not more than two maunds for his own consumption, to such dealer and in such manner and at such price on garsat basis and within such period as may be specified by the Director and to maintain an account of sale in the grower's card. (3) The dealer to whom a grower of jute is required to sell jute in pursuance of a direction under sub-section (2) shall purchase jute in accordance with such direction: Provided that the dealer may decline to purchase any lot of jute if the content of sticks or hunka in the lot exceeds three per cent (4) The Director, in determining the price of jute under sub-section (2), shall have regard to the average quality of jute on garsat basis. (5) No grower of jute shall sell jute to any dealer referred to in sub-section (2) except in its dry condition nor shall such jute contain moisture in excess of the natural moisture inherent in the fibre. (6) Any grower of jute whose stocks of jute contain high percentage of sticks or hunka shall, with the prior permission of the Director or any other officer authorised by him in this behalf, sell or otherwise dispose of such stocks to such dealer and in such manner and at such price and within such period as may be specified by the Director or such officer and shall also maintain account of such sale or disposal in the grower's card. (7) Every grower of jute shall, on demand by the Director or any person authorised by him in this behalf, produce the grower's card for inspection. (8) The provisions of this section shall have effect subject to any order made under section 6. Explanation.- For the purposes of this section, “maund” means a standard maund of forty seers, each seer weighing eighty tolas.", "name": "Prohibition to sell jute, etc.", "related_acts": "", "section_id": 5 }, { "act_id": 483, "details": "6. The Government may, by general or special order in writing, direct the growers of jute referred to in sub-section (1) of section 3 not to transport, stock, sell or otherwise dispose of any jute except in such manner or in accordance with such conditions as may be specified in the order.", "name": "Power of Government to prohibit transport, stock, etc. of jute", "related_acts": "", "section_id": 6 }, { "act_id": 483, "details": "7. No person shall, after the commencement of this Act, carry any jute from any inland area into the border area: Provided that the Government may, by general or special order in writing, exempt, to such extent and subject to such conditions as may be specified in the order, any person or class of persons from the operation of this section.", "name": "Prohibition of movement of jute into the border area", "related_acts": "", "section_id": 7 }, { "act_id": 483, "details": "8. (1) The Director, or any person authorised by him in this behalf, may enter upon, and make survey of, any land where jute is grown or likely to be grown in any year and may require the grower of jute to furnish such particulars or documents relating to his lands or jute sowings as the Director or such person may call for. (2) The Director, or any person authorised by him in this behalf, may enter upon any premises in which he has reasons to believe that there is any stock of jute and inspect the jute stock, if any.", "name": "Inspection, etc.", "related_acts": "", "section_id": 8 }, { "act_id": 483, "details": "9. Any person authorised by the Director in writing in this behalf may, if he has reasons to believe that a contravention of the provisions of this Act or any order or direction made or issued thereunder has been committed or is likely to be committed,- (a)\tseize, with the previous sanction in writing of such authority as may be specified in the rules, stocks of jute in respect of which such contravention is believed to have been committed or is likely to be committed; (b) \tdirect the person from whose possession or custody such stocks of jute have been seized to sell the same to such dealer, in such manner, at such price and within such period as may be specified by the Director; (c) \ton failure of the person mentioned in clause (b) to sell the seized stocks of jute in accordance with his directive under that clause, sell such stocks of jute to such dealer and at such price as may be specified by the Director and to hand over the sale proceeds to such person after deduction of cost incidental to sale; and  (d) \trequire any person reasonably suspected of being concerned in such contravention to cause his stocks of jute to be shifted to such place as he may specify and to sell the same to such dealer and at such price as may be specified by the Director.", "name": "Power to seize jute stock, etc.", "related_acts": "", "section_id": 9 }, { "act_id": 483, "details": "10. If any person- (a)\twhen required under this Act or any order or direction made or issued thereunder to make a statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows, or has reasonable cause to believe, to be false, or does not believe to be true, or (b) \tmakes any such statement as aforesaid in any account or record which he is required by or under this Act to maintain or furnish, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.", "name": "False information", "related_acts": "", "section_id": 10 }, { "act_id": 483, "details": "11. (1) Any person who contravenes or fails to comply with any provision of this Act or any order or direction made or issued thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. (2) Any court trying an offence under this Act may direct that the whole or a part of the jute in respect of which the court is satisfied that the offence has been committed shall be forfeited to the Government.", "name": "Penalty", "related_acts": "", "section_id": 11 }, { "act_id": 483, "details": "12. No prosecution for an offence punishable under this Act shall be instituted except upon complaint in writing by the Director or any person authorised by him in writing in this behalf.", "name": "Cognizance of offence", "related_acts": "", "section_id": 12 }, { "act_id": 483, "details": "13. No suit, prosecution or other legal proceedings shall lie against the Government, Director or any other person authorised by the Director in this behalf, in respect of anything in good faith done or intended to be done under this Act or any order made thereunder.", "name": "Indemnity", "related_acts": "", "section_id": 13 }, { "act_id": 483, "details": "14. Any order made or direction issued under this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.", "name": "Effect of orders, etc., inconsistent with other enactments", "related_acts": "", "section_id": 14 }, { "act_id": 483, "details": "214A. 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": 15 }, { "act_id": 483, "details": "15. (1) The Record of Jute Growers (Border Areas) Ordinance, 1974 (Ord. XIV of 1974), is hereby repealed. (2) Notwithstanding such repeal, anything done, any action taken, including any order made, notification issued or direction given under the said Ordinance shall be deemed to have been done, taken, made, issued or given, as the case may be, under the corresponding provision of this Act.", "name": "Repeal and savings", "related_acts": "", "section_id": 16 } ], "text": "An Act to provide for the preparation of records of growers of jute and lands on which jute is grown by them within the border area. WHEREAS it is expedient to provide for the preparation of records of growers of jute and lands on which jute is grown by them within the border area for the purpose of ensuring more effective check on smuggling and for matters ancillary thereto; It is hereby enacted as follows:-" }

{ "id": 484, "lower_text": [], "name": "The Finance Act, 1975", "num_of_sections": 12, "published_date": "30th June, 1975", "related_act": [ 484, 206, 306, 473, 442, 155 ], "repelled": false, "sections": [ { "act_id": 484, "details": "1. (1) This Act may be called the Finance Act, 1975. (2) Subject to the Provisional Collection of Taxes Act, 1931 (XVI of 1931), and the declaration made thereunder, this Act shall, except as otherwise provided, come into force on the 1st day of July, 1975.", "name": "Short title and commencement", "related_acts": "484,155", "section_id": 1 }, { "act_id": 484, "details": "2. The following amendments shall be made in the Income-tax Act, 1922 (XI of 1922), namely:- (1) throughout the Act,- (a) for the words “Commissioner of Income-tax” and “Commissioners of Income-tax” wherever occurring, the words “Commissioner of Taxes” and “Commissioners of Taxes” shall respectively be substituted; (b) for the words “Assistant Commissioner”, “Assistant Commissioner of Income-tax” and “Assistant Commissioners of Income-tax”, wherever occurring, the words “Joint Commissioner”, “Joint Commissioner of Taxes” and “Joint Commissioners of Taxes” shall respectively be substituted; (c) \tfor the words “an Income-tax Officer”, “Income-tax Officer” and “Income-tax Officers” wherever occurring, the words “a Deputy Commissioner of Taxes”, “Deputy Commissioner of Taxes” and “Deputy Commissioners of Taxes” shall respectively be substituted; (d) \tfor the words “Assistant Income-tax Officer” and “Assistant Income-tax Officers” wherever occurring, the words “Extra Assistant Commissioner of Taxes” and “Extra Assistant Commissioners of Taxes” shall respectively be substituted; and (e) \tfor the words “Inspector of Income-tax” and “Inspectors of Income-tax” wherever occurring, the words “Inspector of Taxes” and “Inspectors of Taxes” shall respectively be substituted; (2) \tin section 2,- (a) \tfor clause (3) the following shall be substituted, namely:- “(3)\t“Appellate Joint Commissioner” means a person appointed to be an Appellate Joint Commissioner of Taxes under section 5;”; (b)\tfor clause (3A) the following shall be substituted, namely:- “(3A) “Assistant Commissioner of Taxes” means a person appointed to be an Assistant Commissioner of Taxes under section 5;”; (c) \tafter clause (5B) the following new clause (5BB) shall be inserted, namely:- “(5BB) “Deputy Commissioner of Taxes” means a person appointed to be a Deputy Commissioner of Taxes under section 5 and includes a person appointed to be a Special Officer, an Assistant Commissioner of Taxes, an Extra Assistant Commissioner of Taxes and an Examining Officer;”; (d) \tafter clause (6AAA), the following new clause (6AAAA) shall be inserted, namely:- “(6AAAA) “Extra Assistant Commissioner of Taxes” means a person appointed to be an Extra Assistant Commissioner of Taxes under section 5;”; (e) \tfor clause (6D) the following shall be substituted, namely:- “(6D) “Inspecting Joint Commissioner” means a person appointed to be an Inspecting Joint Commissioner of Taxes under section 5;”; (f) \tclause (7) shall be omitted; (3) \tin section 4, in sub-section (3),- (a) clause (vii) shall be omitted; (b) \tin clause (xii), in sub-clause (e), for the full-stop at the end a semi-colon shall be substituted; and (c)\tafter sub-clause (e), amended as aforesaid, the following new sub-clause (f) shall be inserted, namely:- “(f)\tin respect of a building the erection of which is begun and completed at any time between the first day of July, 1975 and the thirtieth day of June, 1980 (both days inclusive) and the building is intended to be, and is actually, used for residential purposes only, for a period of five years from the date of such completion, subject to the following limits, namely:- (i) in a case where annual value of such building does not exceed eight thousand and four hundred Taka. .. The whole of such value; (ii) in a case where annual value of such building exceeds eight thousand and four hundred Taka. .. Eight thousand and four hundred Taka: Provided that where an assessee claims exemption in respect of more than one such building the exemption under this sub-clause shall be restricted to such portion of the aggregate annual value of such building as does not exceed eight thousand and four hundred Taka.”; (4) in section 5,- (a) for sub-section (1) the following shall be substituted, namely:- “(1) There shall be the following classes of income-tax authorities for the purposes of this Act, namely:- (a) the National Board of Revenue, (b) Directors of Inspection, (c) Commissioners of Taxes, (d) Joint Commissioners of Taxes who may be either Appellate Joint Commissioners of Taxes or Inspecting Joint Commissioners of Taxes, (e) Special Officers, (f) Deputy Commissioners of Taxes, (g) Assistant Commissioners of Taxes, (h) Extra Assistant Commissioners of Taxes, (i) Tax Recovery Officers, (j) Examining Officers, and (k) Inspectors of Taxes.”; (b) after sub-section (8), the following new sub-section (9) shall be added, namely:- “(9) References in any Act, Ordinance, Regulation, Rule, Order, bye-law, deed, document or any other instrument of whatever nature to Commissioners of Income-tax, Assistant Commissioners of Income-tax, Income-tax Officers, Assistant Income-tax Officers and Inspectors of Income-tax shall, with their grammatical variations, except where the context otherwise requires, be construed as references respectively to Commissioners of Taxes, Joint Commissioners of Taxes, Deputy Commissioners of Taxes, Extra Assistant Commissioners of Taxes and Inspectors of Taxes; and any such Act, Ordinance, Regulation, Rule, Order, by-law, deed, document or any other instrument of whatever nature shall have effect accordingly.”; (5) in section 5A, for sub-section (3) the following sub-section shall be substituted, namely:- “(3)  A judicial member shall be a person who has exercised the powers of a District Judge or who possesses such qualifications as are normally required for appointment to the post of District Judge; and an accountant member shall be a person who has, for a period of not less than six years, practised professionally as a Chartered Accountant within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), or who has served as a Joint Commissioner of Taxes for at least three years; Explanation. For the purposes of this sub-section- (a) period of practice as Chartered Accountant shall include any period of practice as Chartered Accountant within the meaning of the Chartered Accountants Ordinance, 1961 (Ord. X of 1961), or as registered Accountant enrolled on the register of accountants under the Auditor’s Certificate Rules, 1950; and (b) period of service as Joint Commissioner of Taxes shall include any period of service as Assistant Commissioner of Income-tax.”; (6) in section 10, in sub-section (5), in clause (b), in the third proviso, for the word “forty” the word “sixty” shall be substituted; (7) in section 12,- (a) in sub-section (3), for the full-stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:- “Provided that the second proviso to clause (vii) of sub-section (2) of section 10 shall also be applicable for determination of any profits where the value for which the machinery or plant is sold, transferred or compulsorily acquired exceeds the amount of the written down value of such machinery or plant.”; and (b) in sub-section (4), for the full-stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:- “Provided that the second proviso to clause (vii) of sub-section (2) of section 10 shall also be applicable for determination of any profits where the value for which the building is sold, transferred or compulsorily acquired exceeds the amount of the written down value of such building.”; (8) in section 12 B,- (a) in sub-section (2), after the first proviso, the following new proviso shall be inserted and shall be deemed to have been so inserted with effect from the first day of July, 1974, namely:- “Provided further that without prejudice to the provisions of the first proviso if in the opinion of the Deputy Commissioner of Taxes the fair market value of a capital asset transferred by an assessee as on the date of the transfer exceeds the full value of the consideration declared by the assessee in respect of the transfer of such capital asset by an amount of not less than fifteen per cent of the value so declared, the full value of the consideration for such capital asset shall, with the previous approval of the Inspecting Joint Commissioner of Taxes, be taken to be its fair market value on the date of its transfer:”; and (b) after sub-section (4), the following new sub-section (5) shall be added and shall be deemed to have been so added with effect from the first day of July, 1974, namely:- “(5) Notwithstanding anything contained in sub-section (1) where a capital gain arises from the sale, exchange or transfer of a capital asset being buildings or lands appurtenant thereto the income of which is chargeable under the head “Income from property”, which in the two years immediately preceding the date on which the sale, exchange or transfer took place, was being used by the assessee or a parent of his mainly for the purposes of his own or the parent’s own residence, and the assessee has within a period of one year before or after that date purchased, or has within a period of two years after that date constructed, a house property for the purposes of his own residence, then, instead of the capital gain being charged to tax as income of the previous year in which the sale, exchange or transfer took place, it shall, if the assessee so elects in writing before the assessment is made, be dealt with in accordance with the following provisions of this sub-section, that is to say,- (a) if the amount of the capital gain is greater than the cost of the new asset,- (i) the difference between the amount of the capital gain and the cost of the new asset shall be charged under this section as income of the previous year, and (ii) for the purpose of computing in respect of the new asset any capital gain arising from its sale, exchange or transfer within a period of three years of its purchase or construction, as the case may be, the cost shall be nil; or (b) if the amount of the capital gain is equal to or less than the cost of the new asset,- (i) the capital gain shall not be charged under this section, and (ii) for the purpose of computing in respect of the new asset any capital gain arising from its sale, exchange or transfer within a period of three years of its purchase or construction, as the case may be, the cost shall be reduced by the amount of the capital gain: Provided that where in respect of the purchase or construction of a new capital asset consisting of building for the purpose of assessee’s own residence and the assessee satisfies the Deputy Commissioner of Taxes that despite the exercise of due diligence it has not been possible to make the purchase or construction within the period specified in this sub-section, the Deputy Commissioner of Taxes may, with the prior approval of the Inspecting Joint Commissioner of Taxes, extend the said period to such date as he considers reasonable.”; (9) in section 14A,- (a) in sub-section (1), for the figure “1978” the figure “1974” shall be substituted; (b) after sub-section (2), the following new sub-sections (2A) and (2B) shall be inserted, namely:- “(2A) Subject to the provisions of this Act, the income, profits and gains of an industrial undertaking set-up in taxable territories between the first day of July, 1974 and the thirtieth day of June, 1976 (both dates inclusive), shall be exempted from the income-tax and super tax payable under this Act for a period of five years beginning with the month in which the commercial production of the undertaking is commenced: Provided that in the case of an industrial undertaking set-up in such areas as may be specified in this behalf by the National Board of Revenue, by notification in the official Gazette, this sub-section shall have effect as if for the words “five years” the words “seven years” were substituted. (2B) The exemption under sub-section (2A) shall apply to an industrial undertaking which fulfils the following conditions, namely:- (a) that it is owned and managed by a company formed and registered under the Companies Act, 1913 (VII of 1913), or a body corporate formed in pursuance of an Act of Parliament, having- (i) its registered office or head office in the taxable territories; and (ii) except in the case of a company or other body corporate under the control of Government or of a corporation the administration and management of which is subject to instruction, direction or control of Government, a subscribed and paid-up capital of not less than one lakh Taka and not more than three crores Taka; (b) that it belongs to the class of industries specified by the National Board of Revenue for this purpose by notification in the official Gazette; (c) that as respects the industrial undertaking set-up in the areas notified by the National Board of Revenue in this behalf in the official Gazette not less than sixty per cent of the income, profits and gains exempted under this sub-section are reinvested in the industrial undertaking from which such income, profits and gains have been derived or are invested in the purchase of bond issued by the Government: Provided that in the case of an industrial undertaking set-up in areas other than the areas so notified, this clause shall have effect as if for the words “sixty per cent” the words “thirty per cent” were substituted; (d) that an application for exemption in the prescribed form and verified in the prescribed manner has been made to the National Board of Revenue within four months of the month in which the undertaking goes into commercial production: Provided that in respect of any undertaking which was set up and the commercial production of which commenced on any day between the first day of July, 1974 and the thirtieth day of June, 1975, the period of four months shall be reckoned from the first day of July, 1975; (e) that it is approved by the National Board of Revenue for purposes of this sub-section : Provided that an industrial undertaking approved under this clause may, not later than six months from the date of approval, apply in writing to the National Board of Revenue for the cancellation of such approval, and the National Board of Revenue may pass such orders thereon as it may deem fit: Provided further that where any exemption has been allowed under this sub-section and it is subsequently discovered by the Deputy Commissioner of Taxes that any one or more of the condition specified in this sub-section was or were not fulfilled, as the case may be, the exemption originally allowed shall be deemed to have been wrongly allowed and the Deputy Commissioner of Taxes may, notwithstanding anything contained in this Act, recompute the total income of the assessee for the relevant previous year and the provisions of section 34 shall, so far as may be, apply thereto, the period of four years specified under sub-section (2) of that section being reckoned from the end of the assessment year relevant to the previous year in which the infringement was discovered.”; (10) in section 15, in sub-section (3), after the proviso, the following new proviso shall be added, namely:- “Provided further that as respects any assessment year beginning on the first day of July, 1976, the provisions of this section shall have effect as if for the words “thirty per cent” the words “twenty-five per cent” were substituted.”; (11) in section 15E,- (a) for the words “three hundred” the words “five hundred”, and for the words “nine hundred” the words “fifteen hundred” shall be substituted; and (b) in the second proviso, for the words “three hundred” the words “five hundred”, for the words “six hundred” the words “one thousand” and for the words “nine hundred” the words “fifteen hundred” shall be substituted; (12) in section 15H, for the full-stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:- “Provided that in the case of an assessee, being married individual, the provision shall have effect as if for the words “two thousand Taka” the words “three thousand Taka” were substituted.”; (13) in section 17, in sub-section (5), in clause (b),- (a) the words, figures, brackets and letter “or any capital gains to which the first proviso to sub-section (1) of section 12B applies” shall be omitted; and (b) in sub-clause (ii), for paragraph (2) the following shall be substituted, namely:- “(2) the amount of the said income as reduced by- (i) an amount equal to thirty per cent. of the amount of the said income which has arisen on account of disposal by the assessee of his capital asset or assets after one year but before three years from the date of its or their acquisition; or (ii) an amount equal to fifty per cent. of the amount of the said income which has arisen on account of disposal by the assessee of his capital asset or assets after three years but before fifteen years from the date of its or their acquisition; or (iii) an amount equal to seventy per cent. of the amount of the said income which has arisen on account of disposal by the assessee of his capital asset or assets after fifteen years from the date of its or their acquisition: Provided that in the determination of the year under this paragraph, part of a year less than six months shall be disregarded and part of a year equal to or exceeding six months shall be regarded as one year.”; (14) in section 18A,- (a) in sub-section (1), for the words “twelve thousand Taka” the words “twenty thousand Taka” shall be substituted; and (b) in sub-section (3), for the words “twelve thousand Taka” the words “twenty thousand Taka” shall be substituted; (15) in section 23A, in sub-section (2), in clause (b), in the proviso, for the word “two” the word “four” shall be substituted; (16) in section 30, in sub-section (1), after the first proviso, the following new proviso shall be inserted, namely:- “Provided further that the National Board of Revenue may, upon an application made in this behalf, in any case modify or waive the requirement of the first proviso:”; (17) in section 31, for sub-section (4) the following shall be substituted, namely:- “(4) The Appellate Joint Commissioner may,- (a) in the case of an order of assessment- (i) reduce, enhance or annul the assessment; or (ii) set aside the assessment and direct the Deputy Commissioner of Taxes to make a fresh assessment after making such further inquiry as the Deputy Commissioner of Taxes thinks fit or the Appellate Joint Commissioner may direct, and the Deputy Commissioner of Taxes shall thereupon proceed to make such fresh assessment and determine where necessary the amount of tax payable on the basis of such fresh assessment; or (b) in the case of an order cancelling the registration of a firm under sub-section (4) of section 23 or sub-section (4) of section 26A or refusing to register a firm under sub-section (4) of section 23 or section 26A cancel such order and direct the Deputy Commissioner of Taxes to register the firm or set aside such order and direct the Deputy Commissioner of Taxes to make such further inquiry as he thinks fit or as the Appellate Joint Commissioner may direct, and the Deputy Commissioner of Taxes shall thereupon proceed to make such inquiry and shall thereafter make a fresh order registering the firm or refusing to register it or cancelling its registration, as he may think fit; or (c) in the cases of an order under sub-section (2) of section 25 or sub-section (1) of section 23A or sub-section (2) of section 26 or section 48, 49, or 49F, cancel or vary such order; or (d) in the case of an order under sub-section (1) of section 25A, cancel such order and either direct the Deputy Commissioner of Taxes to make further inquiry and pass a fresh order or to make an assessment in the manner laid down in sub-section (2) of section 25A; or (e) in the case of an order under section 28 or sub-section (6) of section 44E or sub-section (5) of section 44F or sub-section (1) of section 46, cancel such order or vary it so as either to enhance or reduce the penalty or set aside such order and direct the Deputy Commissioner of Taxes to make fresh order after making such inquiry as the Deputy Commissioner of Taxes thinks fit or as the Appellate Joint Commissioner may direct, and the Deputy Commissioner of Taxes shall thereupon proceed to make such fresh order and determine the amount of penalty on the basis of such order; or (f) in the case of an appeal against a computation of loss under section 24, vary such computation; or (g) in the case of an appeal under sub-section (1A) of section 30 decide that the person is or is not liable to make the deduction and in the latter case direct the refund of the sum paid under sub-section (6) of section 18: Provided that the Appellate Joint Commissioner shall not enhance an assessment or a penalty unless the appellant has had a reasonable opportunity of showing cause against such enhancement: Provided further that at the hearing of any appeal against an order of a Deputy Commissioner of Taxes, the Deputy Commissioner of Taxes shall have the right to be heard either in person or by a representative.”; (18) in section 33, in sub-section (1), in the proviso, for the full-stop at the end a colon shall be substituted and thereafter the following new proviso shall be added, namely:- “Provided further that the National Board of Revenue may, upon an application made in this behalf, in any case modify or waive the requirement of the first proviso.”; (19) in section 33A, in sub-section (2A), in clause (b) for the full-stop at the end a colon shall be substituted and thereafter the following new proviso shall be added, namely:- “Provided that the National Board of Revenue may, upon an application made in this behalf, in any case modify or waive the requirement of clauses (a) and (b).”; (20) in section 34, in sub-section (2), in the proviso, for clause (iv) the following shall be substituted, namely:- “(iv) notwithstanding anything contained in this section limiting the time within which any action may be taken or any order, assessment or re-assessment may be made, assessment or re-assessment, as the case may be, to be made on the assessee or any person in consequence of, or to give effect to, any finding or direction in an order under section 31, section 33, section 33A, section 34A, section 66 or section 66A or, in the case of a firm, an assessment to be made on a partner of a firm in consequence of an assessment made on the firm, may be made- (a) in the case of any such order made before the 1st day of July, 1975, within four years from that date; and (b) in any other case, within four years from the end of the year in which such order was made.”; (21) in section 46, sub-sections (8), (9) and (10) shall be omitted.", "name": "Amendment of Act XI of 1922", "related_acts": "442,306", "section_id": 2 }, { "act_id": 484, "details": "3. The amendments set out in the First Schedule to this Act shall be made in the Tariff Act, 1934 (XXXII of 1934).", "name": "Amendment of Act XXXII of 1934", "related_acts": "", "section_id": 3 }, { "act_id": 484, "details": "4. The following amendments shall be made in the Excises and Salt Act, 1944 (I of 1944), namely:- (1)\tthroughout the Act, for the words “Collector of Central Excise”, “Deputy Collector of Central Excise”, “Assistant Collector of Central Excise”, “Superintendent of Central Excise” and “National Excise Officer” wherever occurring, the words “Collector of Excise”, “Deputy Collector of Excise”, “Assistant Collector of Excise”, “Superintendent of Excise” and “Excise Officer” shall respectively be substituted; and (2)\tthe First Schedule to that Act shall be amended in the manner set out in the Second Schedule to this Act.", "name": "Amendment of Act I of 1944", "related_acts": "206", "section_id": 4 }, { "act_id": 484, "details": "5. The following amendments shall be made in the Estate Duty Act, 1950 (X of 1950), namely:- (1)\tin section 67, in sub-section (3), for the words “Income-tax Officer” the words “Deputy Commissioner of Taxes” shall be substituted ; and (2)\tin section 74B, in sub-section (1), for the words “Income-tax Officer” the words “Deputy Commissioner of Taxes” shall be substituted.", "name": "Amendment of Act X of 1950", "related_acts": "", "section_id": 5 }, { "act_id": 484, "details": "6. The Finance Act, 1950 (E.B. Act XVI of 1950), shall- (1)\tin its operation during the period commencing the first day of July, 1973 and ending the thirtieth day of June, 1974, have effect and shall be deemed to have had effect as if in section 3, in sub-section (1), in clause (d), for sub-clause (iii) the following were substituted, namely:- “(iii) (a)\tclearing, forwarding agents registered at a customs port – 2,000; (b)\tclearing, forwarding agents registered at a land customs station or a customs-airport – 1,000”; and (2) \ton the first day of July, 1975, stand repealed.", "name": "Amendment in its past operation and repeal, E.B. Act XVI of 1950", "related_acts": "", "section_id": 6 }, { "act_id": 484, "details": "7. The following amendments shall be made in the Sales Tax Act, 1951 (III of 1951), namely:- (1)\tthroughout the Act, unless otherwise specified,- (a)\tfor the words “Commissioner of Sales Tax” wherever occurring the words “Commissioner of Taxes” shall be substituted; (b)\tfor the words “Assistant Commissioner” and “Assistant Commissioner of Sales Tax” wherever occurring the words “Joint Commissioner” and “Joint Commissioner of Taxes” shall respectively be substituted; and (c)\tfor the words “Sales Tax Officer” wherever occurring the words “Deputy Commissioner of Taxes” shall be substituted; (2)\tin section 2,- (a)\tfor clause (1), the following shall be substituted, namely:- “(1)\t“Appellate Joint Commissioner” means a person exercising the powers of an Appellate Joint Commissioner of Taxes under section 5;”; (b) after clause (4), the following new clause (4A) shall be inserted, namely:- “(4A) “Deputy Commissioner of Taxes” means a person exercising the powers of a Deputy Commissioner of Taxes under section 5;”; (c) for clause (7), the following shall be substituted, namely:- “(7) “Inspecting Joint Commissioner” means a person exercising the powers of an Inspecting Joint Commissioner of Taxes under section 5;”; (d) clause (10) shall be omitted; (e) clause (17) shall be omitted; (3)\t in section 3,- (a) in sub-section (1), clauses (c) and (e) shall be omitted; (b) in sub-section (3), clauses (iii) and (iv) shall be omitted; (c)\tin sub-section (4), the comma, brackets, and letter “, (c)” shall be omitted; (d)\tfor sub-section (7), the following shall be substituted, namely:- “(7)\tIf any person other than the manufacturer or producer or importer or exporter hereinbefore mentioned acquires from or against any one of these persons the right to sell any goods as a result of the operation of law, the sale of such goods by him shall be taxable as if made by the manufacturer or producer or importer or exporter, as the case may be, and the person so selling shall be liable to pay the tax.”; (4)\tfor section 4, the following shall be substituted, namely:- “4.\tTax not payable on certain transactions.-Notwithstanding anything contained in section 3, the tax shall not be payable on goods purchased in taxable territories or on goods imported into the taxable territories by the manufacturer to whom a licence is issued under the proviso to sub-section (2) of section 8. 4A. Tax credit. There shall be given credit of the amount of tax paid at the time of purchase or import of goods by the licensed manufacturer or producer or importer, as the case may be, under the provisions of section 3 if such goods are partly manufactured goods and are actually used in the manufacture or production of goods which are subject to tax.”; (5) in section 5,- (a)\tfor sub-section (1) , the following shall be substituted, namely:- “(1)\tEvery Commissioner of Taxes, Appellate Joint Commissioner of Taxes, Inspecting Joint Commissioner of Taxes, Deputy Commissioner of Taxes and Tax Recovery Officer under the Income- tax Act, 1922 (XI of 1922) shall exercise the powers of a Commissioner of Taxes, Appellate Joint Commissioner of Taxes, Inspecting Joint Commissioner of Taxes, Deputy Commissioner of Taxes and Tax Recovery Officer, respectively, under this Act and in relation to the same area and cases as he exercises under the Income-tax Act, 1922.”; (b)\tafter sub-section (3), the following new sub-section (4) shall be added, namely:- “(4)\tReferences in any Act, Ordinance, Regulation, Rule, Order, bye-law, deed, document or any other instrument of whatever nature to Commissioner of Sales Tax, Assistant Commissioner of Sales Tax and Sales Tax Officer shall, with their grammatical variations, except where the context otherwise requires, be construed as references respectively to Commissioner of Taxes, Joint Commissioner of Taxes and Deputy Commissioner of Taxes; and any such Act, Ordinance, Regulation, rule, Order, bye-law, deed, document or any other instrument of whatever nature shall have effect accordingly.”; (6) \tin section 8, in sub-section (1), for the word “five” the word “fifty” shall be substituted; (7) \tsection 9 shall be omitted; (8) \tin section 10, in sub-section (1), the words “and every licensed whole-seller” shall be omitted; (9) \tin section 12, for sub-section (1), the following shall be substituted, namely:- “(1) Subject to the provisions of sub-section (4) of section 3, every person liable to pay tax under clause (a) and clause (aa) of sub-section (1) of section 3 shall, in such manner as may be prescribed, pay the tax leviable under this Act before the end of the calendar month next succeeding the month in which the goods in respect of which tax is payable were sold.”; (10) \tin section 19, in sub-section (1), the words “and every licensed whole-seller” shall be omitted;  (11) \tin section 20, the words “or by a licensed wholesaler” shall be omitted; (12) \tin section 21, the words “not licensed under section 9” shall be omitted; (13) \tin section 23, in sub-section (1A), the words “or licensed whole-seller” shall be omitted; (14) \tin section 27, for sub-section (1) the following shall be substituted, namely:- “(1) \tWhere partly manufactured goods are purchased by a manufacturer or producer not licensed under section 8 and tax has been paid on the goods on importation or on any previous sale refund or credit of the tax so paid shall not be made to such manufacturer or producer.”; (15) in section 29, the words “or a licensed whole-seller” shall be omitted; (16) in section 31, the words “or a licensed whole-seller” shall be omitted.", "name": "Amendment of Act III of 1951", "related_acts": "", "section_id": 7 }, { "act_id": 484, "details": "8. The following amendments shall be made in the Gift-tax Act, 1963 (XIV of 1963), namely:- (1)\tthroughout the Act, unless otherwise specified,- (a)\tfor the words “Commissioner of Gift-tax” and “Commissioners of Gift-tax” wherever occurring the words “Commissioner of Taxes” and “Commissioners of Taxes” shall respectively be substituted; (b)\tfor the words “Assistant Commissioner”, “Assistant Commissioners”, “Assistant Commissioner of Gift-tax” and “Assistant Commissioners of Gift-tax” wherever occurring the words “Joint Commissioner”, “Joint Commissioners”, “Joint Commissioner of Taxes” and “Joint Commissioners of Taxes” shall respectively be substituted; and (c)\tfor the words “Gift-tax Officer” and “Gift-tax Officers” wherever occurring the words “Deputy Commissioner of Taxes” and “Deputy Commissioners of Taxes” shall respectively be substituted; (2) \tin section 2,- (a)\tfor clause (i) the following shall be substituted, namely:- “(i) “Appellate Joint Commissioner” means a person empowered to exercise the powers of an Appellate Joint Commissioner of Taxes under section 8;”; (b)\tafter clause (vii), the following new clause (viia) shall be inserted, namely:- “(viia) “Deputy Commissioner of Taxes” means a person empowered to exercise the powers of a Deputy Commissioner of Taxes under section 7;”; (c)\tclause (xiii) shall be omitted; (d)\tclause (xv) shall be omitted; (e)\tfor clause (xvi) the following shall be substituted, namely:- “(xvi) “Inspecting Joint Commissioner of Taxes” means a person empowered to exercise the functions of an Inspecting Joint Commissioner of Taxes under section 10;”; (3) in section 7, for sub-section (1) the following shall be substituted, namely:- “Deputy Commissioner of Taxes and Tax Recovery Officers.- (1) Every Deputy Commissioner of Taxes and Tax Recovery Officer having jurisdiction or exercising powers as such under the Income-tax Act, 1922 (XI of 1922), in respect of any person shall perform the functions of a Deputy Commissioner of Taxes or, as the case may be, a Tax Recovery Officer under this Act in respect of that person. Explanation. For the purposes of this sub-section, “Deputy Commissioner of Taxes and Tax Recovery Officer having jurisdiction”, in relation to a person who has no income assessable to income-tax under the Income-tax Act, means the Deputy Commissioner of Taxes or, as the case may be, the Tax Recovery Officer of the area in which that person resides.”;  (4) \tin Chapter III, after section 12, the following new section 12A shall be added, namely:- “12A. Reference in respect of Gift-tax Authorities.-References in any Act, Ordinance, Regulation, Rule, Order, bye-law, deed, document or any other instrument of whatever nature to Commissioner of Gift-tax, Assistant Commissioner of Gift-tax and Gift-tax Officer shall, with grammatical variations, except where the context otherwise requires, be construed as references respectively to Commissioner of Taxes, Joint Commissioner of Taxes and Deputy Commissioner of Taxes; and any such Act, Ordinance, Regulation, rule, Order, bye-law, deed, document or any other instrument of whatever nature shall have effect accordingly.”; (5) \tin section 33, for the words “and to Gift-tax Officer and Commissioner of Gift-tax instead of to Income-tax Officer and Commissioner of Income-tax” the words “and to Deputy Commissioner of Taxes and Commissioner of Taxes under this Act instead of to Deputy Commissioner of Taxes and Commissioner of Taxes under that Act” shall be substituted.", "name": "Amendment of Act XIV of 1963", "related_acts": "", "section_id": 8 }, { "act_id": 484, "details": "9. The following amendments shall be made in the Wealth-tax Act, 1963 (XV of 1963), namely:- (1)\tthroughout the Act, unless otherwise specified,- (a)\tfor the words “Commissioner of Wealth-tax” and “Commissioners of Wealth-tax” wherever occurring the words “Commissioner of Taxes” and “Commissioners of Taxes” shall respectively be substituted; (b)\tfor the words “Assistant Commissioner”, “Assistant Commissioners”, “Assistant Commissioner of Wealth-tax” and “Assistant Commissioners of Wealth-tax” wherever occurring the words “Joint Commissioner”, “Joint Commissioners”, “Joint Commissioner of Taxes” and “Joint Commissioners of Taxes” shall respectively be substituted; and (c)\tfor the words “Wealth-tax Officer” and “Wealth-tax Officers” wherever occurring the words “Deputy Commissioner of Taxes” and “Deputy Commissioners of Taxes” shall respectively be substituted; (2) in section 2,- (a)\tfor clause (a) the following shall be substituted, namely:- “(a) “Appellate Joint Commissioner” means a person empowered to exercise the powers of an Appellate Joint Commissioner of Taxes under section 9;”; (b)\tafter clause (h) the following new clause (hh) shall be added, namely:- “(hh) “Deputy Commissioner of Taxes” means a person empowered to exercise the powers of the Deputy Commissioner of Taxes under section 8;”; (c)\tclause (k) shall be omitted; (d)\tfor clause (1) the following shall be substituted, namely:- “(1)\t“Inspecting Joint Commissioner of Taxes” means a person empowered to exercise the functions of an Inspecting Joint Commissioner of Taxes under section 11;”; (e) clause (r) shall be omitted; (3) in section 8, for sub-section (1) the following shall be substituted, namely:- “(1)\tEvery Deputy Commissioner of Taxes and Tax Recovery Officer having jurisdiction or exercising powers as such under the Income-tax Act in respect of any individual, Hindu-undivided family or company shall perform the functions of a Deputy Commissioner of Taxes or, as the case may be, a Tax Recovery Officer under this Act in respect of such individual, Hindu-undivided family or company. Explanation. For the purpose of this sub-section, “Deputy Commissioner of Taxes and Tax Recovery Officer having jurisdiction”, in relation to an individual or Hindu-undivided family who has no income assessable to income-tax under the Income-tax Act, means the Deputy Commissioner of Taxes or, as the case may be, the Tax Recovery Officer of the area in which that individual or Hindu-undivided family resides.”;  (4) \tin Chapter III, after section 13, the following new section 13A shall be added, namely:- “13A.\tReference in respect of Wealth-tax authorities.- References in any Act, Ordinance, Regulation, Rule, Order, bye-law, deed, document or any other instrument of whatever nature to Commissioner of Wealth-tax, Assistant Commissioner of Wealth-tax and Wealth-tax Officer shall, with grammatical variations, except where the context otherwise requires, be construed as references respectively to Commissioner of Taxes, Joint Commissioner of Taxes and Deputy Commissioner of Taxes; and any such Act, Ordinance, Regulation, Rule, Order, bye-law, deed, document or any other instrument of whatever nature shall have effect accordingly.”; (5) \tin section 31A, for the words “Income-tax Officer” the words “Deputy Commissioner of Taxes”, and for the words “Wealth-tax Officer” the words “Deputy Commissioner of Taxes under this Act” shall respectively be substituted; (6) in section 32 for the words “and to Wealth-tax Officer and Commissioner of Wealth-tax instead of to Income-tax Officer and Commissioner of Income-tax” the words “and to Deputy Commissioner of Taxes and Commissioner of Taxes under this Act instead of to Deputy Commissioner of Taxes and Commissioner of Taxes under that Act” shall be substituted; (7) \tfor the Schedule the following shall be substituted, namely:-  “THE SCHEDULE  (See section 3) RATES OF WEALTH-TAX 1. \tOn the first Taka four 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 three lakhs of net wealth.\t.. Nil. 2. \tOn the next Taka two lakhs of net wealth\t.. 1%  3. \tOn the next Taka five lakhs of net wealth 4. \tOn the next Taka five lakhs of net wealth 5. \tOn the next Taka five lakhs of net wealth 6. \tOn the balance of net wealth  .. 1┬¢ % .. 2% .. 2┬¢ % .. 3%”.", "name": "Amendment of Act XV of 1963", "related_acts": "", "section_id": 9 }, { "act_id": 484, "details": "10. In the Finance Act, 1974 (XLIV of 1974),- (1) sections 14, 15,16, 17,20, 21 and 25 shall be repealed; (2) in section 26, for the words, figures and commas “tax or toll leviable under sections 14, 15, 16, 17, 20, 21 and 22” the words and figure “cess under section 22” shall be substituted; and (3) in section 27, for sub-section (1) the following shall be substituted, namely:- “(1)\tThe Government may, by notification in the official Gazette, make rules to provide for the procedure for the assessment, collection and payment of any cess leviable under section 22; and such rules may provide for matters relating to- (a)\tthe person by whom the cess shall be payable; (b)\tthe time and manner of such payment; (c)\tpenalty for default or delay in the payment of the cess of an amount not exceeding the amount of the cess; and (d)\tsuch other matters as may be necessary for the efficient assessment and collection of the cess.”; and (4) \tthe Third Schedule shall be repealed.", "name": "Amendment of Act XLIV of 1974", "related_acts": "473", "section_id": 10 }, { "act_id": 484, "details": "11. (1) Subject to the provisions of sub-sections (2), (3), (4) and (5), in making any assessment for the year beginning on the first day of July, 1975,- (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) In making any assessment for the year beginning on the first day of July, 1975,- (a)\twhere the total income of an assessee, not being a company, includes any income chargeable under the head “salaries” or any income chargeable under the head “interest on securities” the income-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 income-tax payable according to the rates applicable under the operation of the Finance Act, 1974 (XLIV of 1974), on his total income the same proportion as the amount of such inclusion bears to his total income; and (b)\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. (3) In making any assessment for the year beginning on the first day of July, 1975, 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, 1975, 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 Bangladesh, 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 an amount computed in the manner specified hereunder:- Amount. 15 per cent. of the income-tax and super-tax, if any, attributable to export sales. Plus 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. Minus 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. Nil. 15 per cent. of the income-tax and super-tax, if any, attributable to export sales. 20 per cent. of the income-tax and super-tax, if any, attributable to export sales. 25 per cent. of the income-tax and super-tax, if any, attributable to export sales: (i) Where the goods exported abroad had not been manufactured by the assessee who exported them: (a) and where the export sales during the relevant year exceed the export sales of the preceding year. (b) and where the export sales during the relevant year do not exceed the export sales of the preceding year. (ii)\tWhere the goods exported had been manufactured by the assessee who had exported them: (a)\twhere the export sales do not exceed 10 per cent. of the total sales. (b)\twhere the export sales exceed 10 per cent. but do not exceed 20 per cent. of the total sales. (c)\twhere the export sales exceed 20 per cent. but do not exceed 30 per cent. of the total sales. (d)\twhere the export sales exceed 30 per cent. of the total 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; (b)\tNothing contained in clause (a) shall apply in respect of the following goods or class of goods, namely:- (i)\ttea, (ii) \traw jute, (iii)\tjute manufacture, (iv)\tsuch other goods as may be notified by the National Board of Revenue from time to time; (c)\tThe National Board of Revenue may make rules providing for the computation of profits and the tax attributable to export sales and for such other matters as may be necessary to give effect to the provisions of this sub-section. (5) In cases 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 of the Income-tax Act, 1922 (XI of 1922), 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, 1975, and ending on the thirtieth day of June, 1976. (7) For 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 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 the taxable territories at any time during the previous year and remained listed on the stock exchange till the close of that year.", "name": "Income-tax and Super-tax", "related_acts": "473", "section_id": 11 }, { "act_id": 484, "details": "12. Surcharge under the Income-tax Act, 1922 (XI of 1922), shall be charged as respects any assessment for the year beginning on the first day of July, 1975, at the rates specified in Part III of the Third Schedule to this Act.", "name": "Surcharge under the Income-tax Act, 1922 (XI of 1922)", "related_acts": "", "section_id": 12 } ], "text": "An Act to give effect to the financial proposals of the Government and to amend certain laws. 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 hereinafter appearing; It is hereby enacted as follows:-" }

{ "id": 485, "lower_text": [], "name": "The Appropriation (Supplementary) Act, 1975", "num_of_sections": 3, "published_date": "30th June, 1975", "related_act": [ 485 ], "repelled": false, "sections": [ { "act_id": 485, "details": "1. This Act may be called the Appropriation (Supplementary) Act, 1975.", "name": "Short title", "related_acts": "485", "section_id": 1 }, { "act_id": 485, "details": "2. There may be paid and applied from and out of the Consolidated Fund sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of Taka one thousand four hundred eighty-two crores, forty-four lakhs and thirty-seven thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1975, in respect of the services and purposes specified in column 2 of the Schedule.", "name": "Issue of Taka 1482, 44, 37,000 out of the Consolidated Fund for the year 1974-75", "related_acts": "", "section_id": 2 }, { "act_id": 485, "details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirtieth day of June, 1975.", "name": "Appropriation", "related_acts": "", "section_id": 3 } ], "text": "An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1975. WHEREAS it is expedient to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1975; It is hereby enacted as follows:-" }

{ "id": 486, "lower_text": [], "name": "The Appropriation (Vote on Account) Act, 1975", "num_of_sections": 3, "published_date": "30th June, 1975", "related_act": [ 486 ], "repelled": false, "sections": [ { "act_id": 486, "details": "1. This Act may be called the Appropriation (Vote on Account) Act, 1975.", "name": "Short title", "related_acts": "486", "section_id": 1 }, { "act_id": 486, "details": "2. From and out of the Consolidated Fund there may be withdrawn sums not exceeding those specified in column 3 of the Schedule to this Act, amounting in the aggregate to the sum of Taka six hundred and five crores, sixty-four lakhs and thirty-six thousand towards defraying the several charges which will come in course of payment during a part of the financial year 1975-76.", "name": "Withdrawal of Taka 605,64,36,000 from and out of the Consolidated Fund for a part of the financial year 1975-76", "related_acts": "", "section_id": 2 }, { "act_id": 486, "details": "3. The sums authorised to be withdrawn from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the part of the said financial year.", "name": "Appropriation", "related_acts": "", "section_id": 3 } ], "text": "An Act to provide for the withdrawal of certain sums from and out of the Consolidated Fund for the services of a part of the financial year 1975-76. WHEREAS it is expedient to provide for the withdrawal of certain sums from and out of the Consolidated Fund of the People’s Republic of Bangladesh for services of a part of the financial year 1975-76; It is hereby enacted as follows:-" }

{ "id": 487, "lower_text": [ "1 The word “spouse” was substituted for the word “wife” by section 2(a) of The President’s (Remuneration and Privileges) (Amendment) Act, 2010 (Act. No XVII of 2010) (With effect from 1st July, 2010).", "2 The words “fuel & lubricant” was substituted for the words “oil and petrol” by section 2(b) of The President’s (Remuneration and Privileges) (Amendment) Act, 2010 (Act. No XVII of 2010) (With effect from 1st July, 2010).", "3 The figure and commas “1,20,000” were substituted for the figure and comma “61,200” by section 2 of the President’s (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XIX of 2016) (With effect from 1st July, 2015).", "4 The figures and commas “2,00,00,000” were substituted for the figures and commas “1,00,00,000” by section 2 of the President’s (Remuneration and Privileges)(Amendment) Act, 2013 (Act No.VIII of 2013).", "5 The commas and words “, sales tax, development surcharge or any other duties” were inserted by section 2 of the President’s (Remuneration and Privileges)(Amendment) Ordinance, 1984 (Ordinance No. XXIX of 1984)", "6 The words “sales tax” were substituted for the words “value added tax” by section 4 of The President’s (Remuneration and Privileges) (Amendment) Act, 2010 (Act. No XVII of 2010) (With effect from 1st July, 2010).", "7 Sub-section (4) was added by section 2 of the President’s (Remuneration and Privileges)(Amendment) Ordinance, 1984 (Ordinance No. XXIX of 1984)", "8 Section 10 was substituted for section 10 by section 5 of The President’s (Remuneration and Privileges) (Amendment) Act, 2010 (Act. No XVII of 2010) (With effect from 1st July, 2010).", "9 The figure and commas “27,00,000” were substituted for the figure and commas “15,00,000” by section 3 of the President’s (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XIX of 2016) (With effect from 1st July, 2016).", "10 The word “Speaker” was substituted for the word “Vice-President” by section 2 of the President’s (Remuneration and Privileges)(Amendment) Act, 2003 (Act No. XXXVII of 2003)", "11 The word “Speaker” was substituted for the word “Vice-President” by section 2 of the President’s (Remuneration and Privileges)(Amendment) Act, 2003 (Act No. XXXVII of 2003)", "12 The word “spouse” was substituted for the word “wife” by section 6(a) of The President’s (Remuneration and Privileges) (Amendment) Act, 2010 (Act. No XVII of 2010) (With effect from 1st July, 2010).", "13 The word “spouse” was substituted for the word “wife” by section 6(b) of The President’s (Remuneration and Privileges) (Amendment) Act, 2010 (Act. No XVII of 2010) (With effect from 1st July, 2010)." ], "name": "The President's (Remuneration and Privileges) Act, 1975", "num_of_sections": 14, "published_date": "12th July, 1975", "related_act": [ 487 ], "repelled": false, "sections": [ { "act_id": 487, "details": "1. (1) This Act may be called the President's (Remuneration and Privileges) Act, 1975. (2) It shall be deemed to have come into force on the 25th day of January, 1975, except sub-section (2) of section 4 which shall come into force at once.", "name": "Short title and commencement", "related_acts": "487", "section_id": 1 }, { "act_id": 487, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“family”, in relation to the President, means his 1spouse and children, and includes his parents, unmarried sisters and brothers residing with and wholly dependent on him; (b)\t“maintenance”,- (i)\tin relation to the official residence, includes the maintenance of roads and electric, water, gas and sanitary fixtures and installations, the payment of local rates and taxes and the provision of electricity, gas and water; (ii)\tin relation to rivercraft, includes expenditure on the pay of the establishment maintained in connection therewith and on their victualling while afloat and expenditure on the purchase of marine stores; and (iii) in relation to official cars and aircraft, includes the pay and allowances of chauffeurs, pilots and other establishment and the provision of 2fuel & lubricant;  (c)\t“official car”, “railway saloon”, “rivercraft” and “aircraft”, in relation to the President, mean such car, railway saloon, rivercraft and aircraft, if any, as are from time to time provided for his use; (d)\t“official residence”, in relation to the President, includes the staff quarters and other buildings appurtenant thereto and the grounds and gardens thereof.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 487, "details": "3. The salary to be paid to the President shall be Taka 31,20,000 per mensem free of income tax.", "name": "Salary", "related_acts": "", "section_id": 3 }, { "act_id": 487, "details": "4. (1) The President shall receive the full amount spent on entertainment as sumptuary allowance in a year. (2) The Military Secretary to the President shall be the drawing and disbursing officer of the sumptuary allowance. (3) The sumptuary allowance shall not be subject to audit.", "name": "Sumptuary allowance", "related_acts": "", "section_id": 4 }, { "act_id": 487, "details": "5. (1) There shall be an official residence for the President which shall be furnished and maintained at Government cost. (2) If the President decides to reside in his own house or in any house other than the official residence, it shall be furnished in a manner befitting the residence of the President and the cost shall be borne by the Government. (3) At the President's official residence as well as at the place where he chooses to reside all costs for supply of electricity, gas, water, telephone and the like shall be borne by the Government. (4) The President shall be entitled to reside in his place of residence for a period of one month immediately after laying down his office and no charge shall fall on him during this period.", "name": "Residential accommodation", "related_acts": "", "section_id": 5 }, { "act_id": 487, "details": "6. (1) The President shall be entitled to requisition any mode of transport convenient to him for his use as well as for the use of his family at Government cost.  (2) The expenses in connection with his tours as well as the expenses in connection with his halt on tours shall be borne by the Government. (3) The President shall, while travelling on official business outside Bangladesh, be entitled to such allowances as may be prescribed by the Government.", "name": "Transport and travel facilities", "related_acts": "", "section_id": 6 }, { "act_id": 487, "details": "7. (1) The President shall be entitled to a sum of Taka 42,00,00,000 per annum as discretionary grant. (2) The expenditure from the discretionary grant shall be subject to such conditions as may be prescribed by the Government.", "name": "Discretionary grant", "related_acts": "", "section_id": 7 }, { "act_id": 487, "details": "8. (1) No customs duties 56sales tax, development surcharge or any other duties shall be levied in Bangladesh on the articles specified in the Schedule to this Act if imported or purchased out of bond by the President on appointment or during his tenure of office. (2) No excise duty shall be levied on indigenous petrol and petroleum products when such petrol or petroleum products are for use in the official cars, rivercraft, aircraft provided for the President's use. (3) No excise duty shall be levied on indigenous tobacco used in Bangladesh in the manufacture of cigarettes and on cigarettes manufactured in Bangladesh, when such cigarettes are for consumption by members of the President's household or by his guests, whether official or not. 7(4) No excise duty shall be levied on beverages produced in Bangladesh when such beverages are for consumption by members of the President's household or by his guests, whether official or not.", "name": "Customs duties, etc. not leviable on certain articles", "related_acts": "", "section_id": 8 }, { "act_id": 487, "details": "9. There shall be paid, from time to time, to the President such further amount as may be necessary to enable him to discharge conveniently and with dignity the duties of his office as he may, be general or special order, authorise and any such order may be given retrospective effect whenever necessary.", "name": "Other payments", "related_acts": "", "section_id": 9 }, { "act_id": 487, "details": "810. The President and his family shall be entitled free of charge, to treatment at any hospital in Bangladesh, that can, in the opinion of his physician, provide necessary and suitable treatment : Provided that the President and his family shall ordinarily be entitled to receive medical treatment at the residence : Provided further that the President and his family may, if so advised by his physician, receive medical treatment abroad or consult a foreigner or a physician other than his own and receive such other treatment at the Government cost as may be prescribed.", "name": "Medical facilities", "related_acts": "", "section_id": 10 }, { "act_id": 487, "details": "11. For journey by air the President shall be provided with insurance cover of Taka 927,00,000 on annual basis at Government cost.", "name": "Insurance cover for air journeys", "related_acts": "", "section_id": 11 }, { "act_id": 487, "details": "12. (1) The President may, at any one time or from time to time, grant to himself during his term of office leave of absence for urgent reasons of health or private affairs for a period not exceeding four months in the aggregate under intimation to the 10Speaker: Provided that the President may extend this period of four months with prior intimation to the 11Speaker. (2) The leave allowance of the President shall be at the rate of Taka 2,500 per mensem free of income tax.", "name": "Leave of absence", "related_acts": "", "section_id": 12 }, { "act_id": 487, "details": "13. The 13spouse of the President shall be entitled to such privileges and facilities as the Government may determine.", "name": "Privileges of President’s spouse", "related_acts": "", "section_id": 13 }, { "act_id": 487, "details": "14. (1) The President's (Remuneration and Privileges) Act, 1974 (VII of 1974), and the President's (Remuneration and Privileges) Ordinance, 1975 (Ord. X of 1975), are hereby repealed. (2) Notwithstanding such repeal, anything done, any action taken or any order made under the President's (Remuneration and Privileges) Ordinance, 1975 (Ord. X of 1975), shall be deemed to have been done, taken or made, as the case may be under the corresponding provision of this Act.", "name": "Repeals and Savings", "related_acts": "", "section_id": 14 } ], "text": "An Act to provide for the remuneration and privileges of the President. WHEREAS it is expedient to provide for the remuneration and privileges of the President; It is hereby enacted as follows:-" }

{ "id": 488, "lower_text": [ "1 The word “spouse” was substituted for the word “wife” by section 2 of The Prime Minister’s (Remuneration and Privileges) (Amendment) Act, 2010 (Act. No XVIII of 2010) (With effect from 1st July, 2010).", "2 The figure and commas “1,15,000” were substituted for the figure and comma “58,600” by section 2 of the Prime Minister’s (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XX of 2016) (With effect from 1st July, 2015).", "3 The words “free of income tax” were omitted by section 2 of the Prime Minister’s (Remuneration and Privileges) (Amendment) Act, 2012 (Act No. XVI of 2012).", "4 Section 4 was substituted by section 3 of the Prime Minister’s (Remuneration and Privileges)(Amendment) Act, 1992 (Act No. XV of 1992)", "5 The figure, comma and word “4,500 kilogram” was substituted for the words “one hundred and twenty maunds” by section 4 of The Prime Minister’s (Remuneration and Privileges) (Amendment) Act, 2010 (Act. No XVIII of 2010) (With effect from 1st July, 2010).", "6 Sub-sections (2), (2A), (2B) and (2C) were substituted by section 4 of the Prime Minister’s (Remuneration and Privileges)(Amendment) Act, 1992 (Act No. XV of 1992)", "7 The word and figure \"Taka 50,000\" were substituted for the word and figure \"Taka 35,000\" by section 2 of the Prime Minister's (Remuneration and Privileges) (Amendment) Act, 2003 (Act No. XX of 2003)", "8 The figure and commas “1,00,000” were substituted for the figure and comma “50,000” by section 3 of the Prime Minister’s (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XX of 2016) (With effect from 1st July, 2016).", "9 The word and figure “68 kilogram” was substituted for the words “one hundred and fifty pounds” by section 5(a) of The Prime Minister’s (Remuneration and Privileges) (Amendment) Act, 2010 (Act. No XVIII of 2010) (With effect from 1st July, 2010).", "10 The figure and word “187 kilogram” was substituted for the words “five maunds” by section 5(b) of The Prime Minister’s (Remuneration and Privileges) (Amendment) Act, 2010 (Act. No XVIII of 2010) (With effect from 1st July, 2010).", "11 The word and figure \"Taka 1,000\" were substituted for the word and figure \"Taka 250\" by section 3 of the Prime Minister`s (Remuneration and Privileges) (Amendment) Act, 2003 (Act No. XX of 2003)", "12 The figure and comma “3,000” were substituted for the figure and comma “1,000” by section 4 of the Prime Minister’s (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XX of 2016) (With effect from 1st July, 2016).", "13 Section 10 was substituted by section 6 of the Prime Minister’s (Remuneration and Privileges) (Amendment) Act, 1992 (Act No. XV of 1992)", "14 The figure and commas “25,00,000” were substituted for the figure and commas “14,00,000” by section 5 of the Prime Minister’s (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XX of 2016) (With effect from 1st July, 2016).", "15 Section 12 was substituted for section 12 by section 6 of The Prime Minister’s (Remuneration and Privileges) (Amendment) Act, 2010 (Act. No XVIII of 2010) (With effect from 1st July, 2010).", "16 The words “the Prime Minister himself” were substituted for the words “the President” by section 8 of the Prime Minister’s (Remuneration and Privileges) (Amendment) Act, 1992 (Act No. XV of 1992)", "17 The figure and commas “1,50,00,000” were substituted for the figure and commas “1,00,00,000” by section 6 of the Prime Minister’s (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XX of 2016) (With effect from 1st July, 2016).", "18 Sections 15A and 15B were inserted by section 4 of the Prime Minister’s (Remuneration and Privileges)(Amendment) Act, 2003 (Act No. XX of 2003)" ], "name": "The Prime Minister's (Remuneration and Privileges) Act, 1975", "num_of_sections": 18, "published_date": "12th July, 1975", "related_act": [ 488 ], "repelled": false, "sections": [ { "act_id": 488, "details": "1. (1) This Act may be called the Prime Minister's (Remuneration and Privileges) Act, 1975. (2) It shall be deemed to have come into force on the 26th day of January, 1975.", "name": "Short title and commencement", "related_acts": "488", "section_id": 1 }, { "act_id": 488, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Family” in relation to the Prime Minister, means his 1spouse and children and includes his parents, unmarried sisters and brothers residing with and wholly dependent on him; (b) \t“maintenance”, in relation to an official residence, includes the payment of local rates and taxes and the provision of telephone, electricity, gas and water; (c) \t“official residence”, in relation to the Prime Minister, means the house reserved from time to time for use by the Prime Minister and includes the staff quarters and other buildings appurtenant thereto, and the gardens thereof.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 488, "details": "3. The salary to be paid to the Prime Minister shall be Taka 21,15,000 per mensem 3***.", "name": "Salary", "related_acts": "", "section_id": 3 }, { "act_id": 488, "details": "44. (1) The Prime Minister shall receive the full amount spent on entertainment as sumptuary allowance in a year. (2) The Secretary to the Prime Minister shall be the drawing and disbursing officer of the sumptuary allowance.", "name": "Sumptuary allowance", "related_acts": "", "section_id": 4 }, { "act_id": 488, "details": "5. The Prime Minister shall be entitled to receive travelling expenses to the extent mentioned below for the journey from his ordinary place of residence to the seat of the Government on taking up office and from the seat of the Government to his ordinary place of residence on laying down office- (a)\tthe actual travelling expenses for himself and his family; (b)\tthe cost of transporting household effects, not exceeding 54,500 kilogram, by goods train, steamer or other craft, excluding aircraft, and his personal car, if any.", "name": "Allowance on taking up and laying down office", "related_acts": "", "section_id": 5 }, { "act_id": 488, "details": "6. (1) There shall be an official residence for the Prime Minister which shall be furnished and maintained at Government cost. 6(2) If the Prime Minister decides to reside in his own house or in any house other than the official residence, he shall be entitled to receive 7Taka 81,00,000 as house rent allowance per month; and such house shall be furnished in a manner befitting the residence of the Prime Minister and the cost shall be borne by the Government. (2A) At the Prime Minister's official residence as well as at the place where he decides to reside all costs for supply of electricity, gas, water, telephone and the like shall be borne by the Government. (2B) If the Prime Minister decides to reside in his own house or in any house other than the official residence, he shall be entitled to receive every year for maintenance of such house an amount of money equivalent to three month's house rent allowance admissible to him under this Act. (2C) If the Prime Minister decides to reside in his own house, and such house has no guard shed for accommodating house guard, the Government may construct a temporary guard shed in that house. (3) The Prime Minister shall be entitled to reside in his official residence for a period of one month immediately after laying down his office and no charge shall fall on him during this period.", "name": "Residential accommodation", "related_acts": "", "section_id": 6 }, { "act_id": 488, "details": "7. (1) Subject to the provisions made hereinafter, the Prime Minister travelling on official duty shall be treated as a very important person. (2) When travelling by rail, the Prime Minister shall be entitled- (a)\tto requisition at the cost of the Government a reserved railway saloon; (b)\tto take with him up to four personal attendants; (c)\tto the carriage of necessary personal luggage; (d)\tto take with him, without payment of any fare, the members of his family. (3) When travelling by steamer, the Prime Minister shall be entitled- (a)\tto the actual fare paid himself and two incidental fares of the highest class of accommodation in addition to the actual fare paid for himself; (b) \tto take with him members of his family; (c) \tto take with him up to four personal attendants by the lowest class of accommodation; (d)\tto the carriage of necessary personal luggage. (4) When travelling by air, the Prime Minister shall be entitled- (a)\tto the actual air fare paid for himself; (b)\tto the cost of transporting personal luggage up to 968 kilogram inclusive of the free allowance given by the air company; (c) \tto requisition at the cost of the Government, if he considers it necessary in the public interest, an aeroplane, or a helicopter, belonging to the Government, subject to availability, in accordance with the rules made by the Government; (d) \tto take with him one member of his family when travelling by a commercial aeroplane or such number of members of his family as may be accommodated in the aeroplane when travelling by a requisitioned aeroplane; (e) \teither to take with him at Government cost by air two personal attendants or persons or to the cost of transporting up to four personal attendants by the lowest class of accommodation and of transporting personal luggage up to 10187 kilogram by rail or steamer. (5) When travelling by road, the Prime Minister shall be entitled- (a)\tto requisition at the cost of the Government any mode of transport; (b) \tto take with him up to four personal attendants; (c) \tto the carriage of necessary personal luggage.", "name": "Journeys within Bangladesh", "related_acts": "", "section_id": 7 }, { "act_id": 488, "details": "8. The Prime Minister travelling on official business outside Bangladesh shall be entitled to such allowances as may be prescribed by the Government.", "name": "Travelling outside Bangladesh", "related_acts": "", "section_id": 8 }, { "act_id": 488, "details": "9. The Prime Minister while on tour shall be entitled to a daily allowance at the rate of 11Taka 123,000 for each day of halt or a part of a day of absence from the headquarters.", "name": "Daily allowance during halt", "related_acts": "", "section_id": 9 }, { "act_id": 488, "details": "1310. The Prime Minister shall be entitled to requisition any mode of transport convenient to him for his use as well as for the use of his family at Government cost.", "name": "Transport", "related_acts": "", "section_id": 10 }, { "act_id": 488, "details": "11. For journeys by air the Prime Minister shall be provided with insurance cover of Taka 1425,00,000 on annual basis at Government cost.", "name": "Insurance cover for air journey", "related_acts": "", "section_id": 11 }, { "act_id": 488, "details": "1512.The Prime Minister and his family shall be entitled free of charge, to treatment at any hospital in Bangladesh that can, in the opinion of his physician, provide necessary and suitable treatment : Provided that the Prime Minister and his family shall ordinarily be entitled to receive medical treatment at the residence : Provided further that the Prime Minister and his family may, if so advised by his physician, receive medical treatment abroad or consult a foreigner or a physician other than his own and receive such other treatment at the Government cost as may be prescribed.", "name": "Medical facilities", "related_acts": "", "section_id": 12 }, { "act_id": 488, "details": "13. The Prime Minister shall be entitled to such personal and household staff as 16the Prime Minister himself may, from time to time, determine.", "name": "Personal and household staff", "related_acts": "", "section_id": 13 }, { "act_id": 488, "details": "14. Telephone at permanent residence.- Omitted by section 9 of the Prime Minister's (Remuneration and Privileges) (Amendment) Act, 1992 (Act No. XV of 1992).", "name": "Omitted.", "related_acts": "", "section_id": 14 }, { "act_id": 488, "details": "15. (1) There shall be placed at the disposal of the Prime Minister as discretionary grant an amount of Taka 171,50,00,000 per annum. (2) The expenditure from the discretionary grant shall be subject to such conditions as may be prescribed by the Government.", "name": "Discretionary grant", "related_acts": "", "section_id": 15 }, { "act_id": 488, "details": "1815A. The Government may, from time to time, by notification in the official Gazette, issue orders for carrying out the purposes of this Act.", "name": "Power to issue order", "related_acts": "", "section_id": 16 }, { "act_id": 488, "details": "15B. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.", "name": "Power to make rules", "related_acts": "", "section_id": 17 }, { "act_id": 488, "details": "16. (1) The Prime Minister's (Remuneration and Privileges) Act, 1973 (III of 1973), and the Prime Minister's (Remuneration and Privileges) Ordinance, 1975 (Ordinance No. VIII of 1975), are hereby repealed. (2) Notwithstanding the repeal of the Prime Minister's (Remuneration and Privileges) Ordinance, 1975 (Ordinance No. VIII of 1975), anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provision of this Act.", "name": "Repeals and savings", "related_acts": "", "section_id": 18 } ], "text": "An Act to provide for the remuneration and privileges of the Prime Minister. WHEREAS it is expedient to provide for the remuneration and privileges of the Prime Minister; It is hereby enacted as follows:-" }

{ "id": 489, "lower_text": [], "name": "The Bangladesh (Restoration of Evacuee Property) (Effect of Expiry) Act, 1975", "num_of_sections": 3, "published_date": "12th July, 1975", "related_act": [ 73, 489 ], "repelled": false, "sections": [ { "act_id": 489, "details": "1. (1) This Act may be called the Bangladesh (Restoration of Evacuee Property) (Effect of Expiry) Act, 1975. (2) It shall be deemed to have come into force on the 25th day of March, 1975.", "name": "Short title and commencement", "related_acts": "489", "section_id": 1 }, { "act_id": 489, "details": "2. It is hereby declared that the expiry of the Bangladesh (Restoration of Evacuee Property) Order, 1972 (P.O. No. 13 of 1972), on the 25th day of March, 1975 shall have the effect of repeal of an Act as provided in section 6 of the General Clauses Act, 1897 (X of 1897).", "name": "Effect of Expiry, P.O. No. 13 of 1972", "related_acts": "73", "section_id": 2 }, { "act_id": 489, "details": "3. The Bangladesh (Restoration of Evacuee Property) (Effect of Expiry) Ordinance, 1975 (XVI of 1975) is hereby repealed.", "name": "Repeal", "related_acts": "", "section_id": 3 } ], "text": "An Act to give the expiry of the Bangladesh (Restoration of Evacuee Property) Order, 1972, the effect of repeal of an Act. WHEREAS it is expedient to give the expiry of the Bangladesh (Restoration of Evacuee Property) Order, 1972 (P.O. No. 13 of 1972), the effect of repeal of an Act; It is hereby enacted as follows:-" }

{ "id": 490, "lower_text": [], "name": "The Bangladesh Laws (Amendment) Act, 1975", "num_of_sections": 8, "published_date": "12th July, 1975", "related_act": [ 389, 490, 396, 460, 338, 409 ], "repelled": false, "sections": [ { "act_id": 490, "details": "1. (1) This Act may be called the Bangladesh Laws (Amendment) Act, 1975. (2) It shall be deemed to have taken effect on the 25th day of January, 1975.", "name": "Short title", "related_acts": "490", "section_id": 1 }, { "act_id": 490, "details": "2. In the Cadet College Ordinance, 1964 (E. P. Ordinance II of 1964), in section 4A, in clause (a), for the words and comma “Prime Minister, Government” the word “President” shall be substituted.", "name": "Amendment of E. P. Ordinance II of 1964", "related_acts": "338", "section_id": 2 }, { "act_id": 490, "details": "3. In the Bangladesh Special (Remuneration and Privileges) Order, 1972 (P. O. No. 49 of 1972),- (a) \tin the preamble, in the first paragraph, for the words “Ministers of the Cabinet” the words “Members of the Council of Ministers” shall be substituted; and (b)\tin Article 2, for clause (b) the following shall be substituted, namely:- “(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;”.", "name": "Amendment of P. O. No. 49 of 1972", "related_acts": "389", "section_id": 3 }, { "act_id": 490, "details": "4. In the Bangladesh (Whips) Order, 1972 (P. O. No. 64 of 1972),- (a)\tin Article 3, in clause (4), for the words “Prime Minister” the word “President” shall be substituted; and (b)\tArticle 6 shall be omitted.", "name": "Amendment of P. O. No. 64 of 1972", "related_acts": "396", "section_id": 4 }, { "act_id": 490, "details": "5. In the Bangladesh (Freedom Fighters) Welfare Trust Order, 1972 (P. O. No. 94 of 1972), in Article 7, in clause (1), in sub-clause (a), the words “nominated by the Prime Minister” shall be omitted.", "name": "Amendment of P. O. No. 94 of 1972", "related_acts": "409", "section_id": 5 }, { "act_id": 490, "details": "6. In the Bangladesh Local Government (Union Parishad and Paurashava) Order, 1973 (P. O. No. 22 of 1973), in the preamble,- (a)\tthe first paragraph shall be omitted; and (b)\tin the second paragraph, the word “AND” shall be omitted.", "name": "Amendment of P. O. No. 22 of 1973", "related_acts": "", "section_id": 6 }, { "act_id": 490, "details": "7. In the Public Servants (Retirement) Act, 1974 (XII of 1974), in section 5, in sub-section (3), for the words “Prime Minister” the word “President” shall be substituted.", "name": "Amendment of Act XII of 1974", "related_acts": "460", "section_id": 7 }, { "act_id": 490, "details": "8. The Political Parties Act, 1962 (III of 1962), the Representation of the People (Supplementary) Order, 1973 (P. O. No. 8 of 1973), and the Bangladesh Laws (Amendment) Ordinance, 1975 (Ord. No. XIII of 1975), are hereby repealed.", "name": "Repeal of Act III of 1962, P. O. No. 8 of 1973 and Ord. No. XIII of 1975", "related_acts": "", "section_id": 8 } ], "text": "An Act to amend and repeal certain laws. WHEREAS it is expedient to amend and repeal certain laws for the purposes hereinafter appearing; It is hereby enacted as follows:-" }

{ "id": 491, "lower_text": [], "name": "The ESSO Undertakings Acquisition Act, 1975", "num_of_sections": 14, "published_date": "14th July, 1975", "related_act": [ 75, 491 ], "repelled": false, "sections": [ { "act_id": 491, "details": "1. (1) This Act may be called the ESSO Undertakings Acquisition Act, 1975. (2) It shall be deemed to have come into force on the 14th day of March, 1975.", "name": "Short title and commencement", "related_acts": "491", "section_id": 1 }, { "act_id": 491, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (1) \t“appointed day” means the day specified in the notification under section 3; (2) \t“ESSO” means ESSO Eastern Inc. of the United States; (3) “ESSO undertakings” means the business in Bangladesh of ESSO of purchasing, distributing, marketing and reselling of petroleum products and the interests of ESSO in the issued and paid up share capital of the Standard Asiatic Oil Company Limited and includes- (a)\tall 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 appointed day, in the ownership, possession, power or control of ESSO in relation to such undertakings;  (b)\tall books of account, registers, records and all other documents of whatever nature relating thereto; and (c)\tall borrowings, liabilities and obligations of whatever kind then subsisting of ESSO in relation to such undertakings, but does not include- (i)\tany trade mark, and any right of ESSO to use any trade mark in Bangladesh; (ii)\tall patents and designs, if any, registered in Bangladesh in the name of ESSO or ESSO's affiliates; and (iii)\tconfidential and proprietary information material, and information and material pertaining to trade secrets furnished by ESSO to such undertakings or procured by ESSO for use in connection with such undertakings from any other source.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 491, "details": "3. The Government may, by notification in the official Gazette, declare that it acquires on the day specified therein ESSO undertakings and thereupon ESSO undertakings and all right, title and interest of ESSO in such undertakings shall stand transferred to, and vest in, the Government.", "name": "Acquisition of ESSO undertakings", "related_acts": "", "section_id": 3 }, { "act_id": 491, "details": "4. (1) All deeds, bonds, agreements, power-of-attorney, grants of legal representation and other instrument of whatever nature in relation to ESSO undertakings subsisting and having effect immediately before the appointed day to which ESSO is a party or which are in favour of ESSO shall be of as full force and effect against or in favour of the Government and may be enforced and acted upon as fully and effectually as if references in such deeds, bonds, contracts, agreements, powers, grants and instruments to ESSO were references to the Government: Provided that in the case of any contract for any service, sale or supply in Bangladesh, the Government may, by order in writing, terminate the contract or make such alternation or modification of its terms as it may deem fit. (2) All suits, appeals and other legal proceedings instituted by or against ESSO for the purpose of, or in relation to, ESSO undertakings, before the appointed day, shall be deemed to be suits, appeals and legal proceedings by or against the Government and may be continued and proceeded with accordingly. (3) Where any property is held by ESSO for the purpose of, or in relation to, ESSO undertakings under any lease or under any right of tenancy the Government shall, without prejudice to the provisions of section 3, be deemed to have become, on the appointed day, the lessee or the tenant, as the case may be, in respect of such property as if the lease or tenancy had been granted to the Government and thereupon all rights under such lease or tenancy, including the right of renewal thereof, shall be deemed to have been transferred to, and vested in, the Government: Provided that after the expiry of the term of any such lease or tenancy, the Government may continue to hold the property for such period as it may consider necessary on the same terms and conditions on which it was held immediately before such expiry as if the lease or tenancy had been renewed for such period. (4) Where any question arises as to whether any property appertains to, or is held for the purpose of, or in relation to, ESSO undertakings or any rights, powers, liabilities, or obligations were acquired or incurred, or any contract, agreement or other instrument was made by ESSO for the purpose of, or in relation to, ESSO undertakings or whether any document relates to those purposes the question shall be referred to the Government whose decision thereon shall be final and binding.", "name": "Effect of acquisition", "related_acts": "", "section_id": 4 }, { "act_id": 491, "details": "5. For the acquisition of ESSO undertakings under section 3 there shall be paid by the Government to ESSO as compensation such amount and in such manner as the Government may, after consultation with ESSO, determine.", "name": "Payment of compensation", "related_acts": "", "section_id": 5 }, { "act_id": 491, "details": "6. (1) Notwithstanding anything contained in any contract or agreement or in the conditions of service the permanent officers or other employees of ESSO for the purpose of, or in relation to, ESSO undertakings shall, on and from the appointed day, continue to be in their respective employment as officers and employees of the Government on the same terms and conditions including the right to pension, gratuity and other privileges as were admissible to them immediately before such day: Provided that the Government shall have power at any time to terminate the service, or alter the conditions of service, of any such officer or employee. (2) Notwithstanding anything contained in any other law for the time being in force, no officer or employee whose services are transferred from ESSO to the Government under sub-section (1) or whose services are terminated or the terms and conditions of whose services are altered under that sub-section shall be entitled to any compensation whatsoever on account of such transfer, termination or alteration. (3) Where any question arises as to whether any person was immediately before the appointed day a permanent officer or other employee of ESSO for the purpose of, or in relation to, ESSO undertakings, the question shall be referred to the Government whose decision thereon shall be final and binding.", "name": "Provisions relating to officers and other employees of ESSO", "related_acts": "", "section_id": 6 }, { "act_id": 491, "details": "7. (1) The moneys and other assets relating to the officers and employees referred to in sub-section (1) of section 6 shall, out of the moneys standing immediately before the appointed day to the credit of any provident, superannuation, welfare and other fund established by ESSO for the benefit of the persons employed by it for the purpose of, or in relation to, ESSO undertakings, stand transferred to, and vest in, the Government free from any trust that might have been constituted by ESSO in respect thereof. (2) In respect of moneys and other assets transferred to, and vested in it, under sub-section (1), the Government shall, as soon as may be, constitute one or more trusts having objects as similar to the objects of the trusts referred to in that sub-section as in the circumstances may be practicable so that the rights and interests of the beneficiaries of such trusts are not in any way prejudiced or diminished. (3) Where all the moneys and other assets belonging to any trust are transferred to, and vested in, the Government, the trustees of such trust shall, on the date of such transfer and vesting, stand discharged from the trust except as regards things done or omitted to be done before such date.", "name": "Transfer of moneys etc., of the officers and other employees of ESSO", "related_acts": "", "section_id": 7 }, { "act_id": 491, "details": "8. (1) Where any property or other assets stand transferred to, and vested in, the Government under this Act- (a)\tevery person who has in his possession, custody or control any such property or assets shall be liable to account for such property or assets and shall deliver the same to the Government or an officer authorised by it in this behalf; (b)\tevery person who has in his possession, custody or control any books, documents or other papers relating to ESSO undertakings shall be liable to account for such books, documents and papers to the Government and shall deliver them up to the Government or the officer authorised by it in this behalf. (2) Without prejudice to the provision of such sub-section (1), the Government may take all such steps as may be necessary to take possession or assume control of the properties, assets, books, documents and other papers referred to in that sub-section.", "name": "Deliver of possession of property, etc.", "related_acts": "", "section_id": 8 }, { "act_id": 491, "details": "9. Any person who- (a) \twrongfully obtains possession of or retains, or, having in his possession, custody or control, wrongfully withholds, any property or other assets transferred to, and vested in, the Government under this Act; or (b) \thaving in his possession, custody or control any books, register, document or other papers relating to ESSO undertakings wilfully withholds or fails to furnish or deliver the same to the Government or the officer authorised by it in this behalf; or (c) \twilfully uses, removes or destroys any property or assets referred to in clause (a), or wilfully removes, mutilates or destroys any book, register, document or paper referred to in clause (b);  shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.", "name": "Penalty", "related_acts": "", "section_id": 9 }, { "act_id": 491, "details": "10. (1) Where an offence under this Act has been committed by 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 offence 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, if he proves that the offence was committed without his knowledge or that he had 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 has been 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 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)\t“company” means any body corporate and includes a firm or other association of individuals; and (b)\t“director”, in relation to a firm, means a partner in the firm.", "name": "Offences by companies", "related_acts": "", "section_id": 10 }, { "act_id": 491, "details": "11. No suit, prosecution or other legal proceeding shall lie against the Government or any officer for anything which is in good faith done or intended to be done under this Act.", "name": "Protection of action taken in good faith", "related_acts": "", "section_id": 11 }, { "act_id": 491, "details": "12. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), no court shall take cognizance of any offence under this Act except on a complaint, in writing made by the Government or an officer authorised by it in this behalf.", "name": "Cognizance of offences", "related_acts": "75", "section_id": 12 }, { "act_id": 491, "details": "13. If any difficulty arises in giving effect to the provisions or carrying out the purposes of this Act, the Government may make such orders as it may consider necessary to remove the difficulty.", "name": "Power to remove difficulties", "related_acts": "", "section_id": 13 }, { "act_id": 491, "details": "14. (1) The ESSO Undertakings Acquisition Ordinance, 1975 (Ord. XIV of 1975), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken, including any order made, notification issued or direction given under any provision of the said Ordinance shall be deemed to have been done, taken, made, issued or given, as the case may be, under the corresponding provisions of this Act.", "name": "Repeal and savings", "related_acts": "", "section_id": 14 } ], "text": "An Act to provide for acquisition of undertakings in Bangladesh of ESSO Eastern Inc. WHEREAS in pursuance of an offer made to it the Government have agreed to acquire the undertakings in Bangladesh of ESSO Eastern Inc. of the United States; It is hereby enacted as follows:-" }

{ "id": 492, "lower_text": [ "1 The word “Governors” was substituted for the word “Trustees” by section 2 of the Islamic Foundation (Amendment) Ordinance, 1976 (Ordinance No. XXXVI of 1976)", "2 Clause (bb) was inserted by section 2 of the Islamic Foundation (Second Amendment) Ordinance, 1976 (Ordinance No. LXIV of 1976)", "3 Clause (cc) was inserted by section 2 of the Islamic Foundation (Amendment) Ordinance, 1976 (Ordinance No. XXXVI of 1976)", "4 Clause (d) was substituted by section 2 of the Islamic Foundation (Amendment) Ordinance, 1983 (Ordinance No. LXVII of 1983)", "5 The semi-colon was substituted for the full-stop by section 2 of the Islamic Foundation (Amendment) Ordinance, 1985 (Ordinance No. XXII of 1985)", "6 Clause (e) was omitted by section 2 of the Islamic Foundation (Amendment) Act, 2013 (Act No. X of 2013).", "7 The word “Governors” was substituted for the word “Trustees” by section 3 of the Islamic Foundation (Amendment) Ordinance, 1976 (Ordinance No. XXXVI of 1976)", "8 Section 5A was inserted by section 4 of the Islamic Foundation (Amendment) Ordinance, 1976 (Ordinance No. XXXVI of 1976)", "9 Section 6 was substituted by section 3 of the Islamic Foundation (Amendment) Ordinance, 1983 (Ordinance No. LXVII of 1983)", "10 The words “Ministry of Religious Affairs” were substituted for the words “Religious Affairs Division” by section 3 of the Islamic Foundation (Amendment) Ordinance, 1985 (Ordinance No. XXII of 1985)", "11 Clause (aa) was omitted by section 3 (a) of the Islamic Foundation (Amendment) Act, 2013 (Act No. X of 2013).", "12 Clause (c) was substituted by section 3 (b) of the Islamic Foundation (Amendment) Act, 2013 (Act No. X of 2013).", "13 The word “Governors” was substituted for the word “Trustees” by section 6 of the Islamic Foundation (Amendment) Ordinance, 1976 (Ordinance No. XXXVI of 1976)", "14 The word “Governors” was substituted for the word “Trustees” by section 6 of the Islamic Foundation (Amendment) Ordinance, 1976 (Ordinance No. XXXVI of 1976)", "15 Sub-section (4) was substituted by section 4 of the Islamic Foundation (Amendment) Act, 2013 (Act No. X of 2013).", "16 Sections 9 and 9A were substituted for former section 9 by section 7 of the Islamic Foundation (Amendment) Ordinance, 1976 (Ordinance No. XXXVI of 1976)", "17 Sub-sections (3) and (4) were substituted by section 5 of the Islamic Foundation (Amendment) Ordinance, 1983 (Ordinance No. LXVII of 1983)", "18 Sub-section (3) was substituted by section 5 of the Islamic Foundation (Amendment) Act, 2013 (Act No. X of 2013).", "19 Section 10 was substituted by section 4 of the Islamic Foundation (Second Amendment) Ordinance, 1976 (Ordinance No. LXIV of 1976)", "20 The word “Institutes” was substituted for the word “Institute” by section 8 of the Islamic Foundation (Amendment) Ordinance, 1976 (Ordinance No. XXXVI of 1976)", "21 The words and comma “academies, institutes and organisations dedicated to social services” were substituted for the words “academies and institute” by section 5 of the Islamic Foundation (Second Amendment) Ordinance, 1976 (Ordinance No. LXIV of 1976)", "22 The words and commas “and to recommend measures, including institutional development, for the realisation of Islamic values and principles in the cultural, social and economic life of the community” were added by section 8 of the Islamic Foundation (Amendment) Ordinance, 1976 (Ordinance No. XXXVI of 1976)", "23 The words and comma “with a view to popularising Islamic values and principles and to publish, and promote the publication and dissemination at cheap prices of popular Islamic Literature” were added by section 8 of the Islamic Foundation (Amendment) Ordinance, 1976 (Ordinance No. XXXVI of 1976)", "24 Clause (f) was substituted by section 6 of the Islamic Foundation (Amendment) Ordinance, 1983 (Ordinance No. LXVII of 1983).", "25 Clause (hh) was inserted by section 6 of the Islamic Foundation (Amendment) Ordinance, 1983 (Ordinance No. LXVII of 1983)", "26 The word “and” was omitted and thereafter clause (jj) was inserted by section 6 of the Islamic Foundation (Amendment) Act, 2013 (Act No. X of 2013).", "27 Clause (aa) was inserted by section 7 of the Islamic Foundation (Amendment) Act, 2013 (Act No. X of 2013).", "28 The words and comma “Governor, the Director-General” were substituted for the words “Trustee, the Secretary” by section 9 of the Islamic Foundation (Amendment) Ordinance, 1976 (Ordinance No. XXXVI of 1976)", "29 The commas and words “, any Governor, the Director-General” were substituted for the words “or by any Trustee or by the Secretary” by section 10 of the Islamic Foundation (Amendment) Ordinance, 1976 (Ordinance No. XXXVI of 1976)", "30 Sections 18, 18A, 18AA were substituted for the former section 18 by section 7 of the Islamic Foundation (Amendment) Ordinance, 1983 (Ordinance No. LXVII of 1983)", "31 Section 20A was inserted by section 8 of the Islamic Foundation (Amendment) Act, 2013 (Act No. X of 2013)." ], "name": "The Islamic Foundation Act, 1975", "num_of_sections": 26, "published_date": "14th July, 1975", "related_act": [ 10, 492 ], "repelled": false, "sections": [ { "act_id": 492, "details": "1. (1) This Act may be called the Islamic Foundation Act, 1975. (2) It shall be deemed to have come into force on the 28th day of March, 1975.", "name": "Short title and commencement", "related_acts": "492", "section_id": 1 }, { "act_id": 492, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of 1Governors of the Foundation; (b) \t“Chairman” means the Chairman of the Board; 2(bb) \t“Director-General” means the Director-General appointed under section 5A; (c) \t“Foundation” means the Islamic Foundation established under this Act; 3(cc) \t“Governor” means a member of the Board; 4(d) \t“prescribed” means prescribed by rules 5; 6***", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 492, "details": "3. (1) As soon as may be after the commencement of this Act, the Government shall, by notification in the official Gazette, establish a Foundation to be called the Islamic Foundation to carry out the purposes of this Act. (2) The Foundation 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": "Establishment of the Foundation", "related_acts": "", "section_id": 3 }, { "act_id": 492, "details": "4. (1) The head office of the Foundation shall be at Dacca. (2) The Foundation may establish as many branches and at such places as it thinks fit.", "name": "Head office", "related_acts": "", "section_id": 4 }, { "act_id": 492, "details": "5. The general direction and administration of the affairs of the Foundation shall vest in a Board of 7Governors which may exercise all powers and do all things which may be exercised or done by the Foundation.", "name": "General direction", "related_acts": "", "section_id": 5 }, { "act_id": 492, "details": "85A. (1) There shall be a Director-General of the Foundation to be appointed by the Government on such terms and conditions as it may determine. (2) The Director-General shall be the chief executive officer of the Foundation with responsibilities for carrying out the decisions of the Board and shall act as the Secretary of the Board.", "name": "Director-General", "related_acts": "", "section_id": 6 }, { "act_id": 492, "details": "96. (1) The Board shall consist of the following Governors, namely:- (a)\tthe Minister-in-charge of the 10Ministry of Religious Affairs, who shall also be the Chairman of the Board, ex-officio; 11*** (b) \tthe Chairman, University Grants Commission of Bangladesh, ex-officio; 12(c) the secretary, Ministry of Religious Affairs, ex-officio; (d) \tthe Vice-Chancellor, Islamic University, ex-officio; (e) \tthe Chairman, Bangladesh Madrasha Education Board, ex-officio; (f) \tthree persons to be elected by the members of the Foundation from amongst their number in such manner as may be prescribed by regulations; (g) \tfive persons to be nominated by the Government from amongst the eminent Muslim scholars and theologians of Bangladesh; (h) \ttwo members of Parliament to be nominated by the Government; and (i) \tthe Director General, who shall also be the Member-Secretary of the Board, ex-officio. (2) A Governor, other than an ex-officio Governor, shall hold office for a term of three years: Provided that notwithstanding the expiration of his term, a Governor, other than an ex-officio Governor, shall continue to hold office until his successor enters upon office. (3) A Governor, other than an ex-officio Governor, may resign his office by notice in writing addressed to the Chairman. (4) The Government may declare the office of a Governor, other than an ex-officio Governor, vacant if it is satisfied that- (a)\tsuch Governor is, by reason of illness or any other cause, unable to discharge the functions of his office; or (b) \this continuance in office is not in the interest of the Foundation. (5) No act or proceeding of the Board shall be invalid or be called in question merely on the ground of any vacancy in, or any defect in the constitution of, the Board.", "name": "Board", "related_acts": "", "section_id": 7 }, { "act_id": 492, "details": "7. (1) The meetings of the Board shall be held at such times and places as may be prescribed: Provided that until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board, not less than five 13Governors shall be present. (3) All questions at a meeting of the Board shall be decided by a majority of the 14Governors present and voting, and in the case of an equality of votes the person presiding shall have a second or casting vote. 15(4) All meetings of the Board shall be presided over by the Chairman and, in his absence, by a Governor nominated for the purpose by the Chairman.", "name": "Meetings of the Board", "related_acts": "", "section_id": 8 }, { "act_id": 492, "details": "8. The Board may appoint such committee or committees as it thinks fit to assist it in the efficient discharge of its functions.", "name": "Appointment of committees", "related_acts": "", "section_id": 9 }, { "act_id": 492, "details": "169. (1) The Foundation may have its Patrons, Fellows, life-members and members who shall have, subject to the provisions of this Act, such functions and privileges as may be prescribed. (2) Without prejudice to their own functions and privileges, the Patrons and Fellows shall also have the functions and privileges of the life-members. (3) The Board shall enter in its books maintained for the purpose- (a)\tas Patrons of the Foundation the names of such distinguished persons as may, upon its invitation, consent to be such Patrons; and (b) \tas Fellows of the Foundation the names of such persons with outstanding contributions in the field of Islamic learning and social service as may desire or agree to be such Fellows. (4) A Patron or a Fellow of the Foundation shall, unless he indicates his desire to relinquish the privilege, continue to be such Patron or Fellow during his life-time. (5) The Board may, on an application made in this behalf, admit in such manner and upon fulfilment of such conditions as may be prescribed any person having interest in the objects and purposes of the Foundation as a life-member or a member of the Foundation.", "name": "Members of the Foundation", "related_acts": "", "section_id": 10 }, { "act_id": 492, "details": "9A. (1) The Board shall convene every year an annual general meeting of the members of the Foundation,- a) \tto consider the annual report of the activities of the Foundation during the next preceding year to be laid before the meeting by the Director-General; b) \tto offer suggestions in respect of the functions and activities of the Foundation for the consideration of the Board; and c) \tto elect, as and when necessary, the Governors required to be elected to the Board by the members of the Foundation. (2) The Board may at any time convene other general meetings of the members of the Foundation to consider such matters as may be placed before the meeting. 17 18(3) A general meeting of the members of the Foundation shall be presided over by the Chairman and, in his absence, by a Governor nominated for the purpose by the Chairman. (4) The proceedings of the general meeting of the Foundation shall be regulated in such manner as may be prescribed by regulations made under this Act.", "name": "Meetings of the members", "related_acts": "", "section_id": 11 }, { "act_id": 492, "details": "1910. (1) There shall be a Secretary of the Foundation who shall be appointed by the Government on such terms and conditions as it may determine and perform such functions as the Board or the Director-General may assign to him. (2) The Foundation may 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 prescribed.", "name": "Appointment of Officers, etc.", "related_acts": "", "section_id": 12 }, { "act_id": 492, "details": "11. The functions of the Foundation shall be- (a) \tto establish, manage and maintain mosques and Islamic centres, academies and 20institutes; (b) \tto render financial assistance to mosques and Islamic centres, 21academies, institutes and organisations dedicated to social services; (c) \tto undertake research on the contributions of Islam to culture, thoughts, science and civilization; (d) \tto propagate and assist in propagating the basic Islamic ideals of universal brotherhood, tolerance and justice 22and to recommend measures, including institutional development, for the realisation of Islamic values and principles in the cultural, social and economic life of the community; (e) \tto organize and promote studies and research in Islamic history, philosophy, culture, law and jurisprudence 23with a view to popularising Islamic values and principles and to publish, and promote the publication and dissemination at cheap prices of popular Islamic Literature; 24(f) \tto translate, compile and publish books, periodicals and pamphlets on Islam and Islamic subject;  (g) \tto organize conferences, lectures, debates and symposia on matters relating to Islamic history, philosophy, culture, law and jurisprudence; (h) \tto institute prizes and medals for outstanding contributions in the field of Islamic studies; 25(hh) \tto sponsor, undertake or assist projects on Islam; (i) \tto award scholarships for Islamic studies; (j) \tto manage and develop Baitul Mokarram Mosque; (jj) 26to manage and develop the Jamiatul Falah Mosque and Complex, Chittagong; and (k) \tto do all other acts and things ancillary or incidental to any of the aforesaid functions.", "name": "Functions", "related_acts": "", "section_id": 13 }, { "act_id": 492, "details": "12. (1) There shall be a Fund of the Foundation to which shall be credited- (a)\tfunds of the Baitul Mukarram and the Islamic Academy transferred to the Foundation under section 20; 27(aa) funds of the Jamiatul Falah Mosque and Complex, Chittagong, transferred under section 20A; (b) \tgrants and loans from the Government; (c) \tloans raised in Bangladesh; (d) \taids and grants received from foreign countries or organizations with the prior approval of the Government; (e) \tdonations and endowments; (f) \tincomes from investments, royalties and properties; and (g) \tall other receipts of the Foundation. (2) The Fund of the Foundation shall be utilized by it to meet charges in connection with its functions under this Act and all payments of the Foundation shall be made out of that Fund. (3) All moneys of the Foundation shall be deposited with any bank.", "name": "Fund", "related_acts": "", "section_id": 14 }, { "act_id": 492, "details": "13. The Foundation shall keep its account in such manner as the Government may direct.", "name": "Accounts", "related_acts": "", "section_id": 15 }, { "act_id": 492, "details": "14. The Foundation shall, by such date in each year as may be fixed by the Government, submit to the Government for approval a budget in such form as the Government may specify for each financial year showing the estimated receipts and expenditure during that financial year.", "name": "Budget", "related_acts": "", "section_id": 16 }, { "act_id": 492, "details": "15. (1) The accounts of the Foundation shall be audited by the Comptroller and Auditor-General of Bangladesh (hereinafter in this section referred to as the Auditor-General) in such manner as he deems fit. (2) For the purpose of an audit under sub-section (1), the Auditor-General or any person authorised by him in this behalf shall have access to all records, books, documents, cash, securities, stores and other property of the Foundation and may examine any 28Governor, the Director-General or any other officer or employee of the Foundation. (3) The Auditor-General shall submit his audit report to the Government and shall forward a copy thereof to the Foundation.", "name": "Audit", "related_acts": "", "section_id": 17 }, { "act_id": 492, "details": "16. (1) The Foundation shall furnish to the Government such reports and statements as the Government may from time to time require. (2) The Foundation shall, as soon as possible after the end of every financial year, furnish to the Government statement of audited accounts together with an annual report on the condition of its affairs of that year.", "name": "Reports, etc.", "related_acts": "", "section_id": 18 }, { "act_id": 492, "details": "17. The Foundation 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 29,any Governor, the Director-General or any other officer or employee of the Foundation as may be so specified.", "name": "Delegation of powers", "related_acts": "", "section_id": 19 }, { "act_id": 492, "details": "3018. 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": 20 }, { "act_id": 492, "details": "18A. (1) The Board may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Act 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 Act. (2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.", "name": "Power to make regulations", "related_acts": "", "section_id": 21 }, { "act_id": 492, "details": "18AA. (1) Notwithstanding anything contained in any other law for the time being in force or in any agreement or contract,- (a)\tthe Foundation shall fix the rent of its properties in accordance with the schedule of rent fixed by the Government, from time to time, keeping in view the prevailing market rate; (b)\tthe Foundation shall re-fix the rent of its properties in accordance with the schedule fixed under clause (a): Provided that the rent of any property or any portion thereof shall not be re-fixed within twelve months in respect of each tenancy. (2) If any tenant refuses or fails to pay the rent fixed or re-fixed under sub-section (1), he shall be deemed to be an unauthorised occupant and shall be evicted from the property of the Foundation.", "name": "Fixation of rent of properties of the Foundation", "related_acts": "", "section_id": 22 }, { "act_id": 492, "details": "19. No provision of law relating to the winding up of bodies corporate shall apply to the Foundation, and the Foundation shall not be wound up except by order of the Government, and in such manner as the Government may direct.", "name": "Winding up", "related_acts": "", "section_id": 23 }, { "act_id": 492, "details": "20. (1) Notwithstanding anything contained in any other law for the time being in force or in any rule, regulation or bye-law, or in any trust, wakf, agreement, deed, or other instrument, upon the establishment of the Foundation- (a)\tthe society known as the Baitul Mukarram, registered under the Societies Registration Act, 1860 (XXI of 1860), hereinafter referred to as the said society, and the institute known as the Islamic Academy, Dacca, hereinafter referred to as the said institute, shall stand dissolved; (b) \tthe ad hoc committee or any other committee or body of management of the said society, by whatever name called, shall stand dissolved, and all members of the said society and all members and the Administrator of the said institute shall cease to be such members and Administrator; (c) \tall assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash and bank balances, reserve funds, investments and all other interests and rights and rights in, or arising out of, such property and all debts, liabilities and obligations of whatever kind of the said society and the said institute, subsisting immediately before their dissolution, shall stand transferred to, and vest in, the Foundation; (d) \tall debts and obligations incurred, contracts entered into or rights acquired and all matters and things engaged to be done by, with or for the said society and the said institute before their dissolution shall be deemed to have been incurred, entered into, acquired or engaged to be done by, with or for the Foundation; (e) \tall officers and other employees of the said society and the said institute shall stand transferred to the Foundation and shall be deemed to have been appointed by the Foundation in accordance with the terms and conditions of service applicable to them, and no such officer or employee shall be entitled to any compensation because of such transfer; and (f) \tall suits and other legal proceedings instituted by or against the said society and the said institute before their dissolution shall be deemed to be suits and proceedings by or against the Foundation and shall be proceeded or otherwise dealt with accordingly. (2) The Government may, for the purpose of removing any difficulty in relation to the dissolution, transfer or other matters specified in sub-section (1), make such orders as it considers expedient and any such order shall be deemed to be, and given effect to as, part of the provisions of this Act.", "name": "Dissolution of Baitul Mukarram and Islamic Academy", "related_acts": "10", "section_id": 24 }, { "act_id": 492, "details": "3120A. (1) Notwithstanding anything contained to the contrary in any other law, rule, regulation or bye-law, or in any trust, waqf, agreement, deed or other instrument, for the time being in force, upon coming into force of this section,- (a) the society known as Jamiatul Falah, in respect of the Jamiatul Falah Mosque and Complex, Chittagong, registered under the Societies Registration Act, 1860 (XXI of 1860), shall stand dissolved; (b) the management of the Jamiatul Falah Mosque and Complex, Chittagong hereinafter called the “the said Mosque and Complex,” shall vest in the Foundation; and all assets, rights, powers, 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 and all debts, liabilities and obligations of whatever kind in respect of the said Mosque and Complex, subsisting immediately before the coming into force of this section, shall, stand transferred to, and, vest in the Foundation; (c) any committee or committees, ad-hoc or permanent, or any other committee or body of management in connection with the said Mosque and Complex, by whatever name called, subsisting immediately before the coming into force of this section, shall stand dissolved and members of such committee or committees shall cease to be such members; (d) all debts and obligations incurred, contracts entered into or rights acquired and all matters and things engaged to be done by, with or for the said Mosque and Complex, before the coming into force of this section, shall be deemed to have been incurred, entered into, acquired or engaged to be done by, with or for the Foundation; (e) all officers and other employees of the said Mosque and Complex, appointed or employed before the date of approval by the Cabinet of the Draft Bill in respect of this section, shall stand transferred to the Foundation and shall be deemed to have been appointed by the Foundation in accordance with the terms and conditions of service as had been applicable to them immediately before the coming into force of this section until such terms and conditions are varied by rules or regulations made by the Government or Foundation, as the case may be, and no such officer or employee shall be entitled to any compensation because of such transfer; (f) all assets and properties vested in the Foundation and any book of account, documents or other papers relating thereto shall be delivered to the Foundation or to an officer authorised by it in this behalf; (g) the Foundation shall maintain separate account in respect of the income and expenditure of the Jamiatul Falah Mosque and Complex; (h) the Foundation shall generally utilise the income of the Jamiatul Falah Mosque and Complex for the purpose of management, maintenance and development of the said Mosque and Complex, but the Foundation may also utilise the assets, properties and income of the said Mosque and Complex for the performance of its functions under section 11, if, in its opinion, such utilisation will not be prejudicial to the interest of the said Mosque and Complex; and (i) all suits and other legal proceedings instituted on behalf of or against the said Mosque and complex shall be deemed to be suits and proceedings by or against the Foundation and shall be proceeded or otherwise dealt with accordingly. (2) The Government may, for the purpose of removing any difficulty in relation to matters specified in sub-section (1), make such orders as it considers expedient and any such order shall be deemed to be, and given effect to, as part of the provisions of that sub-section.", "name": "Vesting of Jamiatul Falah Mosque and Complex, Chittagong, in Foundation and its management.", "related_acts": "10", "section_id": 25 }, { "act_id": 492, "details": "21. (1) The Islamic Foundation Ordinance, 1975 (Ord. XVII of 1975), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken, including any order made, notification issued or direction given under any provision of the said Ordinance shall be deemed to have been done, taken, made, issued or given, as the case may be, under the corresponding provision of this Act.", "name": "Repeal and savings", "related_acts": "", "section_id": 26 } ], "text": "An Act to establish an Islamic Foundation. WHEREAS it is expedient to establish an Islamic Foundation for the purposes of founding, managing and assisting mosques and Islamic centres, academies and institutes, undertaking research on the contributions of Islam to culture, science and civilization, propagating the basic Islamic ideals of universal brotherhood, tolerance and justice and promoting studies and research in Islamic history, philosophy, law and jurisprudence and to provide for matters connected therewith; It is hereby enacted as follows:-" }

{ "id": 493, "lower_text": [], "name": "The Blind Relief (Donation of Eye) Act, 1975", "num_of_sections": 9, "published_date": "17th July, 1975", "related_act": [ 493 ], "repelled": false, "sections": [ { "act_id": 493, "details": "1. (1) This Act may be called the Blind Relief (Donation of Eye) Act, 1975. (2) It shall be deemed to have come into force on the 11th day of February, 1975.", "name": "Short title and commencement", "related_acts": "493", "section_id": 1 }, { "act_id": 493, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“donation” means donation of eyes under sub-section (1) of section 3; (b) \t“donee” means the person who is entitled to receive and use the eyes for the purpose for which they have been donated; (c) \t“donor” means a person who donates one or both of his eyes for therapeutic use.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 493, "details": "3. (1) It shall be lawful for any person who is competent to contract to donate one or both of his eyes by gift or by will for therapeutic use during his lifetime or after his death: Provided that in the case of donation by gift for use during the life-time of the donor only one eye shall be deemed to have been donated. (2) A donation shall not be valid unless it is made by a registered instrument which is- (a)\texecuted by or on behalf of the donor and attested by at least two witnesses competent to attest an instrument of transfer of property; and  (b) \tdelivered to, and accepted by, the donee: Provided that a donation by word of mouth in the presence of two such witnesses shall be valid if it is made by the donor during his illness which induces an apprehension of death in him and actually results in his death. (3) Unless it specifies any person for whose use and benefit the eyes have been donated, the donation shall be deemed to have been made generally for the relief of the blind. (4) A donation may be revoked by the donor at any time during his lifetime in the same manner in which it was made.", "name": "Donation of eyes", "related_acts": "", "section_id": 3 }, { "act_id": 493, "details": "4. (1) It shall be lawful for a donee to enucleate, or cause the enucleation of the eyes of the donor and to use or cause to be used the eyes so enucleated to give effect to the donation. Explanation. “Enucleation” with reference to eyes shall include removal or extraction of such organ, tissue or other part of a body which is necessary for the utilisation of the eyes. (2) Where the eyes have been donated for the use and benefit of any particular person, they shall be so used; but if that person is not available for giving effect to the donation or that person does not any more need the donation, the eyes may be used, subject to any rules made in this behalf, generally for the relief of the blind. (3) Where the body of the donor requires post-mortem examination under law, enucleation of his eyes for the purpose of giving effect to his donation shall be subject to the requirement of such examination.", "name": "Enucleation and use of eyes", "related_acts": "", "section_id": 4 }, { "act_id": 493, "details": "5. (1) Where a donation is to take effect after the death of the donor, his next of kin or the person upon whom devolves by law the right to control the disposition of the remains of the deceased donor shall, if he has any information about the donation, forthwith inform the donee of the fact of the death of the donor. (2) Failure to comply with the provisions of sub-section (1) shall be punishable with fine which may extend to Taka one thousand.", "name": "Information as to death of the donor", "related_acts": "", "section_id": 5 }, { "act_id": 493, "details": "6. (1) In the case of a body lying in a hospital, prison, nursing home or other institutions and not claimed by his next of kin, an authority for removal of the eyes may be given by the person having the control or management of the hospital, prison, nursing home or institution. (2) No authority under sub-section (1) shall be given within half an hour from the time of death.", "name": "Authority for removal of eyes of unclaimed bodies of certain institutions", "related_acts": "", "section_id": 6 }, { "act_id": 493, "details": "7. The provisions of this Act shall have effect notwithstanding anything to the contrary contained in any law, including personal law, custom or usage but shall not be so construed as to restrict or limit any right or authority a donor may otherwise have regarding the disposition of his eyes after his death.", "name": "Act to override other laws", "related_acts": "", "section_id": 7 }, { "act_id": 493, "details": "8. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for the following matters:- (a)\tperson who shall be qualified to undertake operation for enucleation of the eyes of the donor; (b) \tthe hospital or other places at which enucleation may be carried out; (c) \tpreservation of the eyes donated for giving effect to the donation; and (d) \tsuch other matters as are necessary to properly give effect to donations.", "name": "Power to make rules", "related_acts": "", "section_id": 8 }, { "act_id": 493, "details": "9. The Blind Relief (Donation of Eyes) Ordinance, 1975 (Ord. V of 1975), is hereby repealed.", "name": "Repeal", "related_acts": "", "section_id": 9 } ], "text": "An Act to provide for certain matters relating to donation of eye. WHEREAS it is expedient to provide for certain matters relating to the donation of eye for the relief of the blind and the use of eye so donated and for matters ancillary thereto; It is hereby enacted as follows:-" }

{ "id": 494, "lower_text": [], "name": "The Islamic Development Bank Act, 1975", "num_of_sections": 7, "published_date": "18th July, 1975", "related_act": [ 494 ], "repelled": false, "sections": [ { "act_id": 494, "details": "1. (1) This Act may be called the Islamic Development Bank Act, 1975. (2) It shall be deemed to have come into force on the 29th day of January, 1975.", "name": "Short title and commencement", "related_acts": "494", "section_id": 1 }, { "act_id": 494, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Agreement” means the Agreement establishing the Islamic Development Bank; (b)\t“Bank” means the Islamic Development Bank established by the Agreement.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 494, "details": "3. (1) There shall be paid out of the Consolidated Fund all such sums as may, from time to time, be required for the purpose of making payments on behalf of the People's Republic of Bangladesh under any provision of the Agreement. (2) Any sums received by the People's Republic of Bangladesh from the Bank in pursuance of the Agreement shall be paid into the Consolidated Fund.", "name": "Financial provisions", "related_acts": "", "section_id": 3 }, { "act_id": 494, "details": "4. (1) Notwithstanding anything to the contrary contained in any other law, the provisions of Chapter VII of the Agreement set out in the Schedule shall have the force of law in Bangladesh: Provided that nothing in Article 59 of the Agreement shall be construed as- (a)\tentitling the Bank to import into Bangladesh goods free of any duty of customs without any restriction on their subsequent sale therein; (b) \tconferring on the Bank any exemption from duties or taxes which form part of the price of goods sold; or (c) \tconferring on the Bank any exemption from duties or taxes which are in fact no more than charges for services rendered. (2) The Government may, by notification in the official Gazette, amend the Schedule in conformity with any amendment, which may hereafter be duly made and adopted, of the provisions of the Agreement set out therein.", "name": "Certain provisions of the Agreement to", "related_acts": "", "section_id": 4 }, { "act_id": 494, "details": "5. The Government may take all such steps and make all such arrangements as may be considered necessary to enable it to discharge its financial obligations and other liabilities under the Agreement.", "name": "Power to take steps to discharge obligations and liabilities under the Agreement", "related_acts": "", "section_id": 5 }, { "act_id": 494, "details": "6. 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": 6 }, { "act_id": 494, "details": "7. (1) The Islamic Development Bank Ordinance, 1975 (Ord. I of 1975), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.", "name": "Repeal and savings", "related_acts": "", "section_id": 7 } ], "text": "An Act to provide for the implementation of the Agreement establishing the Islamic Development Bank. WHEREAS the People's Republic of Bangladesh is a signatory to the Agreement establishing the Islamic Development Bank, and it is expedient to provide for the implementation of that Agreement and for carrying out the obligations of the People's Republic of Bangladesh as a founder member of that Bank and for matters connected therewith; It is hereby enacted as follows:-" }

{ "id": 495, "lower_text": [], "name": "The Services (Reorganisation and Conditions) Act, 1975", "num_of_sections": 11, "published_date": "18th July, 1975", "related_act": [ 495 ], "repelled": true, "sections": [ { "act_id": 495, "details": "1. (1) This Act may be called the Services (Reorganisation and Conditions) Act, 1975. (2) It shall be deemed to have come into force on the 1st day of July, 1973.", "name": "Short title and commencement", "related_acts": "495", "section_id": 1 }, { "act_id": 495, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Nationalised Enterprise” includes any industrial or commercial concern which is owned, controlled or managed by, or vested in, the Government or any public body; (b) \t“Pay” includes salary, allowance and any other emoluments by whatever name called; (c) \t“Public body” means any body, authority, corporation or institution constituted or established by or under any law and includes any other body, authority or institution owned, controlled, managed or set up by the Government; (d) \t“Service” includes any post or office.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 495, "details": "3. The provisions of this Act or any order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law or in any rule, regulation, by-law, agreement, award, settlement or term or condition of services.", "name": "Act to override all other laws, etc.", "related_acts": "", "section_id": 3 }, { "act_id": 495, "details": "4. The Government may, by order notified in the official Gazette, reorganise the service of the Republic or of any public body or nationalised enterprise and for that purpose create new services or amalgamate or unify existing services.", "name": "Power of Government to reorganise services of the Republic and of public bodies and nationalised enterprises", "related_acts": "", "section_id": 4 }, { "act_id": 495, "details": "5. (1) The Government may, with a view to bringing uniformity in the grades and scales of pay of different persons or classes of persons employed in the service of the Republic or of any public body or nationalised enterprise, by order notified in the official Gazette, prescribe grades and scales of pay and other terms and conditions of service for all or any such persons or classes of persons. (2) No persons whose grade or scale of pay is prescribed under sub-section (1) shall receive, and no person shall allow such person, any benefit of a grade or scale of pay which is higher than the grade or scale of pay prescribed for him.", "name": "Power of Government to prescribe unified grades and scales of pay, etc.", "related_acts": "", "section_id": 5 }, { "act_id": 495, "details": "6. (1) An order under section 4 or 5 may be made so as to be retrospective to any date not earlier than the date of commencement of this Act. (2) Nothing in this section shall have the effect of creating any offence retrospectively.", "name": "Retrospective effect to order", "related_acts": "", "section_id": 6 }, { "act_id": 495, "details": "7. An order under section 4 or 5 may vary or revoke any condition of service of a person employed in the service of the Republic or of any public body or nationalised enterprise, and no such person shall be entitled to any compensation for such variation or revocation of any condition of his service to his disadvantage.", "name": "Variation and revocation of conditions of service permitted", "related_acts": "", "section_id": 7 }, { "act_id": 495, "details": "8. No order made under section 4 or 5 shall be called in question in any court, and no suit or other legal proceeding shall lie against the Government or any person for anything done or intended to be done in pursuance of this Act or any order made thereunder.", "name": "Indemnity", "related_acts": "", "section_id": 8 }, { "act_id": 495, "details": "9. Whoever contravenes any provision of section 5(2) shall be punishable with fine which may extend to five thousand taka, and with a further fine which may extend to five hundred taka for each month after the first during which such contravention continues.", "name": "Penalty", "related_acts": "", "section_id": 9 }, { "act_id": 495, "details": "10. No court shall take cognizance of an offence punishable under this Act except on a complaint in writing made by the Government or by a person authorised by it in this behalf.", "name": "Cognizance of offence", "related_acts": "", "section_id": 10 }, { "act_id": 495, "details": "11. (1) The Services (Reorganisation and Conditions) Ordinance, 1975 (Ord. XXII of 1975), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken or any order made under the said Ordinance shall be deemed to have been done, taken or made, as the case may be, under the corresponding provision of this Act.", "name": "Repeal and savings", "related_acts": "", "section_id": 11 } ], "text": "An Act to provide for the reorganisation of the services of the Republic and of public bodies and nationalised enterprises, and for prescribing unified grades and scales of pay and other terms and conditions of service for persons employed in such services. WHEREAS it is expedient to provide for the reorganisation of the services of the Republic and of public bodies and nationalised enterprises and for prescribing unified grades and scales of pay and other terms and conditions of service for persons employed in such services; It is hereby enacted as follows:-" }

{ "id": 496, "lower_text": [], "name": "The Nationalised Banks (Transfer of Business) Act, 1975", "num_of_sections": 10, "published_date": "18th July, 1975", "related_act": [ 496, 377 ], "repelled": false, "sections": [ { "act_id": 496, "details": "1. (1) This Act may be called the Nationalised Banks (Transfer of Business) Act, 1975. (2) It shall be deemed to have come into force on the 27th day of February, 1975.", "name": "Short title and commencement", "related_acts": "496", "section_id": 1 }, { "act_id": 496, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“appointed date” means the date appointed under section 4; (b) \t“branch”, in relation to a specified bank, includes a sub-branch booth, or office in or through which the business and functions of such bank is carried on or performed; (c) \t“Sonali Bank” means the Sonali Bank constituted under the Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972); (d) \t“Specified bank”, with its grammatical variations and cognate expressions, means, according to the context, all or any of the Janata Bank, Pubali Bank and Uttara Bank constituted under the Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972); and (e)\t“transferred branch”, with its grammatical variations, means a branch of a specified bank whose business and functions have been transferred under section 4.", "name": "Definitions", "related_acts": "377,377", "section_id": 2 }, { "act_id": 496, "details": "3. The provisions of this Act shall have effect notwithstanding anything contained in the Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972), or in any other law for the time being in force.", "name": "Act to override the laws", "related_acts": "377", "section_id": 3 }, { "act_id": 496, "details": "4. On such date as the Bangladesh Bank may, by notification in the official Gazette, appoint in this behalf, the business and functions of all the branches in the United Kingdom of the specified banks shall stand transferred to the Sonali Bank; and different dates may be appointed in respect of different specified banks.", "name": "Transfer of certain banking business to Sonali Bank", "related_acts": "", "section_id": 4 }, { "act_id": 496, "details": "5. On the appointed date- (a)\tthe specified banks shall cease to have any branch in the United Kingdom; (b)\tthe transferred branches shall, until the Sonali Bank otherwise directs, be deemed to be, and continue to function and transact business as, branches of the Sonali Bank; (c)\tall assets, rights, powers, authorities and privileges and all property, movable and immovable, cash and bank balances, reserve funds, investments, securities, letters of credit, bills sight and usance, negotiable instruments, advances and all other rights and interests in or arising out of such property, of, or in the possession, power or control of, the specified banks, for the purpose of, or in relation to, the business and functions of the transferred branches shall stand transferred to and vest in the Sonali Bank; (d)\tall debts and liabilities incurred, all obligations undertaken, all contracts entered into and all agreements made by or with, and all matters and things engaged to be done by, with or for, any of the specified banks for the purpose of, or in relation to, the business and functions of any transferred branch shall stand transferred to, and be deemed to have been incurred, undertaken, entered into or made by, with, or for the Sonali Bank; (e)\tany sum payable to or recoverable by any of the specified banks for the purpose of, or in relation to, any of the transferred branches shall be deemed to be payable to, or recoverable by, the Sonali Bank;  (f) \tany reference to a specified bank in any deed, bond, power-of-attorney, grant of legal representation and other instrument of whatever nature for the purpose of, or in relation to, the business and functions of any transferred branch shall, except where the context otherwise requires be construed as reference to the Sonali Bank and such deed, bond, power, grant or instrument shall have effect accordingly; (g) \tall suits, appeals and other legal proceedings instituted by or against any of the specified banks for the purpose of, or in relation to, the business and functions of any transferred branch before the appointed date shall be deemed to be suits, appeals and legal proceedings by or against the Sonali Bank and may be continued or proceed with accordingly; (h) \tnotwithstanding anything contained in any contract or agreement or in the conditions of service, services of the officers and other employees of the specified banks for the purpose of, or in relation to, the transferred branches shall stand terminated: Provided that the Sonali Bank may appoint any such officer or employee as its own officer or employee on such terms and conditions as it may deem fit.", "name": "Effect of transfer of business", "related_acts": "", "section_id": 5 }, { "act_id": 496, "details": "6. (1) As soon as may be after the commencement of this Act, each of the specified banks and the officers and employees concerned of such bank shall take all such steps as may be necessary to hand over, and the Sonali Bank shall take all such steps as may be necessary to take, possession and control of all properties, movable and immovable, records and documents of the specified banks as are relatable to the business and functions of the transferred branches so that such transfer of possession is completed, so far as may be, by the appointed date. (2) Any dispute arising out of, or in the course of, the transfer of properties, records and documents between any of the specified banks and the Sonali Bank shall be referred to the Government whose decision thereon shall be final and binding upon the parties to the dispute. (3) For the purpose of settling any dispute referred to in sub-section (2), the Government may call for or require submission of any information, account, statement, record or document from the specified bank concerned or any of its officers or employees.", "name": "Transfer of possession of properties, etc., of the transferred branches", "related_acts": "", "section_id": 6 }, { "act_id": 496, "details": "7. (1) Whereupon the assessment of the value of the assets and liabilities of a specified bank transferred to the Sonali Bank under or in pursuance of the provisions of this Act it is found- (a)\tthat the value of the assets exceeds the value of the liabilities, the Sonali Bank shall pay to the specified bank concerned a compensation equivalent in value to such excess; and (b)\tthat the value of the liabilities exceeds the value of the assets, the specified bank concerned shall pay to the Sonali Bank a compensation equivalent in value to such excess. (2) The manner of assessment of the assets and liabilities and of payment of compensation referred to in sub-section (1) shall be settled by agreement between the Sonali Bank and the specified bank concerned, and in case of failure or absence of such agreement shall be determined by the Government.", "name": "Compensation", "related_acts": "", "section_id": 7 }, { "act_id": 496, "details": "8. Where any difficulty arises on account of any law in force in the United Kingdom in giving effect to the provisions of this Act, the specified banks and the Sonali Bank shall take all such steps in accordance with such law as may be necessary to give effect to the provisions of this Act or any order or direction made or issued under this Act.", "name": "Removal of difficulty", "related_acts": "", "section_id": 8 }, { "act_id": 496, "details": "9. The Government may, for carrying out the purposes, or for removing any difficulty in giving effect to the provisions of this Act, make such orders or issue such directions to the specified banks, Sonali Bank or any of their officers and employees as it may deem fit.", "name": "Power to make orders, etc.", "related_acts": "", "section_id": 9 }, { "act_id": 496, "details": "10. (1) The Nationalised Banks (Transfer of Business) Ordinance, 1975 (Ord. XI of 1975), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken including any order or notification made or direction issued under any provision of the said Ordinance, shall be deemed to have been done, taken, made or issued, as the case may be, under the corresponding provision of this Act.", "name": "Repeal and savings", "related_acts": "", "section_id": 10 } ], "text": "An Act to provide for the transfer of certain business and functions of specified banks to the Sonali Bank. WHEREAS it is expedient in the public interest to provide for the transfer of certain business and functions in the United Kingdom of the Janata Bank, Pubali Bank and Uttara Bank to the Sonali Bank and for matters ancillary thereto; It is hereby enacted as follows:-" }

{ "id": 497, "lower_text": [], "name": "The Hundred-Taka Demonetised Notes (Mode of Payment and Recovery of Taxes) Act, 1975", "num_of_sections": 9, "published_date": "21st July, 1975", "related_act": [ 497 ], "repelled": false, "sections": [ { "act_id": 497, "details": "1. (1) This Act may be called the Hundred-Taka Demonetised Notes (Mode of Payment and Recovery of Taxes) Act, 1975. (2) It shall be deemed to have come into force on the seventh day of April, 1975.", "name": "Short title and commencement", "related_acts": "497", "section_id": 1 }, { "act_id": 497, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“agency” means any bank, post office, treasury or sub-treasury; (b)\t“demonetised note” means a Bangladesh Bank Note of one-hundred-Taka denomination which has ceased to be legal tender with effect from the seventh day of April, 1975, in pursuance of the declaration made by the Government by notification No. I F. 5/31/75-95, dated the 6th April, 1975 (hereinafter referred to as the said notification); (c)\t“depositor” means a person who has deposited any demonetised note with any agency mentioned in the said notification within the time specified therein.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 497, "details": "3. The provisions of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.", "name": "Effect of Act and rules inconsistent with other laws", "related_acts": "", "section_id": 3 }, { "act_id": 497, "details": "4. The value of the demonetised notes deposited by a depositor shall be paid by an agency on such date and in such form and manner as the Government may, by notification in the official Gazette, determine.", "name": "Mode of payment of value of demonetised notes to be determined by Government", "related_acts": "", "section_id": 4 }, { "act_id": 497, "details": "5. (1) If the Government is satisfied that any taxes are recoverable from a depositor under any law for the time being in force, it may, by order in writing, direct the recovery of such taxes from the value of the demonetised notes deposited by him and send the order to the agency with which the demonetised notes have been deposited. (2) On receipt of an order under sub-section (1), the agency shall deduct the amount specified in the order from the value of the demonetised notes deposited by the depositor and pay the balance, if any, to him on such date and in such form and manner as may be determined by the Government under section 4.", "name": "Recovery of taxes", "related_acts": "", "section_id": 5 }, { "act_id": 497, "details": "6. The Government may, by notification in the official Gazette, exempt any person or class of persons or amount of demonetised notes from the operation of the provisions of this Act.", "name": "Exemption", "related_acts": "", "section_id": 6 }, { "act_id": 497, "details": "7. (1) No action taken under this Act against any depositor in respect of the demonetised notes deposited by him shall be called in question in any manner by or before any court. (2) No suit, prosecution or other legal proceeding shall lie against the Government or the Bangladesh Bank or any agency for delay in the payment of the value of demonetised notes or for payment of the value thereof in any form or manner other than in cash or for deduction of any tax from the value of such notes.", "name": "Indemnity", "related_acts": "", "section_id": 7 }, { "act_id": 497, "details": "8. 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": 8 }, { "act_id": 497, "details": "9. (1) The Hundred-Taka Demonetised Notes (Mode of Payment and Recovery of Taxes) Ordinance, 1975 (Ord. XXV of 1975), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under any provision of the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.", "name": "Repeal and savings", "related_acts": "", "section_id": 9 } ], "text": "An Act to provide for special mode of payment of the value of the demonetised notes and recovery of taxes therefrom. WHEREAS it is expedient to provide for special mode of payment of the value of the demonetised notes and recovery of taxes therefrom; It is hereby enacted as follows:-" }

{ "id": 498, "lower_text": [], "name": "The Jute Companies (Acquisition of Shares) Ordinance, 1975", "num_of_sections": 10, "published_date": "21st July, 1975", "related_act": [ 368, 498 ], "repelled": false, "sections": [ { "act_id": 498, "details": "1. (1) This Ordinance may be called the Jute Companies (Acquisition of Shares) Ordinance, 1975. (2) It shall be deemed to have come into force- (a)\tin so far as it relates to M/S Helal Jute Press Limited and M/S Rangpur Jute Press Limited, on the 2nd day of January, 1972; (b) \tin so far as it relates to M/S Khan Brothers Limited, on the 31st day of August, 1972.", "name": "Short title and commencement", "related_acts": "498", "section_id": 1 }, { "act_id": 498, "details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“commencement of this Ordinance” means- (i)\tin so far as it relates to M/S Helal Jute Press Limited and M/S Rangpur Jute Press Limited, the 2nd day of January, 1972;  (ii)\tin so far as it relates to M/S Khan Brothers Limited, the 31st day of August, 1972; (b)\t“jute company” means M/S Helal Jute Press Limited, M/S Rangpur Jute Press Limited, or M/S Khan Brothers Limited.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 498, "details": "3. The provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.", "name": "Ordinance to over-ride other laws", "related_acts": "", "section_id": 3 }, { "act_id": 498, "details": "4. On the commencement of this Ordinance, the shares in every jute company, which have not already vested in the Government by or under any law for the time being in force, shall, by virtue of this section, stand vested in, and allotted to, the Government free of any trust, mortgage, charge, lien, interest or other encumbrance whatsoever, and the Government shall, as from such commencement, be the sole shareholder of such jute company.", "name": "Shares of jute companies to vest in Government", "related_acts": "", "section_id": 4 }, { "act_id": 498, "details": "5. Notwithstanding anything contained in any memorandum or articles of association of any jute company, or in any agreement, contract or other instrument whatsoever, the Government may, in respect of such jute company,- (a)\ttake such measures and do such things as it deems necessary or expedient for the purpose of efficient management of the affairs and business of such jute company; (b)\tdissolve the Board of Directors of such jute company, or constitute a new Board of Directors, or remove a Director, or appoint a new Director; (c)\tmodify or amend the memorandum or articles of association of such jute company or any agreement, contract or other instrument entered into or executed by or on behalf of or with such jute company.", "name": "Powers of Government in respect of jute companies", "related_acts": "", "section_id": 5 }, { "act_id": 498, "details": "6. Every provision in any law or in any memorandum or articles of association of any jute company 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 jute company below a certain number, shall be of no effect in relation to such jute company.", "name": "Provisions of certain law, etc. not to have any effect", "related_acts": "", "section_id": 6 }, { "act_id": 498, "details": "7. The Government may, by rules, modify in their application to any jute company any of the provisions of the Companies Act, 1913 (VII of 1913), or of any rules made thereunder.", "name": "Power of Government to modify Act VII of 1913", "related_acts": "", "section_id": 7 }, { "act_id": 498, "details": "8. The Government shall pay in respect of the shares vested in it under section 4 such compensation as may be determined by it: Provided that such compensation shall not exceed the paid up value of such shares.", "name": "Compensation", "related_acts": "", "section_id": 8 }, { "act_id": 498, "details": "9. It is hereby declared that the provisions of this Ordinance are made to give effect to the fundamental principles of state policy set out in articles 10 and 13(a) in Part II of the Constitution of the People's Republic of Bangladesh.", "name": "Declaration", "related_acts": "", "section_id": 9 }, { "act_id": 498, "details": "10. Notwithstanding any judgment, decree or order of any court, anything done, or purported to have been done, or any action taken, or purported to have been taken, in respect of any jute company under the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972), or under Acting President's Order No. IM-35/71/13, dated the 26th December, 1971, or under the Bangladesh (Taking Over of Control and Management of Industrial and Commercial Concerns) Order, 1972 (A.P.O. No. I of 1972), shall be deemed to have been done or taken in respect thereof under this Ordinance.", "name": "Validation", "related_acts": "368", "section_id": 10 } ], "text": "An Ordinance to provide for the acquisition of the shares in M/S Khan Brothers Limited, M/S Helal Jute Press Limited and M/S Rangpur Jute Press Limited. WHEREAS it is expedient in the public interest to provide for the acquisition of the shares in M/S Khan Brothers Limited, M/S Helal Jute Press Limited and M/S Rangpur Jute Press Limited and for matters connected therewith or ancillary thereto; AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render immediate action necessary; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 93 of the Constitution of the People’s Republic of Bangladesh, the President is pleased to make and promulgate the following Ordinance:-" }

{ "id": 499, "lower_text": [ "1 Section 5A was inserted by section 2 of the Government-owned Newspapers (Management) (Amendment) Ordinance, 1983 (Ordinance No. XIII of 1983)" ], "name": "The Government-owned Newspapers (Management) Act, 1975", "num_of_sections": 9, "published_date": "21st July, 1975", "related_act": [ 499 ], "repelled": false, "sections": [ { "act_id": 499, "details": "1. (1) This Act may be called the Government-owned Newspapers (Management) Act, 1975. (2) It shall be deemed to have come into force on the 13th day of June, 1975.", "name": "Short title and commencement", "related_acts": "499", "section_id": 1 }, { "act_id": 499, "details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Management for Government-owned Newspapers constituted under section 3; (b)\t“dissolved company” means a company dissolved under section 6.", "name": "Definitions", "related_acts": "", "section_id": 2 }, { "act_id": 499, "details": "3. (1) The Government may, for the purposes of this Act, constitute a Board to be called the Board of Management for Government-owned Newspapers. (2) The Board shall consist of a Chairman and such number of other members as the Government may deem fit to appoint. (3) The terms and conditions on which the Chairman and other members shall hold office and the procedure of the meetings of the Board shall be such as may be determined by the Government.", "name": "Constitution of Board of Management", "related_acts": "", "section_id": 3 }, { "act_id": 499, "details": "4. The functions of the Board shall be- (a)\tto manage, develop, expand and modernise- (i)\tthe newspapers owned by the Government; (ii) \tthe printing presses owned by the Government and used for the purposes of printing and publication of newspapers owned by the Government; (iii)\tthe printing presses vested in the Government under section 6; (b)\tif so authorised by the Government, to enter into or make any contract, agreement or other arrangement relating to the newspapers and printing presses under its management;  (c)\tto purchase any plant, machinery, maintenance spares, raw materials and stores or any other goods necessary for the newspapers and printing presses under its management and to dispose of them; (d)\twith the special sanction of the Government, to borrow or raise money on the security of any property under its management; (e)\tto do such other acts and things as the Government may direct, or as may be necessary for the performance of the aforesaid functions.", "name": "Functions of the Board", "related_acts": "", "section_id": 4 }, { "act_id": 499, "details": "5. (1) The Board shall, in the discharge of its functions, act on sound commercial lines so as to adequately meet the needs of mass communication media of the country and constructively project the progressive national image abroad. (2) The Board shall, in the discharge of its functions, be guided by such directions as the Government may give from time to time.", "name": "Principle to be followed by the Board", "related_acts": "", "section_id": 5 }, { "act_id": 499, "details": "15A. (1) If, at any time, the Government considers it expedient, it may, by order in the official Gazette, dissolve the Board constituted under section 3.\t(2) Upon the dissolution of the Board under sub-section (1),- (a)\tsections 3, 4 and 5 shall be ineffective and shall be deemed to have been omitted; and (b)\tthe newspapers and printing presses owned by, or vested in, the Government shall be managed, developed, expanded and modernised in such manner as the Government may determine in this behalf. (3) Notwithstanding the dissolution of the Board under sub-section (1), anything done or any action taken by the Board prior to its dissolution shall be deemed to have been done or taken by the Government.", "name": "Dissolution of the Board", "related_acts": "", "section_id": 6 }, { "act_id": 499, "details": "6. (1) Notwithstanding anything contained in the Companies Act 1913 (VII of 1913), or in any other law for the time being in force, or in any trust or wakf or in any deed or other instrument, the companies specified in the Schedule shall, upon the commencement of this Act, stand dissolved. (2) Upon the dissolution of the companies under sub-section (1)- (a)\tall such assets, rights, powers and privileges and properties, movable and immovable, of the dissolved companies, including shares thereof and their shares in any other company, corporation or trust, as have not already vested in the Government under the Bangladesh Abandoned Property (Control, Management and Disposal) Order,1972 (P.O.No. 16 of 1972), hereinafter referred to as the said Order, and all printing presses, cash and bank balances, reserve funds and investments of the dissolved companies and all other interest and rights in, or arising out of, such property of, or in the possession, power or control of, the dissolved companies shall stand transferred to and vest in the Government; (b)\tall debts and liabilities incurred, all obligations undertaken, all contracts entered into and all engagements made by, or with, and all matters and things engaged to be done by, with or for, any of the dissolved companies for the purpose of, or in relation to, its business and functions shall stand transferred to, and be deemed to have been incurred, undertaken, entered into or made by, with or for, the Government; (c)\tany sum payable to, or recoverable by, any of the dissolved companies for the purpose of, or in relation to, any of its business and functions shall be payable to, or recoverable by, the Government;  (d)\tany reference to any of the dissolved companies in any deed, bond, power-of-attorney, grant of legal representation and other instrument of whatever nature for the purpose of, or in relation to, the business and functions of such company shall, except where the context otherwise requires, be construed as reference to the Government and such deed, bond, power, grant or instrument shall have effect accordingly; (e)\tall suits, appeals and other legal proceedings instituted by or against any of the dissolved companies for the purpose of, or in relation to, its business and functions before its dissolution under this section shall be deemed to be suits, appeals and legal proceedings by or against the Government and may be continued or proceeded with accordingly;  (f)\tunless in the case of any person the Government by special order terminates his appointment or services and until the Government determines and redefines the terms and conditions of service, the services of all officers and other employees of the dissolved companies shall, notwithstanding anything contained in any contract or agreement or in the conditions of service, stand transferred to the Government on such terms and conditions as were applicable to them immediately before the dissolution of those companies; and (g) \tno officer or other employee of any of the dissolved companies whose services are, by or under this Act, terminated or transferred to the Government shall be entitled to any compensation on account of such termination or transfer. (3) For the avoidance of dispute it is hereby declared that the properties of the dissolved companies as have vested in the Government under the said Order shall for all purposes whatever cease to be abandoned property within the meaning of the said Order and shall accordingly cease to be subject to the provisions of that Order.", "name": "Dissolution of certain companies", "related_acts": "", "section_id": 7 }, { "act_id": 499, "details": "7. (1) In respect of the shares in a dissolved company which have vested in the Government under section 6 and the rights arising out of such shares, there shall be paid to the holders of such shares as compensation,- (a)\tif the full amount of the value of the shares had been paid, a sum equivalent to the face-value of those shares, and  (b) \tif the full amount of the value of the shares had not been paid, a sum equivalent to the amount actually paid on account of such shares. (2) Acceptance by a shareholder of a dissolved company of the compensation payable under sub-section (1) shall operate as full and complete discharge of such shareholder from any obligations in respect of the debts and liabilities of such company. (3) If a shareholder declines to accept the compensation payable in respect of his shares under sub-section (1), he shall be entitled to such compensation or, as the case may be, be liable to make such contribution, according as, after assessment of the dissolved company, the value of the assets exceeds or falls short of the liabilities as he would have been entitled or liable had the dissolved company been wound up under the Companies Act, 1913 (VII of 1913).", "name": "Compensation", "related_acts": "", "section_id": 8 }, { "act_id": 499, "details": "8. (1) The Government-owned Newspapers (Management) Ordinance, 1975 (XXXIV of 1975), hereinafter referred to as the said Ordinance, is hereby repealed. (2) Notwithstanding such repeal, any Board constituted, any appointment made, anything done or any action taken under any provision of the said Ordinance shall, in so far as it is not inconsistent with any provision of this Act, be deemed to have been constituted, appointed, done or taken, as the case may be, under the corresponding provision of this Act. (3) For the removal of doubts it is hereby declared that the Janata Printing and Packaging Limited purported to have been dissolved by the said Ordinance shall be deemed never to have been so dissolved.", "name": "Repeal and savings", "related_acts": "", "section_id": 9 } ], "text": "An Act to provide for the management and development of Government-owned newspapers and for the dissolution of certain companies established mainly for carrying on the business of publication of newspapers and printing. WHEREAS it is expedient to provide for the management and development of Government-owned newspapers, for the dissolution of certain companies established mainly for carrying on the business of publication of newspapers and printing and for matters ancillary thereto; It is hereby enacted as follows:-" }

{ "id": 500, "lower_text": [], "name": "The Appropriation Act, 1975", "num_of_sections": 3, "published_date": "21st July, 1975", "related_act": [ 500, 486 ], "repelled": false, "sections": [ { "act_id": 500, "details": "1. This Act may be called the Appropriation Act, 1975.", "name": "Short title", "related_acts": "500", "section_id": 1 }, { "act_id": 500, "details": "2. In addition to the sum of Taka six hundred five crores, sixty-four lakhs and thirty-six thousand authorised to be withdrawn and appropriated under the Appropriation (Vote on Account) Act, 1975 (Act No. V of 1975), there may be paid and applied from and out of the Consolidated Fund sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of Taka three thousand twenty-eight crores, twenty-one lakhs and eighty-five thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1976, in respect of the services and purposes specified in column 2 of the Schedule.", "name": "Issue of Tk. 3028,21,85,000 out of the Consolidated Fund for the year 1975-76, in addition to the sum, already authorised to be withdrawn for that year", "related_acts": "486", "section_id": 2 }, { "act_id": 500, "details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirtieth day of June, 1976.", "name": "Appropriation", "related_acts": "", "section_id": 3 } ], "text": "An Act to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1976. WHEREAS it is expedient to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1976; It is hereby enacted as follows:-" }

{ "id": 501, "lower_text": [], "name": "The Government of Bangladesh (Services) (Repeal) Ordinance, 1975", "num_of_sections": 2, "published_date": "22nd August, 1975", "related_act": [ 501 ], "repelled": false, "sections": [ { "act_id": 501, "details": "1. This Ordinance may be called the Government of Bangladesh (Services) (Repeal) Ordinance, 1975.", "name": "Short title", "related_acts": "501", "section_id": 1 }, { "act_id": 501, "details": "2. The Government of Bangladesh (Services) Order, 1972 (P.O. No. 9 of 1972), is hereby repealed.", "name": "Repeal of P.O. No. 9 of 1972", "related_acts": "", "section_id": 2 } ], "text": "An Ordinance to repeal the Government of Bangladesh (Services) Order, 1972. WHEREAS it is expedient to repeal the Government of Bangladesh (Services) Order, 1972 (P.O. No. 9 of 1972); AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render immediate action necessary; NOW, THEREFORE, in pursuance of the Proclamation of the 20th August, 1975, and in exercise of the powers conferred by clause (1) of article 93 of the Constitution of the People’s Republic of Bangladesh, the President is pleased to make and promulgate the following Ordinance :-" }