act
dict |
|---|
{
"id": 502,
"lower_text": [],
"name": "The District Administration (Repeal) Ordinance, 1975",
"num_of_sections": 2,
"published_date": "27th August, 1975",
"related_act": [
502
],
"repelled": false,
"sections": [
{
"act_id": 502,
"details": "1. This Ordinance may be called the District Administration (Repeal) Ordinance, 1975.",
"name": "Short title",
"related_acts": "502",
"section_id": 1
},
{
"act_id": 502,
"details": "2. The District Administration Act, 1975 (VI of 1975), is hereby repealed.",
"name": "Repeal of Act VI of 1975",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the District Administration Act, 1975. WHEREAS it is expedient to repeal the District Administration Act, 1975 (VI of 1975); 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:-"
} |
{
"id": 503,
"lower_text": [
"1 Section 2 was substituted by section 2 of the Government Servants (Review of Penalties) (Amendment) Ordinance, 1975 (Ordinance No. LVIII of 1975)",
"2 Section 3A was inserted by section 3 of the Government Servants (Review of Penalties) (Amendment) Ordinance, 1975 (Ordinance No. LVIII of 1975)",
"3 Section 5A was inserted by section 4 of the Government Servants (Review of Penalties) (Amendment) Ordinance, 1975 (Ordinance No. LVIII of 1975)",
"4 Section 6A was added by section 2 of the Government Servants (Review of Penalties) (Amendment) Ordinance, 1977 (Ordinance No. XXXVII of 1977)"
],
"name": "The Government Servants (Review of Penalties) Ordinance, 1975",
"num_of_sections": 9,
"published_date": "2nd September, 1975",
"related_act": [
86,
503
],
"repelled": false,
"sections": [
{
"act_id": 503,
"details": "1. This Ordinance may be called the Government Servants (Review of Penalties) Ordinance, 1975.",
"name": "Short title",
"related_acts": "503",
"section_id": 1
},
{
"act_id": 503,
"details": "12. In this Ordinance, “Review Board” means the Review Board constituted under section 3A.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 503,
"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, or in any rules, regulations, contract or terms or conditions of service.",
"name": "Ordinance to override other laws, etc.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 503,
"details": "23A. (1) The Government shall constitute a Review Board for the purposes of this Ordinance. (2) The Review Board shall consist of three members, of whom two shall be persons who are or have been Judges of the Supreme Court and the other shall be a person who is or has been a senior officer in the service of the Republic, and they shall be appointed by the Government. (3) The Government shall appoint one of the members of the Review Board who is or has been a Judge of the Supreme Court to be its Chairman. (4) In this section, “Supreme Court” includes a Court which at any time before the commencement of the Constitution of the People's Republic of Bangladesh exercised jurisdiction as a High Court in the territory of Bangladesh.",
"name": "Review Board",
"related_acts": "",
"section_id": 4
},
{
"act_id": 503,
"details": "4. Any person who was aggrieved by any order passed under Martial Law Regulation No. 58 of 1969, or by any order or declaration passed or made under the Government of Bangladesh (Services) Order, 1972 (P.O. No. 9 of 1972), may, within sixty days from the date of commencement of this Ordinance, apply in writing to the Review Board for review of such order or declaration.",
"name": "Application for review",
"related_acts": "",
"section_id": 5
},
{
"act_id": 503,
"details": "5. On receipt of an application under section 4, the Review Board shall examine the records of the case in which the order or declaration, the review of which is applied for, was passed or made and hear the applicant, and make to the President any one of the following recommendations, namely:- (a)\trejection of the application; (b) \tcancellation of the order or declaration, the review of which is applied for; (c) \tmodification of the order, the review of which is applied for.",
"name": "Procedure of Review Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 503,
"details": "35A. (1) The Review Board may, if it considers necessary for the purpose of review of any order or declaration, examine any person or require any person to produce any record, document or other material in his possession or control for its examination. (2) The Review Board shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), for the purpose of- (a)\tenforcing the attendance of any person for examining him; and (b) \tcompelling the production of any record, document and other material.",
"name": "Powers of Review board",
"related_acts": "86",
"section_id": 7
},
{
"act_id": 503,
"details": "6. On receipt of the recommendations of the Review Board, the President may pass such order as he deems fit, and the order of the President shall be final.",
"name": "Order of President",
"related_acts": "",
"section_id": 8
},
{
"act_id": 503,
"details": "46A. (1) Notwithstanding anything contained in this Ordinance, as soon as may be, after the commencement of the Government Servants (Review of Penalties) (Amendment) Ordinance, 1977 (XXXVII of 1977), the Government shall constitute a Review Committee in each Ministry for the purpose of reviewing orders and declarations passed or made against persons who were or, but for such orders or declarations, would be non-gazetted officers or employees of that Ministry or of any office or Directorate under it or who were or, but for such orders or declarations, would be officers or employees of any corporation or institution under it holding a status equivalent to that of a non-gazetted Government officer or employee. (2) A Review Committee shall consist of a Chairman and two other members to be appointed by the Government from among officers of the Ministry concerned: Provided that the Chairman shall not be an officer below the rank of a Joint Secretary. (3) The Review Committee shall exercise the same powers and follow the same procedure as are exercised and followed by the Review Board. (4) A Review Committee shall make its recommendations to the Minister or Adviser in charge of the Ministry concerned who may, on receipt of the recommendations, pass such order as he deems fit, and his order shall be final. (5) On the constitution of Review Committee in a Ministry,- (a) \tall applications pending before the Review Board immediately before such constitution filed by persons mentioned in sub-section (1) shall stand transferred to that Review Committee for disposal; and (b) \tall recommendations made to the President by the Review Board in respect of the applications filed by such persons on which the President passed no orders before such constitution shall stand transferred to the Minister or Adviser in charge of that Ministry, who may pass such orders thereon as he deems fit, and his orders shall be final.",
"name": "Review Committees and procedure thereof",
"related_acts": "",
"section_id": 9
}
],
"text": "An Ordinance to provide for the review of orders imposing penalties upon some Government servants and Corporation employees under certain laws. WHEREAS it is expedient to provide for the review of orders imposing penalties upon some Government servants and Corporation employees under Martial Law Regulation No. 58 of 1969 and 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:-"
} |
{
"id": 504,
"lower_text": [],
"name": "The Gandhi Ashram (Board of Trustees) Ordinance, 1975",
"num_of_sections": 14,
"published_date": "4th October, 1975",
"related_act": [
504
],
"repelled": true,
"sections": [
{
"act_id": 504,
"details": "1. This Ordinance may be called the Gandhi Ashram (Board of Trustees) Ordinance, 1975.",
"name": "Short title",
"related_acts": "504",
"section_id": 1
},
{
"act_id": 504,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Trustees of the Gandhi Ashram constituted under section 3; (b) \t“Chairman” means the Chairman of the Board; (c) \t“Gandhi Ashram” means the Gandhi Ashram at Jayag in the district of Noakhali; (d) \t“prescribed” means prescribed by rules or regulations made under this Ordinance; (e) \t“Trustee” means a Trustee of the Board. 3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, constitute a Board to be called the Board of Trustees of the Gandhi Ashram. (2) The Board 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. (3) The head office of the Board shall be at Jayag in the district of Noakhali or at such other place as the Government may, by notification in the official Gazette, specify.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 504,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, constitute a Board to be called the Board of Trustees of the Gandhi Ashram. (2) The Board 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. (3) The head office of the Board shall be at Jayag in the district of Noakhali or at such other place as the Government may, by notification in the official Gazette, specify.",
"name": "Constitution of the Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 504,
"details": "4. (1) The Board shall consist of a Chairman and six other Trustees to be appointed by the Government. (2) The Chairman and the other Trustees shall hold office for a period of three years: Provided that the Government may terminate the appointment of the Chairman or any other Trustee before the expiration of his term.",
"name": "Composition of the Board",
"related_acts": "",
"section_id": 4
},
{
"act_id": 504,
"details": "5. The functions of the Board shall be- (a)\tto administer and develop the Gandhi Ashram; (b) \tto establish vocational institutes; (c) \tto establish homes for widows, orphans and destitutes; (d) \tto provide for training in spinning, weaving, bee-keeping, pisciculture and such other subjects as would help the trainees to undertake gainful occupation; (e) \tto establish cottage industries; (f) \tto provide for Ambar Charkha; (g) \tto do such other things as would enable the people to live in peace and harmony and to be self reliant.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 504,
"details": "6. (1) The meetings of the Board shall be called by the Chairman on such dates and at such times and places as may be specified by him. (2) To constitute a quorum at a meeting of the Board, not less than three Trustees, shall be present. (3) All meetings of the Board shall be presided over by the Chairman, and, in his absence, by a Trustee authorised by him. (4) All questions at a meeting of the Board shall be decided by the majority of the Trustees present and voting, and in the event of equality of votes, the person presiding shall have a second or casting vote. (5) Proceedings of the meetings of the Board shall be recorded and maintained by the Secretary and circulated by him among the trustees within a month and submitted for confirmation at the next meeting of the Board.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 504,
"details": "7. (1) There shall be a Secretary of the Board who shall be appointed by the Board on such terms and conditions as the Board may determine. (2) The Board may appoint such other officers and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may determine. (3) The Secretary and the other officers and employees of the Board shall exercise such powers and perform such functions as may be prescribed or assigned by the Board.",
"name": "Appointment of Secretary and other Officers",
"related_acts": "",
"section_id": 7
},
{
"act_id": 504,
"details": "8. (1) The funds of the Board shall comprise- (a)\tgrants from the Government; (b) \tgrants or donations from any foreign Government, institution or organisation; (c) \tdonations and endowments; (d) \treceipts from any institute or training centre maintained by it; and (e) \tincome from sale of goods produced in the Gandhi Ashram. (2) The funds of the Board shall be kept in any bank, and its bank account shall be operated by such trustee or officer as it may specify.",
"name": "Funds of the Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 504,
"details": "9. (1) The Board shall keep proper accounts of all moneys received and expended by it. (2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of Bangladesh.",
"name": "Audit and account",
"related_acts": "",
"section_id": 9
},
{
"act_id": 504,
"details": "10. (1) The Board shall submit to the Government an annual report on the conduct of its affairs. (2) The Government may require the Board to furnish any report, statement or information regarding any matter under the control of the Board, and the Board shall comply with such requisition.",
"name": "Submission of reports, etc.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 504,
"details": "11. The Board may, by general or special order, 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 the Secretary or by such Trustee or officer of the Board as may be so specified.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 11
},
{
"act_id": 504,
"details": "12. The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 12
},
{
"act_id": 504,
"details": "13. The Board may, with the previous approval of the Government, make regulations, not inconsistent with this Ordinance 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 Ordinance.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 13
},
{
"act_id": 504,
"details": "14. (1) Notwithstanding anything contained in any other law for the time being in force, or in any agreement, deed or other instrument, upon the constitution of the Board- (a)\tthe Ambika-Kaliganga Charitable Trust created by Mr. Hemanta Kumar Ghose by a deed of trust dated the 5th of June, 1949 (hereinafter referred to as the trust deed) shall stand extinguished; (b) \tthe Gandhi Ashram, together with all lands, buildings and other properties, movable or immovable, and funds belonging to it, and all lands and buildings described in the trust deed and all other properties, movable or immovable, funds, rights and powers which, immediately before the constitution of the Board, were vested in or held by the trustees of the said Ambika-Kaliganga Charitable Trust shall stand transferred to and vest in the Board; (c) \tall debts, liabilities and obligations of the Gandhi Ashram, and of the trustees of the said Ambika-Kaliganga Charitable Trust, subsisting immediately before the constitution of the Board shall stand transferred to the Board. (2) The Government may, for the purpose of removing any difficulty in relation to the transfer and 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 Ordinance.",
"name": "Extinction of the Ambika-Kaliganga Charitable Trust",
"related_acts": "",
"section_id": 14
}
],
"text": "An Ordinance to provide for the constitution of a Board of Trustees for the better administration and development of the Gandhi Ashram at Jayag in the district of Noakhali. WHEREAS it is expedient to provide for the constitution of a Board of Trustees for the better administration and development of the Gandhi Ashram at Jayag in the district of Noakhali and for matters 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 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:-"
} |
{
"id": 505,
"lower_text": [],
"name": "The Jatiya Rakkhi Bahini (Absorption in the Army) Ordinance, 1975",
"num_of_sections": 8,
"published_date": "9th October, 1975",
"related_act": [
505
],
"repelled": false,
"sections": [
{
"act_id": 505,
"details": "1. (1) The Ordinance may be called the Jatiya Rakkhi Bahini (Absorption in the Army) Ordinance, 1975. (2) It shall be deemed to have come into force on the 3rd day of September,1975.",
"name": "Short title and commencement",
"related_acts": "505",
"section_id": 1
},
{
"act_id": 505,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Bahini” means the Jatiya Rakkhi Bahini constituted under the Order; (b) \t“commencement of this Ordinance” means the 3rd day of September, 1975; (c) \t“member of the Bahini” means a person appointed or enrolled in the Bahini under the Order; (d) \t“Order” means the Jatiya Rakkhi Bahini Order, 1972 (P.O. No. 21 of 1972).",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 505,
"details": "3. The provisions of this Ordinance and any order made thereunder shall have effect notwithstanding anything contained in the Order or in any other law for the time being in force, or in any contract, agreement, document or other instrument.",
"name": "Ordinance to override other laws, etc.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 505,
"details": "4. On the commencement of this Ordinance,- (a)\tall members of the Bahini, who are willing to serve in the Bangladesh Army and found suitable in all respects for such service, shall be appointed in the Bangladesh Army on such terms and conditions as the Government may determine; (b) \tall rights and assets and all property, movable or immovable, cash and bank balances, funds, arms, ammunition, explosives, wireless sets, equipment, stores, vehicles, vessels, and work shops, and all rights and interests in or arising out of such property, of the Bahini shall be transferred to the Bangladesh Army, or to such other Defence Service or branch thereof, in such manner as the Government may, by order, specify; (c)\tall debts, obligations and liabilities incurred, all contracts entered into, all agreements made, and all matters and things engaged to be done, by, with or for the Bahini shall be deemed to have been incurred, entered into, made or engaged to be done by, with or for the Bangladesh Army or such other Defence Service or branch thereof as the Government may, by order, specify; (d) \tall deeds, bonds, agreements, powers of attorney, documents and other instruments of whatever nature to which the Bahini is a party or which are in favour of the Bahini shall be enforceable and of effect by, against or in favour of the Bangladesh Army or such other Defence Service or branch thereof as the Government may, by order, specify as if in place of the Bahini the Bangladesh Army or the Defence Service or branch thereof specified in the order had been named therein; (e) \tall budget grants made and sums sanctioned for the Bahini shall be deemed to be budget grants made and sums sanctioned for the Bangladesh Army; (f) \tall projects and schemes of the Bahini shall be deemed to be projects and schemes of the Bangladesh Army; (g) \tall suits and other legal proceedings by or against the Bahini shall be deemed to be suits and proceedings by or against the Bangladesh Army and may be proceeded or otherwise dealt with accordingly.",
"name": "Absorption of members of the Bahini in the Army",
"related_acts": "",
"section_id": 4
},
{
"act_id": 505,
"details": "5. As soon as may be after action under clauses (a) and (b) of section 4 has been taken and the accounts of the Bahini have been audited, the Government shall, by notification in the official Gazette appoint a date on which the Bahini Organisation shall stand abolished.",
"name": "Abolition of Bahini Organisation",
"related_acts": "",
"section_id": 5
},
{
"act_id": 505,
"details": "6. On the abolition of the Bahini Organisation under section 5, the Order shall stand repealed.",
"name": "Repeal of the Order",
"related_acts": "",
"section_id": 6
},
{
"act_id": 505,
"details": "7. (1) The Director-General of the Bahini shall, for the purpose of giving effect to the provisions of clauses (a) and (b) of section 4 and abolition of the Bahini Organisation, take such steps as he deems necessary or as the Government may direct. (2) The Government shall make available to the Director-General such staff and fund as may be necessary for the discharge of his functions under this Ordinance.",
"name": "Responsibility of Director-General",
"related_acts": "",
"section_id": 7
},
{
"act_id": 505,
"details": "8. If any difficulty arises in giving effect to the provisions of this Ordinance, the Government may, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty, and any such order shall be deemed to be, and given effect to as, part of the provisions of this Ordinance.",
"name": "Removal of difficulties",
"related_acts": "",
"section_id": 8
}
],
"text": "An Ordinance to provide for the absorption of the members of the Jatiya Rakkhi Bahini in the Bangladesh Army. WHEREAS it is expedient to provide for the absorption of the members of the Jatiya Rakkhi Bahini in the Bangladesh Army 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 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:-"
} |
{
"id": 506,
"lower_text": [],
"name": "The Bidi Manufacture (Prohibition) Ordinance, 1975",
"num_of_sections": 5,
"published_date": "20th December, 1975",
"related_act": [
506
],
"repelled": false,
"sections": [
{
"act_id": 506,
"details": "1. This Ordinance may be called the Bidi Manufacture (Prohibition) Ordinance, 1975.",
"name": "Short title",
"related_acts": "506",
"section_id": 1
},
{
"act_id": 506,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“bidi” means a small cylinder of cut tobacco rolled for smoking in kumbhi leaf, tendu leaf or leaf of any other plant but does not include cut tobacco rolled in paper; (b) \t“kumbhi leaf” means the leaf used for manufacture of bidi and is commonly known as kumbhi leaf; (c) \t“tendu leaf” means the leaf used for the manufacture of bidi and is commonly known as tendu leaf.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 506,
"details": "3. No person in Bangladesh shall, after the commencement of this Ordinance,- (a)\tmanufacture bidi or engage in any trade or occupation involving or connected with the manufacture of bidi; or (b) \tcultivate, grow or tend kumbhi leaf or tendu leaf; or (c) \tstore or otherwise keep in his possession or custody, for any purpose whatsoever, any bidi or kumbhi leaf or tendu leaf.",
"name": "Bidi manufacture prohibited, etc.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 506,
"details": "4. All contracts, agreements or other commercial arrangements for manufacture, sale or other transaction in relation to bidi, and all leases of lands, contracts and other agreements for the cultivation, growing and tending of kumbhi leaf, entered into or made before the commencement of this Ordinance, shall, notwithstanding anything contained in any law for the time being in force, stand annulled, and no claim for any compensation shall lie for any loss due to such annulment.",
"name": "Certain transactions annulled",
"related_acts": "",
"section_id": 4
},
{
"act_id": 506,
"details": "5. (1) Whoever contravenes any provision of this Ordinance shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand taka, or with both. (2) Where a person is convicted of an offence punishable under sub-section (1), the court passing the sentence may direct that the bidi, kumbhi leaf or tendu leaf in respect of which the provision of this Ordinance has been contravened be forfeited to the Government and destroyed by fire. (3) If the person contravening any provision of this Ordinance is a company or other body corporate, every director, manager, secretary or other officer or agent thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised due diligence to prevent such contravention, be deemed to be guilty of such contravention.",
"name": "Penalty",
"related_acts": "",
"section_id": 5
}
],
"text": "An Ordinance to prohibit manufacture of bidi in Bangladesh. WHEREAS it is expedient to prohibit manufacture of bidi in Bangladesh and to provide for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 507,
"lower_text": [],
"name": "The Bangladesh Government Hats and Bazars (Management) (Repeal) Ordinance, 1975",
"num_of_sections": 2,
"published_date": "22nd December, 1975",
"related_act": [
507
],
"repelled": false,
"sections": [
{
"act_id": 507,
"details": "1. This Ordinance may be called the Bangladesh Government Hats and Bazars (Management) (Repeal) Ordinance, 1975.",
"name": "Short title",
"related_acts": "507",
"section_id": 1
},
{
"act_id": 507,
"details": "2. (1) The Bangladesh Government Hats and Bazars (Management) Order, 1972 (P.O. No. 73 of 1972), hereinafter referred to as the said Order, is hereby repealed. (2) All moneys and funds, whether in any account or otherwise, which immediately before the repeal under sub-section (1), were, for the purposes of the said Order, in the possession or under the control of a Committee constituted under Article 5 of that Order shall stand transferred to and vest in the Government.",
"name": "Repeal, etc.",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the Bangladesh Government Hats and Bazars (Management) Order, 1972. WHEREAS it is expedient to repeal the Bangladesh Government Hats and Bazars (Management) Order, 1972 (P.O. No. 73 of 1972); NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975 and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 508,
"lower_text": [],
"name": "The Registration (Extension of Limitation) Ordinance, 1975",
"num_of_sections": 2,
"published_date": "23rd December, 1975",
"related_act": [
90,
508
],
"repelled": false,
"sections": [
{
"act_id": 508,
"details": "1. This Ordinance may be called the Registration (Extension of Limitation) Ordinance, 1975.",
"name": "Short title",
"related_acts": "508",
"section_id": 1
},
{
"act_id": 508,
"details": "2. Where the period within which any document already presented for registration but could not be admitted to registration or any appeal or application already filed but could not be disposed of, by a Sub-Registrar or Registrar under any provision of the Registration Act, 1908 (XVI of 1908) expired at any time after the 1st day of March, 1971 and before the 1st day of March, 1972, such document, appeal or application may be registered or disposed of, notwithstanding anything contained in that Act or in any other law for the time being in force, within eight months from the date of commencement of this Ordinance.",
"name": "Extension of limitation for registration of documents and for disposal of appeals and applications under the Registration Act, 1908",
"related_acts": "90",
"section_id": 2
}
],
"text": "An Ordinance to extend the period of limitation in certain cases for registration of documents and for disposal of appeals and applications under the Registration Act, 1908. WHEREAS it is expedient to extend the period of limitation in certain cases for registration of documents and for disposal of appeals and applications under the Registration Act, 1908 (XVI of 1908); NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 509,
"lower_text": [],
"name": "The Universities Laws Amendment Ordinance, 1975",
"num_of_sections": 2,
"published_date": "26th December, 1975",
"related_act": [
509
],
"repelled": false,
"sections": [
{
"act_id": 509,
"details": "1. (1) This Ordinance may be called the Universities Laws Amendment Ordinance, 1975. (2) It shall be deemed to have come into force on the 16th day of December, 1972.",
"name": "Short title and commencement",
"related_acts": "509",
"section_id": 1
},
{
"act_id": 509,
"details": "2. The laws relating to the Universities specified in the Schedule shall be amended to the extent and in the manner specified in the fourth column thereof.",
"name": "Amendment of the Universities laws",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to amend the laws relating to Universities. WHEREAS it is expedient to amend the laws relating to Universities for the purposes hereinafter appearing; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 511,
"lower_text": [
"1 Clause (n) was substituted by section 2 of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"2 Section 7A was inserted by section 3 of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"3 Section 8 was substituted by section 4 of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"4 Section 9 was substituted by section 2 of the Dacca Metropolitan Police (Amendment) Ordinance, 1979 (Ordinance No. XV of 1979)",
"5 The commas and words “, or any other superior officer authorised by him in this behalf,” were omitted by section 6 of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"6 Sub-section (1A) was inserted by section 6 of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"7 Section 19A was inserted by section 7 of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"8 The words and commas “shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both, and such vehicle shall be liable to be confiscated to the Government” were substituted for the words “shall be punishable with fine which may extend to two hundred taka” by section 3 of the Dacca Metropolitan Police (Amendment) Ordinance, 1984 (Ordinance No. XXIV of 1984)",
"9 Section 72A was inserted by section 4 of the Dacca Metropolitan Police (Amendment) Ordinance, 1984 (Ordinance No. XXIV of 1984)",
"10 Section 93A was inserted by section 8 of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"11 Section 103A was inserted by section 9 of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)",
"12 Section 105A was inserted by section 10 of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976)"
],
"name": "The Dhaka Metropolitan Police Ordinance, 1976",
"num_of_sections": 115,
"published_date": "20th January, 1976",
"related_act": [
354,
75,
12,
159
],
"repelled": false,
"sections": [
{
"act_id": 511,
"details": "1. (1) This Ordinance may be called the Dhaka Metropolitan Police Ordinance,1976. (2) It extends to the Dhaka Metropolitan Area. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "",
"section_id": 1
},
{
"act_id": 511,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context, - (a)\t“cattle” includes elephants, horses, asses, mules, sheep, goats and swine; (b)\t“Code” means the Code of Criminal Procedure, 1898 (V of 1898); (c)\t“Dhaka Metropolitan Area” or “Metropolitan Area” means the area described in Schedule I; (d)\t“Force” means the Dhaka Metropolitan Police constituted under this Ordinance; (e)\t“Inspector-General” means the Inspector-General of Police appointed under the Police Act, 1861 (V of 1861); (f)\t“place” includes a building, tent, booth, enclosure or any other erection, whether permanent or temporary; (g)\t“place of public amusement” means any place where music, singing, dancing or any game or diversion, or the means of carrying on the same, is provided and to which the public are admitted, either on payment of money or with the intention that money may be collected from those admitted, and includes a race course, circus, theatre, cinema, music-hall, billiard-room, gymnasium, swimming pool or dancing-hall; (h)\t“place of public entertainment” means any place in which the public are admitted and where any kind of food, drink or intoxicating drug is supplied for consumption, and includes a lodging-house, boarding house, residential hotel, refreshment room, eating house, tea shop, liquor house, hotel, restaurant, ganja shop, bhang shop and opium shop; (i)\t“Police Commissioner”, “Additional Police Commissioner”, “Deputy Police Commissioner” and “Assistant Police Commissioner” shall mean respectively the Police Commissioner, an Additional Police Commissioner, a Deputy Police Commissioner and an Assistant Police Commissioner appointed under section 7; (j)\t“police-officer” means any member of the Force appointed under this Ordinance and includes an auxiliary police-officer appointed under section 10 or any member of any other police-force discharging, for the time being, any duties under this Ordinance; (k)\t“prescribed” means prescribed by rules made under this Ordinance; (l) \t“public place” includes a bank of a river or canal, a jetty, public building or monument and the precincts thereof, and all places accessible to the public for drawing water, washing or bathing or for the purpose of recreation; (m)\t“street” includes any road, lane, footway, square, court, alley or passage whether a thoroughfare or not, to which the public have, temporarily or permanently, a right of access; 1(n) \t“subordinate officer” means any of the officers of the Force mentioned in section 7A; (o)\t“superior officer” means the Police Commissioner, and Additional Police Commissioner, a Deputy Police Commissioner and an Assistant Police Commissioner; (p)\t“vehicle” means any carriage, cart, van, truck, handcart, bicycle, tricycle, motor cycle, rickshaw or any other wheeled conveyance of any description capable of being used on the street.",
"name": "Definitions",
"related_acts": "75,12",
"section_id": 2
},
{
"act_id": 511,
"details": "3. The Police Act, 1861 (V of 1861), shall not apply to the Dhaka Metropolitan Area.",
"name": "Act V of 1861 not to apply",
"related_acts": "12",
"section_id": 3
},
{
"act_id": 511,
"details": "4. Notwithstanding anything contained in the Code, the Dhaka Metropolitan Area shall not, unless otherwise provided by or under this Ordinance, be under the charge of any District Magistrate for any of the purposes of this Ordinance.",
"name": "Jurisdiction of District Magistrate barred in certain cases",
"related_acts": "",
"section_id": 4
},
{
"act_id": 511,
"details": "5. (1) There shall be a separate police-force for the Dhaka Metropolitan Area to be called the Dhaka Metropolitan Police. (2) The Force shall consist of such number of officers in the several ranks and shall be constituted in such manner and shall have such organisation as the Government may from time to time direct.",
"name": "Constitution of the Force",
"related_acts": "",
"section_id": 5
},
{
"act_id": 511,
"details": "6. The superintendence of the Force shall vest in the Government.",
"name": "Superintendence of the Force",
"related_acts": "",
"section_id": 6
},
{
"act_id": 511,
"details": "7. (1) The Government shall appoint a Police Commissioner who shall, subject to the control of the Inspector-General, exercise such powers and perform such duties as are or may be provided by or under this Ordinance. (2) The Government may appoint one or more Additional Police Commissioners, Deputy Police Commissioners and Assistant Police Commissioners who shall assist the Police Commissioner in the exercise of his powers and performance of his duties and shall exercise such of the powers and perform such of the duties of the Police Commissioner as may be delegated to them by the Police Commissioner by general or special order. (3) The Police Commissioner, an Additional Police Commissioner, a Deputy Police Commissioner and an Assistant Police Commissioner shall be appointed in such manner and on such terms and conditions as the Government may from time to time determine.",
"name": "Police Commissioner, Additional Police Commissioners, Deputy Police Commissioners and Assistant Police Commissioners",
"related_acts": "",
"section_id": 7
},
{
"act_id": 511,
"details": "27A. There may be all or any of the following classes of subordinate officers of the Force, who shall take rank in the order mentioned, namely:- (a)\tInspector, (b)\tSub-Inspector, (c)\tSergeant, (d) \tAssistant Sub-Inspector, (e) \tHead Constable, (f) \tNaik, (g)\tConstable.",
"name": "Classes and ranks of subordinate officers",
"related_acts": "",
"section_id": 8
},
{
"act_id": 511,
"details": "38. (1) The appointment of Inspectors shall be made by the Police Commissioner and the appointment of all other subordinate officers shall be made by such superior officer not below the rank of Deputy Police Commissioner as the Police Commissioner may, by order in writing, specify in this behalf. (2) The appointment of subordinate officers shall be made in such manner and on such terms and conditions as may be prescribed. (3) Every subordinate officer shall, on appointment, receive a certificate in the form set out in Schedule II under the seal and signature of the Police Commissioner or of the superior officer making the appointment. (4) A certificate of appointment shall be cancelled whenever the person named therein ceases to belong to the Force and shall remain inoperative during the period of his suspension from the Force.",
"name": "Appointment of subordinate officers",
"related_acts": "",
"section_id": 9
},
{
"act_id": 511,
"details": "49. Notwithstanding anything contained in this Ordinance or in the Police Act, 1861 (V of 1861), or in any other law for the time being in force, the Government or the Inspector-General may transfer a police-officer appointed under this Ordinance to the police-force constituted under the Police Act, 1861 (V of 1861), and a police-officer appointed under the Police Act, 1861 (V of 1861), to the police-force constituted under this Ordinance, and on such transfer the provisions of the law under which the police-force to which the police-officer is transferred has been constituted shall mutatis mutandis apply to him: Provided that no police-officer so transferred shall be dismissed, removed or reduced in rank by an authority subordinate to that by which he was appointed.",
"name": "Transfer",
"related_acts": "12,12,12",
"section_id": 10
},
{
"act_id": 511,
"details": "10. (1) The Police Commissioner may appoint any person to be an auxiliary police-officer to assist the Force on any occasion when he is of opinion that the Force is in need of such assistance. (2) Every auxiliary police-officer shall, on appointment,- (a)\treceive a certificate in the form set out in Schedule II; (b)\thave the same powers and immunities, be liable to perform the same duties, be amenable to the same penalties and be subject to the same authority as any other police-officer.",
"name": "Auxiliary Police-Officer",
"related_acts": "",
"section_id": 11
},
{
"act_id": 511,
"details": "11. The Police Commissioner may, from time to time, make such orders, not inconsistent with any provision of this Ordinance, as he deems expedient relating to- (a)\tthe inspection of the Force; (b)\tthe collection and communication by police-officers of information and intelligence; (c) the description and quantity of arms, accoutrements, clothing and other necessaries to be supplied to the Force; (d)\tthe places of residence of members of the Force; (e)\tthe institution, management and regulation of any fund for any purpose connected with administration and welfare of the Force; (f)\tthe duties to be performed by police-officers of different ranks and the manner in which and the conditions subject to which police-officers shall exercise their powers and perform their duties; (g)\tthe efficiency and discipline of the Force; (h)\tthe prevention of abuse of powers and neglect of duties by police-officers.",
"name": "Power of Police Commissioner to make orders for administration of the Force",
"related_acts": "",
"section_id": 12
},
{
"act_id": 511,
"details": "12. (1) Subject to the provisions of Article 135 of the Constitution and such rules as may be made by the Government in this behalf, the Police Commissioner 5* * * may, by order in writing stating reasons therefor, award any one or more of the following punishments to any subordinate officer whom he finds to be guilty of disobedience, breach of discipline, misconduct, corruption, neglect of duty or remissness in discharge of any duty, or of any act rendering him unfit for the discharge of his duty, 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 one month; (h) \tforfeiture of increment in pay; (i)\tfine to any amount not exceeding one month's pay; (j)\tconfinement to quarter-guard for a term not exceeding thirty days; (k)\tconfinement to police lines for a term not exceeding thirty days with extra drill, extra guard, fatigue or other duty; (l)\tcensure. 6(1A) The power of punishment conferred on the Police Commissioner by sub-section (1) may also be exercisable, in the case of any subordinate officer other than an Inspector, by any superior officer not below the rank of Deputy Police Commissioner. (2) The Police Commissioner, or any other superior officer authorised by him in this behalf, may place under suspension any subordinate officer against whom action under sub-section (1) is required to be taken or against whom any inquiry is required to be made. (3) Nothing in sub-section (1) shall affect any police-officer's liability to a criminal prosecution or any offence with which he may be charged. (4) Omitted by section 6 of the Dacca Metropolitan Police (Amendment) Ordinance, 1976 (Ordinance No. LXIX of 1976).",
"name": "Punishment to Subordinate Officers",
"related_acts": "",
"section_id": 13
},
{
"act_id": 511,
"details": "13. (1) Every police-officer not on leave or under suspension shall be deemed to be always on duty. (2) Notwithstanding anything contained in this Ordinance, every police-officer may, if the Inspector-General so directs, at any time, be employed on police duty in any place outside the Metropolitan Area.",
"name": "Police-officers to be deemed always on duty",
"related_acts": "",
"section_id": 14
},
{
"act_id": 511,
"details": "14. No subordinate officer shall resign his office or withdraw himself from the duties thereof except with the written permission of the Police Commissioner.",
"name": "Resignation of Subordinate Officers",
"related_acts": "",
"section_id": 15
},
{
"act_id": 511,
"details": "15. It shall be the duty of every police-officer- (a)\tpromptly to serve every summons and obey and execute every warrant or other order lawfully issued to him by competent authority, and to endeavour by all lawful means to give effect to the lawful commands of his superiors; (b)\tto the best of his ability to obtain intelligence concerning the commission of cognizable offences or designs to commit such offences, and to lay such information and to take such other steps, consistent with law and the orders of his superiors, as are best calculated to bring offenders to justice or to prevent the commission of cognizable offences, or the commission of non-cognizable offences within his view; (c)\tto the best of his ability to prevent the commission of public nuisances; (d)\tto apprehend without unreasonable delay all persons whom he is legally authorised to apprehend and for whose apprehension there is sufficient reason; (e)\tto aid another police-officer, when called on by him or in case of need in the discharge of his duty, in such ways as would be lawful and reasonable on the part of the officer aided; (f)\tto discharge such duties as are imposed upon him by any law for the time being in force.",
"name": "General duties of Police-officers",
"related_acts": "",
"section_id": 16
},
{
"act_id": 511,
"details": "16. It shall be the duty of every police-officer- (a)\tto afford every assistance within his power to disabled or helpless persons in the streets, and to take charge of intoxicated persons and of lunatics at large who appear to be dangerous or incapable of taking care of themselves; (b)\tto take prompt measures to procure necessary help for any person under arrest or in custody who is wounded or sick, and, while guarding or conducting any such person, to have due regard to his condition; (c)\tto arrange for the proper sustenance and shelter of every person who is under arrest or in custody; (d)\tin conducting searches, to refrain from needless rudeness and the causing of unnecessary annoyance; (e)\tin dealing with women and children, to act with strict regard to decency and with reasonable gentleness; (f)\tto use his best endeavours to prevent any loss or damage by fire; (g)\tto use his endeavours to avert any accident or danger to the public.",
"name": "Duties of police-officers towards the public and arrested persons",
"related_acts": "",
"section_id": 17
},
{
"act_id": 511,
"details": "17. It shall be the duty of every police-officer- (a)\tto regulate and control the traffic in the streets; (b)\tto prevent constructions in the streets; (c)\tto the best of his ability to prevent the infraction of any rule, regulation or order made under this Ordinance or any other law for the time being in force for observance by the public in or near the streets; (d)\tto keep order in the streets, and at and within public bathing, washing and landing places, fairs and all other places of public resort, and in the neighbourhood of places of public worship during the time of public worship; (e)\tto regulate resort to public bathing, washing and landing places, to prevent overcrowding thereat and in public ferry-boats and, to the best of his ability, to prevent the infraction of any rule, regulation or order lawfully made for observance by the public at any such place or on any such boat.",
"name": "Duties of police-officers to keep order in streets, etc.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 511,
"details": "18. All persons shall be bound to conform to the reasonable directions of a police-officer given in fulfilment of any of his duties under this Ordinance.",
"name": "Persons bound to conform to reasonable directions given by police-officers",
"related_acts": "",
"section_id": 19
},
{
"act_id": 511,
"details": "19. A police-officer may restrain or remove any person resisting or refusing or omitting to conform to any direction referred to in section 18 and may either take such person before a Magistrate or, in trivial cases, release him when the occasion is past.",
"name": "Power of Police-officers to enforce their directives",
"related_acts": "",
"section_id": 20
},
{
"act_id": 511,
"details": "719A. A police-officer may lay any information before a Magistrate and apply for any legal process as may by law issue against any person committing an offence.",
"name": "Power of police-officers to lay information, etc.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 511,
"details": "20. When in a street or a place of public resort a person has possession or apparent possession of any article which a police-officer in good faith suspects to be stolen property such police-officer may search for and examine the same and may require an account thereof, and, should the account given by the possessor be manifestly false or suspicious, may detain such article and report the facts to a Magistrate, who shall thereon proceed according to sections 523 and 525 of the Code.",
"name": "Power of police-officers to search suspected persons in streets, etc.",
"related_acts": "",
"section_id": 22
},
{
"act_id": 511,
"details": "21. Whenever a direction under section 27 has been given, or a notification under section 28 has been promulgated, or an order under section 29, 31 or 32 has been made, or a public notice under section 30 has been issued, it shall be lawful for a police-officer to require any person acting or about to act contrary thereto to desist or to abstain from so doing, and, in case of refusal or disobedience, to arrest the person offending, and such police-officer may also seize any object or thing used or about to be used in contravention of such direction, notification, order or public notice, and the thing seized shall be disposed of according to the order of the Magistrate.",
"name": "Enforcement of directions, notifications, public notices and orders given, issued or made under sections 27, 28, 29, 30, 31 or 32",
"related_acts": "",
"section_id": 23
},
{
"act_id": 511,
"details": "22. (1) It shall be the duty of every police-officer to take temporary charge- (a)\tof all unclaimed property found by, or made over to him; and (b)\tof all property found lying in any public place or street, if the owner or person in charge of such property, on being directed to remove the same, refuses or omits to do so. (2)\tA police-officer taking charge of any property under sub-section (1) shall hand over the property to the officer-in-charge of the police station concerned and report the matter to the Police Commissioner forthwith. (3)\tIf such property appears to have been left by a person who has died intestate, and not to be under five thousand taka in value, the Police Commissioner shall communicate with the Administrator-General, with a view to its being dealt with under the Administrator-General's Act, 1913 (III of 1913), or any other law for the time being in force. (4) In every other case the Police Commissioner shall issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto to appear before him or some other officer whom he appoints in this behalf and establish his claim within three months from the date of such proclamation. (5) If the property, or any part thereof, is subject to speedy and natural decay, or consists of livestock, or if the property appears to be of a value of less than five hundred taka, it may forthwith be sold by auction under the orders of the Police Commissioner and the net proceeds of such sale shall be dealt with in the same manner as is hereinafter provided for the disposal of the said property. (6) The Police Commissioner shall, on being satisfied of the title of the claimant to the possession of any property referred to in sub-section (4), order the same to be delivered to him, after deduction or payment of the expenses properly incurred by the police in the seizure and detention thereof. (7) The Police Commissioner may at his discretion, before making any order under sub-section (6), take such security as he may think proper from the person to whom the said property is to be delivered; and nothing hereinbefore contained shall affect the right of any person to recover the whole or any part of such property from the person to whom it may have been delivered pursuant to such order. (8) If no person establishes his claim to such property within the period prescribed in sub-section (4), it shall be at the disposal of the Government and the property, or such part thereof as has not already been sold under sub-section (5), may be sold by auction under orders of the Police Commissioner.",
"name": "Charge of unclaimed property and disposal thereof",
"related_acts": "",
"section_id": 24
},
{
"act_id": 511,
"details": "23. It shall be the duty of every police-officer to seize and take to any public pound for confinement therein any cattle found straying in any street or trespassing upon any public property.",
"name": "Impounding of cattle",
"related_acts": "",
"section_id": 25
},
{
"act_id": 511,
"details": "24. (1) Notwithstanding anything contained in section 153 of the Code, any police-officer generally or specially authorised by the Police Commissioner in this behalf may without warrant enter any shop or premises for the purpose of inspecting or searching for any weights or measures or instruments for weighing or measuring used or kept therein. (2) If such police-officer finds in such shop or premises weights, measures or instruments for weighing or measuring which he has reason to believe are false, he may seize the same and shall forthwith give information of such seizure to the Police Commissioner, and if such weights, measures or instruments are found by the Police Commissioner to be false, they shall be destroyed. (3) Weights and measures purporting to be of the same denomination as weights and measures, the standards whereof are kept under any law for the time being in force, shall, if they do not correspond with the said standards, be deemed to be false within the meaning of this section.",
"name": "Powers as to inspection, search and seizure of false weights and measures",
"related_acts": "",
"section_id": 26
},
{
"act_id": 511,
"details": "25. (1) The Police Commissioner may make regulations, not inconsistent with any provision of this Ordinance, for- (a)\tlicensing and controlling persons offering themselves for employment at jetties, railway stations and landing places for the carriage of passengers' baggages, and fixing and providing for the enforcement of a scale of charges for the labour of such persons when so employed; (b) \tregulating traffic of all kinds in streets and public places, and the use of streets and public places by persons riding, driving, cycling, walking or leading or accompanying cattle, so as to prevent danger, obstruction or inconvenience to the public; (c) regulating the conditions under which vehicles may remain standing in streets and public places, and the use of streets as halting places for vehicles or cattle; (d) \tprescribing the number and position of lights to be used on vehicles in streets and the hours between which such lights shall be used; (e) \tprescribing certain hours of the day during which cattle shall not be driven along the streets, or along certain specified streets, except subject to such conditions as he may specify in that behalf; (f) regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders, beams, bars, boilers or other unwieldy articles through the streets, and the route and hours for such conveyance; (g) licensing, controlling or, in order to prevent the obstruction, inconvenience or annoyance to the residents or passengers in the vicinity, prohibiting the playing of music, the beating of drums or other instruments and the blowing or sounding of horns or other noisy instruments in or near streets or public places; (h)\tregulating the conduct, behaviour or action of persons constituting assemblies and processions on or along the streets and prescribing, in the case of processions, the routes by which, the order in which and the time at which the same may pass; (i) \tprohibiting the hanging or placing of any cord or pole across a street or the making of a projection or structure so as to obstruct traffic or the free access of light and air; (j) \tprohibiting or controlling the placing of building materials or other articles or the fastening or detention of any animal in any street or public place; (k) licensing, controlling or, in order to prevent obstruction, inconvenience or annoyance to the residents or passengers in the vicinity, prohibiting- (i)\tthe illumination of streets and public places and the exteriors of buildings abutting thereon by persons other than employees of Government or of a local authority duly authorised in that behalf ; (ii) \tthe blasting of rock or making excavations in or near streets or public places; (iii) \tthe using of a loudspeaker in or near any public place or in any place of public entertainment; (l) \tclosing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause; (m)\tguarding against injury to person and property in the construction, repair and demolition of buildings, platforms and other structures from which danger may arise to the passenger, neighbour or public; (n)\tprohibiting or regulating the setting fire to or burning any straw or other matter or lighting a bonfire of letting off or throwing a firework in or upon a street or building or the putting up of any post or other thing on the side of or across a street for the purpose of affixing thereto lamps or other contrivances for illumination; (o)\tlicensing or controlling places of public amusement or entertainment; (p)\tregulating the means of entrance and exit at places of public amusement, entertainment or assembly, and providing for the maintenance of public safety and the prevention of disturbance thereat; (q)\tlicensing or controlling the musical, dancing, mimetic, theatrical or other performances for public amusement, and regulating, in the interest of public order, decency or morality, the employment of artists and the conduct of the artists and audience at such performances and the hours during which and the places at which such performances may be given; (r)\tregulating or prohibiting the sale of any ticket or issue of any pass for admission to a place of public amusement; (s)\tfixing the fees to be charged for any licence or permission required under this Ordinance. (2) The power of making regulations under this section shall be subject to the condition of the regulations being made after previous publication, and every regulation made under this section shall be published in the official Gazette and in the locality affected thereby by affixing copies thereof in conspicuous places near to the building, structure, work or place, as the case may be, to which the same specially relates or by advertising the same in such local newspapers as the Police Commissioner may deem fit: Provided that any such regulation may be made without previous publication if the Police Commissioner is satisfied that circumstances exist which render it necessary that such regulation should be brought into force at once.",
"name": "Power of Police Commissioner to make regulations",
"related_acts": "",
"section_id": 27
},
{
"act_id": 511,
"details": "26. (1) The Police Commissioner may, whenever in his opinion such action is necessary, authorise such police-officer as he thinks fit to erect barriers on any street for the purpose of stopping temporarily vehicles driven on such street and satisfy himself that the provisions of any law for the time being in force have not been contravened in respect of any such vehicle or by the driver or person in charge of such vehicle. (2) The Police Commissioner may make such orders as he deems fit for regulating the use of such barriers.",
"name": "Police Commissioner may authorise erection of barriers on streets",
"related_acts": "",
"section_id": 28
},
{
"act_id": 511,
"details": "27. The Police Commissioner, or any police-officer authorised by him in this behalf, may, from time to time as occasion may arise, give all such directions, not inconsistent with any regulation made under section 25, either orally or in writing, as may be necessary to- (a)\tsecure the orderly conduct of persons constituting processions or assemblies in streets; (b)\tprescribe the routes by which and the times at which any such procession may or may not pass; (c)\tprevent constructions on the occasion of all processions and assemblies and in the neighbourhood of all places of worship during the time of worship, and in all cases when any street or public place or place of public resort may be thronged or liable to be obstructed; (d)\tkeep order in all streets, public bathing, washing and landing places and all other public places or places of public resort; (e) regulate and control the playing of music or singing, the beating of drums and other instruments, and the blowing or sounding of horns or other noisy instruments, in or near any street or public place; (f)\tregulate and control the use of loudspeakers in any street or in or near any public place or in any place of public entertainment.",
"name": "Power of Police Commissioner and other police-officers to give directions to the public",
"related_acts": "",
"section_id": 29
},
{
"act_id": 511,
"details": "28. (1) The Police Commissioner may, whenever and for such time as he considers necessary for the preservation of public peace or safety, by notification publicly promulgated or addressed to individuals, prohibit at any place- (a) \tthe carrying of arms, swords, spears, guns, knives, sticks or lathis, or any other article, which is capable of being used for causing physical violence; (b)\tthe carrying of any corrosive substance or explosives; (c)\tthe carrying, collection and preparation of stones or other missiles or instruments or means of casting or impelling missiles; (d)\tthe exhibition of persons, corpses, figures or effigies; (e)\tthe public utterance of cries, singing of songs or playing of music; (f)\tthe delivery of public harangues, the use of gestures or mimetic representations, and the preparation, exhibition or dissemination of pictures, symbols, placards or any other object or thing which may, in his opinion, offend against decency or morality or undermine the security of the State. (2) If any person goes armed with any such article or carries any corrosive substance or explosive or missile in contravention of such prohibition, he may be disarmed or the corrosive substance or explosive or missile may be seized from him by any police-officer, and the article, corrosive substance, explosive or missile so seized shall be forfeited to the Government.",
"name": "Power of Police Commissioner to prohibit certain acts for prevention of disorder",
"related_acts": "",
"section_id": 30
},
{
"act_id": 511,
"details": "29. The Police Commissioner may, by order in writing, prohibit any assembly or procession whenever and for so long as he considers such prohibition to be necessary for the preservation of the public peace or safety: Provided that no such prohibition shall remain in force for more than thirty days without the sanction of the Government.",
"name": "Power of Police Commissioner to prohibit assembly or procession",
"related_acts": "",
"section_id": 31
},
{
"act_id": 511,
"details": "30. The Police Commissioner may, by public notice, temporarily reserve for any public purpose any street or public place and prohibit persons from entering the area so reserved except under such conditions as may be specified by him.",
"name": "Power of Police Commissioner to reserve any street or public place for any public purpose",
"related_acts": "",
"section_id": 32
},
{
"act_id": 511,
"details": "31. If, in the opinion of the Police Commissioner, it is necessary so to do for the purpose of preventing annoyance, disturbance, discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any persons who dwell or occupy property in the vicinity, he may, by order in writing, prohibit, restrict, regulate or impose conditions on- (a)\tthe use or continuance in any area, premises or vehicles of- (i)\tany vocal or instrumental music; (ii)\tmicrophone, loudspeaker or other instruments for amplifying music or other sound; (iii)\tsounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus on contrivance which is capable of producing or reproducing sound; or (b) \tthe carrying on in any premises of any trade, avocation or operation resulting in or attended with noise.",
"name": "Power of Police Commissioner to prohibit, restrict or regulate use of music, etc.",
"related_acts": "",
"section_id": 33
},
{
"act_id": 511,
"details": "32. (1) In order to prevent or suppress any riot or grave disturbance of peace, the Police Commissioner may, by order in writing, temporarily close or take possession of any building or place and exclude all or any persons therefrom, or allow access thereto to such persons only and on such terms as he may deem expedient. (2) If the lawful occupier of such building or place suffers substantial loss or injury by reason of the action taken under sub-section (1), he shall be entitled, on application made to the Police Commissioner within one month from the date of such action, to receive reasonable compensation for such loss or injury, unless such action was, in the opinion of the Police Commissioner, rendered necessary either by the use to which such building or place was put or intended to be put or by the misconduct of persons having access thereto. (3) In the event of any dispute in any case under sub-section (2), the decision of the Government shall be final as to the amount, if any, to be paid, and as to the person to whom it is to be paid.",
"name": "Orders for prevention of riot, etc.",
"related_acts": "",
"section_id": 34
},
{
"act_id": 511,
"details": "33. (1) For the purpose of preventing serious disorder or breach of the law or manifest an imminent danger to the persons assembled at any place of public amusement or at any assembly or meeting to which the public are invited or which is open to the public, the police-officer of the highest rank present at such place, assembly or meeting may give such directions as to the mode of admission of the public to, and for securing the peaceful and orderly conduct of the proceedings and the maintenance of the public safety at such place, assembly or meeting as he thinks necessary. (2) The police shall have free access to every such place, assembly or meeting for the purpose of giving effect to the provisions of sub-section (1) and to any direction given thereunder.",
"name": "Police to provide against disorder, etc., at places of amusement and public meetings",
"related_acts": "",
"section_id": 35
},
{
"act_id": 511,
"details": "34. The Police Commissioner may, from time to time, by public notice, proclaim that any dog found, during such period as may be specified in the said notice, straying in the streets or in any public place may be destroyed, and any dog so found within such period may be destroyed accordingly.",
"name": "Stray dogs to be destroyed",
"related_acts": "",
"section_id": 36
},
{
"act_id": 511,
"details": "35. Any police-officer who in any street or public place finds any animal so diseased, or so severely injured, and in such a physical condition, that, in his opinion, it should be destroyed, shall, if the owner is absent or refuses to consent to the destruction of the animal at once summon the veterinary officer in charge of the area in which the animal is found and, if the veterinary officer certifies that the animal is so diseased or so severely injured, or in such a physical condition, that it is cruel to keep it alive, the police-officer may, without the consent of the owner, destroy the animal or cause it to be destroyed: Provided that if in the opinion of the veterinary officer the animal can be removed from the place where it is found without causing it great suffering, he may direct the police-officer to remove the animal before it is destroyed from the place where it is found to such other place as he may think fit: Provided further that when the animal is destroyed in any street or public place it shall, as far as possible, be screened from the public gaze while it is being destroyed.",
"name": "Suffering or unfit animals to be destroyed",
"related_acts": "",
"section_id": 37
},
{
"act_id": 511,
"details": "36. (1) The Police Commissioner may, on the application of any person, depute any additional number of police to keep the peace, preserve order or enforce any of the provisions of this Ordinance or any other law in respect of any particular class or classes of offences or to perform any other police duties at any place. (2) Such additional police shall be employed at the cost of the person making the application, but shall be subject to the orders of the Police Commissioner and shall be employed for such period as the Police Commissioner may think necessary. (3) If the person upon whose application such additional police are employed makes, at any time, a written request to the Police Commissioner for their withdrawal, he shall be relieved from the cost thereof at the expiration of such period not exceeding one week from the date of such request as the Police Commissioner may determine.",
"name": "Employment of additional police on application",
"related_acts": "",
"section_id": 38
},
{
"act_id": 511,
"details": "37. (1) When it appears to the Police Commissioner that the behaviour of the persons employed on any public work or in any industrial or commercial concern under construction or in operation at any place necessitates the employment of additional police at such place, he may depute such additional police to such place as he thinks fit and keep such police employed at such place for so long as such necessity continues. (2) The Police Commissioner may make order, from time to time, directing the person by whom the work or concern is being constructed or carried on to pay such amount as cost of employment of such additional police as he may specify therein, and such person shall thereupon make the payment accordingly. (3) Any person aggrieved by an order of the Police Commissioner under sub-section (2) may appeal to the Government and the decision of the Government on such appeal shall be final.",
"name": "Employment of additional police at certain places",
"related_acts": "",
"section_id": 39
},
{
"act_id": 511,
"details": "38. Whenever it appears to the Police Commissioner that the movement or encampment of any gang or body of persons in any place is causing or is likely to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body or by members thereof, he may, by order in writing, direct the members of such gang or body so to conduct themselves as may seem necessary in order to prevent violence and alarm, or to disperse and remove themselves outside the Metropolitan Area within such time as he may specify and not to enter or return to the said Area.",
"name": "Dispersal of gangs",
"related_acts": "",
"section_id": 40
},
{
"act_id": 511,
"details": "39. Whenever it appears to the Police CommissionerÔÇö (a)\tthat the movements or acts of any person are causing or likely to cause alarm, danger or harm to any other person or to any property; or (b) that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapters XII, XVI, or XVII of the Penal Code (XLV of 1860), or in the abetment of any such offence; the Police Commissioner may, by order in writing, direct such person so to conduct himself as may seem necessary in order to prevent violence and alarm, or to remove himself outside the Metropolitan Area within such time as he may specify and not to enter or return to the said Area.",
"name": "Removal of persons about to commit offence",
"related_acts": "",
"section_id": 41
},
{
"act_id": 511,
"details": "40. If a person has been convicted of an offenceÔÇö (a)\tunder Chapter XII, XVI or XVII of the Penal Code (XLV of 1860); (b)\tunder the Suppression of Immoral Traffic Act, 1933 (Ben. Act. VI of 1933); (c)\tunder the Customs Act, 1969 (IV of 1969); or (d)\tunder section 74, 75, 76, 81, 86, or 88 of this Ordinance thrice or more; the Police Commissioner may, if he has reason to believe that such person is likely again to commit the same offence or any other offence under the same law, by order in writing, direct such person to remove himself outside the Metropolitan Area within such time as he may specify and not to enter or return to the said Area.",
"name": "Removal of persons convicted of certain offences",
"related_acts": "159,354",
"section_id": 42
},
{
"act_id": 511,
"details": "41. An order made under section 38, 39 or 40 directing a person not to enter or return to the Metropolitan Area shall remain in force for such period, not exceeding two years, as may be specified therein.",
"name": "Period of operation of orders under section 38, 39 or 40",
"related_acts": "",
"section_id": 43
},
{
"act_id": 511,
"details": "42. (1) Before an order under section 38, 39 or 40 is made in respect of any person the Police Commissioner shall inform the person in writing of the general nature of the material allegations against him and the order proposed to be made in respect of him and give him a reasonable opportunity of tendering an explanation regarding them. (2) If such person makes an application for the examination of any witness, the Police Commissioner shall examine such witness, unless, for reasons to be recorded in writing, he is of opinion that such application is made for the purpose of vexation or delay. (3) Such person shall be entitled to appear before the Police Commissioner by a lawyer for the purpose of tendering his explanation and examining the witnesses produced by him. (4) The Police Commissioner may, for the purpose of securing the attendance of such person, require that person to appear before him and to execute a bond, with or without sureties, for such attendance during the inquiry. (5) If such person fails to execute the bond as required under sub-section (4) or fails to appear before the Police Commissioner during the inquiry, the Police Commissioner may proceed with the inquiry and make the order proposed to be made against him.",
"name": "Hearing to be given before order under section 38, 39 or 40 is made",
"related_acts": "",
"section_id": 44
},
{
"act_id": 511,
"details": "43. (1) Any person aggrieved by an order made under section 38, 39 or 40 may appeal to the Government within thirty days from the date of such order. (2) An appeal under this section shall be preferred in the form of a memorandum, setting forth concisely the grounds of objection to the order appealed against and shall be accompanied by that order or a certified copy thereof. (3) On receipt of such appeal, the Government may, after giving a reasonable opportunity to the appellant to be heard either personally or by a lawyer and after such further inquiry, if any, as it may deem necessary, confirm, vary or set aside the order appealed against, and make its order accordingly: Provided that the order appealed against shall remain in force pending the disposal of the appeal, unless the Government otherwise directs. (4) In calculating the period of thirty days provided for an appeal under this section, the time taken for granting a certified copy of the order appealed against shall be excluded.",
"name": "Appeal",
"related_acts": "",
"section_id": 45
},
{
"act_id": 511,
"details": "44. An order passed by the Police Commissioner under section 38, 39 or 40 or by the Government under section 43 shall not be called in question in any Court.",
"name": "Certain orders of Police Commissioner or Government not to be called in question",
"related_acts": "",
"section_id": 46
},
{
"act_id": 511,
"details": "45. (1) If a person who has been directed by an order made under section 38, 39 or 40 to remove himself outside the Metropolitan AreaÔÇö (a)\tfails to remove himself as directed ; or (b)\thaving so removed himself, except with the permission of the Police Commissioner under sub-section (2), enters the said Area within the period specified in the order; the Police Commissioner may cause him to be arrested and removed to such place outside the said Area as he may specify. (2) The Police Commissioner may permit any person in respect of whom an order under section 38, 39 or 40 has been made to enter or return to the Metropolitan Area for such temporary period and subject to such conditions as may be specified in such permission and may require him to enter into a bond, with or without surety, for the due observance of the conditions imposed. (3) The Police Commissioner may, at any time, revoke any such permission. (4) Any person permitted under sub-section (2) to enter or return to the Metropolitan Area shall, at the expiry of the period specified in the permission or on the earlier revocation of such permission, remove himself outside the said Area, and shall not, without a fresh permission, enter therein or return thereto within the unexpired residue of the period specified in the order made under section 38, 39 or 40. (5) If such person fails to observe any of the conditions imposed or to remove himself accordingly, or having so removed himself enters or returns to the Metropolitan Area without fresh permission, the Police Commissioner may cause him to be arrested and removed to such place outside the said Area as he may specify.",
"name": "Procedure on failure of person to leave Metropolitan Area and his entry therein after removal",
"related_acts": "",
"section_id": 47
},
{
"act_id": 511,
"details": "46. Any person who having been appointed as an auxiliary police-officer under section 10 without sufficient cause refuses to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for refusal to serve as auxiliary police-officer",
"related_acts": "",
"section_id": 48
},
{
"act_id": 511,
"details": "47. Any person who makes a false statement or uses a false document for the purpose of obtaining employment or release from employment as a police-officer shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for making false statement, etc.",
"related_acts": "",
"section_id": 49
},
{
"act_id": 511,
"details": "48. Any police-officer who is guilty of cowardice or of any wilful breach of any provision of law or of any rule, regulation or order which it is his duty as such police-officer to observe or obey shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Penalty for misconduct of police-officer",
"related_acts": "",
"section_id": 50
},
{
"act_id": 511,
"details": "49. Any subordinate officer who resigns his office or withdraws himself from the duties thereof in contravention of section 14 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Penalty for contravention of section 14",
"related_acts": "",
"section_id": 51
},
{
"act_id": 511,
"details": "50. Any police-officer who wilfully neglects or refuses to deliver up his certificate of appointment or the arms, accoutrements, clothing and other articles supplied to him for the performance of his duties immediately after he ceases to belong to the Force shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for neglect or refusal to deliver up certificate of appointment, etc.",
"related_acts": "",
"section_id": 52
},
{
"act_id": 511,
"details": "51. Any police-officer who without lawful authority or reasonable cause enters or searches or causes to be entered or searched any building, vessel, or place shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.",
"name": "Penalty for unlawful entry and search by police-officer",
"related_acts": "",
"section_id": 53
},
{
"act_id": 511,
"details": "52. Any police-officer who vexatiously or unnecessarily searches, detains or arrests any person or seizes the property of any person shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.",
"name": "Penalty for vexatious search, detention, etc., by police-officer",
"related_acts": "",
"section_id": 54
},
{
"act_id": 511,
"details": "53. Any police-officer who offers any unnecessary personal violence to any person in his custody or holds out to an accused person any threat or promise not warranted by law shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.",
"name": "Penalty for personal violence, threat, etc., by police-officer",
"related_acts": "",
"section_id": 55
},
{
"act_id": 511,
"details": "54. Any police-officer who unnecessarily delays forwarding any person arrested to a Magistrate shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Penalty for unnecessary delay in forwarding an arrested person",
"related_acts": "",
"section_id": 56
},
{
"act_id": 511,
"details": "55. Any person who, not being a member of the Force, wears, without the permission of the Police Commissioner, the uniform of the Force or any dress having the appearance of that uniform shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred taka or with both.",
"name": "Penalty for unauthorised use of police uniform",
"related_acts": "",
"section_id": 57
},
{
"act_id": 511,
"details": "56. Whoever contravenes any regulation made under section 25 or any of the conditions of a licence or permission issued or granted under any such regulation shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for contravention of regulations under section 25",
"related_acts": "",
"section_id": 58
},
{
"act_id": 511,
"details": "57. Whoever contravenes any direction given under section 27 shall be punishable with fine which may extend to five hundred taka.",
"name": "Penalty for contravention of directions under section 27",
"related_acts": "",
"section_id": 59
},
{
"act_id": 511,
"details": "58. Whoever contravenes any prohibition made under section 28 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for contravention of prohibition under section 28",
"related_acts": "",
"section_id": 60
},
{
"act_id": 511,
"details": "59. Whoever contravenes any order made under section 29 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for contravention of order under section 29",
"related_acts": "",
"section_id": 61
},
{
"act_id": 511,
"details": "60. Whoever contravenes any prohibition made under section 30 shall be punishable with fine which may extend to five hundred taka.",
"name": "Penalty for contravention of prohibition under section 30",
"related_acts": "",
"section_id": 62
},
{
"act_id": 511,
"details": "61. Whoever contravenes any order made under section 31 shall be punishable with fine which may extend to five hundred taka.",
"name": "Penalty for contravention of order under section 31",
"related_acts": "",
"section_id": 63
},
{
"act_id": 511,
"details": "62. Whoever contravenes any order made under section 38, 39 or 40 shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.",
"name": "Penalty for contravention of order under section 38, 39 or 40",
"related_acts": "",
"section_id": 64
},
{
"act_id": 511,
"details": "63. Any person who in contravention of an order made under section 38, 39 or 40 enters or returns without permission to the Metropolitan Area or enters or returns to the said Area with permission granted under section 45(2) but fails, contrary to the provisions thereof, to remove himself outside the said Area at the expiry of the period specified in the permission shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand taka, or with both.",
"name": "Penalty for entering or returning without permission",
"related_acts": "",
"section_id": 65
},
{
"act_id": 511,
"details": "64. Whoever fails to conform to any reasonable direction of a police-officer given in fulfilment of any of his duties under this Ordinance shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for failure to conform to directions of police-officers",
"related_acts": "",
"section_id": 66
},
{
"act_id": 511,
"details": "65. Whoever, when driving a vehicle along the street, without sufficient reason fails to keep on the left side of such street and when passing any other vehicle proceeding on the same direction fails to keep on the right side of such vehicle or violates any traffic regulation made by the Police Commissioner shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for wrong driving and violation of traffic regulations",
"related_acts": "",
"section_id": 67
},
{
"act_id": 511,
"details": "66. Whoever leaves or parks any vehicle in any part of a street or public place where parking is prohibited by the Police Commissioner shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for wrong parking",
"related_acts": "",
"section_id": 68
},
{
"act_id": 511,
"details": "67. Whoever drives, rides, leads, propels or leaves on any footway any vehicle, other than a perambulator, so that the same can stand across or upon such footway shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for obstructing a footway",
"related_acts": "",
"section_id": 69
},
{
"act_id": 511,
"details": "68. Whoever causes obstruction in any street or public place- (a)\tby allowing any vehicle which has to be loaded or unloaded, or to take up or set down passengers, to remain or stand therein longer than may be necessary for such purposes ; or (b)\tby leaving any vehicle standing therein, shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for causing obstruction in street or public places",
"related_acts": "",
"section_id": 70
},
{
"act_id": 511,
"details": "69. Whoever, contrary to any regulation made by the Police Commissioner, exposes or sets out anything for sale in or on any stall, booth, board, basket or in any other manner in any street or public place shall be punishable with fine which may extend to five hundred taka.",
"name": "Penalty for exposing anything for sale contrary to regulation",
"related_acts": "",
"section_id": 71
},
{
"act_id": 511,
"details": "70. Whoever in any street or public placeÔÇö (a)\tnegligently lets loose any animal so as to cause danger, injury, alarm or annoyance to any person or animal; or (b)\tsuffers a ferocious dog or other animal to be at large without a muzzle ; or (c)\tsets on or urges a dog or other animal to attack, worry or put in fear any person or animal; shall be punishable with fine which may extend to five hundred taka.",
"name": "Penalty for letting loose any animal",
"related_acts": "",
"section_id": 72
},
{
"act_id": 511,
"details": "71. Whoever in any street or public place exposes for hire or sale any animal or vehicle or cleans any animal or vehicle, except at such times and places as the Police Commissioner may permit, shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for exposing animal or vehicle for hire or sale, etc.",
"related_acts": "",
"section_id": 73
},
{
"act_id": 511,
"details": "72. Whoever in any street or public place makes any vehicle or part of a vehicle, or, except when in the case of an accident repairing on the spot is unavoidable repairs any vehicle or part of a vehicle, or carries on therein any manufacture or operation or work so as to be an impediment to traffic or annoyance to the public or neighbouring residents 8shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both, and such vehicle shall be liable to be confiscated to the Government.",
"name": "Penalty for making or repairing vehicle in street or public place",
"related_acts": "",
"section_id": 74
},
{
"act_id": 511,
"details": "972A. Whoever causes obstruction in any street or public place by keeping or storing building materials or other articles therein shall be punishable with fine which may extend to two thousand taka, and such materials or articles shall be liable to be confiscated to the Government.",
"name": "Penalty for keeping or storing building materials or other articles in street or public place",
"related_acts": "",
"section_id": 75
},
{
"act_id": 511,
"details": "73. Whoever slaughters any animal or cleans a carcass or hide in or near to or within sight of a street or public place, except at a place set apart for the purpose by order of the Police Commissioner, shall be punishable with fine which may extend to five hundred taka.",
"name": "Penalty for slaughtering animal or cleaning a carcass",
"related_acts": "",
"section_id": 76
},
{
"act_id": 511,
"details": "74. Any person who in any street or public place or within sight of, and in such manner as to be seen or heard from, any street or public place, whether from within any house or building or not,ÔÇö (a)\tby words, gestures, or indecent personal exposure attracts or endeavours to attract attention for the purposes of prostitution ; or (b)\tsolicits or molests any person for the purposes of prostitution; shall be punishable with imprisonment for a term which may extend to three months, or with fine, which may extend to five hundred taka, or with both.",
"name": "Penalty for soliciting for purposes of prostitution",
"related_acts": "",
"section_id": 77
},
{
"act_id": 511,
"details": "75. Whoever wilfully and indecently exposes his person in any street or public place or within sight of, and in such manner as may be seen from, any street or public place, whether from within any house or building or not, or uses indecent language or behaves indecently or riotously, or in a disorderly manner in a street or public place or in any office, station or landing place shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for indecent behaviour in public",
"related_acts": "",
"section_id": 78
},
{
"act_id": 511,
"details": "76. Whoever wilfully and indecently exposes his person in any street or public place within sight of, and in such manner as may be seen by, any woman, whether from within any house or building or not, or wilfully presses or obstructs any woman in a street or public place or insults or annoys any woman by using indecent language or making indecent sounds, gestures, or remarks in any street or public place, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.",
"name": "Penalty for teasing women",
"related_acts": "",
"section_id": 79
},
{
"act_id": 511,
"details": "77. Whoever wilfully puts, presses, hustles or obstructs any passenger in any street or public place, or by violent movement, menacing gestures, screaming, shouting, wilfully frightening any animal or otherwise disturbs the public peace and order shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for obstructing or annoying passengers in streets",
"related_acts": "",
"section_id": 80
},
{
"act_id": 511,
"details": "78. Whoever uses in any street or public place any threatening, abusive or insulting words with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for misbehaviour with intent to provoke a breach of peace",
"related_acts": "",
"section_id": 81
},
{
"act_id": 511,
"details": "79. Whoever exhibits, contrary to any regulation made by the Police Commissioner, any mimetic, musical or other performance of a nature which may attract crowd, or carries or places bulky advertisements, pictures, figures or emblems in any street or public place whereby an obstruction to passengers or annoyance to the neighbouring residents may be occasioned shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for exhibiting mimetic, musical or other performance, etc.",
"related_acts": "",
"section_id": 82
},
{
"act_id": 511,
"details": "80. Whoever in or near to any street or public place commits a nuisance by easing himself, or suffers any child in his care or custody under seven years of age to commit such nuisance or spits or throws any litter, refuse or rubbish so as to cause annoyance to any passer-by shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for committing nuisance in or near street, etc.",
"related_acts": "",
"section_id": 83
},
{
"act_id": 511,
"details": "81. Whoever in any street or public place begs or applies for alms, or exposes or exhibits any sores, wounds, bodily ailment or deformity with the object of exciting charity or obtaining alms shall be punishable with imprisonment for a term which may extend to one month.",
"name": "Penalty for begging and exposing offensive ailments",
"related_acts": "",
"section_id": 84
},
{
"act_id": 511,
"details": "82. Whoever bathes or washes in or by the side of a public well, tank, pond, pool or reservoir not set apart for such purposes by order of the Police Commissioner shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for bathing or washing in places not set apart for the purpose",
"related_acts": "",
"section_id": 85
},
{
"act_id": 511,
"details": "83. Whoever in any building or place occupied by Government or by any local authority smokes or spits in contravention of a notice affixed to such building or place by the person in-charge of such building or place, shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for smoking and spitting in contravention of a notice",
"related_acts": "",
"section_id": 86
},
{
"act_id": 511,
"details": "84. Whoever without satisfactory excuse wilfully enters or remains in or upon any dwelling-house or premises or any land or ground attached thereto, or any ground, building, monument or structure belonging to Government or appropriated to public purposes, or any boat, vessel or vehicle, shall, whether he causes any damage or not, be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for wilful trespass",
"related_acts": "",
"section_id": 87
},
{
"act_id": 511,
"details": "85. Whoever knowingly gives or causes to be given a false alarm of fire to the fire-brigade or to any officer or firemen thereof, whether by means of a street fire-alarm, message or otherwise, or, with intent to give such false alarm, wilfully breaks the glass of, or otherwise damages, a street fire-alarm shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for false alarm of fire or damage to fire-alarm",
"related_acts": "",
"section_id": 88
},
{
"act_id": 511,
"details": "86. Whoever is found between sunset and sunriseÔÇö (a)\tarmed without any satisfactory excuse with any dangerous instruments; or (b)\thaving without any satisfactory excuse his face covered or otherwise disguised; or (c)\tin any dwelling house or other building, or on board any vessel or boat or in any vehicle without being able satisfactorily to account for his presence there; or (d)\tlying or loitering in any street, yard or other place without being able to give a satisfactory account of himself; or (e) \thaving in his possession without satisfactory excuse any implement of house-breaking; shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.",
"name": "Penalty for being found under suspicious circumstances between sunset and sunrise",
"related_acts": "",
"section_id": 89
},
{
"act_id": 511,
"details": "87. Whoever not being a police-officer or a member of any Defence Force or of the Bangladesh Rifles and acting as such, goes armed with sword, firearm or other offensive weapon or with any explosive or corrosive substance in any street or public place unless so authorised by lawful authority shall be liable to be disarmed by any police-officer and the weapon or substance so seized shall be forfeited to the Government, unless redeemed within one month on payment of such fine not exceeding one thousand taka as the Police Commissioner may impose.",
"name": "Penalty for carrying weapon without authority",
"related_acts": "",
"section_id": 90
},
{
"act_id": 511,
"details": "88. Whoever has in his possession, or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe to have been stolen or fraudulently obtained, shall, if he fails to account for such possession, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand taka, or with both.",
"name": "Penalty for possession of property of which no satisfactory account can be given",
"related_acts": "",
"section_id": 91
},
{
"act_id": 511,
"details": "89. Whoever takes or attempts to take any spirituous or fermented liquor or intoxicating drugs or preparations into any public hospital, or jail without the permission of the person in charge of such hospital or jail, or into any barracks or buildings occupied by the members of any disciplined force or into any educational institution, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both, and such spirits, liquors, drugs or preparations shall be forfeited to the Government.",
"name": "Penalty for taking liquor, etc. into hospital, etc.",
"related_acts": "",
"section_id": 92
},
{
"act_id": 511,
"details": "90. Whoever, being a pawn-broker, dealer in second-hand property or worker in metals, having received from any police-officer information regarding any property stolen or fraudulently obtained, comes into the possession of, or is offered in pawn or for sale, exchange or alteration, any property answering the description set forth in such information fails, without unnecessary delay, to give information to that effect at the nearest police-station and also to state the name and address of the person from whom the possession or offer was received shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for omission by pawn-brokers, etc., to report to police possession of stolen property",
"related_acts": "",
"section_id": 93
},
{
"act_id": 511,
"details": "91. Whoever, having received such information as is referred to in section 90, alters, melts, defaces or puts away or causes or suffers to be altered, melted, defaced or put away, without the previous permission of the police, any such property, shall on proof that the same was stolen or fraudulently obtained, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Penalty for melting, etc., of such property",
"related_acts": "",
"section_id": 94
},
{
"act_id": 511,
"details": "92. Whoever assembles with others in a street or public place for the purpose of gambling or wagering or joins any such assembly shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for gambling in street",
"related_acts": "",
"section_id": 95
},
{
"act_id": 511,
"details": "93. Whoever, being the keeper of any place of public amusement or entertainment, knowingly permits drunkenness or other disorderly behaviour or any gaming whatsoever in such place shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for permitting disorderly conduct at places of public amusement",
"related_acts": "",
"section_id": 96
},
{
"act_id": 511,
"details": "1093A. Whoever sells or offers for sale any ticket once issued for admission as spectator to any place of public amusement at a price higher than the price at which such ticket was originally issued shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for selling admission tickets at higher price",
"related_acts": "",
"section_id": 97
},
{
"act_id": 511,
"details": "94. Whoever allows any cattle, which are his property or in his charge, to stray in any street or to trespass upon any property shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred taka, or with both.",
"name": "Penalty for allowing cattle to stray in street or trespass upon property",
"related_acts": "",
"section_id": 98
},
{
"act_id": 511,
"details": "95. Whoever without the consent of the owner or occupier, affixes any bill, notice or paper against or upon any building, wall, tree fence, post pole or other erection with chalk, ink or paint or in any manner whatsoever, shall be punishable with fine which may extend to two hundred taka.",
"name": "Penalty for affixing bills or otherwise defacing building, etc.",
"related_acts": "",
"section_id": 99
},
{
"act_id": 511,
"details": "96. Whoever sets fire to or burns any straw or other matter, or lights any bon-fire, or wantonly discharges any fire-arm or airgun, or lets off or throws any fire-work, in or near any street or public place, except at such times and places as may from time to time be allowed by the Police Commissioner, shall be punishable with fine which may extend to one hundred taka.",
"name": "Penalty for lighting fires, discharging guns or letting off fire-works",
"related_acts": "",
"section_id": 100
},
{
"act_id": 511,
"details": "97. Any person who abets the commission of any offence punishable under this Ordinance shall be deemed to have committed that offence.",
"name": "Abetment of offences",
"related_acts": "",
"section_id": 101
},
{
"act_id": 511,
"details": "98. If the person committing an offence punishable under this Ordinance is a firm, company or other body corporate, every partner, director, manager, secretary or other officer or agent thereof shall, unless he proves that the commission took place without his knowledge or that he exercised all due diligence to prevent such commission, be deemed to be guilty of such commission.",
"name": "Offences committed by firms, etc.",
"related_acts": "",
"section_id": 102
},
{
"act_id": 511,
"details": "99. No Court shall take cognizance of any offence punishable under this Ordinance except upon a report in writing made by a police-officer.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 103
},
{
"act_id": 511,
"details": "100. Any police-officer may arrest without warrant any person committing in his presence or within his views any offence punishable under this Ordinance or under any other law for the time being in force. Explanation. Nothing in this section shall be construed as restricting the exercise by any police-officer of any power of arrest conferred upon him by any other law.",
"name": "Power of arrest without warrant",
"related_acts": "",
"section_id": 104
},
{
"act_id": 511,
"details": "101. (1) A Court taking cognizance of an offence punishable under section 56, 57, 60, 61, 64, 69, 70, 71, 72, 73, 77, 78, 79, 80, 82, 83, 84, 92, 93, 95 or 96 may state in the summons to be served on the accused person that he may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter and remit to the Court such sum, not exceeding one-fourth of the amount of fine specified for such offence, as the Court may specify. (2) Where an accused person pleads guilty and remits the sum specified, no further proceeding in respect of the offence shall be taken against him.",
"name": "Disposal of certain specified cases",
"related_acts": "",
"section_id": 105
},
{
"act_id": 511,
"details": "102. (1) If a police-officer not below such rank as the Police Commissioner may by public notice specify, finds that an offence punishable under section 65, 66, 67 or 68 has been committed, he may give the person who has committed the offence or, when such person is not available, affix on the body of the vehicle in respect of which the offence has been committed, a notice in the prescribed form specifyingÔÇö (a)\tthe offence committed by such person; (b)\tthe penalty, not exceeding fifty taka, in the case of a motor vehicle and ten taka, in any other case, which he is to pay; and (c)\tthe date on which he is to appear before the Magistrate and pay the penalty. (2) If such person appears before the Magistrate and pays the penalty on the specified date, no further proceeding in respect of the offence committed by him shall be taken against him. (3) If such person fails to appear before the Magistrate and pay the penalty on the specified date or does not show any cause to the satisfaction of the Magistrate for such failure, the penalty shall be realised from him in the same manner in which a fine imposed by a Magistrate may be realised as if it were a fine imposed by a Magistrate under this Ordinance. (4) If such person appears before the Magistrate on the specified date but denies to have committed the offence specified in the notice, the Magistrate shall take cognizance of the offence specified in the notice, treating the notice to be a report in writing made by the police-officer who wrote it, and proceed with the case in accordance with the other provisions of this Ordinance, and in the trial of the case the burden shall lie upon such person to prove that he has not committed such offence. (5) The provisions of this section shall have effect notwithstanding anything contained in this Ordinance or in any other law for the time being in force.",
"name": "Power of police-officers to impose penalty in certain cases",
"related_acts": "",
"section_id": 106
},
{
"act_id": 511,
"details": "103. Nothing in this Ordinance shall be construed to prevent any person from being prosecuted and punished under any other law for any offence made punishable by this Ordinance or from being prosecuted and punished under this Ordinance for an offence punishable under any other law: Provided that all such cases shall be subject to the provisions of section 403 of the Code.",
"name": "Prosecution for offences under other laws not affected",
"related_acts": "",
"section_id": 107
},
{
"act_id": 511,
"details": "11103A. (1) Notwithstanding anything contained in any other law for the time being in force, the Police Commissioner may, by order in writing, requisition any vehicle, for a period not exceeding seven days, if such vehicle is required in public interest. (2) Whenever any vehicle is requisitioned under sub-section (1), the owner thereof shall be paid such compensation as may be prescribed.",
"name": "Requisitioning of vehicles",
"related_acts": "",
"section_id": 108
},
{
"act_id": 511,
"details": "104. No regulation, order, direction, inquiry or notice made or published and no act done under any provision of this Ordinance or of any rule or regulation made thereunder shall be deemed illegal, void, invalid or insufficient by reason of any defect of form or any irregularity of procedure.",
"name": "Regulations, orders, etc., not invalidated by defect of form or irregularity in procedure",
"related_acts": "",
"section_id": 109
},
{
"act_id": 511,
"details": "105. No police-officer shall be liable to any penalty or to payment of any damage on account of an act done in good faith in pursuance or intended pursuance of any duty imposed or any authority conferred on him by any provision of this Ordinance or any other law for the time being in force or any rule, regulation, order or direction made or given thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 110
},
{
"act_id": 511,
"details": "12105A. Notwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any police-officer for anything done or intended to be done under any provision of this Ordinance or of the rules, regulations or orders made thereunder, shall be commenced within six months after the act complained of has been committed, and a notice, in writing, of such proceeding and of the cause thereof shall be given to the police-officer concerned and his superior officer at least one month before the commencement of such proceeding.",
"name": "Limitation of legal proceedings",
"related_acts": "",
"section_id": 111
},
{
"act_id": 511,
"details": "106. Any public notice required to be given under any of the provisions of this Ordinance shall be in writing, shall be signed by the Police Commissioner, and shall be published in the locality to be affected thereby by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums or by advertising the same in such local newspaper as the Police Commissioner may deem fit, or by any two or more of these means and by any other means he may think suitable.",
"name": "Public notices how to be given",
"related_acts": "",
"section_id": 112
},
{
"act_id": 511,
"details": "107. Every licence, written permission, notice, or other document, not being a summons or warrant, required by this Ordinance or by any rule or regulation made thereunder to bear the signature of the Police Commissioner shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon.",
"name": "Stamping of signature",
"related_acts": "",
"section_id": 113
},
{
"act_id": 511,
"details": "108. The Government may, by notification in official Gazette, include within the limits of the Metropolitan Area any area adjacent thereto or exclude from the limits of the Metropolitan Area any area comprised therewith.",
"name": "Power of Government to include or exclude areas in or from Metropolitan Area",
"related_acts": "",
"section_id": 114
},
{
"act_id": 511,
"details": "109. The Government may, by notification in this official Gazette, make rules for carrying out the purpose of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 115
}
],
"text": "An Ordinance to provide for the constitution of a separate police-force for the Dhaka Metropolitan Area and for the regulation thereof.♣ WHEREAS it is expedient to provide for the constitution of a separate police-force for the Dhaka Metropolitan Area and for the regulation thereof and for matters connected therewith or ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 512,
"lower_text": [],
"name": "The International Finance Corporation Ordinance, 1976",
"num_of_sections": 6,
"published_date": "3rd March, 1976",
"related_act": [
512
],
"repelled": true,
"sections": [
{
"act_id": 512,
"details": "1. (1) This Ordinance may be called the International Finance Corporation Ordinance, 1976. (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": "512",
"section_id": 1
},
{
"act_id": 512,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Agreement” means any agreement which may be signed and accepted on behalf of the Government of the People's Republic of Bangladesh in pursuance of the Articles of Agreement approved by the Executive Directors of the Bank on the eleventh day of April, 1955 (as amended by Resolutions of the Board of Governors of the Corporation dated the 1st September, 1961, and the 25th August, 1965), providing for the establishment and operation of an international body to be called the International Finance Corporation; (b)\t“Corporation” means the International Finance Corporation; (c)\t“member” means a member of the Corporation.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 512,
"details": "3. (1) There shall be paid out of the Consolidated Fund all such sums as may be required for the purpose of making payments on behalf of the Government of the People's Republic of Bangladesh under paragraph (a) of section 3 of Article II of the Agreement. (2) Any sums received by the Government of the People's Republic of Bangladesh from the Corporation in pursuance of the Agreement shall be paid into the Consolidated Fund.",
"name": "Financial Provisions",
"related_acts": "",
"section_id": 3
},
{
"act_id": 512,
"details": "4. The Bangladesh Bank shall be the depository of the Bangladesh currency holdings or other assets of the Corporation.",
"name": "Bangladesh Bank to be depository for the Corporations",
"related_acts": "",
"section_id": 4
},
{
"act_id": 512,
"details": "5. Notwithstanding anything to the contrary contained in any other law, the provisions of Article VI of the Agreement set out in the Schedule shall have the force of law in Bangladesh: Provided that nothing in section 9 thereof shall be construed as- (a)\tentitling the Corporation to import into Bangladesh goods free of any duty of customs without any restriction on their subsequent sale therein, or (b) \tconferring on the Corporation 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": "Certain provision of Agreement to have force of law",
"related_acts": "",
"section_id": 5
},
{
"act_id": 512,
"details": "6. It is hereby declared that the International Finance Corporation Act, 1956 (XXVIII of 1956), is no part of the laws of Bangladesh.",
"name": "Act XXVIII of 1956 no part of Bangladesh laws",
"related_acts": "",
"section_id": 6
}
],
"text": "An Ordinance to give effect to an international agreement for the establishment and operation of an International Finance Corporation and for purposes connected therewith. WHEREAS Articles of Agreement of the International Finance Corporation have, on the eleventh day of April, 1955 been approved by the Executive Directors of the International Bank for Reconstruction and Development, hereinafter referred to as the Bank (and have been subsequently amended by Resolutions of the Board of Governors of the Corporation dated the 1st September, 1961 and the 25th August, 1965), and deposited in the archives of the Bank for signature and acceptance on behalf of Governments; AND WHEREAS it is expedient to provide for the participation of the People’s Republic of Bangladesh in the said Corporation in pursuance of the aforesaid agreement; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 513,
"lower_text": [
"1 The words “and one is a qualified pharmacist” were inserted by section 2 of the Pharmacy (Amendment) Ordinance, 1978 (Ordinance No. XLII of 1978)",
"2 The word, brackets and letter “clause (f)” were substituted for the word, brackets and letter “clause (g)” by section 2 of the Pharmacy (Amendment) Ordinance, 1978 (Ordinance No. XLII of 1978)",
"3 The figure “24” was substituted for the figure “23” by section 3 of the Pharmacy (Amendment) Ordinance, 1978 (Ordinance No. XLII of 1978)",
"4 The words “or Bio-Chemistry” were inserted by section 4 of the Pharmacy (Amendment) Ordinance, 1978 (Ordinance No. XLII of 1978)",
"5 Sub-section (5) was inserted by section 6 of the Pharmacy (Amendment) Ordinance, 1978 (Ordinance No. XLII of 1978)",
"6 The word “twice” was omitted by section 7 of the Pharmacy (Amendment) Ordinance, 1978 (Ordinance No. XLII of 1978)",
"7 The words “at least two days ” were substituted for the words “a continuous period of not less than one week” by section 7 of the Pharmacy (Amendment) Ordinance, 1978 (Ordinance No. XLII of 1978)",
"8 The word “cause” was substituted for the word “cease” by section 8 of the Pharmacy (Amendment) Ordinance, 1978 (Ordinance No. XLII of 1978)",
"9 The word “prejudice” was substituted for the word “prejuudice” by section 9 of the Pharmacy (Amendment) Ordinance, 1978 (Ordinance No. XLII of 1978)"
],
"name": "The Pharmacy Ordinance, 1976",
"num_of_sections": 34,
"published_date": "4th March, 1976",
"related_act": [
513,
324,
10,
114,
188
],
"repelled": false,
"sections": [
{
"act_id": 513,
"details": "1. This Ordinance may be called the Pharmacy Ordinance, 1976.",
"name": "Short title",
"related_acts": "513",
"section_id": 1
},
{
"act_id": 513,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“approved” means approved under section 18 or, as the case may be, section 19; (b)\t“Council” means the Pharmacy Council of Bangladesh established under section 3; (c)\t“medical institution” means an institution whose medical qualifications are recognised under the Medical Council Act, 1973 (XXX of 1973); (d)\t“pharmacist” means a person who, for a fee, salary or other consideration paid to him or to another person on his behalf, manufactures, prepares, distributes, sells, or serves any prescription for, any medicine, drug or pharmaceutical preparation.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 513,
"details": "3. (1) As soon as may be after the coming into force of this Ordinance, the Government shall, by notification in the official Gazette, establish a Council to be known as the Pharmacy Council of Bangladesh. (2) The Council shall be a body corporate having perpetual succession and common seal, with power, among others, to acquire, hold and dispose of property, and shall by its name sue and be sued.",
"name": "Establishment of the Council",
"related_acts": "",
"section_id": 3
},
{
"act_id": 513,
"details": "4. (1) The Council shall subject to the provisions of sub-section (2), consist of the following members, namely:ÔÇö (a) \tSecretary, Ministry of Health, Population Control and Family Planning, ex-officio, who shall, unless the Government appoints any other officer to be the President, also be the President of the Council; (b) \tthe officer, if any, appointed under clause (a) to be the President of the Council; (c) \tDirectors of Health Services, ex-officio; (d) \tHead of the Department of Drug Administration, ex-officio; (e) \tHead of the Department of Pharmacy in the University of Dhaka, ex-officio; (f) \tfour persons to be so nominated by the Government that one of them is a Professor of Medicine and one is a Professor of Pharmacology of medical institutions in Bangladesh 1and one is a qualified pharmacist; (g) \tone qualified pharmacist to be nominated by the Bangladesh Aushad Shilpa Samity; (h) \tone person to be nominated by the Bangladesh Medical Association; (i) \tone qualified pharmacist to be nominated by the Bangladesh Chemists and Druggists Samity; (j) \tthree persons to be nominated by the Pharmaceutical Society of Bangladesh registered under the Societies Registration Act, 1860 (XXI of 1860). (2) The Government may, by notification in the official Gazette, increase or decrease the number of persons to be nominated by it under 2clause (f) of sub-section (1): Provided that the decrease in the number of members shall not affect the continuance in office of, and the performance of functions by, any member until the expiry of his term.",
"name": "Composition of the Council",
"related_acts": "10",
"section_id": 4
},
{
"act_id": 513,
"details": "5. A person, other than a Professor of a medical institution, shall not be eligible for nomination as a member of the Council unless he is a registered pharmacist: Provided that, for the purpose of the constitution of the first Council, a person who is qualified to be registered as a pharmacist under this Ordinance, shall be eligible for such nomination.",
"name": "Disqualification for membership",
"related_acts": "",
"section_id": 5
},
{
"act_id": 513,
"details": "6. The Government shall publish in the official Gazette the names or the official titles of the members of the Council.",
"name": "Publication of names",
"related_acts": "",
"section_id": 6
},
{
"act_id": 513,
"details": "7. (1) Subject to the provisions of sub-section (2), a member other than an ex-officio member shall hold office for a period of three years commencing on the day on which he assumes office and shall be eligible for re-nomination: Provided that, notwithstanding the expiry of his term, a member shall continue to function until his successor assumes office. (2) Where the Government, upon the recommendation of a majority of the members of the Council, is satisfied that a member other than ex-officio member of the Council is negligent in the discharge of his duties or is guilty of any professional or dishonourable conduct or is otherwise not competent to perform the functions of a member, it may, by notification in the official Gazette, remove such member; and upon the publication of such notification the office of the member shall become vacant.",
"name": "Term of office",
"related_acts": "",
"section_id": 7
},
{
"act_id": 513,
"details": "8. A casual vacancy caused by the death, resignation or removal of a member shall be filled for the remainder of the term of such member, not being less than six months, by nominating another person in his place in the same manner in which such member was nominated.",
"name": "Filling of casual vacancy",
"related_acts": "",
"section_id": 8
},
{
"act_id": 513,
"details": "9. No act or proceedings of the Council shall be invalid merely on the ground of the existence of any vacancy in, or any defect in the composition of, the Council.",
"name": "Vacancy, etc., not to invalidate the proceedings of the Council",
"related_acts": "",
"section_id": 9
},
{
"act_id": 513,
"details": "10. (1) The Council shall elect every year one of its members other than an ex-officio member to be the Vice-President of the Council and the Vice-President so elected shall hold office for a period of one year and shall be eligible for re-election: Provided that the Vice-President shall, notwithstanding the expiry of his term, continue to function until his successor is elected and assumes office. (2) The Vice-President shall perform such functions as may be entrusted to him by the Council and, in the absence of the President, also the functions of the President.",
"name": "Election of Vice-President",
"related_acts": "",
"section_id": 10
},
{
"act_id": 513,
"details": "11. (1) The Council may constitute such Committees as it deems fit for the purpose of advising it in the performance of its functions. (2) A Committee constituted under sub-section (1) may co-opt as its member any person whose assistance or advice it may consider necessary for the efficient performance of its functions.",
"name": "Committees of the Council",
"related_acts": "",
"section_id": 11
},
{
"act_id": 513,
"details": "12. (1) The Council shall meet at such time and place, and a meeting of the Council shall be summoned and conducted in such manner, as may be laid down by its regulations: Provided that, until such regulations are made, the President of the Council may, by notice addressed to each member, summon and conduct a meeting at such time and place and in such manner as he may deem expedient. (2) The President or, in his absence, the Vice-President shall preside at every meeting of the Council and, in the absence of both the President and the Vice-President, the members present shall elect one amongst them to preside at the meeting.",
"name": "Meetings of the Council",
"related_acts": "",
"section_id": 12
},
{
"act_id": 513,
"details": "13. (1) The Council shall, with the approval of the Government, appoint a Secretary from amongst persons eligible for registration as pharmacists on such terms and conditions as it may deem fit. (2) The Council may also appoint such officers and staff as may be necessary for the efficient performance of its functions.",
"name": "Appointment of Secretary, Officers and Staff of the Council",
"related_acts": "",
"section_id": 13
},
{
"act_id": 513,
"details": "14. The funds of the Council shall consist of the fees received by it under this Ordinance and of such moneys as may be placed at its disposal by the Government.",
"name": "Finance",
"related_acts": "",
"section_id": 14
},
{
"act_id": 513,
"details": "15. (1) The Council shall maintain proper accounts and prepare annual statement of accounts in such form as may be prescribed by regulations. (2) The accounts of the Council shall be audited by the Comptroller and Auditor-General of Bangladesh or any officer authorised by him in such manner as the Comptroller and Auditor-General may think fit.",
"name": "Accounts and audit",
"related_acts": "",
"section_id": 15
},
{
"act_id": 513,
"details": "16. As soon as may be, after the close of every financial year, the Council shall submit to the Government, an annual report giving an account of its proceedings together with a statement of moneys received and expenses incurred by it during that year.",
"name": "Annual report",
"related_acts": "",
"section_id": 16
},
{
"act_id": 513,
"details": "17. The functions of the Council shall be- (a) \tto approve examinations in Pharmacy for the purpose of qualifying persons for registration as pharmacists; (b)\tto prescribe the subjects in which approved examinations shall be held; (c)\tto approve the courses of study and practical training in pharmacy for the purpose of admission to approved examinations; (d) \tto prescribe the conditions and procedure for admission of candidates to an approved examination; (e) \tto lay down the standard of teaching to be maintained by institutions conducting the approved courses of study; (f) \tto prescribe the equipment and facilities to be made available to the students; (g)\tto recognise degree or diploma in Pharmacy for the purpose of registration as pharmacists; (h) \tto cause inspection of institutions which conduct any course of study in Pharmacy and of the teachings imparted and examinations held by them; (i) \tto prepare and maintain Registers of pharmacists and apprentices in pharmacy; (j) \tto register pharmacists and grant certificates of registration; (k) \tto hold examinations for the purpose of registration as pharmacists; and (l) \tto do such other acts and things as it may be empowered or required to do by or under this Ordinance.",
"name": "Functions of the Council",
"related_acts": "",
"section_id": 17
},
{
"act_id": 513,
"details": "18. (1) Any institution or authority, other than the Council, which holds an examination in Pharmacy, may apply to the Council for approval of the examination for the purpose of qualifying a person for registration as a pharmacist under this Ordinance. (2) The Council, if it is satisfied after such enquiry as it may think fit that the examination for the approval of which an application has been made under sub-section (1) is in conformity with the provisions of this Ordinance and the regulations, shall approve the examination and, by notification in the official Gazette, declare it to be an approved examination for the purpose of qualifying a person for registration as a pharmacist under this Ordinance.",
"name": "Approval of examinations",
"related_acts": "",
"section_id": 18
},
{
"act_id": 513,
"details": "19. (1) Any institution or authority which conducts a course of study in Pharmacy may apply to the Council for approval of such course of study for the purpose of admission to an approved examination. (2) The Council, if it is satisfied after such enquiry as it may think fit that the course of study for the approval of which an application has been made under sub-section (1) is in conformity with the provisions of this Ordinance and the regulations, shall submit the application together with its recommendation to the Government and shall, upon the approval of the course of study by the Government, declare it, by notification in the official Gazette, to be an approved course of study for the purpose of admission to an approved examination.",
"name": "Approval of courses of study",
"related_acts": "",
"section_id": 19
},
{
"act_id": 513,
"details": "20. Every institution or authority which applies for the approval of an examination under section 18 or a course of study under section 19, or holds an examination or conducts an approved course of study shall furnish to the Council such information as the Council may, from time to time, require relating to- (a) \tthe course of study conducted and training given; (b) \tthe examination held; (c) \tthe ages at which the students may undergo the course of study; (d) \tthe equipments and facilities provided for the students; and (e) \tmatters generally pertaining to the course of study, training and examinations and standard of teaching.",
"name": "Furnishing of information",
"related_acts": "",
"section_id": 20
},
{
"act_id": 513,
"details": "21. (1) The Council may appoint such Inspectors for the inspection of institutions as it may consider necessary. (2) An Inspector may, if he is so authorised by the President of the Council,ÔÇö (a)\tinspect any institution which holds an approved examination or conducts an approved course of study and may attend any such examination held by such institutions; (b) \tinspect any institution which has applied for the approval of the examination held, or course of study conducted, by it and attend any examination held by such institution. (3) An Inspector who attends any examination shall not interfere with the conduct thereof but shall submit to the Council a report on the sufficiency or otherwise of such examination and on any other matter in regard to which the Council may require him to report.",
"name": "Inspectors",
"related_acts": "",
"section_id": 21
},
{
"act_id": 513,
"details": "22. (1) Where, upon a report by an Inspector, it appears to the Council that an approved course of study or an approved examination does not continue to be in conformity with the provisions of this Ordinance and the regulations, the Council shall give notice to the institution or authority concerned calling upon it to explain in writing why the approval of its course of study or examination should not be withdrawn. (2) The Institution or authority to whom a notice has been given under sub-section (1) shall, within sixty days from the receipt of such notice, comply with the notice and may also make such representation to the Council as it may wish to make. (3) The Council, after considering the explanation given and any representation made under sub-section (2), may, by notification in the official Gazette, declare that its approval of the course of study or examination conducted or held by the institution or authority concerned shall stand withdrawn with effect from such date as may be specified in the notification; and every such declaration shall state that the course of study or examination conducted or held by such institution or authority shall be deemed to be approved only when completed or passed, as the case may be, before the date so specified.",
"name": "Withdrawal of approval",
"related_acts": "",
"section_id": 22
},
{
"act_id": 513,
"details": "23. (1) The Council shall prepare and maintain or cause to be prepared and maintained the following Registers of pharmacists and apprentices, namely:ÔÇö (a) \tRegister AÔÇöin which shall be registered the persons specified in clause (a) of sub-section (1) of section 24 and paragraphs (i), (ii), (iii) and (iv) of the proviso to that sub-section; (b) \tRegister BÔÇöin which shall be registered the persons specified in clauses (b) and (c) of sub-section (1) of section 324 and paragraphs (v), (vi), (vii) and (viii) of the proviso to that sub-section; and (c) \tRegister CÔÇöin which shall be registered the apprentices in pharmacy: Provided that the Council may, with the previous approval of the Government, discontinue the registration of apprentices in pharmacy and may, with like approval, re-open such registration after it has been discontinued and shall, upon discontinuance or re-opening, publish in the official Gazette a notice thereof specifying the date of such discontinuance or re-opening. (2) Every Register prepared and maintained under sub-section (1) shall contain the following particulars relating to a person so registered, namely:ÔÇö (a) \tfull name; (b) \tresidential address; (c) \tprofessional address; (d) \tfather's name; (e) \tdate and place of birth; (f) \tnationality; (g) \tqualifications; (h) \tdate on which registered; and (i) \tsuch other particulars as may be prescribed by regulations.",
"name": "Preparation and maintenance of Registers",
"related_acts": "",
"section_id": 23
},
{
"act_id": 513,
"details": "24. (1) The following persons shall, subject to the provisions of sub-section (3), be qualified for registration as pharmacists under this Ordinance, namely :ÔÇö (a)\tpersons who hold a degree in pharmacy conferred by a University or an institution affiliated thereto, where the degree is recognised by the Council; (b) \tpersons who hold a diploma in Pharmacy recognised by the Council; (c) \tpersons who pass the examination in Pharmacy held or approved by the Council: Provided that during the period of two years from the coming into force of this Ordinance, the following persons shall also be deemed to be qualified for registration, namely:ÔÇö (i)\tgraduates in Pharmacy from a University or an institution affiliated thereto; (ii)\tgraduates in science from a University or an institution affiliated thereto, with Chemistry 4or Bio-Chemistry or Pharmaceutical Chemistry or Pharmacology or Micro Biology as the principal subject, who are engaged for at least two years in the manufacture or test and analysis of drugs and medicines in any drug manufacturing concern licensed under the Drugs Act, 1940 (XXIII of 1940), or in any Government institution or laboratory; (iii)\tInspectors of Drugs appointed under the Drugs Act, 1940 (XXIII of 1940), and Government Analysts so appointed; (iv)\tteachers in any subject related to pharmacy in any institution conducting courses of study in Pharmacy; (v)\tpersons who hold diploma in Pharmacy recognised for registration under the Pharmacy Act, 1967; (vi)\tpersons who had been approved by the licensing authority on or before the 30th November, 1974, as “qualified persons” within the meaning of rule 24 of the Drugs Rules, 1946; (vii)\tpersons engaged in compounding or dispensing medicine in a Government Hospital; and (viii)\tpersons certified as qualified compounders and dispensers of medicine by a Government Hospital. (2) A person shall, subject to the provisions of sub-section (3), be qualified to be registered as an apprentice in pharmacy if he has been taken as a student or apprentice in pharmacy by, and produces a certificate to that effect from, a pharmacist registered under this Ordinance and approved for the purpose, by notification in the official Gazette, by the Council. (3) No person shall be qualified for registration as a pharmacist or as an apprentice in pharmacy- (a) \tif he is of unsound mind and stands so declared by a court ; or (b) \tif he has been convicted by a court of any offence which in the opinion of the Council involves moral turpitude.",
"name": "Qualifications for registration as a pharmacist or as an apprentice in pharmacy",
"related_acts": "188,188",
"section_id": 24
},
{
"act_id": 513,
"details": "25. (1) As soon as may be after the opening of the Registers under section 23, the Council shall, by notification in the official Gazette, invite applications from persons desirous of being registered as pharmacists or as apprentices in pharmacy. (2) An application for registration shall contain such particulars and be made in such form as may be specified by the Council and shall be accompanied by such fees as may be prescribed by regulations. (3) The Council shall examine every application received by it and, if it is satisfied that the applicant is qualified for registration under section 24, direct the entry of the name of the applicant in the appropriate Register. (4) The Council shall, if it rejects the application of any person, inform the applicant in writing of such rejection within ninety days from the date of receipt of the application, and the applicant may, within sixty days of the receipt of the information, appeal against such rejection to the Government whose decision thereon shall be final. (5) Omitted by section 5 of the Pharmacy (Amendment) Ordinance, 1978 (Ordinance No. XLII of 1978).",
"name": "Procedure for registration",
"related_acts": "",
"section_id": 25
},
{
"act_id": 513,
"details": "26. (1) The Council shall issue a certificate of registration to a person who has been registered under section 25. (2) A certificate of registration issued under sub-section (1) shall bear a number and the official seal of the Council and be signed by the President and the Secretary and shall contain the following, namely:ÔÇö (a)\ta passport size photograph of the person registered; (b) \tthe full signature of the person registered; and (c)\tsuch other particulars as may be prescribed by regulations. (3) A copy of the certificate with all the particulars specified in sub-section (2) shall be kept in the official records of the Council. (4) A person to whom a certificate of registration has been issued may, if the original is lost, defaced or mutilated or for any other reason, obtain a duplicate thereof on payment of the same fee as was paid for the original. 5(5) A certificate of registration issued under this section shall remain valid for a period of five years from the date of its issue and shall, upon an application made in this behalf, be renewed on payment of the same fee as was paid for the original.",
"name": "Certificate of registration",
"related_acts": "",
"section_id": 26
},
{
"act_id": 513,
"details": "27. (1) The Council may, after giving the person concerned an opportunity to make representation and of being heard, revoke the certificate of registration issued to him, if such personÔÇö (a)\tincurs any disqualification specified in sub-section (3) of section 24; or (b) \tcontravenes any of the provisions of the Poisons Act, 1919 (XII of 1919), the Dangerous Drugs Act, 1930 (II of 1930), the Drugs Act, 1940 (XXIII of 1940), or this Ordinance or of the rules made under any of these Acts; or (c) \tfails or neglects to comply with any directive in respect of the profession of a pharmacist which the Government may, from time to time, issue; or (d) \tis guilty of such professional misconduct as may be laid down by the Council in this behalf. (2) Where any certificate of registration is revoked under sub-section (1), the name of the person whose certificate has been so revoked shall, after he has been given a notice in writing of such revocation, be struck off the Register in which his name was entered and his registration shall thereupon stand cancelled. (3) The Council may, of its own motion, and shall, upon an application made in this behalf within thirty days of the receipt of the notice under sub-section (2) by the person concerned, review its decision regarding revocation of the certificate of registration; and the decision of the Council upon such review shall be final.",
"name": "Revocation of certificate",
"related_acts": "114,188",
"section_id": 27
},
{
"act_id": 513,
"details": "28. (1) For the purpose of registration as pharmacists, the Council may after giving notice in this behalf, hold examinations 6* * * in every year. (2) An examination under sub-section (1) shall be held at least at three places in Bangladesh. (3) Notice of an examination shall be published for 7at least two days in at least one newspaper in English and one newspaper in Bengali, each having wide circulation in Bangladesh. (4) Every application for admission to an examination shall be made in such manner and in such form as may be specified by the Council and shall be accompanied byÔÇö (a) \tsuch fee as may be prescribed by regulations; (b) \ta certificate of good moral character from a respectable person; and (c) \tsuch other papers or particulars as may be required by the Council.",
"name": "Examination for registration as pharmacists",
"related_acts": "",
"section_id": 28
},
{
"act_id": 513,
"details": "29. An applicant for admission to an examination under section 28,ÔÇö (a)\tshall not be below seventeen years of age on the date fixed for the examination; (b)\tmust have passed the matriculation examination or an equivalent examination with general science as one of the subjects; and (c)\tmust have been registered as an apprentice in pharmacy for a period of not less than two years before the date fixed for the examination: Provided that clause (c) shall not apply during any period during which registration of apprentices in pharmacy, remains discontinued under the proviso to sub-section (1) of section 23 and the period of two years thereafter.",
"name": "Qualification for admission to an examination",
"related_acts": "",
"section_id": 29
},
{
"act_id": 513,
"details": "30. (1) Subject to the provisions of sub-section (4), no person shall, after the expiry of two years from the coming into force of this Ordinance, or such later date as the Government may, by notification in the official Gazette, specify in this behalf, practice as a pharmacist unless he is a registered pharmacist and displays his certificate of registration in a conspicuous place within the premises in which he so practises. (2) Whoever employs any pharmacist for the purpose of any business in pharmacy shall 8cause the certificate of registration of the pharmacist so employed to be displayed in a conspicuous place within the premises in which such business is carried on. (3) Whoever contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable, on first conviction, with fine which may extend to Taka five hundred, and, on each subsequent conviction with imprisonment for a term which may extend to three months, or with fine which may extend to Taka five hundred, or with both. (4) Nothing in sub-section (1) shall apply toÔÇö (a)\ta registered medical practitioner as defined in the Medical Council Act, 1973 (XXX of 1973), or a person authorised to prescribe antibiotic and dangerous drugs under the Allopathic System (Prevention of Misuse) Ordinance, 1962 (LXV of 1962), who dispenses medicine to his own patients or serves his own prescriptions; (b)\ta person who deals in non-poisonous household remedies in original and unopened container at any store or place or prepares non-poisonous household remedies in accordance with the rules made under the Drugs Act, 1940 (XXIII of 1940); (c)\ta person who manufactures, sells or distributes drugs and medicines which fall exclusively under the unani, ayurvedic, bio-chemic or homeopathic system of medicine; (d)\ta person engaged as a health or veterinary technician in a Government Hospital or institution ; and (e) \ta foreign pharmacist who is engaged, with the approval of the Council, for the purposes of consultation, advice or instruction.",
"name": "Prohibition of practice without registration",
"related_acts": "324,188",
"section_id": 30
},
{
"act_id": 513,
"details": "31. No court shall take cognizance of an offence under this Ordinance except upon a complaint in writing made by an Inspector appointed under the Drugs Act, 1940 (XXIII of 1940), or an officer especially empowered in this behalf by the Government.",
"name": "Cognizance of offences, etc.",
"related_acts": "188",
"section_id": 31
},
{
"act_id": 513,
"details": "32. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 32
},
{
"act_id": 513,
"details": "33. (1) The Council may, with the previous approval of the Government, make regulations for carrying out the purposes of this Ordinance. (2) In particular and without 9prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:ÔÇö (a)\tthe procedure for the meeting of the Council and its committees; (b) \tthe management of the property of the Council; (c) \tmaintenance and audit of the accounts of the Council; (d) \tthe procedure for election of the Vice-President; (e) \tthe powers and duties of the President, Vice-President and members of the Council; (f) \tthe terms and conditions of service of the Secretary and other officers and staff of the Council; (g) \tfees to be prescribed under this Ordinance; (h) \tsuch other matters as are required by this Ordinance to be provided for by regulations or are considered necessary for the efficient performance of the functions of the Council. (3) Until such time as the regulations are made, the President of the Council may issue such instructions as he may consider necessary to regulate all or any of the matters specified in sub-section (2); and any such instructions shall stand rescinded upon the making of the regulations by the Council.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 33
},
{
"act_id": 513,
"details": "34. (1) The Pharmacy Act, 1967 (XI of 1967), hereinafter referred to as the said Act, is hereby repealed. (2) Upon the repeal of the said Act,ÔÇö (a)\tall assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash and bank balances, funds and all other interests in, or arising out of, such property of the Pharmacy Council of Pakistan in Bangladesh and of the Pharmacy Council of East Pakistan, hereinafter referred to as the Pharmacy Councils, shall stand transferred to, and vest in, the Council; (b) \tall debts, liabilities and obligations of whatever kind of the Pharmacy Councils subsisting immediately before the establishment of the Council shall, unless the Government otherwise directs, be the debts, liabilities, and obligations of the Council; (c) \tall officers and staff of the Pharmacy Councils shall stand transferred to and become officers and staff of the Council and shall hold office on the same terms and conditions as were enjoyed by them immediately before the establishment of the Council and shall continue to do so until their terms and conditions are duly altered by the Council: Provided that an officer or staff so transferred shall have the option not to continue in the service of the Council; (d)\tall suits and other legal proceedings instituted by or against the Pharmacy Councils immediately before the establishment of the Council shall be deemed to have been instituted by or against the Council; and (e)\tnotwithstanding the repeal of the said Act under sub-section (1), the ad hoc Committee constituted by the Government under Notification No. S-IV/2C-31/72-332, dated the 5th August, 1972, shall continue in office until such time as the Council is constituted under section 4 of this Ordinance.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 34
}
],
"text": "An Ordinance to establish a Pharmacy Council to regulate the practice of pharmacy. WHEREAS it is expedient to establish a Pharmacy Council to regulate the practice of pharmacy and to provide for matters connected therewith and inciden¬tal thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:—"
} |
{
"id": 514,
"lower_text": [
"1 Section 8 was substituted by section 2 of the Delimitation of Constituencies (Amendment) Ordinance, 1978 (Ordinance No. XXXVII of 1978)",
"2 Sub-section (2) and (3) were substituted for sub-section (2) by section 2 of the Delimitation of Constituencies (Amendment) Act, 1991 (Act No. XI of 1991)"
],
"name": "The Delimitation of Constituencies Ordinance, 1976",
"num_of_sections": 8,
"published_date": "5th March, 1976",
"related_act": [
514
],
"repelled": true,
"sections": [
{
"act_id": 514,
"details": "1. This Ordinance may be called the Delimitation of Constituencies Ordinance, 1976.",
"name": "Short title",
"related_acts": "514",
"section_id": 1
},
{
"act_id": 514,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context, “Commission” means the Election Commission within the meaning of the Constitution.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 514,
"details": "3. Subject to the provisions of this Ordinance, the Commission shall regulate its own procedure.",
"name": "Procedure of the Commission",
"related_acts": "",
"section_id": 3
},
{
"act_id": 514,
"details": "4. The Commission may authorise its Chairman or any Election Commissioner or any of its officers to exercise and perform all or any of its powers and functions under this Ordinance.",
"name": "Delegation of Powers",
"related_acts": "",
"section_id": 4
},
{
"act_id": 514,
"details": "5. (1) The Commission may require any person or authority to perform such functions or render such assistance for the purposes of this Ordinance 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": "Assistance to the Commission",
"related_acts": "",
"section_id": 5
},
{
"act_id": 514,
"details": "6. (1) The Commission shall, for the purpose of elections to the seats in Parliament, divide the country into as many single territorial constituencies as the number of members to be elected under clause (2) of Article 65 of the Constitution. (2) The Constituencies shall be so delimited, having regard to administrative convenience, that each constituency is a compact area and in doing so due regard shall be had, as far as practicable, to the distribution of population as given in the latest census report. (3) The Commission shall, after making such enquiries and examining such records as it may deem necessary, publish in the official Gazette a preliminary list of territorial constituencies specifying the areas proposed to be included in each such constituency together with a notice inviting objections and suggestions within such period as may be specified in the notice. (4) The Commission shall, after hearing and considering the objections and suggestions, if any, received by it, make such amendments, alterations or modifications in the preliminary list published under sub-section (3) as it thinks fit and shall, also after correcting any errors arising from any accidental slip or omission, publish in the official Gazette the final list of territorial constituencies showing the areas included in each such constituency.",
"name": "Delimitation of Constituencies, etc.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 514,
"details": "7. The validity of the delimitation or formation of any constituency, or of any proceedings taken or anything done by or under the authority of the Commission, under this Ordinance shall not be called in question in or before any Court or other authority.",
"name": "Proceedings of Commission not questionable",
"related_acts": "",
"section_id": 7
},
{
"act_id": 514,
"details": "1 8. (1) The territorial constituencies shall be delimited afresh- (a) upon the completion of each census, for the purpose of general election to Parliament to be held following such census; and (b) unless otherwise directed by the Commission for reasons to be recorded in writing, before each general election to Parliament. 2 (2) Notwithstanding anything contained in this Ordinance, the territorial constituencies published by the Commission in the Bangladesh Gazette, Extraordinary, dated Thursday, the 20th September, 1984, being Notification নং এফ ১(৩)/৮৪-নি-১,তারিখ ২০শে সেপ্টেম্বর, 1984 Bs shall be deemed to be the territorial constituencies delimited for the purpose of the general election to Parliament to be held next following the commencement of the Delimitation of the Constituencies (Amendment) Ordinance, 1990 (অধ্যাদেশ নং ২৭, ১৯৯০). (3) For removal of doubt, it is hereby declared that the territorial constituencies deemed to have been delimited under sub-section (2) shall consist of exactly the same territorial areas as were included in such constituencies at the time when the notification mentioned in sub-section (2) was published, notwithstanding any changes in the names or areas of any City Corporations, Zilas, Municipalities, Upazilas, Thanas, Unions, or Mouzas, as the case may be, included in such constituencies at that time, made by or under any law after the publication of the said notification, as if there were no such changes therein: Provided that the Commission may, if it deems fit, publish in the official Gazette the list of the territorial constituencies deemed to have been delimited under sub-section (2) describing the areas included in the said constituencies.",
"name": "Fresh delimitation of constituencies",
"related_acts": "",
"section_id": 8
}
],
"text": "An Ordinance to provide for the delimitation of constituencies for elections to Parliament. WHEREAS it is expedient to provide for the delimitation of constituencies for elections to Parliament and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 515,
"lower_text": [],
"name": "The Statutory Corporations (Delegation of Powers) (Repeal) Ordinance, 1976",
"num_of_sections": 2,
"published_date": "10th March, 1976",
"related_act": [
515
],
"repelled": false,
"sections": [
{
"act_id": 515,
"details": "1. This Ordinance may be called the Statutory Corporations (Delegation of Powers) (Repeal) Ordinance, 1976.",
"name": "Short Title",
"related_acts": "515",
"section_id": 1
},
{
"act_id": 515,
"details": "2. The Statutory Corporations (Delegation of Powers) Ordinance, 1975 (XXXVIII of 1975), is hereby repealed.",
"name": "Repeal of Ordinance XXXVIII of 1975",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the Statutory Corporations (Delegation of Powers) Ordinance, 1975. WHEREAS it is expedient to repeal the Statutory Corporations (Delegation of Powers) Ordinance, 1975 (XXXVIII of 1975); NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 516,
"lower_text": [
"1 The words “Assistant Judge” were substituted for the word “Munsif” by section 3 of the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987)",
"2 The words “Assistant Judge” were substituted for the word “Munsif” by section 3 of the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987)"
],
"name": "The Alienation of Land (Distressed Circumstances) (Restoration) Ordinance, 1976",
"num_of_sections": 9,
"published_date": "29th April, 1976",
"related_act": [
241,
516
],
"repelled": false,
"sections": [
{
"act_id": 516,
"details": "1. This Ordinance may be called the Alienation of Land (Distressed Circumstances) (Restoration) Ordinance, 1976.",
"name": "Short title",
"related_acts": "516",
"section_id": 1
},
{
"act_id": 516,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“agricultural land” means land which is used for purposes connected with agriculture or horticulture and includes a homestead as defined in the State Acquisition and Tenancy Act, 1950 (E.B. Act XXVIII of 1951); (b) \t“authorised Officer” means any officer authorised by the Government; (c) \t“period of economic distress” means the period commencing the 1st April, 1974, and ending the 31st day of December, 1974; and (d) \t“transferee”, in relation to a land in respect of which the application for restoration has been made under section 4, includes, if the land is in possession of any person other than the transferee, such person.",
"name": "Definitions",
"related_acts": "241",
"section_id": 2
},
{
"act_id": 516,
"details": "3. (1) Notwithstanding anything contained in any other law for the time being in force, all agricultural lands transferred by sale for consideration during the period of economic distress for reasons of such distress shall, on application made in this behalf, be liable to be restored to the transferor with the provisions of this Ordinance. (2) For the purpose of this Ordinance, transfer of agricultural land within the period of economic distress shall be deemed to have been made for reasons of such economic distress if the transferor and the members of his family do not in the aggregate own, after the transfer, more than three acres of such land. (3) For the purpose of this section, “family”, in relation to a transferor, includes his wife, son, unmarried daughter, but does not include an adult and married son who has been living in a separate mess independently of his parents continuously for five years, and the wife, son and unmarried daughter of such son.",
"name": "Liability to restoration of alienated land",
"related_acts": "",
"section_id": 3
},
{
"act_id": 516,
"details": "4. (1) A person who seeks restoration of agricultural land transferred by him during the period of economic distress for reasons of such distress may, within a period of six months from the commencement of this Ordinance, make an application to the authorised officer for the restoration of the land so transferred stating therein- (a)\tthe name of the transferee and, if such land is in possession of any person other than the transferee, the name of that person; (b) \tthe date of transfer; (c) \tthe amount of consideration of such land. (2) Upon receipt of an application under sub-section (1), the authorised officer shall, if he is satisfied after giving the transferee an opportunity of being heard that the land to which the application relates is liable to be restored under section 3, by order in writing,- (a)\tdirect the transferee to restore the land to the applicant and do such other acts that may be necessary for effective restoration as may be specified in order; and (b)\tfor the purpose of payment to the transferee direct the applicant to pay in such manner as may be specified in the order,- (i)\tone-sixth of the amount of consideration for which the land was transferred by the applicant in cash, by date specified in the order; and (ii)\tthe remaining five-sixths of the said amount of consideration together with interest on such amount at the rate of six and one-fourth per cent per annum from the date of the receipt of the amount by the applicant on account of the transfer of the land less the sum determined by the authorised officer of the net income, if any, derived from the land by the transferee, by five annual equal instalments: Provided that the first of the aforesaid instalments shall be payable on a date not later than the first day of Baishakh next following the date of the order.",
"name": "Procedure for restoration",
"related_acts": "",
"section_id": 4
},
{
"act_id": 516,
"details": "5. (1) When the authorised officer makes an order under sub-section (2) of section 4 restoring any agricultural land, such order shall take effect on the 1st day of Baishakh next following the date of the order. (2) If, on or before the date on which an order under sub-section (2) of section 4 takes effect, the land to which the order relates has not been restored as required by the order, the authorised officer may, on his motion, and shall, on the application of such person, restore the land to the applicant by evicting the person in possession of the land, and for such eviction the authorised officer may use such force as may be necessary.",
"name": "Effect of order for the restoration",
"related_acts": "",
"section_id": 5
},
{
"act_id": 516,
"details": "6. Any sum payable under an order made under sub-section (2) of section 4 shall be recoverable as a public demand.",
"name": "Recovery of sums as a public demand",
"related_acts": "",
"section_id": 6
},
{
"act_id": 516,
"details": "7. No person to whom any agricultural land has been restored by an order under sub-section (2) of section 4 shall, as long as there remains unpaid any sum payable by such person under the order made under that sub-section, transfer or create any charge upon such land or any portion thereof and, notwithstanding anything contained in any other law for the time being in force, any transfer made or charge created shall be void.",
"name": "Prohibition of alienation",
"related_acts": "",
"section_id": 7
},
{
"act_id": 516,
"details": "8. An appeal against an order passed by the authorised officer under this Ordinance, if preferred within thirty days of the date of such order, shall lie to the 1Assistant Judge having territorial jurisdiction and the order of the 2Assistant Judge on such appeal shall be final.",
"name": "Appeal",
"related_acts": "",
"section_id": 8
},
{
"act_id": 516,
"details": "9. Except as provided in section 8, any order passed, any action taken or anything done under the provisions of this Ordinance shall not be called in question in any court.",
"name": "Jurisdiction of court barred",
"related_acts": "",
"section_id": 9
}
],
"text": "An Ordinance to provide for the restoration of agricultural lands transferred for reasons of economic distress. WHEREAS it is expedient for the restoration of agricultural lands transferred during the period of economic distress for reasons of such distress; NOW, THEREFORE, in pursuance of the proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 517,
"lower_text": [
"1 The words “one hundred and twelve kilograms” were substituted for the words “three maunds” by section 2 of the Supreme Court Judges (Travelling Allowances) (Amendment) Ordinance, 1984 (Ordinance No. III of 1984)",
"2 The words “one hundred and twelve kilograms” were substituted for the words “three maunds” by section 3 of the Supreme Court Judges (Travelling Allowances) (Amendment) Ordinance, 1984 (Ordinance No. III of 1984)",
"3 The words “taka one per kilometer” were substituted for the words “Taka one and paisa fifty per mile” by section 4 of the Supreme Court Judges (Travelling Allowances)(Amendment) Ordinance, 1984 (Ordinance No. III of 1984)",
"4 The words “forty-five kilograms” were substituted for the words “one hundred pounds” by section 5 of the Supreme Court Judges (Travelling Allowances) (Amendment) Ordinance, 1984 (Ordinance No. III of 1984)",
"5 Section 10 was substituted by section 2 of the Supreme Court Judges (Travelling Allowances)(Amendment) Act, 2002 (Act No. V of 2002)",
"6 The words “two thousand two hundred fifty-nine kilograms” were substituted for the words “sixty maunds” by section 7 of the Supreme Court Judges (Travelling Allowances)(Amendment) Ordinance, 1984 (Ordinance No. III of 1984)",
"7 Sections 13A and 13B were inserted by section 8 of the Supreme Court Judges (Travelling Allowances)(Amendment) Ordinance, 1984 (Ordinance No. III of 1984)"
],
"name": "The Supreme Court Judges (Travelling Allowances) Ordinance, 1976",
"num_of_sections": 17,
"published_date": "14th May, 1976",
"related_act": [
517
],
"repelled": true,
"sections": [
{
"act_id": 517,
"details": "1. This Ordinance may be called the Supreme Court Judges (Travelling Allowances) Ordinance, 1976.",
"name": "Short title",
"related_acts": "517",
"section_id": 1
},
{
"act_id": 517,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context, “Judge” means a Judge of a Division of the Supreme Court, and includes the Chief Justice and an Additional Judge of such Court.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 517,
"details": "3. Travelling allowances of a Judge travelling on duty in Bangladesh shall be determined in accordance with the provisions of sections 4 to 9. Explanation.- The expression “travelling on duty” shall include travels within Bangladesh during vacation of a Judge, not being a vacation Judge,- (a) \tfor doing duty during vacation in the Supreme Court; (b) \tfor performing the functions of the office or post to which he may be appointed during his period of service as Judge; and (c) \tfor returning after doing such duty or performing such functions to the place from where the journey was undertaken for the purpose.",
"name": "Travel on duty",
"related_acts": "",
"section_id": 3
},
{
"act_id": 517,
"details": "4. When travelling by railway, a Judge shall be entitled to- (1)\t(a)\ta first class two-berth compartment or a coupe-compartment in an air-conditioned coach reserved on High Official Requisition, without payment of any fare for himself; or (b)\tthe reimbursement of one first class fare, including air-condition surcharge, if any, he pays for himself; (2)\tthe reimbursement of fare for two servants, if actually paid, at the lowest class rate; and (3)\tthe reimbursement of the expenses actually incurred in carrying luggage, not exceeding 1one hundred and twelve kilograms, exclusive of free allowance.",
"name": "Travel by railway",
"related_acts": "",
"section_id": 4
},
{
"act_id": 517,
"details": "5. When travelling by steamer, a Judge shall be entitled to- (1)\t(a)\ta first class cabin reserved on High Official Requisition, without payment of any fare for himself; or (b)\tthe reimbursement of one first class fare he actually pays for himself; (2) \tthe reimbursement of fare for two servants, if actually paid, at the lowest class rate, subject to usual deductions on account of messing charges, if any; and (3)\tthe reimbursement of the expenses actually incurred in carrying luggage, not exceeding 2one hundred and twelve kilograms, exclusive of free allowance.",
"name": "Travel by steamer",
"related_acts": "",
"section_id": 5
},
{
"act_id": 517,
"details": "6. Any person (other than the servants) travelling with a Judge in reserved accommodation allowed under sections 4 and 5 shall pay the usual fare by purchase of first class ticket.",
"name": "Travel by railway or steamer in reserved accommodation",
"related_acts": "",
"section_id": 6
},
{
"act_id": 517,
"details": "7. When travelling by road, a Judge shall be entitled to mileage allowance at the rate of 3taka one per kilometre.",
"name": "Travel by road",
"related_acts": "",
"section_id": 7
},
{
"act_id": 517,
"details": "8. (1) When travelling by air, a Judge shall be entitled to- (a)\tthe reimbursement of one air fare actually paid by him; (b)\tthe reimbursement of the actual cost of transporting luggage up to 4forty-five kilograms inclusive of free luggage allowance admissible on a ticket; and (c)\tthe reimbursement of fare for two servants by rail, steamer or bus, if actually paid, at the lowest class rate, subject to usual deductions on account of messing charges, if any. (2) In the case of return journey by scheduled flights, a Judge should purchase a return ticket, if this involves a saving. (3) In the case of air journey performed as a part of, or as a link in, a journey, a Judge shall be entitled to the same privileges in respect of servants and luggage as he is entitled to in the case of a railway journey. (4) The following certificate of the Judge should be appended to every travelling allowance bill for his travels involving air journey:- “I certify that I have actually paid the amount of this bill and that it does not include any charge for the freight of any stores or goods, other than personal luggage, or any charge for refreshments, hotels or staging bungalows, other than what is included on that account in air fare itself.”",
"name": "Travel by air",
"related_acts": "",
"section_id": 8
},
{
"act_id": 517,
"details": "9. (1) A Judge shall be entitled to recover the actual cost incurred by him for transport, by closed railway van or steamer, at owner's risk, of his own car, including the fare at the lowest class rate for one driver or cleaner for the car. (2) A Judge may hire a taxi for journeys performed on duty at the place of halt while on tour and may recover, in lieu of costs allowed under sub-section (1) the expenditure actually incurred by him on the taxi hire: Provided that the total amount recoverable for hire charges shall not exceed the cost of transporting his own car from his headquarters to the place of halt.",
"name": "Transport of Conveyance",
"related_acts": "",
"section_id": 9
},
{
"act_id": 517,
"details": "510. A Judge shall be entitled to daily allowance at the rate of taka four hundred per diem in respect of any period of halt on duty including holidays, outside the headquarters of the Supreme Court.",
"name": "Daily Allowance",
"related_acts": "",
"section_id": 10
},
{
"act_id": 517,
"details": "11. When proceeding on or returning from leave, or when returning to resume duty after vacation spent outside Bangladesh, or when returning to his place of residence after retirement, a Judge shall be entitled for journeys in Bangladesh,- (a)\tif he travels by railway or steamer, to a first class two-berth compartment or a coupe compartment in an air-conditioned coach, or a first class cabin, reserved on High Official Requisition, without payment of any fare for himself; and (b)\tif he travels by air, to the reimbursement of one air fare actually paid by him.",
"name": "Travel when not on duty",
"related_acts": "",
"section_id": 11
},
{
"act_id": 517,
"details": "12. (1) When a person already in Government service, on being appointed as a Judge, travels to join his post, he shall be deemed to be a Government servant on transfer and his travelling allowances shall be determined accordingly. (2) Such person may, at his option and in lieu of drawing travelling allowances under sub-section (1) claim the same privileges as are specified in section 13.",
"name": "Travel by a person being a Government servant to join post when appointed as Judge",
"related_acts": "",
"section_id": 12
},
{
"act_id": 517,
"details": "13. When a person not already in Government service is appointed to be a Judge, he shall, when travelling to join his post, be entitled,- (1)\tif he travels by rail or steamer, to- (a) (i) \ta first class two-berth compartment or a coupe compartment in an air-conditioned coach, or a first class cabin, reserved on High Official Requisition, without payment of any fare for himself; or (ii)\tthe reimbursement of the actual first class fare including air condition surcharge, if any, he actually pays for himself; and (b)\tthe reimbursement of the first class fares, if actually paid, for his wife and children, including his step-children, ordinarily residing with him; (c)\tthe reimbursement of the fares, if actually paid, for personal servants, not exceeding three in number, by road, rail or steamer, at the lowest class rate; (d) \tthe reimbursement of the cost of carrying personal effects not exceeding 6two thousand two hundred fifty-nine kilograms by road or by goods train or steamer at owner's risk; and (e) \tthe reimbursement of the cost of carrying his own motor car by passenger train or steamer at owner's risk; (2)\tIf he travels by air, he shall be entitled to- (a)\tthe reimbursement of his actual air fares at first class rate paid for himself, his wife and children, including step-children, ordinarily residing with him; (b) \tthe reimbursement of the fares, if actually paid, for personal servants, not exceeding three in number, by road, rail or steamer, at the lowest class rate; (c) \tthe reimbursement of the cost of carrying his own motor car by passenger train or steamer at owner's risk.",
"name": "Travel by a person not being a Government servant to join post when appointed as Judge",
"related_acts": "",
"section_id": 13
},
{
"act_id": 517,
"details": "713A. (1) A Judge on transfer shall be entitled to a joining time to enable him to join the new post to which he is appointed. (2) The period of joining time to which a Judge is entitled shall be determined as follows:- (a)\tfor preparation, six days; and (b)\tfor the journey, one day for every twenty-four hours or fraction thereof spent in the journey. (3)\tNotwithstanding anything contained in this section, the authority ordering posting of a Judge may, in any case, curtail or extend the period of joining time.",
"name": "Joining time on transfer",
"related_acts": "",
"section_id": 14
},
{
"act_id": 517,
"details": "13B. (1) Travelling allowances of a Judge travelling on transfer shall be determined in accordance with the following provisions. (2) When travelling by railway, a Judge shall be entitled to- (a)\ta first class two-berth compartment or coupe-compartment in an air-conditioned coach reserved on High Official Requisition without payment of any fare for himself, or the reimbursement of the fare, if any, he pays for himself; (b) \ttwo extra fares of the highest class for himself; and (c)\tthe reimbursement of the fares of the highest class paid for the members of his family. (3) When travelling by steamer, a Judge shall be entitled to- (a)\ta first class or air-conditioned two-berth cabin reserved on High Official Requisition, without payment of any fare for himself; or the reimbursement of the fare, if any, he pays for himself; (b)\ttwo extra fares of the highest class for himself; and (c)\tthe reimbursement of the fares of the highest class paid for the members of his family. (4) When travelling by road, a Judge shall be entitled to- (a)\tthe kilometre allowance at the rate of taka one per kilometre; (b) \tone extra kilometre allowance for himself; (c) \tone extra kilometre allowance if two members of his family accompany him and another extra kilometre allowance, if more than two such members accompany him; and (d) \tthe reimbursement of ferry charges paid for himself and the members of his family and for the car. (5) When travelling by air, a Judge shall be entitled to- (a)\tthe reimbursement of the air fare paid for himself; (b) \tone extra air fare for himself; (c) \tthe reimbursement of the air fares paid for the members of his family; and (d)\tthe reimbursement of the embarkation fees paid for himself and the members of his family. (6) A Judge on transfer shall be entitled to the reimbursement of fare for one servant, if paid, at the lowest class rate of the railway, steamer or bus by which the servant actually travelled. (7) A Judge on transfer shall be entitled to the reimbursement of- (a)\tthe expenses for carrying his own motor car, by closed railway van or steamer, at owner's risk; (b) \tthe fare for one driver or cleaner for the car, if paid, at the lowest class rate of the railway, steamer or bus by which he actually travelled; (c) \tthe expenses for carrying personal effects up to two thousand two hundred and fifty-nine kilograms by reserved boggie or luggage van in train or by steamer or by reserved truck; and (d) \tthe expenses for carrying personal effects up to fifty kilograms excluding the free baggage admissible on each ticket while travelling by air. (8) A Judge on transfer shall be entitled to a sum of taka two hundred for packing and crating of his personal effects. Explanation.- In this section, a Judge's family includes, provided they are residing with and wholly dependent upon him, his wife (but not more than one wife), his legitimate children and step children.",
"name": "Travel on transfer",
"related_acts": "",
"section_id": 15
},
{
"act_id": 517,
"details": "14. When a journey can be performed by two or more routes, travelling allowance should be claimed by the shortest or the cheapest route.",
"name": "Travel by shortest route",
"related_acts": "",
"section_id": 16
},
{
"act_id": 517,
"details": "15. The High Court Judges (Travelling Allowances) Order, 1965 (P.O. No. 4 of 1965), and the Supreme Court Judges (Travelling Allowances) Rules, 1958, are hereby repealed.",
"name": "Repeal",
"related_acts": "",
"section_id": 17
}
],
"text": "An Ordinance to determine travelling allowances payable to the Judges of the Supreme Court. WHEREAS it is expedient to determine travelling allowances payable to the Judges of the Supreme Court and for matters connected therewith; NOW, THEREFORE, in pursuance of the proclamations of the 20th August, 1975 and the 8th November, 1975 and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 518,
"lower_text": [
"1 The words, figures, brackets and comma “section 2(d) (2(N) ধারা) of ড়ভ কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন)চ্ were substituted for the words, figures, brackets and comma “ section 2 (2) of the Companies Act, 1913 (VII of 1913)” by section 2 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"2 The words, figures, brackets and comma “within the meaning of কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন)চ্ were substituted for the words, figures, brackets and comma “clause (14) of section 2 of the Companies Act, 1913 (VII of 1913)” by section 2 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"3 Clause (uu) was inserted by section 2 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"4 The words, comma, figures and brackets আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন)চ্ were substituted for the words, comma, figures and brackets “the Banking Companies Ordinance, 1962 (LVII of 1962)” by section 3 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"5 The words, comma, figures and brackets ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন)were substituted for the words, comma, figures and brackets “the Banking Companies Ordinance, 1962 (LVII of 1962)” by section 4 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"6 Sub-section (2) was substituted by section 5 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"7 Sub-section (5) was substituted by section 6 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"8 Section 19 was substituted by section 7 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"9 Section 20 was substituted by section 8 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"10 Clause (11a) was inserted by section 9 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"11 Clause (16a) was inserted by section 9 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"12 Section 21A was inserted by section 10 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"13 The existing provision was re-numbered as sub-section (1) of that section by section 2 and the Schedule of the Financial Institutions Laws Amendment Ordinance, 1977 (Ordinance No. LXI of 1977)",
"14 The commas, words, brackets and figure “, subject to the provisions of sub-section (2),” were inserted by section 2 and the Schedule of the Financial Institutions Laws Amendment Ordinance, 1977 (Ordinance No. LXI of 1977)",
"15 Sub-section (2) was inserted by section 2 and the Schedule of the Financial Institutions Laws Amendment Ordinance, 1977 (LXI of 1977)",
"16 Sub-section (3) was added by section 11 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"17 Clause (a) was substituted by section 12 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"18 Sub-sections (1) and (1A) were substituted for sub-section (1) by section 13 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"19 The words and commas “Corporation or, as the case may be, subsidiary” were substituted for the word “Corporation” by section 14 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)",
"20 Section 37 was substituted by section 15 of the Investment Corporation of Bangladesh (Amendment) Act, 2000 (Act No. XXIV of 2000)"
],
"name": "The Investment Corporation of Bangladesh Ordinance, 1976",
"num_of_sections": 38,
"published_date": "22nd June, 1976",
"related_act": [
416,
417,
518,
175,
560,
788,
377,
442,
415
],
"repelled": true,
"sections": [
{
"act_id": 518,
"details": "1. (1) This Ordinance may be called the Investment Corporation of Bangladesh Ordinance, 1976. (2) It shall extend to the whole of Bangladesh and shall also apply to the business of the Corporation transacted outside Bangladesh.",
"name": "Short title and extent",
"related_acts": "518",
"section_id": 1
},
{
"act_id": 518,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,— (a) “advance” means a loan for purposes of investment; (b) “Bangladesh Bank” means the Bangladesh Bank established under the Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972); (c) “Board” means the Board of Directors of the Corporation; (d) “bond” means a bond of any description issued by any institution or by the Government; (e) “Chairman” means the Chairman of the Board; (f) “company” means a company as defined in 11 section 2(d) (2(N) aviv) of ধারা) ড়ভ কোম্পানী আইন, 1994 (1994 সনের ১৮ নং আইন, and includes a body corporate established or incorporated under any other law for the time being in force in Bangladesh; (g) “Corporation” means the Investment Corporation of Bangladesh established under this Ordinance; (h) “debenture” means debenture issued by any company or institution in Bangladesh in accordance with the rules for the time being applicable to the issue of debentures and includes debenture stock; (i) “Deposit Account” means an account maintained by the Corporation of the cash deposits made with it for purposes of investment; (j) “Director” means a Director of the Corporation; (k) “investment” means investment in the equity or debentures and other securities of any company or institution; (l) “Managing Director” means the Managing Director of the Corporation and includes any person for the time being authorised to discharge the functions of the Managing Director; (m) “prescribed” means prescribed by rules or regulations; (n) “prospectus” means a prospectus as defined in 22 within the meaning of কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন; (o) “regulations” means regulations made under this Ordinance; (p) “rule” means a rule made under this Ordinance; (q) “scheduled bank” has the same meaning as is assigned to it in the Bangladesh Bank Order, 1972 (P.O. No. 127 of 1972); (r) “securities” include any note, stock, bond, debenture, evidence of indebtedness, transferable share, investment contract, certificate of deposit for a security, a certificate of interest or participation in any profit sharing agreement; (s) “share” means share of any joint stock company registered in Bangladesh; (t) “Shilpa Bank” means the Bangladesh Shilpa Bank established under the Bangladesh Shilpa Bank Order, 1972 (P.O. No. 129 of 1972); (u) “Shilpa Rin Sangstha” means the Bangladesh Shilpa Rin Sangstha established under the Bangladesh Shilpa Rin Sangstha Order, 1972 (P.O. No. 128 of 1972); 33 (uu) ‘Subsidiary' means a subsidiary company established under section 21A (1) of the Ordinance; (v) “underwriting” means contracting, with or without conditions, to purchase or subscribe for stocks, shares, bonds, debentures or other securities issued by any company or institution with a view to holding, selling or distributing the whole or part thereof.",
"name": "Definitions",
"related_acts": "415,788,415,417,416",
"section_id": 2
},
{
"act_id": 518,
"details": "3. (1) As soon as may be after the coming into force of this Ordinance, the Government shall establish, by notification in the official Gazette, a Corporation to be called the Investment Corporation of Bangladesh for the purposes of this Ordinance. (2) The Corporation shall be a body corporate by the name of the Investment Corporation of Bangladesh, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of any property and shall, by the said name, sue and be sued. (3) The Corporation shall be deemed to be a banking company within the meaning of 4 ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন).",
"name": "Establishment and incorporation",
"related_acts": "",
"section_id": 3
},
{
"act_id": 518,
"details": "4. (1) The authorised share capital of the Corporation shall be Taka twenty crores divided into twenty lakh ordinary shares of Taka one hundred each: Provided that the Government may, from time to time, increase the authorised capital. (2) The paid-up share capital of the Corporation shall, in the first instance, be Taka five crores fully paid-up, and may, with the approval of the Government, be increased from time to time. (3) The share capital of the Corporation shall be subscribed in the following manner, namely:ÔÇö (a)\ttwenty-seven per cent by the Government; (b)\ttwenty-four per cent by the Bangladesh Bank, the Shilpa Bank and the Shilpa Rin Sangstha in such proportion as the Government may direct; (c)\tforty-nine per cent by the new banks established under the Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972), the insurance companies and the general public in such proportion as the Government may direct. (4) The shares of the Corporation shall be listed on the Stock Exchange in Bangladesh.",
"name": "Share capital",
"related_acts": "377",
"section_id": 4
},
{
"act_id": 518,
"details": "5. The shares of the Corporation shall be deemed to be included among the securities enumerated in section 20 of the Trust Act, 1882 (II of 1882), and to be approved securities for the purpose of the Insurance Act, 1938 (IV of 1938), and 5 ব্যাংক কোম্পানী আইন, ১৯৯১ (১৯৯১ সনের ১৪ নং আইন).",
"name": "Shares deemed to be securities under certain Acts",
"related_acts": "175",
"section_id": 5
},
{
"act_id": 518,
"details": "6. Every share of the Corporation shall be assigned a number and shall be distinguished by such number.",
"name": "Numbering of shares",
"related_acts": "",
"section_id": 6
},
{
"act_id": 518,
"details": "7. The Corporation shall maintain at its head office a register of shareholders.",
"name": "Register of shareholders",
"related_acts": "",
"section_id": 7
},
{
"act_id": 518,
"details": "8. (1) No person shall be qualified to be registered as a shareholder who is not, under any law relating to contracts for the time being in force, competent to enter into a contract. (2) If at any time after the registration of a person as a shareholder, it is found that he was not, at the time of registration, qualified to be so registered, he shall not be entitled to exercise any of the rights of a shareholder otherwise than for the purpose of sale of his shares under the orders of a competent Court.",
"name": "Qualification of shareholders",
"related_acts": "",
"section_id": 8
},
{
"act_id": 518,
"details": "9. The Corporation shall not enter in its register of shareholders any notice of any trust express, implied or constructive, nor be under any obligation to receive any such notice.",
"name": "Notice regarding trust",
"related_acts": "",
"section_id": 9
},
{
"act_id": 518,
"details": "10. (1) The head office of the Corporation shall be located at Dacca. (2) The Corporation may establish such regional and other offices, branches and agencies as the Board may think fit.",
"name": "Office, branches, etc.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 518,
"details": "11. (1) The general superintendence, direction and management of the affairs and business of the Corporation shall vest in a Board which shall exercise all such powers and do all such acts and things as may be exercised or done by the Corporation. 6(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 considerations with due regard to the interests of industry, commerce, depositors, investors and to the public in general. (3) Until the first Board is appointed under section 12, the Managing Director shall exercise all powers and do all acts and things as may be exercised or done by the Board.",
"name": "Direction and superintendence",
"related_acts": "",
"section_id": 11
},
{
"act_id": 518,
"details": "12. (1) The Board shall consist of the following Directors, namely:ÔÇö (a)\tthe Chairman to be appointed by the Government; (b)\ttwo Directors to be appointed by the Government from amongst persons serving under the Government; (c) \tone Director to be nominated by the Bangladesh Bank; (d) \tthe Managing Director, Shilpa Bank, ex-officio; (e) \tthe Managing Director, Shilpa Rin Sangstha, ex-officio; (f) \tfour Directors to be elected by the shareholders other than the Government, Bangladesh Bank, Shilpa Bank and the Shilpa Rin Sangstha; (g) \tthe Managing Director to be appointed by the Government: Provided that in constituting the Board for the first time, the Government shall appoint four Directors in place of the Directors required to be elected under clause (f) of sub-section (1). (2) The Director nominated under clause (c) of sub-section (1) shall hold office during the pleasure of the authority which nominated him. (3) A Director elected under clause (f) of sub-section (1) shall hold office for a term of three years and shall continue in office thereafter until his successor is elected and shall also be eligible for re-election. (4) A casual vacancy in the office of an elected Director shall be filled by election and the person elected to fill such vacancy shall hold office for the unexpired period of his predecessor: Provided that it shall not be necessary to fill a vacancy for a period not exceeding three months. (5) The Managing Director shall be the Chief Executive Officer of the Corporation. (6) The Managing Director or 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": "Board",
"related_acts": "",
"section_id": 12
},
{
"act_id": 518,
"details": "13. (1) No person shall be or shall continue to be a Director who- (a)\tis or has at any time been convicted of an offence which, in the opinion of the Government, is an offence involving moral turpitude; or (b)\tis a minor; or (c)\tstands declared by a competent court to be 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 Corporation 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 Corporation; or (h) \tin the case of an elected Director, ceases to hold in his own name or in the name of the institution he represents the minimum number of shares required to qualify him for election. (2) No person shall be elected or qualified for election as Director who does not hold in his own name or in the name of the institution he represents unencumbered shares of the Corporation of the nominal value of Taka twenty-five thousand.",
"name": "Qualifications and disqualifications of Directors",
"related_acts": "",
"section_id": 13
},
{
"act_id": 518,
"details": "14. (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 five. (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. 7(5) If, for any reason, the Chairman is unable to be present at the meeting of the Board, a Director, other than the Managing Director, chosen by the Directors present shall preside over the meeting. (6) No act or proceeding of the Board or of any person acting in good faith as a Director, shall be invalid or questioned merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the Board or of any defect in the appointment or qualification of the Director.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 14
},
{
"act_id": 518,
"details": "15. (1) The Board shall constitute an Executive Committee consisting of not more than five members to assist it in the discharge of the functions under this Ordinance and shall also nominate its Chairman. (2) The members of the Executive Committee shall hold office for such period as the Board may decide. (3) The minutes of every meeting of the Executive Committee shall be laid before the Board for information at its meeting next following the meeting of the Committee. (4) Subject to the general or special directions of the Board, the Executive Committee may deal with any matter within the competence of the Board. (5) No business of the Executive Committee shall be transacted except at a meeting at which a quorum of two members is present. (6) The meetings of the Executive Committee shall be held at such time and at such places as may be prescribed by regulations: Provided that until regulations are made in this behalf such meetings shall be convened by the Managing Director. (7) All meetings of the Executive Committee shall be presided over by the Chairman of the Executive Committee. (8) At a meeting of the Executive Committee each member shall have one vote, and in the case of equality of votes, the person presiding shall have a second or casting vote: Provided that no member shall vote or participate in a discussion of any matter in which he is directly or indirectly interested and it shall be the obligation of the member to disclose such interest. (9) No act or proceeding of the Executive Committee or of any person acting in good faith as a member of the Executive Committee, shall be invalid or questioned merely on the ground of the existence of any vacancy in, or any defect in the constitution of, the Executive Committee or of any defect in the appointment or qualification of the member.",
"name": "Executive Committee",
"related_acts": "",
"section_id": 15
},
{
"act_id": 518,
"details": "16. The Board may appoint such other Committee or Committees as it thinks fit to assist it in the efficient discharge of its functions.",
"name": "Committee",
"related_acts": "",
"section_id": 16
},
{
"act_id": 518,
"details": "17. A Director shall be paid such fees for attending meetings of the Board or Executive Committee or any other Committee as may be prescribed.",
"name": "Fees for attending meetings",
"related_acts": "",
"section_id": 17
},
{
"act_id": 518,
"details": "18. Every Director, member of Committee, adviser, auditor, consultant, agent, 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.",
"name": "Declaration of fidelity and secrecy",
"related_acts": "",
"section_id": 18
},
{
"act_id": 518,
"details": "819. (1) Every Director, officer or other employee of the Corporation shall be indemnified by the Corporation against all losses and expenses reasonably 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 other Directors, or any officer or employee of the Corporation or any other person authorised by the Corporation to discharge any function for anything done or intended to be done in good faith under this Ordinance.",
"name": "Indemnity of Directors",
"related_acts": "",
"section_id": 19
},
{
"act_id": 518,
"details": "920. Subject to the provision of section 25(1) (a), the Corporation may enter into agreements with any other organisation or person, local or foreign, for the performance of any of its functions or management of any of its businesses.",
"name": "Administration and Management",
"related_acts": "",
"section_id": 20
},
{
"act_id": 518,
"details": "21. The Corporation may carry on, transact or do the several kinds of business and acts hereinafter specified, namely:ÔÇö (1) \tto underwrite, manage and distribute the issue of stocks, shares, bonds, debentures and other securities either directly or through or jointly with one or more institutions; (2) \tto promote, organise, manage trusts or funds of any type or character or to acquire, hold, sell or deal in certificates or securities of any trust or funds; (3) \tto open and maintain Investors' Deposit Accounts and other term Deposit Accounts; (4) \tto purchase and sell shares to the Investors' Deposit Account holders over the counter; (5) \tto make advances for purchase of shares and investment in such other securities as may be approved in each case; (6) \tto engage in the business of investing and re-investing in and the owning and holding of securities; (7) \tto merchandise shares and other securities in any manner as a principal or an agent; (8) \tto facilitate investments by selling new floatations of existing or new companies without underwriting obligations; (9) \tto help generally in broadening the base of investment and encourage investments in sound projects; (10) \tto manage investment portfolios on behalf of individuals or institutions; (11) \tto provide professional counsel regarding investments; 10(11a) \tto undertake and carry on any business that the Board considers appropriate for the purpose of broadening the base of investment; (12) \tto be a member of the Stock Exchange in Bangladesh and undertake all the functions of a member; (13) \tto act as trustees of any deeds and to undertake and execute any trusts and also to undertake the office of or exercise the powers of executor, administrator, receiver, treasurer, custodian or secretary; (14) \tto constitute any trusts with a view to the issue of any stocks, securities, certificates, or other documents, based on or representing any or all assets appropriated for the purpose of any such trust and to settle and regulate any such trusts and to issue, hold or dispose of any such stocks, securities, certificates or documents; (15) \tto appoint trustees to hold shares, stocks, debentures, debenture stocks, bonds, obligations and securities on behalf of the Corporation; (16) \tto take part in the formation, management or supervision or control of the business or operations, of any company or undertaking; 11(16a) \tto carry on and transact such other business as the Board may think appropriate for the purpose of ensuring the carrying on any of its functions or business under this Ordinance; (17) \tfor purposes of, and in matters relating to, its business or objects- (a)\tto purchase or otherwise acquire, own, sell, transfer and exchange any tangible or intangible, movable or immovable property and any rights, title or interest in such property absolutely, temporarily or on hire or by hire-purchase or on instalment or on such other terms and conditions as may be approved by the Board; (b)\tto accept and furnish any undertaking or commercial guarantee for the performance of any obligation or the fulfilment of any contract or the repayment of any money; (c)\tto accept and furnish any lien, charge, hypothecation or mortgage on any movable or immovable property or any promissory note or bill of exchange; (d)\tto enter into agreements and contracts and execute such documents as may be considered necessary or expedient; (e)\tto employ experts or other persons to investigate and examine into conditions, \tprospects, value and character of business concerns or other undertakings and generally of any assets, properties or rights; (18) \tto appoint attorneys and agents; (19) to receive and pay commission, fees and brokerage in connection with its business; (20) to sell and realise all property whether movable or immovable which may in any way come into possession of the Corporation in satisfaction or part satisfaction of its claims; and (21) \tgenerally do all such acts and things as may be necessary or incidental or subsidiary to the transacting of any of the aforesaid business or acts including proceedings in courts of law.",
"name": "Business which the Corporation is authorised to transact",
"related_acts": "",
"section_id": 21
},
{
"act_id": 518,
"details": "1221A. (1) The Corporation may promote and establish subsidiaries in which the Corporation holds all or majority shares; such subsidiaries shall have their own Boards of Directors, and the Corporation may review their business objectives and supervise and control their performances. (2) Notwithstanding anything in section 21 or any other provision of this Ordinance, each of the following businesses shall be carried on only by one of the three separate subsidiaries established for this purpose, namely- (a) \tMerchant banking business including issuing, underwriting and portfolio management of securities; (b) \tMutual fund operations; and (c) \tStock brokerage: Provided that- (a)\tno such subsidiary shall commence the business specified above until it has been incorporated under the Companies Act, relevant licence has been obtained for this purpose and a notification has been issued by the Government in the official Gazette to the effect that the subsidiary is operational; and (b)\tafter such notification the Corporation shall not undertake any of the businesses specified above that may originate as a new business.",
"name": "21ASubsidiaries",
"related_acts": "",
"section_id": 22
},
{
"act_id": 518,
"details": "22. 13(1) The Corporation may 14, subject to the provisions of sub-section (2), appoint such officers, advisers, consultants, agents and servants as it considers necessary for the efficient performance of its functions on such terms and conditions as it may determine. 15(2) Notwithstanding anything contained in sub-section (1), the Government may appoint a General Manager of the Corporation on such terms and conditions as it may determine. 16(3) For the purpose of efficient running of the business of any subsidiary, the Corporation may, on the request of such subsidiary, depute any officer or employee of the Corporation to serve in the subsidiary on such terms and conditions as the Corporation and that subsidiary may mutually agree.",
"name": "Appointment of officers, advisers, etc.",
"related_acts": "",
"section_id": 23
},
{
"act_id": 518,
"details": "23. The Corporation's commission, brokerage, fees and other charges for the underwriting and placement of any issue shall, notwithstanding anything contained in any other law be determined by the Corporation after negotiations.",
"name": "Special powers",
"related_acts": "",
"section_id": 24
},
{
"act_id": 518,
"details": "24. For the purpose of transacting any business under this Ordinance with any person, the Corporation may impose such conditions as it may consider necessary or expedient for protecting its interests including provisions to the effect that the proceeds of any issue underwritten by it or accepted by it for placement or any other financial assistance is put to such use by the person as may have been agreed between the Corporation and the person, and any condition so imposed shall, notwithstanding anything contained in any other law for the time being in force, be valid and enforceable.",
"name": "Power to impose conditions",
"related_acts": "",
"section_id": 25
},
{
"act_id": 518,
"details": "25. (1) The Corporation may, for its purposes, raise finances byÔÇö 17(a) \tissue and sale of bonds and debentures- (i) in Bangladesh on such terms and conditions including the rate of interest as may be approved by the Board; and (ii) outside Bangladesh on such terms and conditions including the rate of interest as may be approved by the Government; (b) \tborrowing moneys from Bangladesh Bank or any other bank and other institutions and sources with or without security; and (c) \tborrowing from the Government on long-term basis. (2) The bonds and debentures of the Corporation shall be guaranteed by the Government as to the repayment of the principal and payment of interest at such rates as may be fixed by the Government at the time the bonds and debentures are issued.",
"name": "Borrowing power",
"related_acts": "",
"section_id": 26
},
{
"act_id": 518,
"details": "26. 18(1)The Corporation shall maintain proper accounts and prepare annual statement of accounts and balance sheet for every financial year. (1A) The annual statement of accounts of the Corporation shall include financial statements audited by external auditors appointed by the respective subsidiary, and such other information about the subsidiaries as may be deemed necessary by the Board. (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 for a term not exceeding three years on such remuneration as it may determine. (3) Every auditor appointed under sub-section (2) shall be given a copy each of the annual balance sheet and profit and loss account of the Corporation and shall examine them together with the accounts and vouchers relating thereto, and shall have a list delivered to him of all books kept by the Corporation, and shall at all reasonable times have access to 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 shareholders upon the annual balance sheet and profit and loss account, and in their report they shall state whether in their opinion the balance sheet and the account contain all necessary particulars and are properly drawn up so as to exhibit a true and correct view of the state of affairs of the Corporation, and in case they have called for any explanation or information from the Board, whether it has been given and whether it is satisfactory. (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 Corporation for the protection of the shareholders and of the creditors or upon the sufficiency of their procedure in auditing the affairs of the Corporation, and may, at any time, enlarge or extend the scope of the audit or direct that a different procedure in audit be adopted or that any other examination be made by the auditors if in its opinion the public interest so requires. (6) The Corporation shall furnish to each shareholder at least fifteen days before the date of the annual general meeting a copy of the audited balance sheet together with a copy of the profit and loss account for the financial year and a report on the working of the Corporation during that year. (7) In addition to audit to be made by the two auditors appointed under sub-section (2), the Government may cause the accounts of the Corporation audited by the Comptroller and Auditor-General of Bangladesh.",
"name": "Audits, etc.",
"related_acts": "442",
"section_id": 27
},
{
"act_id": 518,
"details": "27. (1) The annual general meeting of the shareholders of the Corporation shall be held on such date and at such time and place as may be fixed by the Board, but in any case not later than six months from the date of closing of accounts. (2) The Corporation shall submit at the annual general meeting for the consideration of the shareholders the annual statement of accounts and a report furnished to them under sub-section (6) of section 26. (3) The Board may convene a special meeting of the shareholders to be held at such time and place as it may fix for consideration of any matter which, in the opinion of the Board, ought to be considered by the shareholders. (4) Every shareholder shall be entitled to attend a meeting of the shareholders, but no shareholder shall be entitled to vote at any such meeting unless heÔÇö (a)\thas been registered as a shareholder for a period of not less than three months prior to the date of such meeting; and (b) \thas paid all calls and other sums presently payable by him in respect of shares of the Corporation. (5) Every shareholder entitled to vote shall, when present in person, have one vote to be cast by show of hands. (6) On a poll each shareholder entitled to vote shall have one vote for every five shares and may give his vote either personally or by proxy.",
"name": "Annual general meeting",
"related_acts": "",
"section_id": 28
},
{
"act_id": 518,
"details": "28. (1) The Corporation shall furnish to the Government such returns, reports and statements as it 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 26 together with an annual 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.",
"name": "Return",
"related_acts": "",
"section_id": 29
},
{
"act_id": 518,
"details": "29. (1) The Corporation 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 sub-section (1) and making necessary provisions for depreciation of assets and such other matters as are usually provided for by investment companies and institutions or are considered expedient in their interest the Corporation may, out of the surplus remaining from that net annual profit, declare such dividends as may be approved by the Board.",
"name": "Disposal of profit",
"related_acts": "",
"section_id": 30
},
{
"act_id": 518,
"details": "30. (1) Notwithstanding any agreement to the contrary, the Corporation may, by notice, require any person to which it has made advance or which is otherwise liable to make any payment on any specified date or dates, forthwith to repay the advance or make the payment aforesaid in full, ifÔÇö (a)\tit appears to the Board that information false or misleading in any material particular has been given in the application for the advance of the creation of the aforesaid pecuniary liability; or (b)\tthe person has failed to comply with the terms of any agreement with the Corporation; or (c)\tthere is a reasonable apprehension that the person is unable to pay its debts and liabilities or may go into liquidation; or (d) \tthe property pledged, mortgaged, hypothecated or assigned to the Corporation, as security for the advance or the said pecuniary liability, is not insured or kept insured by the person to the satisfaction of the Corporation or has, in the opinion of the Corporation, depreciated in value and further security to the satisfaction of the Corporation is not given. (2) On the giving of such notice the entire advance or the aforesaid deferred pecuniary liability shall become immediately due and realisable. (3) Notwithstanding the provisions of any agreement of managing agency and subject to conditions prescribed in this behalf, the Corporation may take over through an appointed agent the management of any company in which it has acquired majority share holding, if the affairs of the company are, in the opinion of the Board, not being conducted in a satisfactory manner and if the share capital of the enterprise has been impaired.",
"name": "Power to call for payment before agreed period",
"related_acts": "",
"section_id": 31
},
{
"act_id": 518,
"details": "31. Without prejudice to the right of the Corporation to recover its dues in any other manner all sums due to the Corporation shall be recoverable as arrears of land revenue: Provided that no sum shall be so recovered unless fifteen days' notice has been given by the Corporation to the debtor that the sum will be so recovered.",
"name": "Recovery of Corporation's dues",
"related_acts": "",
"section_id": 32
},
{
"act_id": 518,
"details": "32. (1) The Board may, for the purpose of ensuring efficient functioning of the Corporation and facilitating transaction of its business, delegate to the Managing Director, subject to such conditions and limitations, if any, as may be specified in this behalf, such of its powers and duties under this Ordinance as it may deem necessary. (2) The Managing Director may, for the purpose of facilitating the transaction of the Corporation's business, delegate to the officers of the Corporation, subject to such conditions and limitations, if any, as may be specified in that behalf by the Board, such of his powers and duties as may be necessary.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 33
},
{
"act_id": 518,
"details": "33. (1) 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 months, or with fine which may extend to Taka one thousand, or with both. (2) Whoever being a Chairman, Managing Director, Director, Adviser, auditor, officer or servant of the Corporation 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 Taka one thousand, or with both. (3) No court shall take cognizance of any offence punishable under this Ordinance except upon a complaint in writing signed by an officer of the Corporation duly authorised in this behalf by the Corporation.",
"name": "Offences",
"related_acts": "",
"section_id": 34
},
{
"act_id": 518,
"details": "34. No provision of law relating to the winding up of companies or bank shall apply to the Corporation and the Corporation shall not be wound up save by order of the Government and in such manner as it may direct.",
"name": "Liquidation of Corporation",
"related_acts": "",
"section_id": 35
},
{
"act_id": 518,
"details": "35. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 36
},
{
"act_id": 518,
"details": "36. (1) The Board may make regulations, not inconsistent with the provisions of this Ordinance and the rules, to provide for all matters for which provision is necessary or expedient for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide forÔÇö (a)\tthe calling of the meetings of the Board, the Executive Committee or any committee, fees for attending the meetings thereof and the conduct of business thereat; (b)\tthe delegation of powers and functions of the Board to the Chairman, Managing Director or any other Director or any officer or other employees of the Corporation; (c)\tthe conditions subject to which the Corporation may undertake various types of its business; (d)\tthe manner of determining the sufficiency of the security for the purpose of business; (e) \tthe manner and conditions subject to which the Corporation may borrow; (f) \tthe form of returns and statements required to be prepared under this Ordinance; (g) \tthe duties and conduct of officers and other employees of the Corporation; (h) \tthe recruitment, remuneration, promotion and other terms and conditions of service of the officers and other employees of the Corporation; (i) \tthe establishment and maintenance of pension, provident fund or other fund for the benefit of officers and other employees of the Corporation, including the dependents of such officers and other employees; (j) \tthe provision of a seal of the Corporation 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 Corporation; (m)\tthe holding and conduct of elections under this Ordinance including the final decision of doubts or disputes regarding the validity of any election; (n) \tthe manner in which and the conditions subject to which the first allotment of the shares of the Corporation shall be made; (o) \tthe maintenance of the register of shareholders, the manner in which and the conditions subject to which shares may be held and transferred, suspension and the manner of suspension of transfer of shares and all matters relating to the rights and duties of shareholders; (p) \tthe manner in which the general meetings shall be convened and the procedure to be followed thereat; and (q) \tgenerally for the efficient conduct of the affairs of the 19Corporation or, as the case may be, subsidiary. (3) Where any provision of a regulation is inconsistent with any provision of the rule, the provision of the rule shall prevail.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 37
},
{
"act_id": 518,
"details": "20 37. The Corporation shall enjoy such tax benefits, rebates and exemptions on its income, profits and gains as are enjoyed by any bank and financial institution as defined in the e¨vsK †Kv¤úvbx AvBb, 1991 (১৯৯১ সনের ১৪ নং আইন) এবং আর্থিক প্রতিষ্ঠান আইন, 1993 (১৯৯৩ সনের ২৭ নং আইন) respectively.",
"name": "Exemption from taxes and duties",
"related_acts": "",
"section_id": 38
}
],
"text": "An Ordinance to establish an Investment Corporation. WHEREAS it is expedient to establish an Investment Corporation to encourage and broaden the base of investments, develop the capital market and mobilise savings and to provide for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:—"
} |
{
"id": 519,
"lower_text": [
"1 Clause (a) was inserted in the place of the previous clause (a) by section 2 of the Land Development Tax (Amendment) Ordinance, 1982 (Ordinance No. XV of 1982).",
"2 The previous clause (a) was renumbered as clause (aa) by section 2 of the Land Development Tax (Amendment) Ordinance, 1982 (Ordinance No. XV of 1982).",
"3 Sub-section (1) was substituted by section 2 of the Land Development Tax (Amendment) Ordinance, 1976 (Ordinance No. XCV of 1976).",
"4 Clause (a) was substituted by section 3 of the Land Development Tax (Amendment) Ordinance, 1982 (Ordinance No. XV of 1982).",
"5 The words “agricultural land other than lands used for cultivation of tea, coffee or rubber or for orchards ” were substituted for the words “ agricultural land” by section 2 of the Land Development Tax (Amendment) Ordinance, 1986 (Ordinance No. IV of 1986).",
"6 Items (vi) and (vii) were substituted by section 2 of the Land Development Tax (Amendment) Ordinance, 1983 (Ordinance No. XXIX of 1983).",
"7 Item (vii) was omitted by section 2 of the Land Development Tax (Amendment) Ordinance, 1986 (Ordinance No. IV of 1986).",
"8 Clause (aa) was inserted by section 2 of the Land Development Tax (Amendment) Ordinance, 1986 (Ordinance No. IV of 1986).",
"9 Clause (b) was substituted by section 2 of the Land Development Tax (Amendment) Ordinance, 1986 (Ordinance No. IV of 1986).",
"10 Sub-section (1A) was inserted by section 2 of the Land Development Tax (Amendment) Act, 1993 (Act No. XXIX of 1993).",
"11 Sub-section (3A) was inserted by section 2 of the Land Development Tax (Amendment) Ordinance, 1976 (Ordinance No. XCV of 1976).",
"12 Section 3A was inserted by section 4 of the Land Development Tax (Amendment) Ordinance, 1982 (Ordinance No. XV of 1982)",
"13 Section 3AA was inserted by section 2 of the Land Development Tax (Second Amendment) Ordinance, 1986 (Ordinance No. XXIX of 1986)",
"14 Section 4A was inserted by section 3 of the Land Development Tax (Amendment) Ordinance, 1976 (Ordinance No. XCV of 1976)"
],
"name": "The Land Development Tax Ordinance, 1976",
"num_of_sections": 8,
"published_date": "26th June, 1976",
"related_act": [
519,
232,
241,
473,
283,
350
],
"repelled": false,
"sections": [
{
"act_id": 519,
"details": "1. (1) This Ordinance may be called the Land Development Tax Ordinance, 1976. (2) It extends to the whole of Bangladesh, except the Chittagong Hill Tracts. (3) It shall be deemed to have come into force on the fourteenth day of April, 1976.",
"name": "Short title, extent and commencement",
"related_acts": "519",
"section_id": 1
},
{
"act_id": 519,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context, - 1(a) “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; (b)\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; (c)\t“land taxes” means- (i)\tthe development and relief tax payable under the Finance (Third) Ordinance, 1958 (E.P. Ord. LXXXII of 1958), (ii) \tthe additional development and relief tax payable under the Finance Act, 1967 (E.P. Act XVII of 1967), (iii)\tthe local rate payable under the Basic Democracies Order, 1959 (P.O. No. 18 of 1959), and (iv)\tthe primary education cess payable under the Finance Act, 1974 (XLIV of 1974); (d)\t“non-agricultural land” has the same meaning as assigned to it in section 2(4) of the Non-Agricultural Tenancy Act, 1949 (E. B. Act XXIII of 1949); (e)\t“prescribed” means prescribed by rules made under this Ordinance; (f)\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 Ordinance or any rules made thereunder; (g)\t“year” means a Bengali year commencing on the first day of Baishakh.",
"name": "Definitions",
"related_acts": "283,350,473,232",
"section_id": 2
},
{
"act_id": 519,
"details": "3. 3(1) There shall be levied and collected, for every year commencing on the first day of Baishakh, 1383 B.S., on all lands a tax to be called land development tax at the rates specified below, namely:- Description of Land. Rate of tax. 4(a) 5agricultural land other than lands used for cultivation of tea, coffee or rubber or for orchards- if the total land held by a family or body for the whole year or for more than six months is- (i) not more than 2.00 acres . . three poisha per decimal subject to a minimum of one taka; (ii) more than 2.00 acres but does not exceed 5.00 acres. six taka for 2.00 acres plus fifteen poisha per decimal for the land in excess of 2.00 acres; (iii) more than 5.00 acres but does not exceed 10.00 acres. fifty-one taka for 5.00 acres plus thirty six poisha per decimal for the land in excess of 5.00 acres; (iv) more than 10.00 acres but does not exceed 15.00 acres. two hundred thirty-one taka for 10.00 acres plus sixty poisha per decimal for the land in excess of 10.00 acres; (v) more than 15.00 acres but does not exceed 25.00 acres. five hundred thirty-one taka for 15.00 acres plus ninety five poisha per decimal for the land in excess of 15.00 acres; 6(vi) more than 25.00 acres but does not exceed 33.33 acres. fourteen hundred eighty-one taka for 25.00 acres plus one taka and forty-five poisha per decimal for the land in excess of 25.00 acres; 7* * * 8(aa) agricultural land used for cultivation of tea, coffee or rubber or for orchards one taka and ten poisha per decimal; 9(b) non-agricultural land- (i) in any area within the police-stations mentioned in the First Schedule to this Ordinance one hundred taka per decimal, if the land is used for commercial or industrial purposes; twenty taka per decimal, if the land is used for residential or other purposes; (ii) in any area within the municipalities at the district headquarters mentioned in the Second Schedule to this Ordinance twenty taka per decimal, if the land is used for commercial or industrial purposes; six taka per decimal, if the land is used for residential or other purposes; (iii) in any other area fifteen taka per decimal, if the land is used for commercial or industrial purposes; five taka per decimal, if the land is used for residential or other purposes. 10(1A). Notwithstanding anything contained in sub-section (1), the Government may, by notification in the official Gazette,- (a) revise, enhance or reduce the rate of land development tax specified in that sub-section; (b) exempt any person or class of persons from payment of land development tax on agricultural land of such kind and of such quantity as may be specified in the notification. (2) Omitted by section 2 of the Land Development Tax (Amendment) Ordinance, 1976 (Ordinance No. XCV of 1976). (3) The land development tax shall be assessed by the Revenue Officer in such manner as may be prescribed. 11(3A) Any person aggrieved by any classification of land or assessment of land development tax made by a Revenue Officer may prefer an appeal to such authority, within such time and in such manner as may be prescribed. (4) On the commencement of this Ordinance, all rent, land revenue and land taxes shall, notwithstanding anything contained in the laws under which they are payable, cease to be payable: Provided that nothing in this sub-section shall apply to any arrear of such rent, land revenue or land taxes. (5) For the purposes of this section, \"family\", in relation to a person, includes such person and his wife, son, unmarried daughter, son's wife, son's son and son's unmarried daughter: Provided that an adult and married son who has been living in a separate mess independently of this parents from before the commencement of this Ordinance and his wife, son and unmarried daughter shall be deemed to constitute a separate family: Provided further that in the case of any land held under any wakf, wakf-al-al-aulad, debuttar or any other trust where the beneficiaries have no right to alienate such land as their personal property, all such beneficiaries together shall be deemed to constitute a separate family in relation to such land.",
"name": "Land development tax",
"related_acts": "",
"section_id": 3
},
{
"act_id": 519,
"details": "123A. The Government or any Officer authorised by it in this behalf may, by order in writing and subject to such conditions as it or he may specify therein, exempt from payment of land development tax, any public graveyard, public cremation grounds or place of public prayer or religious worship. Explanation. “Place of public prayer or religious worship” shall have the same meaning as in section 151A of the State Acquisition and Tenancy Act, 1950 (E.B. Act XXVIII of 1951).",
"name": "Exemption",
"related_acts": "241",
"section_id": 4
},
{
"act_id": 519,
"details": "133AA. Notwithstanding anything contained in section 3, in assessing the land development tax in respect of the lands mentioned in the Third Schedule to this Ordinance, the amount which was payable as rent or land revenue in respect of such lands under the State Acquisition and Tenancy Act, 1950 (E.B. Act XXVIII of 1950), shall be excluded from the total amount payable as land development tax for such lands.",
"name": "Special provision relating to assessment of land development tax in respect of certain lands",
"related_acts": "241",
"section_id": 5
},
{
"act_id": 519,
"details": "4. The Government may, by notification in the official Gazette, add any other police-station to the schedule or exclude therefrom any police-station or any area of any police-station.",
"name": "Power of Government to amend schedule",
"related_acts": "",
"section_id": 6
},
{
"act_id": 519,
"details": "144A. No suit or other legal proceeding shall lie in any Civil Court to set aside or modify any classification of land or assessment of land development tax made by a Revenue Officer or any order made by any authority in any appeal under this Ordinance.",
"name": "Bar of proceedings in Civil Courts",
"related_acts": "",
"section_id": 7
},
{
"act_id": 519,
"details": "5. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 8
}
],
"text": "An Ordinance to provide for the levy of a land development tax. WHEREAS it is expedient to provide for the levy of a land development tax; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:—"
} |
{
"id": 520,
"lower_text": [],
"name": "The Appropriation Ordinance, 1976",
"num_of_sections": 3,
"published_date": "28th June, 1976",
"related_act": [
520
],
"repelled": false,
"sections": [
{
"act_id": 520,
"details": "1. This Ordinance may be called the Appropriation Ordinance, 1976.",
"name": "Short title",
"related_acts": "520",
"section_id": 1
},
{
"act_id": 520,
"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 four thousand three hundred ninety-four crores, thirty-eight lakhs and ninety thousand towards defraying several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1977 in respect of the services and purposes specified in Column 2 of the Schedule.",
"name": "Issue of Taka 4394,38,90,000 out of the Consolidated Fund for the year 1976-77",
"related_acts": "",
"section_id": 2
},
{
"act_id": 520,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Ordinance 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, 1977.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Ordinance to authorise expenditure of certain sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1977. WHEREAS it is expedient to authorise expenditure of certain sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1977; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975 and the 8th November, 1975, and in exercise of all powers enabling him in that behalf the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 521,
"lower_text": [],
"name": "The Appropriation (Railways) Ordinance, 1976",
"num_of_sections": 3,
"published_date": "28th June, 1976",
"related_act": [
521
],
"repelled": false,
"sections": [
{
"act_id": 521,
"details": "1. This Ordinance may be called the Appropriation (Railways) Ordinance, 1976.",
"name": "Short title",
"related_acts": "521",
"section_id": 1
},
{
"act_id": 521,
"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 98,12,50,000 towards defraying the several charges will come in course of payment during the period beginning on the first day of July, 1976 and ending on the thirtieth day of June, 1977 in respect of Bangladesh Railways for the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 98,12,50,000 from and out of the Consolidated Fund for the period beginning on the first day of July, 1976 and ending on the thirtieth day of June, 1977",
"related_acts": "",
"section_id": 2
},
{
"act_id": 521,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Ordinance 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 Ordinance to authorise expenditure of certain sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the period beginning on the first day of July, 1976 and ending on the thirtieth day of June, 1977. WHEREAS it is expedient to authorise expenditure of certain sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the period beginning on the first day of July, 1976 and ending on the thirtieth day of June, 1977; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 522,
"lower_text": [],
"name": "The Finance Ordinance, 1976",
"num_of_sections": 11,
"published_date": "28th June, 1976",
"related_act": [
354,
484,
73,
522,
206,
90
],
"repelled": false,
"sections": [
{
"act_id": 522,
"details": "1. (1) This Ordinance may be called the Finance Ordinance, 1976. (2) Except as otherwise provided in this Ordinance, this section and sub-clause (c) of clause (15) of section 2 and sections 3 and 4 shall come into force at once, and other sections shall come into force on the first day of July, 1976.",
"name": "Short title and commencement",
"related_acts": "522",
"section_id": 1
},
{
"act_id": 522,
"details": "2. The following amendments shall be made in the Income-tax Act, 1922 (XI of 1922), namely:- (1) in section 2, in clause (6C), after the word and figure “section 12”, the commas and words “, any winning from lotteries, crossword puzzles, races including horse races, card games and other games of any sort or from gambling or betting of any form or nature whatsoever” shall be inserted; (2) in section 4, in sub-section (3),- (a) after clause (vi), the following new clause (via) shall be inserted, namely:- “(via) any receipts which are of casual and non-recurring nature, not being winning from lotteries, to the extent such receipts do not exceed Taka two thousand in the aggregate: Provided that this clause shall not apply to- (i) capital gains chargeable under the provisions of section 12B; or (ii) receipts arising from business or the exercise of a profession, vocation or occupation; or (iii) receipts by way of addition to the remuneration of an employee;”; (b) clause (viii) shall be omitted; (c) in clause (xii), in sub-clause (f), for the full-stop at the end a semicolon shall be substituted; (d) after sub-clause (f) amended as aforesaid, the following new sub-clause (g) shall be added, namely:- “(g) in 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 which 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 conditions, namely:- (i) the plinth area of the building is not more than two thousand square feet; and (ii) the cost of construction is not more than Taka two lakhs exclusive of the cost of land and registration charges. The exemption under this clause shall also apply in the case of housing companies, societies and estates where the construction comprises bungalows, flats, apartments or units (hereinafter referred to as units) each containing plinth area of not more than two thousand square feet and the cost of construction of each unit being not more than Taka two lakhs, exclusive of the cost of land and registration charges, provided the construction comprises not less than twenty-five units.”; and (e) in clause (xiiib), the words “over sixty years of age” shall be omitted; (3) in section 5,- (a) for sub-section (2) the following shall be substituted, namely:- “(2) The National Board of Revenue may appoint as many Commissioners of Taxes as it may deem fit and a Commissioner of Taxes so appointed shall perform such functions of a Commissioner of Taxes under this Act as the National Board of Revenue may assign to him and such functions may be assigned to the exclusion of, or concurrently with, any other Commissioners of Taxes with reference to any area, or any person or classes of persons, or any income or classes of incomes, or any case or classes of cases.”; and (b) for sub-section (3) the following shall be substituted and shall be deemed to have been so substituted on the first day of July, 1975, namely:- “(3) The National Board of Revenue may appoint as many Appellate or Inspecting Joint Commissioners of Taxes, Special Officers, Deputy Commissioners of Taxes, Assistant Commissioners of Taxes and Tax Recovery Officers as it thinks fit.”; (4) in section 6, after clause (iii), the following new clause (iiia) shall be inserted, namely:- “(iiia) Agricultural income.”; (5) in section 7, in sub-section (1), in the fourth proviso, for the words “one thousand and two hundred” the words “two thousand and four hundred”, for the words “six hundred” the words “one thousand and two hundred” and for the words “three hundred and sixty” the words “nine hundred” shall be substituted; (6) after section 9, the following new section 9A shall be inserted, namely:- “9A. Agricultural income.- (1) Subject to the provisions of this Act, the tax shall be payable by an assessee under the head 'Agricultural income' in respect of all rent and revenue, including any local cess or rates, derived from land and also in respect of any agricultural income derived from such land. (2) Subject to the provisions of this Act, such agricultural income shall be computed after making the following allowances, namely:- (i) any land revenue, rent or tax paid in respect of the land used for agricultural purposes the income of which is subject to tax under this section; (ii) any local rate or cess paid in respect of such land: Provided that nothing in clauses (i) and (ii) shall be deemed to authorise the allowance of any sum paid on account of tax, rate or cess levied on the income arising or accruing or deemed to arise or accrue from agricultural operations or assessed at a proportion of or otherwise on the basis of such income; (iii) any sum paid in respect of the cost of collection of rent or revenue including the cost of maintenance of any katchari or other capital assets and any expense of litigation, not in excess of fifteen per cent of the total amount of rent or revenue excluding cess and selami, if any, which accrued to the assessee in the previous year in respect of the land from which such rent or revenue is derived; (iv) when rent derived from such land is rent in kind the cost incurred by the assessee- (a) in performing any process contemplated in item (ii) of sub-clause (b) of clause (1) of section 2 for rendering the produce which comprises such rent in kind fit to be taken to market; (b) in transporting such produce to market; (c) in maintaining in good repair any agricultural implements or machinery and in providing for the upkeep of cattle for the purpose of such process or transport; (v) where the land is subject to a mortgage or other capital charge, the amount of any interest paid by the assessee in the previous year in respect of such mortgage or charge; and where such land has been acquired, re-claimed or improved by the use of borrowed capital, the amount of any interest paid by him in the previous year in respect of such capital: Provided that no allowance shall be made under this clause in any case for any interest chargeable under this Act which is payable without taxable territories except interest on which tax has been paid or from which tax has been deducted under section 18 or in respect of which there is an agent in taxable territories who may be assessed under section 43 or, in the case of a firm, for any interest paid to a partner of the firm; (vi) any sum paid in respect of the maintenance of any irrigation or protective work or other capital assets. Explanation. For the purpose of this clause, 'maintenance' includes current repairs and, in the case of protective dykes and embankments, all such work as may be necessary from year to year for repairing any damage or destruction caused by flood, or other natural causes; (vii) depreciation at the prescribed rate in respect of any irrigation or protective work or other capital asset, constructed or acquired for the benefit of the land from which such agricultural income is derived or for the purpose of deriving such agricultural income from such land, provided the required particulars have been duly furnished by the assessee; (viii) any sum paid as premium in order to effect any insurance against loss of, or damage to, such land or any crops to be raised or cattle to be reared thereon; (ix) any expenditure incurred in cultivating such land or raising livestock thereon; (x) any expenditure incurred in performing any process contemplated in item (ii) of sub-clause (b) of clause (1) of section 2 for rendering the produce of such land fit to be taken to market; (xi) any expenditure incurred in transporting such produce or livestock to market; (xii) any expenditure incurred in maintaining agricultural implements and machinery in good repair and in providing for the upkeep of cattle for the purpose of such cultivation, process, or transport: Provided that where no books of account have been maintained in respect of agricultural income derived from land, the allowances admissible under clauses (ix), (x), (xi) and (xii) shall, instead of such expenditure, be a sum equal to sixty per cent of the market value of the produce raised from such land: Provided further that where the agricultural income is derived according to the local 'barga' or 'bhag' system, no allowances under clauses (ix), (x), (xi) and (xii) shall be admissible and in all such cases the cost of production shall be limited to the share of 'bargadar' or 'bhagchasi' according to the local 'barga' or 'bhag' system, as the case may be; (xiii) in respect of any machinery or plant used exclusively for agricultural purposes which has been sold, transferred by way of exchange, or is compulsorily acquired by a competent authority under any law for the time being in force or discarded or demolished or destroyed in the previous year, the amount by which written down value thereof exceeds the amount for which the machinery or plant is actually sold, transferred or compulsorily acquired, as the case may be, or its scrap value: Provided that such amount is actually written off in the books of the assessee: Provided further that where the amount for which such machinery or plant is sold, transferred or compulsorily acquired exceeds the written down value, so much of the excess as does not exceed the difference between the original cost and the written down value shall be deemed to be the income of the previous year in which the sale, transfer or compulsory acquisition, as the case may be, took place: Provided further that where any insurance, salvage or compensation moneys are received in respect of any such machinery or plant which has been discarded or demolished or destroyed and the amount of such moneys does not exceed the written down value the amount allowable under this clause shall be the amount, if any, by which the difference between the written down value and the scrap value exceeds the amount of such moneys: Provided further that where any insurance, salvage or compensation moneys are received in respect of any such machinery or plant as aforesaid, and the amount of such moneys exceeds the difference between the written down value and the scrap value, no amount shall be allowable under this clause and so much of the excess as does not exceed the difference between the original cost and the written down value less the scrap value shall be deemed to be the income of the previous year in which such moneys were received; (xiv) any other expenditure not being in the nature of capital expenditure or personal expenditure, laid out wholly and exclusively for the purpose of deriving such income from such land. (3) In the case of income which is partially agricultural income and partially income chargeable under the head 'business' under section 10, the agricultural income shall be determined in respect of the market value of any agricultural produce which has been raised by the assessee or received by him as rent in kind and which has been utilised as raw materials in such business or the sale receipts of which are included in the accounts of the business subject to the allowances admissible under sub-section (2). Explanation. For the purposes of this sub-section, 'market value' shall be- (a) where agricultural produce is ordinarily sold in the market in its raw state or after application to it of any process ordinarily employed by a cultivator or receiver of rent in kind to render it fit to be taken to market, the value calculated according to the average price at which it has been so sold during the year previous to that in which the income first becomes assessable; and (b) where the agricultural produce is not ordinarily sold in the market in its raw state, the aggregate of- (i) the expenses of cultivation; (ii) the land revenue or rent paid for the lands in which it was grown; and (iii) such amount as the Deputy Commissioner of Taxes finds having regard to the circumstances in each case, to represent a reasonable rate of profit on the sale of the produce in question as agricultural produce. (4) The income derived from the sale of tea grown and manufactured by the assessee in the taxable territories shall be computed in the manner prescribed. (5) Written down value in respect of any irrigation or protective work, or any machinery, plant or other capital asset shall, for the purpose of this section, mean- (a) in the case of assets acquired in the previous year, the actual cost to the assessee; (b) in the case of assets acquired on or before the thirtieth day of June, 1976, the actual cost to the assessee less all depreciations which would have been allowable under the Agricultural Income-tax Act, 1944 (Ben. Act IV of 1944), in respect of such work, machinery, plant or other asset, as the case may be, but for the repeal of the said Act by the Finance Ordinance, 1976 (Ordinance No. XLV of 1976). (6) There shall be exempt from the tax payable under this Act so much of the agricultural income of an assessee, not being a company, computed under this section as does not exceed three thousand six hundred taka.”; (7) in section 10,- (a) in sub-section (2), in clause (iii), after the proviso the following new proviso shall be added, namely:- “Provided further that no allowance shall be made under this clause in any case for so much of the interest as relates to the capital borrowed to replenish the cash or any other asset or assets transferred to a newly set up industrial undertaking or to an expansion of an existing industrial undertaking whose income, profits and gains have been exempted under section 14A notwithstanding the fact that such newly set up industrial undertaking or such expansion of an existing industrial undertaking is a branch or a subsidiary;” and (b) in sub-section (5), in clause (b), in the third proviso, for the words “sixty thousand” the words “one lakh” shall be substituted; (8) in section 12B, in sub-section (3), for the word “third” the word “first” shall be substituted; (9) in section 14A,- (a) in sub-section (2A), for the figure “1976” the figure “1980” shall be substituted; (b) in sub-section (2B), in clause (a), in sub-section (ii) for the semicolon at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:- “Provided that in the case of an industrial undertaking set up after the first day of January, 1976, this sub-clause shall have effect as if for the words “three crores” the words “ten crores” were substituted;”; (c) after sub-section (2B) amended as aforesaid, the following new sub-section (2C) and (2D) shall be inserted, namely:- “(2C) Subject to the provisions of this Act, the income, profits and gains of a tourist industry set up in taxable territories between the first day of January, 1976 and the thirtieth day of June, 1980 (both dates inclusive), shall be exempt form the income-tax and super-tax under this Act for a period of five years beginning with the month in which the industry is put into commercial service: Provided that in the case of a tourist industry set up in areas other than the cities of Dacca, Chittagong, Khulna and Rajshahi and the areas within a radius of fifteen miles of the municipal limits of these cities, this sub-section shall have effect as if for the words 'five years' the words 'seven years' were substituted. Explanation. In this sub-section and in sub-section (2D), the expression 'tourist industry' means a business, industry or undertaking which caters for the tourists, including setting up, establishment or running of hotels, motels, hunting lodges and private picnic spots of such standard as the National Board of Revenue may, by notification in the official Gazette, specify. (2D) The exemption under sub-section (2C) shall apply to a tourist industry which fulfils the following conditions, namely:- (a) that the tourist industry is owned and managed by a company formed and registered under the Companies Act, 1913 (VII of 1913), having- (i) its registered office or head office in the taxable territories; and (ii) a subscribed and paid-up capital of not less than one lakh taka and not more than ten crores taka; (b) that the tourist industry shall have such service facilities as may be specified by the National Board of Revenue for these purposes by notification in the official Gazette; (c) that as respects the tourist industry set up in areas comprising the cities of Dacca, Chittagong, Khulna and Rajshahi and the areas within a radius of fifteen miles of the municipal limits of these cities not less than sixty per cent of the income, profits and gains exempted under this sub-section are reinvested in the industrial establishment 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 a tourist industry set up in areas other than the areas specified 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 tourist industry is put into commercial service; (e) that the tourist industry is approved by the National Board of Revenue for purposes of this sub-section: Provided that the tourist industry 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 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 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 15E,- (a) for the words “five hundred” the words “eight hundred” and for the words “fifteen hundred” the words “two thousand and four hundred” shall be substituted; and (b) in the second proviso, for the words “five hundred” the words “eight hundred”, for the words “one thousand” the words “one thousand and six hundred” and for the words “fifteen hundred” the words “two thousand and four hundred” shall be substituted; (11) in section 17, in sub-section (5), in clause (b), in sub-clause (ii), in paragraph (2), in sub-paragraph (iii),- (a) for the colon at the end a full stop shall be substituted; and (b) the proviso shall be omitted; (12) in section 18A, in sub-section (11), after the words and quotations “head 'Capital Gains' ”, the words and quotations “or under the head 'Agricultural income' ”, shall be inserted; (13) in section 26A, after sub-section (5), the following sub-section shall be added, namely:- “(6) As respects any assessment for any year beginning on or after the first day of July, 1976, the provisions of this section shall not apply to any firm other than a firm which derives income from the exercise of a profession and such income depends wholly or mainly on the personal qualifications of its partners who are prevented by any law for the time being in force or by convention or by rules or regulations of the professional association, society or similar body of which they are members to constitute themselves into a corporate body with a limited liability which can be registered as a company under the Companies Act, 1913 (VII of 1913) and such profession does not consist wholly or mainly in the making of contracts on behalf of other persons or the giving to other persons of advice of a commercial nature in connection with the making of contracts.”; (14) in section 30, in sub-section (1),- (a) after the words “Any assessee objecting to”, the words, figures and letter “the imposition of additional tax under section 18A or” shall be inserted; and (b) after the words and figure “or section 28” the words and figure “or section 35” shall be inserted; (15) in section 34, in sub-section (2), in the proviso, in clause (i),- (a) in sub-clause (c), the word “and” at the end shall be omitted; (b) in sub-clause (d), for the full stop at the end a semi-colon and word “; and” shall be substituted; and (c) after sub-clause (d) amended as aforesaid, the following new sub-clause (e) shall be added, namely:- “(e) in relation to the income, profits or gains which were first assessable in the year 1971-72, the words ÔÇÿfive years' were substituted.”; (16) after section 47, the following new section 47A shall be inserted, namely:- “47A. Registration of documents. (1) Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provisions of clauses (a), (b), (c) or (e) of sub-section (1) of section 17 of the Registration Act, 1908 (XVI of 1908), purports to transfer, assign, limit or extinguish the right, title or interest of any person to or any property valued at more than twenty thousand taka, no registering officer appointed under that Act shall register any such document, unless the Deputy Commissioner of Taxes certifies that such person is not liable to taxation under this Act or the Gift-tax Act, 1963 (XIV of 1963), or that he has either paid or, made satisfactory provision for the payment of all existing or anticipated liabilities under any of the said Acts: Provided that no such certificate shall be necessary in respect of sale by a Bank as a mortgagee empowered to sell. (2) If any right, title or interest in any property, whether movable or immovable, is or has been transferred, assigned, limited or extinguished after the 14th day of August, 1947, a Deputy Commissioner of Taxes, may, at any time, issue a notice to all or any of the parties to the transaction requiring them to produce within one month the certificate required under sub-section (1); and if such certificate is not produced he may forward a statement to the Tax Recovery Officer or the Deputy Commissioner of the District concerned, showing the amount of the existing and the anticipated liabilities of each or any of the said parties. (3) The Tax Recovery Officer shall, on receipt of such statement, proceed, in accordance with the rules made under section 46A to recover the amount specified therein as if it were an arrear of income-tax; and where a statement has been forwarded to the Deputy Commissioner, the Deputy Commissioner shall, proceed to recover the amount shown in the statement as if it were an arrear of land revenue. (4) For the purpose of the recovery proceedings, the aforesaid authorities may treat the said property as if it belonged to all or any of the persons named in the statement. (5) The application for the certificate required under sub-section (1) shall be made by the person referred to in that sub-section and shall be in such form and shall contain such particulars as may be prescribed by the National Board of Revenue. (6) The provisions of this section shall not apply in relation to agricultural land.”; (17) after section 51, the following new section 51A shall be inserted, namely:- “51A. Failure to furnish returns of income. If a person wilfully fails to furnish in due time the return of income which he is required to furnish under sub-section (1) of section 22 or by notice given under sub-section (2) of section 22 or under section 34, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand Taka, or with both: Provided that no person shall be proceeded against under this section for failure to furnish in due time the return of income under sub-section (1) of section 22- (i) for any year of assessment commencing prior to the 1st day of July, 1977; or (ii) for any year of assessment commencing on or after the 1st day of July, 1977, if- (a) the return is furnished by him before the expiry of the assessment year; or (b) the tax payable by him on the total income determined on regular assessment, as reduced by the advance tax, if any, paid, and any tax deducted at source, does not exceed three thousand Taka.”; (18) in section 53, in sub-section (1), after the word, figure and comma “section 51,”, the word, figure and letter “section 51A” shall be inserted.",
"name": "Amendments of Act XI of 1922",
"related_acts": "522,90",
"section_id": 2
},
{
"act_id": 522,
"details": "3. The amendments set out in the First Schedule to this Ordinance shall be made in the Tariff Act, 1934 (XXXII of 1934).",
"name": "Amendments of Act XXXII of 1934",
"related_acts": "",
"section_id": 3
},
{
"act_id": 522,
"details": "4. The following amendments shall be made in the Excises and Salt Act, 1944 (I of 1944), namely:ÔÇö (1) in section 3-A, in sub-section (1),ÔÇö (a) \tin clause (a),ÔÇö (i)\tfor the figure \"40\" the figure \"100\" shall be substituted; (ii)\tfor the figure \"10\" occurring for the first time the figure \"30\" shall be substituted; and (iii)\tfor the figure \"10\" occurring for the second and third times the figure \"25\" shall be substituted in both the places; and (b) \tin clause (b),ÔÇö (i)\tfor the figure \"20\" occurring for the first time the figure \"50\" shall be substituted; and (ii)\tfor the figure \"20\" occurring for the second and third times the figure \"35\" shall be substituted in both the places; (2) the First Schedule shall be amended in the manner set out in the Second Schedule to this Ordinance.",
"name": "Amendments of Act I of 1944",
"related_acts": "206",
"section_id": 4
},
{
"act_id": 522,
"details": "5. (1) The Agricultural Income-tax Act, 1944 (Ben. Act IV of 1944), hereinafter referred to as the said Act, is hereby repealed. (2) Without prejudice to the operation of the General Clauses Act, 1897 (X of 1897), any right, privilege, obligation or liability acquired, accrued or incurred under, or any penalty, forfeiture or punishment incurred in respect of any offence against, the said Act and any investigation or legal or other proceeding or remedy in respect of any such right, privilege or obligation, liability, penalty, forfeiture or punishment may be enforced, instituted, continued or prosecuted subject to the following modifications as if the said Act had not been repealed, namely:- (a) \tthe powers and functions of the Director, Deputy Directors and Taxation Officers appointed under the said Act shall be exercised and performed by the Commissioners of Taxes, Joint Commissioners of Taxes and the Deputy Commissioners of Taxes, respectively, appointed under the Income-tax Act, 1922 (XI of 1922), as if the Commissioners of Taxes, Joint Commissioners of Taxes and Deputy Commissioners of Taxes were the Director, Deputy Directors and Taxation Officers, respectively, appointed under the said Act; (b) \tthe functions of the Appellate Tribunal under the said Act shall be performed by the Appellate Tribunal appointed under the Income-tax Act, 1922 (XI of 1922), as if the Appellate Tribunal appointed under the Income-tax Act, 1922, were the Appellate Tribunal appointed under the said Act; (c) \tall appeals pending before the Appellate Tribunal appointed under the said Act shall be transferred to, and heard and disposed of by, the Appellate Tribunal appointed under the Income-tax Act, 1922 (XI of 1922), in accordance with the provisions of the said Act.",
"name": "Repeal",
"related_acts": "73",
"section_id": 5
},
{
"act_id": 522,
"details": "6. The Transfer of Property Ordinance, 1947 (Ordinance IV of 1947), is hereby repealed.",
"name": "Repeal",
"related_acts": "",
"section_id": 6
},
{
"act_id": 522,
"details": "7. In the Estate Duty Act, 1950 (X of 1950), in section 25A,ÔÇö (a) in clause (1), in the proviso, for the words \"one lakh Taka\" the words \"two lakh Taka\" shall be substituted; (b) in clause (3), the following new provisos shall be added, namely:- “Provided that where the principal value of such house exceeds three lakh Taka this clause shall not apply to so much of such value as exceeds that amount: Provided further that the aggregate of the principal value exempted under this clause together with such value exempted under clause (1) shall not exceed four lakh Taka;”.",
"name": "Amendment of Act X of 1950",
"related_acts": "",
"section_id": 7
},
{
"act_id": 522,
"details": "8. The following amendments shall be made in the Sales Tax Act, 1951 (III of 1951), namely:ÔÇö (1)\tin section 27, in sub-section (3) the words, brackets and figure “sub-section (1) or\" shall be omitted; (2) in section 27C, for the figures, commas, words and brackets \"43, 49, 50, 51 and 52 of Sea Customs Act, 1878 (VIII of 1878)\" the figures, commas, words and brackets \"38, 39, 40 and 41of the Customs Act, 1969 (IV of 1969)\" shall be substituted; (3) \tfor section 31, the following shall be substituted, namely:ÔÇö “31. When the ownership of the business of a manufacturer, producer or exporter is transferred any tax payable in respect of such business remaining unpaid at the time of the transfer shall be payable by the transferee as if he were the manufacturer, producer or exporter.”.",
"name": "Amendments of Act III of 1951",
"related_acts": "354",
"section_id": 8
},
{
"act_id": 522,
"details": "9. In the Gift-tax Act, 1963 (XIV of 1963), in section 4, clause (a) shall be omitted.",
"name": "Amendment of Act XIV of 1963",
"related_acts": "",
"section_id": 9
},
{
"act_id": 522,
"details": "10. The following amendments shall be made in the Customs Act, 1969 (IV of 1969), namely:ÔÇö (1) in section 25, after sub-section (6), the following new sub-section shall be added, namely:ÔÇö “(7) Notwithstanding anything contained in this section, the Government may, by notification in the official Gazette fix for the purpose of levying customs-duties, tariff values for any goods imported or exported as chargeable with customs-duty ad valorem.”; (2) in section 156, in sub-section (1) in the TABLE (1) (2) (3) “10A. If any person contravenes the conditions, limitations or restrictions, if any, imposed under section 19 or section 20 in respect of any goods which have been exempted from the payment of the customs-duties, under that section, such person shall be liable to a penalty not exceeding five times the duty chargeable on such goods; and such goods shall also be liable to confiscation; and 19 & 20”; (b) in item 14, in column 2, for the full stop at the end a semi-colon shall be substituted and thereafter the following shall be added, namely:— “and upon conviction by a Magistrate he shall further be liable to imprisonment for a term not exceeding one year, or to a fine not exceeding Taka five thousand, or to both.”.",
"name": "Amendments of Act IV of 1969",
"related_acts": "354",
"section_id": 10
},
{
"act_id": 522,
"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, 1976,ÔÇö (a)\tincomes-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 purpose 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, 1976,- (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, 1975 (III of 1975), 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, 1976, 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, 1976, 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 (i) Where the goods exported abroad had not been manufactured by the assessee who exported them: 30 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 40 per cent. (b) and where the export sales during the relevant year do not exceed the export sales of the preceding year. (ii) Where the goods exported had been manufactured by the assessee who had exported them: 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 20 per cent. (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; 30 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; 40 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; 50 per cent of the income-tax and super-tax, if any, attributable to export sales. (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 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, 1976, and ending on the thirtieth day of June, 1977. (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": "484",
"section_id": 11
}
],
"text": "An Ordinance 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; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 523,
"lower_text": [],
"name": "The Appropriation (Supplementary) Ordinance, 1976",
"num_of_sections": 3,
"published_date": "28th June, 1976",
"related_act": [
523
],
"repelled": false,
"sections": [
{
"act_id": 523,
"details": "1. This Ordinance may be called the Appropriation (Supplementary) Ordinance, 1976.",
"name": "Short title",
"related_acts": "523",
"section_id": 1
},
{
"act_id": 523,
"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 six hundred sixty-five crores, thirty-three lakhs and ninety-four 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 Taka 665,33,94,000 out of the Consolidated Fund for the year 1975-76",
"related_acts": "",
"section_id": 2
},
{
"act_id": 523,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Ordinance 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 Ordinance to authorise expenditure 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 expenditure 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; NOW, THEREFORE, in pursuance of the Proclamation of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:—"
} |
{
"id": 524,
"lower_text": [
"1 Section 17A was inserted by section 2 of the Railway Nirapatta Bahini (Amendment) Ordinance, 1977 (Ordinance No. XLIV of 1977)"
],
"name": "The Railway Nirapatta Bahini Ordinance, 1976",
"num_of_sections": 21,
"published_date": "28th June, 1976",
"related_act": [
65,
75,
524
],
"repelled": true,
"sections": [
{
"act_id": 524,
"details": "1. (1) This Ordinance may be called the Railway Nirapatta Bahini Ordinance, 1976. (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": "524",
"section_id": 1
},
{
"act_id": 524,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,ÔÇö (a)\t“Chief Commandant” means the Chief Commandant of the Force appointed under section 4; (b)\t“Force” means the Railway Nirapatta Bahini constituted under section 3; (c)\t“member of the Force” means a person appointed to the Force under this Ordinance other than a superior officer; (d)\t“Prescribed” means prescribed by rules made under this Ordinance; (e)\t“railway property” includes any goods, money or valuable security, or animal, belonging to, or in the charge or possession of, the railway administration; (f) \t“superior officer” means any of the officers of the Force appointed under section 4; (g) \twords and expressions used but not defined in this Ordinance and defined in the Railways Act, 1890 (IX of 1890), shall have the meanings respectively assigned to them under that Act.",
"name": "Definitions",
"related_acts": "65",
"section_id": 2
},
{
"act_id": 524,
"details": "3. (1) There shall be constituted and maintained by the Government a Force to be called the Railway Nirapatta Bahini for the better protection and security of railway property. (2) The Force shall be constituted in such manner and shall consist of such number of superior officers and members as may be prescribed.",
"name": "Constitution of the Force",
"related_acts": "",
"section_id": 3
},
{
"act_id": 524,
"details": "4. (1) The Government shall appoint a Chief Commandant of the Force, and may appoint one or more Commandants and Assistant Commandants of the Force. (2) The appointment of the Chief Commandant and other superior officers shall be made in such manner and on such terms and conditions as may be prescribed. (3) The Chief Commandant and every other superior officer shall possess and exercise such powers and authority over the members of the Force under their respective commands as is provided by or under this Ordinance.",
"name": "Appointment of superior officers",
"related_acts": "",
"section_id": 4
},
{
"act_id": 524,
"details": "5. There may be all or any of the following classes of officers and other ranks among the members of the Force, who shall take rank in the order mentioned, namely:ÔÇö A. Classes of officersÔÇö (i)\tChief Inspector, (ii) \tInspector, (iii) \tSub-Inspector, (iv) \tAssistant Sub-Inspector; B. Classes of other ranksÔÇö (i)\tHavildar, (ii)\tNaik, (iii)\tProhari.",
"name": "Classes and ranks of members of the Force",
"related_acts": "",
"section_id": 5
},
{
"act_id": 524,
"details": "6. (1) The appointment of members of the Force shall be made by the Chief Commandant in such manner and on such terms and conditions as may be prescribed: Provided that the power of appointment under this section may also be exercised by such other superior officer as the Chief Commandant may by order specify in this behalf. (2) Every member of the Force shall, on appointment, receive a certificate in the form set out in the Schedule under the seal and signature of the Chief Commandant or such other superior officer as the Chief Commandant may specify in this behalf. (3) A certificate of appointment shall stand cancelled whenever the person named therein ceases for any reason to be a member of the Force and shall remain inoperative during the period of his suspension from the Force.",
"name": "Appointment of members of the Force",
"related_acts": "",
"section_id": 6
},
{
"act_id": 524,
"details": "7. The superintendence of the Force shall vest in the Government, and subject thereto the administration of the Force shall vest in the Chief Commandant who shall discharge his functions in accordance with the provisions of this Ordinance and of any rules made thereunder and under the general supervision of the General Manager of the Bangladesh Railway.",
"name": "Superintendence and administration of the Force",
"related_acts": "",
"section_id": 7
},
{
"act_id": 524,
"details": "8. (1) Subject to the provisions of article 135 of the Constitution and to such rules as may be made by the Government in this behalf, any superior officer may, by order in writing stating reasons therefor, award any one or more of the following punishments to any member of the Force whom he finds to be guilty of disobedience, breach of discipline, misconduct, corruption, neglect of duty or remissness in the discharge of any duty, or of any act rendering him unfit for the discharge of his duty, namely:ÔÇö (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 one month; (h) \tforfeiture of increment in pay; (i) \tfine to any amount not exceeding one month's pay; (j)\tconfinement to quarters for a period not exceeding fourteen days with or without punishment, drill, extra guard, fatigue or other duty; (k)\tcensure. (2) Any superior officer may place under suspension any member of the Force against whom action under sub-section (1) is required to be taken or against whom any inquiry is required to be made. (3) An appeal against any order passed under sub-section (1) shall lie to- (a)\tthe General Manager of the Bangladesh Railway, if the order is passed by the Chief Commandant; (b) \tthe Chief Commandant, if the order is passed by any other superior officer.",
"name": "Punishment to members of the Force",
"related_acts": "",
"section_id": 8
},
{
"act_id": 524,
"details": "9. Subject to the provisions of this Ordinance, the Chief Commandant and every other superior officer and every member of the Force shall for all purposes be deemed to be railway servants within the meaning of the Railways Act, 1890 (IX of 1890), other than Chapter VIA thereof, and shall be entitled to exercise the powers conferred on railway servants by or under that Act.",
"name": "Superior officers and members of the Force to be deemed to be railway servants",
"related_acts": "65",
"section_id": 9
},
{
"act_id": 524,
"details": "10. It shall be the duty of every superior officer and member of the ForceÔÇö (a)\tpromptly to execute all orders lawfully issued to him by his superior authority; (b)\tto protect and safeguard railway property; (c)\tto remove any obstruction in the movement of railway property; and (d)\tto do any other act conducive to the better protection and security of railway property.",
"name": "Duties of superior officers and members of the Force",
"related_acts": "",
"section_id": 10
},
{
"act_id": 524,
"details": "11. Any superior officer or member of the Force may, without any order from a Magistrate and without a warrant, arrest- (a)\tany person who has been concerned in an offence relating to railway property punishable with imprisonment for a term exceeding six months, or against whom a reasonable suspicion exists of his having been so concerned; or (b)\tany person found taking precautions to conceal his presence within railway limits under circumstances which afford reason to believe that he is taking such precautions with a view to committing theft of, or damage to, railway property.",
"name": "Power to arrest without warrant",
"related_acts": "",
"section_id": 11
},
{
"act_id": 524,
"details": "12. (1) Whenever any superior officer, or any member of the Force, not below the rank of Havildar, has reason to believe that any such offence as is referred to in section 11 has been or is being committed and that a search-warrant cannot be obtained without affording the offender an opportunity of escaping or of concealing evidence of the offence, he may detain him and search his person and belongings forthwith and, if he thinks proper, arrest any person whom he has reason to believe to have committed the offence. (2) The provisions of the Code of Criminal Procedure, 1898 (V of 1898), relating to searches under that Code shall, so far as may be, apply to searches under this section.",
"name": "Power to search without warrant",
"related_acts": "75",
"section_id": 12
},
{
"act_id": 524,
"details": "13. Any superior officer or member of the Force making an arrest under this Ordinance shall, without unnecessary delay, make over the person so arrested to a police officer, or, in the absence of a police officer, take such person or cause such person to be taken to the nearest police-station.",
"name": "Procedure to be followed after arrest",
"related_acts": "",
"section_id": 13
},
{
"act_id": 524,
"details": "14. (1) Every superior officer and member of the Force shall, for the purpose of this Ordinance, be considered to be always on duty, and shall, at any time, be liable to be employed in any part of the railways throughout Bangladesh. (2) No superior officer or member of the Force shall engage himself in any employment other than his duties under this Ordinance.",
"name": "Superior officers and members of the Force to be considered always on duty and liable to be employed in any part of the railways",
"related_acts": "",
"section_id": 14
},
{
"act_id": 524,
"details": "15. Notwithstanding anything contained in any other law for the time being in force, superior officers and members of the Force shall have no right to form any trade union or to be members or officers of any trade union.",
"name": "Superior officers and members of the Force not to form any trade union",
"related_acts": "",
"section_id": 15
},
{
"act_id": 524,
"details": "16. Without prejudice to the provisions of section 8, any member of the Force who is guilty of cowardice or of any violation of duty or wilful breach of any provision of law or of any rule, regulation or order which it is his duty as such member to observe or obey or who withdraws himself from the duties of his office without permission, or who, being absent on leave, fails, without reasonable cause, to report himself for duty on the expiration of the leave, or who engages himself without authority in any employment other than his duty as a member of the Force, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.",
"name": "Penalties for neglect of duty, etc.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 524,
"details": "17. No superior officer or member of the Force shall be liable to any penalty or to payment of any damage on account of an act done in good faith in pursuance or intended pursuance of any duty imposed or any authority conferred on him by any provision of this Ordinance or of any rule made thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 17
},
{
"act_id": 524,
"details": "117A. No order passed under any of the provisions of section 8 shall be called in question in any court.",
"name": "Court’s jurisdiction barred in respect of certain orders",
"related_acts": "",
"section_id": 18
},
{
"act_id": 524,
"details": "18. Notwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any superior officer or member of the Force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Ordinance or the rules made thereunder shall be commenced within three months after the act complained of shall have been committed, and not otherwise; and notice in writing of such proceeding and of the cause thereof shall be given to the person concerned and his superior officer at least one month before the commencement of such proceeding.",
"name": "Limitation of Legal proceedings",
"related_acts": "",
"section_id": 19
},
{
"act_id": 524,
"details": "19. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 20
},
{
"act_id": 524,
"details": "20. (1) The Railway Nirapatta Bahini in existence at the commencement of this Ordinance shall be deemed to be the Force constituted under this Ordinance. (2) The Chief Commandant, Commandants, Assistant Commandants, Chief Inspectors, Inspectors, Sub-Inspectors, Assistant Sub-Inspectors, Havildars, Naiks and Prohoris of the Railway Nirapatta Bahini in existence at the commencement of this Ordinance shall be deemed to have been appointed as such under this Ordinance. (3) Anything done or any action taken before the commencement of this Ordinance in relation to the constitution of the Railway Nirapatta Bahini referred to in sub-section (1) and in relation to any person appointed thereto shall be as valid and as effective in law as if such thing or action was done or taken under this Ordinance: Provided that nothing in this sub-section shall render any person guilty of any offence in respect of anything done or committed to be done by him before the commencement of this Ordinance.",
"name": "Provisions relating to existing Railway Nirapatta Bahini",
"related_acts": "",
"section_id": 21
}
],
"text": "An Ordinance to provide for the constitution of a Force for the better protection and security of railway property and for the regulation thereof. WHEREAS it is expedient to provide for the constitution of a Force for the better protection and security of railway property and for the regulation thereof and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:—"
} |
{
"id": 525,
"lower_text": [],
"name": "The Bangladesh Jute Corporation (Repeal) Ordinance, 1976",
"num_of_sections": 2,
"published_date": "30th June, 1976",
"related_act": [
525
],
"repelled": false,
"sections": [
{
"act_id": 525,
"details": "1. (1) This Ordinance may be called the Bangladesh Jute Corporation (Repeal) Ordinance, 1976. (2) It shall come into force on the first day of July, 1976.",
"name": "Short title and commencement",
"related_acts": "525",
"section_id": 1
},
{
"act_id": 525,
"details": "2. (1) On the coming into force of this Ordinance, the Bangladesh Jute Corporation Act, 1973 (XXVII of 1973), hereinafter referred to as the said Act, shall stand repealed. (2) Upon the repeal of the said Act,ÔÇö (a)\tall assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash and bank balances, funds, investments and all other rights and interests in, or arising out of, such property, and all books of accounts, registers, records and documents, of the Bangladesh Jute Corporation, hereinafter referred to as the Jute Corporation, shall stand transferred to, and vest in, the Bangladesh Jute Marketing Corporation established under the Jute Marketing Corporation Act, 1957 (E.P. Act XII of 1957), hereinafter referred to as the Jute Marketing Corporation; (b)\tall debts and liabilities incurred, all obligations undertaken, all contracts entered into and all agreements made by or with the Jute Corporation and subsisting or having effect immediately before such repeal shall be deemed to have been incurred, undertaken, entered into or made by or with the Jute Marketing Corporation; \t(c) \tall Officers and other employees of the Jute Corporation shall stand transferred to and become officers and employees of the Jute Marketing Corporation and shall hold office or service in the Jute Marketing Corporation on the same terms and conditions as were enjoyed by them immediately before such repeal and shall continue to do so until these terms and conditions are altered by the Government or by the Jute Marketing Corporation: Provided that no officer or other employee whose services are so transferred shall be entitled to any compensation because of such transfer; (d)\tall suits and other legal proceedings instituted by or against the Jute Corporation before such repeal shall be deemed to be suits and proceeding by or against the Jute Marketing Corporation and shall be proceeded or otherwise dealt with accordingly. (3) The Government may, for the purpose of removing any difficulty in relation to the transfer and other matters specified in sub-section (2), 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 Ordinance.",
"name": "Repeal of Act XXVII of 1973, and saving",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the Bangladesh Jute Corporation Act, 1973. WHEREAS it is expedient to repeal the Bangladesh Jute Corporation Act, 1973 (XXVII of 1973); NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:—"
} |
{
"id": 526,
"lower_text": [],
"name": "The Newspapers (Annulment of Declaration) (Repeal) Ordinance, 1976",
"num_of_sections": 2,
"published_date": "30th June, 1976",
"related_act": [
526
],
"repelled": false,
"sections": [
{
"act_id": 526,
"details": "1. This Ordinance may be called the Newspapers (Annulment of Declaration) (Repeal) Ordinance, 1976.",
"name": "Short title",
"related_acts": "526",
"section_id": 1
},
{
"act_id": 526,
"details": "2. The Newspapers (Annulment of Declaration) Act, 1975 (XLII of 1975), is hereby repealed.",
"name": "Repeal of Act XLII of 1975",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the Newspapers (Annulment of Declaration) Act, 1975. WHEREAS it is expedient to repeal the Newspapers (Annulment of Declaration) Act, 1975 (XLII of 1975); NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :-"
} |
{
"id": 527,
"lower_text": [
"1 Clause (e) was substituted by section 2 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"2 Sub-section (2) was substituted by section 3 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995)",
"3 The commas and the words “, by lien, mortgage, sell, alienation or otherwise” were inserted by section 4 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995)",
"4 The words “four other members” were substituted for the words “three other members” by section 5 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995)",
"5 Clause (mm) was inserted by section 6 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995)",
"6 Section 11 was substituted by section 7 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995)",
"7 Sub-section (2) was substituted by section 8 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995)",
"8 Section 19A was inserted by section 10 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995)",
"9 The word “works” was substituted for the word “words” by section 9 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995)",
"10 The word “for” was omitted by section 9 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995)",
"11 The words “the towing” were substituted for the words “for the towing” by section 9 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995).",
"12 The words “thirty days” were substituted for the words “one month” by section 11 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995)",
"13 The words “forty five days” were substituted for the words “seventy-five days” by section 11 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995)",
"14 The words “with fine which may extend to taka fifty thousand” were substituted for the words “with fine” by section 12 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995)",
"15 The words “fifty thousand taka” were substituted for the words “five thousand taka” by section 13 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995)",
"16 Section 41A was inserted by section 14 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995)",
"17 Section 51A was inserted by section 15 of the Chittagong Port Authority (Amendment) Act, 1995 (Act No. XIX of 1995)"
],
"name": "The Chittagong Port Authority Ordinance, 1976",
"num_of_sections": 56,
"published_date": "7th July, 1976",
"related_act": [
354,
282,
527,
442,
465,
528,
89,
26
],
"repelled": true,
"sections": [
{
"act_id": 527,
"details": "1. (1) This Ordinance may be called the Chittagong Port Authority Ordinance, 1976. (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": "527",
"section_id": 1
},
{
"act_id": 527,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Authority” means the Chittagong Port Authority established under section 4; (b) \t“Board” means the Board of the Authority constituted under section 6; (c) \t“Chairman” means the Chairman of the Board; (d) \t“dock” includes basins, locks, cuts, quays, wharves, warehouses, railways and other works and things appertaining to any dock; 1(e) “goods” includes wares, merchandise and container of every description; (f) \t“high water-mark” means a line drawn through the highest points reached by ordinary spring tides at any season of the year; (g) \t“land” includes buildings and benefits arising out of land things attached to the earth or permanently fastened to anything attached to the earth and the foreshore and the bed of the river below high water-mark; (h) \t“master”, when used in relation to any vessel, means any person, not being a pilot or harbour master, having for the time being command or charge of such vessel; (i) \t“member” means a member of the Board; (j) \t“owner”, when used in relation to goods, includes any consignor, consignee, shipper or agent for the sale, custody, shipping, clearing or removing such goods, and when used in relation to any vessel, includes any part owner, charterer, consignee of mortgagee in possession thereof; (k) \t“pier” includes any stage, stairs, landing place, jetty, floating barge or pontoon and any bridge or other work connected therewith; (l) \t“Port” means the Chittagong Port as for the time being defined for the purposes of this Ordinance; (m)\t“prescribed” means prescribed by rules; (n) \t“regulations” means regulations made under this Ordinance; (o) \t“rules” means rules made under this Ordinance; (p) “vessel” includes any ship, barge, boat, raft or craft, or any other thing whatever, designed or used for the transport by water of passengers or goods; (q)\t“wharf ” includes any bank of the river which may be improved to facilitate the loading or unloading of goods, and any foreshore used for the same, and any wall enclosing or adjoining such bank or foreshore.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 527,
"details": "3. (1) The Government may, by notification in the official Gazette, define the limits of Chittagong Port for the purposes of this Ordinance; and may, from time to time, by a like notification, alter such limits. 2(2) Such limits may extend to any part of the navigable approaches to the Port and the outer anchorage or to any part of the sea, river, shore, bank or land, and may include any dock, pier, shed or other work made on behalf of the public for the convenience of the traffic, transportation, handling of goods, for the safety of the vessels or for the improvement, maintenance or good governance of the Port or river and their approaches, whether within or without high water mark, and subject to any right of private property therein, any portion of the shore, bank or land within fifty yards of high water mark.",
"name": "Declaration of limits of Port",
"related_acts": "",
"section_id": 3
},
{
"act_id": 527,
"details": "4. (1) With effect from such date as the Government may, by notification in the official Gazette, appoint, there shall be established an Authority for Chittagong Port to be called the Chittagong Port Authority for carrying out the purposes of this Ordinance. (2) The Authority shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of 3, by lien, mortgage, sell, alienation or otherwise property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of the Authority",
"related_acts": "",
"section_id": 4
},
{
"act_id": 527,
"details": "5. (1) The general direction and management of the Authority and its affairs shall vest in a Board which may exercise all powers and do all acts and things which may be exercised done by the Authority. (2) The Board in discharging its functions shall be guided on questions of policy by such directions as may be given to it, from time to time, by the Government.",
"name": "Management",
"related_acts": "",
"section_id": 5
},
{
"act_id": 527,
"details": "6. (1) The Board of the Authority shall consist of a Chairman and not more than 4four other members to be appointed by the Government. (2) The Chairman and other members shall be full-time officers of the Authority and shall hold office on such terms and conditions as may be determined by the Government. (3) The Chairman shall be the chief executive officer of the Authority. (4) The Chairman and other members shall perform such functions and discharge such duties as are assigned to them by or under this Ordinance.",
"name": "The Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 527,
"details": "7. (1) The meetings of the Board shall be held at such times and places and in such manner as may be provided by regulations: Provided that, until regulations are made in this behalf, the meetings of the Board shall be held as and when convened by the Chairman. (2) To constitute a quorum at a meeting of the Board not less than two members shall be present. (3) At a meeting of the Board each member shall have one vote, and in the event of equality of votes the Chairman shall have a second or casting vote. (4) The meetings of the Board shall be presided over by the Chairman, and, in his absence, by a 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 the existence of any vacancy in, or any defect in the constitution of, the Board.",
"name": "Meetings",
"related_acts": "",
"section_id": 7
},
{
"act_id": 527,
"details": "8. The Government may, in consultation with the Authority, appoint an Advisory Committee consisting of such number of persons as it may think fit for the purpose of advising the Authority in respect of such matters as may be referred to it by Authority or by the Government.",
"name": "Advisory Committee",
"related_acts": "",
"section_id": 8
},
{
"act_id": 527,
"details": "9. The functions of the Authority shall be- (a) \tto manage, maintain, improve and develop the Port; (b) \tto provide and maintain adequate and efficient port services and facilities in the Port or the approaches to the Port; (c) \tto regulate and control berthing and movement of vessels and navigation within the Port; (d) \tto do such acts and things as may be necessary or convenient to be done in connection with, or incidental or conductive to, the performance of its functions under this Ordinance.",
"name": "Functions of the Authority",
"related_acts": "",
"section_id": 9
},
{
"act_id": 527,
"details": "10. (1) Subject to the other provisions of this Ordinance, the Authority may take such measures and exercise such powers as may be necessary for carrying out the purposes of this Ordinance. (2) Without prejudice to the generality of the powers conferred by sub-section (1), the Authority shall, in particular, have power- (a)\tto construct, maintain and operate docks, moorings, piers and bridges within the Port, with all necessary and convenient drains, arches, culverts, roads, railways, fences and approaches; (b) \tto undertake any work of or in connection with the loading, unloading and storing of goods in the Port; (c) \tto construct, maintain and operate ferry vessels to carry passengers, vehicles and goods within the Port; (d) \tto construct, maintain and operate railways, warehouses, sheds, engines, cranes, scales and other appliances for conveying, receiving, handling and storing goods to be landed or shipped or otherwise dealt with by the Authority; (e) \tto reclaim, excavate, enclose or raise any part of the bank or bed of the river; (f) \tto construct, maintain and operate dredgers and appliances for cleaning, deepening and improving the bed of the river; (g) \tto construct, maintain and operate all means and appliances for berthing, loading and discharging vessels; (h) \tto construct, maintain and operate vessels for towing or rendering assistance to vessels, saving life and property or recovering any property lost, sunk or stranded; (i) \tto supply fuel or water to vessels; (j) \tto provide fire and security services within the Port; (k) \tto acquire, hire, procure, construct, erect, manufacture, provide, operate, maintain or repair anything whatsoever required by the Authority for the purposes of this Ordinance; (l) \tto control the erection and use of docks and any other works, whether above or below the high water-mark, within the Port or the approaches to the Port; (m) \tto acquire any undertaking affording or intending to afford facilities for the loading and discharging or warehousing of goods in the Port or for the bunkering of vessels; 5(mm)\tto regulate the custom agents licensed under the Customs Act, 1969 (IV of 1969) in the performance of their functions within the limits of Chittagong Port; (n)\tto enter into any contract, bond or agreement of any kind whatsoever for the purposes of this Ordinance.",
"name": "Powers of the Authority",
"related_acts": "354",
"section_id": 10
},
{
"act_id": 527,
"details": "611. (1) The Authority may, by notice in writing, order the master or owner or agent of any vessel or equipment to remove from any dock, mooring, pier, anchor site or any other site belonging to the Authority. (2) If such vessel or equipment is not removed therefrom within the time specified in the notice, the Authority may charge in respect of such vessel or equipment at the rate specified by it in accordance with the provisions of section 19.",
"name": "Removal of vessels and equipment from docks, etc.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 527,
"details": "12. (1) The Authority shall, immediately upon the landing of any goods on its quay, wharf or pier, take charge thereof and store such of the goods as may be liable to damage or deterioration by exposure in any shed or warehouse belonging to the Authority. 7(2) Subject to the provisions of this Ordinance, the responsibility of the Authority for the loss, destruction or deterioration of goods of which it has taken charge shall be that of a bailee under section 151, 152, 161 and 164 of the Contract Act, 1872 (IX of 1872): Provided that no responsibility under this section shall attach to the Authority after the expiry of ten days from the date of taking charge of goods by the Authority.",
"name": "Authority to take charge of goods",
"related_acts": "26",
"section_id": 12
},
{
"act_id": 527,
"details": "13. Where under the provisions of any law for the regulation of duties of customs, any dock, mooring, pier or shed, provided under this Ordinance for the use of sea-going vessels is appointed to be a dock or wharf for the landing or shipping, or a warehouse for the storing of goods within the meaning of such law, the Authority shall set apart, maintain and secure on or in such dock, mooring, pier or shed such option thereof, or place therein, or adjoining thereto, for the use of the officers of Customs as the Government may approve of or appoint in that behalf.",
"name": "Accommodation for Customs officers on docks, etc.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 527,
"details": "14. Notwithstanding that any dock, mooring, pier or shed or portion thereof has, under the provisions of section 13, been set apart of the use of the officers of Customs, all dues, rates, tolls, charges and rents payable under this Ordinance in respect thereof or for the use thereof or for the storage of goods therein, shall be paid and be payable to the Authority, or to such persons as it may appoint to receive the same.",
"name": "Dues at Customs docks, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 527,
"details": "15. (1) The master of every vessel entering or leaving the Port to which the provisions of the Customs Act, 1969 (IV of 1969), in regard to entering or clearing at a Customs House, do not apply shall be bound to stop at one or other of the stations established by Authority for the registration of river-borne traffic, and forthwith to make a full and true declaration of the nature and value of the cargo at the time being carried by him on such vessel. (2) No such master shall withdraw his vessel from any such station until he has received from the officer-in-charge of the same a pass on which the particulars of the nature and value of the cargo so being carried shall be recorded.",
"name": "Registration of cargo-boat traffic",
"related_acts": "354",
"section_id": 15
},
{
"act_id": 527,
"details": "16. (1) The Authority shall have the right of maintaining pilots for the navigation of vessels at the Port and shall be bound to provide a sufficient number of pilots for that purpose, and all fees for pilotage shall be paid to the Authority: Provided that no person shall be appointed to be a pilot by the Authority who is not for the time being authorised under the provisions of the Ports Act, 1908(XV of 1908), to pilot vessels.",
"name": "Right of the Authority to maintain pilots",
"related_acts": "89",
"section_id": 16
},
{
"act_id": 527,
"details": "17. (1) Save as provided in section 18, no person except the Authority shall make, erect or fix below high water-mark within the Port any dock, pier, erection or mooring. (2) Any matter or thing made, created or fixed in contravention of sub-section (1) may be removed by the Authority and the person who has so made, erected or fixed any such matter or thing shall be punishable with fine which may extend to ten thousand taka for every day during which such matter or thing has been permitted to remain so made, erected or fixed after notice to remove the same has been given to him, and shall also be liable to pay all expenses which may have been incurred by the Authority in removing such matter or thing.",
"name": "Private docks, etc. prohibited",
"related_acts": "",
"section_id": 17
},
{
"act_id": 527,
"details": "18. The Authority may, by order in writing and subject to such conditions as may be specified therein, permit any person to make, erect or fix below high water-mark within the Port any dick, pier, erection or mooring.",
"name": "Power to permit erection of private docks, etc.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 527,
"details": "819A. The Authority may, with the previous sanction of the Government and by notification, impose a river due on all goods landed from or shipped into any seagoing vessel lying or being within the limits of the Port, whether such goods shall or shall not be so landed or shipped at any dock, wharf, quay, stage, mooring, jetty or pier belonging to the Authority.",
"name": "Power of Authority to impose river due",
"related_acts": "",
"section_id": 19
},
{
"act_id": 527,
"details": "19. (1) The Authority shall frame- (a)\ta scale of tolls, dues, rates and charges, annual or other, to be paid by the owners of vessels plying, whether for hire or not and whether regularly or occasionally, within or partly within and partly without the limits of the Port, in respect of such vessels and of persons whether in charge of or on board such vessels, and also in respect of the licensing, registration and regulation of such vessels and persons: Provided that no such tolls, dues, rates and charges shall be chargeable in respect of vessels which are liable to port dues under the provisions of Schedule I to the Ports Act, 1908 (XV of 1908); (b)\ta scale of tolls, dues, rates and charges- (i)\tfor the landing and shipment of goods from and in sea-going vessels, and vessels not being sea-going, respectively, at such docks, piers and anchorages as belong to the Authority, or any other agency authorised by the Authority to construct such docks; (ii) \tfor the use of such docks, piers, and anchorages by such vessels; (iii)\tfor the storing and keeping of any goods stored in any premises belonging to the Authority; (iv) \tfor the removal of goods; and (v) \tfor the use of any mooring; (c) \ta scale of tolls for the use of the said docks, piers and anchorages by any such vessels, in case the Authority permits the goods to be landed or shipped by persons other than its own officers and employees; and (d)\ta scale of charges for- (i)\tany service to be performed by the Authority or its officers and employees in respect of any vessels or goods; (ii)\tthe use of any 9works or appliances to be provided by the Authority; (iii)\t 10* * * the carrying of passengers and their personal effects on vessels belonging to, or hired by, the Authority; and (iv)\t 11the towing of and rendering assistance to any vessels, tugs or other boats, or their equipment, within the limits of the Port or outside those limits, for the purpose of saving or protecting life or property. (2) Every scale framed under sub-section (1) shall be submitted to the Government and after approval or modification by the Government, shall be published in the official Gazette.",
"name": "Scales of tolls, etc.",
"related_acts": "89",
"section_id": 20
},
{
"act_id": 527,
"details": "20. The Authority may, in special cases, with the previous sanction of the Government, remit the whole or any portion of a toll, due, rate or charge leviable according to any scale for the time being in force under section 19: Provided that no sanction of the Government shall be necessary if the remission in any one case does not exceed one thousand taka or such larger sum as the Government may from time to time specify.",
"name": "Remission of tolls, etc.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 527,
"details": "21. (1) For the amount of all tolls, dues, rates and charges leviable under this Ordinance in respect of any goods, the Authority shall have a lien on such goods, and shall be entitled to seize and detain the same until such tolls, dues, rates and charges are fully paid. (2) For the amount of rent lawfully due on buildings, plinths, stacking areas and other premises which are the property of the Authority and not paid after demands therefor have been duly preferred, the Authority shall have a lien on all goods therein or thereon, and shall be entitled to seize and detain the same. (3) Tolls, dues, rates and charges in respect of goods to be landed shall become payable immediately on the landing of goods and in respect of goods to be removed from the premises of the Authority or to be shipped for export shall be payable before the goods are removed or shipped. (4) The lien for such tolls, dues, rates and charges shall have priority over all other liens and claims, except a lien for freight, primage and general average, where such lien has been reserved in the manner hereinafter provided, and the lien for money payable to the Government under any law for the time being in force.",
"name": "Authority’s lien for tolls etc.",
"related_acts": "",
"section_id": 22
},
{
"act_id": 527,
"details": "22. (1) If the master or owner of any vessel, at or before the time of landing from such vessel of any goods at any dock or pier, gives to the Authority notice in writing that such goods are to remain subject to a lien for freight, primage or average of any amount to be mentioned in such notice, such goods shall continue to be liable, after the landing thereof, to such lien. (2) Such goods shall be retained either in the warehouses or sheds of the Authority or, with the consent of the Collector of Customs, in a public warehouse, at the risk and expense of the owner of the said goods, until the lien is discharged as hereinafter mentioned.",
"name": "Ship owner’s lien for freight",
"related_acts": "",
"section_id": 23
},
{
"act_id": 527,
"details": "23. Upon the production to any officer appointed by the Authority in that behalf of a document purporting to be receipt for, or a release from, the amount of such lien, executed by the person by or on whose behalf such notice has been given, the Authority may permit such goods to be removed without regard to such lien.",
"name": "Discharge of Ship owner’s lien for freight",
"related_acts": "",
"section_id": 24
},
{
"act_id": 527,
"details": "24. (1) If the tolls, dues, rates and charges payable to the Authority under this Ordinance in respect of any goods or if rents due under section 21 are not paid, or if the lien for freight, primage or general average, where such notice as mentioned in section 22 has been given, is not discharged, the Authority may, and in the latter event , if required by or on behalf of the person claiming such lien for freight, primage or general average, shall at the expiration of two months from the time when the goods were placed in its custody, or seized and detained for rents due sell by public auction the said goods, or so much thereof as may be necessary to satisfy the amount hereinafter directed to be paid out of the produce of such sale. (2) Before making such sale at least ten days' notice of the sale shall be given by publication thereof in a daily newspaper and a copy thereof shall be affixed in a conspicuous place in the office of the Authority. (3) If the address of the consignee of the goods or of his agent has been stated on the manifest of the cargo or in any of the documents which have come into the hands of the Authority, or is otherwise known, notice shall also be given to the consignee of the goods or to his agent by letter delivered at such address or sent by post; but the title of a bona fide purchaser of such goods shall not be invalidated by reasons of the omission to send such notice, nor shall any such purchaser be bound to inquire whether such notice has been sent: Provided that, if such goods are of so perishable a nature as, in the opinion of the officer appointed by the Authority in that behalf, to render early or immediate sale necessary or advisable, the Authority may, within such period being not less than twenty-four hours after the landing of the goods as it thinks fit, sell by public auction the said goods or such portion thereof as aforesaid in which event such notice, if any, shall be given to the consignee of the goods or his agents as the urgency of the case admits of .",
"name": "Recovery of tolls, etc. by sale of goods",
"related_acts": "",
"section_id": 25
},
{
"act_id": 527,
"details": "25. (1) When delivery of goods is not claimed or effected by the owner at the expiry of 12thirty days from the date on which they are placed in the custody of the Authority, the Authority shall cause a notice to be served upon the owner requiring him to remove the goods: Provided that, where all rates and charges in respect of such goods have been duly paid, such notice shall not be served till the expiration of two months from the date on which the goods were placed in the custody of the Authority. (2) Such notice shall be published and served in the manner prescribed in sub-sections (2) and (3) of section 24, but where the owner is not known or the notice cannot be served upon him or he does not comply with the notice, the Authority may sell the goods by public auction after the expiration of 13forty five days from the date on which such goods were placed in the custody of the Authority. (3) The Government may, by notification in the official Gazette, exempt any goods or class of goods from the operation of this section.",
"name": "Removal of unclaimed and un cleared goods",
"related_acts": "",
"section_id": 26
},
{
"act_id": 527,
"details": "26. (1) If the master of any vessel in respect of which any tolls, dues, rates, charges or penalties are payable under this Ordinance, or any regulations or orders made thereunder, refuses or neglects to pay the same or any part thereof on demand, the Authority may distrain or arrest of its own authority such vessel, and the tackle, apparel or furniture belonging thereto, or any part thereof, and detain the same until the amount so due is paid. (2) In case any part of the said tolls, dues, rates, charges or penalties, or of the costs of the distress or arrest or of the keeping of the same, remains unpaid for a period of fifteen days next after any such distress or arrest has been so made, the Authority may cause the vessel, or other things so distrained or arrested, to be sold, and with the proceeds of such sale may satisfy such tolls, dues, rates, charges or penalties and costs of sale remaining unpaid, rendering the surplus, if any, to the master of such vessel on demand.",
"name": "Power to distrain vessels for non-payment of tolls, etc.",
"related_acts": "",
"section_id": 27
},
{
"act_id": 527,
"details": "27. If the Authority gives to the officer of Government, whose duty is to grant the port-clearance of any vessel, a notice stating that an amount therein specified is due in respect of tolls, dues, rates, charges or penalties chargeable under this Ordinance, or any regulations or orders made thereunder, against such vessel, or by the owner or master of such vessel in respect thereof , or against or in respect of any goods on board such vessel, such officer shall not grant such port-clearance until the amount so chargeable has been paid.",
"name": "Port-clearance not to be granted till tolls, etc., paid",
"related_acts": "",
"section_id": 28
},
{
"act_id": 527,
"details": "28. Notwithstanding anything contained in sections 21, 22, 23, 24, 25, 26 and 27, the Authority may recover by suit any tolls, dues, rates, charges, damages, expenses, costs, or in case of sale the balance thereof, when the proceeds of sale are insufficient, or any penalty payable to or recoverable by the Authority under this Ordinance or any regulations made thereunder.",
"name": "Alternative remedy by suit",
"related_acts": "",
"section_id": 29
},
{
"act_id": 527,
"details": "29. The surplus, if any, of the moneys credited under section 36 of the Ports Act, 1908 (XV of 1908), to the account of the port fund of the Authority, after defraying therefrom all expenses legally chargeable to the said account shall be paid to the Authority.",
"name": "Surplus of port dues to be paid to the Authority",
"related_acts": "89",
"section_id": 30
},
{
"act_id": 527,
"details": "30. (1) The Authority shall provide a sufficient number of landing places and bathing places within the Port from, upon or in which the public may be permitted to embark, land or bath free of charge. (2) The Authority may occupy or remove or alter any landing place or bathing place, and prohibit the public from using such landing place or bathing place: Provided that the Authority shall in that case provide for the use of the public some other landing places or bathing places.",
"name": "Public landing and bathing places",
"related_acts": "",
"section_id": 31
},
{
"act_id": 527,
"details": "31. The Authority may, from time to time, appoint such officers and other employees as it may consider necessary for the performance of its functions on such terms and conditions as may be prescribed by regulations.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 32
},
{
"act_id": 527,
"details": "32. The Chairman, members, officers and other employees of the Authority shall, when acting or purporting to act in pursuance of any of the provisions of this Ordinance, be deemed to be public servants within the meaning of section 21 of the Penal Code (XLV of 1860).",
"name": "Members, etc., to be public servants",
"related_acts": "",
"section_id": 33
},
{
"act_id": 527,
"details": "33. No suit, prosecution or other legal proceeding shall lie against the Authority or against the Board or the Chairman or any member, officer or other employee of the Authority in respect of anything in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 34
},
{
"act_id": 527,
"details": "34. The Authority may, by general or special order, delegate to the Chairman or a member or an officer of the Authority any of its powers, duties or functions under this Ordinance subject to such conditions as it may think fit to impose.",
"name": "Delegation of powers to Chairman, etc.",
"related_acts": "",
"section_id": 35
},
{
"act_id": 527,
"details": "35. (1) There shall be formed a fund to be known as the Chittagong Port Authority Fund which shall vest in the Authority and shall be utilised by the Authority to meet the charges in connection with its functions under this Ordinance, including the payment of salaries and other remuneration to the Chairman, members, officers and other employees of the Authority. (2) To the credit of the Chittagong Port Authority Fund shall be placed- (a) \tgrants made by the Government; (b) \tloans obtained from the Government; (c) \tgrants made by local authorities; (d) \tsale proceeds of movable and immovable property and receipts for services rendered; (e) \tloans obtained by the Authority with the special or general sanction of the Government; (f)\tforeign aids and loans obtained from any source outside Bangladesh with the sanction of, and on such terms as may be approved by, the Government; (g) \tproceeds of all charges and recoveries made under the Ports Act, 1908 (XV of 1908), and the provisions of this Ordinance; and (h) \tall other sums receivable by the Authority.",
"name": "Authority Fund",
"related_acts": "89",
"section_id": 36
},
{
"act_id": 527,
"details": "36. The Authority may, with the previous approval in writing of the Government, borrow money for carrying out the purposes of this Ordinance or for servicing any loan obtained by it.",
"name": "Borrowing power",
"related_acts": "",
"section_id": 37
},
{
"act_id": 527,
"details": "37. The Authority shall, by such date in each year as may be prescribed, submit to the Government for approval a budget in the prescribed form for each financial year showing the estimated receipts and expenditure and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 38
},
{
"act_id": 527,
"details": "38. (1) The accounts of the Authority shall be maintained by it in such form and manner as may be prescribed by the Government. (2) Without prejudice to the provisions of the Comptroller and Auditor-General (Additional Functions) Act, 1974 (XXIV of 1974), the accounts of the Authority shall be audited by not less than two auditors, being chartered accountants within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), who shall be appointed by the Government, on such remuneration, to be paid by the Authority, as the Government may fix. (3) Every auditor appointed under sub-section (2) shall be given a copy of the annual balance-sheet of the Authority, 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 Authority; and shall at all reasonable times have access to the books, accounts and other documents of the Authority, and may in relation to such accounts examine any officer of the Authority. (4) The auditors shall report to the Authority upon the annual balance-sheet and accounts, and in their report 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 Authority's affairs, and in case they have called for any explanation or information from the Authority, 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 Authority for the protection of the interest of the Government and of the creditors of the Authority or upon the sufficiency of their procedure in auditing the accounts of the Authority, and may, at any time, enlarge or extend the scope of the audit or direct that a different procedure in audit be adopted or that any other examination be made by the auditors if in its opinion the public interest so requires.",
"name": "Audit and accounts",
"related_acts": "465,442",
"section_id": 39
},
{
"act_id": 527,
"details": "39. The Authority shall provide such sums as the Government may, from time to time, determine as a contribution for the maintenance of police employed for the protection of the Port and the approaches to the Port.",
"name": "Cost of Port Police",
"related_acts": "",
"section_id": 40
},
{
"act_id": 527,
"details": "40. Whoever contravenes any provision of this Ordinance or any rule or regulation made thereunder shall, if no other penalty is provided for such contravention, be punishable with imprisonment for a term which may extend to six months, or 14with fine which may extend to Taka fifty thousand, or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 41
},
{
"act_id": 527,
"details": "41. Any person who removes or attempts to remove, or abets within the meaning of the Penal Code (XLV of 1860), the removal of any goods, vessel, animal or vehicle with the intention of evading payment of the tolls, dues, rates or charges lawfully payable in respect thereof shall be punishable with fine which may extend to 15fifty thousand Taka.",
"name": "Penalty for evading tolls, etc.",
"related_acts": "",
"section_id": 42
},
{
"act_id": 527,
"details": "1641A. Any person who throws or allows to fall into the water, shore, bank or land within the limits of the Port any goods, ballast ashes or any other thing whatsoever causing pollution of the water or environment shall be punishable with fine which may extend to one lakh Taka.",
"name": "Penalty for pollution etc.",
"related_acts": "",
"section_id": 43
},
{
"act_id": 527,
"details": "42. (1) In case any damage or mischief is done to any dock, pier or work of the Authority by any vessel, through the negligence of the master thereof or of any of the mariners or persons employed therein, not being in the service of the Authority, any Magistrate of the first class having jurisdiction in the Port area may, on the application of the Authority and on declaration by it that payment for such damage or mischief has been refused or has not been made on demand, issue a summons to the master or owner of such vessel, requiring him to attend on a day and at an hour named in the summons to answer touching such damage or mischief. (2) If, at the time appointed in the summons, and whether the person summoned appears or not, it is proved that the alleged damage was done through such negligence as aforesaid, and that the pecuniary amount of the same does not exceed five thousand Taka, the Magistrate may issue his warrant of distress, under which a sufficient portion of the boats, masts, spares, ropes, cables, anchors or stores of the vessel may be seized and sold to cover the expenses of and attending the execution of the distress, and the pecuniary amount of damage as aforesaid, and such amount shall be paid to the Authority out of the proceeds of the distress: Provided that if, at the time of the damage or mischief, the vessel was under the orders of a duly authorised officer belonging to the pilot service of the Authority and if such damage or mischief is in any way attributable to the order, act or improper omission of such officer, the case shall not be cognizable by the Magistrate under this section.",
"name": "Compensation for damage to property",
"related_acts": "",
"section_id": 44
},
{
"act_id": 527,
"details": "43. No Court shall take cognizance of any offence punishable under this Ordinance except on a complaint in writing made by the Authority or by an officer authorised for the purpose by the Authority.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 45
},
{
"act_id": 527,
"details": "44. All fees and sums due on account of property for the time being vested in the Authority and all arrears of tolls, charges, rates and dues imposed under this Ordinance may be recovered as arrears of land revenue, in addition to the other modes provided by this Ordinance.",
"name": "Recovery of dues as arrears of land revenue",
"related_acts": "",
"section_id": 46
},
{
"act_id": 527,
"details": "45. (1) It shall be lawful for the Chairman or any member, or for any person either generally or specially authorised by the Chairman in this behalf,- (a) \tto enter upon and survey, inspect or take level of any land; (b) \tto dig or bore into the sub-soil; (c) \tto set out the boundaries and intended lines of any work; (d) \tto mark such levels, boundaries and lines by placing marks and cutting trenches; and (e) \tto do all other acts necessary to be done for any of the purposes of this Ordinance or for the preparation or execution of any plan or scheme in respect of the Port. (2) No person shall enter upon any land without previously giving the occupier of the land at least twenty-four hours' notice in writing of his intention to do so.",
"name": "Power of entry",
"related_acts": "",
"section_id": 47
},
{
"act_id": 527,
"details": "46. Any land required by the Authority for carrying out the purposes of this Ordinance shall be deemed to be needed for a public purpose and such land may be requisitioned or acquired for the Authority by the Deputy Commissioner or any other officer in accordance with any law for the time being in force.",
"name": "Compulsory acquisition of land for the Authority",
"related_acts": "",
"section_id": 48
},
{
"act_id": 527,
"details": "47. (1) The Authority shall submit to the Government, as soon as possible after the end of every financial year but before the last day of December next following, a report on the conduct of its affairs for that year. (2) The Government may, after giving sufficient notice to the Authority, require it to furnish the Government with- (a)\tany return, statement, estimates, statistics, or other information regarding any matter under the control of the Authority; (b) \ta report on any subject with which the Authority is concerned; or (c) \ta copy of any document in the charge of the Authority; and the Authority shall comply with every such requisition.",
"name": "Submission of yearly reports and returns",
"related_acts": "",
"section_id": 49
},
{
"act_id": 527,
"details": "48. The Authority shall not be answerable- (a)\tfor any misfeasance, malfeasance or nonfeasance of any of its officers or other employees or of any persons acting under the authority or direction of any such officer or other employee; or (b)\tfor any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other things within the limits of the Port which may be used by such vessel: Provided that nothing in this section shall protect the Authority from a suit in respect of any negligence or default on its part or of any act done by or under its express order or sanction.",
"name": "Indemnity to the Authority for acts of officers, etc.",
"related_acts": "",
"section_id": 50
},
{
"act_id": 527,
"details": "49. (1) No suit shall be instituted against the Authority or against the Chairman or any member, officer or other employee of the Authority or any person acting under their direction for anything done or purporting to be done under this Ordinance until the expiration of one month next after notice in writing has been delivered or left at the office of the Authority stating the cause of the suit and the name and place of residence of the intending plaintiff. (2) Every such suit shall be commenced within six months next after the accrual of the right to sue and not afterwards.",
"name": "Limitation of suits",
"related_acts": "",
"section_id": 51
},
{
"act_id": 527,
"details": "50. No provision of law relating to the winding up of bodies corporate shall apply to the Authority and the Authority shall not be wound up save by order of the Government and in such manner as it may direct.",
"name": "Winding up",
"related_acts": "",
"section_id": 52
},
{
"act_id": 527,
"details": "51. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 53
},
{
"act_id": 527,
"details": "1751A. Notwithstanding anything contained in this Ordinance or in any other law, rule or regulations for the time being in force, the Government may, if it considers necessary in the public interest, transfer on deputation any officer of the Authority to Inland Water Transport Authority established under the Inland Water Transport Authority Ordinance, 1958 (E. P. Ord. LXXV of 1958) or Mongla Port Authority established under the Mongla Port Authority Ordinance, 1976 (LIII of 1976) and any officer of Inland Water Transport Authority to Mongla Port Authority or Chittagong Port Authority and any officer of Mongla Port Authority to Inland Water Transport Authority or Chittagong Port Authority.",
"name": "Transfer of officers on deputation",
"related_acts": "282,528",
"section_id": 54
},
{
"act_id": 527,
"details": "52. (1) The Authority, may, with the prior approval of the Government, make regulations for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for- (a)\tregulating, declaring and defining the docks, wharves, quays, stages, jetties and piers on and from which goods shall be landed from and shipped in vessels within the Port; (b) \tsafe and convenient use of such docks, wharves, quays, stages, jetties and piers and of landing places, railways, warehouses, sheds, and other works in and adjoining them; (c) \tregulating the manner in which, and the conditions under which, the loading and discharging of vessels shall be carried out; (d) \tregulating the reception and removal of goods within and from the premises of the Authority and for declaring the procedure to be followed in taking charge of goods which may have been damaged before landing or may be alleged to be so damaged; (e) \tregulating the mode of payment of tolls, dues, rates and charges levied under this Ordinance; (f) \tfishing and regulating the wages and allowances for pilotage to be received by pilots; (g) \tfor regulating the behaviour and conduct of pilots, whether maintained by the Authority or not; (h) \tproviding water for ships and for licensing and regulating water-boats within the Port; (i) \tremoval of works from the Port or the river and keeping clean the Port, the river, the foreshore and the works of the Authority and for preventing filth and rubbish being thrown therein or thereon; (j) \tregulating conditions liabilities and responsibilities for the different types of goods received or shipped from or to vessels on docks, piers, sheds, open storages and moorings; (k) \tguidance of persons employed by the Authority under this Ordinance and generally for carrying out the purpose of this Ordinance; and (l) \tany other matter required under any provision of this Ordinance to be provided or prescribed by regulations. (3) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.",
"name": "Power of the Authority to make regulations",
"related_acts": "",
"section_id": 55
},
{
"act_id": 527,
"details": "53. (1) Upon the establishment of the Authority- (a) \tthe Chittagong Port Act, 1914 (Ben. Act V of 1914), shall stand repealed; (b) \tall rules, regulations, bye-laws or orders made, notifications issued, acts done and actions and proceedings taken under the said Act, and force immediately before the establishment of the Authority, shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue in force until altered, repealed or amended under the said provisions; (c) \tall assets, rights, powers, authorities and privileges, and all properties, movable and immovable, including lands, buildings, works, work-shops, machinery, leases, leaseholds, licences, cash and bank balances, funds, investments, and all other rights and interests in, or arising out of, such property of the Board of Trustees of the Port of Chittagong (hereinafter referred to as the Board of Trustees) or vested in or held in trust by the Board of Trustees subsisting immediately before the establishment of the Authority shall stand transferred to, and vest in, the Authority; (d) \tall debts, obligations, and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Board of Trustees before the establishment of the Authority shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Authority; (e) \tall tolls, dues, rates, charges, fees and other sums of money due to the Board of Trustees immediately before the establishment of the Authority shall be deemed to be due to the Authority; (f) \tall tolls, dues, rates, charges and fees levied by the Board of Trustees shall, until they are varied by the Authority, continue to be levied at the same rate at which they were levied by it immediately before the establishment of the Authority; (g) \tevery officer or other employee of the Board of Trustees shall stand transferred to and become an officer or employee of the Authority and shall hold office or service in the Authority on the same terms and conditions as were enjoyed by them immediately before such transfer and shall continue to do so until these terms and conditions are altered under this Ordinance: Provided that no officer or other employee whose services are so transferred shall be entitled to any compensation because of such transfer; (h)\tall suits and other legal proceedings instituted by or against the Board of Trustees before the establishment of the Authority shall be deemed to be suits and proceedings by or against the Authority and shall be proceeded or otherwise dealt with accordingly. (2) The Government may, for the purpose of removing any difficulty in relation to the transfer and 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 Ordinance.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 56
}
],
"text": "An Ordinance to provide for the establishment of the Chittagong Port Authority. WHEREAS it is expedient to provide for the establishment of an Authority for the management, maintenance and development of Chittagong Port and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 528,
"lower_text": [
"1 Throughout the Ordinance except in section 53 the words “Mongla Port” were substituted for the words “Port of Chalna” by section 2 of the Port of Chalna Authority (Amendment) Act, 1987 (Act No. I of 1987)",
"2 Clause (e) was substituted by section 2 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"3 Sub-section (2) was substituted by section 3 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"4 The commas and the words “by lien, mortgage, sale, alienation or otherwise” were inserted by section 4 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"5 Clause (mm) was inserted by section 5 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"6 Section 11 was substituted by section 6 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"7 Sub-section (2) was substituted by section 7 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"8 Section 19A was inserted by section 9 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"9 The word “for” was omitted by section 8 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"10 The word “for” was omitted by section 8 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"11 The words “thirty days” were substituted for the words “one month” by section 10 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"12 The words “forty-five days” were substituted for the words “seventy-five days” by section 10 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"13 The words “with fine which may extend to Taka fifty thousand” were substituted for the words “with fine” by section 11 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"14 The words “fifty thousand Taka” were substituted for the words “five thousand Taka” by section 12 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"15 Section 41A was inserted by section 13 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"16 Section 51A was added by section 14 of the Mongla Port Authority (Amendment) Act, 1995 (Act No. XX of 1995)",
"17 Clause (e) was substituted by section 2 of the Port of Chalna Authority (Amendment) Ordinance, 1982 (Ordinance No. LIV of 1982)"
],
"name": "The Mongla Port Authority Ordinance, 1976",
"num_of_sections": 56,
"published_date": "7th July, 1976",
"related_act": [
354,
282,
527,
528,
465,
442,
89,
26
],
"repelled": true,
"sections": [
{
"act_id": 528,
"details": "1. (1) This Ordinance may be called the Mongla Port Authority Ordinance, 1976. (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": "528",
"section_id": 1
},
{
"act_id": 528,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Authority” means the Mongla Port Authority established under section 4; (b) \t“Board” means the Board of the Authority constituted under section 6; (c) \t“Chairman” means the Chairman of the Board; (d) \t“dock” includes basins, locks, cuts, quays, wharves, warehouses, railways and other works and things appertaining to any dock; 2(e) \t“goods” includes wares, merchandise and container of every description; (f) \t“high water-mark” means a line drawn through the highest points reached by ordinary spring tides at any season of the year; (g)\t“land” includes buildings and benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth and the foreshore and the bed of the river below high water-mark; (h)\t“master”, when used in relation to any vessel, means any person, not being a pilot or harbour master, having for the time being command or charge of such vessel; (i) \t“member” means a member of the Board; (j) \t“owner”, when used in relation to goods, includes any consignor, consignee, shipper or agent for the sale, custody, shipping, clearing or removing such goods, and when used in relation to any vessel, includes any part owner, charterer, consignee or mortgagee in possession thereof; (k) \t“pier” includes any stage, stairs, landing place, jetty, floating barge or pontoon and any bridge or other work connected therewith; (l) \t“Port” means the Mongla Port as for the time being defined for the purposes of this Ordinance; (m)\t\t“prescribed” means prescribed by rules; (n)\t\t“Regulations” means regulations made under this Ordinance; (o)\t\t“rules” means rules made under this Ordinance; (p)\t“vessel” includes any ship, barge, boat, raft or craft, or any other thing whatever, designed or used for the transport by water or passenger or goods; (q)\t“wharf” includes any bank of the river which may be improved to facilitate the loading or unloading of goods, and any foreshore used for the same, and any wall enclosing or adjoining such bank or foreshore.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 528,
"details": "3. (1) The Government may, by notification in the official Gazette, define the limits of Mongla Port for the purposes of this Ordinance; and may, from time to time, by a like notification, alter such limits. 3(2) Such limits may extend to any part of the navigable approaches to the port and the outer anchorage or to any part of the sea, river, shore, bank or land, and may include any dock, pier, shed or other work made on behalf of the public for the convenience of the traffic, transportation, handling of goods, for the safety of the vessels or for the improvement, maintenance or good governance of the port or river and their approaches, whether within or without high water mark, and subject to any right of private property therein, any portion of the shore, bank or land within fifty yards of high water mark.",
"name": "Declaration of limits of Port",
"related_acts": "",
"section_id": 3
},
{
"act_id": 528,
"details": "4. (1) With effect from such date as the Government may, by notification in the official Gazette, appoint, there shall be established an Authority for Mongla Port to be called the Mongla Port Authority for carrying out the purposes of this Ordinance. (2) The Authority shall be a body corporate, having perpetual succession, and a common seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of 4by lien, mortgage, sale, alienation or otherwise property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of the Authority",
"related_acts": "",
"section_id": 4
},
{
"act_id": 528,
"details": "5. (1) The general direction and management of the Authority and its affairs shall vest in a Board which may exercise all powers and do all acts and things which may be exercised or done by the Authority. (2) The Board in discharging its functions shall be guided on questions of policy by such directions as may be given to it, from time to time, by the Government.",
"name": "Management",
"related_acts": "",
"section_id": 5
},
{
"act_id": 528,
"details": "6. (1) The Board of the Authority shall consist of a Chairman and not more than three other members to be appointed by the Government. (2) The Chairman and other members shall be full-time officers of the Authority and shall hold office on such terms and conditions as may be determined by the Government. (3) The Chairman shall be the chief executive officer of the Authority. (4) The Chairman and other members shall perform such functions and discharge such duties as are assigned to them by or under this Ordinance.",
"name": "The Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 528,
"details": "7. (1) The meetings of the Board shall be held at such times and places and in such manner as may be provided by regulations: Provided that, until regulations are made in this behalf, the meetings of the Board shall be held as and when convened by the Chairman. (2) To constitute a quorum at a meeting of the Board not less than two members shall be present. (3) At a meeting of the Board each member shall have one vote, and in the event of equality of votes the Chairman shall have a second or casting vote. (4) The meetings of the Board shall be presided over by the Chairman, and, in his absence, by 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 the existence of any vacancy in, or any defect in the constitution of, the Board.",
"name": "Meetings",
"related_acts": "",
"section_id": 7
},
{
"act_id": 528,
"details": "8. The Government may, in consultation with the Authority, appoint an Advisory Committee consisting of such number of persons as it may think fit for the purpose of advising the Authority in respect of such matters as may be referred to it by the Authority or by the Government.",
"name": "Advisory Committee",
"related_acts": "",
"section_id": 8
},
{
"act_id": 528,
"details": "9. The functions of the Authority shall be- (a)\tto manage, maintain, improve and develop the Port; (b)\tto provide and maintain adequate and efficient port services and facilities in the Port or the approaches to the Port; (c)\tto regulate and control berthing and movement of vessels and navigation within the Port; (d)\tto do such acts and things as may be necessary or convenient to be done in connection with, or incidental or conducive to, the performance of its functions under this Ordinance.",
"name": "Functions of the Authority",
"related_acts": "",
"section_id": 9
},
{
"act_id": 528,
"details": "10. (1) Subject to the other provisions of this Ordinance, the Authority may take such measures and exercise such powers as may be necessary for carrying out the purposes of this Ordinance. (2) Without prejudice to the generality of the powers conferred by sub- section (1), the Authority shall, in particular, have power- (a)\tto construct, maintain and operate docks, moorings, piers and bridges within the Port, with all necessary and convenient drains, arches, culverts, roads, railways, fences and approaches; (b)\tto undertake any work of or in connection with the loading, unloading and storing of goods in the Port; (c)\tto construct, maintain and operate ferry vessels to carry passengers, vehicles and goods within the Port; (d)\tto construct, maintain and operate railways, warehouses, sheds, engines, cranes, scales and other appliances for conveying, receiving, handling and storing goods to be landed or shipped or otherwise dealt with by the Authority; (e) \tto reclaim, excavate, enclose or raise any part of the bank or bed of the river; (f) \tto construct, maintain and operate dredgers and appliances for clearing, deepening and improving the bed of the river; (g) \tto construct, maintain and operate all means and appliances for berthing, loading and discharging vessels; (h) \tto construct, maintain and operate vessels for towing or rendering assistance to vessels, saving life and property or recovering any property lost, sunk or stranded; (i) \tto supply fuel or water to vessels; (j) \tto provide fire and security services within the Port; (k) \tto acquire, hire, procure, construct, erect, manufacture, provide, operate, maintain or repair anything whatsoever required by the Authority for the purposes of this Ordinance; (l) \tto control the erection and use of docks and any other works, whether above or below the high water-mark, within the Port or the approaches to the Port; (m)\tto acquire any undertaking affording or intending to afford facilities for the loading and discharging or warehousing of goods in the Port or for the bunkering of vessels; 5(mm) \tto regulate the custom agents licensed under the Customs Act, 1969 (IV of 1969) in the performance of their functions within the limits of Port; (n)\tto enter into any contract, bond or agreement of any kind whatsoever for the purposes of this Ordinance.",
"name": "Powers of the Authority",
"related_acts": "354",
"section_id": 10
},
{
"act_id": 528,
"details": "611. (1) The Authority may, by notice in writing, order the master or owner or agent of any vessel or equipment to remove from any dock, mooring, pier, anchor site or any other site belonging to the Authority. (2) If such vessel or equipment is not removed therefrom within the time specified in the notice, the Authority may charge in respect of such vessel or equipment at the rate specified by it in accordance with the provisions of section 19.",
"name": "Removal of vessels and equipment from docks, etc.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 528,
"details": "12. (1) The Authority shall, immediately upon the landing of any goods on its quay, wharf or pier, take charge thereof and store such of the goods as may be liable to damage or deterioration by exposure in any shed or warehouse belonging to the Authority. 7(2) Subject to the provisions of this Ordinance, the responsibility of the Authority for the loss, destruction or deterioration of goods of which it has taken charge shall be that of a bailee under section 151, 152, 161 and 164 of the Contract Act, 1872 (IX of 1872) : Provided that no responsibility under this section shall attach to the Authority after the expiry of ten days from the date of taking charge of goods by the Authority.",
"name": "Authority to take charge of goods",
"related_acts": "26",
"section_id": 12
},
{
"act_id": 528,
"details": "13. Where under the provisions of any law for the regulation of duties of customs, any dock, mooring, pier or shed, provided under this Ordinance for the use of sea-going vessels, is appointed to be a dock or wharf for the landing or shipping, or a warehouse for the storing of goods within the meaning of such law, the Authority shall set apart, maintain and secure on or in such dock, mooring, pier or shed such portion thereof, or place therein, or adjoining thereto, for the use of the officers of Customs as the Government may approve of or appoint in that behalf.",
"name": "Accommodation for Customs Officers on docks, etc.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 528,
"details": "14. Notwithstanding that any dock, mooring, pier or shed or portion thereof has, under the provisions of section 13, been set apart for the use of the officers of Customs, all dues, rates, tolls, charges and rents payable under this Ordinance in respect thereof or for the use thereof or for the storage of goods therein, shall be paid and be payable to the Authority, or to such persons as it may appoint to receive the same.",
"name": "Dues at Customs docks, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 528,
"details": "15. (1) The master of every vessel entering or leaving the Port to which the provisions of the Customs Act, 1969 (IV of 1969), in regard to entering or clearing at a Customs House, do not apply shall be bound to stop at one or other of the stations established by the Authority for the registration of river-borne traffic, and forthwith to make a full and true declaration of the nature and value of the cargo at the time being carried by him on such vessel. (2) No such master shall withdraw his vessel from any such station until he has received from the officer-in-charge of the same a pass on which the particulars of the nature and value of the cargo so being carried shall be recorded.",
"name": "Registration of cargo-boat traffic",
"related_acts": "354",
"section_id": 15
},
{
"act_id": 528,
"details": "16. (1) The Authority shall have the right of maintaining pilots for the navigation of vessels at the Port and shall be bound to provide a sufficient number of pilots for that purpose, and all fees for pilotage shall be paid to the Authority: Provided that no person shall be appointed to be a pilot by the Authority who is not for the time being authorised under the provisions of the Ports Act, 1908 (XV of 1908), to pilot vessels.",
"name": "Right of the Authority to maintain pilots",
"related_acts": "89",
"section_id": 16
},
{
"act_id": 528,
"details": "17. (1) Save as provided in section 18, no person except the Authority shall make, erect or fix below high water-mark within the Port any dock, pier, erection or mooring. (2) Any matter or thing made, erected or fixed in contravention of sub-section (1) may be removed by the Authority and the person who has so made, erected or fixed any such matter or thing shall be punishable with fine which may extend to ten thousand Taka and with a further fine which may extend to one thousand Taka for every day during which such matter or thing has been permitted to remain so made, erected or fixed after notice to remove the same has been given to him, and shall also be liable to pay all expenses which may have been incurred by the Authority in removing such matter or thing.",
"name": "Private docks, etc. prohibited",
"related_acts": "",
"section_id": 17
},
{
"act_id": 528,
"details": "18. The Authority may, by order in writing and subject to such conditions as may be specified therein, permit any person to make, erect or fix below high water-mark within the Port any dock, pier, erection or mooring.",
"name": "Power to permit erection of private docks, etc.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 528,
"details": "819A. The Authority may, with the previous sanction of the Government and by notification impose a river due on all goods landed from or shipped into any seagoing vessel lying or being within the limits of the Port, whether such goods shall or shall not be so landed or shipped at any dock, wharf, quay, stage, mooring, jetty or pier belonging to the Authority or not.",
"name": "Power of Authority to impose river dues",
"related_acts": "",
"section_id": 19
},
{
"act_id": 528,
"details": "19. (1) The Authority shall frame- (a)\ta scale of tolls, dues, rates and charges, annual or other, to be paid by the owners of vessels plying , whether for hire or not and whether regularly or occasionally, within or partly within and partly without the limits of the Port, in respect of such vessels and of persons whether in charge of or on board such vessels, and also in respect of the licensing, registration and regulation of such vessels and persons: Provided that no such tolls, dues, rates and charges shall be chargeable in respect of vessels which are liable to port dues under the provisions of Schedule 1 to the Ports Act, 1908 (XV of 1908); (b) \ta scale of tolls, dues, rates and charges- (i)\tfor the landing and shipment of goods from and in sea-going vessels, and vessels not being sea-going, respectively, at such docks, piers and anchorages as belong to the Authority, or any other agency authorised by the Authority to construct such docks; (ii) \tfor the use of such docks, piers, and anchorages by such vessels; (iii)\tfor the storing and keeping of any goods stored in any premises belonging to the Authority; (iv) \tfor the removal of goods; and (v) \tfor the use of any mooring; (c)\ta scale of tolls for the use of the said docks, piers and anchorages by any such vessels, in case the Authority permits the goods to be landed or shipped by persons other than its own officers and employees; and (d) \ta scale of charges for- (i)\tany services to be performed by the Authority or its officers and employees in respect of any vessels or goods; (ii) \tthe use of any works or appliances to be provided by the Authority; (iii)\t 9* * * the carrying of passengers and their personal effects on vessels belonging to, or hired by, the Authority; and (iv)\t 10* * * the towing of and rendering assistance to any vessels, tugs or other boats, or their equipment, within the limits of the Port or outside those limits, for the purpose of saving or protecting life or property. (2) Every scale framed under sub-section (1) shall be submitted to the Government and, after approval or modification by the Government, shall be published in the official Gazette.",
"name": "Scales of tolls, etc.",
"related_acts": "89",
"section_id": 20
},
{
"act_id": 528,
"details": "20. The Authority may, in special cases, with the previous sanction of the Government, remit the whole or any portion of a toll, due, rate or charge leviable according to any scale for the time being in force under section 19: Provided that no sanction of the Government shall be necessary if the remission in any one case does not exceed one thousand taka or such larger sums as the Government may from time to time specify.",
"name": "Remission of tolls, etc.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 528,
"details": "21. (1) For the amount of all tolls, dues, rates and charges leviable under this Ordinance in respect of any goods, the Authority shall have a lien on such goods, and shall be entitled to seize and detain the same until such tolls, dues, rates and charges are fully paid. (2) For the amount of rent lawfully due on buildings, plinths, stacking areas and other premises which are the property of the Authority and not paid after demands therefore have been duly preferred, the Authority shall have a lien on all goods therein or thereon, and shall be entitled to seize and detain the same. (3) Tolls, dues, rates and charges in respect of goods to be landed shall become payable immediately on the landing of goods and in respect of goods to be removed from the premises of the Authority or to be shipped for export shall be payable before the goods are removed or shipped. (4) The lien for such tolls, dues, rates and charges shall have priority over all other liens and claims, except a lien for freight, primage and general average, where such lien has been reserved in the manner hereinafter provided, and the lien for money payable to the Government under any law for the time being in force.",
"name": "Authority’s lien for tolls, etc.",
"related_acts": "",
"section_id": 22
},
{
"act_id": 528,
"details": "22. (1) If the master or owner of any vessel, at or before the time of landing from such vessel of any goods at any dock or pier, gives to the Authority notice in writing that such goods are to remain subject to a lien for freight, primage or average of any amount to be mentioned in such notice, such goods shall continue to be liable, after the landing thereof, to such lien. (2) Such goods shall be retained either in the warehouses or sheds of the Authority or, with the consent of the Collector of Customs, in a public warehouse, at the risk and expense of the owner of the said goods, until the lien is discharged as hereinafter mentioned.",
"name": "Ship owner’s lien for freight",
"related_acts": "",
"section_id": 23
},
{
"act_id": 528,
"details": "23. Upon the production to any officer appointed by the Authority in that behalf of a document purporting to be a receipt for, or a release from, the amount of such lien, executed by the person by or on whose behalf such notice has been given, the Authority may permit such goods to be removed without regard to such lien.",
"name": "Discharge of Ship owner’s lien for freight",
"related_acts": "",
"section_id": 24
},
{
"act_id": 528,
"details": "24. (1) If the tolls, dues, rates and charges payable to the Authority under this Ordinance in respect of any goods or if rents due under section 21 are not paid, or if the lien for freight, primage or general average, where such notice as mentioned in section 22 has been given, is not discharged, the Authority may, and in the latter event, if required by or on behalf of the person claiming such lien for freight, primage or general average, shall at the expiration of two months from the time when the goods were placed in its custody, or seized and detained for rents due sell by public auction the said goods, or so much thereof as may be necessary to satisfy the amount hereinafter directed to be paid out of the produce of such sale. (2) Before making such sale at least ten days' notice of the sale shall be given by publication thereof in a daily newspaper and a copy thereof shall be affixed in a conspicuous place in the office of the Authority. (3) If the address of the consignee of the goods or of his agent has been stated on the manifest of the cargo or in any of the documents which have come into the hands of the Authority, or is otherwise known, notice shall also be given to the consignee of the goods to his agent by letter delivered at such address or sent by post; but the title of a bona fide purchaser of such goods shall not be invalidated by reason of the omission to send such notice, nor shall any such purchaser be bound to inquire whether such notice has been sent: Provided that, if such goods are of so perishable a nature as, in the opinion of the officer appointed by the Authority in that behalf, to render early or immediate sale necessary or advisable, the Authority may, within such period being not less than twenty-four hours after the landing of the goods, as it thinks fit, sell by public auction the said goods or such portion thereof as aforesaid in which event such notice, if any, shall be given to the consignee of the goods or his agent as the urgency of the case admits of.",
"name": "Recovery of tolls, etc. by sale of goods",
"related_acts": "",
"section_id": 25
},
{
"act_id": 528,
"details": "25. (1) When delivery of goods is not claimed or effected by the owner at the expiry of 11thirty days from the date on which they are placed in the custody of the Authority, the Authority shall cause a notice to be served upon the owner requiring him to remove the goods: Provided that, where all rates and charges in respect of such goods have been duly paid, such notice shall not be served till the expiration of two months from the date on which the goods were placed in the custody of the Authority. (2) Such notice shall be published and served in the manner prescribed in sub-sections (2) and (3) of section 24, but where the owner is not known or the notice cannot be served upon him or he does not comply with the notice, the Authority may sell the goods by public auction after the expiration of 12forty-five days from the date on which such goods were placed in the custody of the Authority. (3) The Government may, by notification in the official Gazette, exempt any goods or class of goods from the operation of this section.",
"name": "Removal of unclaimed and un cleared goods",
"related_acts": "",
"section_id": 26
},
{
"act_id": 528,
"details": "26. (1) If the master of any vessel in respect of which any tolls, dues, rates, charges or penalties are payable under this Ordinance, or any regulations or orders made thereunder, refuses or neglects to pay the same or any part thereof on demand, the Authority may distrain or arrest of its own authority such, vessel, and the tackle, apparel or furniture belonging thereto, or any part thereof, and detain the same until the amount so due is paid. (2) In case any part of the said tolls, dues, rates, charges or penalties, or of the costs of the distress or arrest or of the keeping of the same, remains unpaid for a period of fifteen days next after any such distress or arrest has been so made, the Authority may cause the vessel, or other things so distrained or arrested, to be sold, and with the proceeds of such sale may satisfy such tolls, dues, rates, charges or penalties and costs of sale remaining unpaid, rendering the surplus, if any, to the master of such vessel on demand.",
"name": "Power to distrain vessels for non-payment of tolls, etc.",
"related_acts": "",
"section_id": 27
},
{
"act_id": 528,
"details": "27. If the Authority gives to the officer of Government, whose duty is to grant the port- clearance of any vessel, a notice stating that an amount therein specified is due in respect of tolls, dues, rates, charges or penalties chargeable under this Ordinance, or any regulations or orders made thereunder, against such vessel, or by the owner or master of such vessel in respect thereof, or against or in respect of any goods on board such vessel, such officer shall not grant such port-clearance until the amount so chargeable has been paid.",
"name": "Port-clearance not to be granted till tolls, etc. paid",
"related_acts": "",
"section_id": 28
},
{
"act_id": 528,
"details": "28. Notwithstanding anything contained in sections 21, 22, 23, 24, 25, 26 and 27, the Authority may recover by suit any tolls, dues, rates, charges, damages, expenses, costs, or in case of sale the balance thereof, when the proceeds of sale are insufficient, or any penalty payable to or recoverable by the Authority under this Ordinance or any regulations made thereunder.",
"name": "Alternative remedy by suit",
"related_acts": "",
"section_id": 29
},
{
"act_id": 528,
"details": "29. The surplus, if any, of the moneys credited under section 36 of the Ports Act, 1908 (XV of 1908), to the account of the Port fund of the Authority, after defraying therefrom all expenses legally chargeable to the said account, shall be paid to the Authority.",
"name": "Surplus of port dues to be paid to the Authority",
"related_acts": "89",
"section_id": 30
},
{
"act_id": 528,
"details": "30. (1) The Authority shall provide a sufficient number of landing places and bathing places within the Port from, upon or in which the public may be permitted to embark, land or bath free of charge. (2) The Authority may occupy or remove or alter any landing place or bathing place, and prohibit the public from using such landing place or bathing place: Provided that the Authority shall in that case provide for the use of the public some other landing places or bathing places.",
"name": "Public landing and bathing places",
"related_acts": "",
"section_id": 31
},
{
"act_id": 528,
"details": "31. The Authority may, from time to time, appoint such officers and other employees as it may consider necessary for the performance of its functions on such terms and conditions as may be prescribed by regulations.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 32
},
{
"act_id": 528,
"details": "32. The Chairman, members, officers and other employees of the Authority shall when acting or purporting to act in pursuance of any of the provisions of this Ordinance, be deemed to be public servants within the meaning of section 21 of the Penal Code (XLV of 1860).",
"name": "Members, etc. to be public servants",
"related_acts": "",
"section_id": 33
},
{
"act_id": 528,
"details": "33. No suit, prosecution or other legal proceeding shall lie against the Authority or against the Board or the Chairman or any member, officer or other employee of the Authority in respect of anything in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 34
},
{
"act_id": 528,
"details": "34. The Authority may, by general or special order, delegate to the Chairman or a member or an officer of the Authority any of its powers, duties or functions under this Ordinance subject to such conditions as it may think fit to impose.",
"name": "Delegation of powers to Chairman, etc.",
"related_acts": "",
"section_id": 35
},
{
"act_id": 528,
"details": "35. (1) There shall be formed a fund to be known as the Mongla Port Authority Fund which shall vest in the Authority and shall be utilised by the Authority to meet the charges in connection with its functions under this Ordinance, including the payment of salaries and other remuneration to the Chairman, members, officers and other employees of the Authority.\t(2) To the credit of the Mongla Port Authority Fund shall be placed- (a)\tgrants made by the Government; (b) \tloans obtained from the Government; (c) \tgrants made by local authorities; (d)\tsale proceeds of movable and immovable property and receipts for services rendered; (e) \tloans obtained by the Authority with the special or general sanction of the Government; (f) \tforeign aids and loans obtained from any source outside Bangladesh with the sanction of , and on such terms as may be approved by, the Government; (g) \tproceeds of all charges and recoveries made under the Ports Act, 1908 (XV of 1908) and the provisions of this Ordinance; and (h) \tall other sums receivable by the Authority.",
"name": "Authority Fund",
"related_acts": "89",
"section_id": 36
},
{
"act_id": 528,
"details": "36. The Authority may, with the previous approval in writing of the Government, borrow money for carrying out the purposes of this Ordinance or for servicing any loan obtained by it.",
"name": "Borrowing power",
"related_acts": "",
"section_id": 37
},
{
"act_id": 528,
"details": "37. The Authority shall, by such date in each year as may be prescribed, submit to the Government for approval a budget in the prescribed form for each financial year showing the estimated receipts and expenditure and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 38
},
{
"act_id": 528,
"details": "38. (1) The accounts of the Authority shall be maintained by it in such form and manner as may be prescribed by the Government. (2) Without prejudice to the provisions of the Comptroller and Auditor-General (Additional Functions) Act, 1974 (XXIV of 1974), the accounts of the Authority shall be audited by not less than two auditors, being chartered accountants within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), who shall be appointed by the Government, on such remuneration, to be paid by the Authority, as the Government may fix. (3) Every auditor appointed under sub-section (2) shall be given a copy of the annual balance-sheet of the Authority, 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 Authority; and shall at all reasonable times have access to the books, accounts and other documents of the Authority, and may in relation to such accounts examine any officer of the Authority. (4) The auditors shall report to the Authority upon the annual balance-sheet and accounts, and in their report 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 Authority's affairs, and in case they have called for any explanation or information from the Authority, 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 Authority for the protection of the interest of the Government and of the creditors of the Authority or upon the sufficiency of their procedure in auditing the accounts of the Authority, and may, at any time, enlarge or extend the scope of the audit or direct that a different procedure in audit be adopted or that any other examination be made by the auditors if in its opinion the public interest so requires.",
"name": "Audit and accounts",
"related_acts": "465,442",
"section_id": 39
},
{
"act_id": 528,
"details": "39. The Authority shall provide such sums as the Government may, from time to time, determine as a contribution for the maintenance of police employed for the protection of the port and the approaches to the Port.",
"name": "Cost of Port Police",
"related_acts": "",
"section_id": 40
},
{
"act_id": 528,
"details": "40. Whoever contravenes any provision of this Ordinance or any rule or regulation made thereunder shall, if no other penalty is provided for such contravention, be punishable with imprisonment for a term which may extend to six months, or 13with fine which may extend to taka fifty thousand, or with both.",
"name": "Penalty",
"related_acts": "",
"section_id": 41
},
{
"act_id": 528,
"details": "41. Any person who removes or attempts to remove, or abets within the meaning of the Penal Code (XLV of 1860), the removal of any goods, vessel, animal or vehicle with the intention of evading payment of the tolls, dues, rates or charges lawfully payable in respect thereof shall be punishable with fine which may extend to 14fifty thousand taka.",
"name": "Penalty for evading tolls, etc.",
"related_acts": "",
"section_id": 42
},
{
"act_id": 528,
"details": "1541A. Any person who throws or allows to fall into the water, shore, bank or land within the limits of the Port any goods, ballast, ashes or any other thing whatsoever causing pollution of the water or environment shall be punishable with fine which may extend to one lakh taka.",
"name": "Penalty for pollution etc",
"related_acts": "",
"section_id": 43
},
{
"act_id": 528,
"details": "42. (1) In case any damage or mischief is done to any dock, pier or work of the Authority by any vessel, through the negligence of the master thereof or of any of the mariners or persons employed therein, not being in the service of the Authority, any Magistrate of the first class having jurisdiction in the Port area may, on the application of the Authority and on declaration by it that payment for such damage or mischief has been refused or has not been made on demand, issue a summons to the master or owner of such vessel, requiring him to attend on a day and at an hour named in the summons to answer touching such damage or mischief. (2) If, at the time appointed in the summons, and whether the person summoned appears or not, it is proved that the alleged damage was done through such negligence as aforesaid, and that the pecuniary amount of the same does not exceed five thousand taka, the Magistrate may issue his warrant of distress, under which a sufficient portion of the boats, masts, spares, ropes, cables, anchors or stores of the vessel may be seized and sold to cover the expenses of and attending the execution of the distress, and the pecuniary amount of damage as aforesaid, and such amount shall be paid to the Authority out of the proceeds of the distress: Provided that if, at the time of the damage or mischief, the vessel was under the orders of a duly authorised officer belonging to the pilot service of the Authority, and if such damage or mischief is in any way attributable to the order, act or improper omission of such officer, the case shall not be cognizable by the Magistrate under this section.",
"name": "Compensation for damage to property",
"related_acts": "",
"section_id": 44
},
{
"act_id": 528,
"details": "43. No Court shall take cognizance of any offence punishable under this Ordinance except on a complaint in writing made by the Authority or by an officer authorised for the purpose by the Authority.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 45
},
{
"act_id": 528,
"details": "44. All fees and sums due on account of property for the time being vested in the Authority and all arrears of tolls, charges, rates and dues imposed under this Ordinance may be recovered as arrears of land revenue, in addition to the other modes provided by this Ordinance.",
"name": "Recovery of dues as arrears of land revenue",
"related_acts": "",
"section_id": 46
},
{
"act_id": 528,
"details": "45. (1) It shall be lawful for the Chairman or any member, or for any person either generally or specially authorised by the Chairman in this behalf,- (a)\tto enter upon and survey, inspect or take level of any land; (b) \tto dig or bore into the sub-soil; (c) \tto set out the boundaries and intended lines of any work; (d) \tto mark such levels, boundaries and lines by placing marks and cutting trenches; and (e) \tto do all other acts necessary to be done for any of the purposes of this Ordinance or for the preparation or execution of any plan or scheme in respect of the Port. (2) No person shall enter upon any land without previously giving the occupier of the land at least twenty-four hours' notice in writing of his intention to do so.",
"name": "Power of entry",
"related_acts": "",
"section_id": 47
},
{
"act_id": 528,
"details": "46. Any land required by the Authority for carrying out the purposes of this Ordinance shall be deemed to be needed for a public purpose and such land may be requisitioned or acquired for the Authority by the Deputy Commissioner or any other officer in accordance with any law for the time being in force.",
"name": "Compulsory acquisition of land for the Authority",
"related_acts": "",
"section_id": 48
},
{
"act_id": 528,
"details": "47. (1) The Authority shall submit to the Government, as soon as possible after the end of every financial year but before the last day of December next following, a report on the conduct of its affairs for that year. (2) The Government may, after giving sufficient notice to the Authority, require it to furnish the Government with- (a)\tany return, statement, estimates, statistics, or other information regarding any matter under the control of the Authority; (b) \ta report on any subject with which the Authority is concerned; or (c) \ta copy of any document in the charge of the Authority; and the Authority shall comply with every such requisition.",
"name": "Submission of yearly reports and returns",
"related_acts": "",
"section_id": 49
},
{
"act_id": 528,
"details": "48. The Authority shall not be answerable- (a)\tfor any misfeasance, malfeasance or nonfeasance of any of its officers or other employees or of any person acting under the authority or direction of any such officer or other employee; or (b)\tfor any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other things within the limits of the Port which may be used by such vessel: Provided that nothing in this section shall protect the Authority from a suit in respect of any negligence or default on its part or of any act done by or under its express order or sanction.",
"name": "Indemnity to the Authority for acts of officers, etc.",
"related_acts": "",
"section_id": 50
},
{
"act_id": 528,
"details": "49. (1) No suit shall be instituted against the Authority or against the Chairman or any member, officer or other employee of the Authority or any person acting under their direction for anything done or purporting to be done under this Ordinance until the expiration of one month next after notice in writing has been delivered or left at the office of the Authority stating the cause of the suit and the name and place of residence of the intending plaintiff. (2) Every such suit shall be commenced within six months next after the accrual of the right to sue and not afterwards.",
"name": "Limitation of suits",
"related_acts": "",
"section_id": 51
},
{
"act_id": 528,
"details": "50. No provision of law relating to the winding up of bodies corporate shall apply to the Authority and the Authority shall not be wound up save by order of the Government and in such manner as it may direct.",
"name": "Winding up",
"related_acts": "",
"section_id": 52
},
{
"act_id": 528,
"details": "51. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power of Government to make rules",
"related_acts": "",
"section_id": 53
},
{
"act_id": 528,
"details": "1651A. Notwithstanding anything contained in this Ordinance or in any other law, rule or regulations for the time being in force, the Government may, if it considers necessary in the public interest, transfer on deputation any Officer of the Authority to Inland Water Transport Authority established under the Inland Water Transport Authority Ordinance, 1958 (E. P. Ord. LXXV of 1958) or Chittagong Port Authority established under the Chittagong Port Authority Ordinance, 1976 (LII of 1976) and any Officer of Inland Water Transport Authority to Chittagong Port Authority or Mongla Port Authority and any Officer of Chittagong Port Authority to Inland Water Transport Authority or Mongla Port Authority.",
"name": "Transfer of Officers on deputation",
"related_acts": "282,527",
"section_id": 54
},
{
"act_id": 528,
"details": "52. (1) The Authority may, with the prior approval of the Government, make regulations for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for- (a) \tregulating, declaring and defining the docks, wharves, quays, stages, jetties and piers on and from which goods shall be landed from and shipped in vessels within the Port; (b) safe and convenient use of such docks, wharves, quays, stages, jetties and piers and of landing places, railways, warehouses, sheds, and other works in and adjoining them; (c) \tregulating the manner in which, and the conditions under which, the loading and discharging of vessels shall be carried out; (d) \tregulating the reception and removal of goods within and from the premises of the Authority and for declaring the procedure to be followed in taking charge of goods which may have been damaged before landing or may be alleged to be so damaged; (e) \tregulating the mode of payment of tolls, dues, rates and charges levied under this Ordinance; (f) \tfixing and regulating the wages and allowance for pilotage to be received by pilots; (g) \tfor regulating the behaviour and conduct of pilots, whether maintained by the Authority or not; (h) \tproviding water for ships and for licensing and regulating water-boats within the Port; (i) \tremoval of wrecks from the Port or the river and keeping clean the Port, the river, the foreshore and the works of the Authority and for preventing filth and rubbish being thrown therein or thereon; (j) \tregulating conditions, liabilities and responsibilities for the different types of goods received or shipped from or to vessels on docks, piers, sheds, open storages and moorings; (k) \tguidance of persons employed by the Authority under this Ordinance and generally for carrying out the purpose of this Ordinance; and (l) \tany other matter required under any provision of this Ordinance to be provided or prescribed by regulations. (3) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.",
"name": "Power of the Authority to make regulations",
"related_acts": "",
"section_id": 55
},
{
"act_id": 528,
"details": "53. (1) Notwithstanding anything contained in any other law for the time being in force, or in any rules, regulations or bye-laws, or in any contract or agreement, or in any conditions of service, upon the establishment of the Authority- (a)\tall assets, rights, powers, authorities and privileges, and all properties, movable and immovable, including lands, buildings, works, workshops, machinery, leases, leaseholds, licences, fund, and all other rights and interests in, or arising out of, such property of the Government relating to the Port of Chalna subsisting immediately before the establishment of the Authority shall stand transferred to, and vest in the Authority; (b) \tall debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Government relating to the Port of Chalna before the establishment of the Authority shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Authority; (c)\tall tolls, dues, rates, charges, fees and other sums of money due to the Government relating to the Port of Chalna immediately before the establishment of the Authority shall be deemed to be due to the Authority; (d)\tall tolls, dues, rates, charges and fees levied by the Government relating to the Port of Chalna shall, until they are levied by the Authority continue to be levied at the same rate at which they were levied by the Government immediately before the establishment of the Authority; 17(e) \tevery person in the service of the Republic serving in, or in connection with the affairs of, the Port of Chalna shall, notwithstanding anything contained in any law or in any terms and conditions of service for the time being in force, become, on the commencement of the Port of Chalna Authority (Amendment) Ordinance, 1982, an officer or employee, as the case may be, of the Authority on such terms and conditions, not being to his disadvantage, as the Government may, in consultation with the Authority, determine and such officer or employee shall hold his office or service in the Authority and shall continue to do so unless and until his employment in the Authority is terminated : Provided that an officer or employee may, within such time as may be specified by the Authority, exercise his option not to continue in the service of the Authority and the Authority may terminate the service of an officer or employee who exercises his option not to continue in the service of the Authority by giving him compensation equivalent to three months' remuneration in case of a permanent officer or employee and one month's remuneration in the case of temporary officer or employee. Explanation. The compensation to an officer or employee under the proviso 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; (f)\tall suits and other legal proceedings instituted by or against the Government relating to the Port of Chalna before the establishment of the Authority shall be deemed to be suits and proceedings by or against the Authority and shall be proceeded or otherwise dealt with accordingly. (2) The Government may, for the purpose of removing any difficulty in relation to the transfer and 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 this Ordinance.",
"name": "Transfer of assets, etc., relating to Port of Chalna to the Authority",
"related_acts": "",
"section_id": 56
}
],
"text": "An Ordinance to provide for the establishment of the Mongla Port Authority.1♣ WHEREAS it is expedient to provide for the establishment of an Authority for the management, maintenance and development of Mongla Port and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 529,
"lower_text": [
"1 Clause (e) was omitted by section 2 of The Public Servants (Marriage with Foreign Nationals) (Amendment) Act, 2009 (Act. No. XLII of 2009).",
"2 Section 3 was substituted by section 3 of The Public Servants (Marriage with Foreign Nationals) (Amendment) Act, 2009 (Act. No. XLII of 2009) (with effect from 2nd July, 2008)."
],
"name": "The Public Servants (Marriage with Foreign Nationals) Ordinance, 1976",
"num_of_sections": 4,
"published_date": "10th July, 1976",
"related_act": [
529
],
"repelled": true,
"sections": [
{
"act_id": 529,
"details": "1. This Ordinance may be called the Public Servants (Marriage with Foreign Nationals) Ordinance, 1976.",
"name": "Short title",
"related_acts": "529",
"section_id": 1
},
{
"act_id": 529,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“foreign national” means a person who is not a citizen of Bangladesh; (b) \t“marriage” means matrimonial relationship entered into in accordance with any law for the time being in force or any religious rites or ceremonies, and its grammatical variations and cognate expressions shall be construed accordingly; (c) \t“nationalised enterprise” means any corporation or any commercial or industrial enterprise including a bank which, or the entire or majority share in which, is owned or held by, or vested in, the Government or any local authority; (d) \t“public servant” includes any person who is, for the time being, in the service of the Republic or of any local authority or nationalised enterprise; and 1***",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 529,
"details": "23.(1) A public servant shall not marry or promise to marry a foreign national except with the permission granted under sub-section (2). (2) The President may, on an application made in this behalf, grant a public servant permission to marry or promise to marry a foreign national. (3) A public servant who contravenes the provisions of sub-section (1) shall, notwithstanding anything contained in any other law or in the terms and conditions of his service, be liable to be removed from service.",
"name": "Restriction on marriage with foreign nationals",
"related_acts": "",
"section_id": 3
},
{
"act_id": 529,
"details": "4. This Ordinance repeals and supersedes all laws, rules and other instruments in force immediately before its commencement relating to marriage or promise of marriage of a public servant with a foreign national.",
"name": "Repeal",
"related_acts": "",
"section_id": 4
}
],
"text": "An Ordinance to provide for restriction on marriage with foreign nationals. WHEREAS it is expedient to provide for restriction on marriage of public servants with foreign nationals and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 530,
"lower_text": [
"1 The word “Management” was substituted for the word “Governors” by section 2 of the Bangladesh Agricultural Research Institute (Amendment) Act, 1996 (Act No. XIV of 1996)",
"2 Clauses (iv) and (iv a) were substituted for clause (iv) by section 2 of the Bangladesh Agricultural Research Institute (Amendment) Act, 1996 (Act No. XIV of 1996)",
"3 The word “Gazipur” was substituted for the word “Dacca” by section 3 of the Bangladesh Agricultural Research Institute (Amendment) Act, 1996 (Act No. XIV of 1996)",
"4 The word “Management” was substituted for the word “Governors” by section 4 of the Bangladesh Agricultural Research Institute (Amendment) Act, 1996 (Act No. XIV of 1996)",
"5 Section 6, 6A and 6B were substituted for section 6 by section 5 of the Bangladesh Agricultural Research Institute (Amendment) Act, 1996 (Act No. XIV of 1996)",
"6 The words “a member elected for the purpose by the members present ” were substituted for the words “the Vice-Chairman” by section 6 of the Bangladesh Agricultural Research Institute (Amendment) Act, 1996 (Act No. XIV of 1996)",
"7 The words “or the member presiding over the meeting” were inserted by section 6 of the Bangladesh Agricultural Research Institute (Amendment) Act, 1996 (Act No. XIV of 1996)",
"8 Section 9 was substituted by section 7 of the Bangladesh Agricultural Research Institute (Amendment) Act, 1996 (Act No. XIV of 1996)",
"9 The word “Director-General” was substituted for the word “Director” by section 8 of the Bangladesh Agricultural Research Institute (Amendment) Act, 1996 (Act No. XIV of 1996)",
"10 The word “Director-General” was substituted for the word “Director” by section 8 of the Bangladesh Agricultural Research Institute (Amendment) Act, 1996 (Act No. XIV of 1996)",
"11 The word “Director-General” was substituted for the word “Director” by section 8 of the Bangladesh Agricultural Research Institute (Amendment) Act, 1996 (Act No. XIV of 1996)",
"12 Clauses (a) and (b) were omitted by section 8 of the Bangladesh Agricultural Research Institute (Amendment) Act, 1996 (Act No. XIV of 1996)",
"13 The word “Director-General” was substituted for the word “Director” by section 9 of the Bangladesh Agricultural Research Institute (Amendment) Act, 1996 (Act No. XIV of 1996)",
"14 Section 14A was inserted by section 10 of the Bangladesh Agricultural Research Institute (Amendment) Act, 1996 (Act No. XIV of 1996)",
"15 The words and commas “Director-General, Advisers, Directors and other officers and employees” were substituted for the words and commas “Director, Officers, Advisers and other staff and employees” by section 11 of the Bangladesh Agricultural Research Institute (Amendment) Act, 1996 (Act No. XIV of 1996)"
],
"name": "The Bangladesh Agricultural Research Institute Ordinance, 1976",
"num_of_sections": 21,
"published_date": "4th August, 1976",
"related_act": [
530,
805
],
"repelled": true,
"sections": [
{
"act_id": 530,
"details": "1. This Ordinance may be called the Bangladesh Agricultural Research Institute Ordinance, 1976.",
"name": "Short title",
"related_acts": "530",
"section_id": 1
},
{
"act_id": 530,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (i) “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; (ii) “Board” means the Board of 1 Management of the Institute; (iii) “Chairman” means the Chairman of the Board; 2 (iv) “Council” means বাংলাদেশ কৃষি গবেষণা কাউন্সিল established by বাংলাদেশ কৃষি গবেষণা কাউন্সিল আইন, ১৯৯৬ (১৯৯৬ সনের ৭ নং আইন); (iv a) “Director-General” means the Director-General of the Institute; (v) “Fund” means the Fund of the Institute; (vi) “Institute” means the Bangladesh Agricultural Research Institute; and (vii) “prescribed” means prescribed by rules or regulations made under this Ordinance.",
"name": "Definitions",
"related_acts": "805",
"section_id": 2
},
{
"act_id": 530,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall establish an Institute to be called the Bangladesh Agricultural Research Institute for carrying out the purpose of this Ordinance. (2) The Institute shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of properties, 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": 530,
"details": "4. (1) The Head Office of the Institute shall be located at Joydevpur in the district of 3Gazipur. (2) The Institute may establish offices at such other places as the Board may think fit.",
"name": "Head office, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 530,
"details": "5. Subject to the rules and regulations made under this Ordinance, the general direction, administration and supervision of the affairs of the Institute shall vest in a Board of 4Management which may exercise all powers and do all acts and things that may be exercised or done by the Institute.",
"name": "Management",
"related_acts": "",
"section_id": 5
},
{
"act_id": 530,
"details": "5 6. Notwithstanding anything contained in this Ordinance, 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; (b) any recommendation made or advice given by the said 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, within seven days 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": 530,
"details": "6A. (1) The Board shall consist of the following members, namely :- (a) \tthe Director-General, who shall also be the Chairman, ex-officio; (b) \ttwo eminent scientists, one in any social science and the other in the field pertaining to the speciality of the Institute, from outside 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": 530,
"details": "6B. (1) The members specified in clause (h) 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 (h) 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": 530,
"details": "7. The functions of the Institute shall be to- (a)\tapprove the course of study in broad outlines; (b)\tundertake research to ensure a stable and productive agriculture through scientific management of land and water, evolution of new varieties of various agricultural products and development of appropriate technology and pest management methods; (c) \tprovide the farmers with the information necessary for carrying out their farming business efficiently; (d) \tset up research centres, sub-stations, project areas and farms in different regions of the country for carrying out research on various problems of agriculture; (e) \tcarry out demonstration tests or trial-runs of new varieties of crops and their management practices; (f) \tpublish annual reports, agricultural manuals, monograms, bulletins and other literatures relating to crop research and the activities of the Institute; (g) \ttrain research and extension officers in the improved technology of crop production; (h) \tprovide post-graduate research facilities; (i) \torganise seminars, symposiam and workshop on selected problems which may afford specialists from different research Institutes and stations opportunity to exchange ideas and be acquainted with the recent advancements in agriculture; (j) \tperform such other functions as may be necessary for the purposes of this Ordinance.",
"name": "Functions of the Institute",
"related_acts": "",
"section_id": 9
},
{
"act_id": 530,
"details": "8. (1) The meetings of the Board shall be convened by the Secretary of the Board, in consultation with the Chairman, at least once in every quarter of a year but may also 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 specify the date on which, and the time and place at which, the meeting shall be held, but emergency meetings may be convened on twenty-four hours' notice. (3) The Chairman, and in his absence, 6a member elected for the purpose by the members present, shall preside over the meetings. (4) Three members shall constitute a quorum at a meeting of the Board. (5) All matters at a meeting shall be decided by the votes of the majority of the members present and voting. (6) At a meeting of the Board each member shall have one vote, and in the event of equality of votes, the Chairman 7or the member presiding over the meeting shall have a second or casting vote. (7) 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": "Meeting of the Board",
"related_acts": "",
"section_id": 10
},
{
"act_id": 530,
"details": "89. (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": 530,
"details": "10. (1) The 10Director-General shall exercise and perform such powers and functions as may be determined by the Board. (2) Without prejudice to the generality of the foregoing provision, the 11Director-General shall, in particular, have power to- 12* * * (c)\tprepare annual budget for the approval of the Board; (d)\tarrange for audit of the accounts of the Institute by the Comptroller and Auditor-General of Bangladesh; (e) \tacquire, subject to the budget provisions of the Institute, by purchase or otherwise, properties, movable and immovable, for the maintenance of the Institute; (f) \tconstruct or alter any building for, or of, the Institute; and (g) \topen, with the approval of the Board, a deposit account with any bank and operate the same as per decisions of the Board from time to time.",
"name": "Powers and functions of the Director-General",
"related_acts": "",
"section_id": 12
},
{
"act_id": 530,
"details": "11. The Institute may, for carrying out its functions under this Ordinance,- (a)\tborrow, with the approval by the Government, such money from such source and to such extent as it may consider necessary ; (b) \task for, and receive grants-in-aid from the Government and, with the approval of the Government, any other agencies.",
"name": "Power to borrow, etc.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 530,
"details": "12. The Board shall, by such date before the commencement of every financial year as the Government may direct, submit, in such manner and form as may be prescribed, to the Government, for making necessary provision in its budget, a statement of the estimated receipts and expenditure pertaining to the discharge of its functions under this Ordinance in respect of that year.",
"name": "Budget",
"related_acts": "",
"section_id": 14
},
{
"act_id": 530,
"details": "13. The Institute shall have its own Fund which shall consist of- (a)\tgrants made by the Government; (b) \tloans obtained from the Government; (c) \tgrants made by local authorities; and (d) \tgrants and aid received from aid giving agencies.",
"name": "Fund of the Institute",
"related_acts": "",
"section_id": 15
},
{
"act_id": 530,
"details": "14. (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 13Director-General in the performance of his functions. (2) Each such committee shall be headed by a Chairman and shall comprise such other members as the Board may direct. (3) The Chairman and other members of a committee shall hold office for such period as the Board may determine.",
"name": "Committees of the Institute",
"related_acts": "",
"section_id": 16
},
{
"act_id": 530,
"details": "1414A. 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 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.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 530,
"details": "15. (1) The 15Director-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 Ordinance 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 deemed to be a “shop” or “commercial establishment” or “industry” for the purpose of the Shops and Establishments Act, 1965 (E.P. Act VII of 1965), the Factories Act, 1965 (E.P. Act IV of 1965), or the Industrial Relations Ordinance, 1969 (XXIII of 1969).",
"name": "Public servant, etc.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 530,
"details": "16. Notwithstanding anything contained in any other law for the time being in force or in any contract or in any other instrument, on the establishment of the Institute under section 3 of this Ordinance- (a)\tall assets of the research divisions, experimental stations and sub-stations and research projects institutes of the Directorate of Agriculture (Research and Education), hereinafter referred to as the research components of the said Directorate, shall stand transferred to, and vest in, the Institute; (b)\tall debts, liabilities and obligations of the research components of the said Directorate subsisting immediately before the commencement of this Ordinance shall, unless the Government otherwise directs, be the debts, liabilities and obligations of the Institute; (c)\tthe services of such officers, advisors, consultants and other staff and employees of the research components of the said Directorate as the Government may, by notification in the official Gazette, direct, be placed at the disposal of the Institute and such officers, advisors, consultants and other staff and employees shall, unless otherwise directed by the Government, hold office on the same terms and conditions as were applicable to them immediately before the commencement of this Ordinance.",
"name": "Merger of research components of the Directorate of Agricultural (Research and Education) into the Institute",
"related_acts": "",
"section_id": 19
},
{
"act_id": 530,
"details": "17. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 20
},
{
"act_id": 530,
"details": "18. (1) The Institute may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance. (2) All regulations made under this section 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
}
],
"text": "An Ordinance to provide for the establishment of the Bangladesh Agricultural Research Institute. WHEREAS it is expedient to provide for the establishment of an Agricultural Research Institute for carrying out research for improved agriculture through scientific management of land and water, evolution of improved varieties of various agricultural products and development of pest management practices of such products and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 531,
"lower_text": [
"1 Clause (a) was substituted by section 2 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"2 Clause (bb) was inserted by section 2 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"3 The figure “9” was substituted for the figure “8” by section 2 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"4 Clause (dd) was inserted by section 2 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"5 The commas and words “, for the purposes of registration,” were omitted by section 2 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"6 Clause (gg) was inserted by section 2 of the Inland Shipping (Amendment) Act, 1990 (I of 1990)",
"7 The words “Every inland ship other than inland ships owned by the Defence Services” were substituted for the words “Subject to the other provisions of this Ordinance every inland ship” by section 3 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"8 Sub-section 2 was substituted by Section 2 of the Inland Shipping (Amendment) Ordinance, 1979 (XIV of 1979)",
"9 The comma, words, brackets and figures “, certificate of compliance have been obtained under sub-section (3) of section 5 B” were inserted by section 2 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"10 The semi-colon (;) was substituted for the full-stop (.) and thereafter the word “or” and clause (c) were inserted by section 3 of the Inland Shipping (Amendment) Act, 1990 (I of 1990)",
"11 Section 5A was inserted by Section 3 of the Inland Shipping (Amendment) Ordinance, 1979 (XIV of 1979)",
"12 Sub-section (1A) was inserted by section 4 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"13 The words and figure “within 45 days of the receipt of the application” were inserted by section 4 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"14 The words, brackets and letter “within the period specified in clause (a)” were inserted by section 4 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"15 The words “and such applications shall be disposed of within 15 days from the date of receipt of the application” were inserted by section 4 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"16 Sections 5B, 5C and 5D were inserted by section 3 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"17 The words “send one copy of” were substituted for the word “give” by section 5 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"18 The word “kept” was inserted by section 5 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"19 The words and comma “in the judgement of the surveyor,” were omitted by section 5 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"20 The words “to be determined in the manner as may be prescribed” were inserted by section 5 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"21 The words “deadweight tonnage and such” were substituted for the word “such” by section 5 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"22 Sub-section (3) was substituted by section 5 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"23 The figure “7” was substituted for the figure “8” by section 7 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"24 The words “forty-five days” were substituted for the words “three months” by section 7 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"25 Clause (a) was substituted by section 7 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"26 The word “ship” was substituted for the word “vessel” by section 7 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"27 Clause (a) was substituted by section 8 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"28 Sub-section (3) was inserted by section 8 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"29 The words and figure “officer appointed under section 7” were substituted for the word “Government” by section 9 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"30 The words “of such fee, not exceeding” were omitted by section 9 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"31 The words and comma “as the Government may require,” were omitted by section 9 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"32 The words “forty-five days” were substituted for the words “thirty days” by section 4 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"33 The word “Director-General” was substituted for the word “Government” by section 11 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"34 Section 30 was substituted by section 5 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"35 Chapter III (sections 34-42) was substituted for the former Chapter III (sections 34-43) by section 4 of the Inland Shipping (Amendment) Act, 1990 (I of 1990).",
"36 The words and comma “inland engineers, various grades of masters and engine-drivers” were substituted for the words “various grades of masters and drivers” by section 6 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"37 The words and comma “inland engineer, master or engine-driver” were substituted for the words “master or driver” by section 6 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"38 The words and commas “inland engineers, masters, engine-drivers and ratings ” were substituted for the words “masters and drivers” by section 7 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"39 Sections 37A and 37B were inserted by section 8 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"40 The words “or by any passenger of the ship or ships or any other person having the knowledge of such casualty” were inserted by section 9 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"41 The words “or upon receipt of any information from any reliable source” were inserted by section 18 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"42 The words “twelve hours ” were substituted for the words “seventy two hours” by section 9 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"43 The word and comma “Director-General,” was inserted by section 18 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"44 The words “Upazilla Nirbahi Officer” were substituted for the words “Subdivisional Magistrate” by section 9 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"45 The words “Upazilla Nirbahi Officer” were substituted for the words “Subdivisional Magistrate” by section 10 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"46 The words “Upazilla Nirbahi Officer” were substituted for the words “Subdivisional Magistrate” by section 11 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"47 The words “Upazilla Nirbahi Officer” were substituted for the words “Subdivisional Magistrate” by section 11 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"48 Section 47 was substituted by section 12 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"49 The words “owner and” were inserted by section 13 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"50 The words “five lakh taka” were substituted for the words “one lakh taka” by section 14 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"51 The words and commas “damage to property, to the person suffering the injury or the owner of the property, as the case may be,” were substituted for the words and comma “property, to the person suffering the injury” by section 19 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"52 The commas and words “, time table, fare table and printed ticket” were inserted by section 20 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"53 The semi-colon (;) was substituted for the word “and” by section 20 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"54 The semi-colon (;) and the word “and” was substituted for the full-stop (.) by section 20 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"55 Clause (c) was inserted by section 20 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"56 Sections 54A and 54B were inserted by section 15 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"57 The words and comma “life-saving apparatus, fire-fighting equipments and instruments” were substituted for the words “apparatus and instruments” by section 21 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"58 Section 56A was inserted by section 22 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"59 Section 57A was substituted by section 16 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"60 Section 58A was inserted by section 17 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"61 Chapter VA was inserted by section 18 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005).",
"62 Section 61A was inserted by section 25 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"63 The words “thirty thousand” were substituted for the words “ten thousand” by section 20 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"64 The figures, commas and word “33, 43, 54 and 56” were substituted for the figures, commas and word “11, 33, 43, 54, 55 and 56” by section 24 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"65 The words and comma “two years, or with fine which may extend to Taka thirty thousand” were substituted for the words and comma “one year, or with fine which may extend to Taka ten thousand” by section 19 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"66 Clause (a) was omitted by section 24 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"67 The words “or the certified copy thereof” were inserted by section 24 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"68 Clause (e) was omitted by section 24 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"69 The words “is not equipped or provided with such apparatus and instruments” were substituted for the words “does not take measure” by section 24 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"70 The words and comma “extend to three months, or with fine which may extend to Taka five thousand” were substituted for the words and comma “extend to six months, or with fine which may extend to Taka two thousand” by section 21 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"71 The words “five thousand” were substituted for the words “one thousand” by section 22 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"72 The words “or the certified copy thereof” were inserted by section 26 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"73 The words “or the certified copy thereof” were inserted by section 26 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"74 The words “thirty thousand” were substituted for the words “ten thousand” by section 23 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"75 The words “twenty thousand” were substituted for the words “five thousand” by section 23 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"76 The words “fifteen thousand or with both” were substituted for the words “five thousand” by section 24 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"77 The words “fifty thousand” were substituted for the words “ten thousand” by section 25 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"78 Sections 67 and 68 were inserted by section 4 of the Inland Shipping (Amendment) Ordinance, 1979 (XIV of 1979)",
"79 Clause (a) was omitted by section 5 of the Inland Shipping (Amendment) Act, 1990 (I of 1990)",
"80 Clause (b) was substituted by section 26 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"81 Sections 67A and 67B were inserted by section 27 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"82 Section 68A was inserted by section 27 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"83 The words and comma “one year, or with fine which may extend to twenty five thousand” were substituted for the words and comma “six months, or with fine which may extend to Taka five thousand” by section 28 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"84 Section 68B was inserted by section 29 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"85 The words and comma “one year, or with fine which may extend to Taka twenty five thousand” were substituted for the words and comma “three months, or with fine which may extend to Taka five thousand” by section 30 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"86 The words and commas were substituted for the words and commas “by the master or any officer or other member of the crew of the ship, the master or any officer or other member of the crew of such ship or each of them shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to Taka ten thousand, or with both” by section 31 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"87 The words “ten Thousand” were substituted for the words “two thousand” by section 32 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"88 Section 71A was inserted by section 33 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"89 The words “ten thousand” were substituted for the words “one thousand” by section 34 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"90 Section 72A was inserted by section 7 of the Inland Shipping (Amendment) Act, 1990 (I of 1990)",
"91 Section 73A was inserted by section 28 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)",
"92 The figure “1860” was substituted for the figure “1908” by section 35 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"93 Sections 81A, 81B, 81C, 81D and 81E were inserted by section 37 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"94 The words “and detention” were substituted for the commas and letters “, etc.,” by section 30 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)",
"95 The comma and words “, cargo and passenger” were substituted for the words “and cargo” by section 36 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"96 Clause (d) was omitted by section 36 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"97 Clause (e) was added by section 36 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"98 The words, figures, brackets and commas “under sub-section (1), section 81A or 81B,” were substituted for the words, figure, brackets and comma “under sub-section (1)” by section 36 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)",
"99 Clauses (via) and (viaa) were inserted by section 8 of the Inland Shipping (Amendment) Act, 1990 (Act No. I of 1990)",
"100 The words “inland ship” were substituted for the word “vessels” by section 31 of the Inland Shipping (Amendment) Act, 1983 (Act No. XIX of 1983)",
"101 Clause (xvii) was substituted by section 31 of the Inland Shipping (Amendment) Act, 1983 (Act No. XIX of 1983)",
"102 Clause (xxiv) was substituted by section 31 of the Inland Shipping (Amendment) Act, 1983 (Act No. XIX of 1983)",
"103 Clause (XXV) was substituted by section 38 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)"
],
"name": "The Inland Shipping Ordinance, 1976",
"num_of_sections": 108,
"published_date": "21st September, 1976",
"related_act": [
642,
73,
75,
531,
89
],
"repelled": false,
"sections": [
{
"act_id": 531,
"details": "1. (1) This Ordinance may be called the Inland Shipping Ordinance, 1976. (2) It extends to the whole of Bangladesh.",
"name": "Short title",
"related_acts": "531",
"section_id": 1
},
{
"act_id": 531,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- 1(a)\t“certificate of competency” means a certificate of competency granted under section 36; (b)\t“certificate of registry” means a certificate of registry granted under section 18; 2(bb) \t“certificate of service” means a certificate of service granted under section 37; (c)\t“certificate of survey” means a certificate of survey granted under section 39; (d)\t“dangerous goods” means such articles, goods or things as the Government may, by notification in the official Gazette, declare to be dangerous goods for the purposes of this Ordinance; 4(dd)\t“Director-General” means the Director-General, Department of Shipping; (e)\t“inland ship” means every description of vessel ordinarily plying on inland waters and propelled wholly or in part by steam, liquid fuel, electricity or any other mechanical powers and includes 5* * * a sailing boat, dumb barge and other craft which is not so propelled but is towed or pushed by a vessel so propelled; (f)\t“inland water” means any canal, river, lake or other navigable waters in Bangladesh and such portion of tidal water as the Government may, by notification in the official Gazette, declare to be inland waters for the purposes of this Ordinance; (g)\t“mercantile purposes”, in relation to an inland ship, includes carriage of passengers or goods by, or use for any service of, such inland ship for hire, remuneration, reward or other valuable consideration; 6(gg) \t“Owner” means,- (a)\tin relation to a registered inland ship, the person who is for the time being shown as owner in the register book maintained under this Ordinance; (b) \tin relation to any other inland ship, the person to whom the inland ship or a share in the ship belongs; (h)\t“passenger” includes any person carried on board an inland ship not being the master, officer and a member of the crew of the inland ship; (i) \t“prescribed” means prescribed by rules made under this Ordinance; (j)\t“registrar” means a registrar appointed under this Ordinance; (k)\t“survey” means survey of an inland ship under this Ordinance; (l)\t“surveyor” means a surveyor appointed under this Ordinance; and (m)\t“voyage” in relation to an inland ship, includes plying at or about any place within the inland waters.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 531,
"details": "3. (1) 7Every inland ship other than inland ships owned by the Defence Services which plies or seeks to ply or is used or intended to be used for any service, on inland waters shall be required to be surveyed and registered under this Ordinance. 8(2) An inland ship shall not be surveyed and registered under this Ordinance unless her design and plan have been approved under section 5A 9, certificate of compliance have been obtained under sub-section (3) of section 5B and she is owned by- (a)\ta citizen of Bangladesh; (b) \ta company registered in Bangladesh; or (c) \ta company which is not registered in Bangladesh but has an agent or branch in Bangladesh together with such organisation as is adequate for the independent operation in Bangladesh of the agency or branch. (3) Sub-section (1) shall not apply- (a)\tto an inland ship, if she does not carry any passenger or cargo, while making her first voyage to the place of registry for the purpose of registration or while on a voyage during the period from the date of expiry of the certificate of survey to the date of reaching the nearest place of survey to have the certificate renewed; or (b) \tto a sea-going vessel having right or authority to be in a port or place in, or to ply on tidal waters of, Bangladesh 10 ; or (c) \tto a mechanised wooden country boat propelled by any engine including shallow engine having a maximum capacity of 16 HP.",
"name": "Inland ships to be surveyed and registered",
"related_acts": "",
"section_id": 3
},
{
"act_id": 531,
"details": "4. (1) The Government may, by notification in the official Gazette, declare such places in Bangladesh as it may consider necessary to be places of survey and places of registry for the purposes of this Ordinance. (2) The Government shall appoint- (a)\tfor each place of survey such surveyor or surveyors as it may deem fit; and (b) \tfor each place of registry, a registrar.",
"name": "Places of survey and registry",
"related_acts": "",
"section_id": 4
},
{
"act_id": 531,
"details": "5. (1) For the purpose of survey or registry of an inland ship, the surveyor or the registrar, as the case may be, may, at any reasonable time, go on board such ship and inspect the ship and every part thereof including the hull, boilers, engines and other machinery and all equipment and articles on board: Provided that the surveyor or the registrar shall not hinder the loading or unloading of the ship, or detain or delay her from proceeding on any voyage, except to the extent necessary for the purpose of survey or inspection. (2) The owner, the master and the crew of the inland ship to be surveyed or registered shall afford to the surveyor and the registrar all reasonable facilities for survey or inspection and shall furnish all such information respecting the ship, her machinery or any part thereof, and all equipments and articles on board the ship, as the surveyor or the registrar may require for the purposes of survey or registration, as the case may be.",
"name": "Powers of surveyors and registrars",
"related_acts": "",
"section_id": 5
},
{
"act_id": 531,
"details": "115A. (1) For the purpose of approval of the design and plan of an inland ship, the owner shall make an application in the prescribed form together with the design and plan of the ship to an authority empowered by the Government in this behalf. 12(1A) The Government may prescribe fees for application and for approval of design by the competent authority. (2) The authority receiving an application under sub-section (1) shall, - (a)\tif, on an examination, it is found that the design and plan conform to the prescribed specification or standard, issue a certificate of approval in the prescribed form 13within 45 days of the receipt of the application ; or (b) \tif it is found that the design and plan do not conform to the prescribed specification or standard, return the application to the owner stating the particulars in respect of which they do not so conform 14within the period specified in clause (a): Provided that the return of an application shall not debar the owner from making such a fresh application after alteration or modification of the design and plan so as to conform to the prescribed specification or standard 15and such applications shall be disposed of within 15 days from the date of receipt of the application.",
"name": "Approval of design and plan of an inland ship",
"related_acts": "",
"section_id": 6
},
{
"act_id": 531,
"details": "165B. (1) For the purpose of commencement of construction or modification of an inland ship, after obtaining the certificate of plan approval under section 5A, the owner shall inform the authority empowered by the Government in this behalf in the form as may be prescribed by the Government to the effect when and where the ship is to be constructed or modified. (2) The said authority receiving the information under sub-section (1), shall cause, during the construction or modification of an inland ship to conduct construction survey, supervise construction, calculate stability and an inclining test of inland ship. (3) After satisfactory completion of construction or modification of an inland ship, if it is found that the construction or modification conforms to the prescribed standard or specification, the person authorised to conduct such supervision of construction or modification under sub-section (2), shall issue a certificate of compliance in a form as may be prescribed by the Government. (4) The Government may prescribe fees for conducting construction survey, supervision of construction, stability calculation, inclining test and other related fitness test.",
"name": "Construction Survey, etc.",
"related_acts": "",
"section_id": 7
},
{
"act_id": 531,
"details": "5C. (1) The Government may, by notification in the official Gazette, delegate the functions mentioned in sections 5A, 5B and also the functions of surveyor for the purpose of survey of Inland Ships under this Ordinance to the Classification Society empowered by the Government in this behalf. (2) The Classification Society shall be responsible and accountable to the Government for the said delegated functions. (3) The formation, charter of duties, responsibilities and capabilities of a Classification Society may be determined by an order of the Government. (4) The Classification Society shall be entitled to such fees at such rate and in such manner as may be prescribed by the Government for the performance of delegated functions under sub-section (1) of Section 5C. Explanation.- For the purpose of this section, “Classification Society” means a society or organisation authorised by the Government for the purpose of this Ordinance.",
"name": "Delegation of functions to the Classification Society, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 531,
"details": "5D. (1) Every inland ship in respect of which an application for registration is made under section 17 shall, before grant of certificate of registration under section 18, be marked, in such manner as may be prescribed, permanently and conspicuously and to the satisfaction of the registrar. (2) The marks required by this section shall not be altered or otherwise modified without the prior written permission of the registrar. (3) If an owner or master of an inland ship neglects to cause his ship to be marked as required by this section, or to keep her so marked, or if any person conceals, removes, alters, defaces, or obliterates any of the said mark, he shall, for such offence, be punishable with fine which may extend to Taka twenty thousand, and on a report from a surveyor that an inland ship is insufficiently or inaccurately marked, the inland ship may be detained until the insufficiency or inaccuracy has been remedied.",
"name": "Marking of Ship",
"related_acts": "",
"section_id": 9
},
{
"act_id": 531,
"details": "6. For the purpose of survey of an inland ship, the owner shall make an application to the surveyor in the prescribed form and shall pay to the Government a survey fee at such rates and in such manner as may be prescribed and also an additional fee in respect of expenses of the journey of the surveyor.",
"name": "Survey fee, etc.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 531,
"details": "7. (1) The surveyor shall, within seven days from the date of completion of the survey of an inland ship, make a declaration in the prescribed form and 17send one copy of the same to the owner or master of the ship if he is satisfied that- (a)\tthe hull, boilers, engines and other machinery of the ship are 18kept in good condition and sufficient for the voyage or service intended; (b)\tthe equipment of the ship and the certificates of the master, engineer or engine-driver comply with the requirements of this Ordinance; and (c) \tthe free board marking has been made in the prescribed manner on the body of the ship. (2) The declaration made under sub-section (1) shall contain- (a)\tthe particulars mentioned in clauses (a) and (b) of that sub-section; (b)\tthe time, if less than one year, for which the hull, boilers, engines and other machinery and equipment of the ship will be sufficient; (c) \tthe limit, if any, beyond which the ship, as regards the hull, boilers, engines and other machinery or equipment, in the judgement of the surveyor, is not fit to ply; (d) \tthe number of passengers, if any, which the ship, 19* * * is fit to carry, specifying, if necessary, the respective numbers to be carried on the deck and in the cabins, and in different parts of the deck and cabins, the number to be subject to such conditions and variations, according to the time of the year, the nature of the voyage, the cargo carried or other circumstances as the case requires 20to be determined in the manner as may be prescribed; and (e) 21deadweight tonnage and such other particulars, if any, as may be prescribed. 22(3) A copy of the declaration under sub-section (1) shall be sent simultaneously,- (a) \tin the case of survey for the purpose of granting a certificate of survey, to such officer as the Government may appoint in this behalf; and (b)\tin the case of survey for the purpose of granting a certificate of registry, to the registrar.",
"name": "Declaration of surveyor",
"related_acts": "",
"section_id": 11
},
{
"act_id": 531,
"details": "8. Sending of declaration by owner or master.- Omitted by section 6 of the Inland Shipping (Amendment) Ordinance, 1983(XIX of 1983).",
"name": "Omitted",
"related_acts": "",
"section_id": 12
},
{
"act_id": 531,
"details": "9. (1) If the officer to whom a declaration is sent under sub-section (1) of section 237 is satisfied that the inland ship complies with the provisions of this Ordinance he shall cause a certificate of survey to be prepared in duplicate in the prescribed form and send to the owner or master by post or otherwise as he deems efficacious and expedient within fifteen days of the receipt by him of the declaration. (2) A certificate of survey in the prescribed form shall contain a statement to the effect that all the provisions of this Ordinance with respect to the survey of the inland ship and the declaration of the survey have been complied with, and shall set forth- (a)\tthe particulars concerning the ship mentioned in the declaration of the survey as required by clauses (a), (b), (c) and (d) of sub-section (2) of section 7; and (b)\tany other prescribed particulars. (3) A certificate of survey shall not be granted by the surveyor who made the declaration of survey under section 7: Provided that the surveyor who conducted the survey may, pending the issue of the certificate of survey, issue a temporary plying permit authorising the inland ship concerned to ply; and such permit shall remain valid for a period, not exceeding 24forty-five days, to be specified in the permit. (4) Any certificate of survey may, by order in writing, be cancelled or suspended by the Government or by any person appointed by the Government in this behalf if it is found subsequently on inspection by a person appointed for the purpose or otherwise- 25(a) \tthat the certificate found to be fraudulently tempered with in any manner; or (b) \tthat the certificate has been granted upon false or erroneous information; or (c) \tthat the inland 26ship in respect of which a certificate of survey has been granted is not complying with the provisions of this Ordinance relating to the grant of such a certificate.",
"name": "Grant of certificate of survey",
"related_acts": "",
"section_id": 13
},
{
"act_id": 531,
"details": "10. The owner or master of every inland ship for which a certificate of survey has been granted shall, immediately on receipt of the certificate, cause one of the duplicates thereof to be affixed on some conspicuous part of the ship where it may be easily read by all persons on board and shall be kept so affixed for so long as the certificate is in force and the ship is in use.",
"name": "Certificate of survey to be affixed in conspicuous part of inland ship",
"related_acts": "",
"section_id": 14
},
{
"act_id": 531,
"details": "11. (1) A certificate of survey in respect of an inland ship shall cease to be in force- 27(a) \tupon the expiration of four years from the date of the certificate in case of dumb barges and other crafts which are not propelled but are towed and pushed by a propelled vessel, and one year from the date of certificate in case of all other inland ships; or (b) \tupon the expiration of the period for which the hull, boilers, engines or other machinery or any of the equipments of the ship have been stated in the certificate to be sufficient; or (c) \tupon its cancellation or suspension under sub-section (4) of section 9. (2) The owner or master of an inland ship the certificate of survey of which is due to cease to be in force under clause (a) of sub-section (1) shall, within thirty days before the expiration of the period specified in that clause, inform the surveyor of the date of such expiration. 28(3) The owner or master who fails to comply with the requirement of sub-section (2) shall pay a sum of taka one hundred for every day during which the failure continues along with the survey fee payable under section 6.",
"name": "Duration of certificate of survey",
"related_acts": "",
"section_id": 15
},
{
"act_id": 531,
"details": "12. A certificate of survey which has ceased to be in force may be renewed only after a fresh survey of the inland ship to which it relates has been held in accordance with the provisions of this Chapter save so far as any relaxation thereof may be prescribed.",
"name": "Renewal of certificate of survey",
"related_acts": "",
"section_id": 16
},
{
"act_id": 531,
"details": "13. Every certificate of survey of an inland ship which has ceased to be in force by the expiry of its period of validity or by reason of cancellation, suspension or otherwise shall be delivered by the owner or master of the ship to such person as the Government may direct.",
"name": "Delivery of expired or cancelled certificate",
"related_acts": "",
"section_id": 17
},
{
"act_id": 531,
"details": "14. A survey of an inland ship shall ordinarily be made by one surveyor, but more than one surveyor may be employed if the Government, by order in writing, so directs, either generally in the case of all inland ships at any place of survey, or specially in the case of any particular ship or class of ships at any such place.",
"name": "Power for Government to direct survey by more than one surveyor",
"related_acts": "",
"section_id": 18
},
{
"act_id": 531,
"details": "15. (1) If the surveyor making a survey of an inland ship refuses to give a declaration under section 7 with regard to the ship or gives a declaration with which the owner or master of the ship is dissatisfied, the 29officer appointed under section 7 may, on the application of the owner or master, and on payment by him 30 * * * double the amount of the fee payable for the previous survey, 31 * * * direct more than one surveyor to survey the ship. (2) The surveyors directed under sub-section (1) to survey an inland ship shall forthwith survey the ship and may, after the survey, either refuse to give a declaration or give such declaration as seems to them to be proper; and such refusal or declaration shall be final.",
"name": "Power for Government to order a second survey",
"related_acts": "",
"section_id": 19
},
{
"act_id": 531,
"details": "16. When a survey is made by more than one surveyor under section 15, each of the surveyors shall perform such portion of the duties as are or may be assigned to him under this Ordinance or the rules made thereunder.",
"name": "Division of duties when more than one surveyor employed",
"related_acts": "",
"section_id": 20
},
{
"act_id": 531,
"details": "17. An application for registration of an inland ship shall be made by the owner of the ship in such form and shall contain such particulars as may be prescribed and shall be accompanied by – (a)\tcopy of the certificate of survey in force in respect of the ship; and (b)\ta receipted challan showing the payment of registration fee at such rate and in such manner as may be prescribed.",
"name": "Application for registration",
"related_acts": "",
"section_id": 21
},
{
"act_id": 531,
"details": "18. (1) Where the registrar, after making such enquiry as he thinks fit, is satisfied in respect of an inland ship to be registered that the provisions of this Ordinance and the rules made thereunder have been complied with, he shall grant to the applicant a certificate of registry which shall contain such particulars as may be prescribed. (2) The registrar may refuse to register an inland ship if the ship is found to be mechanically and structurally defective or if the applicant fails to furnish satisfactory evidence in support of his claim to be the owner of the ship and of any of the statements made in the application: Provided that where the registrar refuses to register an inland ship, he shall furnish to the applicant a statement in writing containing the reasons for such refusal. (3) Omitted by section 10 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983).",
"name": "Grant of certificate of registration",
"related_acts": "",
"section_id": 22
},
{
"act_id": 531,
"details": "19. Where an inland ship has been registered under section 18, the registrar shall assign to the ship a registration number which shall be conspicuously displayed on the ship in the prescribed manner.",
"name": "Display of registration number",
"related_acts": "",
"section_id": 23
},
{
"act_id": 531,
"details": "20. The registrar shall keep a register book in such form as may be prescribed in which shall be entered in respect of every inland ship registered by him the particulars contained in the certificate of registry of the ship.",
"name": "Maintenance of book of registry",
"related_acts": "",
"section_id": 24
},
{
"act_id": 531,
"details": "21. The certificate of registry of the inland ship shall at all times be carried on board the ship by the owner or master and shall be open to inspection by a person authorised by the Government in this behalf.",
"name": "Certificate of registry to be carried on board",
"related_acts": "",
"section_id": 25
},
{
"act_id": 531,
"details": "22. Where a certificate of registry of an inland ship is mislaid, lost or destroyed, the registrar shall grant a new certificate in lieu of her original certificate on payment of such fee as may be prescribed.",
"name": "Loss, etc. of certificate of registry",
"related_acts": "",
"section_id": 26
},
{
"act_id": 531,
"details": "23. (1) Where an inland ship registered under this Ordinance is actually or constructively lost, taken by the enemy, or burnt or broken up, the owner of the ship shall forthwith give notice thereof, if such notice has not already been given, to the registrar; and the registrar shall make an entry to that effect in the register book. (2) In any such event as is referred to in sub-section (1), except where the certificate of registry has been lost or destroyed, the owner or master of the inland ship shall deliver the certificate- (a)\tIf the event occurs in the place of registry, immediately and, if it occurs elsewhere, within ten days of the arrival of the ship at the place of registry, to the registrar; and (b)\tif the ship is not likely to return to the place of registry, within ten days of the occurrence of the event, to the registrar.",
"name": "Notice in respect of loss, etc. of ship",
"related_acts": "",
"section_id": 27
},
{
"act_id": 531,
"details": "24. (1) Whenever a change occurs in the registered ownership of an inland ship, the change of ownership shall be endorsed on her certificate of registry by the registrar. (2) The owner or master of an inland ship shall, for the purpose of endorsement under sub-section (1), deliver the certificate of registry to the registrar, if the change occurs when the ship is at her place of registry immediately after the change and, if it occurs during her absence from that place, upon her first return to that place.",
"name": "Change of ownership",
"related_acts": "",
"section_id": 28
},
{
"act_id": 531,
"details": "25. If at any place outside Bangladesh an inland ship becomes the property of a citizen of Bangladesh or such a company as is described in sub-section (2) of section 3, the owner of the ship shall immediately on her arrival at a place of registry in Bangladesh report the fact to the registrar of that place and furnish therewith the following particulars, namely:- (a)\tthe time of arrival of the ship at the place of registry; (b) \tthe name of the ship, if any; (c) \tthe time and place of her purchase and the name or names of the purchaser or purchasers; (d) \tthe name of her master; and (e) \tthe particulars respecting her tonnage, build and description which he is able to obtain.",
"name": "Ownership acquired outside Bangladesh to be reported to registrar",
"related_acts": "",
"section_id": 29
},
{
"act_id": 531,
"details": "26. (1) An inland ship registered under this Ordinance or any share therein shall not, without the previous approval of the Government, be transferred except to a person who is a citizen of, and residing and carrying on business in, Bangladesh nor shall any such ship be transferred, except by a bill of sale executed before and attested by a Magistrate of the first class. (2) Where an inland ship registered under this Ordinance is transferred, the transferor and the transferee shall, within 32forty-five days of the transfer, jointly make a report accompanied by the bill of sale or a certified copy thereof and a prescribed fee of the transfer to the registrar who shall enter the particulars of the transfer in the register book: Provided that the registrar may, if he is otherwise satisfied about the identity of the transferor and the transferee, dispense with the requirement of the joint report and act on the report either of the transferor or the transferee.",
"name": "Transfer of registered inland ship",
"related_acts": "",
"section_id": 30
},
{
"act_id": 531,
"details": "27. (1) Where an inland ship not registered under this Ordinance is transferred to a citizen of Bangladesh or to such a company as is described in sub-section (2) of section 3, the ship shall be registered under this Ordinance. (2) Before registering an inland ship as required by sub-section (1), the registrar shall, for the purpose of satisfying himself as to the validity of the transfer and the identity of the transferor and the transferee, require the production of the bill of sale, the certificate of transfer and the certificate of the registry of the ship. (3) Where an inland ship is registered as required by sub-section (1), the registrar shall enter in the register book the description of the ship contained in her original certificate of registry.",
"name": "Registration of ship transferred to Bangladesh national",
"related_acts": "",
"section_id": 31
},
{
"act_id": 531,
"details": "28. Where in respect of an inland ship a certificate of sale is lost or destroyed or is so defaced or mutilated as to be useless, the 33Director-General may,- (i) \tif the transfer authorised by the certificate has not been carried out, on the proof of such loss, destruction, defacement or mutilation; and (ii) \tif the transfer has been carried out, on the further proof of several matters and things that have been done, direct the registrar to register the transfer or to make such entries in the register book or do such other things as might have been made or done if the loss, destruction, defacement or mutilation had not taken place.",
"name": "Registration, etc., in case of loss, etc., of certificate of transfer",
"related_acts": "",
"section_id": 32
},
{
"act_id": 531,
"details": "29. (1) Where an inland ship registered under this Ordinance is so altered as not to correspond with particulars relating to her tonnage or description contained in the register book, she shall be deemed not to be so registered until the registrar shall have, on receipt of an application made to him in this behalf and a certificate of survey from the surveyor stating the particulars of alteration, register the alteration or, if he thinks fit, register the ship anew. (2) For the purpose of registering an alteration of an inland ship under sub-section (1), the registrar may, require the existing certificate of registry of the ship to be delivered to him, and may either grant in substitution of the existing certificate a new certificate of registry containing a description of the ship as altered or endorsed and sign on the existing certificate a memorandum of the alteration. (3) For the purpose of registering an inland ship anew under sub-section (1), the registrar shall proceed as in the case of first registry and shall upon the delivery to him of the existing certificate of registry of the ship, the payment of the same registration fee as is payable in the case of first registry and the fulfilment of the other requirements for registry or, in the case of a change of ownership, such of them as he thinks material, register the ship and grant her a new certificate of registry. (4) When an inland ship is registered anew under this section, her former registry shall be considered as closed, except so far as it relates to any unsatisfied and unexpired certificate of sale entered thereon, but the names of all persons appearing in the former register to be interested in her as owners shall be entered on the new register and the registry anew shall not in any way affect the rights of any of those persons.",
"name": "Ships when altered are to be registered anew",
"related_acts": "",
"section_id": 33
},
{
"act_id": 531,
"details": "3430. (1) Subject to the other provisions of this Ordinance, a certificate of registry of an inland ship granted under this Ordinance shall remain valid for 30 (thirty) years of her age from the date of first registry unless the ship is rendered total loss, scrapped or otherwise transferred within the said period : Provided that the validity of the registration may be extended, if it is found that the inland ship is fit for plying to the satisfaction of the registrar after special docking survey in a manner as may be prescribed, for a maximum period of five years and continued for the same further period subject to special docking. (2) Where an inland ship, other than dumb barges and other crafts which are not propelled but are towed or pushed by a propelled vessel, registered under this Ordinance is not surveyed for three consecutive years, referred to in section 11(1) the registration of the inland ship shall cease to be in force from the date of expiration of the last survey. (3) Where an inland ship has been laid up or scrapped or otherwise not in use, the owner of the ship shall immediately inform the registrar in writing within thirty days of such events.",
"name": "Duration of certificate of registry, etc.",
"related_acts": "",
"section_id": 34
},
{
"act_id": 531,
"details": "31. The registrar shall every year, not later than the 15th day of January and the 15th day of July, submit to the Government or to such officer as the Government may authorise in this behalf, a report in such forms as it may direct stating therein the particulars of all registries, cancellation of registry, transfers and other dealings with respect to inland ships registered by him under this Ordinance during the six months next preceding the month in which the report is required to be submitted, the names of the persons concerned in the same, and such other particulars as the Government may direct.",
"name": "Submission of report regarding registry, etc.",
"related_acts": "",
"section_id": 35
},
{
"act_id": 531,
"details": "32. (1) Where the Government is satisfied that by the law or practice of any foreign country inland ships having certificates of registry granted under this Ordinance- (a)\tobtain, by reason of such certificate, any special exemption in that country while plying on inland waters thereof, or (b) \tare required as a condition of plying on inland waters of that country to comply with any special requirement, whether by way of registration anew or payment of a fee or otherwise, the Government may, by notification in the official Gazette, direct that the same exemption or requirement, or an exemption or a requirement as similar thereto as may be, shall by way of reciprocity, be granted to or imposed upon inland ship registered in that country while plying on inland waters of Bangladesh. (2) The Government may, by notification in the official Gazette, direct that the provision of sub-section (1) relating to reciprocity in the matter of certificates of registry shall apply, so far as may be, to certificates of survey, certificates of competency and licences granted or issued under this Ordinance.",
"name": "Reciprocity in the matter of recognition of certificates of survey and registry",
"related_acts": "",
"section_id": 36
},
{
"act_id": 531,
"details": "33. No inland ship shall proceed on any voyage or be used for any service on inland waters unless she has a certificate of survey and a certificate of registry granted under this Ordinance which are in force and applicable to the voyage or service.",
"name": "Voyage of ships without certificate of survey prohibited",
"related_acts": "",
"section_id": 37
},
{
"act_id": 531,
"details": "34. In this Chapter, “Director-General” means the Director- General of the Department of Shipping established under the Bangladesh Merchant Shipping Ordinance, 1983 (XXVI of 1983).",
"name": "Definition",
"related_acts": "642",
"section_id": 38
},
{
"act_id": 531,
"details": "35. The Director-General may, by notification in the official Gazette, classify the Inland ships into such categories as he may deem fit.",
"name": "Categories of inland ship",
"related_acts": "",
"section_id": 39
},
{
"act_id": 531,
"details": "36. (1) The Director-General shall grant certificate of competency for 36inland engineers, various grades of masters and engine-drivers in an inland ship after conducting such examinations or tests as may be prescribed. (2) No 37 inland engineer, master or engine-driver shall be employed or engaged for service on board an inland ship unless he has the requisite certificate of competency granted under sub-section (1).",
"name": "Certificate of Competency",
"related_acts": "",
"section_id": 40
},
{
"act_id": 531,
"details": "37. (1) No inland ship shall proceed on any voyage or be used for any service on inland water unless it is manned in accordance with the provisions of sub-section (2). (2) The Director-General may, by order notified in the official Gazette, require an inland ship to have such number of 38inland engineers, masters, engine-drivers and ratings of such grades as may be specified in the order. (3) The Director-General may exempt an inland ship or any category of inland ship from any requirement of an order made under sub-section (2). (4) An exemption granted under sub-section (3) may be in respect of a particular period or of one or more particular voyages. (5) Notwithstanding anything contained in this section Director-General may relax the requirement of this section in respect of a person if- (a)\tsuch person satisfies the Director-General that he is reasonably capable of discharging the duties and responsibilities of the trade for which he is sought to be employed or engaged; (b) \tthe owner of the ship satisfies the Director-General that despite due efforts persons with requisite certificate could not be available for employment or engagement.",
"name": "Manning of inland ship",
"related_acts": "",
"section_id": 41
},
{
"act_id": 531,
"details": "3937A. (1) The Director-General may by order- (a) \tin writing require the owner of an inland ship to provide standard uniform for the crews on board as may be specified in that order; (b) \tprovide for the issue to every crew an identity card, in this section referred to as crew's identity card, in such form and containing such particulars with respect to the holder thereof and such other particulars, if any, as may be specified in that order, and for requiring every crew to apply for such card; (c) \trequire the holder of a crew identity card to produce it to such person in such circumstances as may be specified in the order; (d) \trequire to surrender the crew's identity card in such circumstances as may be specified in the order. (2) If any person who is required to wear the standard uniform or display identity card, does not do so, he shall be punishable with fine which may extend to Taka two thousand or his certificate of competency, if any, may be suspended for a maximum period of three months. (3) If a person makes a statement which the Director-General thinks to be false or recklessly makes a statement which is false in a material particular for the purpose of obtaining for himself or for any other person a crew's identity card, he shall be liable to a fine not exceeding Taka five thousand and in that event the crew's identity card shall be cancelled.",
"name": "Uniform and identity card for the crew of inland ship",
"related_acts": "",
"section_id": 42
},
{
"act_id": 531,
"details": "37B. (1) Director-General shall cause to conduct training programs from time to time on crowd management, fire fighting, personal survival technique, tanker safety and other kind of similar training for inland engineers, masters, engine-drivers, seacunny, greaser, ratings and the persons primarily responsible for passenger safety or other safety measures of an inland ship. (2) If- (a)\tany training programme is conducted under sub-section (1) and any person is selected for the training, he shall be bound to undertake the training as required; and (b) \tany person refuses to undertake the training without any reasonable cause, his competency certificate or identity card may be suspended till the training is obtained.",
"name": "Training of inland engineers, masters, engine-drivers, etc.",
"related_acts": "",
"section_id": 43
},
{
"act_id": 531,
"details": "38. For the purpose of examining the qualifications of persons desirous of obtaining certificates of competency under this Ordinance, the Government may appoint such examiners or Board of examiners as it may deem fit and allow them such remuneration as may be prescribed.",
"name": "Appointment of examiners, etc.",
"related_acts": "",
"section_id": 44
},
{
"act_id": 531,
"details": "39. Where an applicant for certificate of competency is reported by the examiners or the Board of examiners to have passed the examination prescribed for the certificate and given satisfactory evidence of his sobriety, ability and general good conduct on board inland ship, the Director-General or such officer as he may appoint in this behalf shall grant the applicant the certificate of competency applied for: Provided that before granting a certificate of competency, the Director-General or, as the case may be, the officer may, if he finds report of the examiners or the Board of examiners in respect of any applicant to be defective or has reason to believe that the report has been unduly made require a further examination or a re-examination of the applicant.",
"name": "Grant of certificate of competency",
"related_acts": "",
"section_id": 45
},
{
"act_id": 531,
"details": "40. A certificate of competency granted under this Ordinance shall be made in the prescribed form in duplicate, one copy of which shall be delivered to the person entitled thereto and the other shall be kept and recorded in the prescribed manner.",
"name": "Certificate to be made in duplicate",
"related_acts": "",
"section_id": 46
},
{
"act_id": 531,
"details": "41. Where a certificate of competency granted under this Ordinance is, during the period of its validity, lost or destroyed or so defaced or mutilated as to be useless and the person to whom it was granted, being entitled thereto, proves to the satisfaction of the authority granting or authorised to grant the same that such loss, destruction, defacement or mutilation is not due to his fault, such person shall be granted a copy of the certificate to which, according to the record kept under section 40 he appears to be entitled, and the copy so granted shall have the same effect as the original.",
"name": "Loss of certificate",
"related_acts": "",
"section_id": 47
},
{
"act_id": 531,
"details": "42. (1) A certificate of competency granted under this Ordinance may be suspended or cancelled by the Director-General if the person holding the certificate- (a) \thas been convicted of an offence under this Ordinance or of any other non-bailable offence; or (b) \thas been on duty on board an inland ship which proceeded on any voyage or was used for any service in contravention of the provisions of this Ordinance; or (c) \thas been certified by a medical officer appointed by the Director-General to be physically unfit for the performance of his duties; or (d) \thas become, in the opinion of the Director-General, unfit to act in the capacity in which he is authorised to act in terms of the certificate; or (e) \thas been reported by any court, authority or officer conducting any trial, inquiry or investigation under this Ordinance- (i) \tthat any shipping casualty, or wreck or abandonment of any inland ship or the loss or damage to any such ship or any loss of life, or any injury or damage to person or property, has been caused by or due to any wrongful act or default of such person; or (ii) \tthat such person has been incompetent or guilty of gross act of negligence, drunkenness or other misconduct: Provided that no certificate of a person shall be suspended or cancelled except after giving him an opportunity of showing cause against it and, in a case referred to in clause (e), also after furnishing him a copy of the report of the court, authority or officer. (2) A certificate of competency suspended or cancelled under sub-section (1) shall be delivered to such person and within such time as the order of suspension or cancellation may specify. (3) The Government or any officer authorised by the Government in this behalf may, at any time on consideration of the prayer, if any, made by the aggrieved person, revoke the order of suspension or cancellation under sub-section (1) of a certificate of competency of any person, and grant him, without examination, a new certificate and the new certificate shall, unless otherwise provided therein, have the same effect as the one suspended or cancelled.",
"name": "Suspension and cancellation of certificate",
"related_acts": "",
"section_id": 48
},
{
"act_id": 531,
"details": "44. (1) A shipping casualty shall be deemed to occur when- (a)\tany inland ship is lost, wrecked, abandoned or materially damaged; (b) \tany loss of life or property ensues by reason of any casualty happening to or on board any such ship; or (c) \tany such ship causes loss or material damage to any other inland ship or property or person on board that ship. (2) Every shipping casualty shall forthwith and, if this be not possible, within twenty-four hours of its occurrence, be reported to the officer in charge of the nearest police station by the master of the inland ship and, where more inland ships than one are involved, by the master of each such ship or other person or persons in charge thereof and, in the absence or physical inability of such master or persons, by any member of the crew of the ship or ships 40or by any passenger of the ship or ships or any other person having the knowledge of such casualty. (3) Upon receipt of the report of a shipping casualty under sub-section (2) 41or upon receipt of any information from any reliable source, the officer in charge of the police station shall, as soon as possible, and in any case not later than 42twelve hours of the occurrence of the casualty, make a report in writing of the facts and circumstances of the casualty to the Government, 43Director-General, the District Magistrate and the 44Upazilla Nirbahi Officer within the limits of whose jurisdiction the casualty has occurred.",
"name": "Shipping casualty and report thereof",
"related_acts": "",
"section_id": 49
},
{
"act_id": 531,
"details": "45. (1) Upon the receipt of a report of shipping casualty under section 44, the 45Upazilla Nirbahi Officer shall- (a)\tforthwith hold or cause to be held an inquiry respecting the shipping casualty, and (b)\twithin seven days, submit to the Government and to the District Magistrate a report stating the facts and circumstances of the casualty together with his observations, if any, as to the reasons of and responsibilities for the casualty. (2) The person holding inquiry under sub-section (1) may- (a)\tgo on board any inland ship or other vessel involved and inspect any part, or any machinery equipment or other article on board, such ship or vessel; (b)\tenter and inspect any such premises as appear to him to be necessary for the purpose of the inquiry; (c) \trequire the attendance of, and examine, any person who, he has reason to believe, has the knowledge or information relating to the facts and circumstances of the casualty; and (d) \trequire the production of such books, papers and documents as may reasonably appear to him to be necessary for the purpose of the inquiry. (3) Notwithstanding the provisions of sub-section (1), the Government may, upon receipt of a report under sub-section (3) of section 44, cause to be held an inquiry respecting the casualty by such officer as it may appoint in this behalf and the officer shall- (a)\tsubmit to the Government a report stating the facts and circumstances of the casualty together with his observation, if any, as to the reasons of and responsibilities for the casualty; (b)\thave the powers and privileges referred to in sub-section (2). (4) Where an inquiry is held under sub-section (3), no inquiry shall be held under sub-section (1).",
"name": "Inquiry into shipping casualty",
"related_acts": "",
"section_id": 50
},
{
"act_id": 531,
"details": "46. (1) Where, after considering the report under sub-section (1) or under sub-section (3) of section 45, the Government is of opinion that any contravention of any provision of this Ordinance or any other law which might have caused or contributed to occurrence of the casualty should be tried, the Government may direct the District Magistrate or the 46Upazilla Nirbahi Officer or the officer holding inquiry under sub-section (1) or sub-section (3) of section 45, as the case may be, to submit, for trial, a statement of the case to- (a)\ta court of the Magistrate of the first class having jurisdiction at the place at which the casualty occurred; or (b)\ta Marine Court constituted under section 47. (2) The statement of case under sub-section (1) shall include- (a)\tthe names of the persons accused of the offences to be tried; (b) \tthe formal charges of the offences alleged to have been committed; and (c) \tthe list of witnesses intended to be produced in support of each charge: Provided that the submission of the list of witnesses under clause (c) shall not preclude the District Magistrate or the 47Upazilla Nirbahi Officer or the officer holding inquiry under sub-section (3) of section 44, or the prosecution from submitting additional names of witnesses at any subsequent stage of the trial.",
"name": "Trial of offences",
"related_acts": "",
"section_id": 51
},
{
"act_id": 531,
"details": "4847. (1) There shall be constituted one or more Marine Courts consisting of a Magistrate of the first class to try the offences punishable under this Ordinance. (2) The Government may, by notification in the official Gazette, determine the jurisdiction of the Marine Courts, if the number of court is more than one. (3) The Marine Court trying the offences punishable under this chapter shall be assisted by not less than two or more than four assessors of whom one shall be a person conversant with maritime affairs and the other or others shall be person or persons conversant with navigation of inland ships or mercantile or marine engineering affairs. (4) Every assessor of a Marine Court shall, unless he is for sufficient reason permitted absence on any day by the Magistrate constituting the Court, attend every proceeding of the court and shall deliver his opinion in writing which shall be recorded on the proceedings.",
"name": "Constitution of Marine Court",
"related_acts": "",
"section_id": 52
},
{
"act_id": 531,
"details": "48. The Marine Court shall have the same powers as are vested in the Court of a Magistrate of the first class under the Code of Criminal Procedure, 1898 (Act V of 1898).",
"name": "Marine Court to have powers of a Magistrate of the first class",
"related_acts": "75",
"section_id": 53
},
{
"act_id": 531,
"details": "49. For the purpose of a trial under this Chapter, a Court which expression shall hereinafter mean both the Courts referred to in sub-section (1) of section 46 shall follow as nearly as may be the procedure for summary trials under the Code of Criminal Procedure, 1898 (Act V of 1898).",
"name": "Procedure for trial",
"related_acts": "75",
"section_id": 54
},
{
"act_id": 531,
"details": "50. (1) If a Court conducting any trial under this Chapter issues a warrant of arrest to compel the attendance of any person whose evidence is in its opinion necessary, it may, for the purpose of effecting the arrest, authorise any police officer to enter any inland ship or other vessel or any premises. (2) The police officer authorised to enter any inland ship or vessel or premises under sub-section (1) may, for the purpose of enforcing the entry, call to his aid any officer of police or customs or any other person and may seize and detain the vessel for such time, not exceeding forty-eight hours, as may be reasonably necessary for effecting the arrest.",
"name": "Arrest of witnesses",
"related_acts": "",
"section_id": 55
},
{
"act_id": 531,
"details": "51. (1) A Court undertaking a trial under this Chapter may, in the course of such trial investigate into any charge against any 49owner and master, engineer, engine-driver or any other person holding a certificate or licence granted under this Ordinance of incompetency, misconduct, wrongful act or default which might have caused, or contributed to the occurrence of, the casualty. (2) For the purpose of an investigation under sub-section (1) into any charge against any person, the Court may summon him to appear and shall give him full opportunity of making a defence, either in person or otherwise.",
"name": "Power to investigate into charge of incompetency, etc.",
"related_acts": "",
"section_id": 56
},
{
"act_id": 531,
"details": "52. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), a Court trying under this Chapter any offence may award any punishment provided for the offence. (2) In a case where a shipping casualty has resulted in any loss of life or injury to person or property, or damage to any inland ship and the Court trying an offence is satisfied that the casualty or the loss, injury or damage is attributable to the fault of any inland ship or any other vessel or to any default, incompetence, misconduct or offence of the master or any other officer or crew of the ship, it may, without prejudice to the provisions of sub-section (1) or any of its other powers, by order, direct the owner or the master of the vessel or both to pay by way of compensation within three months a sum not exceeding 50five lakh taka- (a) \tin the case of loss of life, to the heirs of the deceased, (b)\tin the case of injury to person or 51damage to property, to the person suffering the injury or the owner of the property, as the case may be, and (c) \tin the case of damage to any other vessel, to the owner of such vessel. (3) An order to pay compensation shall have effect as if it were a decree of a civil Court of competent jurisdiction and the amount of compensation may, if the Government so directs in case of default in payment, also be recovered by distraint and sale of the inland ship concerned.",
"name": "Special powers of Courts",
"related_acts": "75",
"section_id": 57
},
{
"act_id": 531,
"details": "53. A Court holding a trial under this Chapter shall, after the conclusion of the trial, submit to the Government a report of its findings or, as the case may be, a copy of its judgement together with the evidence recorded and, in the case of a Marine Court , also with the opinion of the assessors.",
"name": "Report by Court to Government",
"related_acts": "",
"section_id": 58
},
{
"act_id": 531,
"details": "54. No inland ship engaged in carrying passengers shall proceed on any voyage or be used for any service for mercantile purposes- (a)\tunless she has a valid route permit granted by the Government or an authority authorised by it in this behalf and an approved time-table 53; (b) \texcept in the route allocated by, and in accordance with the terms and conditions of, such route permit 54; and 55(c) \twithout printed tickets or receipts showing payment of fares for carriage of passengers and freights for carriage of goods which shall be issued in such manner as may be prescribed.",
"name": "Plying without route permit, time table, fare table and printed ticket prohibited",
"related_acts": "",
"section_id": 59
},
{
"act_id": 531,
"details": "5654A. (1) No inland ship shall proceed on any voyage or be used for any service without a written permission from the registrar to ply in coastal water. (2) The registrar shall issue a written permission referred to in sub-section (1) in such manner and on such conditions as may be specified by the Director-General in this behalf. (3) The permission to ply in coastal water shall remain valid till the validity of the survey certificate referred to in section 11. (4) The Government may exempt any inland ship from the operation of this section for a maximum period of three months.",
"name": "Plying in coastal water without permission prohibited",
"related_acts": "",
"section_id": 60
},
{
"act_id": 531,
"details": "54B. (1) Inland ship carrying- (a)\tone hundred or more than one hundred passengers; or (b) \toil, gas or chemical of more than two hundred gross tonnage; or (c) \tcargo of more than three hundred gross tonnage; shall not proceed on any voyage or be used in service unless she has been provided with such telecommunication equipment as may be prescribed. (2) The Government may by order exempt from the operation of this section any inland ship or class of inland ships, if it is of the opinion that, having regard to the nature of the voyage in which the inland ship is engaged or other circumstances of the case, the provision of the telecommunication equipment is unnecessary or unreasonable.",
"name": "Voyage without Telecommunication Equipment prohibited",
"related_acts": "",
"section_id": 61
},
{
"act_id": 531,
"details": "55. Except for the purpose of proceeding to the assistance of any vessel, craft or person in distress, no inland ship shall proceed on any voyage or be used for any service when there is hoisted or announced a danger signal of storm or where there is reasonable apprehension of a storm.",
"name": "Voyage during storm signal prohibited",
"related_acts": "",
"section_id": 62
},
{
"act_id": 531,
"details": "56. No inland ship shall proceed on any voyage or be used for any service for mercantile purposes, unless she has been equipped or provided with such 57 life-saving apparatus, fire-fighting equipments and instruments, and there has been taken in respect of her such measures against explosion, fire, collision and other accidents, as may be prescribed.",
"name": "Measures for protection against explosion, fire, etc.",
"related_acts": "",
"section_id": 63
},
{
"act_id": 531,
"details": "5856A. Every inland ship while underway shall comply with such rules for prevention of collisions or relating to steering and sailing as may be prescribed.",
"name": "Compliance with rules for preventing collisions, etc.",
"related_acts": "",
"section_id": 64
},
{
"act_id": 531,
"details": "5957A. No person shall,- (a)\tby setting any fishing net or any other means, cause obstruction to navigation of any inland ship in any navigable water route; (b)\tby any means, cause damage, destroy or remove any buoy or beacon or any other similar equipment or mark which has been installed for the purpose of aid to navigation.",
"name": "Causing obstruction, etc. on any navigable water route prohibited",
"related_acts": "",
"section_id": 65
},
{
"act_id": 531,
"details": "57. (1) Except in accordance with such conditions and after taking such precautions as may be prescribed, no inland ship shall carry on board any dangerous goods. (2) No person shall- (a)\ttake with him on board an inland ship any dangerous goods without permission of the owner or the master of the ship, or (b)\tdeliver or tender for carriage by such ship any dangerous goods without such permission and without distinctly marking their nature on the outside of the package or receptacle containing the goods. (3) If the owner or master of an inland ship suspects, or has reason to believe, that any luggage or parcel taken or delivered or tendered for carriage, on the ship contains dangerous goods, he may,- (a)\trefuse to carry it by the ship; (b) \trequire it to be opened to ascertain the nature of its contents; or (c) \tif it has been received for carriage, stop its transit until he is satisfied as to the nature of its contents. (4) Where any dangerous goods have been taken or delivered on board any inland ship in contravention of this section, the owner or master of the vessel may, if he thinks fit, cause the goods to be thrown overboard or destroyed, together with any package or receptacle in which they are contained; and neither the owner nor the master shall, in respect of his having so caused the goods to be thrown overboard or destroyed be subject to any liability, civil or criminal in any Court.",
"name": "Carriage of dangerous goods",
"related_acts": "",
"section_id": 66
},
{
"act_id": 531,
"details": "6058A. No inland ship carrying passenger shall proceed on any voyage unless her passengers and crew are insured with an insurance company engaged in the insurance business in Bangladesh or the owner of that ship be a member of the Marine Casualty Trust Fund to be established by the Government in such manner as may be prescribed.",
"name": "Voyage without Insurance or Marine Casualty Trust Fund coverage prohibited",
"related_acts": "",
"section_id": 67
},
{
"act_id": 531,
"details": "58. No inland ship carrying passengers for mercantile purposes shall carry- (a)\tany passenger on the open roof, or (b) \tany cargo on the upper deck, or (c) \tany passenger or cargo in contravention of any rules regulating the carriage and protection of passengers, or (d) \tany dangerous goods, or (e) \tany passenger or cargo in any space not certified for carrying the same.",
"name": "Passenger ship not to carry cargo on upper deck, etc.",
"related_acts": "",
"section_id": 68
},
{
"act_id": 531,
"details": "59. In respect of any system or stretch of, or the run between any two places on, inland waterways or in respect of any class of inland ship, the Government or any authority authorised by it in this behalf, after such enquiry as it considers necessary, may, by notification in the official Gazette,- (a)\tfix the maximum and minimum rates per mile of passenger fares for different classes; (b) \tfix the maximum and minimum rates per mile of freight for carriage of goods of any description; (c) \tdeclare where maximum or minimum rates of fares or freights have been so fixed, what shall be deemed to be the distance between two places on any inland waterway for the purpose of calculating fares and freights for carriage of passengers and goods between such places.",
"name": "Maximum and minimum fares and freights",
"related_acts": "",
"section_id": 69
},
{
"act_id": 531,
"details": "60. (1) Where the Government or an authority authorised by it in this behalf so directs, the owner of an inland ship shall, subject to the approval of such authority, publish as often as may be necessary and put on sale to the public tables showing- (a)\ttimes of sailing from different places of the ship, (b) \tfares for carriage to different places of passengers of different classes, and (c) \tfreights for carriage to different places of goods of different descriptions. (2) The owner and master of every inland ship in respect of which the tables referred to in sub-section (1) have been published shall cause a copy of the same to be affixed on some conspicuous part of the ship and kept so affixed so long as they remain in force and the ship is in use so that the content of the tables may be easily read by all persons on board the ship. (3) Notwithstanding the provisions of sub-section (1) an authority authorised by Government in this behalf, may publish for sale to the members of the public consolidated time and fare-tables in respect of any or all classes of inland ship; and such tables shall contain the information required under clauses (a), (b) and (c) of sub-section (1).",
"name": "Publication of fare and freight tables",
"related_acts": "",
"section_id": 70
},
{
"act_id": 531,
"details": "60B. Pollution prevention certificate(s) mentioned in section 60A be carried on board the ship, at all times, by the owner or master and shall be open to inspection by a person authorised by the Government or the Department of Shipping.",
"name": "Pollution prevention certificate(s) to be carried on board",
"related_acts": "",
"section_id": 71
},
{
"act_id": 531,
"details": "60A. (1) No inland ship or a facility plying or operating in or around inland waterways shall be used without registration and sanitation facilities as may be prescribed and no inland ship activity shall be conducted to cause pollution of inland water. (2) Every inland ship shall be granted yearly renewable pollution prevention certificate(s) by the surveyor after getting the application along with prescribed fee(s) from the owner or master of the inland ship. (3) Every inland ship carrying more than 12 persons including passenger, master, officer and members of the crew of the inland ship, shall have potable water and sanitation system approved by the Department of Shipping. \t(4) The discharge of oily mixture and sewage into inland water is prohibited except when: (a)\tthe inland ship is discharging comminuted and disinfected sewage using a system approved by the Department of Shipping; or (b) \tthe inland ship has in operation an approved sewage treatment plant or a retention tank of adequate capacity which has been certified by the Department of Shipping; or (c) \tthe discharging of sewerage, oil or oily mixture into inland water necessary for the purpose of securing the safety of a inland ship or saving life on board; or (d) \tthe discharge into inland water of oil, oily mixture or sewage resulting from damage to an inland ship or its equipment, provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimising the discharge; or (e) \tthe discharge for the purpose of combating specific pollution incidents in order to minimize the damage from pollution, subject to the approval of the Department of Shipping. Explanation.- In this section- (a)\t“Pollution” means contamination or other alteration of the physical, chemical or biological properties of inland water, soil or air including change in their temperature, taste, odour, density, colour or any other characteristics of such water, soil or air including sound or noise level more than a prescribed limit or such discharge of any liquid, gaseous, solid substance, radio active or other substance including non biodegradable waste and sewage into such water, soil or air as it will, or is likely to create a nuisance or render such water, soil or air harmful, injurious, detrimental or disagreeable to public health, safety or welfare or to domestic, commercial, industrial, agricultural, recreational or other bonafide uses or to livestock, wild animal, bird, fish, plant or other form of life; and (b)\t“Sewage” means: (i)\tdrainage and other wastes from any form of toilets, urinals, and water commode scuppers; (ii) \tdrainage from medical premises (dispensary, sick bay, etc.) via wash basins, wash tubs and scuppers located in such premises; (iii) \tdrainage from spaces containing livening animals; or (iv) \tother waste water when mixed with drainages defined above. (5) Pollution prevention certificate(s) shall be obtained by the owner of the- (a)\texisting inland ship within three years from; (b) \tnew inland ship immediate after; the commencement of the Inland Shipping (Amendment) Act, 2005.",
"name": "Inland Water Pollution Prohibited",
"related_acts": "",
"section_id": 72
},
{
"act_id": 531,
"details": "6261A. The master of an inland ship shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to Taka 63thirty thousand, or with both, if the inland ship contravenes the provisions of section 55 or 56A.",
"name": "Penalty for contravention of sections 55 and 56A",
"related_acts": "",
"section_id": 73
},
{
"act_id": 531,
"details": "61. The owner and the master of an inland ship shall each be punishable with imprisonment for a term which may extend to 65two years, or with fine which may extend to taka thirty thousand, or with both, if- 66* * * (b) \tthe inland ship proceeds on any voyage or is used for any service on inland waters without having a certificate of survey and a certificate of registry 67or the certified copy thereof as required by section 33; (c) \tthe inland ship proceeds on any voyage in contravention of the provisions of section 43 without a master and an engineer or engine-driver; (d) \tthe inland ship does not have a valid route permit and time–table plies in a route other than the one specified is the route permit contravention of the provisions of section 54; 68* * * (f) \tthe inland ship 69is not equipped or provided with such apparatus and instruments for protection against explosion, fire, collision and accidents as required by section 56.",
"name": "Penalty for contravention of sections 33, 43, 54 and 56",
"related_acts": "",
"section_id": 74
},
{
"act_id": 531,
"details": "62. The owner and the master of an inland ship shall each be punishable with imprisonment for a term which may 70extend to three months, or with fine which may extend to Taka five thousand, or with both, if- (a)\t\tthe certificate of survey of the ship is not affixed and kept affixed on the ship as required by section 10; (b)\t\tthe registration number is not displayed on the ship as required by section 19; (c)\t\tthe tables published under section 60 have not been affixed and kept affixed on the ship as required by sub-section (2) of that section.",
"name": "Penalty for contravention of sections 10, 19 and 60",
"related_acts": "",
"section_id": 75
},
{
"act_id": 531,
"details": "63. The owner or the master of an inland ship or both shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Taka 71five thousand, or with both, if he, without reasonable cause, fails to deliver- (a)\tthe certificate of survey of the ship which has ceased to be in force, as required by section 13; (b) \tthe certificate of registry 72or the certified copy thereof of the ship which is lost, taken by the enemy, burnt or broken, as required by sub-section (2) of section 23; or (c)\tthe certificate of registry 73or the certified copy thereof for endorsement of the change of ownership of the ship, as required by sub-section (2) of section 24.",
"name": "Penalty for contravention of sections 13, 23 and 24",
"related_acts": "",
"section_id": 76
},
{
"act_id": 531,
"details": "64. (1) Any person who transfers or attempts to transfer an inland ship in contravention of sub-section (1) of section 26 shall be punishable with rigorous imprisonment for a term which may extend to three years, or with fine which may extend to Taka 74thirty thousand or with both. (2) The transferor or the transferee of an inland ship or both shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Taka 75twenty thousand or with both, if he fails to make a report of the transfer of an inland ship as required by sub-section (2) of section 26.",
"name": "Penalty for transfer of ship in contravention of section 26, etc.",
"related_acts": "",
"section_id": 77
},
{
"act_id": 531,
"details": "65. A person shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Taka 76fifteen thousand or with both, if he fails to deliver certificate of competency or licence which has been suspended or cancelled, as required by sub-section (2) of section 42.",
"name": "Penalty for contravention of section 42",
"related_acts": "",
"section_id": 78
},
{
"act_id": 531,
"details": "66. A person shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to Taka 77fifty thousand, or with both, if he- (a) \twithout ascertaining that a person is entitled to, and in possession of, appropriate valid certificate of competency or licence for the purpose, employs or engages such person to act as master, engineer or engine-driver of an inland ship; (b)\twithout being entitled to, or in possession of, appropriate valid certificate of competency or licence, acts in any voyage as master, engineer or engine-driver of such ship.",
"name": "Penalty for acting on ship without certificate, etc.",
"related_acts": "",
"section_id": 79
},
{
"act_id": 531,
"details": "7867. Where on any voyage for mercantile purposes an inland ship carries on board or in any part of the ship passengers in excess of the number set forth in the certificate of survey of the ship as the number of passengers which the ship or the part thereof is fit to carry,- 79* * * 80(b) the owner or his representative, if present, on board the inland ship or at the terminal at the time of voyage, loading or unloading or master of the inland ship shall be punishable with fine which may extend to Taka three hundred for each passenger so in excess up to a maximum of Taka one lakh.",
"name": "Penalty for over-loading of passengers",
"related_acts": "",
"section_id": 80
},
{
"act_id": 531,
"details": "8167A. The owner or his representative, if present, on board the inland ship or at the terminal at the time of voyage, loading or unloading or master or both of an inland ship shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka fifty thousand, or with both, if he loads the inland ship in such a manner which endangers the ships, its property or lives on board thereof.",
"name": "Penalty for improperly loading an inland ship",
"related_acts": "",
"section_id": 81
},
{
"act_id": 531,
"details": "68. If an inland ship carries on board any dangerous goods in contravention of sub-section (1) of section 57, or any passenger or cargo or dangerous goods in contravention of section 58,- (a)\tthe owner of the ship shall be punishable with fine which may extend to Taka three thousand; and (b)\tthe master of the ship shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Taka three thousand, or with both.",
"name": "Penalty for contravention of sections 57 and 58",
"related_acts": "",
"section_id": 82
},
{
"act_id": 531,
"details": "8268A. Any person who contravenes the provisions of section 57A shall be punishable with imprisonment for a term which may extend to 83one year, or with fine which may extend to Taka twenty five thousand, or with both, and the court trying such offence may order confiscation of any material used in the obstruction to navigation to the Government.",
"name": "Penalty for contravention of section 57A",
"related_acts": "",
"section_id": 83
},
{
"act_id": 531,
"details": "8468B. The owner and the master of an inland ship shall each be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka thirty thousand, or with both if any of them contravenes the provisions of section 54A, 54B or 58A.",
"name": "Penalty for Contravention of sections 54A, 54B and 58A",
"related_acts": "",
"section_id": 84
},
{
"act_id": 531,
"details": "67B. If an inland ship carries on board any goods in excess of the load line mark set forth in the certificate of registration of the ship for which the ship is fit to carry, the owner or his representative, if present, on board the inland ship or at the terminal at the time of voyage, loading or unloading or master of the inland ship carrying the excess goods shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to,- (a)\tin the case of an inland ship having capacity up to one hundred fifty gross ton, ten thousand Taka; and (b) \tin the case of an inland ship having capacity above one hundred fifty gross ton, fifty thousand Taka, or with both.",
"name": "Penalty for over loading of goods (solid, liquid, gaseous or bulk)",
"related_acts": "",
"section_id": 85
},
{
"act_id": 531,
"details": "69. A person shall be punishable with imprisonment for a term which may extend to 85one year, or with fine which may extend to Taka twenty five thousand, or for carriage with both, if he takes with him on board, or delivers or tenders for carriage by, an inland ship any dangerous goods in contravention of sub-section (2) of section 57; and such goods so taken, delivered or tendered shall be forfeited to the Government.",
"name": "Penalty for tendering, etc., of dangerous goods for carriage",
"related_acts": "",
"section_id": 86
},
{
"act_id": 531,
"details": "70. (1) A person employed or engaged in any capacity on board an inland ship shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to Taka ten thousand, or with both, if he, by wilful breach or neglect of duty,- (a)\tdoes any act tending to wreck, destroy or materially damage the ship or to endanger the life or limb of any person, or to destroy or damage any property, on board, or belonging to, such ship or any other ship, or (b) \trefuses or fails to do any such act as may be done by him for preserving the ship or any other vessel from wreck, destruction or damage, or for preserving any such person from danger to life or limb. (2) Where a shipping casualty caused by an inland ship resulted in the loss of life of, or injury to, any person, or damage to any property, on board such ship or any other ship, and such casualty occurred due to the fault of such inland ship or due to the incompetence or misconduct of, or contravention 86by the owner, master or any officer or other member of the crew of the ship, the owner, master or any officer or other member of the crew of such ship or each of them shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to Taka one lac but shall not be less than Taka ten thousand, or with both.",
"name": "Penalty for misconduct, etc., for endangering ship",
"related_acts": "",
"section_id": 87
},
{
"act_id": 531,
"details": "71. A person shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka 87ten thousand, or with both, if he, without sufficient cause, fails to report a shipping casualty to the officer in charge of a police station as required by sub-section (2) of section 44.",
"name": "Penalty for failure to report casualty",
"related_acts": "",
"section_id": 88
},
{
"act_id": 531,
"details": "8871A. (1) Any person who contravenes the provision of section 60A shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka one lakh, or with both, and with recovery as compensation for the actual damage caused in any form, including the cost of clean up or containment or mitigation measures required. (2) The extent of environmental damages and other relevant expenses shall be determined by a committee appointed by the Government for this purpose.",
"name": "Penalty for Contravention of section 60A",
"related_acts": "",
"section_id": 89
},
{
"act_id": 531,
"details": "72. A person shall be punishable with fine which may extend to Taka 89ten thousand if he intentionally contravenes any of the provisions of this Ordinance for the contravention of which no penalty is provided elsewhere in this Ordinance.",
"name": "Penalty for other contraventions",
"related_acts": "",
"section_id": 90
},
{
"act_id": 531,
"details": "9072A. (1) If the person committing an offence under this Ordinance is a company, every person who, at the time the offence was committed, was incharge 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 in this sub-section shall render any such person liable to any punishment under this Ordinance if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Ordinance has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence, and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section- (a)\t“Company” means any body corporate and includes a firm or other association of individual, and (b) \t“director” in relation to a firm, means a partner in the firm.",
"name": "Offences by companies, etc.",
"related_acts": "",
"section_id": 91
},
{
"act_id": 531,
"details": "73. (1) Save as otherwise provided in this Ordinance, an offence punishable under this Ordinance , not being an offence made punishable by rules made under this Ordinance, shall not be tried by any Court other than a Court of Magistrate of the first class or the Marine Court. (2) Unless in any case the Government, by notification in the official Gazette, appoints any other place for the purpose, an offence punishable under this Ordinance may be tried, subject to the provisions of sub-section (1) by a Court within the local limits of whose jurisdiction it was committed or the accused may be found.",
"name": "Trial of offences",
"related_acts": "",
"section_id": 92
},
{
"act_id": 531,
"details": "9173A. Notwithstanding anything contained in this Ordinance or in any other law for the time being in force, a Magistrate of the first class presiding over the Marine Court constituted under section 47 may also try an offence punishable under this Ordinance as a Court of the Magistrate of the first class.",
"name": "Trial of offences by the Magistrate of the Marine Court",
"related_acts": "",
"section_id": 93
},
{
"act_id": 531,
"details": "74. Where the owner or the master of an inland ship is sentenced to pay a fine for an offence punishable under this Ordinance, the Court passing the sentence may also direct that, in case of failure to immediately pay the fine, the amount of the fine may be recovered by distraint and sale of the ship or the tackle, apparel or furniture of the ship, or so much thereof as may be necessary for the recovery of the fine.",
"name": "Recovery of fine by distraint",
"related_acts": "",
"section_id": 94
},
{
"act_id": 531,
"details": "75. Exemption of Government ships.- Omitted by section 29 of the Inland Shipping (Amendment) Ordinance, 1983(XIX of 1983).",
"name": "Omitted",
"related_acts": "",
"section_id": 95
},
{
"act_id": 531,
"details": "76. (1) The Government may, by notification in the official Gazette, declare that the provisions of Chapters II and III or any of those provisions shall not apply, or shall apply with such modifications as may be specified in the notification, to any inland ship so specified. (2) The Government may exempt a foreign ship not registered under this Ordinance from the requirements of the provisions of Chapters II and III and permit the ship to ply in the inland waters of Bangladesh subject to such terms and conditions as the Government may specify.",
"name": "Power to modify application of the Ordinance",
"related_acts": "",
"section_id": 96
},
{
"act_id": 531,
"details": "77. Every master of an inland ship who has in his possession a valid certificate of competency of master granted under this Ordinance shall, for the purpose of section 30 of the Ports Act, 1908 (Act XV of 1908), be deemed to be the pilot of that ship in the port to which that section applies .",
"name": "Certificated master to be pilots under Act XV of 1908",
"related_acts": "89",
"section_id": 97
},
{
"act_id": 531,
"details": "78. Every surveyor, registrar and other officer performing any functions under this Ordinance shall be deemed to be a public servant within the meaning of the Penal Code (Act XLV of 921860).",
"name": "Surveyor and registrar to be public servant",
"related_acts": "",
"section_id": 98
},
{
"act_id": 531,
"details": "79. (1) If the Government is of opinion that an emergent necessity has arisen rendering it essential to regulate the movement of goods and passengers and to provide for allocation of specific routes to inland ships, the Government or any authority authorised by it in this behalf, may regulate the movement of goods and passengers in such manner as may be prescribed and requisition, for the purpose of movement of goods and passengers any inland ship on such terms and conditions as the Government may determine or direct, by order in writing, the owner or master of an inland ship- (a)\tthat the ship shall ply on a route or routes specified in the order; and (b) \tthat the ship shall be used for such traffic purposes as may be specified in the order. (2) Whoever fails to abide by regulation, or comply with requisition or direction, if any, under sub-section (1), shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka ten thousand, or with both.",
"name": "Power to regulate movement of goods, etc.",
"related_acts": "",
"section_id": 99
},
{
"act_id": 531,
"details": "80. (1) The owner or master of an inland ship- (a)\tshall afford reasonable facilities for receiving, forwarding and delivering goods to be carried by the ship and for transhipment of goods to any other ship with which an agreement for such transhipment has been entered into; and (b)\tshall not, in the matter of such receiving, forwarding, delivering or transhipment, discriminate between persons, commercial concerns, goods or classes of goods. (2) In the event of contravention of any of the provisions of sub-section (1), the owner and the master of the inland ship shall each be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka ten thousand, or with both.",
"name": "Facilities for receiving and delivering goods, etc.",
"related_acts": "",
"section_id": 100
},
{
"act_id": 531,
"details": "9381A. (1) Where an officer, after the inspection and examination under sub-section (1) of section 81, is of the opinion that the inland ship is not complying with the provisions of this Ordinance or rules made thereunder, for which the voyage is unsafe for the ship, lives or properties on board thereof, he may temporarily detain that ship and such documents as he feels necessary and make an order in writing not to proceed on any voyage till such time the ship is made safe for the voyage to the satisfaction of that officer.",
"name": "Temporary detention of inland ship for unsafe plying, etc.",
"related_acts": "",
"section_id": 101
},
{
"act_id": 531,
"details": "81C. The Director-General or a person authorised by him or an officer appointed under the provisions of this Ordinance may, for the purpose of exercising any power or performing any function under this Ordinance, request any law enforcing agency, or any other Government or statutory authority to render necessary assistance, and upon such request that agency or authority shall render the assistance.",
"name": "Assistance from law enforcing agencies and other authorities",
"related_acts": "",
"section_id": 102
},
{
"act_id": 531,
"details": "81D. The Government may, by notification in the official Gazette, direct that the powers exercisable by it or the Director-General under any of the provisions of this Ordinance shall, subject to such conditions, if any, as may be so specified in that notification, be exercisable by a competent authority declared as such by the Government in the said notification.",
"name": "Delegation of Power",
"related_acts": "",
"section_id": 103
},
{
"act_id": 531,
"details": "81E. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (V of 1898), it shall be lawful for any Magistrate of the first class to pass a sentence of fine under this Ordinance exceeding ten thousand Taka.",
"name": "Special provision regarding fines",
"related_acts": "75",
"section_id": 104
},
{
"act_id": 531,
"details": "81. (1) The Government may, for the purpose of seeing that the provisions of this Ordinance and the rules made thereunder have been complied with, appoint such officers as it may deem fit and any officer so appointed may- (a)\tgo on board any inland ship at all reasonable times and inspect the same and any part thereof, or any of the machinery, equipments 95, cargo and passenger on board thereof; (b) \trequire and enforce the production of the certificate of registry, certificate of survey, certificate of competency, route permit, fare-table, freight-table, time-table and such other documents as he considers necessary; (c) \texamine the owner or master of the ship or any other person engaged on board thereof and obtain from him statement in writing; 96 * * * 97(e)\tinspect and examine an inland ship which is overloaded or improperly loaded. (2) Where any officer, after inspection and examination 98under sub-section (1), section 81A or 81B, is of opinion that an offence under this Ordinance has been committed, he may make a complaint in writing to the court competent to try such offence; and upon such complaint the Court shall take cognizance of the offence.",
"name": "Inspection and detention to ensure compliance with the provisions of the Ordinance",
"related_acts": "",
"section_id": 105
},
{
"act_id": 531,
"details": "81B. (1) Any officer appointed under section 81 has reason to believe that an inland ship has been or is being used in contravention of the provisions of sub-section (1) of section 18 or without the certificate of survey required by sub-section (1) of section 9 or without the permit required by sub-section (3) of section 9, seize and detain the inland ship. (2) Notwithstanding anything contained in sub-section (1), where any such officer or person has reason to believe that an inland ship has been or is being used without the certificate of survey required by sub-section (3) of section 9, he may, instead of seizing the inland ship, seize the certificate of registration of the ship, certificate of competency of master and driver and shall issue an acknowledgement in respect thereof. (3) Where no owner of a detained inland ship is found after a reasonable enquiry, the ship may be auctioned in public in such manner as may be prescribed or taken in to custody in favour of the Government, in order to stop the non-compliance.",
"name": "Power to detain inland ship plying without certificate of registration or certificate of survey or temporary plying permit",
"related_acts": "",
"section_id": 106
},
{
"act_id": 531,
"details": "82. (1) The Government may, subject to the condition of previous publication, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for- (i) \tthe time and places at which, and the manner in which, surveys are to be made; (ii) \tthe duties of the surveyor making a survey and where more than one surveyor is employed, the respective duties of each surveyor; (iii) \tthe manner in which free board deck in relation to an inland ship will be determined and marking on each side of the ship will be made to indicate the position of that deck by a mark to be known as “free board line”; (iv) \tthe form in which declarations of survey, certificates of survey and certificates of registry are to be prepared, and the nature of the particulars to be stated therein; (v) \tthe rates according to which fees payable in respect of surveys and registry are to be calculated in the case of all or any of the places of survey or places of registry; (vi) \tthe cases in which, and the extent to which, a survey or registry may be dispensed with; 99(via)\tgrades of masters and drivers; (viaa)\tsyllabus and courses of examination and test for certificate of competency; (vii)\tthe time and place of holding and the mode of conducting examinations of persons desirous of obtaining certificates of competency and fees to be paid for such examinations; (viii)\tthe qualifications to be required of persons desirous of obtaining certificates of competency (ix)\tregulating the grant of certificates of services and fees to be paid for such certificates; (x) \tregulating the grant of licences under section 38 and fees to be paid for such licences; (xi) \tthe forms in which and the authorities by which the certificates and licences aforesaid are to be granted and the manner in which copies thereof are to be kept and recorded; (xii) \tthe manner in which and the conditions subject to which dangerous goods may be carried on an inland ship; (xiii)\tthe measures and precautions to be taken to prevent explosions and fires on board an inland ship; (xiv)\tthe apparatus and other things to be kept and carried on board an inland ship for the purpose of extinguishing fires; (xv)\tthe carriage and exhibition of lights and the making of sounds and visual signals by inland ship (xvi) \tthe carriage and exhibition of lights or other signals by any 100inland ship or craft plying on inland waters on which inland ships ply; 101(xvii)\tthe collisions, steering and sailing rules to be observed by inland ships; (xviii) \tthe manner of towing and pushing by an inland ship of any vessel or craft; (xix)\tthe speed at which an inland ship may navigate in specified areas; (xx)\tthe equipment, instrument and appliance to be kept and carried on board an inland ship for the purpose of safety of the ship and of the life and property on board; (xxi)\tregulating the navigation of inland ships to prevent danger to other vessels or crafts, or damage or injury to navigation marks, river banks, navigable channel or to any property in or abutting on such banks or channels; (xxii)\tregulating the carriage of passengers by, and the conduct of passengers on board, an inland ship; (xxiii)\tthe conditions and circumstances in which passengers may be refused admission to, and may be required to leave, an inland ship; 102(xxiv)\tthe supply of drinking water free of charge for the use of the passengers; 103(xxv) \tpollution prevention, sanitary and other measures to be taken on board an inland ship for ensuring cleanliness and convenience of passengers and inland water; (xxvi)\tseparate accommodation for women and children; (xxvii) \tthe issue and exhibition of tickets or receipts showing payment of fares for carriage of passengers and freights for carriage of goods; (xxviii) \tthe printing or otherwise denoting the price of tickets issued to \tpassengers; (xxix)\tthe expulsion from, or arrest on, an inland ship of any person committing \ta breach or contravention of any provision thereof; (xxx)\tterms and conditions of appointment of assessors; (xxxi)\tinspection and detention of an inland ship, production of certificates and \tother documents and making of complaint under section 81; and (xxxii) \tsuch other matters as are considered necessary or expedient for carrying \tout the purposes of this Ordinance. (3) Rules made under this Ordinance may provide that any person contravening or committing a breach of any provision thereof shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka five thousand, or with both. (4) For the purpose of arrest of any person under the rules made under this Ordinance, the procedure for arrest by private persons prescribed in section 59 of the Code of Criminal Procedure, 1898 (Act V of 1898) shall, so far as may be, apply.",
"name": "Power to make rules",
"related_acts": "75",
"section_id": 107
},
{
"act_id": 531,
"details": "83. (1) The Inland Mechanically Propelled Vessels Act, 1917 (Act I of 1917), hereinafter referred to as the said Act, is hereby repealed. (2) Without prejudice to section 24 of the General Clauses Act, 1897 (Act X of 1897), and unless the Government in any case otherwise directs,- (a)\tany rule, notification, order or exemption made, issued or granted under the said Act and in force immediately before the commencement of this Ordinance, shall be deemed to have been made, issued or granted under the corresponding provisions of this Ordinance; (b)\tany officer or authority appointed or empowered under the said Act shall be deemed to have been appointed or empowered under the corresponding provisions of this Ordinance; (c)\tany certificate, licence or other document issued, granted or made under the said Act and in force immediately before the commencement of this Ordinance shall be deemed to have been issued, granted or made under the corresponding provisions of this Ordinance.",
"name": "Repeal and savings",
"related_acts": "73",
"section_id": 108
}
],
"text": "An Ordinance to provide for the survey, registration and control of navigation of vessels plying on inland waters. WHEREAS it is expedient to provide for the survey, registration and control of navigation of vessels plying on inland waters consistently with the present day requirements and for that purpose to replace the existing law relating to such vessels; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975 and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 532,
"lower_text": [
"1 Section 5 was substituted by section 2 of the Bangladesh Shishu Academy (Amendment) Ordinance, 1985 (Ordinance No. XII of 1985)",
"2 Clause (ee) was inserted by section 2 of the Bangladesh Shishu Academy (Amendment) Act, 1994 (Act No. XXV of 1994)",
"3 Sub-section (1) was substituted by section 3 of the Bangladesh Shishu Academy (Amendment) Ordinance, 1985 (Ordinance No. XII of 1985)",
"4 The words and comma “Directors, Deputy Directors and Assistant Directors” were substituted for the words “Director and the Assistant Directors” by section 3 of the Bangladesh Shishu Academy (Amendment) Ordinance, 1985 (Ordinance No. XII of 1985)"
],
"name": "The Bangladesh Shishu Academy Ordinance, 1976",
"num_of_sections": 18,
"published_date": "22nd September, 1976",
"related_act": [
532
],
"repelled": true,
"sections": [
{
"act_id": 532,
"details": "1. This Ordinance may be called the Bangladesh Shishu Academy Ordinance, 1976.",
"name": "Short title",
"related_acts": "532",
"section_id": 1
},
{
"act_id": 532,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Academy” means the Bangladesh Shishu Academy established under this Ordinance; (b) \t“Board” means the Board of Management of the Academy; (c) \t“Chairman” means the Chairman of the Academy; (d) \t“Director” means the Director of the Academy; (e) \t“Member” means a member of the Board; (f) \t“prescribed” means prescribed by regulations made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 532,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government may, by notification in the official Gazette, establish an Academy to be called the Bangladesh Shishu Academy. (2) The Academy 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. (3) The headquarters of the Academy shall be at Dacca.",
"name": "Establishment and incorporation of the Academy",
"related_acts": "",
"section_id": 3
},
{
"act_id": 532,
"details": "4. (1) The general direction and administration of the affairs and business of the Academy shall vest in a Board of Management which may exercise all powers and do all acts and things which may be exercised or done by the Academy. (2) The Board, in discharging its functions, shall be guided by such directions as the Government may, from time to time, give.",
"name": "General direction",
"related_acts": "",
"section_id": 4
},
{
"act_id": 532,
"details": "15. The Board of Management of the Academy shall consist of the following members, namely:- (a)\tthe Chairman of the Academy who shall also be the Chairman of the Board; (b) \tthe Principal, Institute of Fine Arts, ex-officio;(c) \tone representative from the Ministry of Youth and Sports to be nominated by that Ministry; (d) \tone representative from the Finance Division to be nominated by that Division; (e) \tone representative from the Education Division to be nominated by that Division; 2(ee) one representative from the Ministry of Women and Children Affairs to be nominated by that Ministry; (f) \tone representative from the Council of Child Welfare to be nominated by that Council; (g) \tthe Director, Science Museum, ex-officio; (h) \tthe Director or, if there are more than one Director, the most senior Director of the Academy, ex-officio; (i) \tfour persons, of whom two shall be women, interested in the promotion of children's activities to be nominated by the Government.",
"name": "Board of Management",
"related_acts": "",
"section_id": 5
},
{
"act_id": 532,
"details": "6. (1) Subject to such limits as may be determined by the Government, the functions of the Academy shall be to make arrangements for production of children's literature, promotion of cultural, scientific and recreational activities for children and for paintings and dramas by children. (2) In particular and without prejudice to the generality of the foregoing provision, the Academy may- (a)\testablish, promote, organise or otherwise deal with any institution or organisation to further the object of the Ordinance; (b) \treceive moneys, securities and such other instruments and any other property, movable or immovable, for and on behalf of the Academy; (c) \tinvest the moneys and fund of the Academy and vary the investments as and when it may deem fit; (d) \tpurchase, sell, endorse, transfer, negotiate or otherwise deal in securities; (e) \tpledge, hypothecate, mortgage or otherwise charge the properties of the Academy with the prior approval of the Government ; (f) \tenter into contracts and agreements and execute necessary documents: Provided that no such contract or agreement shall be made and documents executed with a foreign Government, foreign agency or an international organisation without the prior approval of the Government; (g)\tconduct research and arrange publication of research papers and materials; (h)\tdo such other acts as are necessary for and conducive to further the object of this Ordinance.",
"name": "Functions of the Academy",
"related_acts": "",
"section_id": 6
},
{
"act_id": 532,
"details": "7. The Government shall appoint the Chairman of the Academy on such terms and conditions as the Government may determine.",
"name": "Appointment of the Chairman",
"related_acts": "",
"section_id": 7
},
{
"act_id": 532,
"details": "8. 3(1) The Government may appoint such number of Directors, Deputy Directors and Assistant Directors of the Academy as it considers necessary on such terms and conditions as it may determine. (2) The 4Directors, Deputy Directors and Assistant Directors shall be whole time officers of the Academy and shall exercise such powers and perform such functions as may be prescribed and, until so prescribed, as may be assigned to them by the Government or the Board.",
"name": "Appointment of the Director, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 532,
"details": "9. The Board may, with the prior approval of the Government, appoint such officers, specialists, and other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may determine.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 532,
"details": "10. (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 Chairman when he so thinks fit. (2) The meetings of the Board shall be conducted in accordance with such procedure as may be prescribed and, until such regulations are made, in such manner as the Chairman may direct. (3) To constitute a quorum at a meeting of the Board not less than three members shall be present. (4) All meetings of the Board shall be presided over by the Chairman or, in his absence, by a member elected for that purpose by the members present. (5) At a meeting of the Board, each member shall have one vote, and, in the event of an equality of votes, the Chairman shall have a second or casting vote. (6) 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": 10
},
{
"act_id": 532,
"details": "11. The Academy may have such Divisions as the Board may consider necessary to set up for efficient discharge of the functions of the Academy.",
"name": "Divisions of the Academy",
"related_acts": "",
"section_id": 11
},
{
"act_id": 532,
"details": "12. (1) There shall be a fund of the Academy to which shall be credited- (a)\tgrants and loans from the Government; (b) \tloans raised in Bangladesh; (c)\taids and grants received from foreign countries or organisations with the prior approval of the Government; (d)\tdonations and endowments; (e)\tincome from investments and properties; and (f)\tall other receipts of the Academy. (2) The fund shall be utilised by the Academy to meet charges in connection with the functions under this Ordinance and all payments of the Academy shall be made out of that fund. (3) All moneys of the Academy shall be deposited with any bank.",
"name": "Fund of the Academy",
"related_acts": "",
"section_id": 12
},
{
"act_id": 532,
"details": "13. The Academy may, with the previous approval of the Government, borrow money in Bangladesh.",
"name": "Powers to borrow",
"related_acts": "",
"section_id": 13
},
{
"act_id": 532,
"details": "14. The Academy shall maintain its accounts in such manner and form as the Government may direct.",
"name": "Accounts of Academy",
"related_acts": "",
"section_id": 14
},
{
"act_id": 532,
"details": "15. The Academy shall, by such date 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 year.",
"name": "Budget",
"related_acts": "",
"section_id": 15
},
{
"act_id": 532,
"details": "16. (1) The accounts of the Academy 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 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 Academy and may examine the Chairman, members, Director, Assistant Directors or any other officer or employee of the Academy. (3) The Auditor-General shall submit his audit report to the Government and shall forward a copy thereof to the Academy.",
"name": "Audit",
"related_acts": "",
"section_id": 16
},
{
"act_id": 532,
"details": "17. The Academy shall furnish to the Government such reports and statements as the Government may, from time to time, require.",
"name": "Reports, etc.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 532,
"details": "18. (1) The Academy may, with the previous approval of the Government, make regulations for carrying out the purposes of this Ordinance. (2) All regulations made under sub-section (1) shall be published in the official Gazette.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 18
}
],
"text": "An Ordinance to provide for the establishment of the Bangladesh Shishu Academy. WHEREAS it is expedient to provide for the establishment of the Bangladesh Shishu Academy for promotion of cultural, scientific and recreational activities for children, and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975 and the 8th November, 1975 and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 533,
"lower_text": [
"1 Sub-section (1) was substituted by section 3 of the Development Boards Laws Amendment Ordinance, 1982 (Ordinance No. XLV of 1982)",
"2 The comma and words “, Bandarban and Khagrachari” were substituted for the words “and Bandarban” by section 2 of the Chittagong Hill Tracts Development Board (Amendment) Ordinance, 1984 (Ordinance No. IX of 1984)",
"3 The word “four” was substituted for the word “three” by section 2 of the Chittagong Hill Tracts Development Board (Amendment) Ordinance, 1983 (Ordinance No. XLIV of 1983)",
"4 The words “districts of Chittagong Hill Tracts and Bandarban” were substituted for the words “Chittagong Hill Tracts ” by section 3 of the Development Boards Laws Amendment Ordinance, 1982 (Ordinance No. XLV of 1982)",
"5 The comma and words “, Bandarban and Khagrachari” were substituted for the words “and Bandarban” by section 3 of the Chittagong Hill Tracts Development Board (Amendment) Ordinance, 1984 (Ordinance No. IX of 1984)",
"6 The words “of the districts of Chittagong Hill Tracts and Bandarban” were inserted by section 3 of the Development Boards Laws Amendment Ordinance, 1982 (Ordinance No. XLV of 1982)",
"7 The comma and words “, Bandarban and Khagrachari” were substituted for the words “and Bandarban” by section 3 of the Chittagong Hill Tracts Development Board (Amendment) Ordinance, 1984 (Ordinance No. IX of 1984)",
"8 Clause (b) was substituted by section 3 of the Development Boards Laws Amendment Ordinance, 1982 (Ordinance No. XLV of 1982)",
"9 Clause (f) was omitted by section 3 of the Development Boards Laws Amendment Ordinance, 1982 (Ordinance No. XLV of 1982)"
],
"name": "The Chittagong Hill Tracts Development Board Ordinance, 1976",
"num_of_sections": 23,
"published_date": "21st October, 1976",
"related_act": [
533
],
"repelled": true,
"sections": [
{
"act_id": 533,
"details": "1. This Ordinance may be called the Chittagong Hill Tracts Development Board Ordinance, 1976.",
"name": "Short title",
"related_acts": "533",
"section_id": 1
},
{
"act_id": 533,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Chittagong Hill Tracts Development Board established under section 3; (b)\t“Chairman” means the Chairman of the Board; (c) \t“member” means a member of the Board; (d) \t“prescribed” means prescribed by rules made under this Ordinance; (e) \t“Vice-Chairman” means the Vice-Chairman of the Board.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 533,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish a Board to be called the Chittagong Hill Tracts Development Board for carrying out the purposes of this Ordinance. (2) The Board shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance and the rules made thereunder, 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 Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 533,
"details": "4. 1(1) The Board shall consist of the following members, namely:- (a)\ta Chairman and a Vice-Chairman to be appointed by the Government; (b) \tthe Deputy Commissioners of the districts of Chittagong Hill Tracts 2, Bandarban and Khagrachari, ex-officio; (c) 3four full-time members to be appointed by the Government. (2) One of the full-time members, to be specified by the Government, shall act as the Secretary of the Board. (3) Full-time members shall hold office on such terms and conditions as the Government may determine. (4) The Chairman shall be the Chief executive of the Board. (5) The Chairman and other members shall perform such functions as the Board may assign to them from time to time or as may be prescribed. (6) No act or proceedings of the Board shall be invalid merely on the ground of the existence of a vacancy in, or any defect in the constitution of, the Board.",
"name": "Composition of the Board",
"related_acts": "",
"section_id": 4
},
{
"act_id": 533,
"details": "5. (1) The head office of the Board shall be located at Rangamati. (2) The Board may, with the prior approval of the Government, establish offices at any other place in the Chittagong Hill Tracts.",
"name": "Head office, etc.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 533,
"details": "6. (1) Save as hereinafter provided, the Board shall regulate the procedure for its meetings. (2) Meetings of the Board shall be held on such date and 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 two months. (3) To constitute a quorum at a meeting of the Board, not less than three members shall be present. (4) All questions at a meeting of the Board 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. (5) All meetings of the Board shall be presided over by the Chairman or, in his absence, by the Vice-Chairman.",
"name": "Meeting of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 533,
"details": "7. (1) There shall be a Consultative Committee consisting of the following members, namely:- (a)\tthe Chairman of the Board who shall also be its Chairman; (b) \tthe three Rajas or their nominees; (c) \tone representative of the Headmen from each subdivision in the 4districts of Chittagong Hill Tracts 5, Bandarban and Khagrachari, to be nominated by the Chairman; (d) \tone Chairman of the Union Parishad from each subdivision 6of the districts of Chittagong Hill Tracts 7, Bandarban and Khagrachari, to be nominated by the Chairman of the Board; (e) \tsuch other members, official or non-official, as may be nominated by the Chairman with the approval of the Government. (2) The nominated members of the Consultative Committee shall hold office for such period, and the members thereof shall be paid such travel costs for attending meetings, as may be determined by the Board. (3) The Board shall regulate the procedure for the meetings of the Consultative Committee. (4) The Consultative Committee shall advise the Board in the formulation and execution of its projects and schemes.",
"name": "Consultative Committee",
"related_acts": "",
"section_id": 7
},
{
"act_id": 533,
"details": "8. The functions of the Board shall be- (a)\tto prepare projects and schemes for the development of Chittagong Hill Tracts; 8(b) \tto approve of projects and schemes involving not more than twenty-five lakh Taka each for the thana headquarters, unions and villages; (c) \tto execute approved projects and schemes; (d) \tto supervise execution of approved projects and schemes; (e) \tto advance funds, on such terms and conditions as it may determine, for the execution of development schemes sponsored by various development agencies; 9* * * (g) \tto do such other acts and things as may be necessary or convenient to be done in connection with, or incidental or conducive to, the performance of the aforesaid functions.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 533,
"details": "9. Notwithstanding anything contained in any other law for the time being in force or in section 8, the Board may require any local authority or Government agency within whose jurisdiction any area covered by any project or scheme approved under section 8 lies to execute the project or scheme, or any portion thereof, in consultation with the Board, and the expenditure incurred on the execution of any such project or scheme or portion thereof shall be borne as may be agreed to between the Board and the local authority or Government agency or, in the event of disagreement, as may be determined by the Government.",
"name": "Execution of projects and schemes through other agencies",
"related_acts": "",
"section_id": 9
},
{
"act_id": 533,
"details": "10. The Board may appoint such officers and other employees as it considers necessary for the performance of its functions on such terms and conditions as it may deem fit: Provided that no post shall be created by the Board without the prior approval of the Government.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 533,
"details": "11. (1) There shall be formed a Fund to be known as the Chittagong Hill Tracts Development Board Fund which shall vest in the Board and shall be utilised by the Board to meet charges in connection with its functions under this Ordinance, including the payment of salaries and other remuneration to the officers and other employees of the Board. (2) The Chittagong Hill Tracts Development Board Fund shall comprise- (a)\ta non-lapsable revolving fund, not exceeding Taka two crore, to be granted by the Government; (b)\tloans raised by the Board with the sanction of the Government; (c) \treceipts from any other source.",
"name": "Board Fund",
"related_acts": "",
"section_id": 11
},
{
"act_id": 533,
"details": "12. The Board 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 and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 12
},
{
"act_id": 533,
"details": "13. (1) The Board shall maintain its accounts in such manner and form as may be prescribed. (2) The accounts of the Board 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. (3) For the purpose of an audit under sub-section (2), 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 Board and may examine the Chairman or any member, officer or employee of the Board. (4) The Auditor-General shall, as soon as possible after completion of the audit, send to the Board his audit report and the Board shall forward it, with its comments thereon, to the Government. (5) The Board shall take steps forthwith to remedy any defects or irregularities pointed out in the audit report.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 13
},
{
"act_id": 533,
"details": "14. (1) The Board shall submit to the Government, as soon as possible after the end of every financial year, a report on the conduct of its affairs for that year. (2) The Board shall submit to the Government at such time and at such interval as the Government may specify- (a)\tsuch returns, accounts, statements, estimates and statistics as may be required by the Government; (b) \tinformation and comments asked for by the Government on any specific subject; (c) \tcopies of documents required by the Government for examination or any other purpose.",
"name": "Submission of reports, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 533,
"details": "15. The Chairman or any member, or any other person authorised by the Chairman in this behalf, may, with or without assistants or workmen, enter into or upon any land in order- (a)\tto make any inspection, survey, experiment, valuation or inquiry; (b) \tto take level of such land; (c) \tto dig or bore into the sub-soil; (d) \tto set out boundaries and intended lines of work;\t\t(e) \tto mark such levels, boundaries and lines by placing marks and cutting trenches; or (f) \tto do any other thing; whenever it is necessary to do so for any of the purposes of this Ordinance: Provided that no such entry shall be made without giving the occupier of the land at least twenty-four hours' notice of the intention to make such entry.",
"name": "Power of entry",
"related_acts": "",
"section_id": 15
},
{
"act_id": 533,
"details": "16. Any land required by the Board for carrying out its functions under this Ordinance shall be deemed to be needed for a public purpose and such land may be requisitioned or acquired for the Board by the Government or the Deputy Commissioner, as the case may be, in accordance with any law for the time being in force.",
"name": "Compulsory acquisition of land for the Board",
"related_acts": "",
"section_id": 16
},
{
"act_id": 533,
"details": "17. The Board may, by general or special order, delegate to the Chairman or any member or officer any of its functions subject to such conditions as it may think fit to impose.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 17
},
{
"act_id": 533,
"details": "18. The Government may, from time to time, issue directions to the Board to take such measures as it considers necessary for carrying out the purposes of this Ordinance; and the Board shall comply with all such directions.",
"name": "Power to issue directions",
"related_acts": "",
"section_id": 18
},
{
"act_id": 533,
"details": "19. No suit, prosecution or other legal proceeding shall lie against the Board, the Chairman or any member, officer or employee of the Board for anything done or intended to be done in good faith under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 19
},
{
"act_id": 533,
"details": "20. No provision of law relating to the winding up of bodies corporate shall apply to the Board, and the Board 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": 20
},
{
"act_id": 533,
"details": "21. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 21
},
{
"act_id": 533,
"details": "22. The Board may, with the approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters not required to be provided for by rules and for which provision is necessary or expedient for carrying out the purposes of this Ordinance.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 22
},
{
"act_id": 533,
"details": "23. (1) Upon the establishment of the Board, the Chittagong Hill Tracts Development Board constituted by the Cabinet Division notification No. 21/2/76-Rules, dated the 14th January, 1976, hereinafter referred to as the existing Board, shall stand dissolved and the said notification shall stand rescinded. (2) Upon the dissolution of the existing Board,- (a)\tall assets, rights, powers, authorities and privileges, and all property, movable or immovable, cash and bank balances, funds, investments and all other interests and rights in, or arising out of, such property of the existing Board subsisting immediately before its dissolution shall stand transferred to and vest in the Board; (b) \tall debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the existing Board before its dissolution shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Board; (c) \tall budget estimates, schemes or projects made by the existing Board shall be deemed to have been made by the Board under the provisions of this Ordinance and shall continue in force until they are altered, amended or superseded under the said provisions; (d) \tall officers and other employees of the existing Board shall stand transferred to and become officers and employees of the Board and shall hold office or service in the Board on the same terms and conditions as were enjoyed by them immediately before such dissolution and shall continue to do so until the terms and conditions are duly altered under this Ordinance; (e) \tall suits, prosecutions and other legal proceedings instituted by or against the existing Board before its dissolution shall be deemed to be suits, prosecutions and proceedings by or against the Board and shall be proceeded or otherwise dealt with accordingly.",
"name": "Dissolution of the existing Chittagong Hill Tracts Development Board",
"related_acts": "",
"section_id": 23
}
],
"text": "An Ordinance to provide for the establishment of a Development Board for the Chittagong Hill Tracts. WHEREAS it is expedient to provide for the establishment of a Development Board for the Chittagong Hill Tracts and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975 and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 534,
"lower_text": [],
"name": "The Rajshahi Town Development Authority Ordinance, 1976",
"num_of_sections": 60,
"published_date": "22nd October, 1976",
"related_act": [
534
],
"repelled": true,
"sections": [
{
"act_id": 534,
"details": "1. (1) This Ordinance may be called the Rajshahi Town Development Authority Ordinance, 1976. (2) It extends to the areas comprised within the limits of the Rajshahi Municipality and to such other areas in the vicinity of the said municipality as the Government may, by notification in the official Gazette, specify. (3) It shall come into force in such areas and on such dates as the Government may, by notification in the official Gazette, specify.",
"name": "Short title, extent and commencement",
"related_acts": "534",
"section_id": 1
},
{
"act_id": 534,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Authorised Officer” means an officer appointed by the Authority, by notification in the official Gazette, to exercise and perform the powers and functions of an authorised officer under this Ordinance; (b)\t“Authority” means the Rajshahi Town Development Authority established under section 3; (c)\t“Chairman” means the Chairman of the Authority;\t\t(d)\t“Commissioner” means the Commissioner of the Rajshahi Division; (e)\t“member” means a member of the Authority and includes the Chairman; (f)\t“municipal area” means the area of the Rajshahi Municipality; (g)\t“municipality” means the Rajshahi Municipality; (h)\t“Paurashava” means the Rajshahi Paurashava constituted under the Bangladesh Local Government (Union Parishad and Paurashava) Order, 1973 (P.O. No. 22 of 1973); and (i)\t“prescribed” means prescribed by rules made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 534,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish an Authority to be called the Rajshahi Town Development Authority for carrying out the purposes of this Ordinance. (2) The Authority shall be a body corporate, having perpetual succession and a common seal, with power, subject to rules made under this Ordinance, to hold, acquire and dispose of properties, both movable and immovable, and shall by the same name sue and be sued.",
"name": "Establishment of the Authority",
"related_acts": "",
"section_id": 3
},
{
"act_id": 534,
"details": "4. (1) The Authority shall consist of the following members, namely:- (a)\ta Chairman to be appointed by the Government; (b) \tthe Chairman of the Rajshahi Paurashava, ex-officio; (c) \tthe Deputy Commissioner, Rajshahi, ex-officio; (d) \tone representative of the Public Works Department, not below the rank of Superintending Engineer, to be nominated by the Ministry of Public Works and Urban Development; (e) \tone representative of the Roads and Highways Department, not below the rank of Superintending Engineer, to be nominated by the Ministry of Communications (Railway, Roads , Highway and Road Transport Division); (f) \tone representative of the Telegraph and Telephone Department, not below the rank of Superintending Engineer, to be nominated by the Ministry of Communications (Posts, Telegraph and Telephone Division); (g) \tone representative of the Public Health Engineering, not below the rank of Superintending Engineer, to be nominated by the Ministry of Land Administration, Local Government, Rural Development and Co-operatives (Local Government, Rural Development and Co-operative Division); (h) \tone representative of the Ministry of Health, Population Control and Labour, to be nominated by that Ministry; and (i) \tthree persons, to be appointed by the Government. (2) The members appointed under clause (i) of sub-section (1), hereinafter referred to as the non-official members, shall hold office for a period of three years at a time, unless their appointment is terminated earlier by the Government. (3) The Chairman who shall be the executive head of the Authority may be either a whole-time or a part-time officer and shall hold the office for such period and shall be entitled to such remuneration and other benefits as the Government may determine. (4) The non-official members shall be entitled to receive such fee or allowance for attending the meetings of the Authority as may be prescribed. (5) The Chairman or any member, other than an ex-officio member, may at any time, resign his office by notice in writing addressed to the Government: Provided that his resignation shall not take effect unless accepted by the Government. (6) The Government may, at any time by order in writing, terminate the appointment of the Chairman or any member, other than an ex-officio member, without assigning any reason.",
"name": "Composition of the Authority",
"related_acts": "",
"section_id": 4
},
{
"act_id": 534,
"details": "5. No person shall be, or shall continue to be, a member who- (a)\tis, or at any time has been, convicted of an offence involving moral turpitude; or (b) \tis, or at any time has been, adjudicated insolvent;\t(c) \tis a minor; or (d) \thas directly or indirectly, any share or interest in any contract or employment with, by, or on behalf of, the Authority; or (e) \tin the case of a non-official member, does not reside permanently in the area to which this Ordinance extends and does not pay any tax or rate to the Paurashava.",
"name": "Disqualifications of members",
"related_acts": "",
"section_id": 5
},
{
"act_id": 534,
"details": "6. (1) The meetings of the Authority shall be held at such times and places as may be prescribed: Provided that until rules are made in this behalf, such meetings shall be held at such times and places as may be determined by the Chairman. (2) All meetings of the Authority shall be presided over by the Chairman and, in his absence, by a member elected for that purpose by the members present. (3) To constitute a quorum at a meeting of the Authority, a non-official member and four other members, including the Chairman, shall be present. (4) All questions at a meeting of the Authority, shall be decided by a majority of the members present and voting, and in case of equality of votes, the Chairman or the person presiding over the meeting shall have a second or casting vote. (5) No act or proceeding of the Authority shall be invalid merely on the ground of existence of a vacancy in, or any defect in the constitution of, the Authority.",
"name": "Meetings of the Authority",
"related_acts": "",
"section_id": 6
},
{
"act_id": 534,
"details": "7. The Authority may constitute from amongst its members as many committees and for such purposes as it may deem fit.",
"name": "Constitution of committees",
"related_acts": "",
"section_id": 7
},
{
"act_id": 534,
"details": "8. (1) The Authority or any committee thereof may associate with itself any person whose assistance or advice it may desire in carrying out any of its functions. (2) Any person associated with the Authority or any committee thereof under sub-section (1) for any purpose shall have a right to take part in the discussions in a meeting of the Authority or of the committee, but shall have no right of vote.",
"name": "Association with the authority or committees of persons who are not members",
"related_acts": "",
"section_id": 8
},
{
"act_id": 534,
"details": "9. (1) The Authority shall, as soon as may be after the commencement of this Ordinance, collect maps and other relevant records, undertake physical survey and do such other things as it may deem necessary for the purpose of preparation of records of- (a)\texisting drainage system, indicating its efficiency and deficiency; (b) \tmaps of all drains owned and maintained by Government or any local authority; (c) \tmaps of drains over private land forming part and parcel of the drainage system in the area to which this Ordinance extends; (d)\texisting water supply and distribution system, location and capacity of different water works including deep tube-wells, overhead tanks, main water-supply pipe lines and the areas served by different water works indicating the efficiency and deficiencies of such water works; (e) \teducational institutions, particularly primary and secondary schools, indicating their location, standard, number of pupils and the population of the area served by each such institution; (f) \texisting public open spaces, play grounds for teenagers and other places of recreation, indicating their location, site, and the area and population served by each such open space, play ground or place of recreation; (g) \texisting road system, traffic load and nature of traffic on different roads indicating the efficiency and deficiencies of the system; and (h) \tproperties including vacant lands owned by Government, local authorities, and corporations, indicating their present use. (2) The records of existing services, facilities, public utilities and important public properties shall be preserved in printed maps, charts, graphs, and in such other written documents as the Authority may deem appropriate and printed copies of such records shall be made available to the public on payment of such fees as the Authority may determine.",
"name": "Preparation of records of existing services, facilities, public utilities and of important public properties",
"related_acts": "",
"section_id": 9
},
{
"act_id": 534,
"details": "10. (1) The Authority shall prepare in the prescribed manner a general development plan for the area within its territorial limits and submit the same to the Government for approval; and the Government may approve the plan with or without modifications. (2) The general development plan shall broadly indicate,- (a)\tfuture road system; (b) \tfuture drainage system; (c) \tfuture water supply system; (d) \tfuture distribution of educational institutions, health service facilities, public open spaces and places of recreation; (e)\tlocation of future industrial establishments and commercial centres; (f) \tlands likely to be required for development projects the execution of which may commence within five years from the date of submission of the general development plan to the Government; and (g) \tsuch other matters as the Authority may deem fit to indicate in it. (3) The general development plan shall include such maps, charts, graphs and other descriptive matters and reports as the Authority may consider necessary to fully explain the proposals contained in the plan with their implications, justifications and benefits. (4) The general development plan shall lay down such basic planning policy as the Authority may deem appropriate for overall long term development of the areas to which this Ordinance extends but the plan need not precisely indicate the land to be required or acquired for any purpose, alignment for any road, drain or water supply line, the boundaries of any public open space or the sites for educational institutions, heath service facilities and other amenities and public utility services. (5) All future development schemes for any area within the limits of the Authority formulated by the Authority or other agencies shall be in conformity with the general development plan.",
"name": "Preparation of general development plan",
"related_acts": "",
"section_id": 10
},
{
"act_id": 534,
"details": "11. (1) The Authority shall, pursuant to the general development plan, prepare in the prescribed manner functional master plans relating to- (a)\tland use zoning and land reservation; (b) \twater supply, sewerage and drainage; (c) \troads, highways and traffic circulation; and (d) \tcommunity planning, housing, slum clearance and slum improvement. (2) The Authority may, pursuant to the general development plan, call upon any local Authority or Government organisation or institution dealing with electric supply, railways and tele-communications in an area to which this Ordinance extends to prepare functional master plans in respect of electric supply, railways and tele-communication and thereupon the local Authority or Government organisation or institution shall prepare in the prescribed manner functional master plans in respect thereof. (3) The Authority, any local authority or any Government organisation or institution may be required to prepare functional master plans for the purpose of this Ordinance on such matters as the Government may, by notification in the official Gazette, specify. (4) All functional master plans prepared under sub-section (1) or sub-section (2) shall be submitted by the Authority to the Government for approval and the Government may approve such plans with or without modifications.",
"name": "Preparation of functional master plans",
"related_acts": "",
"section_id": 11
},
{
"act_id": 534,
"details": "12. (1) No person shall, except with previous permission of the Authority, use any land for any purpose other than that laid down in any functional master plan approved by the Government. (2) All future developments and constructions, both public and private, within the area to which this Ordinance extends shall be in conformity with the functional master plans approved by the Government. (3) No compensation shall be payable to any person owing to the restricted use to which this land may be put under this section.",
"name": "No use of land contrary to functional master plans",
"related_acts": "",
"section_id": 12
},
{
"act_id": 534,
"details": "13. (1) The Authority shall prepare in the prescribed manner and submit to the Government for approval specific development schemes for an area to which this Ordinance extends or any part thereof on the basis of the functional master plans, and all such development schemes shall contain plans for the proposed developments, including those for housing, if any, written reports, specifications of works, estimates of cost and proposed methods of financing. (2) A development scheme prepared and submitted under sub-section (1) may provide for all or any of the following matters, namely:- (a) \tthe acquisition of any land in the area comprised in the scheme, which may, in the opinion of the Authority, be required for, or be affected by, the execution of the scheme; (b) \tthe laying out or re-laying out of the land in the said area; (c) \tsuch demolition, alteration or reconstruction of buildings situated on the land which it is proposed to acquire in the said area as the Authority may consider necessary; (d) \tthe construction of any building which the Authority may consider it necessary to erect for any purpose, consistent with the provisions of this Ordinance, other than sale; (e) \tlaying out or alteration of streets, drains, sewers, water supply pipe lines, bridges, cause ways and culverts; (f) \tthe levelling, paving, metalling, flagging, channelling, swearing, and draining of the said streets and provision therein of water, lighting, and other sanitary conveniences ordinarily provided in a municipality; (g) \tthe raising, lowering, or levelling of any land in the area comprised in the scheme; (h) \tthe formation, retention, enlargement and improvement of open spaces; (i) \tthe augmentation of the present water supply or any other scheme for the improvement of water supply; (j) \tthe making of a drainage and sewerage scheme including outfall works ; (k) \tthe acquisition and reservation of sites for construction of educational institutions, health centres, hospitals, power houses and electric sub-stations, bus, taxi and rickshaw stands and bazaars; and (l)\tany other matter consistent with this Ordinance which the Authority may consider necessary. (3) The Government may approve a development scheme submitted to it under sub-section (1) with or without modifications.",
"name": "Preparation of development schemes",
"related_acts": "",
"section_id": 13
},
{
"act_id": 534,
"details": "14. Notwithstanding the provisions of sections 10 and 11, the Authority may, with the prior approval of the Government, formulate and execute development schemes of urgent public importance even before the preparation of the general development plan or preparation of functional master plans.",
"name": "Formulation and execution of development schemes of urgent public importance",
"related_acts": "",
"section_id": 14
},
{
"act_id": 534,
"details": "15. When the Government approves the general development plan or a functional master plan it shall announce the fact by notification in the official Gazette and such notification shall be conclusive evidence that the plan has been duly made and approved by the Government.",
"name": "Publication of general development plan and functional master plans",
"related_acts": "",
"section_id": 15
},
{
"act_id": 534,
"details": "16. A general development plan, a functional master plan or a development scheme prepared and approved under this Ordinance may be modified by the Authority at any time with the previous approval of the Government, and any such modification shall be published in the official Gazette.",
"name": "Amendment of plan and scheme",
"related_acts": "",
"section_id": 16
},
{
"act_id": 534,
"details": "17. No plan or development scheme shall be prepared or executed by any person, local authority or Government organisation or institution for the area to which this Ordinance extends or any part thereof except with the concurrence of the Authority.",
"name": "Restriction on preparation and execution of certain schemes",
"related_acts": "",
"section_id": 17
},
{
"act_id": 534,
"details": "18. (1) When the Government approves a development scheme it shall announce the fact by notification in the official Gazette, and the Authority shall forthwith proceed to execute the scheme. (2) Notwithstanding anything contained in sub-section (1), the Authority may require a local authority or Government organisation or institution within whose territorial jurisdiction any particular area covered by a development scheme lies to execute the scheme or any portion thereof, in consultation with the Authority; and the expenditure incurred on the execution of any such scheme or portion thereof shall be borne as may be agreed to between the Authority and the local authority or Government organisation or institution, or in the event of disagreement, as may be determined by the Government .",
"name": "Execution of development schemes",
"related_acts": "",
"section_id": 18
},
{
"act_id": 534,
"details": "19. (1) whenever any building, or any street, or any land or square or any part thereof, which is vested in a local Government body is situated within the area covered by any development scheme and is required for the purpose of such scheme, the Authority shall give notice accordingly to the Chief Executive Officer of such local Government body and such building, street, square, land or part thereof shall thereupon vest in the Authority. (2) Where any street or square or any part thereof, vests in the Authority under sub-section (1), no compensation shall be payable by the Authority to the local Government body concerned in respect of such street, square or part thereof. (3) Where any land or building, not being a street or square, vests in the Authority under sub-section (1), no compensation shall be payable by the Authority to the local Government body\tconcerned in respect of such building or land, if such building or land is required for a purpose similar to the purpose for which it was acquired, held or used by the local Government body. (4) If any question or dispute arises in respect of any matter under this section, the matter shall be referred to the Government whose decision shall be final.",
"name": "Transfer to Authority of buildings or land vested in a local Government body",
"related_acts": "",
"section_id": 19
},
{
"act_id": 534,
"details": "20. (1) Whenever any street or square or part thereof which is not vested in any local authority is required for executing any development scheme, the Authority shall cause to be affixed in a conspicuous place in or near such street, square or part thereof, a notice signed by the Chief Executive Officer stating the purpose for which the street, square or part thereof is required, and declaring that the Authority will, on or after a date to be specified in the notice, take over charge of such street, square or part thereof from the owner thereof; and shall simultaneously send a copy of such notice to the owner of such street, square or part thereof. (2) After considering and deciding objections, if any, received in writing before the date specified in the notice under sub-section (1), the Authority may take over charge of such street, square or part thereof from the owner thereof; and the same shall thereupon vest in the Authority. (3) When the Authority closes or alters any street or square or part thereof which has vested in it under sub-section (2), it shall pay to the previous owner compensation at such rate and in such manner as may be prescribed for the loss of his rights therein. (4) If the closing or alteration of any such street or square or part thereof causes damage or substantial inconvenience to owners of property adjacent thereto, or to residents in the neighbourhood, the Authority shall forthwith provide some other reasonable means of access for the use of persons who were entitled to use such street, square, or part thereof as a means of access to any property or place; and if the provision of such means of access does not sufficiently compensate any such owner or resident for such damage or inconvenience, shall also pay him reasonable compensation in money.",
"name": "Transfer to Authority of private street or square",
"related_acts": "",
"section_id": 20
},
{
"act_id": 534,
"details": "21. (1) Notwithstanding anything contained in any other law for the time being in force, the Government may, upon such terms and conditions as it may specify, transfer to the Authority any scheme sanctioned or undertaken by the Government or by any Government Organisation or institution in respect of any area to which this Ordinance extends and may also place at the disposal of the Authority any property, movable or immovable, connected with or ancillary or appurtenant to such scheme and any scheme so transferred shall be deemed to be a development scheme prepared and approved under this Ordinance. (2) It shall be lawful for the Authority to execute and maintain all works and carry out all unfinished works and operations required for the execution of any scheme transferred to it under sub-section (1). (3) Notwithstanding anything contained in any other law for the time being in force, the Government may, upon such terms and conditions as it may specify, place at the disposal of the Authority any property or fund held by the Government, or by any Government organisation or institution or local authority, or permit the Authority to collect and retain duties which, immediately before the establishment of the Authority, were leviable by the Government, Government organisation or institution or local authority , and thereupon the Authority shall hold such property or fund and collect such duties in accordance with such terms and conditions. (4) Notwithstanding anything contained in any other law for the time being in force, a local authority may, upon such terms and conditions as it may specify:- (a)\ttransfer to the Authority any scheme, sanctioned or undertaken by such local authority, in respect of any area to which this Ordinance extends and place at the disposal of the Authority any property, movable or immovable, connected with or ancillary or appurtenant to such scheme and any scheme so transferred shall be deemed to be a development scheme prepared and approved under this Ordinance; and (b)\tplace at the disposal of the Authority any property or fund held by the local authority. (5) Notwithstanding anything contained in any other law for the time being in force or in any contract or terms and conditions of service, any person serving under the Government or any Government organisation or institution or any local authority in connection with any scheme transferred to the Authority under sub-section (1) or sub-section (4) shall serve under the Authority, if required by the Government to do so on such terms and conditions, not otherwise inconsistent with the service rules applicable to such person, as the Government or the Government organisation or institution or the local authority, as the case may be, may in consultation with the Authority, determine; and the person so serving under the Authority shall, except in the matter of dismissal, removal or reduction in rank, be subject to the power and control of the Authority in the same manner and to the same extent as any officer or employee appointed by the Authority.",
"name": "Transfer to Authority of any scheme or property of Government or local authority",
"related_acts": "",
"section_id": 21
},
{
"act_id": 534,
"details": "22. (1) Subject to the other provisions of this Ordinance and the rules made thereunder, the Authority may adopt such measures and exercise such powers as may be necessary for carrying out the purposes of this Ordinance. (2) Without prejudice to the generality of the foregoing power, the Authority may- (a)\tenter into and perform all such contracts as it may consider necessary; (b) \tcause studies, surveys, experiments and technical researches to be made or contribute towards the cost of any such studies, surveys, experiments or technical researches made by any other person or agency at the request of the Authority; (c)\tissue interim development orders for areas for which a development scheme is under preparation and restrict or prohibit, by general or special order, any use or change in the use of land and any alteration in buildings, structures and installations: Provided that no order of restriction or prohibition under this clause shall be made for such period, not exceeding twelve months, as may be specified in the order; (d)\tseek and obtain advice and assistance for the preparation of any plan or development scheme or for the execution of any scheme from any local authority or Government organisation or institution, and the expenditure, if any, involved in giving such advice or assistance shall be borne by the Authority; (e) \tco-ordinate the execution of development schemes; and (f) \tfinance and supervise the execution of any development scheme.",
"name": "General powers of the Authority",
"related_acts": "",
"section_id": 22
},
{
"act_id": 534,
"details": "23. (1) Notwithstanding anything contained in any other law for the time being in force or in any agreement, no person shall, without the previous sanction of the Authority, construct any building or excavate any tank within the area to which this Ordinance extends. (2) The Authorised Officer may, on an application made for the purpose in such manner and in such form and accompanied by such fee as may be prescribed, sanction the construction of a building or excavation of a tank subject to such conditions as the Authority may deem fit. (3) If in the opinion of the Authorised Officer any of the conditions subject to which the sanction under sub-section (2) was granted has been contravened, he may cancel the sanction. (4) The provisions of sub-section (1) shall not apply to a case of normal repairs to an existing building.",
"name": "Restriction on constructions and excavation",
"related_acts": "",
"section_id": 23
},
{
"act_id": 534,
"details": "24. (1) The Authorised Officer may, by a notice served in the prescribed manner, direct the owner of a building or tank the construction or excavation of which is in progress on the date of commencement of this Ordinance, not to proceed with the work any more and to remove such construction or fill up such excavation within the period mentioned in the notice or within such further period as may be extended by the Authorised Officer, and the owner thereof shall, on payment to him of such compensation as the Authority may think fair and reasonable, remove the same within the period aforesaid. (2) The provisions of sub-section (1) shall not apply to normal repairs to existing buildings.",
"name": "Removal of buildings under construction",
"related_acts": "",
"section_id": 24
},
{
"act_id": 534,
"details": "25. (1) The Authorised Officer shall, simultaneously with the issue of a notice on the owner of a building under section 24, issue a notice upon the occupier thereof, if the occupier himself is not the owner, to vacate such building within the period mentioned therein or within such further period as may be extended by the Authorised Officer. (2) If the occupier does not, in pursuance of a notice under sub-section (1), vacate the building within the aforesaid period, he shall, notwithstanding anything contained in any other law for the time being in force, be liable to be summarily evicted therefrom by the Authorised Officer; and the Authorised Officer may, in effecting such eviction use or cause to be used such force as may be deemed necessary.",
"name": "Eviction of occupier of buildings",
"related_acts": "",
"section_id": 25
},
{
"act_id": 534,
"details": "26. (1) Nothing contained in sections 23 and 24 shall apply to any building or tank owned by the Government. (2) The Government may, on application made to it, exempt any building or tank from the operation of section 23 or section 24, subject to such conditions as it may think fit to impose.",
"name": "Exemption of certain buildings and tanks",
"related_acts": "",
"section_id": 26
},
{
"act_id": 534,
"details": "27. Notwithstanding anything contained in any other law for the time being in force, no owner of any land or building shall be entitled to any compensation on acquisition of such land or building under any law for the time being in force, if he had contravened the provisions of section 23, section 24, section 25 or section 29, as the case may be.",
"name": "Compensation not payable for unauthorised construction",
"related_acts": "",
"section_id": 27
},
{
"act_id": 534,
"details": "28. (1) Notwithstanding anything contained in the Municipal Administration Ordinance, 1960 (Ord. X of 1960), or in any other law for the time being in force, no sanction for construction of any building or excavation of any tank within the area to which this Ordinance extends shall be accorded by the Paurashava or by any other local authority, unless such construction or excavation has been sanctioned by the Authorised Officer under sub-section (2) of section 22. (2) Whenever the Authorised Officer sanctions any construction or excavation, a copy of such sanction together with plans duly signed by him shall be sent to the Chairman of the Paurashava or of the local authority in whose area the site of the proposed construction or excavation is situated. (3) Any sanction accorded in contravention of sub-section (1) shall be deemed to have been accorded without lawful authority and construction or excavation, if any, made or done on the strength of such sanction shall be deemed to be unauthorised. (4) In the event of cancellation of a sanction under sub-section (3) of section 22, the validity of any sanction accorded by the Paurashava or by any local authority under sub-section (2) shall be deemed to have expired.",
"name": "Paurashava not to sanction construction without approval of the Authority",
"related_acts": "",
"section_id": 28
},
{
"act_id": 534,
"details": "29. (1) Notwithstanding anything contained in any other law for the time being in force or in any agreement, no person shall, without the previous permission of the Authority, fill up any low land or raise any land or otherwise obstruct the natural drainage within the area to which this Ordinance extends; and such permission shall be subject to such conditions as the Authority may think fit to impose. (2) An application for permission under sub-section (1) shall be made in such manner and in such form and shall be accompanied by such fee as may be prescribed. (3) The permission granted under sub-section (1) shall be liable to cancellation by the Authority for breach of any of the conditions under which such sanction was granted.",
"name": "Restriction on filling up of low land",
"related_acts": "",
"section_id": 29
},
{
"act_id": 534,
"details": "30. Every order under sections 23, 24, 25 or 29, as the case may be, shall, subject to the provisions of section 31, be final and shall not be questioned in any Court.",
"name": "Bar to jurisdiction of civil Court",
"related_acts": "",
"section_id": 30
},
{
"act_id": 534,
"details": "31. An appeal against an order under section 23, 24, 25 or 29, as the case may be, shall lie to the Commissioner if preferred within thirty days from the date of the order appealed against, and an appeal against an order of the Commissioner shall lie to the Government whose decision shall be final and shall not be questioned in any civil Court.",
"name": "Appeal",
"related_acts": "",
"section_id": 31
},
{
"act_id": 534,
"details": "32. (1) There shall be a Chief Executive Officer of the Authority who shall be appointed by the Government on such terms and conditions as may be prescribed. (2) The Chief Executive Officer shall be responsible for the day-to-day administration of the Authority and shall perform such functions as are assigned to him by this Ordinance or by rules made thereunder; and shall, in respect of performance of his functions, be responsible to the Chairman. (3) If the Chief Executive Officer is unable to perform the functions of his office on account of absence, illness or any other cause, the Government may appoint another person to officiate as Chief Executive Officer in his place during the period he remains so unable. (4) The Chief Executive Officer shall act as the secretary of the Authority and shall have the same right of being present at any meeting of the Authority or of any committee thereof and of taking part in the discussions thereat as if he were a member of the Authority or of such committee, and may, at any time with the consent of the person presiding at the meeting, make a statement or explanation of facts, but he shall not vote upon, or move any motion at such meeting.",
"name": "Chief Executive Officer",
"related_acts": "",
"section_id": 32
},
{
"act_id": 534,
"details": "33. (1) There shall be a Chief Accounts Officer of the Authority who shall be appointed by the Government on such terms and conditions as may be prescribed. (2) If the Chief Accounts Officer is unable to perform the functions of his office on account of absence, illness, or any other cause, the Government may appoint another person to officiate as Chief Accounts Officer in his place during the period he remains so unable. (3) The Chief Accounts Officer shall perform such functions as may be assigned to him by this Ordinance or rules made thereunder, and shall, in respect of the performance of his functions, be responsible to the Chairman. (4) The Chief Accounts Officer shall act as the financial adviser of the Authority and shall have the same right of being present at any meeting of the Authority or of any committee thereof, and of taking part in the discussions thereat as if he were a member of the Authority or of such committee, and may, at any time with the consent of the person presiding at the meeting, make a statement or explanation of facts in matters where financial implications are involved, but he shall not vote upon, or move, any motion at such meeting.",
"name": "Chief Accounts Officer",
"related_acts": "",
"section_id": 33
},
{
"act_id": 534,
"details": "34. The Authority may, subject to such general or special order as the Government may give it 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.",
"name": "Power to appoint officers",
"related_acts": "",
"section_id": 34
},
{
"act_id": 534,
"details": "35. All officers, advisers, consultants and other employees of the Authority shall, when acting or purporting to act in pursuance of any of the provisions of this Ordinance, be deemed to be public servants within the meaning of section 21 of the Penal Code (Act XLV of 1860).",
"name": "The officers and other employees, etc. to be public servants",
"related_acts": "",
"section_id": 35
},
{
"act_id": 534,
"details": "36. All public streets, squares, buildings, lands or part thereof, vested in the Authority shall be maintained by the Authority itself or jointly by the Authority and any other local authority or agency under such arrangements made with the authority or agency concerned as the Authority may deem it necessary for proper upkeep and maintenance of such public streets, squares, buildings, lands or part thereof.",
"name": "Maintenance of public streets, drains, etc. vested in the Authority",
"related_acts": "",
"section_id": 36
},
{
"act_id": 534,
"details": "37. (1) Whenever the Authority is satisfied that execution of a development scheme has been completed in accordance with the plans and specifications sanctioned by the Government, the Authority shall pass a resolution to that effect and shall call upon the Paurashava to take over and to maintain the streets, drains, sewers, parks and other services and facilities provided by the Authority as and from such date as may be fixed by the resolution. (2) If the Paurashava on being called upon to take over the streets, drains, sewers, parks and other services and facilities under sub-section (1) is satisfied that the development scheme has been executed in accordance with the plans and specifications sanctioned by the Government, it shall inform the Authority of its intention to take them over, and by written notice affixed in some conspicuous position within the area of the development scheme declare the streets, drains, sewers, parks and other services and facilities to be public streets, drains, sewers, parks and services and facilities, which shall thereupon vest in, and be maintained, kept in repair, lighted, cleansed, and watered by, the Paurashava. (3) If the Paurashava fails to comply with the resolution of the Authority under sub-section (1) or fails to inform the Authority within three months of the reasons for non-compliance with the resolution of the Authority under sub-section (1), the Authority shall pass a resolution in its meeting requesting the Commissioner to ask the Paurashava to take over the streets, drains, sewers, parks and services and facilities for maintenance from such date as may be fixed by the Commissioner. (4) The Commissioner, on being requested by the Authority, shall fix a date, and thereupon from such date so fixed by the Commissioner such streets, drains, sewers, parks and services and facilities shall be public streets, drains, sewers and services and facilities and shall vest in, and be maintained at the expense of, the Paurashava. (5) The Commissioner may, if he deems it necessary, request the Paurashava to make a written statement in this regard for this consideration. (6) The Commissioner may, before fixing a date under sub-section (4), may ask the Authority to complete such other work as he may consider necessary for facilitating proper up-keep and maintenance, at reasonable cost, of the streets, drains, sewers, parks and services and facilities.",
"name": "Vesting in municipality of streets, drains, etc. for maintenance after execution of development scheme",
"related_acts": "",
"section_id": 37
},
{
"act_id": 534,
"details": "38. (1) Notwithstanding anything contained in the Municipal Administration Ordinance, 1960 (Ord. X of 1960), or any other law for the time being in force, no municipal tax or rate or charges shall be levied or be payable for any building acquired or requisitioned in connection with the execution of any development scheme and vested in the Authority, provided such building is vacant and not used for any other purpose. (2) Where such building is used for office accommodation of the field staff of the Authority engaged in the execution of the development scheme in connection with which the building was acquired , no holding tax shall be levied by the Paurashava, but other rates and charges for services provided by the Paurashava shall be payable at the usual rate. (3) Where such building is used for a purpose other than that for which it was acquired or requisitioned or let out, municipal holding tax and other rates and charge shall be payable in respect of such building at the usual rate.",
"name": "Payment of municipal tax for buildings vested in the Authority",
"related_acts": "",
"section_id": 38
},
{
"act_id": 534,
"details": "39. (1) There shall be a fund to be known as the Rajshahi Town Development Authority Fund, hereinafter referred to as the Fund, which shall vest in the Authority and shall be utilised by the Authority to meet charges in connection with its functions under this Ordinance, including the payment of salaries, other remuneration and fees to the Chairman, members, officers, advisers, consultants and other staff and employees of the Authority. (2) The Fund shall consist of- (a)\tgrants made by the Government; (b) \tloans obtained from the Government; (c)\tgrants made by local authorities; (d) \tloans raised by the Authority with the special or general sanction of the Government; (e) \tforeign aid and loans obtained from any source outside Bangladesh, with the previous sanction of the Government; and (f) \tall other sums received by the Authority.",
"name": "Authority Fund",
"related_acts": "",
"section_id": 39
},
{
"act_id": 534,
"details": "40. The Authority may, with the previous sanction of the Government, borrow money for carrying out the purposes of this Ordinance or for servicing any loan obtained by it.",
"name": "Borrowing Power",
"related_acts": "",
"section_id": 40
},
{
"act_id": 534,
"details": "41. The Authority shall maintain its accounts in such manner as may be prescribed.",
"name": "Accounts",
"related_acts": "",
"section_id": 41
},
{
"act_id": 534,
"details": "42. The Authority 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 and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 42
},
{
"act_id": 534,
"details": "43. (1) The Accounts of the Authority 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 that behalf shall have access to all records, books, documents, cash, securities, stores and other property of the Authority and may examine the Chairman, any member or any officer or employee of the Authority. (3) The Auditor-General shall submit his audit report to the Government and shall forward a copy thereof to the Authority.",
"name": "Audit",
"related_acts": "",
"section_id": 43
},
{
"act_id": 534,
"details": "44. (1) Where, in the opinion of the Authority, as a consequence of any development scheme having been executed by the Authority in any area, the value of any land in that area has increased or will increase, the Authority may levy upon the owner of the land or any person having any interest therein, a betterment fee in respect of the increase in the value of the land resulting from the execution of the development scheme. (2) Such betterment fee shall be an amount not exceeding one-half of the amount by which the value of the land on the completion of the execution of the development scheme, estimated as if the land were clear of building, exceeds the value of the land estimated in like manner prior to such execution: Provided that in levying betterment fee on any land the Authority shall take into consideration the extent and nature of benefit accruing to the land from the development scheme and such other factors as may be prescribed.",
"name": "Power of the Authority to levy betterment fee",
"related_acts": "",
"section_id": 44
},
{
"act_id": 534,
"details": "45. (1) When it appears to the Authority that any particular development scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Authority may, by order made in this behalf, declare that for the purpose of determining such fee the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to the owner of the land or any person having an interest therein that the Authority proposes to assess the amount of the betterment fee in respect of the land under section 44. (2) The Authority shall then assess the amount of betterment fee payable by the person concerned after giving such person an opportunity to be heard. (3) Any person aggrieved by the assessment of betterment fee made by the Authority under sub-section (2) may, within thirty days from the date of such assessment, appeal to the Government whose decision shall be final.",
"name": "Assessment of betterment fee by the Authority",
"related_acts": "",
"section_id": 45
},
{
"act_id": 534,
"details": "46. When the amount of all betterment fees payable in respect of land in the area comprised in the development scheme has been assessed under section 45, the Authority shall, by a notice in writing to be served on all persons liable to such payment, fix a date by which such payment shall be made, and an interest at the rate of six per cent per annum upon any amount outstanding shall be payable from that date.",
"name": "Payment of betterment fee",
"related_acts": "",
"section_id": 46
},
{
"act_id": 534,
"details": "47. (1) Any person liable to the payment of betterment fee may, at his option, instead of making a payment thereof to the Authority, execute an agreement with the Authority to leave the said payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at the rate of six per cent per annum, the first annual payment of such interest being made on the expiry of one year from the date fixed under section 46. (2) Every payment due from any person in respect of a betterment fee and every charge referred to in sub-section (1) shall, notwithstanding anything contained in any other law for the time being in force, be the first charge upon the interest of such person in such land.",
"name": "Agreement to make payment of betterment fee a charge on land",
"related_acts": "",
"section_id": 47
},
{
"act_id": 534,
"details": "48. Any such due to the Authority from any person under this Ordinance shall be recoverable as a public demand.",
"name": "Recovery of dues",
"related_acts": "",
"section_id": 48
},
{
"act_id": 534,
"details": "49. (1) Whoever contravenes the provisions of section 12, 23 or 29 or fails to comply with any direction given to him under section 24, shall, on conviction before a Court of competent jurisdiction, be punishable with a fine which may extend to Taka five thousand and with a further fine which may extend to Taka fifty for each day after the first during which such contravention or non-compliance continues. (2) The Court convicting any person under sub section (1) shall fix a date within which the unauthorised building or tank shall be removed or filled up by such person and may, for sufficient reason, extend such date. (3) If the person convicted under sub-section (1) fails to comply with the direction of the Court under sub-section (2) within the date fixed or, as the case may be, within the date extended, it shall be lawful for the Authority to cause such building or tank to be removed or filled up, and the cost of such removal or filling up shall be recoverable from that person as a public demand.",
"name": "Penalty for contravention of provisions of sections 12, 23, 24 or 29",
"related_acts": "",
"section_id": 49
},
{
"act_id": 534,
"details": "50. If any person- (a) obstructs or molests any person with whom the Authority has entered into a contract in the performance or execution by such person of his duty or of anything which he is empowered or required to do by virtue or in consequence of this Ordinance or any rule made thereunder; or (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of work authorised by this Ordinance or any rule made or development scheme approved thereunder, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka one thousand.",
"name": "Penalty for obstructing contractor or removing mark",
"related_acts": "",
"section_id": 50
},
{
"act_id": 534,
"details": "51. Whoever, without lawful excuse, fails or refuses to comply with any direction issued or order made by the Authority under this Ordinance shall be punishable with fine which may extend to Taka one thousand.",
"name": "Penalty for disobedience of orders",
"related_acts": "",
"section_id": 51
},
{
"act_id": 534,
"details": "52. No Court shall take cognizance of any offence under this Ordinance, except on a complaint, in writing, made by the Authority or by a person authorised by it in this behalf.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 52
},
{
"act_id": 534,
"details": "53. (1) The Chief Executive Officer or any person either generally or specially authorised by him in this behalf may, with or without assistants or workmen, enter into or upon any land in order- (a)\tto make any inspection, survey, experiment, valuation, or enquiry; (b) \tto take level of such land; (c) \tto dig or bore into the sub-soil; (d) \tto set out boundaries and intended lines of work; (e) \tto make such levels, boundaries and lines by placing marks and cutting trenches; or (f) \tto do any other thing; whenever it is necessary to do so for any of the purposes of this Ordinance or any rules made thereunder or for the preparation or execution of any development scheme under this Ordinance: Provided that no such entry shall be made without giving the occupier of the land at least twenty-four hours' previous notice of the intention to make such entry.",
"name": "Power of entry",
"related_acts": "",
"section_id": 53
},
{
"act_id": 534,
"details": "54. (1) The Authority shall, as soon as possible after the end of every financial year, submit to the Government a report on the conduct of its affairs for that year. (2) The Authority shall submit to the Government at such times and at such intervals as the Government may specify- (a)\tsuch returns, account statements, estimates and statistics as may be required by the Government; (b) \tinformation and comments asked for by the Government on any specific subjects; (c)\tcopies of documents required by the Government for examination or for any other purpose.",
"name": "Submission of reports, etc.",
"related_acts": "",
"section_id": 54
},
{
"act_id": 534,
"details": "55. (1) The Authority may, for carrying out the purposes of this Ordinance, acquire any land or interest in land within the area to which this Ordinance extends. (2) The acquisition of any land or interest in land for the Authority under this section or for any scheme under this Ordinance, shall be deemed to be an acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894 (I of 1894), and the provisions of the said Act shall apply to such proceedings.",
"name": "Acquisition of land for the Authority",
"related_acts": "",
"section_id": 55
},
{
"act_id": 534,
"details": "56. The Authority may, by general or special order, delegate to the Chairman or a member or the Chief Executive Officer or any other officer any of its functions subject to such conditions as it may think fit to impose.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 56
},
{
"act_id": 534,
"details": "57. No suit, prosecution or other legal proceeding shall lie against the Authority or the Chairman, any member, the Chief Executive Officer, any other officer, adviser, consultant or any employee of the Authority for anything done or intended to be done in good faith under this Ordinance or any rules made thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 57
},
{
"act_id": 534,
"details": "58. No provision of law relating to the winding up of bodies corporate shall apply to the Authority, and the Authority 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": 58
},
{
"act_id": 534,
"details": "59. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 59
},
{
"act_id": 534,
"details": "60. The Authority may make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder to provide for all matters not required to be provided for by rules and for which provision is necessary or expedient for carrying out the purposes of this Ordinance.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 60
}
],
"text": "An Ordinance to provide for the establishment of an Authority for the formulation and execution of plans and schemes for the development of Rajshahi Town and certain areas in its vicinity. WHEREAS it is expedient to provide for the establishment of an Authority for the formulation and execution of plans and schemes for the development of Rajshahi Town and certain areas in its vicinity and for matters connected therewith and ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975 and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 535,
"lower_text": [
"1 Sub-sections (2), (3) and (4) were substituted by section 2 of the Police Officers (Special Provisions) (Amendment) Ordinance, 1982 (Ordinance No. XXII of 1982)",
"2 The word “forty-five” was substituted for the word “fifteen” by section 3 of the Police Officers (Special Provisions) (Amendment) Ordinance, 1982 (Ordinance No. XXII of 1982)",
"3 Section 7A was inserted by section 4 of the Police Officers (Special Provisions) (Amendment) Ordinance, 1982 (Ordinance No. XXII of 1982)"
],
"name": "The Police Officers (Special Provisions) Ordinance, 1976",
"num_of_sections": 9,
"published_date": "8th November, 1976",
"related_act": [
535
],
"repelled": false,
"sections": [
{
"act_id": 535,
"details": "1. This Ordinance may be called the Police Officers (Special Provisions) Ordinance, 1976.",
"name": "Short title",
"related_acts": "535",
"section_id": 1
},
{
"act_id": 535,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“authority” means an authority specified in column 2 of the Schedule; (b) \t“misconduct” means conduct prejudicial to good order or service discipline or contrary to the Government Servants (Conduct) Rules, 1966, or unbecoming an officer or gentleman; and (c) \t“police-officer” means a police-officer of, and below, the rank of Inspector mentioned in column 1 of the Schedule.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 535,
"details": "3. This Ordinance shall have effect notwithstanding anything contained in any law, rules and regulations relating to police-force nor shall prejudice the operation of any other law, rules and regulations including the service conditions of the said police-force.",
"name": "Ordinance to override all other laws, etc.",
"related_acts": "",
"section_id": 3
},
{
"act_id": 535,
"details": "4. Where a police-officer is guilty of- (i)\tmisconduct; (ii) \tdereliction of duty; (iii)\tact of cowardice and moral turpitude; (iv) \tcorruption or having persistent reputation of being corrupt; (v)\tsubversive activity or association with persons or organisations engaged in subversive activities; (vi)\tdesertion from service or unauthorised absence from duty without reasonable excuse; or (vii) \tinefficiency, the authority concerned may impose on such police-officer any of the penalties mentioned in section 5.",
"name": "Offences",
"related_acts": "",
"section_id": 4
},
{
"act_id": 535,
"details": "5. The following shall be the penalties which may be imposed under this Ordinance, namely:- (a)\tdismissal from service; (b) \tremoval from service; (c) \tdischarge from service; (d) \tcompulsory retirement ; and (e) \treduction to lower rank.",
"name": "Penalties",
"related_acts": "",
"section_id": 5
},
{
"act_id": 535,
"details": "6. (1) When a police-officer is to be proceeded against any of the offences mentioned in section 4, the authority concerned shall frame a charge and specify therein the penalty proposed to be imposed and communicate it to the police-officer, hereinafter called the accused, requiring him to show cause within a specified time which shall not be less than seven days and not more than ten days from the date the charge has been communicated to him why the penalty proposed to be imposed on him shall not be imposed and also to state whether he desires to be heard in person. 1(2) If, after consideration of the cause shown, if any, under sub-section (1) and hearing the accused in person, if he so desires, the authority concerned finds the accused guilty of the charge, or, if no such cause is shown within the specified time, the authority concerned shall, within twenty-one days of the cause shown or, as the case may be, on the expiry of the said time, by notice specifying the penalty proposed to be imposed, require the accused to show cause within a specified time which shall not be less than seven days nor more than ten days from the date of service of the notice why the proposed penalty shall not be imposed on him. (3) If after consideration of the cause shown, if any, under sub-section (2), or, where no such cause is shown within the specified time, the authority concerned decides to impose any penalty on the accused, it shall, within fifteen days of the showing of the cause or, as the case may be, on the expiry of the said time, impose on him the penalty specified in the notice under sub-section (2) or any other lesser penalty. (4) For the purpose of this section, a notice shall be deemed to have been validly served if it is served by delivery to the accused or by affixing it to a conspicuous place of his last known residence or by publication in at least two newspapers.",
"name": "Inquiry",
"related_acts": "",
"section_id": 6
},
{
"act_id": 535,
"details": "7. A police-officer on whom a penalty has been imposed under section 6 may, within seven days of the receipt of the order of punishment, appeal against the order to the appellate authority concerned specified in column 3 of the Schedule, who shall, within 2forty-five days of the date of receipt of the appeal, communicate to the appellant his decision which shall be final.",
"name": "Appeal",
"related_acts": "",
"section_id": 7
},
{
"act_id": 535,
"details": "37A. Notwithstanding anything contained in section 7, the Government may, upon an application made to it by an aggrieved police-officer or on its own motion, within one month from the date of making of a decision by an appellate authority under that section,- (a) \trevise such decision, if made by an appellate authority other than the Government; (b) \treview such decision, if made by it as an appellate authority.",
"name": "Revision and review",
"related_acts": "",
"section_id": 8
},
{
"act_id": 535,
"details": "8. No order passed under any of the provisions of this Ordinance shall be called in question in any Court.",
"name": "Court’s jurisdiction barred",
"related_acts": "",
"section_id": 9
}
],
"text": "An Ordinance to provide for special provisions for maintaining discipline among certain members of the police-force. WHEREAS it is expedient to provide for special provisions for maintaining discipline among certain members of the police-force; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 536,
"lower_text": [
"1 The words and commas “a departmentally promoted Deputy Director, Assistant Director, Deputy Assistant Director, or a subordinate officer, Rifleman and Signalman” were substituted for the words “a subordinate officer, Rifleman, Signalman” by section 2 of the Bangladesh Rifles (Special Provisions) (Amendment) Ordinance, 1984 (Ordinance No. IV of 1984)",
"2 The figure “1979” was substituted for the figure “1966” by section 2 of the Bangladesh Rifles (Special Provisions) (Amendment) Act, 1980 (Act No. XXXII of 1980)",
"3 The brackets and figure “(1)” was omitted by section 3 of the Bangladesh Rifles (Special Provisions) (Amendment) Ordinance, 1984 (Ordinance No. IV of 1984)",
"4 The colon (:) was substitutate for the full stop (.) and the proviso was added by section 3 of the Bangladesh Rifles (Special Provisions) (Amendment) Ordinance, 1984 (Ordinance No. IV of 1984)",
"5 The words “under this Ordinance or any rules” were substituted for the words “under the rules” by section 3 of the Bangladesh Rifles (Special Provisions) (Amendment) Act, 1980 (Act No. XXXII of 1980)",
"6 Section 8 A was inserted by section 4 of the Bangladesh Rifles (Special Provisions) (Amendment) Act, 1980 (Act No. XXXII of 1980)"
],
"name": "The Bangladesh Rifles (Special Provisions) Ordinance, 1976",
"num_of_sections": 10,
"published_date": "8th November, 1976",
"related_act": [
536,
422
],
"repelled": true,
"sections": [
{
"act_id": 536,
"details": "1. This Ordinance may be called the Bangladesh Rifles (Special Provisions) Ordinance, 1976.",
"name": "Short title",
"related_acts": "536",
"section_id": 1
},
{
"act_id": 536,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“authority” means an authority specified in column 2 of the Schedules; (b)\t“member” means 1a departmentally promoted Deputy Director, Assistant Director, Deputy Assistant Director, or a subordinate officer, Rifleman and Signalman of the Bangladesh Rifles and includes any civilian employee serving in connection with the Bangladesh Rifles mentioned in column 1 of the Schedules; and (c)\t“misconduct” means conduct prejudicial to good order or service discipline or contrary to the Government Servants (Conduct) Rules, 21979, or unbecoming an officer or gentleman.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 536,
"details": "3. The provisions of this Ordinance shall be in addition to, and not in derogation of, the Bangladesh Rifles Order, 1972 (P.O. No. 148 of 1972).",
"name": "Application of other laws not barred",
"related_acts": "422",
"section_id": 3
},
{
"act_id": 536,
"details": "4. Where a member is guilty of - (i) \tmisconduct; (ii) \tdereliction of duty; (iii)\tact of cowardice and moral turpitude; (iv)\tcorruption; and (v)\tinefficiency, the authority concerned specified in column 2 of the First Schedule may impose on such member any of the penalties mentioned in section 5.",
"name": "Offences",
"related_acts": "",
"section_id": 4
},
{
"act_id": 536,
"details": "5. The following shall be the penalties which may be imposed upon a member under this Ordinance, namely:- (a)\tdismissal from service; (b)\tremoval from service; (c)\tdischarge from service; (d)\tcompulsory retirement; and (e)\treduction to lower rank.",
"name": "Penalties",
"related_acts": "",
"section_id": 5
},
{
"act_id": 536,
"details": "6. (1) When a member is to be proceeded against any of the offences mentioned in section 4, the authority concerned specified in column 2 of the First Schedule shall frame a charge and specify therein the penalty proposed to be imposed and communicate it to the member, hereinafter called the accused, requiring him to show cause within a specified time which shall not be less than seven days and not more than ten days from the date the charge has been communicated to him why the penalty proposed to be imposed on him shall not be imposed and also state whether he desires to be heard in person. (2) If, after consideration of the cause shown by the accused, if any, and hearing him in person, if the accused so desires, the authority concerned finds the accused guilty of the charge, he shall, within twenty days of the receipt of the explanation, impose upon the accused the proposed penalty or any other lesser penalty under section 5.",
"name": "Inquiry",
"related_acts": "",
"section_id": 6
},
{
"act_id": 536,
"details": "7. 3* * * A member on whom a penalty has been imposed under section 6 may, within seven days of the receipt of the order of punishment, appeal against the order imposing upon him any penalty under section 4 to the appellate authority concerned specified in column 3 of the First Schedule, who shall, within fifteen days of the date of appeal, communicate to the appellant his decision which shall be final 4: Provided that where, in any case, the order imposing penalty has been made by the Government, the member on whom the penalty has been imposed may apply to the Government for review of the order.",
"name": "Appeal",
"related_acts": "",
"section_id": 7
},
{
"act_id": 536,
"details": "8. If the authority specified in column 2 of the Second Schedule is of the opinion that continuance in service of a member mentioned in column 1 is inexpedient or not in the interest of the Bangladesh Rifles, he may, without assigning any reason, either discharge or may make order for premature retirement with such service benefits to which such member may be entitled 5under this Ordinance or any rules applicable to him.",
"name": "Discharge, etc., of members without assigning reasons",
"related_acts": "",
"section_id": 8
},
{
"act_id": 536,
"details": "68A. (1) Subject to any order of the President as to the amount of compensation pension or gratuity to be paid, a member compulsorily retired under sub-clause (c) of clause (1) of Article 11 of the Bangladesh Rifles Order, 1972 (P.O. No. 148 of 1972), whether before or after the commencement of this Ordinance, or under clause (d) of section 5 or prematurely retired under section 8 shall, except as hereinafter provided, be entitled to such compensation pension or gratuity or provident fund benefits as would have been admissible to him on the date of the retirement under the Rules applicable to his service or post if he had been discharged from service on account of the abolition of his post without alternative suitable employment being provided: Provided that where the compulsory retirement follows a period of suspension ordered under clause (2) of Article 11 of the Bangladesh Rifles Order, 1972 (P.O. No. 148 of 1972), such compensation pension or gratuity or provident fund benefits shall be admissible only for the period of service rendered excluding the period of suspension. (2) A member who is compulsorily or prematurely retired from service shall not be entitled to any leave preparatory to retirement.",
"name": "Compensation pension, gratuity, etc., of members compulsorily or prematurely retired",
"related_acts": "422,422",
"section_id": 9
},
{
"act_id": 536,
"details": "9. No order passed under any of the provisions of this Ordinance shall be called in question in any Court.",
"name": "Court’s jurisdiction barred",
"related_acts": "",
"section_id": 10
}
],
"text": "An Ordinance to provide for special provisions for maintaining discipline among certain members of the Bangladesh Rifles. WHEREAS it is expedient to provide for special provisions for maintaining discipline among certain members of the Bangladesh Rifles; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 537,
"lower_text": [
"1 Throughout the Act along with Long title and short title the word “Bangabandhu” was inserted before the word “National” by section 2 of the National Agriculture Award Fund (Amendment) Act, 2009 (Act No. XXXIX of 2009.",
"2 Throughout the Act along with Long title and short title the word “Bangabandhu” was inserted before the word “National” by section 2 of the National Agriculture Award Fund (Amendment) Act, 2009 (Act No. XXXIX of 2009.",
"3 Clauses (aa) and (aaa) were inserted by section 3 of the President’s Award Fund (Amendment) Act, 1997 (Act No. XIX of 1997)",
"4 Clause (aaaa) was inserted by section 3 of the Bangabandhu Award Fund (Amendment) Act, 2002 (Act No. XXXIV of 2002)",
"5 The words “ Supreme Court of Bangladesh” were substituted for the words “High Court” by section 3 of the President’s Award Fund (Amendment) Act, 1997 (Act No. XIX of 1997)",
"6 Sub-section (4) was substituted by section 4 of the President’s Award Fund (Amendment) Act, 1997 (Act No. XIX of 1997)"
],
"name": "The Bangabandhu National Agriculture Award Fund Ordinance, 1976",
"num_of_sections": 10,
"published_date": "11th November, 1976",
"related_act": [
442
],
"repelled": false,
"sections": [
{
"act_id": 537,
"details": "1. This Ordinance may be called the 2Bangabandhu National Agriculture Award Fund Ordinance, 1976.",
"name": "Short title",
"related_acts": "",
"section_id": 1
},
{
"act_id": 537,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“agriculture” includes crop production, vegetable and fruit farming, dairy farming, livestock and poultry farming, fish cultivation and forestry; (b)\t“Award” means the National Agriculture Award instituted under section 5; (c)\t“Board” means the Board of Trustees set up under section 4; (d)\t“Fund” means National Agriculture Award Fund established under section 3.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 537,
"details": "3. (1) There shall be established a fund to be called the National Agriculture Award Fund. (2) To the credit of the Fund shall be placed- (a)\tgrants made by the Government ; (b)\tgrants made by any local authority, statutory body or other body corporate; (c)\tdonations made by any individual, association or institution; (d)\tincome accruing from investment made out of the moneys of the Fund. (3) The moneys credited to the Fund shall be held by the Board in trust and shall be kept in a bank.",
"name": "Establishment of the Fund",
"related_acts": "",
"section_id": 3
},
{
"act_id": 537,
"details": "4. (1) There shall be set up a board to be known as the Board of Trustees of the National Agriculture Award Fund which shall consist of the following Trustees, namely:- (a)\tthe Minister-in-charge of the Ministry of Agriculture, who shall also be the Chairman of the Board;\t 3(aa) \tthe Minister-in-charge of Forest & Environment; (aaa) \tthe Minister-in-charge of Fisheries and Livestock; 4(aaaa)\ttwo Members of Parliament to be nominated by the Government; (b)\ta retired Judge of the 5Supreme Court of Bangladesh to be nominated by the Government who shall continue to be a Trustee till his successor is nominated; (c)\tthe Vice-Chancellor of the University of Dhaka, ex-officio; (d)\tthe Vice-Chancellor of the Agricultural University, ex-officio; (e)\tone non-official to be appointed by the Government for a term of one year; (f)\tthe Secretary, Ministry of Agriculture (Agriculture Division), who shall also be the Secretary to the Board. (2) The Board shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property, both movable and immovable, and shall by the aforesaid name sue or be sued.",
"name": "The Board of Trustees",
"related_acts": "",
"section_id": 4
},
{
"act_id": 537,
"details": "5. (1) The Board shall institute one or more national awards to be called the National Agriculture Award. (2) The Award shall be made annually and shall carry a citation and such amount in cash as may be determined by the Board from time to time. (3) The cash amount of the Award shall be paid out of the moneys of the Fund. 6(4) The Award may be granted to any person or organisation including a co-operative society who or which has- (a)\tachieved high productivity in agriculture or whose research or invention is beneficial to the cause of agriculture or who or which shows new direction for the development of agriculture in Bangladesh or published any book or article of immense value for the cause of agriculture development in Bangladesh; (b) \tplayed an important role or contributed to the preservation of environment and to the invention of new technology for the preservation of environment or to the protection of public life from environmental pollution; (c) \tcontributed to the invention of different technologies in agricultural development through bio-tech, hybrid seeds, tissue culture, environment friendly and sustainable agriculture system, etc. (5) In any year the Award may be divided between two or among more persons or organisations if, in the opinion of the Board, all such persons or organisations are eligible for the Award. (6) If, in the opinion of the Board, there is no suitable person or organisation for the Award in any year, the Board may withhold the Award for that year.",
"name": "Institution of Awards",
"related_acts": "",
"section_id": 5
},
{
"act_id": 537,
"details": "6. The Board shall have power- (a)\tto do or cause to be done all acts and things necessary for the grant of the Award; (b)\tto take all measures necessary for the proper administration and management of the moneys of the Fund; (c)\tto sanction expenditure connected with the administration and management of the Fund; (d) \tto invest moneys of the Fund in Government securities or in other profitable ventures or in such other manner as it may deem fit; (e) \tto do or cause to be done all things ancillary or incidental to the purpose of the Fund.",
"name": "Power of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 537,
"details": "7. The meetings of the Board shall be held on such date and at such time and places and in such manner as may be prescribed by rules: Provided that until rules are made in this behalf, the meetings of the Board shall be held as and when convened by the Chairman.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 537,
"details": "8. The accounts of the Fund 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 Board.",
"name": "Audit",
"related_acts": "442",
"section_id": 8
},
{
"act_id": 537,
"details": "9. (1) The Board may make rules for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for all or any of the following matters, namely:- (a) \tthe procedure to be observed at a meeting of the Board and the number of Trustees required to form a quorum; (b) \tthe procedure to be followed by the Board in making selection of person or organisation for the Award; and (c) \tthe manner in which and the persons by whom proposals or recommendations for the Award may be made.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 9
},
{
"act_id": 537,
"details": "10. (1) The P.O. No. 29 of 1973 is hereby repealed. (2) Upon repeal of the said P.O. all assets and moneys acquired thereunder shall become the assets of the Board of Trustees and moneys of National Agriculture Award Fund under this Ordinance.",
"name": "Repeal, etc.",
"related_acts": "",
"section_id": 10
}
],
"text": "An Ordinance to establish the 1♣Bangabandhu National Agriculture Award Fund. WHEREAS it is expedient to establish a fund for the institution of national awards to promote the cause of agricultural development and to provide incentive and encouragement to efforts made in this direction, and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 538,
"lower_text": [
"1 The word “Chittagong” was substituted for the word “Dacca” by section 2 of the Bangladesh Petroleum Corporation (Amendment) Act, 1990 (Act No. XXXII of 1990)"
],
"name": "The Bangladesh Petroleum Corporation Ordinance, 1976",
"num_of_sections": 32,
"published_date": "13th November, 1976",
"related_act": [
442,
538
],
"repelled": true,
"sections": [
{
"act_id": 538,
"details": "1. This Ordinance may be called the Bangladesh Petroleum Corporation Ordinance, 1976.",
"name": "Short title",
"related_acts": "538",
"section_id": 1
},
{
"act_id": 538,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Directors of the Corporation; (b) \t“Chairman” means the Chairman of the Corporation; (c) \t“Corporation” means the Bangladesh Petroleum Corporation established under section 3; (d) \t“Director” means a Director of the Corporation; (e) \t“enterprise” means any firm or company engaged in any activity related to the processing, refining, blending or marketing of petroleum including its import, export, purchase, storage, sale or distribution;\t(f) \t“petroleum” means hydro-carbons in liquid or solid state, processed or unprocessed, including by-products and lubricants but does not include natural gas; and (g) \t“Prescribed” means prescribed by rules or regulations made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 538,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, Government shall establish a Corporation to be called the Bangladesh Petroleum Corporation. (2) The Corporation shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment and incorporation",
"related_acts": "",
"section_id": 3
},
{
"act_id": 538,
"details": "4. (1) The Head Office of the Corporation shall be at 1Chittagong. (2) The Corporation may establish offices at such other places as the Board may think fit.",
"name": "Head Office, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 538,
"details": "5. (1) The authorised share capital of the Corporation shall be one crore Taka to be subscribed by the Government in the manner determined by the Government from time to time according to the requirements of the Corporation. (2) Notwithstanding anything contained in sub-section (1), the Corporation may, for carrying out all or any of the functions, have separate capital raised by loan or grant from, or in such other manner and from such other sources including banks, local or foreign, as may be approved by the Government.",
"name": "Authorised Capital",
"related_acts": "",
"section_id": 5
},
{
"act_id": 538,
"details": "6. Subject to the provisions of the Petroleum Act, 1974 (LXIX of 1974), and this Ordinance, the functions of the Corporation shall be- (a)\tto acquire, import crude petroleum and other refined petroleum products; (b) \tto refine crude petroleum and manufacture of various grades of refined petroleum products; (c) \tto set up refineries and ancillary facilities; (d) \tto import lubricating oil, both in the form of base stock, necessary additives and other chemicals as well as finished products; (e) \tto manufacture blended lubricating products;\t(f) \tto set up lubricating plants including plants for recycling or revamping of used lubricants; (g)\tto process and set up facilities for processing of refinery waste or residual products; (h)\tto plan and instal petroleum (crude and refined) storage facilities; (i) \tto determine allocation of petroleum products against the marketing companies; (j) \tto procure inland oil tankers; (k) \tto establish and expand petroleum marketing facilities; (l) \tto export petroleum and petroleum products;\t(m)\tto act as managing agents of, or to enter into any management or any other agreement or contract with, any firm or company; (n) \tto supervise, co-ordinate and control the affairs of the enterprises; (o) \tto discharge any other function assigned or delegated to it by the Government from time to time; and (p) \tto do such other acts and things as may be necessary for carrying out the purposes of this Ordinance.",
"name": "Functions of the Corporation",
"related_acts": "",
"section_id": 6
},
{
"act_id": 538,
"details": "7. (1) Subject to the rules and regulations made under this Ordinance, 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) In discharging its functions, the Board shall act on commercial considerations having due regard to public interest generally and shall be guided on question of policy by such instructions as may be given to it by the Government from time to time.",
"name": "Management",
"related_acts": "",
"section_id": 7
},
{
"act_id": 538,
"details": "8. (1) The Board shall consist of a Chairman and such other Directors, not exceeding five of whom two shall be ex-officio, as may be appointed by the Government on such terms and conditions as the Government may determine. (2) One of the Joint Secretaries of the Ministry of Petroleum and Minerals and one of the Joint Secretaries of the Ministry of Finance shall be the ex-officio Directors. (3) 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": "Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 538,
"details": "9. (1) The Chairman and other Directors, excluding ex-officio Directors, shall be whole time officers of the Corporation and subject to the provisions of section 11, hold office for a term of three years and shall be eligible for appointment thereafter for a further term or terms of such duration as the Government may determine. (2) The Chairman or any other Director excluding an ex-officio Director, may, at any time, resign his office by notice in writing addressed to the Government: Provided that his resignation shall not take effect until it has been accepted by the Government. (3) The Chairman and the other Directors 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": "Chairman and other Directors",
"related_acts": "",
"section_id": 9
},
{
"act_id": 538,
"details": "10. (1) The Chairman shall be the Chief Executive of the Corporation. (2) The Chairman and other Directors shall exercise such powers, perform such functions and discharge such duties as may be prescribed or as may be assigned by the Board from time to time. (3) Until the first Board is constituted, the Chairman appointed under section 8(1) shall exercise all powers and do all acts and things as may be exercised or done by the Board.",
"name": "Functions of the Chairman and other Directors",
"related_acts": "",
"section_id": 10
},
{
"act_id": 538,
"details": "11. (1) No person shall be or shall continue to be a Director who- (a) is, or at any time has been, disqualified for employment in or dismissed from Government service; or (b)\tis, or at any time has been, convicted of an offence involving moral turpitude; or (c) \tis, or at any time has been, adjudicated insolvent; or (d) \tis found to be a lunatic or becomes of unsound mind; or (e) \tis a minor; or (f) \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. (2) The Government may, by order in writing, remove the Chairman or any other Director if he- (a)\trefuses or fails to discharge or becomes, in the opinion of the Government, incapable of discharging his responsibilities under this Ordinance; or (b) \thas, in the opinion of the Government, abused his position as Chairman or any other Director; or (c) \thas knowingly acquired or continued to hold without the permission in writing of the Government directly or indirectly or through a partner any share or interest in any contract or employment with or by or on behalf of the Corporation.",
"name": "Disqualifications and removal of Directors",
"related_acts": "",
"section_id": 11
},
{
"act_id": 538,
"details": "12. (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 thinks so fit. (2) To constitute a quorum at a meeting of the Board, the number of Directors present shall be three. (3) The meetings of the Board shall be presided over by the Chairman and, in the absence of the Chairman by the Director authorised by the Chairman in writing in that behalf, or in default of such authorisation, by the person elected for the purpose by the Directors present from amongst themselves. (4) At a meeting of the Board such Director shall have one vote, and in the event of equality of votes, the Chairman shall have a second or casting vote. (5) No Director shall vote on any matter in which he has any personal interest directly or indirectly.",
"name": "Meeting of the Board",
"related_acts": "",
"section_id": 12
},
{
"act_id": 538,
"details": "13. The Corporation may, with the previous approval of the Government, sponsor formation of new companies for carrying out any of the purposes of this Ordinance, hold shares in such companies and permit any person whether or not a Bangladesh national, to hold shares therein.",
"name": "Formation of new companies",
"related_acts": "",
"section_id": 13
},
{
"act_id": 538,
"details": "14. Subject to such conditions as may be prescribed, the Corporation may, with the previous approval of the Government, establish a Reserve Fund.",
"name": "Reserve Fund",
"related_acts": "",
"section_id": 14
},
{
"act_id": 538,
"details": "15. The Corporation may realise, at such rates as may be approved by the Government, profit on the crude oil, refined petroleum and petroleum products imported by it and sold to the refineries and petroleum marketing companies, or on the surplus refinery products exported by it on purchase from the refineries.",
"name": "Profit on crude oil, etc.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 538,
"details": "16. The Corporation may open and operate any account with any bank or banks.",
"name": "Operation of Accounts",
"related_acts": "",
"section_id": 16
},
{
"act_id": 538,
"details": "17. The Corporation may invest its funds in such shares and securities as may be authorised by the Government.",
"name": "Investment in securities",
"related_acts": "",
"section_id": 17
},
{
"act_id": 538,
"details": "18. The Corporation may, with the previous approval of the Government and on such terms and conditions as the Government may determine, disinvest any share held by it in any company.",
"name": "Disinvestment of shares",
"related_acts": "",
"section_id": 18
},
{
"act_id": 538,
"details": "19. The Corporation shall, by such date before the commencement of every financial year as the Government may direct, submit, in such manner and form as may be prescribed, to the Government for approval, a statement to be called the annual budget-statement, showing estimated receipts and expenditure of the Corporation in respect of that year.",
"name": "Budget",
"related_acts": "",
"section_id": 19
},
{
"act_id": 538,
"details": "20. (1) The Corporation shall maintain proper accounts and other relevant records, and prepare annual statement of accounts, including the profit and loss accounts 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 with the approval of the Government by the Corporation on such remuneration as it may think fit, and such remuneration shall be paid by the Corporation. (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.",
"name": "Account and Audit",
"related_acts": "442",
"section_id": 20
},
{
"act_id": 538,
"details": "21. (1) The Corporation shall furnish to the Government such 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 audited accounts together with annual report on the conduct of its affairs during that year.",
"name": "Reports, etc.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 538,
"details": "22. The Corporation may, subject to such regulations as may be made in this behalf, appoint such officers, consultants, advisors, auditors and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may determine.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 22
},
{
"act_id": 538,
"details": "23. The Corporation may, by general or by 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 such of its Directors or officers as may be specified.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 23
},
{
"act_id": 538,
"details": "24. Notwithstanding the provisions of the Companies Act, 1913 (VII of 1913), the Corporation may amend, alter or modify the Memorandum and Articles of Association of any Company wholly owned by it.",
"name": "Alteration, etc., of Memorandum of Association, etc.",
"related_acts": "",
"section_id": 24
},
{
"act_id": 538,
"details": "25. (1) The Corporation may acquire, for carrying out the purposes of the Ordinance, by purchase, lease, exchange or otherwise any land or interest in land. (2) The acquisition under this section of any land or interest in land shall be deemed to be an acquisition for a public purpose within the meaning of the Land Acquisition Act, 1894 (I of 1894) and the provision of the said Act shall apply to all such proceedings.",
"name": "Acquisition of land, etc.",
"related_acts": "",
"section_id": 25
},
{
"act_id": 538,
"details": "26. The Chairman, Directors, officers, advisors or employees of the Corporation shall, while acting or purporting to act in pursuance of the provisions of this Ordinance or the rules or regulations made thereunder, be deemed to be Public Servants within the meaning of section 21 of the Penal Code (XLV of 1860).",
"name": "Public Servants",
"related_acts": "",
"section_id": 26
},
{
"act_id": 538,
"details": "27. No suit, prosecution or other legal proceedings lie against the Chairman, any Director or any officer, adviser, consultant or employee of the Corporation for anything which is in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 27
},
{
"act_id": 538,
"details": "28. No provision of law relating to the winding up of companies shall apply to the Corporation and the Corporation shall not be wound up save by order of the Government and in such manner as it may direct.",
"name": "Winding up of the Corporation",
"related_acts": "",
"section_id": 28
},
{
"act_id": 538,
"details": "29. The Government, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 29
},
{
"act_id": 538,
"details": "30. (1) The Corporation may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to this Ordinance. (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": 30
},
{
"act_id": 538,
"details": "31. Upon the establishment of the Corporation under section 3,- (a)\tthe functions to be performed by the Corporation under section 6 shall not be performed by the Bangladesh Oil and Gas Corporation, also called PETROBANGLA except to the extent covered specifically by any production sharing agreement or contract existing immediately before the commencement of this Ordinance; (b) \tsubject to clause (a), all rights, liabilities and obligations of the Government or PETROBANGLA which, whether arising out of any contract or otherwise, were acquired or incurred by it for any of the purposes referred to in section 6 before the date of the establishment of the Corporation, shall be deemed to have been acquired or incurred by the Corporation and shall be the rights, liabilities and obligations respectively of the Corporation; (c) \tthe assets and shares, undertakings and liabilities vested in the Government and enumerated in the Schedule shall stand transferred to, and vest in, the Corporation; (d) \tthe services of such officers and other employees, as may be agreed upon between the Corporation and the PETROBANGLA, shall be transferred to the Corporation on the same terms and conditions of service as were applicable to them immediately before the establishment of the Corporation: Provided that the Corporation may vary or alter any condition of service of such officers or employees subject to its being not to their disadvantage.",
"name": "Transfer of certain functions and rights, etc.",
"related_acts": "",
"section_id": 31
},
{
"act_id": 538,
"details": "32. The Government may, from time to time by notification in the official Gazette, amend the Schedule so as to include therein or exclude therefrom any item or vary the description of any item included therein.",
"name": "Power to amend the Schedule",
"related_acts": "",
"section_id": 32
}
],
"text": "An Ordinance to provide for the establishment of the Bangladesh Petroleum Corporation. WHEREAS it is expedient to provide for the establishment of a Corporation for the purposes of import, refining and processing of crude petroleum, blending of lubricants, import, export and marketing of petroleum products including by-products and lubricants (but excluding natural gas), and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975 and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 539,
"lower_text": [
"1 Section 4 was substituted by section 5 of the Development Boards Laws Amendment Act, 1980 (Act No. XIV of 1980)",
"2 The word “ten” was substituted for the word “four” by section 5 of the Development Boards Laws Amendment Act, 1980 (Act No. XIV of 1980)",
"3 The words “twenty-five lakh” were substituted for the words “ten lakh” by section 5 of the Development Boards Laws Amendment Act, 1980 (Act No. XIV of 1980)"
],
"name": "The Chittagong Division Development Board Ordinance, 1976",
"num_of_sections": 22,
"published_date": "16th November, 1976",
"related_act": [
539
],
"repelled": true,
"sections": [
{
"act_id": 539,
"details": "1. (1) This Ordinance may be called the Chittagong Division Development Board Ordinance, 1976. (2) It extends to the whole of Chittagong Division except the areas within the Chittagong Hill Tracts and the Chittagong Municipality.",
"name": "Short title and extent",
"related_acts": "539",
"section_id": 1
},
{
"act_id": 539,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Chittagong Division Development Board established under section 3; (b) \t“Chairman” means the Chairman of the Board; (c) \t“Chittagong Division” does not include the areas within the Chittagong Hill Tracts and the Chittagong Municipality; (d) \t“member” means a member of the Board; (e) \t“prescribed” means prescribed by rules made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 539,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish a Board to be called the Chittagong Division Development Board for carrying out the purposes of this Ordinance. (2) The Board shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance and the rules made thereunder, 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 Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 539,
"details": "14. (1) The Board shall consist of the following members, namely:- (a)\ta Minister, to be nominated by the President, who shall also be its Chairman; (b) \ttwo members of Parliament, to be nominated by the President, who shall also be its Vice-Chairman; (c) \tone member of Parliament from each sub-division in the Chittagong Division, to be nominated by the President, by rotation, for a term of one year; (d) \tthe Commissioner, Chittagong Division, ex-officio, who shall also be its Secretary; (e) \tthe Deputy Commissioners of the districts in the Chittagong Division, ex-officio; (f) \tsuch other members, not exceeding one-fifth of the total number of members of Parliament of Chittagong Division, as may be nominated by the Government. (2) All members, other than the ex-officio members, shall hold office during the pleasure of the President. (3) The Chairman shall be the chief executive of the Board. (4) The Chairman and other members shall perform such functions as the Board may assign to them from time to time or as may be prescribed. (5) No act or proceedings of the Board shall be invalid merely on the ground of the existence of a vacancy in, or any defect in the constitution of, the Board.",
"name": "Composition of the Board",
"related_acts": "",
"section_id": 4
},
{
"act_id": 539,
"details": "5. (1) The head office of the Board shall be located at the headquarters of the Chittagong Division. (2) The Board may, with the prior approval of the Government, establish offices at any other place in the Chittagong Division.",
"name": "Head office, etc.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 539,
"details": "6. (1) Save as hereinafter provided, the Board shall regulate the procedure for its meetings. (2) Meetings of the Board shall be held on such date and 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 two months. (3) To constitute a quorum at a meeting of the Board, not less than 2ten members shall be present. (4) All questions at a meeting of the Board 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. (5) All meetings of the Board shall be presided over by the Chairman or, in his absence, by a member authorised in writing by the Chairman.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 539,
"details": "7. Consultative Committee.- Omitted by section 5 of the Development Boards Laws Amendment Act, 1980 (Act No. XIV of 1980).",
"name": "Omitted",
"related_acts": "",
"section_id": 7
},
{
"act_id": 539,
"details": "8. The functions of the Board shall be- (a)\tto prepare projects and schemes for the development of Chittagong Division; (b) \tto approve of projects and schemes involving not more than 3twenty-five lakh Taka each and to submit other projects and schemes to the Government for approval; (c) \tto execute approved projects and schemes; (d) \tto supervise execution of approved projects and schemes; (e) \tto advance funds, on such terms and conditions as it may determine, for the execution of development schemes sponsored by various development agencies; (f)\tto grant loans, on such terms and conditions as may be prescribed, to any person for setting up or development of any small-scale or cottage industry or project; (g) \tto do such other acts and things as may be necessary or convenient to be done in connection with, or incidental or conducive to, the performance of the aforesaid functions.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 539,
"details": "9. Notwithstanding anything contained in any other law for the time being in force or in section 8, the Board may require any local authority or Government agency within whose jurisdiction any area covered by any project or scheme approved under section 8 lies to execute the project or scheme, or any portion thereof, in consultation with the Board, and the expenditure incurred on the execution of any such project or scheme or portion thereof shall be borne as may be agreed to between the Board and the local authority or Government agency or, in the event of disagreement, as may be determined by the Government.",
"name": "Execution of projects and schemes through other agencies",
"related_acts": "",
"section_id": 9
},
{
"act_id": 539,
"details": "10. The Board may appoint such officers and other employees as it considers necessary for the performance of its functions on such terms and conditions as it may deem fit: Provided that no post shall be created by the Board without the prior approval of the Government.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 539,
"details": "11. (1)There shall be formed a Fund to be known as the Chittagong Division Development Board Fund which shall vest in the Board and shall be utilised by the Board to meet charges in connection with its functions under this Ordinance, including the payment of salaries and other remuneration to the officers and other employees of the Board. (2) The Chittagong Division Development Board Fund shall comprise- (a) \ta non-lapsable revolving fund, not exceeding Taka five crore, to be granted by the Government; (b) loans raised by the Board with the sanction of the Government; (c)\treceipts from any other source.",
"name": "Board Fund",
"related_acts": "",
"section_id": 11
},
{
"act_id": 539,
"details": "12. The Board 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 and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 12
},
{
"act_id": 539,
"details": "13. (1) The Board shall maintain its accounts in such manner and form as may be prescribed. (2) The accounts of the Board 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. (3) For the purpose of an audit under sub-section (2), 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 Board and may examine the Chairman or any member, officer or employee of the Board. (4) The Auditor-General shall, as soon as possible after completion of the audit, send to the Board his audit report and the Board shall forward it, with its comments thereon, to the Government. (5) The Board shall take steps forthwith to remedy any defects or irregularities pointed out in the audit report.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 13
},
{
"act_id": 539,
"details": "14. (1) The Board shall submit to the Government, as soon as possible after the end of every financial year, a report on the conduct of its affairs for that year. (2) The Board shall submit to the Government at such time and at such interval as the Government may specify- (a)\tsuch returns, accounts, statements, estimates and statistics as may be required by the Government; (b) \tinformation and comments asked for by the Government on any specific subject; (c) \tcopies of documents required by the Government for examination or any other purpose.",
"name": "Submission of reports, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 539,
"details": "15. The Chairman or any member, or any other person authorised by the Chairman in this behalf, may, with or without assistants or workmen, enter into or upon any land in order- (a)\tto make any inspection, survey, experiment, valuation or inquiry; (b) \tto take level of such land; (c) \tto dig or bore into the sub-soil; (d) \tto set out boundaries and intended lines of work; (e) \tto mark such levels, boundaries and lines by placing marks and cutting trenches; or (f) to do any other thing; whenever it is necessary to do so for any of the purposes of this Ordinance: Provided that no such entry shall be made without giving the occupier of the land at least twenty-four hours' notice of the intention to make such entry.",
"name": "Power of entry",
"related_acts": "",
"section_id": 15
},
{
"act_id": 539,
"details": "16. Any land required by the Board for carrying out its functions under this Ordinance shall be deemed to be needed for a public purpose and such land may be requisitioned or acquired for the Board by the Government or the Deputy Commissioner, as the case may be, in accordance with any law for the time being in force.",
"name": "Compulsory acquisition of land for the Board",
"related_acts": "",
"section_id": 16
},
{
"act_id": 539,
"details": "17. The Board may, by general or special order, delegate to the Chairman or any member or officer any of its functions subject to such conditions as it may think fit to impose.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 17
},
{
"act_id": 539,
"details": "18. The Government may, from time to time, issue directions to the Board to take such measures as it considers necessary for carrying out the purposes of this Ordinance; and the Board shall comply with all such directions.",
"name": "Power to issue directions",
"related_acts": "",
"section_id": 18
},
{
"act_id": 539,
"details": "19. No suit, prosecution or other legal proceeding shall lie against the Board, the Chairman or any member, officer or employee of the Board for anything done or intended to be done in good faith under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 19
},
{
"act_id": 539,
"details": "20. No provision of law relating to the winding up of bodies corporate shall apply to the Board, and the Board 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": 20
},
{
"act_id": 539,
"details": "21. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 21
},
{
"act_id": 539,
"details": "22. The Board may, with the approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters not required to be provided for by rules and for which provision is necessary or expedient for carrying out the purposes of this Ordinance.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 22
}
],
"text": "An Ordinance to provide for the establishment of a Development Board for the Chittagong Division. WHEREAS it is expedient to provide for the establishment of a Development Board for the Chittagong Division and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 540,
"lower_text": [],
"name": "The Vested and Non-Resident Property (Administration) (Repeal) Ordinance, 1976",
"num_of_sections": 2,
"published_date": "7th December, 1976",
"related_act": [],
"repelled": false,
"sections": [
{
"act_id": 540,
"details": "1. This Ordinance may be called the Vested and Non- Resident Property (Administration) (Repeal) Ordinance, 1976.",
"name": "Repealed.",
"related_acts": "",
"section_id": 1
},
{
"act_id": 540,
"details": "2. The Vested and Non-Resident Property (Administration) Act, 1974 (XLVI of 1974), is hereby repealed.",
"name": "Repealed",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the Vested and Non-Resident Property (Administration) Act, 1974. WHEREAS it is expedient to repeal the Vested and Non-Resident Property (Administration) Act, 1974 (XLVI of 1974), for the purpose hereinafter appearing; NOW, THEREFORE, in pursuance of the proclamations of the 20thAugust, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 541,
"lower_text": [],
"name": "The Bangladesh Malaria Eradication Board (Repeal) Ordinance, 1977",
"num_of_sections": 2,
"published_date": "23rd February, 1977",
"related_act": [
541
],
"repelled": true,
"sections": [
{
"act_id": 541,
"details": "1. (1) This Ordinance may be called the Bangladesh Malaria Eradication Board (Repeal) Ordinance, 1977. (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": "541",
"section_id": 1
},
{
"act_id": 541,
"details": "2. (1) The Bangladesh Malaria Eradication Board Order, 1972 (P.O. No. 99 of 1972), hereinafter referred to as the said Order, is hereby repealed. (2) Upon the repeal of the said Order,- (a)\tthe Bangladesh Malaria Eradication Board, hereinafter referred to as the said Board, constituted under the said Order shall stand dissolved; (b) \tall projects, assets, rights, powers, authorities and privileges and all property, movable and immovable, including cash and bank balance, 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 Ordinance shall be deemed to have been incurred, undertaken or entered into or made by or with the Government; (d) \tall suits and other legal proceedings instituted by or against the said Board and pending immediately before the commencement of this Ordinance shall be deemed to have been instituted by or against the Government and may be continued and proceeded with accordingly. (e) \tnotwithstanding anything contained in any contract or agreement or in the conditions of service, all officers and other employees of the said Board shall unless the Government in any case otherwise directs, stand transferred to the Government on the same terms and conditions as were applicable to them immediately before the commencement of this Ordinance: Provided that the Government may alter their remuneration or the terms and conditions of their service if such alteration is considered necessary for the sake of uniformity and in the interest of equity in service. (3) The Government may, for the purpose of removing any difficulty in relation to the transfer and other matters specified in sub-section (2), make such orders as it considers expedient; and any such order shall be deemed to be, and have effect as, part of the provisions of this Ordinance.",
"name": "Repeal of P.O. No. 99 of 1972",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the Bangladesh Malaria Eradication Board Order, 1972. WHEREAS it is expedient to repeal the Bangladesh Malaria Eradication Board Order, 1972 (P.O. No. 99 of 1972), and to provide for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :-"
} |
{
"id": 542,
"lower_text": [],
"name": "The Government of Bangladesh (Services Screening) (Repeal) Ordinance, 1977",
"num_of_sections": 3,
"published_date": "28th April, 1977",
"related_act": [
542
],
"repelled": false,
"sections": [
{
"act_id": 542,
"details": "1. This Ordinance may be called the Government of Bangladesh (Services Screening) (Repeal) Ordinance, 1977.",
"name": "Short title",
"related_acts": "542",
"section_id": 1
},
{
"act_id": 542,
"details": "2. The Government of Bangladesh (Services Screening) Order, 1972 (P.O. No. 67 of 1972), is hereby repealed.",
"name": "Repeal of P.O. No. 67 of 1972",
"related_acts": "",
"section_id": 2
},
{
"act_id": 542,
"details": "3. Notwithstanding the repeal of the Government of Bangladesh (Services Screening) Order, 1972 (P.O. No. 67 of 1972) by section 2, the Government may, at any time, either of its own motion or on application, review any order passed by it under clause (2) of Article 6 of that Order.",
"name": "Power to review",
"related_acts": "",
"section_id": 3
}
],
"text": "An Ordinance to repeal the Government of Bangladesh (Services Screening) Order, 1972. WHEREAS it is expedient to repeal the Government of Bangladesh (Services Screening) Order, 1972 (P.O. No. 67 of 1972), and to provide for certain other matter connected therewith; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 543,
"lower_text": [
"1 Sub-section (1) was substituted by section 2 of the Bangladesh Biman Corporation (Amendment) Act, 1987 (Act No. XXXII of 1987)",
"2 The word “and” was omitted by section 2 of the Bangladesh Biman Corporation (Amendment) Act, 1988 (Act No. XLIII of 1988)",
"3 Clause (aa) was inserted by section 2 of the Bangladesh Biman Corporation (Amendment) Act, 1988 (Act No. XLIII of 1988)",
"4 Section 28A was inserted by section 2 of Bangladesh Biman Corporation (Amendment) Act, 2009 (Act. No. XXI of 2009) (with effect from 11th July, 2007)."
],
"name": "The Bangladesh Biman Corporation Ordinance, 1977",
"num_of_sections": 32,
"published_date": "9th June, 1977",
"related_act": [
175,
47,
788,
1461,
442,
543
],
"repelled": true,
"sections": [
{
"act_id": 543,
"details": "1. This Ordinance may be called the Bangladesh Biman Corporation Ordinance, 1977.",
"name": "Short title",
"related_acts": "543",
"section_id": 1
},
{
"act_id": 543,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Board of Directors of the Corporation; (b)\t“Chairman” means the Chairman of the Board; (c)\t“Corporation” means the Bangladesh Biman Corporation established under section 3; (d)\t“Director” means a Director of the Corporation; (e)\t“Managing Director” means the Managing Director of the Corporation; (f)\t“prescribed” means prescribed by rules or regulations made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 543,
"details": "3. (1) On the commencement of this Ordinance, there shall be established a Corporation to be called the Bangladesh Biman Corporation for carrying out the purposes of this Ordinance. (2) The Corporation shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of the Corporation",
"related_acts": "",
"section_id": 3
},
{
"act_id": 543,
"details": "4. (1) The head office of the Corporation shall be at Dacca. (2) The Corporation may establish offices at such other places, in Bangladesh and abroad, as the Board may think fit.",
"name": "Head office, etc",
"related_acts": "",
"section_id": 4
},
{
"act_id": 543,
"details": "5. 1(1) The authorised share capital of the Corporation shall be two hundred crore Taka divided into two crore shares of one hundred Taka each: Provided that the Government may increase the authorised share capital of the Corporation from time to time and shall divide the increased share capital into required number of shares of one hundred Taka each. (2) The paid-up share capital of the Corporation shall, in the first instance, be five crore Taka, and may, with the approval of the Government, be increased from time to time, of which not less than fifty-one per cent shares shall be subscribed for by the Government and the remaining shares shall be subscribed, in such manner, at such time and to such extent as the Government may determine, either by the Government or by the public. (3) Notwithstanding anything contained in sub-section (1), the Corporation may, for carrying out all or any of its functions, raise loans or obtain grants in such manner and from such sources including banks, local or foreign, as may be approved by the Government. (4) The shares of the Corporation shall be listed on the Stock Exchange in Bangladesh prior to the issue of any shares for public subscription.",
"name": "Authorised Capital",
"related_acts": "",
"section_id": 5
},
{
"act_id": 543,
"details": "6. The shares of the Corporation shall be deemed to be included among the securities enumerated in section 20 of the Trusts Act, 1882 (II of 1882), and to be approved securities and approved investments for the purposes of the Insurance Act, 1938 (IV of 1938).",
"name": "Shares to be approved securities",
"related_acts": "47,175",
"section_id": 6
},
{
"act_id": 543,
"details": "7. (1) It shall be the function of the Corporation to provide and develop safe, efficient, adequate, economical and properly coordinated air transport services, internal as well as international, and the Corporation shall so exercise its powers as to secure that the air transport services are developed to the greatest possible advantage in the interest of the country. (2) Without prejudice to the generality of the foregoing provision, the Corporation shall, in particular, have power- (a) \tto acquire, charter, hold or dispose of aircraft; (b) \tto operate any air transport service or any flight by aircraft for a commercial or other purpose, and to carry out all forms of aerial work; (c) \tto repair, overhaul, construct, recondition or assemble aircraft and other vehicles; (d)\tto assemble, manufacture, recondition, overhaul or repair machines, parts, accessories and instruments pertaining to aircraft and other vehicles; (e)\tto establish, institute or make other arrangement for the instruction and training of persons engaged or likely to be engaged in any activity connected with or ancillary to air transport service; (f) \tto acquire, hold or dispose of any property, whether movable or immovable; (g) \tto acquire, own, run, manage or participate in the running or management of any other business or commercial undertaking with the approval of the Government; (h) \tto do all other things connected with or ancillary to any of the matters referred to in sub-clauses (a) to (f); (i) \tto perform such other function as may be assigned to it by the Government by notification in the official Gazette.",
"name": "Functions of the Corporation",
"related_acts": "",
"section_id": 7
},
{
"act_id": 543,
"details": "8. (1) Subject to rules and regulations made under this Ordinance, the general direction and superintendence of the affairs and business of the Corporation shall vest in a Board of Directors which may exercise all powers and do all acts and things which may be exercised or done by the Corporation. (2) The Board, in discharging its functions, shall act on commercial considerations having due regard to public interest generally and be guided by such general or special instructions as may be given to it by the Government from time to time.",
"name": "Management",
"related_acts": "",
"section_id": 8
},
{
"act_id": 543,
"details": "9. (1) The Board of Directors shall consist of a Chairman, a Managing Director and not less than six and not more than ten 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 twenty per cent, but does not exceed thirty-four per cent of the total shares; (b)\ttwo Directors, when the number of shares subscribed for by them exceeds thirty-four per cent of the total shares. (2) The Chairman, the Managing Director and the other appointed Directors shall hold office for such period and on such terms and conditions as the Government may determine. (3) An elected Director shall hold office for a term of two years and shall continue in office thereafter until his successor is elected, and shall be eligible for re-election. (4) A casual vacancy in the office of an elected Director shall be filled by election and the person elected to fill such vacancy shall hold office for the unexpired period of the term of his predecessor: Provided that it shall not be necessary to fill a casual vacancy in the office of an elected Director for a period of less than three months.",
"name": "Board of Directors",
"related_acts": "",
"section_id": 9
},
{
"act_id": 543,
"details": "10. The Managing Director shall be a whole time officer and the chief executive of the Corporation and shall exercise such powers and perform such functions as may be assigned to him by the Board or as may be prescribed.",
"name": "Managing Director",
"related_acts": "",
"section_id": 10
},
{
"act_id": 543,
"details": "11. No person shall be or shall continue to be a Director who- (a) \tis or at any time has been adjudicated insolvent; (b) \tis found to be a lunatic or of unsound mind; (c) \tor 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.",
"name": "Disqualifications of Directors",
"related_acts": "",
"section_id": 11
},
{
"act_id": 543,
"details": "12. (1) The meetings of the Board shall be held at such times and places as may be prescribed by regulations: Provided that a meeting may also be otherwise convened by the Chairman when he so thinks fit. (2) To constitute a quorum at a meeting of the Board not less than three Directors including the Chairman shall be present. (3) At a meeting of the Board each Director shall have one vote, and in the event of an equality of votes, the person presiding shall have a second or casting vote. (4) If, for any reason, the Chairman is unable to preside over a meeting, it shall be presided over by a Director nominated by the Chairman for the purpose, and in default of such nomination, by such Director as the Directors present may choose. (5) No act or proceedings 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.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 12
},
{
"act_id": 543,
"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": "Appointment of committees, etc",
"related_acts": "",
"section_id": 13
},
{
"act_id": 543,
"details": "14. The Corporation may appoint such officers, consultants, advisers, auditors and employees as it considers necessary for the efficient performance of its functions on such terms and conditions as it may deem fit.",
"name": "Appointment of officers, etc",
"related_acts": "",
"section_id": 14
},
{
"act_id": 543,
"details": "15. The Board may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable also by the Chairman or by such Director or officer of the Corporation as may be so specified.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 15
},
{
"act_id": 543,
"details": "16. The Corporation may invest its funds in such shares and securities, or may make such other investments, as may be authorised by the Government.",
"name": "Investment in securities",
"related_acts": "",
"section_id": 16
},
{
"act_id": 543,
"details": "17. (1) The Corporation may, with the prior approval of the Government or in accordance with the terms of any general authority given to it by the Government,- (a)\tborrow money in Bangladesh or foreign currency for all or any of the purposes of the Corporation; 2 * * * 3(aa) \tsecure the payment of any sum borrowed under clause (a) by hypothecation or mortgage of any aircraft owned by the Corporation; (b) \traise capital by the issue of bonds, debentures and debenture-stock. (2) The Government may guarantee, in such manner and on such conditions as it thinks fit, the redemption or repayment of, and the payment of interest on, any bonds, debentures or debenture-stock issued by the Corporation.",
"name": "Borrowing powers",
"related_acts": "",
"section_id": 17
},
{
"act_id": 543,
"details": "18. The Corporation shall, at least three months before the expiry of a financial year, submit to the Government for approval a statement, to be called the Annual Budget Statement; in the prescribed form for the next financial year showing the estimated receipts and expenditure during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 18
},
{
"act_id": 543,
"details": "19. (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 the accounting principles and established practices and 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 of the Corporation and shall examine it together with the accounts and vouchers relating thereto, and shall have a list delivered to him of all books kept by the Corporation, and shall, at all reasonable times, have access to the books of accounts and other documents of the Corporation, and may in relation to such accounts examine any Director or officer of the Corporation. (4) The auditors shall report to the Government on the accounts examined by them and on every statement of account, profit and loss account and balance sheet and in their report they shall state- (a)\twhether or not they have obtained all the information and explanations called for by them; (b)\twhether or not, in their opinion, the books of accounts have been kept and the annual statement of account, profit and loss account and balance sheet are drawn up in accordance with the provisions of this Ordinance and the rules made, and the directions issued, thereunder; (c)\twhether or not such statement of account, profit and loss account and balance sheet exhibit a true and fair view of the Corporation's affair; and (d)\twhether or not there is any scope for effecting economy in any matter or for increasing the income of the Corporation. (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 Corporation for the protection of the interest of its shareholders and creditors or upon the sufficiency of the information and other means placed at the disposal of the auditors in auditing the accounts of the Corporation. (6) If the Corporation has sponsored any company under section 24 the statement of accounts, profit and loss accounts, balance sheet and auditor's report of such company shall be appended to the balance sheet of the Corporation together with a statement showing the manner in which the profits and losses of the company have been dealt with in the accounts of the Corporation and the provision made for the losses of the company, if any, in the accounts of the company and also of the Corporation.",
"name": "Accounts and audit",
"related_acts": "442",
"section_id": 19
},
{
"act_id": 543,
"details": "20. (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, within six months after the end of every financial year, furnish to the Government a statement of accounts audited by the auditors under section 19 and a report of the Board thereon together with an annual report on the conduct of its affairs for that year showing specifically the amount, if any, recommended to be paid as dividend and the amount provided for the reserve funds. (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, etc.",
"related_acts": "",
"section_id": 20
},
{
"act_id": 543,
"details": "21. The Corporation shall, at such time before the beginning of every financial year as the Government may direct, submit to the Government for approval- (a)\tits programme of operation and development of air transport services and other activities during that year; (b)\tthe financial estimates for the implementation of such programme; and (c) \tits proposal for investment of capital and increase in the strength of its staff during that year and the financial estimates in respect thereof.",
"name": "Programme of operation, etc.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 543,
"details": "22. (1) The annual general meeting of the shareholders shall be held at the head office of the Corporation within nine months from the date on which the annual accounts of the Corporation are closed. (2) Any other general meeting of the shareholders may be convened by the Board at any time. (3) The shareholders present at the annual general meeting shall be entitled to discuss and adopt or make recommendations to the Board with regard to the annual accounts, the annual report of the Board on the working of the Corporation and the auditors' report on the annual balance sheet and accounts.",
"name": "Annual general meeting",
"related_acts": "",
"section_id": 22
},
{
"act_id": 543,
"details": "23. (1) Out of its profits, the Corporation shall establish a general reserve fund and create from time to time such other special reserve as the Board may determine. (2) After making provisions for interest, taxes, bad and doubtful debts, depreciation of assets, maintenance of reserves and any other matter determined by the Board, the Corporation may declare a dividend out of the profits accruing in a year.",
"name": "Reserve fund",
"related_acts": "",
"section_id": 23
},
{
"act_id": 543,
"details": "24. (1) The Corporation may, with the previous approval of the Government, sponsor limited companies for carrying out any of the purposes of this Ordinance, hold shares in such companies and regulate the manner in which the shares thereof may be subscribed by the public. (2) The Board may, with the previous approval of the Government, and on such terms and conditions as the Government may determine, disinvest any share held by it in any company sponsored by it.",
"name": "Formation of new companies",
"related_acts": "",
"section_id": 24
},
{
"act_id": 543,
"details": "25. (1) The Chairman, Managing Director and other Directors shall be indemnified by the Corporation against all losses and expenses incurred by them in the discharge of their duties except such as are caused by their 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 employee of the Corporation for any loss or expense resulting to the Corporation by reason of the insufficiency or deficiency in value of or title to any property or security acquired or taken on behalf of the Corporation, or by the wrongful act of any person under a liability to the Corporation, or by anything done by him in good faith in execution of the duties of his office.",
"name": "Indemnity of Directors",
"related_acts": "",
"section_id": 25
},
{
"act_id": 543,
"details": "26. No suit, prosecution or other legal proceedings shall lie against the Government or the Chairman, the Managing Director or any other Director or any officer, adviser, consultant or employee of the Corporation for anything which in good faith is done or intended to be done under this Ordinance.",
"name": "Protection of action taken in good faith",
"related_acts": "",
"section_id": 26
},
{
"act_id": 543,
"details": "27. The Chairman, the Managing Director and other Directors, officers, advisers or employees of the Corporation shall, while acting or purporting to act in pursuance of the provisions of this Ordinance, or the rules or regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Penal Code (XLV of 1860).",
"name": "Public servants",
"related_acts": "",
"section_id": 27
},
{
"act_id": 543,
"details": "28. No provision of law relating to the winding up of companies or corporations shall apply to the Corporation and the Corporation shall not be wound up save by an order of the Government and in such manner as the Government may direct.",
"name": "Winding up of the Corporation",
"related_acts": "",
"section_id": 28
},
{
"act_id": 543,
"details": "4 28A.(1) Notwithstanding anything contained to the contrary in this Ordinance, Government may, in public interest, convert the Corporation into a public limited company under the Company Act, 1994 (Act no. XVIII of 1994) কোম্পানী আইন, ১৯৯৪ (১৯৯৪ সনের ১৮ নং আইন). (2) The Government may, by agreement, transfer the entire undertaking of the Corporation to the Company referred to in sub-section (1) on such terms and conditions as may be specified in the agreement. (3) As soon as the Corporation has been converted into a public limited company and undertaking of the Corporation has been transferred to the Company, the Government shall notify the fact in the official Gazette and shall, by the same notification, declare that the corporation has been dissolved. Explanation: The word \"undertaking of the Corporation'' includes its employees, business, projects, schemes, assets, rights, powers, authorities and privileges, its properties, movable and immovable, reserve funds, investments, deposits, borrowings, liabilities and obligations of whatever nature. (4) The Government may, for the purpose of removing any difficulty in relation to the transfer of the undertaking of the Corporation under sub-section (2) or the dissolution thereof under sub-section (3), make, by a notification published in the official Gazette, 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 Ordinance.",
"name": "Conversion of the corporation into a public limited company",
"related_acts": "788",
"section_id": 29
},
{
"act_id": 543,
"details": "29. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 30
},
{
"act_id": 543,
"details": "30. (1) The Board may, with the previous sanction of the Government, make regulations, not inconsistent with the provisions of this Ordinance 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 Ordinance. (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": 31
},
{
"act_id": 543,
"details": "31. (1) The Bangladesh Biman Order, 1972 (P.O. No. 126 of 1972), hereinafter referred to as the said Order, is hereby repealed. (2) Upon the repeal of the said Order- (a) \tall assets, rights, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, works, vehicles, workshops, aircrafts, cash balance, reserve funds, bank deposits, investments and all other rights and interests in, or arising out of, such property of the Bangladesh Biman established by the said Order, hereinafter referred to as the Biman, shall stand transferred to, and vest in, the Corporation; (b) \tall debts and liabilities incurred, all obligations undertaken, all contracts entered into and all agreements made by or with the Biman before such repeal shall be deemed to have been incurred, undertaken, entered into or made by or with the Corporation; (c) \tall suits and other legal proceedings instituted by or against the Biman before such repeal shall be deemed to have been instituted by or against the Corporation and may be continued or proceeded with accordingly; (d) \tall officers, consultants, advisers, auditors and other employees of the Biman shall stand transferred to the Corporation and shall be deemed to have been appointed or engaged by the Corporation on the same terms and conditions as were applicable to them immediately before such repeal: Provided that the Government or the Corporation may alter their remuneration or terms and conditions of service whenever it deems fit so to do. (3) The Government may, for the purpose of removing any difficulty in relation to the transfer or other matter specified in sub-section (2), 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 Ordinance.",
"name": "Repeal and savings",
"related_acts": "1461",
"section_id": 32
}
],
"text": "An Ordinance to provide for the establishment of the Bangladesh Biman Corporation. WHEREAS it is expedient to provide for the establishment of a Corporation for the purpose of ensuring proper operation and development of air transport services and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 544,
"lower_text": [],
"name": "The Appropriation Ordinance, 1977",
"num_of_sections": 3,
"published_date": "27th June, 1977",
"related_act": [
544
],
"repelled": false,
"sections": [
{
"act_id": 544,
"details": "1. This Ordinance may be called the Appropriation Ordinance, 1977.",
"name": "Short title",
"related_acts": "544",
"section_id": 1
},
{
"act_id": 544,
"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 four thousand three hundred twelve crores, thirty lakhs and twenty-three thousand towards defraying several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1978, in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 4312,30,23,000 out of the Consolidated Fund for the year 1977-78",
"related_acts": "",
"section_id": 2
},
{
"act_id": 544,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Ordinance 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, 1978.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Ordinance to authorise expenditure of certain sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1978. WHEREAS it is expedient to authorise expenditure of certain sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1978; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 545,
"lower_text": [],
"name": "The Appropriation (Supplementary) Ordinance, 1977",
"num_of_sections": 3,
"published_date": "27th June, 1977",
"related_act": [
545
],
"repelled": false,
"sections": [
{
"act_id": 545,
"details": "1. This Ordinance may be called the Appropriation (Supplementary) Ordinance, 1977.",
"name": "Short title",
"related_acts": "545",
"section_id": 1
},
{
"act_id": 545,
"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 hundred twenty-four crores , thirty-eight lakhs and fifty-one thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1977, in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 124,38,51,000 out of the Consolidated Fund for the year 1976-77",
"related_acts": "",
"section_id": 2
},
{
"act_id": 545,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Ordinance 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, 1977.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Ordinance to authorise expenditure 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, 1977. WHEREAS it is expedient to authorise expenditure 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, 1977; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 546,
"lower_text": [
"1 Sub-clauses (a) and (b) were substituted by section 2 of the Finance (Amendment) Ordinance, 1977 (Ordinance No. XXVII of 1977)"
],
"name": "The Finance Ordinance, 1977",
"num_of_sections": 16,
"published_date": "27th June, 1977",
"related_act": [
546,
354,
522,
76,
206,
218
],
"repelled": false,
"sections": [
{
"act_id": 546,
"details": "1. (1) This Ordinance may be called the Finance Ordinance, 1977. (2) Except as otherwise provided in this Ordinance, this section and sub-clause (c) of clause (11) of section 5, section 8 and clause (7) of section 9 shall come into force at once, and other sections shall come into force on the first day of July, 1977.",
"name": "Short title and commencement",
"related_acts": "546",
"section_id": 1
},
{
"act_id": 546,
"details": "2. The following amendment shall be made in the Opium Act, 1878 (I of 1878), namely:- throughout the Act, for the word “Excise” wherever occurring the words “Narcotics and Liquor” shall be substituted.",
"name": "Amendment of Act I of 1878",
"related_acts": "",
"section_id": 2
},
{
"act_id": 546,
"details": "3. In the Post Office Act, 1898 (VI of 1898), for the First Schedule thereto the Schedule set out in the First Schedule to this Ordinance shall be substituted.",
"name": "Amendment of Act VI of 1898",
"related_acts": "76",
"section_id": 3
},
{
"act_id": 546,
"details": "4. The following amendments shall be made in the Excise Act, 1909 (Ben. Act V of 1909), namely:- (1) throughout the Act, unless otherwise specified,- (a) \tfor the words “Excise Department” wherever occurring the words “Department of Narcotics and Liquor” shall be substituted; (b) \tfor the words “Director of Taxation and Excise” and the word “Director” wherever occurring the words “Controller of Narcotics and Liquor” and the word “Controller” shall respectively be substituted; (c)\tfor the words “Excise Officer” wherever occurring the words “Narcotics and Liquor Officer” shall be substituted; (d)\tfor the words “excise-revenue” wherever occurring the words “narcotics and liquor revenue” shall be substituted; (2)\tin section 2, for sub-section (6b) the following shall be substituted, namely:- “(6b) “Controller” means the Controller of Narcotics and Liquor appointed under clause (a) of sub-section (2) of section 7;”; (3)\tin section 7, in sub-section (2), for clause (a) the following shall be substituted, namely:- “(a)\tappoint a person to be the Controller of Narcotics and Liquor, who shall, subject to such control as the Government may direct, have control of the administration of the Department of Narcotics and Liquor and the collection of the narcotics and liquor revenue;”; (4)\tin section 65, in sub-section (1), for the words “Inspector of Excise” the words “Superintendent of Narcotics and Liquor” shall be substituted; (5)\tin section 67, in clause (a), for the word “Excise” the words “Narcotics and Liquor” shall be substituted; and (6)\tin section 71, in sub-section (1), for the word “Excise” the words “Narcotics and Liquor” shall be substituted.",
"name": "Amendments of Ben. Act V of 1909",
"related_acts": "",
"section_id": 4
},
{
"act_id": 546,
"details": "5. following amendments shall be made in the Income-tax Act, 1922 (XI of 1922), namely:- (1) in section 2, in clause (6AA),- (a) the words, brackets, letter and figures “or a firm treated as registered under clause (b) of sub-section (5) of section 23” shall be omitted; (b) after sub-clause (a), the following new sub-clause (aa) shall be inserted, namely:- “(aa) which is chargeable under the head “Agricultural income” other than the rent and revenue, including any local cess or rates, derived from land; or”; (2) in section 4,- (a) sub-section (2) shall be omitted; (b) in sub-section (3),- (i) in clause (xii), for sub-clause (g) the following shall be substituted and shall be deemed to have been so substituted on and from the first day of July, 1976, namely:- “(g) in 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 which 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 condition that the plinth area of the building is not more than two thousand square feet. The exemption under this sub-clause shall also apply in the case of housing companies, societies and estates where the construction comprises bungalows, flats, apartments or units (hereinafter referred to as units) each containing plinth area of not more than two thousand square feet provided the construction comprises not less than twenty five units.”; (ii) after clause (xiv), a new clause (xiva), shall be inserted, namely:- “(xiva) Any income from dividends received by an assessee (other than a company), subject to the following limits, namely:- (a) where such dividend income does not exceed five thousand Taka, the whole of such income; (b) where such dividend income exceeds five thousand Taka, five thousand Taka;”; (3) in section 10,- (a) in sub-section (2),- (i) after clause (via), the following new clause (vib) shall be inserted, namely:- “(vib) in respect of any machinery or plant (other than office appliances and road transport vehicles) which, not having been previously used in the taxable territories, is used in an industrial undertaking set up in the taxable territories between the first day of July, 1977, and the thirtieth day of June, 1982 (both days inclusive), an amount by way of accelerated depreciation, in respect of the specified year equivalent to eighty per cent, and in respect of the year next following, twenty per cent, of the actual cost of such machinery or plant to the assessee. Explanation.-In this clause, “specified year” means the year in which the industrial undertaking starts commercial production: Provided that, in the case of machinery or plant of an industrial undertaking set up in such areas as may be specified by the National Board of Revenue by notification in the official Gazette, this clause shall have effect as if for the words “eighty per cent” the words “hundred per cent” were substituted: Provided further that the industrial undertaking shall fulfil 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 its registered office or head office in the taxable territories; (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 an application for accelerated depreciation under this clause 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 along with a declaration in writing that it has not been approved by or has not applied for such approval or shall not apply for such approval under section 14A to the National Board of Revenue: Provided further that no allowance under this clause shall be allowed unless the prescribed particulars have been furnished by the assessee in respect of such machinery or plant: Provided further that where in the assessment of the assessee full effect cannot be given to such allowance in the specified year owing to there being no profits or gains chargeable for that year, or owing to the profits or gains being less than the allowance, the allowance or part of the allowance to which effect has not been given, as the case may be, shall be carried forward to the succeeding years till such time as the entire allowance on this account is adjusted against the profits: Provided further that the machinery or plant to which the accelerated depreciation has been allowed shall not be entitled to the allowances as referred to in clause (vi);”; (ii) after clause (vii), the following new clause (viia) shall be inserted, namely:- “(viia) an investment allowance equivalent to twenty per cent of the cost of machinery or plant of an industrial undertaking referred to in clause (vib) in respect of the year in which the industrial undertaking starts commercial production : Provided that, in the case of machinery or plant of an industrial undertaking set up in such areas as may be specified by the National Board of Revenue by notification in the official Gazette, this clause shall have effect as if for the words “twenty per cent” the words “twenty-five per cent” were substituted;”; (b) in sub-section (4), in clause (d), for the words “thirty per cent of the salary of such employee” the words “fifty per cent of the salary of such employee or fifty thousand Taka, whichever is the less” shall be substituted; (c) in sub-section (5), in clause (b), in the third proviso, for the words “one lakh” the words “one and a half lakh” shall be substituted; (4) in section 14A, in sub-section (2A), in the proviso, for the words “seven years” the words “nine years” shall be substituted and shall be deemed to have been so substituted on and from the first day of July, 1976; (5) in section 15, in sub-section (3),- (a) for the word “fifteen” the word “twenty” shall be substituted; (b) in the first proviso, the word “any” shall be omitted and shall be deemed to have been so omitted on and from the first day of July, 1971; (c) in the second proviso, the words “any assessment” the words “assessment for the” shall be substituted; (6) in section 18, after sub-section (2B), the following new sub-section (2C), shall be inserted, namely:- “(2C) The person responsible for paying to any person any income by way of winnings from any lottery or crossword puzzle any amount exceeding Taka two thousand shall, at the time of payment thereof, deduct income-tax thereon at the rates in force.”; (7) in section 18A, in sub-section (8), for the words “no payment of tax has been made” the words “payment of tax has not been made” shall be substituted; (8) in section 23, in sub-section (5), clause (b) shall be omitted; (9) in section 23B, in sub-section (1), for the brackets, figures and words “(i) the allowance referred to in paragraph (b) of the proviso to clause (vi)” the brackets, figures and words “(i) the allowances referred to in paragraph (b) of the proviso to clause (vi) and clause (vib)” shall be substituted; (10) in section 24,- (a) in sub-section (1), in the second proviso, the words “which has not been assessed under the provisions of clause (b) of sub-section (5) of section 23 in the manner applicable to the registered firm” shall be omitted; (b) in sub-section (2),- (i) in clause (c), the words, commas, brackets, letter and figures “or entitle any assessee, being a partner in an unregistered firm which has not been assessed under the provisions of clause (b) of sub-section (5) of section 23 in the manner applicable to a register firm,” shall be omitted; (ii) clause (d) shall be omitted; (iii) in Explanation 2, in paragraph (a), the words, brackets, letter and figures “or is treated as a registered firm in such year under clause (b) of sub-section (5) of section 23” shall be omitted; (c) after sub-section (2A), the following new sub-section (2AA) shall be inserted and shall be deemed to have been so inserted with effect on and from the first day of July, 1976, namely:- “(2AA) Where any assessee sustains a loss of profits or gains in any year under the head “Agricultural income” and the loss cannot be wholly set off under sub-section (1), so much of the loss as is not set off, or the whole of the loss where the assessee has no income under any other head, shall be carried forward to the following year and set off against the profits and gains, if any, of such agricultural income and if the loss in either case cannot be wholly set off the amount of loss not so set off shall be carried forward to the next year and so on but no loss shall be carried forward for more than six years: Provided that the loss determined as respects any assessment prior to the year beginning on the first day of July, 1976, and any amount not set off shall be carried forward to the next year and set off against the profits and gains, if any, of such agricultural income, chargeable under this Act and if the loss cannot be wholly 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 to more than six years from the year in which the assessee sustained such loss.”; (11) in section 34,- 1(a) in sub-section (1A), in clause (c), for the full stop at the end a colon shall be substituted and thereafter the following shall be added, namely:- 'Provided that as respect any assessment year beginning on the first day of July, 1974, the provision of this clause shall have effect as if for the word “four” the word “three” were substituted.'; (b) in sub-section (2), in the proviso, in clause (i), in sub-clause (e), for the full stop at the end a semi-colon and the word “; and” shall be substituted and thereafter the following new sub-clause (f) shall be added namely:- '(f) in relation to the income, profits, or gains which were first assessable in any year beginning with the year 1974-75, the words “three years” were substituted.';” (c) after sub-section (2B), the following new sub-section (2BB) shall be inserted, namely:- “(2BB) Notwithstanding anything contained in sub-section (2), the provision relating to the time limit within which an assessment or re-assessment may be made, shall not apply to the making of assessment or re-assessment as respects any year beginning on and from the first day of July, 1969, up to the assessment year ending on the thirtieth day of June, 1976, in respect of which the return of income is furnished in pursuance of the Press Note dated the sixteenth day of February, 1977, issued by the National Board of Revenue.”; (12) after section 38A, the following new section 38AA shall be inserted, namely:- “38AA. Power to call for information-. (1) Notwithstanding anything contained in any other provisions of this Act, the Commissioner of Taxes and the Inspecting Joint Commissioner of Taxes may make any enquiry which they consider necessary as respects any person liable or believed by them to be liable to assessment under this Act or require any such person to produce or cause to be produced any accounts or documents which they consider necessary, and shall have the same powers for the purpose of making any such enquiry or requiring the production of accounts or documents under this Act as the Deputy Commissioner of Taxes has. (2) The Commissioner of Taxes, the Inspecting Joint Commissioner of Taxes, the Deputy Commissioner of Taxes or an Inspector of Taxes, if so authorised in writing, may, for the purpose of making any inquiry which he considers necessary, enter the premises in which a person liable or believed by him to be liable to assessment carries on his business, profession or vocation, and may call for and inspect any such person's accounts or any documents in his possession and may stamp any accounts or documents so inspected and may retain such accounts or documents for so long as may be necessary for examination thereof or for the purposes of a prosecution: Provided that the Deputy Commissioner of Taxes, or an Inspector of Taxes, shall not make any enquiries from any Scheduled Bank regarding any client of such Bank except with the prior approval of the Commissioner of Taxes.”; (13) in section 66, for the words “High Court Division” and “Appellate Division” wherever occurring the words “High Court” and “Supreme Court” shall respectively be substituted; (14) in section 66A,- (a) for the words “High Court Division” and “Appellate Division” wherever occurring the words “High Court” and “Supreme Court” shall respectively be substituted; and (b) in sub-section (3), in the second proviso, for the words “Supreme Court” the words “High Court” shall be substituted.",
"name": "Amendments of Act XI of 1922",
"related_acts": "",
"section_id": 5
},
{
"act_id": 546,
"details": "6. The following amendments shall be made in the Dangerous Drugs Act, 1930 (II of 1930), namely:- throughout the Act,- (1) for the words “Excise Department” wherever occurring the words “Department of Narcotics and Liquor” shall be substituted; and (2) in section 23, in sub-section (1), for the words “Department of Excise” the words “Department of Narcotics and Liquor” shall be substituted.",
"name": "Amendments of Act II of 1930",
"related_acts": "",
"section_id": 6
},
{
"act_id": 546,
"details": "7. The following amendments shall be made in the Opium Smoking Act, 1932 (Ben. Act X of 1932), namely:- (1) throughout the Act, unless otherwise specified,- (a)\tfor the words “an Excise Officer” wherever occurring the words “a Narcotics and Liquor Officer” shall be substituted; (b)\tfor the words “Superintendent of Excise” wherever occurring the words “Assistant Controller of Narcotics and Liquor” shall be substituted; (2) \tin section 10, for the word “Sub-Inspector” the words “Inspector of Narcotics and Liquor” shall be substituted; (3) in section 11, in sub-section (2), for the words “a Superintendent of Excise” the words “an Assistant Controller of Narcotics and Liquor” shall be substituted.",
"name": "Amendments of Ben. Act X of 1932",
"related_acts": "",
"section_id": 7
},
{
"act_id": 546,
"details": "8. The amendments set out in the Second Schedule to this Ordinance shall be made in the Tariff Act, 1934 (XXXII of 1934).",
"name": "Amendments of Act XXXII of 1934",
"related_acts": "",
"section_id": 8
},
{
"act_id": 546,
"details": "9. The following amendments shall be made in the Excises and Salt Act, 1944 (I of 1944), namely:- (1) in section 3,- (a)\tfor sub-section (4) the following shall be substituted, namely:- “(4)\tWith the prior approval of the Government, the National Board of Revenue may, in lieu of levying and collecting under sub-section (1) duties of excise on excisable goods and services, by notification in the official Gazette, levy and collect duties on the capacity of plants, machinery, undertakings, establishments, installations or premises producing or manufacturing such goods, or providing or rendering such services; and such notifications shall specify- (a) \tthe guiding principles for the determination of capacity, (b)\tthe capacity, as determined in accordance with such guiding principles of the plants, machinery, undertakings, establishments, installations or premises affected by it, (c)\tthe duty or the rate of duty on such capacity as determined, and (d)\tthe manner of collection of such duty.”; (b)\tfor sub-section (5) the following shall be substituted, namely:- “(5)\tThe capacity of any plant or machinery or part thereof or establishments or premises producing or manufacturing excisable goods, or providing or rendering excisable services, specified in a notification under sub-section (4) shall, upon an application made to the Government within thirty days of the notification by any aggrieved person, be reviewed by a Standing Tribunal constituted under sub-section (6) to which the application shall be referred; and the decision of the Standing Tribunal confirming, reducing or increasing the capacity shall be final.”; (2) \tin section 12, after the word and figure “section 3” at the end, the words, figure and letter “or section 3A” shall be inserted; (3) \tin section 35, in sub-section (1), in the first 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 appellate authority may admit an appeal after the expiration of the aforesaid period, not exceeding two months from the date of such expiration, if he is satisfied that the appellant has sufficient cause for not presenting it within that period.”; (4) \tin section 36, in the first 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 Government may admit an application after the expiration of the aforesaid period, not exceeding one hundred and twenty days from the date of such expiration, if the Government is satisfied that the appellant has sufficient cause for not presenting the application within that period.”; (5) \tafter section 36, the following new section 36A shall be inserted, namely:- “36A. \tAppearance by authorised representative.- (1) Any person who is entitled or required to attend before any excise officer, an appellate authority, Standing Tribunal, the National Board of Revenue, or the Government in any proceedings under this Act, or any rules made thereunder otherwise than when required, under law to attend personally, may attend in such proceedings by a person authorised by him in writing in this behalf, being a relative of, or a person regularly employed by, the aggrieved person, or a lawyer who is entitled to plead in any Court of Law, or an excise consultant as defined and licensed under rules prescribed in this behalf, and not being disqualified by or under sub-section (2). (2) \tNo person who has been dismissed from Government service shall be qualified to represent a person under sub-section (1); and if any lawyer or excise consultant is found guilty of misconduct in connection with any excise proceedings by the authority empowered to take disciplinary action against members of the profession to which he belongs, or if any other person is found guilty of such misconduct by the Collector of Excise, the Collector or Excise may direct that he shall be thenceforward disqualified to represent a person under sub-section (1); Provided that- (a)\tno such direction shall be issued in respect of any person unless he is given a reasonable opportunity of being heard, (b)\tany person against whom such direction is issued may, within one month from the date of receipt of the direction, appeal to the National Board of Revenue to have the direction cancelled, and (c)\tno such direction shall take effect until one month from the date of receipt thereof by the person concerned or, when an appeal is preferred, until the disposal of the appeal.”; (6) \tin section 37, in sub-section (2), after clause (iv), the following new clause (iva) shall be inserted, namely:- “(iva) regulate the removal and movement of such imported goods as cannot be distinguished from any excisable goods of the same description;”; and (7) \tthe First Schedule shall be amended in the manner set out in the THIRD SCHEDULE to this Ordinance.",
"name": "Amendments of Act I of 1944",
"related_acts": "206",
"section_id": 9
},
{
"act_id": 546,
"details": "10. The following amendments shall be made in the Estate Duty Act, 1950 (X of 1950), namely:- (1) in section 2,- (a)\tfor clause (5A) the following shall be substituted, namely:- (5A) “Controller” means a person exercising the powers of Controller of Estate Duty under section 3A and includes a person appointed to be an Inspecting Joint Controller of Estate Duty and Deputy Controller of Estate Duty;”; (b)\tafter clause (6), the following new clause (6A) shall be inserted, namely:- “(6A) “Deputy Controller” means a person exercising the powers of a Deputy Controller of Estate Duty under section 3A;”; (c)\tafter clause (10), the following new clause (10A) shall be inserted, namely:- “(10A)\t“Inspecting Joint Controller” means a person exercising the powers of an Inspecting Joint Controller of Estate Duty under section 3A;”; (2) \tin section 3A, for sub-sections (1) and (2) the following shall be substituted, namely:- “(1) Every Commissioner of Taxes, Inspecting Joint Commissioner of Taxes and Deputy Commissioner of Taxes shall exercise the powers of a Controller of Estate Duty, Inspecting Joint Controller of Estate Duty and Deputy Controller of Estate Duty, respectively, under this Act and in relation to such area or areas, and such person or class of such persons as he exercises under the Income-tax Act, 1922 (XI of 1922). (2) Notwithstanding anything contained in sub-section (1), the Board may appoint any person by name or by virtue of office to exercise the powers of a Controller of Estate Duty, Inspecting Joint Controller of Estate Duty or Deputy Controller of Estate Duty in respect of any area or areas or in respect of any person or class of persons and a person so appointed shall have concurrent jurisdiction with the authority mentioned in sub-section (1) or exclusive jurisdiction as the Board may direct.”; (3) \tin section 25A, in clause (3),- (a) \tin the first proviso, for the words “three lakh” the words “five lakh” shall be substituted; (b) \tthe second proviso shall be omitted; (4) \tin section 58BB, for the words “High Court Division” the words “High Court” shall be substituted; (5) \tin section 59A, for the words “High Court Division” wherever occurring the words “High Court” shall be substituted; (6) \tin section 59B,- (a)\tfor the words “High Court Division” and “Appellate Division” wherever occurring the words “High Court” and “Supreme Court” shall respectively be substituted; (b)\tin sub-section (3), in the second proviso, for the words “Supreme Court” the words “High Court” shall be substituted; (7) for the Schedule the following shall be substituted, namely:- “THE SCHEDULE See section 4 Rates of Estate Duty Rate. 1. Where the principal value of the estate does not exceed Taka 2,00,000. Nil. 2. Where the principal value of the estate exceeds Taka 2,00,000 but does not exceed Taka 5,00,000. 5% of the amount exceeding Taka 2,00,000. 3. Where the principal value of the estate exceeds Taka 5,00,000 but does not exceed Taka 8,00,000. Taka 15,000 plus 7½% of the amount exceeding Taka 5,00,000. 4. Where the principal value of the estate exceeds Taka 8,00,000 but does not exceed Taka 12,00,000. Taka 37,500 plus 10% of the amount exceeding Taka 8,00,000. 5. Where the principal value of the estate exceeds Taka 12,00,000 but does not exceed Taka 16,00,000. Taka 77,500 plus 12½% of the amount exceeding Taka 12,00,000. 6. Where the principal value of the estate exceeds Taka 16,00,000 but does not exceed Taka 20,00,000. Taka 1,27,500 plus 15% of the amount exceeding Taka 16,00,000. 7. Where the principal value of the estate exceeds Taka 20,00,000 but does not exceed Taka 25,00,000. Taka 1,87,500 plus 20% of the amount exceeding Taka 20,00,000. 8. Where the principal value of the estate exceeds Taka 25,00,000 but does not exceed Taka 30,00,000. Taka 2,87,500 plus 25% of the amount exceeding Taka 25,00,000. 9. Where the principal value of the estate exceeds Taka 30,00,000 but does not exceed Taka 35,00,000. Taka 4,12,500 plus 30% of the amount exceeding Taka 30,00,000. 10. Where the principal value of the estate exceeds Taka 35,00,000 but does not exceed Taka 40,00,000. Taka 5,62,500 plus 35% of the amount exceeding Taka 35,00,000. 11. Where the principal value of the estate exceeds Taka 40,00,000 but does not exceed Taka 50,00,000. Taka 7,37,500 plus 40% of the amount exceeding Taka 40,00,000. 12. Where the principal value of the estate exceeds Taka 50,00,000. Taka 11,37,500 plus 50% of the amount exceeding Taka 50,00,000.”",
"name": "Amendments of Act X of 1950",
"related_acts": "",
"section_id": 10
},
{
"act_id": 546,
"details": "11. The following amendments shall be made in the Sales Tax Act, 1951 (III of 1951), namely:- (1) \tin section 17, for the words “High Court Division” and “Appellate Division” wherever occurring the words “High Court” and “Supreme Court” shall respectively be substituted; (2)\tin section 18, for the words “High Court Division” the words “High Court” shall be substituted; (3)\tin section 27, for sub-section (2A) the following shall be substituted, namely:- “(2A) Subject to such conditions, limitations or restrictions as it thinks fit to impose, the Board may, in such general cases as may be prescribed or in particular cases by special order, authorise the repayment in whole or in part, of the sales tax paid on such goods manufactured or produced in Bangladesh, or on raw materials used in the manufacture or production of such goods, as have been exported out of Bangladesh.”.",
"name": "Amendments of the Act III of 1951",
"related_acts": "",
"section_id": 11
},
{
"act_id": 546,
"details": "12. The following amendments shall be made in the Gift-tax Act, 1963 (XIV of 1963), namely:- (1)\tin section 26, for the words “High Court Division” and “Appellate Division” wherever occurring the words “High Court” and “Supreme Court” shall respectively be substituted; (2)\tin section 27, for the words “High Court Division” wherever occurring the words “High Court” shall be substituted; (3)\tin section 28,- (a)\tfor the words “Appellate Division” and “High Court Division” wherever occurring the words “Supreme Court” and “High Court” shall respectively be substituted; (b)\tin sub-section (3), for the words “Supreme Court” the words “High Court” shall be substituted.",
"name": "Amendments of Act XIV of 1963",
"related_acts": "",
"section_id": 12
},
{
"act_id": 546,
"details": "13. The following amendments shall be made in the Wealth-tax Act, 1963 (XV of 1963), namely:- (1) \tin section 27, for the words “High Court Division” and “Appellate Division” wherever occurring the words “High Court” and “Supreme Court” shall respectively be substituted; (2)\tin section 28, for the words “High Court Division” the words “High Court” shall be substituted; (3)\tin section 29,- (a)\tfor the words “Appellate Division” and “High Court Division” wherever occurring the words “Supreme Court” and “High Court” shall respectively be substituted; (b)\tin sub-section (3), for the words “Supreme Court” the words “High Court” shall be substituted; (4)\tfor the Schedule the following shall be substituted, namely:- “THE SCHEDULE See section 3 Rates of Wealth-Tax Rate 1. On the first Taka five lakh 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 four lakh of net wealth. Nil 2. On the next Taka three lakh of net wealth .. .. ½% 3. On the next Taka five lakh of net wealth .. .. 1% 4. On the next Taka five lakh of net wealth .. .. 1½% 5. On the next Taka five lakh of net wealth .. .. 2% 6. On the balance of net wealth .. .. .. 2½%”.",
"name": "Amendments of Act XV of 1963",
"related_acts": "",
"section_id": 13
},
{
"act_id": 546,
"details": "14. The following amendments shall be made in the Customs Act, 1969 (IV of 1969), namely:- (1)\tfor section 30 the following shall be substituted, namely:- “30. \tDate for determination of import duty.- (1) The rate of duty applicable to, and the rate of exchange for computation of the value of, any imported goods shall be the rate of duty or, as the case may be, the rate of exchange prevailing on the date of the delivery of the bill of entry to the appropriate officer : Provided that, if such goods have been warehoused under this Act, the rate of duty applicable to, and the rate of exchange for computation of the value of, such goods shall be the rate of duty or, as the case may be, the rate of exchange applicable at the time of the actual removal of such goods from the warehouse for home consumption, and, in the case of goods delivered out of a warehouse for removal under bond to be re-warehoused, on which duty is paid in the event of their not being so re-warehoused the rate of duty or, as the case may be, the rate of exchange applicable at the time of the payment of duty. (2) For the purposes of this section and section 109,- (a)\t“rate of exchange” means the rate of exchange determined by the Government for the conversation of Bangladesh currency into foreign currency or foreign currency into Bangladesh currency; (b)\t“foreign currency” and “Bangladesh currency” have the meanings respectively assigned to them in the Foreign Exchange Regulation Act, 1947 (VII of 1947).”; (2) in section 79, in sub-section (1), in the proviso, for the words and comma “full information, to make a complete entry of any goods” the words “such information as is essential for submitting a bill of entry” shall be substituted; (3) \tfor section 109 the following shall be substituted, namely:- “109. Re-assessment on alteration of duty.- If any goods have been entered for warehousing and assessed under section 80 but the rate of duty applicable thereto or the rate of exchange for the computation of the value thereof is subsequently altered, such goods shall be reassessed on the basis of the altered rate of duty or, as the case may be, rate of exchange and a new bond shall be executed by the owner in accordance with the provisions of section 86 to replace the bond originally executed by him.”; (4) \tfor section 193 the following shall be substituted, namely:- “193. Appeals.- Any person aggrieved by any decision or order passed by an officer of customs under this Act, not being an order passed under section 82 or section 98, may, within three months of the date of such decision or order, appeal therefrom to the Board, or, in such cases as the Government directs, to any officer of customs not lower in rank than a Deputy Collector of Customs, and the appellate authority may thereupon make such further inquiry as it may consider necessary, and, after giving him an opportunity of being heard if he so desires, pass such order as it thinks fit, confirming, altering or annulling the decision or order appealed against: Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of three months, allow it to be presented within a further period of two months: Provided further that no order confiscating goods of greater value, or enhancing any fine in lieu of confiscation, or imposing or enhancing any penalty, or requiring payment of any duty not levied or short-levied shall be passed unless the person affected thereby has been given an opportunity of showing cause against it and of being heard in person or through a counsel or other person duly authorised by him.”; (5) for section 196 the following shall be substituted, namely:- “196. Revision by the Government.- The Government may, on the application of any person aggrieved by any decision or order passed under section 193 or section 194 by an officer of customs or the Board, or an order passed under section 195 by the Board confiscating goods of greater value or enhancing any fine in lieu of confiscation or imposing or enhancing any penalty or requiring payment of any duty not levied or short-levied, if the application is made within four months of the date of such decision or order, pass such order in relation thereto as it thinks fit : Provided that the Government may, if it is satisfied that the applicant was prevented by sufficient cause from presenting the application within the aforesaid period of four months, allow it to be presented within a further period of four months: Provided further that no order confiscating goods of greater value, or enhancing any fine in lieu of confiscation, or imposing or enhancing any penalty, or requiring payment of any duty not levied or short-levied shall be passed unless the person affected thereby has been given an opportunity of showing cause against it and of being heard in person or through a counsel or other person duly authorised by him.”; and (6) \tin Chapter XIX, after section 196, the following new section 196A shall be added, namely:- “196A. Appearance by authorised representative.- (1) Notwithstanding anything contained in this Act, any person, who is entitled or required to attend before any officer of customs, an appellate authority, the Board or the Government in any proceedings under this Act or any rules made thereunder, otherwise than when required under law to attend personally, may attend in such proceedings by a person authorised by him in writing in this behalf, being a relative of, or a person regularly employed by, the aggrieved person, or an advocate who is entitled to plead in any Court of Law, or a Customs Consultant as defined and licensed under rules prescribed in this behalf, and not being disqualified under sub-section (2). (2) \tNo person who has been dismissed from Government service shall be qualified to represent a person under sub-section (1); and if any advocate or Customs Consultant is found guilty of misconduct in connection with any customs proceedings by the authority empowered to take disciplinary action against members of the profession to which he belongs, or if any other person is found guilty of such misconduct by the Collector of Customs, the Collector of Customs may direct that he shall be thenceforward disqualified to represent a person under sub-section (1): Provided that- (a)\tno such direction shall be issued in respect of any person unless he is given a reasonable opportunity of being heard, (b)\tany person against whom such direction is issued may, within one month from the date of receipt of the direction, appeal to the Board to have the direction cancelled, and (c)\tno such direction shall take effect until one month from the date of receipt thereof by the person concerned or, when an appeal is preferred, until the disposal of the appeal.”.",
"name": "Amendments of Act IV of 1969",
"related_acts": "354,218",
"section_id": 14
},
{
"act_id": 546,
"details": "15. In the Finance Ordinance, 1976, in the Third Schedule, in Part I, in Paragraph A, in the Explanation, in clause (a), for the words “this Act” the word “this Ordinance” shall be substituted.",
"name": "Amendment of the Third Schedule, Ordinance XLV of 1976",
"related_acts": "522",
"section_id": 15
},
{
"act_id": 546,
"details": "16. (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, 1977,- (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 purpose 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, 1977,- (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 Ordinance, 1976 (XLV of 1976), 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, 1977, 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 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, 1977, 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 : 30 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 years; 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 40 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 20 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; 30 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; 40 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; 50 per cent of the income-tax and super-tax, if any, attributable to export sales. (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) raw hides and skin and wet-blue leather, (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 of the Income-tax Act, 1922 (XI of 1922), 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, 1977, and ending on the thirtieth day of June, 1978. (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 the 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": "522",
"section_id": 16
}
],
"text": "An Ordinance 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; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 547,
"lower_text": [],
"name": "The Appropriation (Railways) Ordinance, 1977",
"num_of_sections": 3,
"published_date": "27th June, 1977",
"related_act": [
547
],
"repelled": false,
"sections": [
{
"act_id": 547,
"details": "1. This Ordinance may be called the Appropriation (Railways) Ordinance, 1977.",
"name": "Short title",
"related_acts": "547",
"section_id": 1
},
{
"act_id": 547,
"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 ninety-six crores ninety-eight lakhs and ninety-three thousand towards defraying the several charges which will come in course of payment during the period beginning on the first day of July, 1977, and ending on the thirtieth day of June, 1978, in respect of Bangladesh Railways for the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 96,98,93,000 from and out of the Consolidated Fund for the period beginning on the first day of July, 1977 and ending on the thirtieth day of June, 1978",
"related_acts": "",
"section_id": 2
},
{
"act_id": 547,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Ordinance 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 Ordinance to authorise expenditure of certain sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the period beginning on the first day of July, 1977 and ending on the thirtieth day of June, 1978. WHEREAS it is expedient to authorise expenditure of certain sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the period beginning on the first day of July, 1977 and ending on the thirtieth day of June, 1978; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975 and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 548,
"lower_text": [],
"name": "The Appropriation (Railways Supplementary) Ordinance, 1977",
"num_of_sections": 3,
"published_date": "27th June, 1977",
"related_act": [
548
],
"repelled": false,
"sections": [
{
"act_id": 548,
"details": "1. This Ordinance may be called the Appropriation (Railways Supplementary) Ordinance, 1977.",
"name": "Short title",
"related_acts": "548",
"section_id": 1
},
{
"act_id": 548,
"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 six crores four lakhs and seventy-eight thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1977, in respect of Bangladesh Railways for the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 6,04,78,000 out of the Consolidated Fund for the year 1976-77",
"related_acts": "",
"section_id": 2
},
{
"act_id": 548,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Ordinance shall be appropriated in respect of Bangladesh Railways for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirtieth day of June, 1977.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Ordinance to authorise expenditure of certain further sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1977. WHEREAS it is expedient to authorise expenditure of certain further sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1977; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975 and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 549,
"lower_text": [
"1 Clause (6) was substituted by section 2 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)",
"2 Clause (9A) was omitted by section 2 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)",
"3 Clause (11A) was omitted by section 2 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)",
"4 Clause (27A) was omitted by section 2 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)",
"5 Clause (32) was substituted by section 2 of the Paurashava (Amendment) Ordinance, 1984 (Ordinance No. XI of 1984)",
"6 The words “including the Corporation” were omitted by section 2 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)",
"7 Clause (36A) was inserted by section 2 of the Paurashava (Amendment) Act, 1980 (Act No. XVIII of 1980)",
"8 The word and comma “rate,” was omitted by section 2 of the Paurashava (Amendment) Act, 1980 (Act No. XVIII of 1980)",
"9 Clause (46A) was omitted by section 2 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"10 The colon (:) was substituted for the full stop (.) and the proviso was added by section 2 of the Paurashava (Amendment) Ordinance, 1982 (Ordinance No. LVI of 1982)",
"11 Section 4A was inserted by section 2 of the Paurashava (Second Amendment) Act, 1992 (Act No. XLVI of 1992)",
"12 The full stop (.) was substituted for the colon (:) by section 3 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)",
"13 The proviso was omitted by section 3 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)",
"14 Sub-section (1) was substituted by section 3 of the Paurashava (Amendment) Ordinance, 1984 (Ordinance No. XI of 1984)",
"15 The word “elected” was omitted by section 3 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"16 Clause (bb) was inserted by section 2 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)",
"17 Clause (c) was omitted by section 3 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"18 The words, brackets, figure and comma “Subject to the provisions of sub-section (3), the Chairman and Commissioners” were substituted for the words “The Chairman and elected Commissioners” by section 3 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"19 The word “The” was substituted for the words, brackets and comma “Subject to the provision of sub-section (3), the” by section 2 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)",
"20 The full stop (.) was substituted for the colon (:) and the proviso was omitted by section 4 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)",
"21 Sub-section (3) was substituted by section 2 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)",
"22 The words “Chairman and commissioners” were substituted for the words “Chairman” by section 2 of the Paurashava (Second Amendment) Ordinance, 1978 (Ordinance No. II of 1979)",
"23 The words and comma “Term of Paurashavas, etc.” were substituted for the words “Term of Paurashavas” by section 2 of the Paurashava (Amendment) Act, 1992 (Act No. IX of 1992)",
"24 Sub-sections (1) (1A) (1B) and the explanation were substituted for former sub-section (1) by section 2 of the Paurashava (Amendment) Act, 1992 (Act No. IX of 1992)",
"25 Sub-section (1) was substituted by section 3 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)",
"26 Sub-section (1A) was omitted by section 4 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"27 Clause (1AA) was inserted by section 3 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)",
"28 The words and commas “Commissioners, other than Commissioners of reserved seats,” were substituted for the words “elected commissioners” by section 4 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"29 The words and commas “, other than Commissioners of reserved seats,” were omitted by section 3 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)",
"30 The word “elected” was omitted by section 4 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"31 The words, brackets, figure and commas “sub-section (2), be qualified to be elected as, and to be, a Chairman or a Commissioner” were substituted for the words, brackets, figure and commas “sub-section (1), be qualified to be elected as, and to be, a Chairman or an elected Commissioner, or to be nominated as a woman Commissioner,” by section 5 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"32 The words and comma “a Commissioner,” were substituted for the words and commas “an elected Commissioner, or for nomination as a woman Commissioner,” by section 5 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"33 Clauses (a) and (aa) were substituted for former clause (a) by section 2 of the Paurashava (Amendment) Act, 1990 (Act No. XII of 1990)",
"34 Clause (a) was omitted by section 5 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"35 The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (g) and the Explanation were inserted by section 2 of the Local Government Laws (Amendment) Act, 1987 (Act No. XXIII of 1987)",
"36 The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (h) was inserted thereafter by section 2 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990)",
"37 The semi-colon (;) was substituted for the full-stop (.) and thereafter clauses (i) and (j) were added by section 5 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"38 Sub-section (3) was added by section 3 of the Local Government Laws Amendment Act, 1980 (Act No. II of 1980)",
"39 The word “elected” was omitted by section 6 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"40 The word “elected” was omitted by section 6 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"41 Sub-section (3) was added by section 2 of the Paurashava (Amendment) Ordinance, 1986 (Ordinance No. LVI of 1986)",
"42 The words “a Commissioner” were substituted for the words “an elected Commissioner” by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"43 The words “a Commissioner” were substituted for the words “an elected Commissioner” by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"44 The words and comma “with prior approval of the Government,” were omitted by section 5 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)",
"45 The words “a Commissioner” were substituted for the words “an elected Commissioner” by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"46 The words “total number of elected commissioners” were substituted for the words “total number of commissioners” by section 5 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)",
"47 The word “Commissioners” was substituted for the words “elected Commissioners” by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"48 The words “a Commissioner” were substituted for the words “an elected Commissioner” by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"49 The Explanation was omitted by section 5 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)",
"50 The words “or nomination” were omitted by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"51 The words “a Commissioner” were substituted for the words “an elected Commissioner” by section 8 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"52 Clause (aa) was omitted by section 8 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"53 The words and commas “or a nomination, as the case may be,” were omitted by section 9 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"54 The words “or made” were omitted by section 9 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"55 The words “or nominated” were omitted by section 9 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"56 Section 17 was substituted by section 10 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"57 Section 18 was substituted by section 11 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"58 Sections 18A and 18B were added by section 3 of the Paurashava (Fourth Amendment) Ordinance, 1984 (Ordinance No. LXXVII of 1984)",
"59 The commas and words “,OTHER THAN IN RESERVED SEATS,” were omitted by section 4 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998).",
"60 Section 19 was substituted by section 5 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)",
"61 Section 21A was inserted by section 7 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)",
"62 The words “ save with a variation of not more than ten percent” were inserted by section 6 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)",
"63 Section 22 was substituted by section 2 of the Paurashava (Amendment) Ordinance, 1983 (Ordinance No. X of 1983)",
"64 The word “Elected” was omitted by section 8 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)",
"65 The word “elected” was omitted by section 14 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"66 The word “elected” was omitted by section 14 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"67 Clauses (b) and (c) were substituted for clause (b) by section 14 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"68 The words “after its” were substituted for the words “preceding the” by section 8 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)",
"69 Sub-section (3) was added by section 8 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)",
"70 The words and commas “Commissioners, other than election of Commissioners in reserved seats,” were substituted for the words “elected Commissioners” by section 15 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"71 The commas and words “,other than election of Commissioners in reserved seats,” were omitted by section 9 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)",
"72 The words and commas “Commissioner, other than Commissioners of reserved seats,” were substituted for the words “elected Commissioners” by section 16 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"73 The commas and words “,other than Commissioners of reserved seats,” were omitted by section 10 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)",
"74 The words and commas “Commissioner, other than Commissioners of reserved seats,” were substituted for the words “elected Commissioners” by section 16 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"75 The commas and words “,other than Commissioners of reserved seats,” were omitted by section 8 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)",
"76 Sub-section (3) was substituted by section 2 of the Paurashava (Third Amendment) Ordinance, 1984 (Ordinance No. LXVII of 1984)",
"77 Sub-section (2) was substituted by section 17 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"78 Section 35 was substituted by section 10 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984).",
"79 The word “gratuity” was substituted for the word “pension” by section 3 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988)",
"80 The words “pension or” were omitted by section 3 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988)",
"81 Clause (a) was omitted by section 3 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988)",
"82 The words “pension or” were omitted by section 3 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988)",
"83 The word “or” was added and clause (e) was inserted by section 18 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)",
"84 Sub-section (2) was substituted by section 19 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)"
],
"name": "The Paurashava Ordinance, 1977 (Ordinance)",
"num_of_sections": 166,
"published_date": "27th June, 1977",
"related_act": [
133,
518,
231,
232,
233,
234,
235,
86,
24,
377,
702
],
"repelled": true,
"sections": [
{
"act_id": 549,
"details": "1. This Ordinance may be called the Paurashava Ordinance, 1977.",
"name": "Short title",
"related_acts": "",
"section_id": 1
},
{
"act_id": 549,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (1)\t“annual letting value” means the annual rent at which a building or land exclusive of furniture or machinery contained or situate therein or thereon may reasonably be expected to be let from year to year, and includes all payments made or agreed to be made by a tenant to the owner of the building or land on account of occupation, taxes, insurance or other charges incidental to the occupancy; (2)\t“building” includes any shop, house, hut, out-house, shed, stable or enclosure built of any material and used for any purpose, and also includes a wall, well, verandah, platform, plinth and steps; (3)\t“building line” means a line beyond which the outer face or any part of an external wall of a building may not project in the direction of any street, existing or proposed; (4)\t“by-laws” means by-laws made under this Ordinance; (5)\t“Cantonment Board” means a Cantonment Board constituted under the Cantonments Act, 1924 (II of 1924); 1(6) \t“Chairman” means the Chairman of a Paurashava; (7) \t“commissioner” means a commissioner of a Paurashava; (8)\t“Chief Executive Officer” means a Chief Executive Officer of a Paurashava; (9) \t“conservancy” means the removal and disposal of refuse; 2* * * (10)\t“dairy” includes any farm, cattle-shed, cow-house, milk-store, milk-shop, or other place from where milk or milk products are supplied for sale; (11)\t“Deputy Commissioner” includes any officer specially appointed by the Government to perform all or any of the functions of a Deputy Commissioner under this Ordinance; 3* * * (12)\t“district” means a revenue district; (13)\t“division” means a revenue division; (14)\t“Divisional Commissioner” means the chief officer-in-charge of the revenue administration of the division concerned and includes any officer specially appointed by the Government to perform all or any of the functions of a Divisional Commissioner under this Ordinance; (15)\t“drain” includes a sewer, house-drain, tunnel, culvert, ditch, channel and any other device for carrying of sullage or rain water; (16)\t“drug” means any substance used as medicine or in the composition or preparation of medicine, whether for internal or external use; (17)\t“dwelling house” means any building used or adapted to be used wholly or principally for human habitation; (18)\t“Election Commission” means the Election Commission established by the Constitution; (19)\t“erect or re-erect a building” means the construction of a new building and includes such material alterations of a building as may be prescribed; (20)\t“factory” means a factory as defined in the Factories Act, 1965 (E.P. Act IV of 1965); (21)\t“food” includes every article used for food or drink by human beings but does not include drugs and water; (22)\t“function” includes powers to be exercised and duties to be discharged; (23)\t“improvement trust” means any body or authority, including a development authority, entrusted with the functions of town improvement; (24)\t“infectious disease” means cholera, plague, small-pox and tuberculosis, and includes such other disease as the Government may, by notification in the official Gazette, declare to be an infectious disease for the purposes of this Ordinance; (25)\t“land” includes land which is being built upon or is built up or is covered with water; (26)\t“local parishad” means a local parishad constituted under the Local Government Ordinance, 1976 (Ord. XC of 1976); (27)\t“market” means a place where persons assemble for the sale and purchase of meat, fish, fruit, vegetable, or any other article of food or for the sale and purchase of livestock, or animals and includes any place which may be notified as a market in accordance with the rules; 4* * * (28)\t“municipality” means an urban area, declared to be a municipality under this Ordinance; (29)\t“nuisance” includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or property; (30)\t“occupier” includes an owner in actual occupation of his own land or building and also any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which the word is used; (31)\t“owner” includes the person for the time being receiving the rent of land and buildings, or either of them, whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose or who would so receive the same if land or building were let to a tenant; 5(32)\t“Prescribed Authority” means the Government; (33)\t“Paurashava” means a Paurashava constituted under this Ordinance by whatever name called 6* * *; (34)\t“Paurashava Fund” means a Fund of the Paurashava; (35)\t“prescribed” means prescribed by rules made under this Ordinance; (36)\t“public place” means any building, premises or place to which the public have access; 7(36A) \t“rate” means a levy specified in item numbers 13, 14, 15 and 16 of the First Schedule; (37)\t“refuse” includes rubbish, offal, night soil, carcasses of animals, deposits of sewage, waste and any other offensive matter; (38)\t“regulations” means regulations made under this Ordinance; (39)\t“ rent” means whatever is lawfully payable in money or kind by a tenant or lessee on account of the occupation of any building or land; (40)\t”rules” means rules made under this Ordinance; (41)\t“ rural area” means an area which is not an urban area or is not included within a municipality or cantonment; (42)\t“street line” means a line dividing the land comprised in, and forming part of, a street from the adjoining land; (43)\t“sullage” includes sewerage, polluted water, rain water, and any other offensive matter carried by a drain; (44)\t“tax” includes any toll, 8* * * fee or other impost leviable under this Ordinance; (45)\t“urban area” means an area within the jurisdiction of a Paurashava or Cantonment Board, and includes any other area which is declared to be an urban area under section 3; (46)\t“vehicle” means a wheeled conveyance capable of being used on a street; 9* * * (47)\t“water work” includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, sluice, pipe, culvert, engine and other appliance, and anything for supplying or used for supplying water; and (48)\t“ward” means a ward of a Paurashava.",
"name": "Definitions",
"related_acts": "133",
"section_id": 2
},
{
"act_id": 549,
"details": "3. (1) Subject to the provisions of sub-section (2), the Government may, by notification in the official Gazette, declare any rural area to be an urban area: Provided that notwithstanding the declaration of a rural area to be an urban area, the Union Parishad which immediately before such declaration exercised any function in relation to that area shall, until the area is declared to be, or to be included in, a municipality, continue to exercise those functions. (2) The Government shall not declare any rural area to be an urban area unless it is satisfied that three-fourths of the adult male population of the area to which it refers are chiefly employed in pursuits other than agriculture, and such area contains not less than fifteen thousand population, and an average number of not less than two thousand inhabitants per square mile 10: Provided that the Government may, for the purpose of extension of the limits of a municipality under section 4(b), declare any rural area to be an urban area, if it is satisfied that three-fourths of the adult male population of such area are chiefly employed in pursuits other than agriculture.",
"name": "Declaration of urban area",
"related_acts": "",
"section_id": 3
},
{
"act_id": 549,
"details": "4. The Government may, in the prescribed manner,- (a)\tdeclare any urban area, other than a cantonment, to be a municipality; (b)\textend, curtail or otherwise alter the limits of any municipality; and (c)\tdeclare that any urban area shall, from a date to be specified, cease to be a municipality.",
"name": "Declaration of municipality and alteration of limits thereof",
"related_acts": "",
"section_id": 4
},
{
"act_id": 549,
"details": "114A. Every municipality shall be an administrative unit for the purpose of Article 59 of the Constitution of the People's Republic of Bangladesh.",
"name": "Municipality to be administrative Unit",
"related_acts": "",
"section_id": 5
},
{
"act_id": 549,
"details": "5. (1) As soon as may be after the commencement of this Ordinance, there shall be constituted a Paurashava for every municipality in accordance with the provisions of this Ordinance. (2) Every Paurashava shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance and the rules, to acquire and hold property, both movable and immovable, and shall by its name sue and be sued. (3) The Government may, by notification in the official Gazette, specify the name by which any Paurashava shall be known, and unless the name of a Paurashava is so specified, it shall be known as the Paurashava of the place where its office is situated 12. 13* * *",
"name": "Constitution of Paurashavas",
"related_acts": "",
"section_id": 6
},
{
"act_id": 549,
"details": "6. 14(1) A Paurashava shall consist of- (a) \ta Chairman; (b) \tsuch number of 15* * * commissioners as may be fixed by the Government; and 16(bb) such number of commissioners as are exclusively reserved for women under sub-section (3). 17* * * (2) 18 19The Chairman and Commissioners of a Paurashava shall be elected by direct election on the basis of adult franchise in accordance with the provisions of this Ordinance and the rules made thereunder 20. * * * 21(3) There shall be one-third reserved seats exclusively for woman of such number of commissioners as are fixed by the Government under clause (b) of sub-section (1) in each Paurashava, hereinafter referred to as reserved seats, who shall be elected by direct election on the basis of adult franchise in accordance with the provision of this Ordinance and the rules made thereunder: Provided that nothing in this sub-section shall prevent a woman from being elected to any of the seats other than reserved seats. (4) The Chairman of a Paurashava shall be deemed to be a commissioner of the Paurashava. (5) There shall be paid to the 22Chairman and commissioners of a Paurashava such honorarium as may be prescribed. (6) Omitted by section 4 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984).",
"name": "Composition of Paurashava",
"related_acts": "",
"section_id": 7
},
{
"act_id": 549,
"details": "7. 24 25(1) The term of a Paurashava shall be a period of five years commencing on the day of its first meeting after its constitution: Provided that notwithstanding the expiration of its term, a Paurashava shall continue to function until the publication of election schedule for reconstituting the Paurashava to succeed it. 26* * * 27(1AA) Where the election schedule for reconstituting a Paurashava is published, the Paurashava shall cease to exist and the functions of the Paurashava shall, until the holding of the first meeting of the Paurashava constituted to succeed it, be performed by the Thana Nirbahi Officer or Additional Deputy Commissioner concerned as the Government may appoint in this behalf. (1B) Notwithstanding anything contained in this Ordinance, a Paurashava shall be deemed to have been duly constituted after the election of seventy five per cent of the total number of its 28Commissioners 29* * * has taken place. Explanation.- For calculating the seventy five per cent of the total number of 30* * * Commissioners, less than point five zero per cent shall be ignored and point five zero and above per cent shall be rounded off into a whole number. (2) A Paurashava shall, after its constitution, hold its first meeting on such date, not later than thirty days from the day on which the names of its Chairman and commissioners are notified in the official Gazette, as may be appointed by the Prescribed Authority.",
"name": "Term of Paurashavas, etc.",
"related_acts": "",
"section_id": 8
},
{
"act_id": 549,
"details": "8. Every Chairman and commissioner of a Paurashava shall, before he enters upon his office, make in the prescribed manner and within the prescribed period, an oath in the prescribed form.",
"name": "Oath of office",
"related_acts": "",
"section_id": 9
},
{
"act_id": 549,
"details": "9. Every Chairman and commissioner of a Paurashava shall, before he enters upon his office, submit to the Prescribed Authority in such manner as the Government may direct, a declaration in writing of properties, both movable and immovable, whether within or outside Bangladesh, which he or any member of his family owns, or which he has in his possession or under his control, or in which he or any member of his family has any beneficial interest. Explanation.- In this section, the expression “member of his family”, in relation to a person, includes- (a)\tthe spouse of such person, and (b)\tsuch of the children, parents, brothers and sisters as reside with and are wholly dependent upon such person.",
"name": "Declaration of properties",
"related_acts": "",
"section_id": 10
},
{
"act_id": 549,
"details": "10. (1) A person shall, subject to the provisions of 31sub-section (2), be qualified to be elected as, and to be, a Chairman or a Commissioner, if- (a)\the or she is a citizen of Bangladesh; (b)\the or she has attained the age of twenty-five years; and (c)\this or her name appears on the electoral roll for any ward in the Paurashava. (2) A person shall be disqualified for election as, or for being, a Chairman or 32a Commissioner, if- 33 34* * * (aa)\the or she is declared by a competent Court to be of unsound mind; (b)\the or she is an undischarged insolvent; (c)\the or she has ceased to be a citizen of Bangladesh or has acquired the citizenship of, or affirmed or acknowledged allegiance to, a foreign state; (d)\the or she has been,- (i)\ton conviction for any offence, sentenced to imprisonment for a term of not less than two years; or (ii)\ton conviction for any offence relating to corruption or criminal misconduct, sentenced to imprisonment for any term, unless a period of five years, or such less period as the Government may allow in any particular case, has elapsed since his or her release; (e)\the or she holds any whole-time office of profit in the service of the Republic or of the Paurashava concerned or of any other local authority; or (f)\the or she is a party to a contract for work to be done for, or goods to be supplied to, the Paurashava concerned, or has otherwise any pecuniary interest in its affairs, or is a dealer, for any area within the municipality concerned, in essential commodities appointed by the Government 35; (g)\the or she has defaulted in repaying any loan taken by him or her from any specified bank within the time allowed by the bank therefore. Explanation.- For the purposes of clause (g), “specified bank” means the Sonali Bank, the Agrani Bank and the Janata Bank constituted under the Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972), the Shilpa Rin Sangstha established under the Shilpa Rin Sangstha Order, 1972 (P.O. No. 128 of 1972), the Bangladesh Shilpa Bank established under the Bangladesh Shilpa Bank Order, 1972 (P.O. No. 129 of 1972), the House Building Finance Corporation established under the House Building Finance Corporation Order, 1973 (P.O. No. 7 of 1973), the Krishi Bank established under the Krishi Bank Order, 1973 (P.O. No. 27 of 1973), the Investment Corporation of Bangladesh established under the Investment Corporation of Bangladesh Ordinance, 1976 (XL of 1976), the Rajshahi Krishi Unnayan Bank established under the Rajshahi Krishi Unnayan Bank Ordinance, 1986 (LVIII of 1986), and the Rupali Bank limited 36; (h)\the or she is a member of Parliament 37; (i)\the or she is a defaulter in paying any of the taxes, rates, tolls or fees levied under this Ordinance; (j)\the or she has been dismissed from the service of the Republic or of any local authority for misconduct involving moral turpitude and a period of five years has not elapsed since his or her dismissal. 38(3) For the purposes of this section, a person shall not be deemed to hold an office of profit in the service of the Republic by reason only that he is a Prime Minister, Deputy Prime Minister, Minister, Minister of State, Deputy Minister, Chief Whip or Whip.",
"name": "Qualifications and disqualifications of Chairman and commissioners of Paurashavas",
"related_acts": "377,518,702",
"section_id": 11
},
{
"act_id": 549,
"details": "11. (1) A person shall not, at the same time, be a candidate for election to the offices of Chairman and 39* * * commissioner or to more than one office of 40* * * commissioner. (2) If a person offers himself, at the same time, to be a candidate for election to more than one office in any Paurashava, all his nomination papers shall stand void. 41(3) When the office of Chairman falls vacant during the term of the Paurashava, a commissioner may contest the election to the office of Chairman, and if he is elected, his commissionership shall cease on the date he makes the oath of office of Chairman.",
"name": "Persons not to be candidate for two offices",
"related_acts": "",
"section_id": 12
},
{
"act_id": 549,
"details": "12. (1) A commissioner may resign his office by notice in writing under his hand addressed to the Chairman. (2) A Chairman may resign his office by notice in writing under his hand addressed to the Prescribed Authority. (3) A resignation under this section shall become effective and the office concerned shall become vacant, on the date on which the notice of resignation is received by the addressee.",
"name": "Resignation of Chairman and commissioners",
"related_acts": "",
"section_id": 13
},
{
"act_id": 549,
"details": "13. (1) A Chairman or 42a Commissioner shall render himself liable to removal from his office if- (a)\the, without reasonable excuse, absents himself from three consecutive meetings of the Paurashava; (b)\the is convicted for any offence relating to corruption, criminal misconduct or prejudicial or anti-state activity; (c)\the refuses to perform or becomes disabled from performing his functions; or (d)\the is guilty of misconduct or is responsible for any loss or misapplication of money or property of the Paurashava. Explanation.- In this sub-section, “misconduct” means misuse of power, corruption, jobbery, favouritism, nepotism and wilful maladministration and includes any attempt at, or abetment of, such misconduct. (2) A Chairman or 43a Commissioner shall not be removed from his office on any ground mentioned in clauses (a) and (b) of sub-section (1) unless the Prescribed Authority declares, 44* * * by an order, that he is liable to be so removed: Provided that no such declaration shall be made unless the Chairman or commissioner concerned has been given a reasonable opportunity of showing cause against the declaration proposed to be made with respect to him. (3) A Chairman or 45a Commissioner shall not be removed from his office on any ground mentioned in clauses (c) and (d) of sub-section (1) unless, at a special meeting of the Paurashava called for the purpose in the prescribed manner, a resolution to the effect that he is liable to be so removed is passed by the votes of not less than two-thirds of the 46total number of 47 Commissioners of the Paurashava and unless the resolution is approved by the Prescribed Authority: Provided that no such resolution shall be passed unless the Chairman or commissioner concerned has been given a reasonable opportunity of showing cause against the resolution proposed to be passed with respect to him. (4) A Chairman or 48a Commissioner shall stand removed from his office as soon as a declaration under sub-section (2) is made or a resolution passed under sub-section (3) is approved by the Prescribed Authority. 49* * * (5) Omitted by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992). (6) Notwithstanding anything contained in any other provisions of this Ordinance, a person who has been removed from any office under this section shall not, during the unexpired period of the term of the Paurashava concerned, be eligible for election 50* * * to that Paurashava.",
"name": "Removal of Chairman and commissioners",
"related_acts": "",
"section_id": 14
},
{
"act_id": 549,
"details": "14. (1) The office of Chairman or 51a Commissioner shall become vacant if- (a)\the becomes disqualified for being such Chairman or commissioner under section 10(2); 52* * * (b)\the fails to make the oath referred to in section 8 within the prescribed period, unless the prescribed Authority for good cause shown extends the period; (c)\the resigns his office under section 12; (d)\the is removed from his office under section 13; or (e)\the dies. (1A) Omitted by section 7 of the Paurashava (Amendment) Ordinance, 1984 (Ordinance No. XI of 1984). (2) Omitted by section 8 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992).",
"name": "Vacation of office of Chairman and Commissioners",
"related_acts": "",
"section_id": 15
},
{
"act_id": 549,
"details": "15. (1) Where the office of a commissioner becomes vacant not later than one hundred and eighty days before the term of the Paurashava is due to expire, an election 53* * * to fill the office shall be held 54* * * within sixty days of the occurrence of the vacancy, and the person who is elected in such election 55* * * shall hold office for the residue of such term. (2) Where the office of Chairman becomes vacant before the term of the Paurashava is due to expire, an election to fill the office shall be held within one month of the occurrence of such vacancy, and the person who is elected in such election shall hold office for the residue of such term.",
"name": "Casual vacancy",
"related_acts": "",
"section_id": 16
},
{
"act_id": 549,
"details": "16. A Paurashava may grant leave of absence to its Chairman for any period not exceeding three months in any one year.",
"name": "Leave of absence of Chairman",
"related_acts": "",
"section_id": 17
},
{
"act_id": 549,
"details": "5617. (1) Within one month of the first meeting held after the constitution of a Paurashava, a panel of three Chairmen shall be elected, in order of preference, by the commissioners from amongst themselves. (2) While the office of Chairman is vacant or the Chairman is on leave or under suspension, the functions of his office shall be performed by the Commissioner whose name is highest in the panel of Chairman in order of preference.",
"name": "Panel of Chairman",
"related_acts": "",
"section_id": 18
},
{
"act_id": 549,
"details": "5718. An election, resignation, removal or vacation of office of a Chairman and commissioner shall be notified in the official Gazette by the Prescribed Authority.",
"name": "Notification of election, etc.",
"related_acts": "",
"section_id": 19
},
{
"act_id": 549,
"details": "18B. Notwithstanding anything contained in this Ordinance, where a rural area, after being declared an urban area, is included in a municipality, the person elected as Chairman or member from that area to any Union Parishad, shall be deemed to be a commissioner of the Paurashava of that municipality.",
"name": "Certain persons deemed to be commissioners",
"related_acts": "",
"section_id": 20
},
{
"act_id": 549,
"details": "5818A. (1) Where an urban area is declared to be a municipality, the Government shall appoint an Administrator to perform the functions of the Paurashava of that municipality till a Paurashava is constituted in accordance with the provisions of this Ordinance. (2) The Government may, where necessary, appoint a Committee consisting of such number of members as it deems fit to assist the Administrator in the discharge of his functions. (3) The Administrator and the members of the Committee, if any, shall respectively exercise the powers of the Chairman and of the Commissioners.",
"name": "Appointment of an Administrator in certain circumstances",
"related_acts": "",
"section_id": 21
},
{
"act_id": 549,
"details": "6019. (1) For the purpose of election of commissioners, other than in reserved seats of a Paurashava, the municipality shall be divided into such number of wards as the Government may determine. (2) For the purpose of election of commissioners in reserved seats, the municipality shall be divided into one-third number of wards determined under sub-section (1).",
"name": "Wards",
"related_acts": "",
"section_id": 22
},
{
"act_id": 549,
"details": "20. (1) For the purpose of delimitation of wards, the prescribed Authority may appoint from amongst persons in the service of the Republic as many delimitation officers and assistant delimitation officers as may be necessary. (2) An assistant delimitation officer shall assist the delimitation officer in the performance of his functions and may perform, under the control of the delimitation officer, the functions of the delimitation officer.",
"name": "Appointment of delimitation officers",
"related_acts": "",
"section_id": 23
},
{
"act_id": 549,
"details": "61 21A. For the purpose of election to the reserved seats, the delimitation officer shall simultaneously cause the number of wards delimited under section 21 to be regrouped into one-third of wards determined under sub-section (1) of section 19 following the procedure laid down in section 21.",
"name": "Delimitation of wards of reserved seats",
"related_acts": "",
"section_id": 24
},
{
"act_id": 549,
"details": "21. (1) The wards shall be delimited having regard to territorial unity and, so far as practicable, to distribution of population 62save with a variation of not more than ten per cent and administrative convenience. (2) A delimitation officer may, for the purpose of delimiting the wards, make such enquiries and examine such records as he may deem necessary and consider such representations as may be received by him, and shall publish at his office and at the office of the Paurashava and at such other place or places as he considers necessary a preliminary list of wards specifying the areas proposed to be included in each such ward together with a notice inviting objections or suggestions within fifteen days from the date of publication of the notice. (3) The objection or suggestion, if any, received under sub-section (2) shall be forwarded to the Prescribed Authority who, after making such enquiries as he considers necessary, shall give its decision within a period not exceeding fifteen days from the date of receipt of the objections or suggestions from the delimitation officer. (4) The delimitation officer shall make such amendments, alterations or modifications in the preliminary list published under sub-section (2) as may be required by any decision on any objection or suggestion given by the prescribed Authority under sub-section (3) and may also make such other amendments, alterations or modifications in the said list as may be necessary for correcting any error or omission. (5) After making amendments, alterations or modifications, if any, under sub-section (4), the delimitation officer shall publish at his office and at the office of the Paurashava and at such other place or places as he considers necessary the final list of wards, specifying the areas included in such ward and shall forward attested copies thereof to the Prescribed Authority who shall publish the list of wards in the official Gazette.",
"name": "Delimitation of wards",
"related_acts": "",
"section_id": 25
},
{
"act_id": 549,
"details": "6322. (1) There shall be an electoral roll for each ward to be prepared by the Election Commission. (2) A person shall be entitled to be enrolled on the electoral roll for a ward if he- (a)\tis a citizen of Bangladesh; (b)\tis not less than eighteen years of age; (c)\tdoes not stand declared by a competent Court to be of unsound mind; and (d)\tis or is deemed to be a resident of that ward.",
"name": "Electoral roll",
"related_acts": "",
"section_id": 26
},
{
"act_id": 549,
"details": "23. Every person whose name is for the time being entered in the electoral roll of a ward shall be entitled to vote at an election of an elected commissioner for that ward and at an election of Chairman of the Paurashava within the jurisdiction of which the ward is situated.",
"name": "Right to vote",
"related_acts": "",
"section_id": 27
},
{
"act_id": 549,
"details": "24. (1) There shall be 65* * * such number of elected commissioners from each ward in a municipality as the Government may determine. (2) A general election of Chairman and 66* * * commissioners of a Paurashava shall be held- (a)\tfor the purpose of constituting the Paurashava under section 5, as soon as may be after the commencement of this Ordinance; and 67(b)\tfor the purpose of reconstituting the Paurashava after the expiration of the term of the Paurashava, within the period of one hundred eighty days 68after its expiration; and (c)\tfor the purpose of reconstituting the Paurashava after the expiration of the period of supersession of the Paurashava, if any, before such expiration: Provided that the persons elected at a general election under clause (b) or (c) shall not enter upon office as chairman or commissioner of the Paurashava except after the expiration of the term of the Paurashava or the period of supersession of the Paurashava, as the case may be. 69(3) In the case of a newly created Paurashava, where no election is held, the election for constituting it shall be held- (a)\twithin one hundred and eighty days form the date of coming into force of this Act; (b)\twithin one hundred and eighty days from the date of creation of the Paurashava.",
"name": "Election of * * * commissioners",
"related_acts": "",
"section_id": 28
},
{
"act_id": 549,
"details": "25. All elections of Chairman and 70Commissioners 71* * * of a Paurashava shall be organised, held and conducted by the Election Commission in accordance with the rules, and such rules may provide for all or any of the following matters, namely:- (a) \tthe appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of election, and powers and duties of such officers; (b) \tthe nomination of candidates, objections to nominations and scrutiny of nominations; (c) the deposits to be made by candidates and the circumstances under which such deposits may be refunded to candidates or forfeited to the Paurashava; (d) \tthe withdrawal of candidature; (e) \tthe appointment of agents of candidates; (f) \tthe procedure in contested and uncontested elections; (g)\tthe date, time and place for poll and other matters relating to the conduct of elections; (h) \tthe manner in which votes are to be given; (i) \tthe scrutiny and counting of votes, the declaration of the result and the procedure to be followed in case of equality of votes; (j)\tthe custody and disposal of ballot papers and other papers relating to elections; (k)\tthe circumstances under which polls may be suspended and fresh polls may be held; (l) \tthe election expenses; (m)\tthe corrupt or illegal practices and other election offences and penalties therefore; and (n)\tany other matter connected with or incidental to elections.",
"name": "Conduct of elections",
"related_acts": "",
"section_id": 29
},
{
"act_id": 549,
"details": "26. The names of all persons elected as Chairman or 74Commissioner 75* * * of a Paurashava shall, as soon as may be after such election, be published in the official Gazette by the Election Commission.",
"name": "Publication of results of election of Chairman and Commissioner * * *",
"related_acts": "",
"section_id": 30
},
{
"act_id": 549,
"details": "26A. Exception.- Inserted by section 4 of the Paurashava (Amendment) Ordinance, 1977 (Ordinance No. XXX of 1977) which was omitted by section 8 of the Paurashava (Second Amendment) Ordinance, 1984 (LXIII of 1984).",
"name": "Omitted.",
"related_acts": "",
"section_id": 31
},
{
"act_id": 549,
"details": "27. (1) No election under this Ordinance shall be called in question except by an election petition under sub-section (2). (2) Any candidate may make an election petition challenging the election at which he was a candidate. (3) An election petition shall be presented, in such manner as may be prescribed, to the Election Tribunal appointed under section 28.",
"name": "Election petitions",
"related_acts": "",
"section_id": 32
},
{
"act_id": 549,
"details": "28. (1) For the trial of election petitions, the Election Commission shall, by notification in the official Gazette, appoint a judicial Officer to be an Election Tribunal for such area as may be specified in the notification. (2) Where the person constituting an Election Tribunal is succeeded by another, the trial of a petition shall continue before the person so succeeding and any evidence already recorded shall remain upon the record and it shall not be necessary to re-examine the witnesses who have already been examined and discharged.",
"name": "Appointment of Tribunals",
"related_acts": "",
"section_id": 33
},
{
"act_id": 549,
"details": "29. The Election Commission, either of its own motion or on an application made in this behalf by any of the Parties, may, at any stage, transfer an election petition from one Election Tribunal to another Election Tribunal, and the Tribunal to which the petition is so transferred shall proceed with trial of the petition from the stage at which it was transferred: Provided that the Tribunal to which an election petition is so transferred may, if it thinks fit, recall and examine any of the witnesses already examined.",
"name": "Power to transfer election petitions",
"related_acts": "",
"section_id": 34
},
{
"act_id": 549,
"details": "30. (1) An Election Tribunal shall, upon receipt of an election petition give notice thereof to all the contesting candidates at the election to which the petition relates. (2) Subject to any rules made in this behalf, the Election Tribunal shall, after giving the contesting candidates an opportunity of being heard and taking such evidence as may be produced before it, make such orders as it may think fit. 76(3) Save as provided in sub-section (4), the decision of an Election Tribunal on an election petition shall be final. (4) Any person aggrieved by a decision of the Election Tribunal may, within thirty days of the announcement of the decision, prefer an appeal to the District Judge within whose jurisdiction the election in dispute was held; and the decision of the District Judge on such appeal shall be final: Provided that in the case of a decision announced before the commencement of the Paurashava (Third Amendment) Ordinance, 1984 (LXVII of 1984), such appeal may be preferred within thirty days of such commencement.",
"name": "Trial of election petitions",
"related_acts": "",
"section_id": 35
},
{
"act_id": 549,
"details": "31. Subject to rules, and such directions as the Government may from time to time give, and within the limits of the funds at its disposal, a Paurashava shall undertake such of the functions given in detail in Part IV as are required to be undertaken by Paurashavas and may undertake- (a)\tall or any of the functions so given which may be undertaken by a Paurashava; and (b)\tsuch other functions as are declared by the Government to be appropriate matters for administration by Paurashavas generally or by any particular Paurashava.",
"name": "Compulsory and optional functions of Paurashavas",
"related_acts": "",
"section_id": 36
},
{
"act_id": 549,
"details": "32. Notwithstanding anything contained in this Ordinance or in any other law for the time being in force, the Government may from time to time direct that, subject to such terms and conditions as may be specified in the direction,- (a)\tany institution or service maintained by a Paurashava shall be transferred to the management and control of the Government; and (b)\tany institution or service maintained by the Government shall be transferred to the management and control of a Paurashava.",
"name": "Transfer of functions from a Paurashava to the Government and vice versa",
"related_acts": "",
"section_id": 37
},
{
"act_id": 549,
"details": "33. (1) The executive powers of a Paurashava shall extend to the doing of all acts necessary for the due discharge of its functions under this Ordinance. (2) Save as otherwise provided in this Ordinance and the rules, the executive powers of a Paurashava shall vest in and be exercised by its Chairman, either directly or through other persons authorised by him, in accordance with this Ordinance or the rules. (3) All acts of a Paurashava, whether executive or not, shall be expressed to be taken in the name of the Paurashava, and shall be authenticated in the manner prescribed.",
"name": "Executive powers",
"related_acts": "",
"section_id": 38
},
{
"act_id": 549,
"details": "34. (1) All business of a Paurashava shall, to the extent and in the manner prescribed, be disposed of at its meetings, or at the meetings of its committees, or by its Chairman, or commissioners, or officers or employees. 77(2) All meeting of a Paurashava shall be presided over by the Chairman and in his absence, by the Commissioner on the Panel of Chairman performing or entitled to perform the functions of the office of the Chairman during his absence. (3) No act or proceedings of a Paurashava shall be invalid by reason only of the existence of any vacancy in, or any defect in the constitution of, the Paurashava, or by reason only that some person, who was not entitled to do so, sat or voted or otherwise took part in its proceedings. (4) Minutes of the proceedings of every meeting of a Paurashava shall be drawn up and recorded in a book to be kept for the purpose. (5) All decisions of a Paurashava shall be reported to the Prescribed Authority within fourteen days from the date on which the minutes of the meeting are signed.",
"name": "Disposal of business",
"related_acts": "",
"section_id": 39
},
{
"act_id": 549,
"details": "7835. A Paurashava may appoint such committees or such sub-committees consisting of such number of its commissioners and co-opted members, if any, to perform such functions as may be prescribed by regulations.",
"name": "Committees and sub-committees",
"related_acts": "",
"section_id": 40
},
{
"act_id": 549,
"details": "36. (1) The Government may, in any municipality where there is no improvement trust constituted under any law, by notification in the official Gazette, entrust to the Paurashava any function relating to town improvement. (2) Where any function is entrusted to a Paurashava under sub-section (1), the Government may, in the prescribed manner, appoint a Municipal Improvement Sub-Committee, which shall exercise such powers and perform such functions with regard to town improvement as may be prescribed.",
"name": "Municipal Improvement Sub-Committee",
"related_acts": "",
"section_id": 41
},
{
"act_id": 549,
"details": "37. (1) All contracts made by or on behalf of a Paurashava shall be- (a)\tin writing and expressed to be made in the name of the Paurashava; (b)\texecuted in such manner as may be prescribed; and (c)\treported to the Paurashava by the Chairman at the meeting next following the execution of the contract. (2) A Paurashava may, by resolution, lay down the procedure that shall regulate the making of various contracts, and in the execution of contracts, the Chairman shall act in accordance with such resolution. (3) No contract executed otherwise than in conformity with the provisions of this section shall be binding on the Paurashava.",
"name": "Contracts",
"related_acts": "",
"section_id": 42
},
{
"act_id": 549,
"details": "38. The Government may by rules provide for- (a)\tthe preparation of plans and estimates for works to be executed by a Paurashava; (b)\tthe authority by whom and the conditions subject to which such plans and estimates shall be technically approved and administratively sanctioned; and (c)\tthe agency by which such plans and estimates shall be prepared and such works shall be executed.",
"name": "Works",
"related_acts": "",
"section_id": 43
},
{
"act_id": 549,
"details": "39. A Paurashava shall- (a)\tmaintain such record of its working as may be prescribed; (b)\tprepare and publish such periodical reports and returns as may be prescribed; and (c)\tadopt such other measures as may be necessary, or may be specified by the Government from time to time, for the publication of information about the working of the Paurashava.",
"name": "Record, reports and returns",
"related_acts": "",
"section_id": 44
},
{
"act_id": 549,
"details": "40. (1) There shall be constituted a Paurashava Service in such manner and subject to such conditions as may be prescribed. (2) The Government may from time to time specify the posts in the Paurashavas which shall be filled by persons belonging to the Paurashava Service.",
"name": "Paurashava Service",
"related_acts": "",
"section_id": 45
},
{
"act_id": 549,
"details": "41. (1) The specified authority may, on the prescribed terms and conditions, appoint a secretary and one or more principal officers for a Paurashava who shall perform such functions as are assigned to them in relation to such Paurashava by or under this Ordinance. (2) A Paurashava may, and if so required by the specified authority shall, on the prescribed terms and conditions, appoint such other employees as are deemed necessary for the efficient performance of its functions under this Ordinance. (3) Subject to the provisions of this Ordinance and the rules,- (a)\tthe specified authority may suspend, remove, dismiss, or otherwise punish any person appointed under sub-section (1); and (b)\tthe Paurashava may suspend, remove, dismiss, or otherwise punish any person appointed under sub-section (2). (4) The specified authority may transfer any of the persons appointed under sub-section (1) from one Paurashava to another Paurashava within its jurisdiction. (5) In this section,- (a)\t“principal officer” means an officer notified as such by the Government; and (b)\t“specified authority” means an authority specified by rules.",
"name": "Officers and employees of Paurashavas",
"related_acts": "",
"section_id": 46
},
{
"act_id": 549,
"details": "42. (1) Notwithstanding anything contained in section 40, there shall be a Chief Executive Officer for such Paurashava as the Government may direct. (2) The Chief Executive Officer shall be appointed by the Government, or by such authority as the Government may specify, on such terms and conditions as may be prescribed. (3) Where a Chief Executive Officer is appointed for a Paurashava, he shall be the principal executive officer of the Paurashava, and all other officers and employees of the Paurashava shall be subordinate to him. (4) The Chief Executive Officer shall have the same right of being present at any meeting of the Paurashava or of any committee thereof and of taking part in the discussions thereat as if he were a commissioner or a member of such committee, and may, with the consent of the person presiding at the meeting, make a statement or an explanation of facts, but he shall not vote upon, or move, any motion at such meeting.",
"name": "Chief Executive Officer",
"related_acts": "",
"section_id": 47
},
{
"act_id": 549,
"details": "43. (1) A Paurashava may establish and maintain a Provident Fund and require any of its officers or employees to contribute to such Fund, and may itself contribute to it in such manner and proportion as may be prescribed. (2) A Paurashava may, in the prescribed manner, and with the previous sanction of the Government, provide for the payment of 79gratuity to its officers and employees after retirement. (3) A Paurashava may, with the previous sanction of the Government, grant a special 80* * * gratuity to the family of any officer or employee who dies of disease or injury contracted or suffered in the discharge of official duties. (4) A Paurashava may, in the prescribed manner, operate a scheme of social insurance for its officers and employees and require them to subscribe to it. (5) A Paurashava may, in the prescribed manner, establish and maintain- 81* * * (b)\ta Benevolent Fund out of which shall be paid any special 82* * * gratuity granted under sub-section (3) or such other relief as may be prescribed. (6) The Paurashavas shall contribute to the Funds established and maintained under sub-section (5) in such proportion or such amount and in such manner as may be specified by the Government.",
"name": "Provident Fund, etc.",
"related_acts": "",
"section_id": 48
},
{
"act_id": 549,
"details": "44. The Government may, by rules,- (a)\tprescribe the conditions of service of the officers and employees of the Paurashavas; (b)\tprescribe the grades of pay for the officers and employees of Paurashavas; (c)\tprescribe a schedule of establishment setting forth the staff that shall be employed by a Paurashava; (d)\tprescribe the qualifications for various posts under Paurashavas; (e)\tprescribe the principles to be followed in making appointments to various posts under Paurashavas; (f)\tprescribe the method for the holding of enquiries in cases where disciplinary action is proposed to be taken against officers and employees of Paurashavas, and provide for penalties and appeals against orders imposing penalties; and (g)\tprovide for other matters necessary for the efficient discharge of their duties by the officers and employees of Paurashavas.",
"name": "Service matters to be prescribed",
"related_acts": "",
"section_id": 49
},
{
"act_id": 549,
"details": "45. (1) For every Paurashava there shall be a fund which shall be known as the Paurashava Fund. (2) To the credit of a Paurashava Fund formed under sub-section (1) shall be placed- (a)\tthe balance of such fund as on the coming into force of this Ordinance is at the disposal of the Paurashava of which it is the successor; (b)\tthe proceeds of all taxes, rates, tolls, fees and other charges levied by the Paurashava under this Ordinance; (c)\tall rents and profits payable or accruing to the Paurashava from the property vested in or managed by the Paurashava; (d)\tall sums received by the Paurashava in the performance of its functions under this Ordinance or under any other law for the time being in force; (e)\tall sums contributed by individuals or institutions or by any local authority; (f)\tall receipts accruing from the trusts placed under the management of the Paurashava; (g) \tall grants made by the Government and other authorities; (h)\tall profits accruing from investments; and (i)\tsuch proceeds from such sources of income as the Government may direct to be placed at the disposal of the Paurashava.",
"name": "Constitution of Paurashava Fund",
"related_acts": "",
"section_id": 50
},
{
"act_id": 549,
"details": "46. (1) The moneys credited to a Paurashava Fund shall be kept in a Government treasury, or in a bank transacting the business of a Government treasury, or in such other manner as may be specified by the Government from time to time. (2) A Paurashava may invest any portion of its fund in such manner as may be prescribed. (3) A Paurashava may, and if required by the Government shall, establish and maintain a separate fund for any special purpose, which shall be administered and regulated in such manner as may be prescribed.",
"name": "Custody or investment of Paurashava Funds and establishment of special funds",
"related_acts": "",
"section_id": 51
},
{
"act_id": 549,
"details": "47. The moneys from time to time credited to a Paurashava Fund shall be applied in the following order of preference:- firstly,\tin the payment of salaries and allowances to the officers and employees of the Paurashava; secondly, in meeting the expenditure charged on the Paurashava Fund under this Ordinance; thirdly, \tin the fulfilment of any obligation and in the discharge of any duty imposed on the Paurashava under this Ordinance or under any other law for the time being in force; fourthly, \tin meeting expenditure declared by the Paurashava, with the previous sanction of the Prescribed Authority, to be an appropriate charge on the Paurashava Fund; and fifthly, \tin meeting the expenditure declared by the Government to be an appropriate charge on the Paurashava Fund.",
"name": "Application of Paurashava Fund",
"related_acts": "",
"section_id": 52
},
{
"act_id": 549,
"details": "48. (1) The following expenditure shall be charged on a Paurashava Fund, namely:- (a)\tall sums to be paid to, or in connection with employment of, any Government servant or any member of the Local Parishad Service who is or has been in the service of the Paurashava; (b) all sums as the Paurashava may be required by the Government to contribute towards the conduct of elections, the maintenance of the Paurashava Service, the auditing of accounts, and such other matters as may, from time to time, be specified by the Government; (c)\tany sum required to satisfy any judgment, decree or award against the Paurashava by any Court or tribunal; and (d)\tany expenditure declared by the Government to be so charged. (2) If any expenditure charged on a Paurashava Fund is not paid, the Prescribed Authority may, by order, direct the person or persons having the custody of the Paurashava Fund to pay such amount, or so much thereof as may, from time to time, be possible from the balance of the Paurashava Fund.",
"name": "Charged expenditure",
"related_acts": "",
"section_id": 53
},
{
"act_id": 549,
"details": "49. (1) Every Paurashava shall, in the prescribed manner, prepare and sanction, before the commencement of each financial year, a statement of its estimated receipts and expenditure for that year, hereinafter referred to as the budget, and forward a copy thereof to be Prescribed Authority. (2) If the budget is not prepared or sanctioned by a Paurashava before the commencement of any financial year, the Prescribed Authority may have the necessary statement prepared and certify it, and such certified statement shall be deemed to be the sanctioned budget of the Paurashava. (3) Within thirty days of the receipt of the copy of a budget under sub-section (1), the Prescribed Authority may, by order, modify it, and the budget so modified shall be deemed to be the sanctioned budget of the Paurashava. (4) At any time before the expiry of the financial year to which a budget relates, a revised budget for the year may, if necessary, be prepared and sanctioned, and such revised budget shall, so far as may be, subject to provisions of this section. (5) Where any Paurashava assumes office under this Ordinance for the first time, its budget for the financial year during which it assumes office shall relate to the remaining period of that year, and the other provisions of this section shall mutatis mutandis apply.",
"name": "Budget",
"related_acts": "",
"section_id": 54
},
{
"act_id": 549,
"details": "50. (1) Accounts of the receipts and expenditure of a Paurashava shall be kept in the prescribed manner and form. (2) An annual statement of accounts shall be prepared after the close of every financial year and shall be forwarded to the Prescribed Authority by the thirty-first December of the following financial year. (3) A copy of the annual statement of accounts shall be placed at a conspicuous place in the office of the Paurashava concerned for public inspection, and all objections or suggestions concerning such accounts received from the public shall be considered by the Paurashava and brought to the notice of the audit authority referred to in section 51.",
"name": "Accounts",
"related_acts": "",
"section_id": 55
},
{
"act_id": 549,
"details": "51A. Borrowing Power of the Corporation.- Inserted by section 2 of the Paurashava (Second Amendment) Act, 1980 (Act No. XXXIX of 1980) which was omitted by section 11 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984).",
"name": "Omitted.",
"related_acts": "",
"section_id": 56
},
{
"act_id": 549,
"details": "51. (1) The accounts of every Paurashava shall be audited, in such manner, after such intervals and by such authority as may be prescribed. (2) The audit authority shall have access to all the books and other documents pertaining to accounts, and may also examine the Chairman or any commissioner, officer or employee of the Paurashava concerned. (3) On the completion of audit, the audit authority shall submit to the Prescribed Authority an audit report which shall, among other things, mention- (a)\tcases of embezzlement; (b)\tcases of loss, waste or misapplication of the Paurashava Fund; (c)\tcases of other irregularities in the maintenance of accounts; and (d)\tthe names of the persons who, in his opinion, are directly or indirectly responsible for such embezzlement , loss, waste, misapplication or irregularities.",
"name": "Audit",
"related_acts": "",
"section_id": 57
},
{
"act_id": 549,
"details": "52. (1)The Government may, by rules,- (a)\tprovide for the management, maintenance, improvement and development of the property belonging to or vesting in Paurashavas; (b)\tregulate the alienation of such property; and (c)\tprovide for the compulsory acquisition of such immovable property as may be required by a Paurashava for the purposes of this Ordinance. (2) A Paurashava may- (a)\tmanage, maintain, inspect, develop or improve any property which is owned by or vests in it or which is placed under its charge; (b)\tapply such property for the purposes of this Ordinance or the rules; and (c)\tacquire or transfer by grant, gift, sale, mortgage, lease, exchange or otherwise any property.",
"name": "Property of Paurashavas",
"related_acts": "",
"section_id": 58
},
{
"act_id": 549,
"details": "53. Every Chairman, Commissioner, officer or employee of a Paurashava, and every person charged with the administration of the affairs of a Paurashava, or acting on behalf of a Paurashava, shall be liable for the loss, waste or misapplication of any money or property belonging to the Paurashava which is a direct consequence of his negligence or misconduct, and the liability of such Chairman, Commissioner, officer, employee or person shall be determined by the Prescribed Authority in the prescribed manner, and the amount for which he is held liable shall be recoverable as a public demand.",
"name": "Recovery against liabilities",
"related_acts": "",
"section_id": 59
},
{
"act_id": 549,
"details": "54. A Paurashava may, with the previous sanction of the Government, levy, in the prescribed manner, all or any of the taxes, rates, tolls and fees mentioned in the First Schedule.",
"name": "Municipal taxation",
"related_acts": "",
"section_id": 60
},
{
"act_id": 549,
"details": "55. (1) All taxes, rates, tolls and fees levied by a Paurashava shall be notified in the official Gazette, and unless otherwise directed by the Government, shall be subject to previous publication. (2) Where a proposal for the levy of a tax, rate, toll or fee or for a modification of tax, rate, toll or fee which is in force, is sanctioned, the sanctioning authority shall specify the date for the enforcement thereof, and such tax, rate, toll or fee or the modification shall come into force on such date.",
"name": "Notification and enforcement of taxes",
"related_acts": "",
"section_id": 61
},
{
"act_id": 549,
"details": "56. The Government may frame model tax schedules, and where such schedules have been framed, the Paurashava shall be guided by them in levying a tax, rate, toll or fee.",
"name": "Model tax schedules",
"related_acts": "",
"section_id": 62
},
{
"act_id": 549,
"details": "57. (1) The Government may direct any Paurashava- (a)\tto levy any tax, rate, toll or fee which the Paurashava is competent to levy under section 54; or (b)\tto increase or reduce any such tax, rate, toll or fee, or the assessment thereof, to such extent as may be specified; or (c)\tto exempt any person or class of persons or property or class of property from the levy of any such tax, rate, toll or fee or suspend or abolish the levy of any such tax, rate, toll or fee. (2) If a direction issued under sub-section (1) is not complied with within the specified time, if any, the Government may make an order giving effect to the direction.",
"name": "Directions with regard to levy of taxes",
"related_acts": "",
"section_id": 63
},
{
"act_id": 549,
"details": "58. (1) A Paurashava may by notice call upon any person to furnish such information, produce such record or accounts, or present such goods or animals liable to any tax, rate, toll or fee, as may be necessary for the purpose of determining the liability of such person, goods or animals to a tax, toll or fee, or the assessment thereof. (2) Any official of a Paurashava authorised in this behalf may, after due notice, enter upon any building or premises for the purpose of assessing the liability of such building or premises to any tax, or inspecting any goods or animal therein liable to any tax. (3) Any official of a Paurashava authorised in this behalf may, in the prescribed manner, seize and dispose of any goods on which any octroi, terminal tax or toll is due and is not paid.",
"name": "Liability on account of taxes",
"related_acts": "",
"section_id": 64
},
{
"act_id": 549,
"details": "59. (1) All taxes, rates, tolls and fees levied under this Ordinance shall be collected in the prescribed manner. (2) All arrears of taxes, rates, tolls and fees and other moneys claimable by a Paurashava under this Ordinance shall be recoverable as a public demand. (3) Notwithstanding the provisions of sub-section (2), the Government may empower any Paurashava to recover arrears of taxes, rates, tolls, fees and other moneys claimable by the Paurashava under this Ordinance by distress and sale of movable property belonging to the person concerned, or by attachment and sale of the immovable property belonging to him. (4) The Government may by rules specify the officials or classes of officials by whom the power under sub-section (3) shall be exercised, and prescribed the manner in which it shall be exercised.",
"name": "Collection and recovery of taxes",
"related_acts": "",
"section_id": 65
},
{
"act_id": 549,
"details": "60. No assessment of a tax, rate, toll or fee under this Ordinance, or valuation, thereof, or the liability of a person to be so taxed, shall be called in question except by a petition presented to such authority, in such manner and within such period as may be prescribed.",
"name": "Petitions against valuation, assessment, etc.",
"related_acts": "",
"section_id": 66
},
{
"act_id": 549,
"details": "61. If a Paurashava levies a tax on professions, trades or callings, it may require the employer of the person liable to such tax to deduct the tax from the salary or wages payable to such person, and on such requisition the amount of the tax due shall be deducted from the salary or wages of the person concerned and credited to the Municipal Fund, provided that the amount so deducted shall in no case exceed twenty-five per cent of the salary or wages.",
"name": "Deduction of taxes from salaries",
"related_acts": "",
"section_id": 67
},
{
"act_id": 549,
"details": "62. (1) All taxes, rates, tolls, fees and other charges levied by a Paurashava shall be imposed, assessed, leased, compounded, administered and regulated in such manner as may be provided by rules. (2) Rules made under this section may, among other matters, provide for the obligations of the tax-payer and the duties and powers of the officials and other agencies responsible for the assessment and collection of taxes.",
"name": "Taxation rules",
"related_acts": "",
"section_id": 68
},
{
"act_id": 549,
"details": "63. A Paurashava shall be responsible for the sanitation of the municipality and for the control of environmental pollution, and for this purpose, it may cause such measures to be taken as are required by or under this Ordinance.",
"name": "Responsibility for sanitation",
"related_acts": "",
"section_id": 69
},
{
"act_id": 549,
"details": "64. (1) A Paurashava may, by notice, require the owner or occupier of any building or land which is in an insanitary or unwholesome state- (a)\tto clean or otherwise put it in a proper state; (b)\tto make arrangements to the satisfaction of the Paurashava for its proper sanitation; (c) \tto lime wash the building and to make such essential repairs as may be specified in the notice; and (d)\tto take such other steps in regard to such building or land as may be so specified. (2) If any requirement of a notice issued under sub-section (1) is not complied with within such period as may be specified in the notice, the Paurashava may cause the necessary steps to be taken at the expense of the owner or occupier, and the cost so incurred by the Paurashava shall be deemed to be a tax levied on the owner or occupier under this Ordinance.",
"name": "Insanitary buildings",
"related_acts": "",
"section_id": 70
},
{
"act_id": 549,
"details": "65. (1) A Paurashava shall make adequate arrangements for the removal of refuse from all public streets, public latrines, urinals, drains, and all buildings and land vested in the Paurashava and for the collection and proper disposal of such refuse. (2) The occupiers of all other buildings and lands within municipality shall be responsible for the removal of refuse from such buildings and lands subject to the general control and supervision of the Paurashava. (3) The Paurashava may cause public dustbins or other suitable receptacles to be provided at suitable places and in proper and convenient situations in streets or other public places, and where such dustbins or receptacles are provided, the Paurashava may, by public notice, require that all refuse accumulating in any premises or land shall be deposited by the owner or occupier of such premises or land in such dustbins or receptacles. (4) All refuse removed and collected by the staff of the Paurashava or under their control and supervision and all refuse deposited in the dustbins and other receptacles provided by the Paurashava shall be the property of the Paurashava.",
"name": "Removal, collection and disposal of refuse",
"related_acts": "",
"section_id": 71
},
{
"act_id": 549,
"details": "66. (1) A Paurashava may, and if so required by the Prescribed Authority shall, provide and maintain, in sufficient number and in proper situation, public latrines and urinals for the separate use of each sex, and shall cause the same to be kept in proper order, and to be properly cleaned. (2) The occupier of any premises to which may latrine or urinal pertains shall keep such latrine or urinal in a proper state to the satisfaction of the Paurashava and shall employ such staff for the purpose as may be necessary or as may be specified by the Paurashava. (3) Where any premises are without privy or urinal accommodation, or without adequate privy or urinal accommodation, or the privy or urinal is on any ground objectionable, the Paurashava by notice require the owner of such premises- (a)\tto provide such or such additional privy or urinal accommodation as may be specified in the notice; or (b)\tto make such structural or other alterations in the existing privy or urinal accommodation as may be so specified; (c)\tto remove the privy or urinal; and (d)\twhere there is an underground sewerage system, to substitute connected-privy or connected-urinal accommodation for any service-privy or service-urinal accommodation.",
"name": "Latrines and urinals",
"related_acts": "",
"section_id": 72
},
{
"act_id": 549,
"details": "67. (1) A Paurashava shall register all births, deaths and marriages within the limits of the municipality an information of such births, deaths and marriages shall be given by such persons or authorities, and shall be registered in such manner, as the by-laws may provide. (2) The by-laws made under sub-section (1) may exempt any class or classes of marriages information in respect of which is not deemed necessary for registration under this section.",
"name": "Births, deaths and marriages",
"related_acts": "",
"section_id": 73
},
{
"act_id": 549,
"details": "68. (1) A Paurashava shall adopt such measures to prevent infectious diseases and to restrain infection within the municipality as the rules and by-laws may provide. (2) A Paurashava may, and if so required by the Government shall, establish and maintain one or more hospitals for the reception and treatment of persons suffering from infectious diseases. (3) A Paurashava may, in the prescribed manner, frame and implement schemes for the prevention and control of infectious diseases.",
"name": "Infectious diseases",
"related_acts": "",
"section_id": 74
},
{
"act_id": 549,
"details": "69. A Paurashava may, and if so required by the Government shall,- (a)\testablish, manage, maintain or contribute towards the maintenance of health centres, maternity centres and centres for the welfare of women, infants and children; (b)\tprovide for the training of dais; (c)\tprovide for the promotion of family planning; and (d)\tadopt such other measures as may be necessary to promote the health and welfare of women, infants and children.",
"name": "Health and maternity centres, etc.",
"related_acts": "",
"section_id": 75
},
{
"act_id": 549,
"details": "70. Subject to the provisions of this Ordinance and the rules, a Paurashava may, and if the Government so directs shall, take such measures for promoting public health, including education in health, as it considers necessary or, as the case may be, the Government directs.",
"name": "Promotion of public health",
"related_acts": "",
"section_id": 76
},
{
"act_id": 549,
"details": "71. (1) A Paurashava may, and if so required by the Government shall, establish and maintain such number of hospitals and dispensaries as may be necessary for the medical relief of the inhabitants of the municipality and the people visiting it. (2) Every hospital and dispensary maintained by a Paurashava shall be managed and administered in such manner as may be prescribed. (3) Subject to any directions that may be given in this behalf by the Prescribed Authority, every hospital and dispensary maintained by a Paurashava shall be provided with such drugs, medicines, instruments, apparatuses, appliances, equipments and furniture in accordance with such scale and standards as may be prescribed.",
"name": "Hospitals and dispensaries",
"related_acts": "",
"section_id": 77
},
{
"act_id": 549,
"details": "72. A Paurashava may, and if so required by the Government shall, take such measures as may be necessary or as may be specified by the Government for- (a)\tthe provision and maintenance of first aid centres; (b)\tthe provision and maintenance of mobile medical aid units; (c)\tthe promotion and encouragement of societies for the provision of medical aid; (d)\tthe promotion of medical education; (e)\tthe payment of grants to institutions for medical relief; and (f) \tthe medical inspection of school children.",
"name": "Medical aid and relief and medical education, etc.",
"related_acts": "",
"section_id": 78
},
{
"act_id": 549,
"details": "73. (1) A Paurashava shall, within the limits of the funds at its disposal, provide, or cause to be provided, to the municipality a supply of wholesome water sufficient for public and private purposes. (2) A Paurashava may, and if so required by the Prescribed Authority shall, in the prescribed manner, frame and execute a water-supply scheme for the construction and maintenance of such works for the provision, storage and distribution of water as may be necessary. (3) Where a piped water-supply is provided, the Paurashava may supply water to private and public premises in such manner and on payment of such charges as the by-laws may provide.",
"name": "Water-supply",
"related_acts": "",
"section_id": 79
},
{
"act_id": 549,
"details": "74. (1) All private sources of water-supply within a municipality shall be subject to control, regulation and inspection by the Paurashava. (2) No new well, water-pump or any other source of water for drinking purposes shall be dug, constructed, or provided except with the sanction of the Paurashava. (3) A Paurashava may by notice required the owner or any person having the control of any private source of water-supply used for drinking purposes- (a)\tto keep the same in good order and to clear it from time to time of silt, refuse and decaying matter; (b) \tto protect the same from contamination in such manner as the Paurashava may direct; and (c)\tif the water therein is proved to the satisfaction of the Paurashava to be unfit for drinking purposes, to take such measures as may be specified in the notice to prevent the use of such water for drinking purposes.",
"name": "Private sources of water-supply",
"related_acts": "",
"section_id": 80
},
{
"act_id": 549,
"details": "75. (1) A Paurashava shall, within the limits of the funds at its disposal, provide an adequate system of public drains in the municipality and all such drains shall be constructed, maintained, kept, cleared and emptied with due regard to the health and convenience of the public. (2) Every owner or occupier of any land or building within the municipality may, with the previous permission of the Paurashava and subject to such terms and conditions, including the payment of fees, as the Paurashava may impose, cause his drains to be emptied into public drains. (3) All private drains shall be subject to control, regulation and inspection by the Paurashava and the Paurashava may, in such manner as the by-laws may provide, require the provision, alteration, covering, clearing and closing of private drains.",
"name": "Drainage",
"related_acts": "",
"section_id": 81
},
{
"act_id": 549,
"details": "76. (1) A Paurashava may, and if so required by the Prescribed Authority shall, prepare a Drainage Scheme in the prescribed manner for the construction of drains at public and private expense, and other works for the effective drainage and disposal of sullage. (2) A Drainage Scheme prepared under sub-section (1) shall be submitted for approval to the Prescribed Authority, which may approve it, reject it, or approve it subject to such modifications as it may deem fit. (3) The Drainage Scheme as approved by the Prescribed Authority shall be executed and implemented in such manner, within such period and by such authority as may be specified by the Prescribed Authority. (4) A Paurashava may by notice require the owner of any building or land within the municipality- (a)\tto construct such drains within the building or land or the street adjoining such building or land as may be specified in the notice; (b)\tto remove, alter, or improve any such drains; and (c)\tto take such other steps for the effective drainage of the building or land as may be so specified.",
"name": "Drainage Schemes",
"related_acts": "",
"section_id": 82
},
{
"act_id": 549,
"details": "77. (1) A Paurashava may from time to time- (a) \tset apart suitable places for use by the public for bathing, for washing clothes, or for drying clothes; (b)\tspecify the times at which and the sex of persons by whom such places may be used; and (c)\tprohibit, by public notice, the use by the public for any of the said purposes of any place not so set apart. (2) No person shall establish, maintain or run a hammam or a bath for public use except under a licence granted by the Paurashava and in conformity with the conditions and terms of such licence.",
"name": "Bathing and washing places",
"related_acts": "",
"section_id": 83
},
{
"act_id": 549,
"details": "78. (1) A Paurashava may provide dhobi ghats for the exercise of their calling by washer men, and may, by by-laws, regulate the use of dhobi ghats and levy fees for their use. (2) A Paurashava may, by by-laws, provide for the licensing of washer men and the regulation of their calling.",
"name": "Dhobi ghats and washer men",
"related_acts": "",
"section_id": 84
},
{
"act_id": 549,
"details": "79. (1) A Paurashava may, with the previous sanction of the Prescribed Authority, declare any source of water, spring, river, tank, pond, or public stream, or any part thereof within the municipality, which is not private property, to be a public water-course. (2) A Paurashava may, in respect of any public water-course, provide such amenities, make such arrangements for life saving, execute such works, and, subject to the provisions of any law for the time being in force relating to irrigation, drainage and navigation, regulate the use thereof , as the by-laws may provide.",
"name": "Public water-courses.",
"related_acts": "",
"section_id": 85
},
{
"act_id": 549,
"details": "80. (1) A Paurashava may, by by-laws, provide for the licensing of boats and other vessels plying for hire in a public water-course and may prescribe the terms and conditions for the grant of licences and the fees to be charged therefore. (2) The Government may declare any part of a public water-course to be a public ferry and may entrust the management thereof to the Paurashava and thereupon the Paurashava shall manage and operate the public ferry in such manner and levy such tolls as may be prescribed.",
"name": "Public ferries",
"related_acts": "",
"section_id": 86
},
{
"act_id": 549,
"details": "81. A Paurashava may, with the previous sanction of the Government, declare any public water-course as a public fishery, and thereupon the right of fishing in such water–course shall vest in the Paurashava which may exercise such right in such manner as may be prescribed.",
"name": "Public fisheries",
"related_acts": "",
"section_id": 87
},
{
"act_id": 549,
"details": "82. A Paurashava may by by-laws- (a)\tprohibit the manufacture, sale or preparation, or the exposure for sale, of any specified article of food or drink in any place or premises not licensed by the Paurashava; (b)\tprohibit the import into the municipality for sale, or the sale, or the hawking for sale, of any specified article of food or drink by persons not so licensed; (c)\tprohibit the hawking of specified articles of food and drink in such parts of the municipality as may be specified; (d)\tregulate the time and manner of transport within the municipality of any specified article of food or drink; (e)\tregulate the grant and withdrawal of licenses under this section and the levying of fees therefore; and (f)\tprovide for the seizure and disposal of any animal, poultry or fish intended for food which is diseased, or any article of food or drink which is noxious.",
"name": "By-laws for articles of food and drink",
"related_acts": "",
"section_id": 88
},
{
"act_id": 549,
"details": "83. (1) Except under a licence granted by the Paurashava and in conformity with the conditions of such licence, no person shall, within the municipality, keep milch cattle for the sale of milk, or sell milk, or export or import milk for sale, or manufacture butter, ghee, or any other milk or dairy product, nor shall any premises be used for any such purpose. (2) A Paurashava may, in the prescribed manner, and with the previous sanction of the Prescribed Authority, frame and enforce a Milk Supply Scheme, which may, among other matters, provide for the establishment of milkmen's colonies, the prohibition of the keeping of milch cattle in the municipality or any part thereof, and the adoption of such other measures as may be necessary for ensuring an adequate supply of pure milk to the public.",
"name": "Milk supply",
"related_acts": "",
"section_id": 89
},
{
"act_id": 549,
"details": "84. (1) A Paurashava may establish and maintain public markets, or may provide places for use as public markets, for the sale of articles of food and drink and of animals, and secure the proper management and sanitation of such markets. (2) A Paurashava may, in respect of public market, provide by by-laws- (a) \tthe fees to be charged for the use of or for the right to expose goods in the market; (b)\tthe fees to be levied on vehicles and animals bringing goods therein for sale; (c)\tthe fees to be charged for the use of shops, stalls, pens, or stamps; (d)\tthe fees to be charged in respect of animals brought for sale or sold; and (e)\tthe fees to be charged from brokers, commission agents, weighmen and other persons practising their calling therein.",
"name": "Public markets",
"related_acts": "",
"section_id": 90
},
{
"act_id": 549,
"details": "85. (1) No private market for the sale of articles of food or drink or for the sale of animals shall be established or maintained within a municipality except under a licence granted by the Paurashava and in conformity with the conditions of such licence. (2) Notwithstanding the provisions of sub-section (1), the owner of every private market within a municipality for the sale of articles of food or drink or for the sale of animals, maintained immediately before the coming into force of this Ordinance, shall, within three months, apply for a licence to the Paurashava and until the licence is granted shall continue to maintain the same. (3) A Paurashava may levy such fees in respect of private markets as the by-laws may provide. (4) If a Paurashava is satisfied that in public interest any private market should be discontinued or taken over by the Paurashava, it may direct that the market should be discontinued, or that, subject to the payment of such compensation as would have been payable if it had been acquired under the Land Acquisition Act, 1894 (I of 1894), the market should be taken over by the Paurashava. (5) A Paurashava may, by notice, require the owner of any private market to construct such works, provide such conveniences, and make such arrangements for the maintenance of the market, and within such period, as may be specified in the notice.",
"name": "Private markets",
"related_acts": "",
"section_id": 91
},
{
"act_id": 549,
"details": "86. A Paurashava shall provide and maintain at such site or sites within or without the limits of the municipality as the Prescribed Authority may approve one or more slaughter-houses for the slaughter of animals for sale or of any specified description of animals.",
"name": "Slaughter-houses",
"related_acts": "",
"section_id": 92
},
{
"act_id": 549,
"details": "87. (1) A Paurashava may, and if so required by the Government shall, provide for the establishment and maintenance of veterinary hospitals and dispensaries, and by by-laws regulate their working and fix the fees to be charged for treatment in such hospitals and dispensaries. (2) A Paurashava may, by by-laws, define contagious disease among animals and provide for measures that shall be adopted for prevention of the spread of such diseases, including the compulsory inoculation of animals, and the subjection to such treatment as may be necessary of such animals as may be suspected to have been infected with carriers of any such disease.",
"name": "Animal husbandry",
"related_acts": "",
"section_id": 93
},
{
"act_id": 549,
"details": "88. (1) A Paurashava may, by by-laws, provide for the seizure, detention and impounding of animals found straying in any street, public place or cultivated land. (2) A Paurashava may, and if so required by the Prescribed Authority shall, establish and maintain cattle pounds for the impounding of cattle and charge such fines and fees for the impounding of cattle as the by-laws may provide. (3) No animals shall be picketed or tethered in such streets or places as may be specified by the Paurashava and any animal found picketed or tethered in any such street or place shall be liable to seizure and impounding.",
"name": "Stray animals",
"related_acts": "",
"section_id": 94
},
{
"act_id": 549,
"details": "89. (1) A Paurashava may, with the previous approval of the Prescribed Authority, establish and maintain animal homes, where, subject to such terms and conditions and on payment of such fees and other charges as the by-laws may provide, the animals of private persons may be kept. (2) A Paurashava may, with the previous approval of the Prescribed Authority, establish and maintain cattle farms and poultry farms, and such farms shall be managed and administered in such manner as the by-laws may provide.",
"name": "Animal homes and farms",
"related_acts": "",
"section_id": 95
},
{
"act_id": 549,
"details": "90. A Paurashava may, by by-laws, require that every sale of such of the animals as may be specified shall be registered with the Paurashava in such manner, and subject to the payment of such fees, as the by-laws may provide.",
"name": "Registration of the sale of cattle",
"related_acts": "",
"section_id": 96
},
{
"act_id": 549,
"details": "91. A Paurashava may, with the previous approval of the Prescribed Authority, frame and execute a livestock scheme, which may, among other matters, provide that no person shall keep such animals above such age as may be specified, unless they are castrated or are certified by competent authority to be fit for breeding.",
"name": "Livestock improvement",
"related_acts": "",
"section_id": 97
},
{
"act_id": 549,
"details": "92. A Paurashava may by by-laws define the animals which shall be deemed to be dangerous animals and the circumstances under which animals not otherwise dangerous shall be deemed to be dangerous, and such by-laws may, among other matters, provide for the detention, destruction or disposal otherwise of such animals.",
"name": "Dangerous animals",
"related_acts": "",
"section_id": 98
},
{
"act_id": 549,
"details": "93. (1) A Paurashava may hold cattle shows and fairs within its area and charge such fees from the people attending such shows or fairs as the by-laws may provide. (2) A Paurashava may, with the previous approval of the Prescribed Authority, maintain or contribute towards the maintenance of zoological gardens.",
"name": "Cattle shows, zoos, etc",
"related_acts": "",
"section_id": 99
},
{
"act_id": 549,
"details": "94. Whenever an animal in the charge of a person dies, otherwise than by being slaughtered for sale or consumption, or for some other religious purpose, such person shall either- (a)\tconvey the carcass within twenty-four hours to a place, if any, fixed by the Paurashava for the disposal of the carcass, or to a place beyond the limits of the Municipality, not being a place within one mile of such limits; or (b)\tgive notice of the death to the Paurashava whereupon the Paurashava shall cause the carcass to be disposed of and charge such fees from the person concerned as the by-laws may provide. Explanation.- In this section, “animal” shall be deemed to mean all horned cattle, elephants, camels, horses, ponies, asses, mules, deer, sheep, goats, swine, dogs, cats and other large animals.",
"name": "Disposal of carcasses",
"related_acts": "",
"section_id": 100
},
{
"act_id": 549,
"details": "95. A Paurashava may, and if so required by the Prescribed Authority shall, draw up a Master Plan for the municipality which shall, among other matters, provide for- (a)\ta survey of the municipality including its history, statistics, public services and other prescribed particulars; (b)\tdevelopment, expansion, and improvement of any area within the municipality; and (c)\trestrictions, regulations and prohibitions to be imposed with regard to the development of sites, and the erection and re-erection of buildings within the municipality.",
"name": "Master Plan",
"related_acts": "",
"section_id": 101
},
{
"act_id": 549,
"details": "96. (1) Where a Master Plan has been drawn up under section 95 and such Master Plan has been approved, with or without any modifications by the Prescribed Authority, no owner of land exceeding such area as may be specified in this behalf in the Master Plan as so approved, shall develop the site or erect or re-erect a building on any plot of land covered by the Master Plan, except in conformity with the provisions of Site Development Scheme sanctioned for the area in the prescribed manner. (2) Among other matters, a Site Development Scheme may provide for- (a)\tthe division of the site into plots; (b)\tthe streets, drains, and open spaces to be provided; (c)\tthe land to be reserved for public purposes and to be transferred to the Paurashava; (d)\tthe land to be acquired by the Paurashava; (e)\tthe price of plots; (f)\tthe works that shall be executed at the cost of the owner or owners of the site or sites; and (g)\tthe period during which the area shall be developed.",
"name": "Site Development Schemes",
"related_acts": "",
"section_id": 102
},
{
"act_id": 549,
"details": "97. (1) The execution of a Site Development Schemes shall be subject to the inspection and control of the Paurashava, and the Paurashava may give such directions with regard to the execution of the Scheme as may be necessary for the proper development of site. (2) If any area is developed or otherwise dealt with in contravention of the provisions of the sanctioned Site Development Scheme, the Paurashava may, by notice, require the owner of such area or the person who has contravened the provisions to make such alteration in the site as may be specified in the notice and where such alteration is not made or for any reason cannot be carried out, the Paurashava may, in the prescribed manner, require and enforce the demolition of the offending structure, and notwithstanding anything to the contrary contained in any law, no compensation shall be payable for such demolition. (3) If an area for which a Site Development Scheme has been sanctioned is not developed within the period provided in the Site Development Scheme, and further extension is not allowed by the Paurashava or if the development is not in conformity with the terms of the Site Development Scheme, the Paurashava may, in the prescribed manner, take over the development of the site and execute the necessary works, and the cost incurred thereon by the Paurashava shall be deemed to be a tax levied on the owner or owners under this Ordinance.",
"name": "Execution of Site Development Schemes",
"related_acts": "",
"section_id": 103
},
{
"act_id": 549,
"details": "98. (1) No person shall erect or re-erect a building or commence to erect or re-erect a building unless the site has been approved, and the building plan has been sanctioned by the Paurashava (2) A person intending to erect or re-erect a building shall apply for sanction in the manner provided in the by-laws, and shall pay such fees as may be levied by the Paurashava with the previous sanction of the Prescribed Authority. (3) All building applications presented under this section shall be registered in the manner provided in the by-laws, and shall be disposed of as early as possible, but not later than sixty days from the date of the registration of the application, and if no order is passed on an application within sixty days of its registration, it shall be deemed to have been sanctioned to the extent to which it does not contravene the provisions of the building by-laws, or of the Master Plan or Site Development Scheme, if any. (4) A Paurashava may, for reasons to be stated in writing, reject a site plan or a building plan, but any person aggrieved thereby may appeal to the Prescribed Authority within thirty days of the order of rejection, and the order passed by the Prescribed Authority in appeal shall be final. (5) A Paurashava may sanction a site plan or a building plan subject to such modifications or terms as may be specified in the order of sanction. (6) Nothing in this section shall apply to any work, addition or alteration which the Paurashava may, by by-law, declare to be exempt.",
"name": "Erection and re-erection of buildings",
"related_acts": "",
"section_id": 104
},
{
"act_id": 549,
"details": "99. (1) Every person who has erected or re-erected a building shall, within thirty days of the completion of the building, report such completion to the Paurashava. (2) The Paurashava shall cause every building which has been completed to be inspected, and if it has been constructed in violation or contravention of any provision of this Ordinance, the rules or the by-laws or of the Master Plan of Site Development Scheme, if any, the Paurashava may require the alterations of the building so as to be in compliance therewith, and where such alteration is not possible, the Paurashava may require the building or any part thereof to be demolished, or on the application of the owner such building compound the offence, provided that no offence shall be so compounded if it involves any violation or contravention of the provisions of a Master Plan or of a sanctioned Site Development Scheme. (3) If a building is required to be demolished under the provisions of sub-section (2), and such requirement is not complied with within the specified period, the Paurashava may have the building demolished through its own agency, and the cost incurred thereon by the Paurashava shall be deemed to be a tax levied on the owner or occupier of the building under this Ordinance.",
"name": "Completion of buildings, alterations of buildings, etc.",
"related_acts": "",
"section_id": 105
},
{
"act_id": 549,
"details": "100. (1) If any building, or anything fixed thereon, be deemed by the Paurashava to be in a ruinous state or likely to fall or in any way dangerous to any inhabitant of such building or of any neighbouring building or to any occupier thereof or to passers-by, the Paurashava may, by notice, require the owner or occupier of such building to take such action in regard to the building as may be specified in the notice, and if there is default, the Paurashava may take the necessary steps itself and the cost incurred thereon by the Paurashava shall be deemed to be a tax levied on the owner or occupier of the building under this Ordinance. (2) If a building is in a dangerous condition, or otherwise unfit for human habitation, the Paurashava may prohibit the occupation of such building till it has been suitably repaired to the satisfaction of the Paurashava.",
"name": "Regulation of buildings",
"related_acts": "",
"section_id": 106
},
{
"act_id": 549,
"details": "101. (1) A Paurashava shall provide and maintain such public streets and other means of public communication as may be necessary for the comfort and convenience of the inhabitants of the municipality and of the visitors thereto. (2) A Paurashava shall, in the prescribed manner, prepare and execute a Road Maintenance and Development Programme, which shall form a part of the budget, and the Prescribed Authority may alter or amend the Programme in such manner as it considers necessary.",
"name": "Public streets",
"related_acts": "",
"section_id": 107
},
{
"act_id": 549,
"details": "102. (1) No new street shall be laid out except with the previous sanction of the Paurashava and in conformity with the terms and conditions of such sanction. (2) All streets other than public streets shall be maintained in such manner as the by-laws may provide. (3) A Paurashava may, by notice require, that any street may be paved, metalled, drained, channelled, improved or lighted in such manner as may be specified in the notice, and in the event of default, the Paurashava may have the necessary work done through its agency, and the cost incurred thereon by the Paurashava shall be deemed to be a tax levied on the person concerned under this Ordinance. (4) The Government may prescribe the manner in which a street other than a public street may be converted into a public street.",
"name": "Streets",
"related_acts": "",
"section_id": 108
},
{
"act_id": 549,
"details": "103. (1) A Paurashava may, with the previous sanction of the Prescribed Authority, assign names to streets and paint the names or fix the name plates on or at conspicuous places at or near the end, corner or entrance of the street. (2) No person shall destroy, deface or in any way injure any street, name or name plate, or without the previous permission of the Paurashava, remove the same. (3) A Paurashava may, in the manner provided in the by-laws, lay down street lines and building lines, and may, among other things, require the setting back of buildings to conform to such street lines and building lines. (4) A Paurashava may, by by-laws, define nuisances and offences with regard to streets, and provide for their prevention and abatement.",
"name": "General provisions about streets",
"related_acts": "",
"section_id": 109
},
{
"act_id": 549,
"details": "104. (1) A Paurashava shall take such measures as may be necessary for the proper lighting of the public streets and other public places vesting in the Paurashava by oil, gas, electricity or such other illuminant as the Paurashava may determine. (2) A Paurashava may, with the previous sanction of the Prescribed Authority frame and enforce a Street Lighting Scheme in the prescribed manner.",
"name": "Street-lightings",
"related_acts": "",
"section_id": 110
},
{
"act_id": 549,
"details": "105. A Paurashava shall take such measures as may be necessary for the watering of public streets for the comfort and convenience of the public, and may, for this purpose, maintain such vehicles, staff and other apparatus as may be necessary.",
"name": "Street watering",
"related_acts": "",
"section_id": 111
},
{
"act_id": 549,
"details": "106. A Paurashava shall, by by-laws, make such arrangements for the control and regulation of traffic as may be necessary to prevent danger to, and ensure the safety, convenience and comfort of, the public.",
"name": "Traffic control",
"related_acts": "",
"section_id": 112
},
{
"act_id": 549,
"details": "107. (1) No person shall keep or let for hire, or drive or propel within the limits of a municipality any public vehicle, other than a motor vehicle, except under a licence granted by the Paurashava, and in conformity with the conditions of such licence. (2) No horse or other animal shall be used for drawing a public vehicle within the limits of a municipality except under a licence granted by the Paurashava and in conformity with the conditions of such licence. (3) A Paurashava shall, in such manner as by-laws may provide, and with the previous approval of the Prescribed Authority, fix the rate of fares for the use of public vehicles, and no person plying a public vehicle shall charge a fare in excess thereof. Explanation.- In this section, a “public vehicle” means any vehicle which ordinarily plies for hire.",
"name": "Public vehicles",
"related_acts": "",
"section_id": 113
},
{
"act_id": 549,
"details": "108. (1) For the prevention and extinction of fire, a Paurashava may, and if so required by the Prescribed Authority shall, maintain a fire brigade, consisting of such staff and such number of fire stations, and such implements, machinery, equipment and means of communicating intelligence as may be prescribed. (2) On the occurrence of a fire within a municipality, any Magistrate, any official of a fire brigade directing the operations, and any police officer not below the rank of Sub-Inspector, may- (a) \tremove or order the removal of any person who by his presence interferes or impedes the operations for extinguishing the fire or for saving life and property; (b) close any street or passage in or near which any fire is burning; (c) for the purpose of extinguishing the fire, break into or through, or pull down or cause to be broken into or through, or pulled down, or use for the passage of hoses or other appliances, any premises; (d)\tcause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred; (e) \tcall on the person in charge of any fire engine to render such assistance as may be possible; and (f) \tgenerally take such measures as may appear necessary for the preservation of life and property. (3) No person shall be liable to pay damages in respect of anything done or in good faith intended to be done under this section. (4) Notwithstanding the provisions of sub-section (3) or of any other law, or the terms of any insurance policy, any damage done in the exercise of a power conferred, or in the discharge of a duty imposed, by this section shall be deemed to be a damage by fire, for the purposes of any policy of insurance against fire.",
"name": "Fire fighting",
"related_acts": "",
"section_id": 114
},
{
"act_id": 549,
"details": "109. A Paurashava shall be responsible for the Civil Defence of the municipality, and it shall, in this behalf, perform such functions as may be prescribed.",
"name": "Civil Defence",
"related_acts": "",
"section_id": 115
},
{
"act_id": 549,
"details": "110. For the fighting of floods, rescuing of people from flood affected areas, and affording relief to flood-stricken people, a Paurashava may, and if so required by the Prescribed Authority shall, provide, such boats appliances and equipment as may be specified by the Prescribed Authority.",
"name": "Floods",
"related_acts": "",
"section_id": 116
},
{
"act_id": 549,
"details": "111. In the event of a famine, a Paurashava may, with the sanction of the Prescribed Authority, execute such famine works and undertake such famine relief measures as may be necessary or may be specified by the Prescribed Authority.",
"name": "Famine",
"related_acts": "",
"section_id": 117
},
{
"act_id": 549,
"details": "112. (1) The Government may by rules, define the articles and trades which shall be deemed to be dangerous or offensive for the purposes of this section. (2) Except under and in conformity with the conditions of a licence granted by the Paurashava- (a)\tno person shall carry on any dangerous or offensive trade; (b)\tno premises shall be used or suffered to be used for any dangerous or offensive trade; and (c)\tno person shall store or keep in any premises- (i)\tany dangerous or offensive article except for domestic use; or (ii)\tany dangerous or offensive article in excess of such limits as may be fixed by the by-laws. (3) A Paurashava may, with the previous sanction of the Prescribed Authority, prepare and enforce a scheme providing for the prohibition of dangerous and offensive trades in specified areas within the municipality, and for the restriction of such trades in any area not so specified.",
"name": "Dangerous and offensive articles and trades",
"related_acts": "",
"section_id": 118
},
{
"act_id": 549,
"details": "113. (1) A Paurashava may, and if so required by the Prescribed Authority shall, provide suitable places for the burial and burning of the dead, and shall take necessary measures for the proper maintenance and administration of such burial and burning places. (2) The Government may, by notification in the official Gazette, declare that any burial or burning place which is open to public for burial or burning shall vest in a Paurashava and thereupon such burial or burning place shall vest in the Paurashava, and the Paurashava shall take all measures necessary for the proper maintenance and administration thereof. (3) Every burial or burning place which is not administered by a Paurashava shall be registered with the Paurashava and shall be subject to regulation, supervision and inspection by the Paurashava in such manner as the by-laws may provide. (4) No new burial or burning place shall be established within a municipality, except under a licence granted by the Paurashava, and in conformity with the conditions of such licence .",
"name": "Burial and burning places",
"related_acts": "",
"section_id": 119
},
{
"act_id": 549,
"details": "114. (1) A Paurashava shall plant trees on public streets and other public places within the municipality and take all such steps as may be necessary for the plantation and protection of trees on such streets and places. (2) A Paurashava may, in the prescribed manner and with the previous sanction of the Prescribed Authority, frame and enforce an Arboriculture Plan.",
"name": "Arboriculture",
"related_acts": "",
"section_id": 120
},
{
"act_id": 549,
"details": "115. (1) A Paurashava may, and if so required by the Prescribed Authority shall, lay out and maintain within the municipality such public gardens as may be necessary for the recreation and convenience of the public and such public gardens shall be maintained and administered in such manner as the by-laws may provide. (2) For every public garden, there shall be framed and enforced, in the prescribed manner, a Garden Development Plan which shall provide for the development and improvement of the garden.",
"name": "Gardens",
"related_acts": "",
"section_id": 121
},
{
"act_id": 549,
"details": "116. A Paurashava may provide and maintain within the municipality such open spaces as may be necessary for the convenience of the public and such spaces shall be grassed, hedged, planted and equipped with such amenities and in such manner as the by-laws may provide.",
"name": "Open spaces",
"related_acts": "",
"section_id": 122
},
{
"act_id": 549,
"details": "117. A Paurashava may, in the prescribed manner, frame and enforce Forest plans providing for the improvement, development and exploitation of forests and plant, maintain and work forests in accordance with such plans.",
"name": "Forests",
"related_acts": "",
"section_id": 123
},
{
"act_id": 549,
"details": "118. (1) A Paurashava may, by by-laws, determine the pests of trees and plants and provide for their destruction. (2) If any land or premises within a municipality is grown with rank or noxious vegetation or undergrowth, the Paurashava may, by notice, require the owner or occupier of such land or premises to clear such vegetation or undergrowth within a specified time, and if he fails to do so within such time, the Paurashava may have such vegetation or undergrowth cleared, and the cost incurred thereon by the Paurashava shall be deemed to be a tax levied on the owner or occupier under this Ordinance. (3) A Paurashava may, in the manner provided in the by-laws, require the felling of any tree which is dangerous, or the trimming of the branches of any tree which overhang and are likely to interfere with traffic or are otherwise inconvenient. (4) A Paurashava may, in the manner provided in the by-laws, prohibit the cultivation of any crop which is considered dangerous to public health within such part of the municipality as may be specified.",
"name": "Nuisances pertaining to trees and plantations",
"related_acts": "",
"section_id": 124
},
{
"act_id": 549,
"details": "119. A Paurashava may, and if so required by the Prescribed Authority shall, take such steps with regard to the excavation and re-excavation of tanks and the reclamation of low lying areas as it thinks fit, or, as the case may be, the Prescribed Authority directs.",
"name": "Tanks and low-lying areas",
"related_acts": "",
"section_id": 125
},
{
"act_id": 549,
"details": "120. (1) A Paurashava shall maintain such educational institutions as may be required by the Prescribed Authority, and may, with the previous approval of the Prescribed Authority, maintain such other educational institutions as may be necessary for the promotion of education in the municipality.\t(2) All educational institutions maintained by the Paurashava shall be maintained in a state of efficiency and shall conform to such standards as may be prescribed. (3) A Paurashava may levy such fees for the use of educational institutions as may be prescribed. (4) A Paurashava may, with the previous approval of the Prescribed Authority, give financial aid to private educational institutions within the municipality.",
"name": "Education",
"related_acts": "",
"section_id": 126
},
{
"act_id": 549,
"details": "121. Subject to any law for the time being in force, a Paurashava shall be responsible for the enforcement of compulsory education in the municipality, and it may, in this behalf, adopt all such measures as may be necessary to ensure that every child of school-going age in the municipality attends a school recognised by the Paurashava.",
"name": "Compulsory education",
"related_acts": "",
"section_id": 127
},
{
"act_id": 549,
"details": "122. A Paurashava may- (a)\tconstruct and maintain buildings to be used as hostels for students; (b) give scholarships to deserving or specially bright students; (c) \tprovide for the training of teachers; (d) \tpromote adult education; (e) \tprovide school books to orphans and indigent students free of cost or at concessional rates; (f)\tmaintain depots for the sale of school books and articles of stationery; and (g)\twith the previous approval of the Prescribed Authority- (i)\tpromote and assist educational societies; (ii)\tundertake educational survey and enforce educational plans; (iii) provide, whether free of charge or on payment, milk or meals for school children; (h)\tadopt any other measures likely to promote the cause of education.",
"name": "General provisions about education",
"related_acts": "",
"section_id": 128
},
{
"act_id": 549,
"details": "123. A Paurashava may, and if so required by the Prescribed Authority shall,- (a)\testablish and maintain information centres for the furtherance of civic education and the dissemination of information on such matters as community development, and other matters of public interest; (b)\tmaintain radio sets at public institutions and public places; (c)\torganise museums, exhibitions and art galleries; (d)\tprovide and maintain public halls and community centres; (e)\tcelebrate the Holy Prophet's Birthday, Independence day and other national holidays; (f)\tprovide for the reception of distinguished visitors visiting the municipality; (g)\tencourage national language; (h)\tpromote physical culture, and encourage public games and sports and organise rallies and tournaments; (i) \tpromote tours to the municipality and adopt measures for the preservation of the historical and indigenous characteristics of the municipality ; (j)\tprovide, promote or subsidise facilities for the recreation of the public; and (k)\tadopt any other measures likely to promote cultural progress and advancement.",
"name": "Culture",
"related_acts": "",
"section_id": 129
},
{
"act_id": 549,
"details": "124. A Paurashava may, and if so required by the Prescribed Authority shall, establish and maintain such public libraries, reading rooms and circulating libraries as may be necessary for the use of the public.",
"name": "Libraries",
"related_acts": "",
"section_id": 130
},
{
"act_id": 549,
"details": "125. A Paurashava shall, with the previous approval of the Prescribed Authority, make such arrangements on the occasion of any fairs, shows or public festivals within the municipality as may be necessary for the public health, public safety and public convenience, and may levy fees on the persons attending such fairs and shows.",
"name": "Fairs, shows, etc.",
"related_acts": "",
"section_id": 131
},
{
"act_id": 549,
"details": "126. A Paurashava may, and if so required by the Prescribed Authority shall,- (a)\testablish, manage and maintain welfare homes, asylums, orphanages, widow homes and other institutions for the relief of the distressed; (b)\tprovide for the burial and burning of paupers found dead within the municipality at its own expense; (c) adopt such measures as may be prescribed for the prevention of beggary, prostitution, gambling, taking of injurious drugs and consumption of alcoholic liquor, juvenile delinquency and other social evils; (d)\torganise social service volunteers; (e)\tadopt such measures as may be prescribed for the promotion of the welfare of backward classes, families of the persons serving in the Armed Forces, and women and children; and (f)\tadopt any other measures likely to promote social welfare.",
"name": "Social welfare",
"related_acts": "",
"section_id": 132
},
{
"act_id": 549,
"details": "127. (1) A Paurashava may, and if so required by the Government shall, prepare and implement development plans for such periods and in such manner as may be specified. (2) Such plans shall be subject to the sanction of the Prescribed Authority and shall provide for- (a)\tthe prevention of environmental pollution; (b)\tthe promotion, improvement and development of such function or functions of the Paurashava as may be specified; (c)\tthe manner in which the plan shall be financed, executed, implemented and supervised; (d)\tthe agency through which the plan shall be executed and implemented; and (e)\tsuch other matters as may be necessary. (3) The Government may direct that any specified item of income of a Paurashava shall wholly or in part be earmarked and applied in the implementation of a development plan.",
"name": "Development plans",
"related_acts": "",
"section_id": 133
},
{
"act_id": 549,
"details": "128. A Paurashava may, in the prescribed manner, sponsor or promote community development projects for the municipality or any part thereof and may in this behalf, perform such functions as may, be prescribed.",
"name": "Community Development Projects",
"related_acts": "",
"section_id": 134
},
{
"act_id": 549,
"details": "129. A Paurashava may, in the prescribed manner, and with the previous sanction of the Government, promote, administer, execute and implement schemes for undertaking any commercial or business enterprise.",
"name": "Commercial Schemes",
"related_acts": "",
"section_id": 135
},
{
"act_id": 549,
"details": "130. The Government shall exercise general supervision and control over the Paurashavas in order to ensure that their activities conform to the purposes of this Ordinance.",
"name": "Supervision over Paurashavas",
"related_acts": "",
"section_id": 136
},
{
"act_id": 549,
"details": "131. (1) If, in the opinion of the Prescribed Authority, anything done or intended to be done by or on behalf of a Paurashava is not in conformity with law, or is in any way against public interest, the Prescribed Authority may, by order,- (a) \tquash the proceedings; (b) \tsuspend the execution of any resolution passed or order made by the Paurashava; (c) \tprohibit the doing of anything proposed to be done ; and (d)\trequire the Paurashava to take such action as may be specified. (2) Where an order under sub-section (1) is made by a Prescribed Authority, the Paurashava concerned may, within thirty days of the receipt of the order, represent against it to the Government, and the Government may either confirm or modify or set aside the order.",
"name": "Control over activities of Paurashavas",
"related_acts": "",
"section_id": 137
},
{
"act_id": 549,
"details": "132. (1) The Prescribed Authority may direct any Paurashava, or any person or authority responsible thereto, to take, within such period as may be specified, such action as may be necessary for carrying out the purposes of this Ordinance. (2) Where, after due enquiry, the Prescribed Authority is satisfied that a Paurashava or person or authority has failed to comply with any direction given under sub-section (1), the Prescribed Authority may appoint a person or persons to give effect to such direction, and may further direct that the expenses incurred in connection therewith shall be borne by the Paurashava. (3) Should the expenses be not so paid, the Prescribed Authority may make an order directing the person having the custody of the balance of the Paurashava Fund to pay the expense, or so much thereof as may from time to time be possible.",
"name": "Power of Prescribed Authority to give direction to Paurashavas",
"related_acts": "",
"section_id": 138
},
{
"act_id": 549,
"details": "133. (1) The Government may, either suo motu or on an application made to it by any person, cause an enquiry to be made by such officer as may be authorised by it in this behalf, into the affairs of a Paurashava generally, or into any particular matter concerning a Paurashava and take such remedial measures as may be warranted by the findings of such enquiry. (2) Such officer shall, for the purposes of the enquiry, have the powers of a Court under the Code of Civil Procedure, 1908 (Act V of 1908), to take evidence and to compel the attendance of witnesses and the production of documents. (3) The Government may make an order as respects the costs of the enquiry and the parties by whom it shall be paid. (4) Any amount payable under sub-section (3) by any person, not being a Paurashava, shall be recoverable as a public demand.",
"name": "Inquiry into the affairs of Paurashavas",
"related_acts": "86",
"section_id": 139
},
{
"act_id": 549,
"details": "134. (1) The Government may set up institutions for the training of the commissioners and staff of Paurashavas, for the promotion of research in local government in urban areas and allied subjects, and may, by rules, provide- (a) \tfor the administration of such institutions; (b) \tfor the compulsory training of commissioners and staff; (c)\tfor the courses to be studied; and (d)\tfor the holding of examinations and the award of diplomas and certificates to successful candidates. (2) Every Paurashava shall pay towards the cost of the institutions set up under sub-section (1) in such proportion as the Government may, from time to time, determine.",
"name": "Training Institutions",
"related_acts": "",
"section_id": 140
},
{
"act_id": 549,
"details": "135. (1) If, after such inquiry as may be necessary, the Government is of the opinion that a Paurashava- (a) \tis unable to discharge, or persistently fails in discharging, its duties, or (b) is unable to administer its affairs or meet its financial obligations, or (c) \tgenerally acts in a manner contrary to public interest, or (d) \totherwise exceeds or abuses its powers, 83 or (e) \thas failed, without any reasonable excuse, to collect less than seventy five per cent of the total amount of the taxes, rates, tolls, fees and other charges levied by it in a year, the Government may, by notification in the official Gazette, declare the Paurashava to be superseded for such period, not exceeding the residue of the term of such Paurashava, as may be specified. (2) On the publication of a notification under sub-section (1),- (a)\tthe persons holding office as Chairman and commissioners of the Paurashava shall cease to hold office; (b)\tall functions of the Paurashava shall, during the period of supersession, be performed by such person or authority as the Government may appoint in this behalf; and (c)\tall funds and property belonging to the Paurashava shall, during the period of supersession, vest in the Government. (3) On the expiry of the period of supersession, the Paurashava shall be reconstituted in accordance with the provisions of this Ordinance and the rules.",
"name": "Supersession of Paurashavas",
"related_acts": "",
"section_id": 141
},
{
"act_id": 549,
"details": "136. (1) Where proceedings have been initiated for the removal of Chairman of a Paurashava under section 13 or where criminal proceedings under any law have been started against him and, in the opinion of the Prescribed Authority, the exercise of powers by him is either likely to be pre-judicial to the interest of the Paurashava or undesirable from the administrative point of view, the Prescribed Authority may, with the previous approval of the Government , by order in writing, suspend the Chairman. 84(2) When an order of suspension has been made under sub-section (1), the Chairman shall, not later than three days from the date of communication of the order, make over charge of his office to the Commissioner on the panel of Chairman who is entitled to perform the functions of the office of Chairman during his absence and such commissioner shall continue to perform such functions until the proceedings against the Chairman are terminated or, in the event of removal of the Chairman, until a new Chairman is elected for the Paurashava. (3) No Court shall enquire into, or question the validity of, any order made under sub-section (1).",
"name": "Suspension of Chairman in certain circumstances",
"related_acts": "",
"section_id": 142
},
{
"act_id": 549,
"details": "137. Any Paurashava may join any other Paurashava or Paurashavas, or any local parishad or parishads, or any other local authority or authorities, in appointing a Joint Committee for any purpose in which such Paurashavas, parishads or authorities may be jointly interested, and may delegate to such Joint Committee any power which may be exercised by it, including the power to make regulations for the conduct of business.",
"name": "Joint Committees",
"related_acts": "",
"section_id": 143
},
{
"act_id": 549,
"details": "138. If any dispute arises between two or more Paurashavas, or between a Paurashava and a local parishad, the matter shall be referred- (a)\tto the Divisional Commissioner, if the parties concerned are within the same division, and (b)\tto the Government, if the parties concerned are in different divisions, or if one of the parties is a Cantonment Board, and the decision of the Divisional Commissioner or the Government, as the case may be, shall be final.",
"name": "Disputes between Paurashavas and local parishads",
"related_acts": "",
"section_id": 144
},
{
"act_id": 549,
"details": "139. Every act or omission specified in the Second Schedule shall be an offence under this Ordinance.",
"name": "Offences",
"related_acts": "",
"section_id": 145
},
{
"act_id": 549,
"details": "140. An offence under this Ordinance shall be punished with fine which may extend to five hundred Taka, and if the offence is a continuing one, with a further fine which may extend to twenty Taka for every day after the date of the first commission during which period the offender has persisted in the offence.",
"name": "Punishment",
"related_acts": "",
"section_id": 146
},
{
"act_id": 549,
"details": "141. The Chairman, or any person generally or specially authorised by the Prescribed Authority in this behalf, may compound any offence under this Ordinance.",
"name": "Compounding of offences",
"related_acts": "",
"section_id": 147
},
{
"act_id": 549,
"details": "142. No Court shall take cognizance of any offence under this Ordinance except on a complaint in writing received from the Chairman, or a person generally or specially authorised by the Paurashava in this behalf.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 148
},
{
"act_id": 549,
"details": "143. (1) No person shall make an encroachment, movable or immovable, on, over or under a street, drain or a public place. (2) Subject to by-laws, a Paurashava may, by notice, require the person responsible for any such encroachment to remove the same within such period as may be specified, and if the encroachment is not removed within such period, the Paurashava may cause the encroachment to be removed through its own agency; and the cost incurred thereon by the Paurashava shall be deemed to be a tax levied on the person responsible for the encroachment under this Ordinance. (3) Notwithstanding anything contained in any other law, no compensation shall be payable for any encroachment removed or required to be removed under this section.",
"name": "Encroachments",
"related_acts": "",
"section_id": 149
},
{
"act_id": 549,
"details": "144. (1) Any person aggrieved by an order passed by a Paurashava or its Chairman in pursuance of this Ordinance or the rules or by-laws may appeal to such authority, in such manner and within such period as may be prescribed. (2) Any order passed in appeal shall be final and shall not be called in question in any Court.",
"name": "Appeals",
"related_acts": "",
"section_id": 150
},
{
"act_id": 549,
"details": "145. The Government may, by Standing Orders issued from time to time- (a)\tdefine and regulate the relations of Paurashavas inter se, and with local parishads and other local authorities; (b)\tprovide for co-ordinating the activities of Paurashavas and Government departments; (c)\tprovide for giving financial assistance to Paurashavas, including the making of grants for specified purposes, on specified terms and conditions; (d)\tprovide for the making of financial contributions by one Paurashava to another Paurashava or to any other local authority; and (e)\tprovide for the general guidance of Paurashavas in carrying out the purpose of this Ordinance.",
"name": "Standing orders",
"related_acts": "",
"section_id": 151
},
{
"act_id": 549,
"details": "146. (1) The Government may make rules to carry out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters enumerated in the Third Schedule, and all matters incidental, consequential and supplemental thereto.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 152
},
{
"act_id": 549,
"details": "147. (1) A Paurashava may, and if so required by the Government shall, make by-laws, not inconsistent with the rules, to carry out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such by-laws may provide for all or any of the matters enumerated in the Fourth Schedule, and all matters incidental, consequential and supplemental thereto.",
"name": "By-laws",
"related_acts": "",
"section_id": 153
},
{
"act_id": 549,
"details": "148. A Paurashava may make Regulations to regulate the procedure in respect of all or any of the matters enumerated in the Fifth Schedule, and all matters incidental, consequential and supplemental thereto.",
"name": "Regulations",
"related_acts": "",
"section_id": 154
},
{
"act_id": 549,
"details": "149. (1) All by-laws shall be made subject to the condition of previous publication. (2) All by-laws and regulations made by a Paurashava shall be subject to the approval of the Prescribed Authority. (3) The Government may frame model by-laws and regulations, and in framing the by-laws, and regulations the Paurashavas shall be guided by such model by-laws and regulations. (4) All rules, by-laws and regulations shall be notified in the official Gazette. (5) Copies of rules and of by-laws and regulations pertaining to a Paurashava shall be kept available at the office of the Paurashava for inspection and sale. (6) All rules and by-laws when duly made shall be deemed to form part of this Ordinance and shall have effect accordingly.",
"name": "General provisions relating to rules, etc.",
"related_acts": "",
"section_id": 155
},
{
"act_id": 549,
"details": "150. (1) The Government may, by notification in the official Gazette, delegate all or any of its powers under this Ordinance or the rules to a Divisional Commissioner or any other officer subordinate to it. (2) A Divisional Commissioner may, with the previous sanction of the Government, delegate all or any of his powers under this Ordinance or the rules, not being powers delegated to him under sub-section (1), to any officer subordinate to him.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 156
},
{
"act_id": 549,
"details": "151. (1) Wherever it is provided in this Ordinance, or the rules or by-laws, that the permission or sanction of a Paurashava shall be necessary to the doing of any act, such permission or sanction shall be in writing. (2) Every licence, sanction or permission granted by or under the authority of a Paurashava shall be signed by the Chairman, or with the permission of the Chairman, by such official of the Paurashava as may be authorised in this behalf by rules or regulations.",
"name": "Licences and sanctions",
"related_acts": "",
"section_id": 157
},
{
"act_id": 549,
"details": "152. No suit shall be instituted against a Paurashava, or against any commissioner, officer or employee of a Paurashava in respect of any act done or purporting to be done in official capacity, until the expiration of one month next after notice in writing has been, in the case of a Paurashava, delivered or left at its office, and in the case of a commissioner, officer or employee, delivered to him or left at his office or place of abode, stating the cause of action and the name and place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left.",
"name": "Institution of suits against Paurashavas, etc.",
"related_acts": "",
"section_id": 158
},
{
"act_id": 549,
"details": "153. (1) Where anything is required to be done or not to be done by any person under this Ordinance or the rules or by-laws, a notice shall be served on the person concerned specifying the time within which the requirement shall be complied with.",
"name": "Notice and service thereof",
"related_acts": "",
"section_id": 159
},
{
"act_id": 549,
"details": "154. All records prepared or registers maintained under this Ordinance shall be deemed to be public documents within the meaning of the Evidence Act, 1872 (I of 1872), and shall be presumed to be genuine until the contrary is proved.",
"name": "Records to be public documents",
"related_acts": "24",
"section_id": 160
},
{
"act_id": 549,
"details": "155. Every Chairman, commissioner, officer and employee of a Paurashava, and every other person duly empowered to act on behalf of a Paurashava, shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (Act XLV of 1860).",
"name": "Commissioners, etc., to be public servants",
"related_acts": "",
"section_id": 161
},
{
"act_id": 549,
"details": "156. No suit, prosecution or other legal proceedings shall lie against the Government or any Paurashava or against any person authorised by either, for anything which is in good faith done or intended to be done under this Ordinance or the rules, by-laws or regulations or for any damage caused or likely to be caused by any such thing.",
"name": "Protection of action taken in good faith, etc.",
"related_acts": "",
"section_id": 162
},
{
"act_id": 549,
"details": "157. (1) For the purpose of first general elections to Paurashavas under this Ordinance, unless the Government otherwise directs,- (a)\tall the municipalities in existence immediately before the commencement of this Ordinance shall be deemed to be municipalities declared under section 4; and (b)\tall the constituencies within the said municipalities, except the municipalities of Dacca, Gulshan, Mirpur, Lakshmipur and Kalia, shall be deemed to be wards thereof delimited under Chapter II of Part II. (2) For the first general election to Paurashavas of the municipalities of Dacca, Gulshan, Mirpur, Lakshmipur and Kalia, the wards shall be delimited by the Government in such manner as it deems fit.",
"name": "Municipalities and wards for first elections",
"related_acts": "",
"section_id": 163
},
{
"act_id": 549,
"details": "158. (1) On the coming into force of this Ordinance, the Municipal Administration Ordinance, 1960 (X of 1960), the Bangladesh Local Councils and Municipal Committees (Dissolution and Administration) Order, 1972 (P.O. No. 7 of 1972), and the Bangladesh Local Government (Union Parishad and Paurashava) Order, 1973 (P.O. No. 22 of 1973), and the Dacca Municipal Corporation Act, 1974 (LVI of 1974), hereinafter referred to as the said laws, shall stand repealed. (2) Upon the repeal of the said laws,- (a)\tnotwithstanding anything contained in this Ordinance, until the Paurashavas are constituted under this Ordinance,- (i)\tthe Paurashavas functioning immediately before such repeal shall discharge the functions of, and be deemed to be, the Paurashavas constituted under this Ordinance; (ii)\tthe person holding office as Administrator of any Paurashava before such repeal shall continue to hold such office; (b)\tall rules, regulations, by-laws or orders made, notifications or notices issued, or licences or permissions granted under the said laws, and in force immediately before such repeal, shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been respectively made, issued or granted under the provisions of this Ordinance until they are repealed or amended under the said provisions; (c)\tall assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash and bank balances, funds, investments and all other rights and interests in, or arising out of, such property of the Paurashavas, subsisting immediately before such repeal shall stand transferred to and vest in the successor Paurashavas; (d)\tall debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Paurashavas before such repeal shall be deemed to have been incurred, entered into or engaged to be done by, with or for the successor Paurashavas; (e)\tall budget estimates, assessments, valuation, scheme or plans made by the Paurashavas before such repeal shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been made under the provisions of this Ordinance, by the successor Paurashavas until they are amended or superseded under the said provisions; (f)\tall taxes, rates, tolls, fees and sums of money due to the Paurashavas before such repeal shall be deemed to be due to the successor Paurashavas under this Ordinance; (g)\tall taxes, rates, tolls, fees and other charges levied by the Paurashavas before such repeal shall, until they are varied by the successor Paurashavas, continue to be levied at the same rate at which they were levied by them immediately before such repeal; (h)\tall officers and employees of the Paurashavas shall stand transferred to and become officers or employees of the successor Paurashavas and shall hold office or service in the Paurashavas on the same terms and conditions as were enjoyed by them immediately before such repeal and shall continue to do so until such terms and conditions are duly altered; (i)\tall suits, prosecutions and other legal proceedings instituted by or against the Paurashavas before such repeal shall be deemed to be suits, prosecutions and proceedings by or against the successor Paurashavas and shall be proceeded or otherwise dealt with accordingly. (3) For the purpose of sub-section (2), a Paurashava shall be deemed to be the successor of the Paurashava of the Municipalities for which the Paurashava is, or is deemed to be, constituted.",
"name": "Repeals and savings",
"related_acts": "",
"section_id": 164
},
{
"act_id": 549,
"details": "159. Where this Ordinance makes any provision for anything to be done but no provision, or no sufficient provision has been made as respects the authority by whom, or the manner in which, it shall be done, then, it shall be done by such authority and in such manner as may be prescribed.",
"name": "Certain matters to be prescribed",
"related_acts": "",
"section_id": 165
},
{
"act_id": 549,
"details": "160. If any difficulty arises in giving effect to the provisions of this Ordinance, the Government may, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of two years from the coming into force of this Ordinance.",
"name": "Removal of difficulties",
"related_acts": "",
"section_id": 166
}
],
"text": "An Ordinance to provide for the constitution of local government institutions in urban areas and to consolidate and amend certain laws relating to local government in such areas. WHEREAS it is expedient to provide for the constitution of local government institutions in urban areas and to consolidate and amend certain laws relating to local government in such areas; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 550,
"lower_text": [],
"name": "The Minimum Wages (Fixation) (Repeal) Ordinance, 1977",
"num_of_sections": 2,
"published_date": "6th July, 1977",
"related_act": [
550
],
"repelled": false,
"sections": [
{
"act_id": 550,
"details": "1. (1) This Ordinance may be called the Minimum Wages (Fixation) (Repeal) Ordinance, 1977. (2) It shall be deemed to have come into force on the 6th day of November, 1973.",
"name": "Short title and commencement",
"related_acts": "550",
"section_id": 1
},
{
"act_id": 550,
"details": "2. The Minimum Wages (Fixation) Ordinance, 1969 (E.P. Ord. X of 1969), is hereby repealed.",
"name": "Repeal of E.P. Ord. X of 1969",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal the Minimum Wages (Fixation) Ordinance, 1969. WHEREAS it is expedient to repeal the Minimum Wages (Fixation) Ordinance, 1969 (E.P. Ord. X of 1969); NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975 and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :-"
} |
{
"id": 551,
"lower_text": [
"1 Clause (hh) was inserted by section 2 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"2 Clause (j) was substituted by section 2 of the Seeds (Amendment) Act, 1997 (Act No. XIII of 1997)",
"3 Clause (kk) was substituted by section 2 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"4 Sub-section (2) was substituted by section 3 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"5 The words “names and designations” were substituted for the words “names or designations” by section 3 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005",
"6 Sub-section (7) was substituted by section 3 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"7 The words “and any person so appointed shall hold office for the unexpired term of his predecessor” were omitted by section 3 of the Seeds (Amendment) Act, 1997 (Act No. XIII of 1997)",
"8 The words “establish Seed Laboratory” were substituted for the words “establish a Seed Laboratory” by section 4 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"9 Section 5 was substituted by section 5 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"10 Section 6 was substituted by section 4 of the Seeds (Amendment) Act, 1997 (Act No. XIII of 1997)",
"11 The words “any kind or variety” were substituted for the words “any notified kind or variety” by section 6 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"12 Section 7A was inserted by section 8 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"13 Section 7 was substituted by section 5 of the Seeds (Amendment) Act, 1997 (Act No. XIII of 1997)",
"14 Clause (a) was substituted by section 7 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"15 Clause (aa) was inserted by section 7 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"16 Section 8 was substituted by section 9 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"17 The words “any kind or variety” were substituted for the words “any notified kind or variety” by section 10 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"18 The words “any kind or variety” were substituted for the words “any notified kind or variety” by section 11 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"19 The words “any kind or variety” were substituted for the words “any notified kind or variety” by section 11 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"20 The words “any kind or variety” were substituted for the words “any notified kind or variety” by section 11 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"21 The word “action” was substituted for the word “section” by section 6 of the Seeds (Amendment) Act, 1997 (Act No. XIII of 1997)",
"22 The words “any kind or variety” were substituted for the words “any notified kind or variety” by section 12 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"23 The words “any kind or variety” were substituted for the words “any notified kind or variety” by section 12 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"24 Section 17 was substituted by section 13 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"25 The words “for the purposes” were substituted for the words “of the purposes” by section 14 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"26 Section 19 was substituted by section 15 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)",
"27 Sections 19A, 19B and 19C were inserted by section 16 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005)"
],
"name": "The Seeds Ordinance, 1977",
"num_of_sections": 27,
"published_date": "19th July, 1977",
"related_act": [
75,
551
],
"repelled": true,
"sections": [
{
"act_id": 551,
"details": "1. This Ordinance may be called the Seeds Ordinance, 1977.",
"name": "Short title",
"related_acts": "551",
"section_id": 1
},
{
"act_id": 551,
"details": "2. In this Ordinance unless there is anything repugnant in the subject or context,- (a)\t“agriculture” means food and fibre crop production and includes horticulture; (b)\t“Board” means the National Seed Board constituted under sub-section (1) of section 3; (c)\t“Certification Agency” means a Seed Certification Agency established under section 8; (d)\t“container” means a box, bottle, tin, barrel, case, receptacle, sack, bag, wrapper or other thing in which any article or thing is placed or packed; (e)\t“export” means taking out of Bangladesh to a place outside Bangladesh; (f)\t“import” means bringing into Bangladesh from a place outside Bangladesh; (g)\t“kind” means one or more related species or sub-species or crop plants each individually or collectively known by one common name, such as, cabbage, paddy and wheat; (h)\t“notified kind or variety”, in relation to any seed, means any kind or variety thereof notified under section 5; 1(hh) \t“Non-notified kind or Variety” in relation to any Seed means any kind or variety not notified under section 5; (i)\t“prescribed” means prescribed by rules made under this Ordinance; 2(j)\t“Seeds” means, except those used for drugs and narcotics, any of the following classes of seeds used for sowing or planting- (i)\tseeds of food crops including edible oil seeds and seeds of fruits and vegetables; (ii)\tseeds of fibre crops; (iii)\tseeds of flower and ornamental plants; (iv)\tseeds of forage crops; and includes seedlings, and tubers, bulbs, rhizomes, root cuttings, all types of grafts and other vegetatively propagated materials; (k)\t“Seed Analyst” means a Seed Analyst appointed under section 12; 3(kk) \t“Seed Dealer” means a person or a company or an organization involved in production of seeds or carrying on the business of importing, selling, hoarding for sale, bartering or otherwise supplying any seed of any kind or variety for agricultural purpose: Provided that, farmer producing or hoarding seeds partly for his own use and partly for sale in the local hats and bazars by himself or through any other person, in small quantities shall not be treated as Seed Dealer. (l)\t“Seed Inspector” means a Seed Inspector appointed under section 13; (m)\t“Seed Laboratory” means the Government Seed Laboratory established or, as the case may be, declared under section 4; and (n)\t“variety” means a sub-division of a kind identifiable by growth, yields, plant, fruit, seed or other characteristics.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 551,
"details": "3. (1) The Government shall, as soon as may be after the commencement of this Ordinance, constitute a Board to be called the National Seed Board to advise the Government on matters arising out of the administration of this Ordinance and to carry out the other functions assigned to it by or under this Ordinance. 4(2) The Board shall consist of the following members, namely- (a) \tSecretary, Ministry of Agriculture, who shall also be the Chairman of the Board; (b) Vice Chancellor, Bangladesh Agricultural University (BAU), Mymensingh; (c) \tExecutive Chairman, Bangladesh Agricultural Research Council (BARC), Dhaka; (d)\tChairman, Bangladesh Agricultural Development Corporation (BADC), Dhaka; (e) \tDirector General, Department of Agricultural Extension (DAE), Dhaka; (f) \tDirector General, Bangladesh Rice Research Institute (BRRI), Gazipur; (g) Director General, Bangladesh Agricultural Research Institute (BARI), Dhaka; (h) \tDirector General, Bangladesh Jute Research Institute (BJRI), Dhaka; (i) Director General, Bangladesh Institute of Nuclear Agriculture (BINA), Mymensingh; (j) Director General, Bangladesh Sugarcane Research Institute (BSRI), Pabna; (k) \tExecutive Director, Cotton Development Board, Dhaka; (l) Member Director (Seed), Bangladesh Agriculture Development Corporation (BADC), Dhaka; (m) \tDirector, Seed Certification Agency (SCA), Gazipur; (n) \tDirector, Soil Resource Development Institute (SRDI); (o)\tDirector, Plant Protection Wing, Department of Agricultural Extension (DAE); (p) a representative of the Ministry of Finance (Finance Division), not below the rank of Joint Secretary; (q) a representative of the Private Seed Dealers and Merchants Association; (r) \ta representative of the Private Seed Growers; (s) \ta representative from the farmer's community; and (t) \tDirector General (Seed), Ministry of Agriculture, Dhaka-Member Secretary. (3) Omitted by section 3 of the Seeds (Amendment) Act, 2005 (Act No. XXVI of 2005). (4) The Government shall provide the Board with such clerical and other staff as it may consider necessary. (5) The Government shall, by notification in the official Gazette, publish the 5names and designations of all the members of the Board and thereupon the Board shall be deemed to be constituted. (6) Omitted by section 3 of the Seeds (Amendment) Act, 1997 (Act No. XIII of 1997). 6(7) The Government may, at any time, terminate the appointment of a member of the Board without assigning any reason. The tenure of the members of the Board representing Private Seed Dealers and Merchants, Private Seed Growers, and Farmer's Community shall be for a period of three years. (8) When a member of the Board dies, resigns or otherwise ceases to be a member, the vacancy shall be filled by fresh appointment 7* * *. (9) No person shall be, or shall continue to be, a member who- (a)\tis or at any time has been convicted an offence which, in the opinion of the Government, is an offence involving moral turpitude; or (b) is of unsound mind and stands so adjudged by a competent Court; or (c) \tis or has at any time been adjudged insolvent; or (d)\tabsents himself from three consecutive meetings of the Board without leave of absence from the Chairman. (10) The Board may appoint one or more committees consisting wholly of members of the Board or wholly of other persons or partly of members of the Board and partly of other persons, as it thinks fit, for the purpose of discharging such of its functions as may be delegated to such committee or committees by the Board. (11) The Board may, subject to the previous approval of the Government, make by-laws for regulating its own procedure and the procedure of a committee appointed by it under sub-section (10) and the conduct of all business to be transacted by it or a committee. (12) 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.",
"name": "National Seed Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 551,
"details": "4. The Government may 8establish Seed Laboratory to be called the Government Seed Laboratory or declare, by notification in the official Gazette, any Seed Laboratory as the Government Seed Laboratory for the purposes of this Ordinance.",
"name": "Government Seed Laboratory",
"related_acts": "",
"section_id": 4
},
{
"act_id": 551,
"details": "95. (1) The Government shall regulate the quality of seed of any kind or variety to be sold and used for the purposes of agriculture. If the Government after consultation with the Board is of opinion that it is necessary or expedient to regulate sale, distribution, bartering or otherwise supplying, and import of seed of any kind or variety, it may, by notification in the Official Gazette, specify such kind or variety to be a notified kind or variety for the purposes of this Ordinance and different kinds or varieties may be notified for different areas. (2) New varieties of non-notified crops developed by public or private agencies will be subject to approval and certification by the Board before being released. (3) New varieties of notified crops developed by public agencies will be subject to approval by, and be registered with the Board before being released. (4) Varieties of non-notified crops those are imported or locally developed by a private agency shall be registered with the Board giving prescribed cultivar description. (5) In the event of a seed of any kind or variety is found to be harmful or potentially harmful to agriculture in any way, the Board may prohibit the sale, distribution, bartering, or otherwise supplying, import and use of that variety and may take any other action in the interest of agriculture. (6) Any proposal for release of new varieties of notified crops shall be examined by a Technical Committee headed by the Executive Vice-Chairman. Bangladesh Agricultural Research Council (BARC), and consisting of representatives of National Agricultural Research System (NARS). Seed Certification Agency, Department of Agricultural Extension (DAE), Bangladesh Agricultural Development Corporation (BADC), private sector Seed Growers and Farmers Associations and make recommendation to the Board. (7) Proposal for release of new varieties of non-notified crops developed by any public agency shall be subject to examination by the Technical Committee formed under sub-section (6).",
"name": "Power to specify kinds or varieties of seeds",
"related_acts": "",
"section_id": 5
},
{
"act_id": 551,
"details": "106. After consultation with the Board, the Government may, by notification in the official Gazette, specify- (a)\tthe standard regarding the germination percentage, purity percentage, moisture content and such other components of seed quality with respect to any seed of 11any kind or variety; (b)\tthe mark or label to indicate that such seed conforms to the standard specified under clause (a) and the particulars which such mark or label may contain.",
"name": "Power to specify the standards of seed quality",
"related_acts": "",
"section_id": 6
},
{
"act_id": 551,
"details": "127A. Seed packaging in containers shall have a label containing batch identification, net weight or count, minimum germination percentage, physical purity, name and address of the company packaging the seed, and the date of packaging.",
"name": "Labeling of Seeds",
"related_acts": "",
"section_id": 7
},
{
"act_id": 551,
"details": "137. No Seed Dealer shall carry on the business of selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of any notified kind or variety, unless- 14(a)\tsuch kind or variety of seed is registered with the Board; 15(aa) \tfor the purpose of this Ordinance every Seed Dealer shall be registered with the Board; (b)\tsuch seed is identifiable as its kind or variety; (c)\tsuch seed conforms to the standards of seed quality and the container of such seed bears, in the prescribed manner, the mark or label containing the correct particulars thereof specified under clauses (a) and (b) of section 6; (d)\the complies with such other requirements as may be prescribed.",
"name": "Regulation of sale of seeds of notified kinds or varieties",
"related_acts": "",
"section_id": 8
},
{
"act_id": 551,
"details": "168. (1) The Government may, by notification in the Official Gazette, establish a Certification Agency to be called the Seed Certification Agency (SCA) to carry out the functions entrusted to it by or under this Ordinance. (2) The functions of SCA shall among other things include: (a) \tto advise seed producers on production, processing and quality control of seeds; (b) to carry out post market quality control through inspection, testing; (c) to collect data or information on seed production, processing and quality control for use by the Board; (d) \tto certify all Breeder and Foundation seed of controlled crops; (e) to certify seeds for seed enterprises as a service, if resources permit; (f) to co-ordinate the variety evaluation and release mechanism for notified crops; (g) to advise NSB on the de-notification of varieties for reasons of poor performance or disease and pest susceptibility; (h) \tto help DAE in the promotion and use of improved seed of HYV's among farmers; (i) \tto collect samples of truthfully labeled seeds throughout the country and check their declared standards through appropriate tests; and (j) \tto enforce the provisions of the Seed Ordinance, 1977 and take appropriate legal measures against the offenders.",
"name": "Seed Certification Agency",
"related_acts": "",
"section_id": 9
},
{
"act_id": 551,
"details": "9. (1) Any person selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of 17any kind or variety may, if he desires to have such seed certified by the Certification Agency, apply to the Certification Agency for grant of a certificate for the purpose. (2) Every application under sub-section (1) shall be made in such form, shall contain such particulars and shall be accompanied by such fees as may be prescribed. (3) On receipt of any such application for the grant of a certificate, the Certification Agency may, after such enquiry as it thinks fit and after satisfying itself that the seed to which the application relates conforms at least to the minimum limits of germination and purity specified for that seed under clause (a) of section 6, grant a certificate in such form and on such conditions as may be prescribed.",
"name": "Grant of certificate by the Certification Agency",
"related_acts": "",
"section_id": 10
},
{
"act_id": 551,
"details": "10. If the Certification Agency is satisfied, either on a reference made to it in this behalf or otherwise, that- (a)\tthe certificate granted by it under section 9 has been obtained by misrepresentation as to any essential fact, or (b)\tthe holder of the certificate has, without reasonable cause, failed to comply with the conditions subject to which the certificate has been granted or has contravened any of the provisions of this Ordinance or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the certificate may be liable under this Ordinance, the Certification Agency may, after giving the holder of the certificate an opportunity of showing cause, revoke the certificate.",
"name": "Revocation of certificate",
"related_acts": "",
"section_id": 11
},
{
"act_id": 551,
"details": "11. (1) Any person aggrieved by a decision of the Certification Agency under section 9 or section 10 may, within thirty days from the date on which the decision is communicated to him and on payment of such fees as may be prescribed, prefer an appeal to such authority as may be specified by the Government in this behalf: Provided that the appellate authority may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible. (3) Every order of the appellate authority under this section shall be final.",
"name": "Appeal",
"related_acts": "",
"section_id": 12
},
{
"act_id": 551,
"details": "12. The Government may, by notification in the official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Seed Analyst and define the areas within which they shall exercise jurisdiction.",
"name": "Seed Analyst",
"related_acts": "",
"section_id": 13
},
{
"act_id": 551,
"details": "13. (1) The Government may, by notification in the official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Seed Inspectors and define the areas within which they shall exercise jurisdiction. (2) Every Seed Inspector shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (Act XLV of 1860) and shall be officially subordinate to such authority as the Government may specify in this behalf.",
"name": "Seed Inspectors",
"related_acts": "",
"section_id": 14
},
{
"act_id": 551,
"details": "14. (1) The Seed Inspector may- (a)\ttake samples of any seed of 18any kind or variety from- (i)\tany person selling such seed; or (ii)\tany person who is, in the course of conveying, delivering or preparing to deliver such seed to a purchaser or a consignee; or (iii)\ta purchaser or a consignee after delivery of such seed to him; (b)\tsend such sample for analysis to the Seed Analyst for the area within which such sample has been taken; (c)\texercise such other powers as may be necessary for carrying out the purposes of this Ordinance or any rule made thereunder. (2) Where any sample of any seed of 19any kind or variety is taken under clause (a) of sub-section (1), its cost, calculated at the rate at which such seed is usually sold to the public, shall be paid on demand to the person from whom it is taken. (3) The power conferred by this section includes power to break open any container in which any seed of 20any kind or variety may be contained or to break open the door of any premises where any such seed may be kept for sale: Provided that the power to break open the door shall be exercised only after the owner or any other person in occupation of the premises, if he is present therein, refuses to open the door on being called open to do so. (4) Where the Seed Inspector takes any 21action under clause (a) of sub-section (1), he shall, as far as possible, call not less than two persons to be present at the time when such action is taken and take their signatures on a memorandum to be prepared in the prescribed form and manner. (5) The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) shall, so far as may be, apply to any search or seizure made this section as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code.",
"name": "Powers of Seed Inspectors",
"related_acts": "75",
"section_id": 15
},
{
"act_id": 551,
"details": "15. (1) Whenever a Seed Inspector intends to take sample of any seed of 22any kind or variety for analysis, he shall- (a)\tgive notice in writing, then and there, of such intention to the person from whom he intends to take sample; (b)\texcept in special cases provided by rules made under this Ordinance, take three-representative samples in the prescribed manner and mark and seal or fasten up each sample in such manner as its nature permits. (2) When samples of any seed of 23any kind or variety are taken under sub-section (1), the Seed Inspector shall- (a) \tdeliver one sample to the person from whom it has been taken; (b)\tsend in the prescribed manner another sample for analysis to the Seed Analyst for the area within which such sample has been taken; and (c)\tretain the remaining sample in the prescribed manner for production in case any legal proceedings are taken or for analysis by the Seed Laboratory under sub-section (2) of section 16, as the case may be. (3) If the person from whom the samples have been taken refuses to accept one of the samples, the Seed Inspector shall send intimation to the Seed Analyst of such refusal and thereupon the Seed Analyst receiving the sample for analysis shall divide it into two parts and shall seal or fasten up one of those parts and shall cause it, either upon receipt of the sample or when he delivers his report, to be delivered to the Seed Inspector who shall retain it for production in case legal proceedings are taken. (4) Where a Seed Inspector takes any action under clause (c) of sub-section (1) of section 14- (a)\the shall use all despatch in ascertaining whether or not the seed contravenes any of the provisions of section 7 and if it is ascertained that the seed does not so contravene, forthwith revoke the order passed under the said clause or, as the case may be, take such action as may be necessary for the return of the stock of the seed seized; (b)\tif he seized the stock of the seed, he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof; (c)\twithout prejudice to the institution of any prosecution, if the alleged offence is such that the defect may be removed by the possessor of the seed, he shall, on being satisfied that the defect has been so removed, forthwith revoke the order passed, any record, register, document or any other material object under clause (d) of sub-section (1) of section 14, he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof.",
"name": "Procedure to be followed by Seed Inspectors",
"related_acts": "",
"section_id": 16
},
{
"act_id": 551,
"details": "16. (1) The Seed Analyst shall, as soon as may be, after the receipt of the sample under sub-section (2) of section 15, analyse the sample at the Seed Laboratory and deliver, in such form as may be prescribed, one copy of the report of result of the analysis to the Seed Inspector and another copy thereof to the person from whom the sample has been taken. (2) After the institution of a prosecution under this Ordinance, the accused may, on payment of the prescribed fee, make an application to the Court for sending any of the samples mentioned in clause (a) or clause (c) of sub-section (2) of section 15 to the Seed Laboratory for its report and on receipt of the application, the Court shall first ascertain that the mark and the seal or fastening as provided in clause (b) of sub-section (1) of section 15 are intact and may then despatch the sample under its own seal to the Seed Laboratory which shall thereupon send its report to the Court in the prescribed form within one month from the date of receipt of the sample, specifying the result of the analysis. (3) The report sent by the Seed Laboratory under sub-section (2), shall supersede the report given by the Seed Analyst under sub-section (1). (4) Where the report sent by the Seed Laboratory is produced in any proceedings, it shall not be necessary to produce in such proceedings any sample or part thereof taken for analysis.",
"name": "Report of Seed Analyst",
"related_acts": "",
"section_id": 17
},
{
"act_id": 551,
"details": "2417. (1) No person shall export or import or cause to be exported or imported any seed of any kind or variety unless it conforms to the standards of seeds quality, and the container of such seeds bears, in the prescribed manner, the mark or label containing the correct particulars thereof specified for that seed under section 6. (2) Seeds of approved varieties of all notified crops may be imported for commercial sale. Registered seed growers may be permitted to import small quantities of such varieties not approved by NSB for the purpose of research and adaptability testing. (3) There shall be no restriction on import of seeds of non-notified crops, except for ensuring prescribed quality. (4) All imported seeds shall be subject to the provisions of the Destructive Inspects and Pests Act, 1914 (Act No. II of 1914).",
"name": "Import and Export of Seeds",
"related_acts": "",
"section_id": 18
},
{
"act_id": 551,
"details": "18. On the recommendation of the Board, the Government may, by notification in the official Gazette, recognise any seed certification agency established in any foreign country 25for the purposes of this Ordinance.",
"name": "Recognition of seed certification agencies of foreign countries",
"related_acts": "",
"section_id": 19
},
{
"act_id": 551,
"details": "2619. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act No. V of 1898), no court shall take cognizance of any offence punishable under this Ordinance except upon a complaint in writing, made by a Seed Inspector.",
"name": "Cognizance of Offences",
"related_acts": "75",
"section_id": 20
},
{
"act_id": 551,
"details": "2719A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act No. V of 1898) an offence punishable under this Ordinance may be tried at any place within the local jurisdiction of the metropolitan magistrate or of the magistrate of the first class.",
"name": "Place and Procedure of trial",
"related_acts": "75",
"section_id": 21
},
{
"act_id": 551,
"details": "19C. Notwithstanding anything contained in Section 32 of the Code of Criminal Procedure, 1898 (Act No. V of 1898), it shall be lawful for any metropolitan magistrate or magistrate of the first class to pass a sentence of fine under this Ordinance exceeding ten thousand taka.",
"name": "Special Provision regarding fines",
"related_acts": "75",
"section_id": 22
},
{
"act_id": 551,
"details": "19B. If any person contravenes any provision of this Ordinance or any rule made there under, or prevents a Seed Inspector from taking sample under this Ordinance or prevents him from exercising any other power conferred upon him by or under this Ordinance, he shall, on conviction, be punishable- (a) \tfor the first offence, with imprisonment for a term no exceeding thirty days or with fine which may extend to taka five thousand, and (b) \tin the event such person having been previously convicted of any offence under this section, with imprisonment for a term not exceeding ninety days or with fine which may extend to taka twenty thousand.",
"name": "Penalty",
"related_acts": "",
"section_id": 23
},
{
"act_id": 551,
"details": "20. When any person has been convicted under this Ordinance for the contravention of any of the provisions of this Ordinance or the rules made thereunder, the seed in respect of which the contravention has been committed may, if the Court so orders, be forfeited to the Government.",
"name": "Forfeiture of property",
"related_acts": "",
"section_id": 24
},
{
"act_id": 551,
"details": "21. (1) Where an offence under this Ordinance 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 under this Ordinance if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Ordinance 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 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)\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 partner in the firm.",
"name": "Offence by companies",
"related_acts": "",
"section_id": 25
},
{
"act_id": 551,
"details": "22. No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government for anything which is in good faith done or intended to be done under this Ordinance.",
"name": "Protection of action taken in good faith",
"related_acts": "",
"section_id": 26
},
{
"act_id": 551,
"details": "23. (1) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for- (a)\tthe functions of the Board and the travelling and daily allowances payable to members of the Board and of the committee; (b)\tthe functions of the Seed Laboratory; (c)\tthe functions of the Certification Agency; (d)\tthe manner of marking or labelling the container of seed of any notified kind or variety; (e)\tthe requirements which may be complied with by a person carrying on the business referred to in section 7; (f) \tthe form of application for the grant of a certificate under section 9, the particulars it may contain, the fees which shall accompany it, the form of the certificate and the conditions subject to which the certificate may be granted; (g)\tthe form and manner in which and the fee on payment of which an appeal may be preferred under section 11 and the procedure to be followed by the appellate authority in disposing of the appeal; (h)\tthe qualifications and duties of Seed Analysts and Seed Inspectors; (i)\tthe manner in which samples may be taken by the Seed Inspectors, the procedure for sending such samples to the Seed Analysts or the Seed Laboratory and the manner of analysing such samples; (j)\tthe form of report of the result of the analysis, and the fees payable in respect of such report; (k)\tthe records to be maintained by a person carrying on the business referred to in section 7 and the particulars which such records shall contain; and (l)\tany other matter which is to be or may be prescribed.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 27
}
],
"text": "An Ordinance to provide for regulating the quality of certain seeds for sale and for matters connected therewith. WHEREAS it is expedient to provide for regulating the quality of certain seeds for sale for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :-"
} |
{
"id": 552,
"lower_text": [
"1 Sub-section (1) was substituted by section 2 of the Tea (Amendment) Ordinance, 1986 (Ordinance No. XV of 1986)",
"2 The words “a whole-time officer and the chief executive” were substituted for the words “the chief executive” by section 2 of the Tea (Amendment) Ordinance, 1986 (Ordinance No. XV of 1986)",
"3 The words “An appointed member” were substituted for the words “The members of the Board” by section 2 of the Tea (Amendment) Ordinance, 1986 (Ordinance No. XV of 1986)",
"4 The words “An appointed member” were substituted for the words “Any member” by section 2 of the Tea (Amendment) Ordinance, 1986 (Ordinance No. XV of 1986)",
"5 The words “any three other members” were substituted for the words “any other member” by section 3 of the Tea (Amendment) Ordinance, 1986 (Ordinance No. XV of 1986)"
],
"name": "The Tea Ordinance, 1977",
"num_of_sections": 35,
"published_date": "29th July, 1977",
"related_act": [
552,
24,
354,
75
],
"repelled": true,
"sections": [
{
"act_id": 552,
"details": "1. This Ordinance may be called the Tea Ordinance, 1977.",
"name": "Short title",
"related_acts": "552",
"section_id": 1
},
{
"act_id": 552,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Bangladesh Tea Board constituted under section 3; (b)\t“Collector” means- (i)\tin relation to tea exported by sea, land or air, the Collector of Customs appointed under section 3 of the Customs Act, 1969 (IV of 1969), and (ii)\tin all other cases, the officer appointed by the Government to perform the duties of Collector under this Ordinance; (c)\t“Chairman” means the Chairman of the Board; (d)\t“estate” means a tea estate and includes a tea garden or a part of tea estate or garden; (e)\t“export” means to take out of Bangladesh by land, sea or air to any place outside Bangladesh; (f)\t“member” means a member of the Board and includes the Chairman; (g)\t“owner” includes any agent of an owner; (h) \t“prescribed” means prescribed by rules made under this Ordinance; (i)\t“tea” means the commodity known as tea made from the leaves of the plant Camellia Thea or Camellia Sinnensis including adjacent tender stalks or green tea but excluding tea waste; and (j)\t“tea seed” includes seeds, roots, stumps, cuttings, buds and any living portion of the plant Camellia Thea or Camellia Sinnensis which may be used to propagate that plant.",
"name": "Definitions",
"related_acts": "354",
"section_id": 2
},
{
"act_id": 552,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall establish a Board to be called the Bangladesh Tea Board. (2) The Board shall be a body corporate by the name of the Bangladesh Tea Board, 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 Bangladesh Tea Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 552,
"details": "4. 1(1) The Board shall consist of the following members, namely:- (a)\ta Chairman to be appointed by the Government; (b)\ttwo whole time members to be appointed by the Government; (c)\tChairman, Bangladeshiyo Cha Sangsad, ex-officio; (d)\tChairman, Tea Traders Association of Bangladesh, ex-officio; (e)\tJoint Secretary (Export), Ministry of Commerce, ex-officio; (f)\tCommissioner, Chittagong Division, ex-officio; (g)\tChief Conservator of Forests, ex-officio; (h)\tone member to be appointed by the Government from among tea brokers; (i)\ttwo members to be appointed by the Government from among tea planters. (2) The Chairman shall be 2a whole-time officer and the chief executive of the Board and shall be responsible for the efficient management, control and conduct of the affairs of the Board. (3) Omitted by section 2 of the Tea (Amendment) Ordinance, 1986 (Ordinance No. XV of 1986). (4) 3An appointed member shall, subject to the other provisions of this section, hold office for a term of three years, and shall be eligible for re-appointment. (5) 4An appointed member 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. (6) The Government may, at any time, by order in writing, terminate the appointment of any member without assigning any reason. (7) Omitted by section 2 of the Tea (Amendment) Ordinance, 1986 (Ordinance No. XV of 1986). (8) 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.",
"name": "Constitution of the Board, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 552,
"details": "5. (1) The Board shall be subject to the superintendence and control of the Government and, in the discharge of its functions, shall be guided by such general or special instructions as may, from time to time, be given to it by the Government. (2) The Government may cancel, suspend or modify, as it thinks fit, any act of the Board, and the records of the Board shall be open to inspection by any officer authorised by the Government in this behalf.",
"name": "Superintendence and control of the Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 552,
"details": "6. (1) The affairs of the Board shall generally be conducted in accordance with the decision of the majority of its members. (2) The decisions of the Board shall be taken at the meetings of its members; and to constitute a quorum at a meeting, the Chairman and 5any three other members shall be present. (3) At the meetings of the Board, each member shall have one vote and, in the event of equality of votes, the Chairman shall have a second or casting vote. (4) The decisions of the Board shall forthwith be transmitted to the Government.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 552,
"details": "7. The functions of the Board shall be- (a)\tto regulate, control and promote the cultivation and export of tea; (b)\tto regulate and control the sale of tea; (c)\tto fix grading standards of tea and provide for training in tea tasting; (d)\tto take measures to improve the quality of tea; (e)\tto collect statistics from growers, manufacturers or dealers of tea or other persons on any matter relating to tea and tea industry; (f)\tto organise and assist in special research connected with tea cultivation and tea industry; (g)\tto promote co-operative efforts amongst growers; (h)\tto undertake, assist or encourage scientific, technological, and economic research and maintain and assist in the maintenance of demonstration farms and manufacturing stations for promotion of tea and other economic crops; (i) \tto issue registration of estates; and to grant licences to the owners of estates and to the manufacturers, brokers, tea waste dealers, persons dealing in tea as bidder, importer, wholesaler and retailer and persons engaged in the business of blending tea; (j)\tto undertake such business, or to acquire, takeover or manage the business of such concern, as the Government may direct; (k)\tto establish new tea gardens, to acquire and rehabilitate derelict tea gardens in accordance with such schemes as may be approved by the Government, and generally to render assistance to the existing tea gardens and to improve their production; (l)\tto take measures for proper utilisation of the land available in the tea gardens in excess of the area under tea cultivation; (m)\tto undertake welfare measures for tea garden labourers and employees; and (n)\tto take such measures as may appear to it to be advisable in the interest of tea industry of Bangladesh and to perform such other functions as the Government may, from time to time, direct.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 552,
"details": "8. There shall be levied and collected from the owners of estates, for the purposes of this Ordinance, a cess on all tea produced in Bangladesh at such rate not exceeding ten poisha for every Taka realised from the sale of tea as the Government may, by notification in the official Gazette, fix.",
"name": "Imposition of tea cess",
"related_acts": "",
"section_id": 8
},
{
"act_id": 552,
"details": "9. (1) The proceeds of the cess after deducting the cost of collection, if any, shall be paid to the Board and shall be applied by the Board for meeting the expenses of measures taken in the performance of its functions, for payment of contributions to any international organisation connected with tea and for contributing towards a contributory provident fund constituted and maintained in such manner as may be prescribed for the benefit of the employees of the Board. (2) The Board may, subject to any rules made in this behalf, borrow on the security of the cess for any purpose for which it is authorised under sub-section (1).",
"name": "Application of proceeds of cess",
"related_acts": "",
"section_id": 9
},
{
"act_id": 552,
"details": "10. The Government may make grants or give loans from the Consolidated Fund to the Board to carry out its functions and may, subject to such conditions as it may impose, authorise the Board to give loans to any person, firm or company at concessional rates for the improvement and expansion of estates or tea factories and to borrow money from banks on the security of the assets of its gardens.",
"name": "Grant and loans by Government to the Board",
"related_acts": "",
"section_id": 10
},
{
"act_id": 552,
"details": "11. (1) The Board shall publish annual reports and shall keep regular accounts of all moneys received and expended by it. (2) The accounts shall be audited every year by auditors approved in this behalf by the Comptroller and Auditor-General of Bangladesh and such auditors shall have power to disallow any item which has, in their opinion, been expended otherwise than for the purpose of this Ordinance. (3) A statement of the accounts as audited together with a report on its activities shall be furnished by the Board to the Government as soon as possible after the end of each financial year.",
"name": "Keeping of accounts and audit and annual reports",
"related_acts": "",
"section_id": 11
},
{
"act_id": 552,
"details": "12. (1) The Board may set up such number of Committees as may be considered expedient but not exceeding three for carrying out the purposes of this Ordinance. (2) A Committee constituted under sub-section (1) shall function for such period and on such terms and conditions as the Board may decide.",
"name": "Constitution of Committees",
"related_acts": "",
"section_id": 12
},
{
"act_id": 552,
"details": "13. (1) The Government shall, in consultation with the Board, set up an Advisory Council consisting of not more than twenty-five members representing the interests of growers, exporters, blenders, brokers, tea dealers in Bangladesh and representatives of the Ministry of Commerce, Finance, Industries, Agriculture (Agriculture Division), Land Administration, Local Government, Rural Development and Co-operatives (Land Administration and Land Reforms Division), Health, Population Control and Labour (Labour and Social Welfare Division) and such other persons as the Government may think fit to appoint for the purpose of advising the Board in respect of matters of national interest concerning the production, trade and development of tea and such other matters as may be referred to it by the Board or the Government. (2) The members of the Advisory Council shall be appointed for such period and on such terms and conditions as the Government may determine. (3) The Chairman, ex-officio, shall be the Chairman of the Advisory Council. (4) The Advisory Council shall regulate its own procedure and may act not- withstanding the temporary absence of any member or the existence of any vacancy among its members.",
"name": "Advisory Council",
"related_acts": "",
"section_id": 13
},
{
"act_id": 552,
"details": "14. The Board may, with the previous approval of the Government, sell or transfer its tea gardens after they are established or rehabilitated to any Bangladesh national, firm or company.",
"name": "Power to sell or transfer tea gardens",
"related_acts": "",
"section_id": 14
},
{
"act_id": 552,
"details": "15. The Board may appoint, on such terms and conditions as may be prescribed, such officers including a Secretary, advisers and employees for the efficient performance of its functions as may be deemed necessary.",
"name": "Appointment of officials by the Board",
"related_acts": "",
"section_id": 15
},
{
"act_id": 552,
"details": "16. (1) The Board may, by general or special order, direct the owner of an estate to plant or replant tea on such minimum area in that estate every year as may be specified in the order and may, by the said order or by any other order, direct the manner in which tea shall be cultivated or rehabilitated. Explanation.-An order regarding the cultivation or rehabilitation of tea may include directions as to the age up to which the tea bushes shall be allowed to continue, the manner in which tea shall be planted, or the extent to which the vacancies shall be permitted. (2) The Board may also, by general or special order, direct the owner of an estate to plant malakana, layback, rubber, eucalyptus or such other timber of economic value or raise such other crops like black pepper, lemon, citronella, coffee as may be considered expedient in the economic interest of the country in such a minimum area in that estate every year as may be specified in the order. (3) Any owner of an estate or any director or secretary or other officer of a company, who fails to comply with any such direction issued under sub-section (1) or sub-section (2) shall be liable to pay a fine at the rate of Taka one thousand per acre of land every year in respect of which such default is made till such time as the default is made good. (4) The amount of fine shall be computed by the Secretary of the Board and on such computation the Secretary shall issue notice to the defaulter to pay the said fine within thirty days of the said demand. (5) Against the computation of fine an appeal shall lie to the Chairman if presented within thirty days of such demand. (6) Subject to the decision on appeal, the amount computed by the Secretary shall be final and shall be realised as a public demand or as an arrear of land revenue.",
"name": "Power to direct owners of estates to plant tea, etc.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 552,
"details": "17. (1) The Board may, by notification in the official Gazette, fix the export allotment of tea for each tea year, that is to say, a year commencing on the first day of January and ending on the thirty-first day of December. (2) The export allotment fixed under sub-section (1) may be exported from out of tea purchased in tea auctions in such manner as the Board may, from time to time, determine.",
"name": "Export allotment",
"related_acts": "",
"section_id": 17
},
{
"act_id": 552,
"details": "18. The Board may direct that all tea intended for export as well as for internal consumption other than those sold ex-gardens shall be sold in auction to be held for this purpose.",
"name": "Tea auction",
"related_acts": "",
"section_id": 18
},
{
"act_id": 552,
"details": "19. (1) All tea purchased in the auction other than those for internal consumption shall be exported by or on behalf of the purchasers within a period of four months from the date of the purchase and every such purchaser shall have the right to obtain an export licence required under section 20 for the quantity to be exported. (2) The Board may, in special circumstances, permit a purchaser to export in lieu of tea purchased in auctions an equivalent quantity of tea purchased otherwise than in such auctions.",
"name": "Export of tea",
"related_acts": "",
"section_id": 19
},
{
"act_id": 552,
"details": "20. (1) No tea shall be exported except under a licence issued by or on behalf of the Board in such form and in accordance with such conditions as may be prescribed. (2) No tea seed shall be exported except under a permit issued by or on behalf of the Board. (3) The breach of the provisions of this section shall be punishable as if it were an offence under item No. 8 of section 156 of the Customs Act, 1969 (IV of 1969), and the provisions of section 157 and Chapter XVIII of that Act shall apply accordingly.",
"name": "Control of export of tea and tea seeds",
"related_acts": "354",
"section_id": 20
},
{
"act_id": 552,
"details": "21. The Board may, by general or special order, require any contracts or class of contracts for sale of tea for export to be registered with such organisation and in such manner as may be specified in the order.",
"name": "Registration of contracts",
"related_acts": "",
"section_id": 21
},
{
"act_id": 552,
"details": "22. The Board may, by general or special order, direct any person or class of persons not to transport, store, buy, sell or otherwise dispose of any tea or tea of a specified description except in such manner and under such conditions as may be specified.",
"name": "Power to prohibit transport, storage or sale",
"related_acts": "",
"section_id": 22
},
{
"act_id": 552,
"details": "23. Nothing in sections 17 to 22 of this Chapter shall apply to tea,- (a)\tproved to the satisfaction of the Collector to have been imported into Bangladesh from any place outside Bangladesh, (b)\tshipped as stores on board any vessels, in such quantity as the Collector considers reasonable having regard to the number of the crew and passengers, and the length of the voyage on which the vessel is about to depart, or (c)\texported as samples by post or as air freight in packages not exceeding twenty pounds avoirdupois in weight.",
"name": "Limitation of application of certain provisions of this chapter",
"related_acts": "",
"section_id": 23
},
{
"act_id": 552,
"details": "24. No person shall manufacture tea except in a registered tea factory and no person shall possess, store, buy, sell, or agree to buy, or offer for sale, any tea except tea manufactured in such factory.",
"name": "Prohibition to manufacture of tea except in a registered factory",
"related_acts": "",
"section_id": 24
},
{
"act_id": 552,
"details": "25. (1) The Board may, for the purposes of this Ordinance, at any time, by notified order, direct such person or class of persons as may be specified in the order to maintain such accounts and furnish such returns or other information relating to their business of cultivation, production, manufacture, sale or purchase of tea to the Board or to such officer subordinate to the Board within such period, and giving such particulars, as may be specified. (2) Any person authorised in this behalf by the Board or any member authorised by the Chairman in writing or any officer of the Board, may, at all reasonable times, enter any estate or any place or premises where tea or tea waste is manufactured, stored, kept or exposed for sale and may require the production for his inspection of any book, register, record or other paper kept therein and ask for any information relating to the cultivation, production, manufacture, storage or keeping for sale of tea or tea waste. (3) Any person who obstructs or interferes in the due discharge of duties of such person, member or officer or who fails to produce documents or other materials on demand shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.",
"name": "Power to call for information, etc.",
"related_acts": "",
"section_id": 25
},
{
"act_id": 552,
"details": "26. The Government or the Chairman may, by order, exempt any person or class of persons from the operation of all or any of the provisions of this Ordinance to such extent and subject to such conditions as may be specified in the Order.",
"name": "Power to exempt",
"related_acts": "",
"section_id": 26
},
{
"act_id": 552,
"details": "27. (1) Any person who contravenes or fails to comply with any provisions of this Ordinance, except section 16 and section 20, or of any order or direction issued under this Ordinance shall be punished with imprisonment for a term which may extend to three years or with fine or with both. (2) Where any person as aforesaid is a company or a body corporate, every director, manager, secretary, or other officer, and every agent and servant thereof, and in the case of an unlimited company or a company limited by guarantee, also any of its members, shall subject to the provisions of sub-section (3), be punishable as if he had contravened the provisions of this Ordinance. (3) No such director, manager, secretary or other officer and no such agent, servant or member as is referred to in sub-section (2) shall be prosecuted under this Ordinance unless he has been given an opportunity by the Board to show cause, within such time as the Board may specify why he should not be prosecuted, and if it is made to appear to the satisfaction of the Board at any time before the institution of the prosecution that he has used all due diligence to enforce the observance of the provisions of this Ordinance and the orders and directions issued thereunder or that the offence has been committed without his knowledge or against his consent, the Board shall forbear further proceedings against him : Provided that nothing in this sub-section shall prevent the Board from proceeding against him further if on discovery of new facts it sees reason to do so.",
"name": "Penalties",
"related_acts": "",
"section_id": 27
},
{
"act_id": 552,
"details": "28. If any person,- (a) \twhen required by any order made under this Ordinance to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to be false or does not believe to be true, or (b) \tmakes any such statement as aforesaid in any book, account, record, declaration, return or other document which he is required by any such order to maintain or furnish, or (c)\t maintains double sets of books, accounts or any other records, in which the entries are not identical, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.",
"name": "False statement",
"related_acts": "",
"section_id": 28
},
{
"act_id": 552,
"details": "29. No suit, prosecution or legal proceedings shall lie against the Board or any member thereof or any person acting on its behalf in respect of anything done in good faith under this Ordinance or any rules made thereunder.",
"name": "Protection of action taken in good faith",
"related_acts": "",
"section_id": 29
},
{
"act_id": 552,
"details": "30. No Court shall take cognizance of any offence punishable under this Ordinance except on a report in writing of the facts constituting such offence made by the Board or a person authorised by the Board.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 30
},
{
"act_id": 552,
"details": "31. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (Act V of 1898), it shall be lawful for any Magistrate of the first class specially empowered by the Government in this behalf to pass a sentence of fine exceeding one thousand Taka on any person convicted under this Ordinance.",
"name": "Special provision regarding fines",
"related_acts": "75",
"section_id": 31
},
{
"act_id": 552,
"details": "32. Where an order purports to have been made and signed by an authority in exercise of any power conferred by or under this Ordinance, a court shall, within the meaning of the Evidence Act, 1872 (I of 1872), presume that such order was so made by that authority.",
"name": "Presumption as to orders",
"related_acts": "24",
"section_id": 32
},
{
"act_id": 552,
"details": "33. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 33
},
{
"act_id": 552,
"details": "34. The Board may, with the previous approval of the Government, make bye-laws not inconsistent with this Ordinance and the rules made thereunder.",
"name": "Power to make bye-laws",
"related_acts": "",
"section_id": 34
},
{
"act_id": 552,
"details": "35. (1) Upon the establishment of the Bangladesh Tea Board under section 3, the Tea Ordinance, 1959 (Ord. XLVI of 1959), hereinafter referred to as the said Ordinance, shall stand repealed. (2) Upon the repeal under sub-section (1),- (a)\tthe Bangladesh Tea Board constituted under the said Ordinance, hereinafter referred to as the dissolved Board, shall stand dissolved; (b)\tall assets, rights, powers, authorities and privileges, and all properties, movable and immovable, cash and bank balances, funds of the dissolved Board and all other interests and rights in, or arising out of, such property, shall stand transferred to, and vested in, the Board; (c)\tall debts, liabilities and obligations of whatever kind of the dissolved Board subsisting immediately before its dissolution shall, unless the Government otherwise directs, be the debts, liabilities and obligations of the Board; (d)\tall suits and other legal proceedings instituted by or against the dissolved Board before its dissolution shall be deemed to have been instituted by or against the Board; (e)\tservices of all officers, advisers and employees of the dissolved Board shall, notwithstanding anything contained in any contract or agreement or in the terms and conditions of service, stand transferred to the Board and they shall be deemed to be officers, advisers and employees of the Board appointed by it on the same terms and conditions of service as were applicable to them in the dissolved Board unless such terms and conditions are altered, not being to their disadvantage, by the Board.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 35
}
],
"text": "An Ordinance to provide measures for the expansion of export of tea, to establish new tea gardens and rehabilitate derelict tea gardens and generally for the promotion of the tea industry, and for levying a cess on tea produced in Bangladesh and to provide certain other matters ancillary thereto. WHEREAS it is expedient to provide measures for the expansion of export of tea, to establish new tea gardens and rehabilitate derelict tea gardens, and generally for the promotion of the tea industry, and for levying a cess on tea produced in Bangladesh and to provide certain other matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the Vice-President, acting as President under Article 55 of the Constitution, is pleased to make and promulgate the following Ordinance :-"
} |
{
"id": 553,
"lower_text": [],
"name": "The Regulation of Salary of Employees Laws Repeal Ordinance, 1977",
"num_of_sections": 2,
"published_date": "31st August, 1977",
"related_act": [
553
],
"repelled": false,
"sections": [
{
"act_id": 553,
"details": "1. This Ordinance may be called the Regulation of Salary of Employees Laws Repeal Ordinance, 1977.",
"name": "Short title",
"related_acts": "553",
"section_id": 1
},
{
"act_id": 553,
"details": "2. (1) The Bangladesh Nationalised Organisations (Regulation of Salary of Employees) Order, 1972 (P.O. No. 54 of 1972), and the Bangladesh Government and Semi-Autonomous Organisations (Regulation of Salary of Employees) Order, 1972 (P.O. No. 79 of 1972), hereinafter referred to as the said Orders, shall stand repealed on such date, and to such extent or in relation to such matters, services or posts, as the Government may, by notification in the official Gazette, direct; and such direction may be so given as to have retrospective effect from a date not earlier than the first day of July, 1977. (2) The repeal of the said Orders under sub-section (1) shall not have the effect of giving or restoring any right to any salary or other emoluments or any arrears thereof which any employee would have been entitled to receive had not the said Orders been in force.",
"name": "Repeal",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to repeal certain laws relating to regulation of salary of Government and certain other employees. WHEREAS it is expedient to repeal certain laws relating to regulation of salary of Government and certain other employees; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 554,
"lower_text": [
"1 Section 5 was substituted by section 2 of the Export Promotion Bureau (Amendment) Ordinance, 1984 (Ordinance No. XXXV of 1984)",
"2 The word “Director-General” was substituted for the word “Directors-General” by section 3 of the Export Promotion Bureau (Amendment) Ordinance, 1984 (Ordinance No. XXXV of 1984)",
"3 The word “Director-General” was substituted for the word “Directors-General” by section 4 of the Export Promotion Bureau (Amendment) Ordinance, 1984 (Ordinance No. XXXV of 1984)",
"4 The word “Director-General” was substituted for the word “Directors-General” by section 5 of the Export Promotion Bureau (Amendment) Ordinance, 1984 (Ordinance No. XXXV of 1984)",
"5 The word “Director-General” was substituted for the word “Directors-General” by section 5 of the Export Promotion Bureau (Amendment) Ordinance, 1984 (Ordinance No. XXXV of 1984)"
],
"name": "The Export Promotion Bureau Ordinance, 1977",
"num_of_sections": 21,
"published_date": "10th October, 1977",
"related_act": [
442,
554,
47
],
"repelled": true,
"sections": [
{
"act_id": 554,
"details": "1. This Ordinance may be called the Export Promotion Bureau Ordinance, 1977.",
"name": "Short title",
"related_acts": "554",
"section_id": 1
},
{
"act_id": 554,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Bureau” means the Bangladesh Export Promotion Bureau established under section 3 of this Ordinance; (b)\t“Board” means the Board of Management of the Bureau; (c)\t“Chairman” means the Chairman of the Board; (d)\t“member” means the member of the Board; (e)\t“prescribed” means prescribed by rules or regulations made under this Ordinance; and (f)\t“Vice-Chairman” means the Vice-Chairman of the Board.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 554,
"details": "3. (1) Upon the commencement of this Ordinance, there shall be established a Bureau to be called the Export Promotion Bureau for carrying out the purposes of this Ordinance. (2) The Bureau shall be a body corporate having perpetual succession and a common seal with power to enquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued. (3) The Head Office of the Bureau shall be at Dacca.",
"name": "Establishment and incorporation of the Bureau",
"related_acts": "",
"section_id": 3
},
{
"act_id": 554,
"details": "4. (1) The general direction and administration of the affairs of the Bureau shall vest in a Board of Management of the Bureau which may exercise all powers and do all acts and things which may be exercised and done by the Bureau. (2) Without prejudice to the generality of the foregoing provisions, the Board may, for the performance of its functions- (a) \tundertake any work, incur any expenditure within the budget or any special allocation of funds, procure machinery and materials required for its use and enter into and perform all such contracts as it may consider necessary or expedient; (b)\tseek or obtain advice and assistance in the preparation or execution of a scheme, from any Local Authority or agency of the Government or any other agency, national or international. (3) The Board shall in discharging its functions, be guided by such directions as the Government may give from time to time.",
"name": "Management of the affairs of the Bureau",
"related_acts": "",
"section_id": 4
},
{
"act_id": 554,
"details": "15. (1) The Board shall consist of the following members, namely:- (a)\tthe Minister-in-charge of the Commerce Division, ex-officio, who shall also be the Chairman of the Board; (b)\tthe Vice-Chairman of the Board to be appointed by the Government; (c)\tthe Director-General of the Bureau to be appointed by the Government, ex-officio; (d)\tfour members to be appointed by the Government for a term of three years to represent trade and industry in the private sector; (e)\tone senior officer of the Bangladesh Bank to be nominated by that Bank; and (f)\tsix members, being persons in the service of the Republic not below the rank of Joint Secretary to the Government, one each to represent the Ministry of Commerce, the Ministry of Industries, the Ministry of Foreign Affairs, the Ministry of Jute and Textiles, the Fisheries and Livestock Division and the Agriculture and Forest Division, to be nominated by the respective Ministry or Division.",
"name": "Composition of the Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 554,
"details": "6. (1) The Vice-Chairman shall be the Chief Executive of the Bureau and in whom shall vest, subject to the directions of the Board, all the executive functions of the Bureau. (2) The Vice-Chairman shall hold office for such duration and on such terms and conditions as the Government may determine. (3) Without prejudice to the provisions of sub-section (1), the Vice-Chairman shall exercise such powers, perform such functions and discharge such duties as may from time to time, be assigned to him by the Government or the Board or as may be prescribed. (4) If the Vice-Chairman is for illness, or for any other reason incapable of performing his duties under this Ordinance, the Government may authorise any other member to perform the duties of the Vice-Chairman during the period for which he is so incapable.",
"name": "Chief Executive of the Bureau",
"related_acts": "",
"section_id": 6
},
{
"act_id": 554,
"details": "7. (1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed: Provided that the Board shall meet at least once in a month. (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": "Meetings of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 554,
"details": "8. It shall be the functions of the Bureau- (a)\tto suggest to the Government measures designed to provide efficient, adequate, economic and co-ordinated plans and policies for promotion of exports from the country by both private and public sectors; (b)\tto explore and examine the potentials of export-oriented products within the country and help ensure quality control of all exporters; and (c)\tto co-ordinate the export efforts of various private and public sector organisations within the country and provide necessary advice, information and assistance to such organisations so as to enable them to participate in, or increase their exports to, other countries. (2) Without prejudice to the generality of the provisions of sub-section (1), the Board may- (a)\texplore and examine markets of other countries with a view to promoting export of raw, semi-finished and finished products from Bangladesh to such countries; (b)\testablish such regional or other offices, branches, agencies, display and or sale centres within Bangladesh and, with prior approval of Government, abroad; (c)\testablish with the approval of the Government, subsidiary organisations in Bangladesh or abroad for promotion of export of Bangladesh products; (d)\torganise and arrange participation in industrial, trade and export fairs and exhibitions abroad; (e)\torganise trade and export fairs within the country; (f)\tundertake and organise publicity of Bangladesh export products abroad; (g)\tperform such functions as may be assigned to it by the Government; (h)\tappoint such committee or committees as it think fit to assist it in the formulation of policies and programmes and for efficient and expeditious execution of those policies and programmes; (i)\tprovide for training, studies, surveys, experiments or technical research; or contribute towards the costs of any such studies, surveys, experiments or technical research made by any other agency; (j)\timpose any fee or other charges for services rendered by it; (k)\tdo all other things connected with or ancillary to the attainment of the objectives aforesaid.",
"name": "Functions of the Bureau",
"related_acts": "",
"section_id": 8
},
{
"act_id": 554,
"details": "9. (1) There shall be a fund of the Bureau to which shall be credited- (a)\tgrants from the Government; (b)\tgrants from Local Authorities and other corporate bodies; (c)\tloans raised in Bangladesh with the prior approval of the Government; (d)\taids and grants, if any, received from foreign countries with the prior approval of the Government; (e)\tcontributions from the chambers of commerce, trade organisations and associations; (f)\tall other receipts of the Bureau. (2) The funds of the Bureau shall be utilised to meet charges in connection with its functions under this Ordinance and all payments of the Bureau shall be made out of that fund. (3) All monies of the Bureau shall be kept with such bank as may be approved by the Board.",
"name": "Fund",
"related_acts": "",
"section_id": 9
},
{
"act_id": 554,
"details": "10. (1) For carrying out its business and functions, the Bureau may, with the approval of, and as such conditions, if any, as may be laid down by the Government, raise funds by loan or otherwise from such local and foreign sources, including banks, as may be approved by the Government. (2) The Bureau may invest such monies as are not required for immediate expenditure in any of the securities described in section 20 of the Trusts Act, 1882 (II of 1882), or place them in fixed deposit with any bank approved under sub-section (3) of section 9.",
"name": "Borrowing and investment",
"related_acts": "47",
"section_id": 10
},
{
"act_id": 554,
"details": "11. The Bureau shall submit, by such date before commencement of every year and in such manner and form as the Government may direct, for approval of the Government, two statements to be called the Annual Administrative Budget statement and the Annual Export Market Development Budget statement showing therein the estimated receipts and expenditure of the Bureau in respect of that year.",
"name": "Budget",
"related_acts": "",
"section_id": 11
},
{
"act_id": 554,
"details": "12. (1) The Bureau shall maintain proper accounts and other relevant records, and prepare annual statements of accounts, in such manner and form as the Government may direct, and such direction may require maintenance of separate accounts, one for administrative and maintenance expenses to be financed out of the administrative Budget, and the other for export market development expenses to be financed out of the Export Market Development Budget. (2) The accounts of the Bureau shall be audited by a firm of chartered accountants within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973), who shall be appointed, with the approval of the Government, by the Board on such remuneration as it may think fit, and such remuneration shall be paid by the Bureau. (3) The firm of chartered accountants appointed under sub-section (2) shall be given the accounts and other relevant records of the Bureau and shall examine them together with the account books and vouchers relating thereto; and shall have a list delivered to it of all books kept by the Bureau, and shall at all reasonable times have access to the books, accounts and other documents of the Bureau, and may in relation to such accounts examine the Vice-Chairman, Directors-General, or any member, officer or other employee of the Bureau. (4) The aforesaid firm of chartered accountants shall report to the Government upon the annual accounts, and in the report it shall state whether, in its opinion, the accounts contain all necessary particulars and is properly maintained so as to exhibit a true and correct view of the state of the affairs of the Bureau, and if it has called for any explanation or information from the Board, whether it has been given and whether it is satisfactory. (5) Without prejudice to the aforesaid provisions, the Government may also cause the accounts of the Bureau to be audited by such officer or agency as it may deem fit.",
"name": "Accounts and Audit",
"related_acts": "442",
"section_id": 12
},
{
"act_id": 554,
"details": "13. (1) The Bureau shall furnish to the Government such reports and statements as the Government may from time to time require. (2) The Bureau shall, as soon as possible after the end of every financial year, furnish to the Government statement of audited accounts together with annual report on the conduct of its affairs during that year.",
"name": "Reports, etc.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 554,
"details": "14. The Bureau may appoint such advisors, consultants, officers and other employees as it considers necessary for the efficient performance of its functions on such terms and conditions as may be prescribed and, until they are so prescribed, on such terms and conditions as it may determine.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 554,
"details": "15. The Chairman, Vice-Chairman, 2Director-General, members, advisors, consultants or officers and other employees of the Bureau shall, while acting or purporting to act in pursuance of the provisions of this Ordinance or the rules or regulations made thereunder, be deemed to be public servants within the meaning of section 21 of the Penal Code (Act XLV of 1860).",
"name": "Public servants",
"related_acts": "",
"section_id": 15
},
{
"act_id": 554,
"details": "16. (1) The Board may, by general or special order, delegate to the Vice-Chairman, any member or officer of the Bureau any of its powers under this Ordinance or regulations made thereunder. (2) The Vice-Chairman may likewise delegate to any member or officer of the Bureau any of his powers under this Ordinance or the rules 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": 554,
"details": "17. No suit, prosecution or other legal proceedings shall lie against the Chairman, Vice-Chairman, 3Director-General, members or any advisor, consultant or officer, or other employees of the Bureau for anything which is in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 17
},
{
"act_id": 554,
"details": "18. No provision of law relating to the winding up of companies shall apply to the Bureau and it shall not be wound up save by order of the Government and in such manner as it may direct.",
"name": "Winding up",
"related_acts": "",
"section_id": 18
},
{
"act_id": 554,
"details": "19. (1) The Government may, by notification in the official Gazette, make rule for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for- (a)\tmeeting of the Board; (b)\tdeterminations of the terms and conditions of service of the Vice-Chairman, the 4Director-Generaland the members; (c)\tpowers, functions and duties of the Chairman, Vice-Chairman, the 5Director-General and the members; (d)\tany other matters required by the provisions of this Ordinance to be prescribed.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 19
},
{
"act_id": 554,
"details": "20. (1) Subject to the provisions of this Ordinance and the rules, the Board may, by notification in the official Gazette, and with previous approval of the Government, make regulations for the purpose of giving effect to this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for- (a)\tformulation of training schemes; (b)\tterms and conditions of service and duties and conduct of the officers and other employees of the Bureau; (c)\tconstitution and management of provident funds, benevolent and welfare funds for the officers and other employees of the Bureau and all matters connected with such funds; (d)\tappointment of advisory committee for the purpose of this Ordinance.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 20
},
{
"act_id": 554,
"details": "21. (1) Notwithstanding anything contained in any law, agreement or contract, upon the establishment of the Bureau- (a)\tthe Export Promotion Bureau functioning immediately before the commencement of this Ordinance (hereinafter referred to as the superseded Bureau) shall stand superseded (b)\tall such properties, movable and immovable, and all rights, liabilities and obligations of the Government relating to the superseded Bureau shall stand transferred to, and vest in, the Bureau; and (c)\tevery person in the service of the Republic serving in, or in connection with the affairs of the superseded Bureau shall, if so required by the Government, serve under the Bureau established by this Ordinance, on such terms and conditions, not being to his disadvantage as the Government may, in consultation with the Bureau, determine; and the person so serving under the Bureau shall, except in the matter of dismissal, removal or reduction in rank, be subject to the power and control of the Bureau in the same manner and to the same extent as any officer or employee appointed by the Bureau.",
"name": "Transfer of properties, liabilities, etc., of the existing Bureau",
"related_acts": "",
"section_id": 21
}
],
"text": "An Ordinance to provide for the establishment of a Bureau for promotion of export. WHEREAS it is expedient to provide for the establishment of a Bureau for promotion of export from Bangladesh and for development of plans and policies in support of promotion of export from both private and public sectors of the country, and for matters connected therewith and incidental thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :-"
} |
{
"id": 555,
"lower_text": [],
"name": "The Bangladesh Travel Agencies (Registration and Control) Ordinance, 1977",
"num_of_sections": 11,
"published_date": "12th October, 1977",
"related_act": [
555
],
"repelled": true,
"sections": [
{
"act_id": 555,
"details": "1. (1) This Ordinance may be called the Bangladesh Travel Agencies (Registration and Control) Ordinance, 1977. (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": "555",
"section_id": 1
},
{
"act_id": 555,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“prescribed” means prescribed by rules made under this Ordinance; (b)\t“Registration Authority” means an officer authorised by Government by notification in the official Gazette to exercise all or any of the powers of the Registration Authority under this Ordinance; (c)\t“Registration Certificate” means a certificate issued by the Registration Authority to carry on the business of travel agency; (d)\t“travel agency” means the business of making travel arrangements that is, the work of providing transportation, residence and such other facilities as are connected with the travel on the basis of commission charges.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 555,
"details": "3. No travel agency shall be established or continued except in accordance with the provisions of this Ordinance.",
"name": "Prohibition against establishing or continuing a travel agency without registration",
"related_acts": "",
"section_id": 3
},
{
"act_id": 555,
"details": "4. (1) Any person intending to establish a travel agency and any person intending that a travel agency already in existence should be continued as such, shall, in the prescribed form and on payment of the prescribed fee, make an application to the Registration Authority. (2) The Registration Authority may, on receipt of the application make such enquiries as it considers necessary, and either grant the application, or, for reasons to be recorded in writing, reject it. (3) If the Registration Authority grants the application, it shall issue, in the prescribed form, a Registration Certificate to the applicant.",
"name": "Application for registration, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 555,
"details": "5. (1) A travel agency not in existence on the coming into force of this Ordinance shall not be established except after a Registration Certificate has been issued under sub-section (3) of section 4 to the travel agency. (2) A travel agency already in existence shall not be continued for more than six months from the date on which this Ordinance comes into force, unless an application for its registration has, within thirty days of such date, been made under sub-section (1) of section 4. (3) A travel agency already in existence, in respect of which an application under sub-section (1) of section 4 has been made within thirty days of the coming into force of this Ordinance, may, notwithstanding anything contained in sub-section (2), continue pending the disposal of the application, but shall close down immediately if the Registration Certificate under sub-section (3) of section 4 is refused.",
"name": "Establishment and continuance of travel agency",
"related_acts": "",
"section_id": 5
},
{
"act_id": 555,
"details": "6. If, after making such enquiries as it may think fit, the Registration Authority is satisfied that a registered travel agency has been responsible for any irregularity in business dealings or for any maladministration in the conduct of its affairs or has failed to comply with the provisions of this Ordinance or the rules made thereunder, it may, by order in writing, cancel the Registration Certificate of the travel agency.",
"name": "Cancellation of the Registration Certificate of a travel agency",
"related_acts": "",
"section_id": 6
},
{
"act_id": 555,
"details": "7. If the Registration Authority rejects an application for registration under section 4, or cancels the Registration Certificate under section 6, the applicant may, within thirty days from the date of the order of the Registration Authority, prefer an appeal to the Government and the order made by the Government shall be final and given effect to by the Registration Authority.",
"name": "Appeal",
"related_acts": "",
"section_id": 7
},
{
"act_id": 555,
"details": "8. Any person who contravenes any of the provisions of this Ordinance, or any rule or order made thereunder 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.",
"name": "Penalty",
"related_acts": "",
"section_id": 8
},
{
"act_id": 555,
"details": "9. No Court shall take cognizance of an offence under this Ordinance except upon a complaint in writing made by the Registration Authority, or by an officer authorised by it in this behalf.",
"name": "Cognizance of offence",
"related_acts": "",
"section_id": 9
},
{
"act_id": 555,
"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 Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 10
},
{
"act_id": 555,
"details": "11. (1) The Government may, by notification in the official Gazette, make rules for carrying into effect the provisions of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a)\tprescribing the information and documents to be furnished by an applicant for obtaining Registration Certificate; (b)\tprescribing the forms to be used under this Ordinance; (c)\tprescribing the procedure to be followed on applications and other proceedings under this Ordinance; (d)\tprescribing the fees payable in respect of Registration Certificate issued under this Ordinance; (e)\tprescribing the conditions of Registration Certificate issued under this Ordinance; and (f)\tregulating the conduct of travel agency in their business and prescribing a code of conduct for travel agents.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 11
}
],
"text": "An Ordinance to provide for the registration and control of travel agencies in Bangladesh. WHEREAS it is expedient to provide for the registration and control of travel agencies in Bangladesh and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :-"
} |
{
"id": 556,
"lower_text": [],
"name": "The Housing and Building Research Institute Ordinance, 1977",
"num_of_sections": 22,
"published_date": "19th October, 1977",
"related_act": [
556
],
"repelled": false,
"sections": [
{
"act_id": 556,
"details": "1. This Ordinance may be called the Housing and Building Research Institute Ordinance, 1977.",
"name": "Short title",
"related_acts": "556",
"section_id": 1
},
{
"act_id": 556,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Chairman” means the Chairman of the Council; (b)\t“Committee” means the Executive Committee of the Council; (c)\t“Council” means the Governing Council of the Institute; (d)\t“Director” means the Director of the Institute; (e)\t“Institute” means the Housing and Building Research Institute established by this Ordinance; (f)\t“Prescribed” means prescribed by rules or regulations made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 556,
"details": "3. (1) On the commencement of this Ordinance, there shall be established an Institute to be called the Housing and Building Research Institute for carrying out the purposes of this Ordinance. (2) The Institute shall be a body corporate having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of the Institute",
"related_acts": "",
"section_id": 3
},
{
"act_id": 556,
"details": "4. (1) The head office of the Institute shall be located at Dacca. (2) The Institute may establish branches at such places as the Council may decide.",
"name": "Head office, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 556,
"details": "5. The general direction and superintendence of the affairs and business of the Institute shall vest in a Governing Council which may exercise all powers and do all acts and things which may be exercised or done by the Institute.",
"name": "Management",
"related_acts": "",
"section_id": 5
},
{
"act_id": 556,
"details": "6. (1) The Council shall consist of the following members, namely:- (a)\tthe Minister in charge of the Ministry of Public Works and Urban Development, ex-officio, who shall also be its Chairman; (b)\tthe Secretary, Ministry of Public Works and Urban Development, ex-officio, who shall also be its Vice-Chairman; (c)\tone person to represent the Planning Commission to be nominated by that Commission; (d)\tone person to represent the Ministry of Finance to be nominated by that Ministry; (e)\tthe Chief Engineer, Public Works Department, ex-officio; (f)\tthe Chief Engineer, Housing and Settlement Directorate, ex-officio; (g)\tthe Chief Architect, Directorate of Architecture, ex-officio; (h)\tthe Director, Urban Development Directorate, ex-officio; (i)\ttwo persons to represent the Bangladesh University of Engineering and Technology to be nominated by that University, of whom one shall be from the Civil Engineering Department and the other from the Architecture and Physical Planning Department; (j)\tone person to represent the University of Dhaka to be nominated by that University; (k)\tone person to represent the Institution of Engineers, Bangladesh (not below the rank of Fellow) to be nominated by that Institution; (l)\tone person to represent the manufacturers of building materials to be nominated by the Chamber of Commerce and Industries, Dacca; (m)\ttwo persons to be nominated by the Government from among officers of the Institute; (n)\tone person to represent the practising consulting engineers in building design to be nominated by the Government; (o)\tone person to represent the building construction firms to be nominated by the Government; and (p)\tthe Director of the Institute, ex-officio, who shall also be its Secretary. (2) The nominated members shall hold office for a term of two years. (3) If any casual vacancy occurs in the office of a nominated member, a new member shall be nominated by the authority concerned to fill such vacancy.",
"name": "Constitution of the Council",
"related_acts": "",
"section_id": 6
},
{
"act_id": 556,
"details": "7. The functions of the Institute shall be- (a)\tto promote technical and scientific studies and research on various problems of building construction and building materials industries and of human settlement as a whole; (b)\tto study the availability, development and utilisation of indigenous building materials; (c)\tto promote new and better uses of commonly used building materials; (d)\tto encourage adoption of quality control measures in building construction; (e)\tto initiate actions for the improvement of the technology, method of planning and designing of building construction and maintenance works in the housing sector; (f)\tto develop inexpensive and new materials and technology for building construction through pilot projects; (g)\tto initiate research programme and case-studies in the field of housing and building research in co-operation with the National Council for Science and Technology and other research institutes and universities; (h)\tto evaluate its research activities and to initiate actions for adoption of research results; (i)\tto institute fellowships and scholarships for the purpose of encouraging research and technical and scientific studies in the field of housing and building construction; (j)\tto train research personnel and technicians for the purpose of carrying out its research activities; (k)\tto provide for consultation and advisory services in the field of housing and building research; (l)\tto disseminate latest knowledge on the problems of housing and building construction; (m)\tto publish regularly research reports, research bulletins, technical reports and other reports on the work done by it; and (n)\tto do such other acts and things as may be necessary or convenient to be done in connection with, or incidental or conductive to, the performance of the aforesaid functions.",
"name": "Functions of the Institute",
"related_acts": "",
"section_id": 7
},
{
"act_id": 556,
"details": "8. (1) Meetings of the Council shall be convened by the Secretary of the Council, in consultation with the Chairman, at least twice in a year. (2) At least ten days' notice shall be given for convening a meeting of the Council and such notice shall specify the agenda of the meeting and the date on which, and the time and place at which, the meeting shall be held. (3) Emergency meetings of the Council may be convened on twenty-four hours' notice. (4) Six members shall constitute a quorum at a meeting of the Council. (5) The Chairman and, in his absence, the Vice-Chairman shall preside over the meetings of the Council. (6) All matters at a meeting of the Council shall be decided by the votes of the majority of the members present and voting. (7) At a meeting of the Council each member shall have one vote and in the event of equality of votes the person presiding shall have a second or casting vote. (8) No act or proceeding of the Council shall be invalid merely on the ground of existence of any vacancy in, or any defect in the constitution of, the Council.",
"name": "Meetings of the Council",
"related_acts": "",
"section_id": 8
},
{
"act_id": 556,
"details": "9. (1) There shall be an Executive Committee consisting of the following members, namely:- (a)\tthe Director, ex-officio; (b)\tfour members to be nominated by the Chairman from among officers of the Institute who are doing research work or are qualified to do such work. (2) A nominated member of the Committee shall hold office for a period of three years. (3) The meetings of the Committee shall be convened by the Director at such time and place as he may specify and shall be presided over by him. (4) The Committee shall- (a)\tinitiate proposals and prepare programmes relating to the functions of the Institute for consideration and approval of the Council; (b)\tbe responsible for the implementation of all proposals and programmes approved by the Council; (c)\tdeal with such other matters relating to research and technical and scientific studies in the field of housing and building construction as may be referred to it by the Council; (d)\tassist the Council in the discharge of its functions; and (e)\texercise such other powers and perform such other functions as may be prescribed or as may be assigned to it by the Council from time to time.",
"name": "Executive Committee",
"related_acts": "",
"section_id": 9
},
{
"act_id": 556,
"details": "10. (1) There shall be a Director of the Institute who shall be appointed by the Government for a period of five years on such terms and conditions as the Government may determine. (2) When any temporary vacancy in the office of the Director occurs by reason of leave, illness or other cause, the Council shall make such arrangement for carrying out the functions of his office as it may deem fit. (3) The Director shall be the whole-time chief executive officer of the Institute. (4) The Director shall be responsible to ensure that the provisions of this Ordinance and the rules and regulations made thereunder are observed. (5) In an emergency arising out of the business of the Institute and requiring, in the opinion of the Director, immediate action, the Director may take such action as he may deem necessary and shall report to the Council for approval of the action so taken as early as possible. (6) The Director may, subject to such conditions as may be prescribed, delegate any of his powers to any officer or employee of the Institute. (7) The Director shall exercise such other powers as may be prescribed or as may be assigned to him, from time to time, by the Council.",
"name": "Director of the Institute",
"related_acts": "",
"section_id": 10
},
{
"act_id": 556,
"details": "11. The Institute may appoint such officers and other employees as it considers necessary for the efficient performance of its functions in such manner and on such terms and conditions as may be prescribed.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 556,
"details": "12. The Council may, from time to time, appoint such committees as may be necessary to discharge such functions as may be assigned to them by the Council or to assist the Director in the performance of his functions.",
"name": "Committees",
"related_acts": "",
"section_id": 12
},
{
"act_id": 556,
"details": "13. (1) The Institute shall have its own fund which shall be utilised by it to meet charges in connection with its functions under this Ordinance. (2) The fund of the Institute shall consist of- (a)\tgrants made by the Government; (b)\tgrants made by the local authorities; (c)\tgrants and aids received from aid-giving agencies; (d)\tdonations and endowments; (e)\tfees received by the Institute; and (f)\tall other sums received by the Institute. (3) All money in the fund of the Institute shall be deposited with any bank approved by the Council.",
"name": "Fund of the Institute",
"related_acts": "",
"section_id": 13
},
{
"act_id": 556,
"details": "14. The Council shall, by such date before the commencement of every financial year as the Government may direct, 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 and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 14
},
{
"act_id": 556,
"details": "15. The Institute shall maintain its accounts in such manner and form as the Government may direct.",
"name": "Accounts",
"related_acts": "",
"section_id": 15
},
{
"act_id": 556,
"details": "16. (1) The accounts of the Institute shall be audited by the Comptroller and Auditor-General of Bangladesh (hereinafter referred to as the Auditor-General) in such manner as he deems fit. (2) For the purpose of audit under sub-section (1) the Auditor-General or any person authorised by him in this behalf shall have access to all books, accounts, securities, stores and other properties of the Institute and may examine the members of the Council or any officer or employee of the Institute. (3) The Auditor-General shall submit his audit report to the Government and shall forward a copy thereof to the Institute.",
"name": "Audit",
"related_acts": "",
"section_id": 16
},
{
"act_id": 556,
"details": "17. (1) The Institute shall furnish to the Government such reports and statements on expenditure and on the progress of approved research programmes as the Government may, from time to time, require. (2) As soon as may be after the end of every financial year the Institute shall submit to the Government an annual report on the conduct of its affairs for that year.",
"name": "Reports, etc.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 556,
"details": "18. The members of the Council and the officers and employees of the Institute shall, while acting or purporting to act in pursuance of the provisions of this Ordinance or any rule or regulation made thereunder, 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": 18
},
{
"act_id": 556,
"details": "19. No suit, prosecution or other legal proceeding shall lie against any member of the Council or any officer or employee of the Institute for anything which is in good faith done or intended to be done under this Ordinance or any rule or regulation made thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 19
},
{
"act_id": 556,
"details": "20. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 20
},
{
"act_id": 556,
"details": "21. (1) The Council may, with the prior approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance. (2) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.",
"name": "Powers to make regulations",
"related_acts": "",
"section_id": 21
},
{
"act_id": 556,
"details": "22. Notwithstanding anything contained in any other law for the time being in force or in any rules or regulations, on the commencement of this Ordinance, the Housing and Building Research Centre at Dar-us-Salam, Mirpur, Dacca, hereinafter referred to as the said Centre, shall stand abolished and upon such abolition- (a)\tall assets, including lands and buildings, workshops, machinery, apparatus and materials of the said Centre shall stand transferred to, and vest in, the Institute; (b)\tall debts, liabilities and obligations of the said Centre subsisting immediately before such abolition shall be the debts, liabilities and obligations of the Institute; (c)\tall officers and other employees of the said Centre shall, notwithstanding anything contained in their terms and conditions of service, stand transferred to the Institute and shall hold office or service in the Institute on the same terms and conditions as were enjoyed by them immediately before such transfer and shall continue to do so until the terms and conditions are duly altered by the Institute or the Government: Provided that an officer or employee of the said Centre may, within such time as may be specified by the Institute, exercise his option not to continue in the service of the Institute.",
"name": "Abolition of Housing and Building Research Centre",
"related_acts": "",
"section_id": 22
}
],
"text": "An Ordinance to provide for the establishment of a Housing and Building Research Institute. WHEREAS it is expedient to provide for the establishment of a Housing and Building Research Institute and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 557,
"lower_text": [
"1 Clause (e) was substituted by section 2 of the Rural Electrification Board (Amendment) Act, 2002 (Act No. XXII of 2002)",
"2 The word “four” was substituted for the word “three” by section 2 of the Rural Electrification Board (Second Amendment) Act, 2001 (Act No. XXVII of 2001)",
"3 Section 9A was inserted by section 3 of the Rural Electrification Board (Amendment) Ordinance, 1985 (Ordinance No. LIII of 1985)",
"4 The words “in this Ordinance or” were inserted by section 2 of the Rural Electrification Board (Amendment) Ordinance, 1985 (Ordinance No. LIII of 1985)",
"5 The words “including one in a municipality” were inserted by section 2 of the Rural Electrification Board (Amendment) Ordinance, 1985 (Ordinance No. LIII of 1985)",
"6 The words “and any power generating station run by any person or entity under a contract with the Government” were inserted by section 2 of the Rural Electrification Board (Amendment) Act, 2001 (Act No. XXVI of 2001)",
"7 Section 23A was inserted by section 2 of the Rural Electrification Board (Amendment) Act, 1988 (Act No. XXIV of 1988)"
],
"name": "The Rural Electrification Board Ordinance, 1977",
"num_of_sections": 28,
"published_date": "31st October, 1977",
"related_act": [
93,
557
],
"repelled": true,
"sections": [
{
"act_id": 557,
"details": "1. This Ordinance may be called the Rural Electrification Board Ordinance, 1977.",
"name": "Short title",
"related_acts": "557",
"section_id": 1
},
{
"act_id": 557,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Rural Electrification Board established under section 3; (b)\t“Chairman” means the Chairman of the Board; (c)\t“member” means a member of the Board and includes the Chairman; (d)\t“prescribed” means prescribed by rules made under this Ordinance; 1(e)\t“rural area” means an area which is not included within a municipality and includes such a municipality or an area within a municipality as the Government may, by notification in the official Gazette, specify in this behalf; (f)\t“Samity” means a Palli Bidyut Samity formed under this Ordinance and registered with the Board.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 557,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish a Board to be called the Rural Electrification Board for carrying out the purposes of this Ordinance. (2) The Board shall be a body corporate having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance and the rules made thereunder, 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 Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 557,
"details": "4. (1) The head office of the Board shall be at Dacca. (2) The Board may establish offices at such other places as it deems fit.",
"name": "Head Office, etc",
"related_acts": "",
"section_id": 4
},
{
"act_id": 557,
"details": "5. (1) The Board shall consist of the following members, namely:- (a) \ta Chairman to be appointed by the Government; (b)\t 2four whole-time members to be appointed by the Government; (c)\tone part-time member to represent the Bangladesh Power Development Board to be nominated by that Board; (d)\tone part-time member to represent the Bangladesh Agricultural Development Corporation to be nominated by that Corporation; (e)\tone part-time member to represent the Small and Cottage Industries Corporation to be nominated by that Corporation; and (f)\tone part-time member to represent the Integrated Rural Development Programme to be nominated by the Local Government, Rural Development and Co-operatives Division. (2) The Chairman and other members shall hold office on such terms and conditions as the Government may determine. (3) 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.",
"name": "Composition of the Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 557,
"details": "6. (1) The Chairman shall be a whole-time officer and the chief executive of the Board. (2) The Chairman and other members shall exercise such powers and perform such functions as may be prescribed or as may be assigned to them by the Board from time to time.",
"name": "Functions of Chairman and other members",
"related_acts": "",
"section_id": 6
},
{
"act_id": 557,
"details": "7. (1) The meetings of the Board shall be held at such times and places and in such manner as may be prescribed: Provided that until rules are made in this behalf the meetings of the Board shall be held as and when convened by the Chairman. (2) To constitute a quorum of a meeting of the Board, not less than three members shall be present. (3) All questions at a meeting of the Board 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. (4) All meetings of the Board shall be presided over by the Chairman or, in his absence, by a whole-time member authorised in writing by the Chairman.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 557,
"details": "8. The functions of the Board shall be- (a)\tto establish electricity generation, transmission, transformation and distribution systems in the rural areas of Bangladesh; (b)\tto take measures for effective use of electricity to foster rural development with special emphasis on increase of use of electric power for economic pursuits, such as development of agriculture and establishment of rural industries and assisting the disadvantaged sections of the community for augmenting their income and standard of living; (c)\tto determine, with the approval of the Government, the criteria for rural electrification and associated works to ensure optimum use of resources and maximum socio-economic benefits; (d)\tto conduct surveys and feasibility studies and prepare schemes for establishment of electrical systems in the rural areas and to provide for prompt utilisation of electrical power for socio-economic benefits to the community; (e)\tto submit reports and schemes to the Government for approval and to execute the approved schemes; (f)\tto take over from the Bangladesh Power Development Board and other organisations electric systems together with the assets and liabilities relating thereto and arrange for their management; (g)\tto organise the prospective consumers of electricity into formal and informal groups, such as Palli Bidyut Samities, electric and other co-operatives, societies, associations and companies for the purpose of execution and management of schemes and providing related services; (h)\tto prescribe by-laws for the Samities and other groups for their registration with the Board and determining the manner of their functioning; (i)\tto receive grants and raise loans from the Government and other bodies and individuals for creating funds for the purpose of carrying out its business; (j)\tto advance funds, on such terms and conditions as it may determine, to any Samity or other group for the execution of approved schemes, operation and management of works and services and providing loans to their members for the purpose of obtaining electric connections and equipping them for productive utilisation of electrical power; (k)\tto hand over to any Samity or other group completed schemes for operation and management on such terms and conditions as it may determine; (l)\tto organise effective programme for preparation, execution, operation, and management of rural electrification programmes and related works; (m)\tto prescribe standards for work, equipment, operation, maintenance, procurement and warehousing personnel and fiscal administration and other aspects of management to be followed by the Board as well as by the Samities and other groups registered by it; (n)\tto prescribe relending terms for the Samities and other groups borrowing funds from the Board and prescribe regulations for project appraisal and credit administration; (o)\tto cooperate with agencies of the Government, interested non-government bodies as well as local administration and local authorities in rural development works and to take initiative for promotion of setting up of rural industries, boosting irrigation and drainage and augmenting commercial and domestic use of electricity; (p)\tto enter into any business, including manufacture of electric equipment, and to enter into any contract and arrangements with others for efficient discharge of its functions; (q)\tto conduct research and evaluation to adjudge the effectiveness of its programmes as well as those of others in the relevant fields; (r)\tto take such other measures and exercise such other powers as it considers necessary or expedient for carrying out its functions under this Ordinance.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 557,
"details": "39A. Notwithstanding anything contained in this Ordinance or in any other law for the time being in force, where any rural area is included in a municipality after the establishment therein of electricity generation, transmission, transformation and distribution systems by the Board, the systems so established shall continue to be operated, maintained and managed by the Board, as if the area had not been included in the Municipality.",
"name": "Special provision regarding operation, etc., of certain electricity system",
"related_acts": "",
"section_id": 9
},
{
"act_id": 557,
"details": "9. Notwithstanding anything contained 4in this Ordinance or in any other law for the time being in force, the Board- (a) \tmay, on such terms and conditions as may be determined by the Government, take over any electric power distribution system 5including one in a municipality and operate it or make it over to any Samity for its operation; (b)\tmay prescribe standards for the operation and maintenance of distribution system made over to the Samities; (c)\tshall receive supply of electricity from the Bangladesh Power Development Board 6and any power generating station run by any person or entity under a contract with the Government at such rates and on such terms and conditions as may be determined by the Government; (d)\tshall approve the rate of electricity to be levied by the Samities and other groups for sale of electric power to their members and in doing so shall see that the rate enables the Samities and other groups at least to recover costs of financing, operation and maintenance and depreciation of assets.",
"name": "Provisions regarding power supply",
"related_acts": "",
"section_id": 10
},
{
"act_id": 557,
"details": "10. The Board shall, for the purpose of Electricity Act, 1910 (IX of 1910), be deemed to be licensee and shall have all the powers and discharge all the obligations of a licensee under that Act: Provided that nothing in sections 3 to 11, sub-sections (2) and (3) of section 21 and sections 22, 23 and 27 or in clauses I to XII of the Schedule to the said Act relating to the duties and obligations of a licensee shall apply to the Board.",
"name": "Board to be licensee",
"related_acts": "93",
"section_id": 11
},
{
"act_id": 557,
"details": "11. (1) The Board may appoint such officers and other employees and engage such consultants, advisors, auditors and contractors as it may consider necessary for the performance of its functions on such terms and conditions as it may deem fit: Provided that no post shall be created by the Board without the prior approval of the Government. (2) The Board may appoint officers and other employees on deputation from other organisations and may also depute its own officers and employees to other organisations.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 557,
"details": "12. Any sum due to the Board or the Samities from any person under this Ordinance shall be recoverable as a public demand.",
"name": "Recovery of dues",
"related_acts": "",
"section_id": 13
},
{
"act_id": 557,
"details": "13. (1) There shall be formed a Fund to be known as the Rural Electrification Board Fund which shall vest in the Board and shall be utilised by the Board to meet the charges in connection with its functions under this Ordinance, including the payment of salaries and other remunerations to the Chairman, members, officers and other employees of the Board. (2) To the credit of the Rural Electrification Board Fund shall be placed- (a)\tgrants made by the Government; (b)\tloans obtained from the Government; (c)\tgrants made by local authorities; (d)\tgrants and loans obtained from any source outside Bangladesh with the sanction of the Government; (e)\tsale-proceeds of electricity; and (f)\tall other sums received by the Board.",
"name": "Fund",
"related_acts": "",
"section_id": 14
},
{
"act_id": 557,
"details": "14. The Board may, with the prior approval of the Government, borrow money for carrying out the purposes of this Ordinance or for servicing any loan obtained by it.",
"name": "Borrowing power",
"related_acts": "",
"section_id": 15
},
{
"act_id": 557,
"details": "15. The Board shall, by such date before the commencement of every financial year as the Government may direct, 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 and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 16
},
{
"act_id": 557,
"details": "16. (1) The Board shall maintain its accounts in such manner and form as the Government may specify. (2) The accounts of the Board 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. (3) For the purpose of an audit under sub-section (2) 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 Board and may examine the Chairman or any member, officer or employee of the Board. (4) The Auditor-General shall, as soon as possible after completion of the audit, send to the Board his audit report and the Board shall forward it, with its comments thereon, to the Government. (5) The Board shall take steps forthwith to remedy the defects or irregularities pointed out in the audit report.",
"name": "Audit and Accounts",
"related_acts": "",
"section_id": 17
},
{
"act_id": 557,
"details": "17. (1) The Board shall submit to the Government, as soon as possible after the end of every financial year, a report on the conduct of its affairs for that year. (2) The Board shall submit to the Government at such times and at such interval as the Government may specify- (a)\tsuch returns, accounts, statements, estimates and statistics as may be required by the Government; (b)\tinformation and comments asked for by the Government on any specific subject; (c)\tcopies of documents required by the Government for examination or any other purpose.",
"name": "Submission of reports, etc.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 557,
"details": "18. (1) The Chairman or any member, or any other person authorised by the Chairman in this behalf, may, with or without assistants or workmen, enter into or upon any land in order- (a)\tto make any inspection, survey, experiment, valuation or inquiry; (b)\tto dig or bore into the sub-soil; (c)\tto set out boundaries and intended lines or work; (d)\tto mark such boundaries and lines by placing marks and cutting trenches; or (e)\tto do any other thing, whenever it is necessary to do so for any of the purposes of this Ordinance: Provided that no such entry shall be made without giving the occupier of the land at least twenty-four hours' notice of the intention to make such entry. (2) When any person enters upon any land in pursuance of sub-section (1) he shall, at the time of entering or as soon thereafter as may be practicable, pay or tender payment for all necessary damage to be done, and in case of dispute as to the sufficiency of the amount so paid or tendered refer the matter to the Deputy Commissioner whose decision shall be final.",
"name": "Power of Entry",
"related_acts": "",
"section_id": 19
},
{
"act_id": 557,
"details": "19. The Board may place underground cable and pipes and overhead structures, such as poles, wires, brackets, stays, apparatus and appliances, for transmission and distribution of electricity as well as for telegraphic, telephonic, carrier and radio communications necessary for the proper execution of its schemes and performing other functions under this Ordinance.",
"name": "Power to place underground and overhead structure",
"related_acts": "",
"section_id": 20
},
{
"act_id": 557,
"details": "20. Any land required by the Board for carrying out its functions under this Ordinance shall be deemed to be needed for a public purpose and such land may be requisitioned or acquired for the Board by the Government or the Deputy Commissioner, as the case may be, in accordance with any law for the time being in force.",
"name": "Compulsory acquisition of land for the Board",
"related_acts": "",
"section_id": 21
},
{
"act_id": 557,
"details": "21. The Board may, by general or special order, 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 Board as may be specified therein.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 22
},
{
"act_id": 557,
"details": "22. The Government may, from time to time, issue directions to the Board to take such measures as it considers necessary for carrying out the purposes of this Ordinance; and the Board shall comply with all such directions.",
"name": "Power to issue directions",
"related_acts": "",
"section_id": 23
},
{
"act_id": 557,
"details": "23. No suit, prosecution or other legal proceeding shall lie against the Board, the Chairman or any member, officer or employee of the Board for anything done or intended to be done in good faith under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 24
},
{
"act_id": 557,
"details": "723A. Notwithstanding anything contained in any other law for the time being in force, the Board or a Samity shall not be construed as a “shop”, “commercial establishment”, “factory” or “industry” within the meaning of the Shops and Establishments Act, 1965 (E.P. Act VII of 1965), the Factories Act, 1965 (E.P. Act IV of 1965), or the Industrial Relations Ordinance, 1969 (XXIII of 1969).",
"name": "Board, etc., not to be construed as shop, etc.",
"related_acts": "",
"section_id": 25
},
{
"act_id": 557,
"details": "24. No provision of law relating to the winding up of bodies corporate shall apply to the Board, and the Board 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": 26
},
{
"act_id": 557,
"details": "25. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 27
},
{
"act_id": 557,
"details": "26. The Board may, with the approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for all matters not rendered to be provided for by rules and for which provision is necessary or expedient for carrying out the purposes of this Ordinance.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 28
}
],
"text": "An Ordinance to provide for the establishment of the Rural Electrification Board. WHEREAS it is expedient to provide for the establishment of a Board for rural electrification in Bangladesh and taking measures for effective use of electrical power for development of the rural economy of the country; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 558,
"lower_text": [
"1 The word “twelve” was substituted for the word “eight” by section 2 of the Cost and Management Accountants (Amendment) Act, 1990 (Act No. XXXIX of 1990)",
"2 Sub-section (3) was inserted by section 2 of the Cost and Management Accountants (Amendment) Act, 1990 (Act No. XXXIX of 1990)",
"3 Section 11 was substituted by section 3 of the Cost and Management Accountants (Amendment) Act, 1990 (Act No. XXXIX of 1990)",
"4 Clause (jj) was inserted by section 4 of the Cost and Management Accountants (Amendment) Act, 1990 (Act No. XXXIX of 1990)",
"5 Section 14A was inserted by section 64 of the ফাইনান্সিয়াল রিপোর্টিং আইন, ২০১৫ (২০১৫ সনের ১৬ নং আইন)।",
"6 The word “and” was omitted and thereafter the clause (cc) was inserted by section 5 of the Cost and Management Accountants (Amendment) Act, 1990 (Act No. XXXIX of 1990)",
"7 The words “one of the Vice-Presidents nominated by the Council and three” were substituted for the words “the Vice-President and three other” by section 5 of the Cost and Management Accountants (Amendment) Act, 1990 (Act No. XXXIX of 1990)",
"8 The words “one of the Vice-Presidents nominated by the Council and four” were substituted for the words “the President and such” by section 5 of the Cost and Management Accountants (Amendment) Act, 1990 (Act No. XXXIX of 1990)",
"9 The words “one of the Vice-Presidents nominated by the Council and four ” were substituted for the words and commas “the President, or the Vice-President, as the Council may decide; and such other” by section 5 of the Cost and Management Accountants (Amendment) Act, 1990 (Act No. XXXIX of 1990)",
"10 The comma and the word “,Secretary” was inserted by section 5 of the Cost and Management Accountants (Amendment) Act, 1990 (Act No. XXXIX of 1990)",
"11 Sub-section (6A) was inserted by section 5 of the Cost and Management Accountants (Amendment) Act, 1990 (Act No. XXXIX of 1990)",
"12 Clause (c) was substituted by section 6 of the Cost and Management Accountants (Amendment) Act, 1990 (Act No. XXXIX of 1990)"
],
"name": "The Cost and Management Accountants Ordinance, 1977",
"num_of_sections": 36,
"published_date": "14th November, 1977",
"related_act": [
442,
558
],
"repelled": true,
"sections": [
{
"act_id": 558,
"details": "1. This Ordinance may be called the Cost and Management Accountants Ordinance, 1977.",
"name": "Short title",
"related_acts": "558",
"section_id": 1
},
{
"act_id": 558,
"details": "2. (1) In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“associate” means an associate member of the Institute; (b)\t“cost and management accountant” means a person who is an associate or a fellow of the Institute; (c) \t“Council” means the Council of the Institute; (d) \t“dissolved Institute” means the Institute as defined in the Cost and Industrial Accountants Act, 1966 (XIV of 1966); (e) \t“fellow” means a fellow member of the Institute; (f)\t“Institute” means the Institute of Cost and Management Accountants of Bangladesh constituted under this Ordinance; (g) \t“prescribed” means prescribed by regulations made under this Ordinance; (h) \t“President” means the President of the Council; (i)\t“Register” means the Register of members of the Institute maintained under this Ordinance; (j)\t“Vice-President” means the Vice-President of the Council. (2) Save as otherwise provided in this Ordinance, a member of the Institute shall be deemed “to be in practice” when, individually or in partnership with one or more members of the Institute in practice, he, in consideration of the remuneration received or to be received,- (a)\tengages himself in the practice of cost and management accounting; or (b)\toffers to perform services involving the costing or pricing of goods or services, or the preparation, verification or certification of cost accounting and related statements, or holds himself out to the public as a cost and management accountant; or (c)\trenders professional service or assistance in or about matters of principles or detail relating to the cost and management accounting procedures, or the recording, presentation or certification of costing facts or data; or (d)\trenders such other services as, in the opinion of the Council, are or may be rendered by a cost and management accountant in practice; and the words “to be in practice”, with its grammatical variations and cognate expressions, shall be construed accordingly. Explanation.- An associate or fellow who is a wholetime salaried employee of any person shall not be deemed “to be in practice” within the meaning of this sub-section.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 558,
"details": "3. (1) All persons whose names are entered in the Register at the commencement of this Ordinance and all persons who may hereafter have their names entered in the Register under the provisions of this Ordinance, so long as they continue to have their names borne on the Register, are hereby constituted a body corporate by the name of the Institute of Cost and Management 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 to contract, and shall by its name sue or be sued.",
"name": "Incorporation of the Institute",
"related_acts": "",
"section_id": 3
},
{
"act_id": 558,
"details": "4. (1) The following persons shall be entitled to have their names entered in the Register, namely:- (a)\tany person who was, immediately before the commencement of this Ordinance, a fellow or associate of the dissolved Institute; (b)\tany person who has passed such examination and completed such training as may be prescribed by the Council for membership of the Institute; (c)\tany person who has passed such other examination and completed such other training outside Bangladesh of such Institute of Cost and Management 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 the members of the Institute: Provided that, in the case of any such person who is not a citizen of Bangladesh, or permanently residing in Bangladesh, he shall fulfil such further conditions as the Council may deem fit to impose. (d)\tany person being a citizen of Bangladesh, who at the commencement of this Ordinance, has passed such other examination and completed such other training outside Bangladesh of such Institute of Cost and Management Accountancy and admitted as member of that Institute: Provided that any such examination or training of such Institute of Cost and Management Accountancy was recognised, before the commencement of this Ordinance, for the purpose of conferring the right to be registered as a member of the dissolved Institute; (e)\tany person, being a citizen of Bangladesh, who, at the commencement of this Ordinance,- (i)\tis studying for any foreign examination and is, at the same time, undergoing training, whether within or outside Bangladesh, of such Institute of Cost and Management Accountancy, and passes such examination and completes such training, or (ii) \thaving passed such foreign examination of such Institute of Cost and Management Accountancy, is undergoing training whether within or outside Bangladesh and completes such training : Provided that any such examination or training of such Institute of Cost and Management Accountancy was recognised, before the commencement of this Ordinance, for the purpose of conferring the right to be registered as a member of the dissolved Institute. (2) The Council shall, as early as possible, take such steps as may be necessary for having the names of all such persons as are mentioned in clause (a) of sub-section (1) entered in the Register without any application being made in that behalf or the payment of any fee and the name of every such person so entered shall be deemed to have been entered at the commencement of this Ordinance for the purpose of sub-section (1) of section 3. (3) Every person belonging to any of the classes mentioned in clauses (b), (c), (d) and (e) of sub-section (1) may have his name entered in the Register on an application made to, and granted by, the Council in the prescribed manner and on payment of the prescribed fee.",
"name": "Entry of names in the Register",
"related_acts": "",
"section_id": 4
},
{
"act_id": 558,
"details": "5. Notwithstanding anything contained in section 4, a person shall not be entitled to have his name entered in or borne on the Register if he- (a)\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 (b)\tis of unsound mind and stands so adjudged by a competent court; or (c)\tis an undischarged insolvent; or (d)\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 (e)\thas been convicted by a competent court, whether within or without Bangladesh, of an offence involving moral turpitude 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 (f)\thas been removed from the membership of the Institute on being found on enquiry to have been guilty of such professional or other misconduct as may be prescribed: Provided that a person who has been removed from membership of the Institute for a specified period shall not be entitled to have his name entered in the Register until the expiry of such period.",
"name": "Disabilities",
"related_acts": "",
"section_id": 5
},
{
"act_id": 558,
"details": "6. (1) Save as otherwise provided in this Ordinance, the members of the Institute shall be of two classes designated as fellows and associates. (2) A person, other than a person mentioned in sub-section (3), shall, on his name being entered in the Register, be an associate and, so long as his name remains so entered, shall be entitled to use the letters A.C.M.A. after his name to indicate that he is an associate member of the Institute. (3) A person who was, immediately before the commencement of this Ordinance; a fellow of the dissolved Institute shall be entered in the Register as a fellow of the Institute, and such person, so long as his name remains so entered, shall be entitled to use the letters F.C.M.A. after his name to indicate that he is a fellow member of the Institute. (4) A person who has been an associate for a continuous period of not less than five years and who possesses such qualifications as the Council may prescribe, may apply to the Council for admission as a fellow; and if the Council grants his application his name shall be entered in the Register as a fellow. Explanation.-In computing the continuous period during which a person has been an associate of the Institute, there shall be included any continuous period during which he has been an associate of the dissolved Institute immediately before he became an associate of the Institute. (5) The decision of the Council on an application made under sub-section (4) shall be final.",
"name": "Associates and fellows",
"related_acts": "",
"section_id": 6
},
{
"act_id": 558,
"details": "7. (1) No member of the Institute shall be entitled to practise within Bangladesh unless he holds a certificate of practice granted by the Council. (2) The Council may, subject to such conditions as it may deem fit to impose, grant a certificate of practice to a member of the Institute who applies in the prescribed form and pays the prescribed annual fee for such certificate. (3) Every member holding a certificate of practice shall pay the annual fee which shall be due on the first day of July in each financial year. (4) A certificate of practice shall be liable to be cancelled for default in payment of the annual fee for any financial year.",
"name": "Certificate of practice",
"related_acts": "",
"section_id": 7
},
{
"act_id": 558,
"details": "8. Every member of the Institute in practice shall, and any other member may, use the designation of Cost and Management Accountant and no member using such designation shall use any other designation, whether in addition thereto or in substitution therefore: Provided that nothing contained in this section shall be deemed to prohibit any such member 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 Cost and Management Accountants.",
"name": "Members to be known as Cost and Management Accountants",
"related_acts": "",
"section_id": 8
},
{
"act_id": 558,
"details": "9. (1) There shall be a Council of the Institute for the management of the affairs of the Institute and for discharging the functions assigned to it under this Ordinance. (2) The Council shall be composed of the following persons, namely:- (a) 1twelve persons to be elected by the members of the Institute from amongst the fellows; and (b)\tfour persons to be nominated by the Government. 2(3) An officer or employee of the Institute shall not be eligible for election or nomination as a member of the Council.",
"name": "Constitution and composition of the Council",
"related_acts": "",
"section_id": 9
},
{
"act_id": 558,
"details": "10. (1) Election of the members of the Council mentioned in clause (a) of sub-section (2) of section 9 shall be held at the annual general meeting of the Institute in such manner as may be prescribed. (2) Where any dispute arises regarding any such election, it 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, within thirty days from the date of the declaration of the result of the election, to the Council by an aggrieved party supported by at least five members of the Institute who had attended the election. (3) The expenses of the Tribunal shall be borne by the Institute or by the aggrieved party as may be ordered by the Tribunal. (4) If the members of the Institute fail to elect any of the members of the Council mentioned in clause (a) of sub-section (2) of section 9, the Government may nominate any person duly qualified for the purpose to fill the vacancy, and the person so nominated shall be deemed to have been duly elected under that clause.",
"name": "Election of the Council",
"related_acts": "",
"section_id": 10
},
{
"act_id": 558,
"details": "311. (1) The Council shall, at a meeting specially called for the purpose, elect from amongst its members the following honorary office-bearers, namely :- (a)\ta President ; (b)\ttwo Vice-Presidents ; (c)\ta Secretary ; (d)\ta Treasurer. (2) If the Council fails to elect any of the office-bearers within one month of the election of its members mentioned in clause (a) of sub-section (2) of section 9 or, as the case may be, within one month of the expiry of the term of an office-bearer, the Government may appoint any of the members of the Council to fill in the vacancy, and the office-bearer so appointed shall be deemed to have been duly elected by the Council on the date of such appointment. (3) The President shall be the chief executive of the Council. (4) Save as provided in sub-section (5) an office-bearer shall, subject to his being a member of the Council, hold his office for a period of one year from the date on which he is elected or deemed to have been elected. (5) Notwithstanding the expiry of the term of his office under sub-section (4), an office-bearer shall continue to perform his function until his successor is elected or deemed to have been elected. (6) Where a vacancy occurs in the office of an office-bearer because of his resignation or ceasing to be a member of the Council, the Council shall elect another office-bearer to fill the vacancy within one month from the date the vacancy occurs. (7) If the Council fails to elect a new office-bearer as provided in sub-section (6), the Government may appoint any of the members of the Council of fill the vacancy, and the office-bearer so appointed shall be deemed to have been duly elected by the Council on the date of such appointment.",
"name": "Honorary office-bearers of the Council",
"related_acts": "",
"section_id": 11
},
{
"act_id": 558,
"details": "12. (1) Any member of the Council may, at any time, resign his membership by writing under his hand addressed to the President, and the office of such member shall be deemed to have fallen vacant from the date of acceptance of his resignation by the President. (2) The President may, at any time, resign his office by writing under his hand addressed to the Government, and the office of the President including his membership of the Council shall be deemed to have fallen vacant from the date of acceptance of his resignation by the Government. (3) A member of the Council shall be deemed to have vacated his seat if he absents himself, without sufficient excuse, from three consecutive meetings of the Council, or if his name is, for any cause, removed from the Register under section 20, or remains out of Bangladesh for a continuous period exceeding one year. (4) A casual vacancy in the Council shall be filled by election, or by nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office for the remaining period of the duration of the Council: Provided that no election shall be held or no nomination shall be made 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. (5) No act done by the Council shall be called in question on the ground merely of the existence of any vacancy in, or defect in the Constitution of, the Council.",
"name": "Resignation of membership and casual vacancies",
"related_acts": "",
"section_id": 12
},
{
"act_id": 558,
"details": "13. (1) The duration of the Council shall be three years from the date of its first meeting on the expiry of which a new Council shall be constituted in accordance with the provisions of this Ordinance. (2) Notwithstanding the expiry of the duration of the Council under sub-section (1), it shall continue to function until a new Council is constituted in accordance with the provisions of this Ordinance, and upon such constitution, the Council so functioning shall stand dissolved.",
"name": "Duration and dissolution of Council",
"related_acts": "",
"section_id": 13
},
{
"act_id": 558,
"details": "14. (1) The Council shall exercise such powers and perform such functions as may be necessary to carry out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing provision, the powers and functions of the Council shall include- (a)\tthe examination of candidates for membership of the Institute and the prescribing of fees for such examination; (b)\tthe registration and training of students; (c)\tthe prescribing of qualifications for entry of persons as members of the Institute; (d)\tthe recognition of foreign qualifications and training or experience for purposes of membership of the Institute; (e)\tthe granting, refusal and cancellation of certificates of practice; (f)\tthe maintenance of the Register and publication of the list of members of the Institute and also the names of the members who hold certificates of practice; (g)\tthe levy and collection of fees from members, students and examinees; (h)\tthe removal of names from the Register and 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 giving financial assistance to persons other than members of the Council or in any other manner, of research in cost and management accounting; 4(jj)\tthe rendering of professional expertise service in the field of Cost and Management Accounting and in such other related fields; (k)\tthe maintenance of libraries and publication of books and periodicals relating to cost and management accounting and allied subjects; (l) \tthe exercise of such disciplinary powers over the members, officers and employees of the Institute as may be prescribed; (m)\tthe exercise of such other powers and the performance of such other functions as are required to be, or may be, exercised or performed by the Council under this Ordinance or the regulations made thereunder.",
"name": "Functions of the Council",
"related_acts": "",
"section_id": 14
},
{
"act_id": 558,
"details": "514A. The function of the Institute shall be subject to the public-interest oversight of the Financial Reporting Council in accordance with section 40 of the Financial Reporting Act, 2015 which shall ensure that the Institute meets its responsibilities to maintain highprofessional standards and develop the accounting profession.",
"name": "",
"related_acts": "",
"section_id": 15
},
{
"act_id": 558,
"details": "14B. The Institute shall ensure that all members of the Instituted 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": "",
"related_acts": "",
"section_id": 16
},
{
"act_id": 558,
"details": "14C. A person shall not be entitled to have his name entered in or borne on the Register if he 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": 17
},
{
"act_id": 558,
"details": "15. For the efficient performance of its functions, the Council may- (a) \tappoint such officers and employees as it may consider necessary; (b) \trequire and take from officers and employees of the Institute such security for the due performance of their duties as it may consider necessary; and (c) \tfix the salaries, fees, allowances and other conditions of service of the officers and employees of the Institute.",
"name": "Appointment of officers and employees, etc.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 558,
"details": "16. (1) The Council shall constitute from amongst its members the following Standing Committees, namely:- (a) \tan Executive Committee; (b) \tan Education Committee; (c) \tan Examination Committee; 6 * * * (cc)\ta Research and Development Committee ; (d)\ta Disciplinary Committee. (2) The Council may also constitute such other Committees from amongst its members as it deems necessary for the purpose of carrying out the provisions of this Ordinance. (3) The Executive Committee shall consist of the President, 7one of the Vice-Presidents nominated by the Council and three members nominated by the Council from amongst its members. (4) The Education Committee shall consist of 8one of the Vice-Presidents nominated by the Council and four other members as may be nominated by the Council from amongst its members. (5) The Examination Committee shall consist of 9one of the Vice-Presidents nominated by the Council and four members as may be nominated by the Council from amongst its members. (6) The Disciplinary Committee shall consist of the President 10, Secretary and two other members nominated by the Council from amongst its members. 11(6A) The Research and Development Committee shall consist of the President, one of the Vice-Presidents nominated by the Council and four members nominated by the Council from amongst its members. (7) Every other Committee constituted under sub-section (2) shall consist of such members as the Council may decide. (8) The President shall be the Chairman of every Committee of which he is a member, and, in his absence, the Vice-President, if he is a member of the Committee, shall be the Chairman. (9) The Standing Committees shall perform such functions as may be prescribed and the other Committees shall perform such functions as the Council may direct.",
"name": "Committees of the Council",
"related_acts": "",
"section_id": 19
},
{
"act_id": 558,
"details": "17. (1) For the purpose of advising and assisting it in the discharge of its functions, the Council may constitute such Branch Councils as and when it deems necessary. (2) A Branch Council shall be constituted in such manner and perform such functions as may be prescribed. (3) The Council may, at any time, dissolve any Branch Council constituted under sub-section (1).",
"name": "Branch Councils",
"related_acts": "",
"section_id": 20
},
{
"act_id": 558,
"details": "18. (1) There shall be established a fund under the management and control of the Council into which shall be paid all moneys received by the Council and out of which shall be met all expenses and liabilities properly incurred by the Council. (2) The Council may invest any money for the time being standing to the credit of the fund in any Government security or in any other security approved by the Council. (3) The Council shall cause maintenance of proper accounts of the funds distinguishing capital from revenue. (4) The annual accounts Institute shall be subject to audit by a chartered accountant within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P.O. No. 2 of 1973): Provided that no member of the Council or a person who is in partnership with such member shall be eligible for appointment as auditor under this sub-section. (5) As soon as may be practicable after the close of each financial year, but not later than the thirtieth day of November next following, the Council shall cause to be published a copy of the audited accounts and the Report of the Council for that financial year and copies of the said accounts and Report shall be forwarded to the Government and to all the members of the Institute.",
"name": "Finance of the Council",
"related_acts": "442",
"section_id": 21
},
{
"act_id": 558,
"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)\tsuch other particulars as 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 a copy of the list shall be sent to every member of the Institute. (4) Every member of the Institute shall, on his name being entered in the Register, pay such annual membership fee as may be prescribed and different fees may be prescribed for associates and for fellows.",
"name": "Register",
"related_acts": "",
"section_id": 22
},
{
"act_id": 558,
"details": "20. (1) 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 12(c)\twho has not paid any prescribed fee payable by him for a period of three years from the date it fell due; or (d) \twho is found to have been subject at the time when his name was entered in the Register, or who, at any time thereafter, has become subject to any of the disabilities mentioned in section 5, or who, for any other reason, has ceased to be entitled to have his name borne on the Register. (2)\tThe Council shall remove from the Register the name of any member who is not entitled to remain a member under this Ordinance.",
"name": "Removal of name from the Register",
"related_acts": "",
"section_id": 23
},
{
"act_id": 558,
"details": "21. A person shall, without prejudice to any other proceedings which may be taken against him, be punishable, on first conviction, with fine which may extend to one thousand taka, and, on any subsequent conviction, with imprisonment which may extend to six months, or with fine which may extend to five thousand taka, or with both, if he- (a) \tnot being a member of the Institute, represents that he is a member of the Institute, or uses the designation of Cost and Management Accountant, or Cost Accountant, Management Accountant, Industrial Accountant or Works Accountant, or any abbreviation thereof in a manner as to impress that he is a Cost and Management Accountant, or uses the letters A.C.M.A. or F.C.M.A; or (b)\tbeing a member of the Institute, but not having a certificate of practice, represents that he is in practice or practices as cost accountant, management accountant, industrial accountant or works accountant or in some similar profession in the field of cost and management accounting.",
"name": "Penalty for falsely claiming to be a member of the Institute, etc.",
"related_acts": "",
"section_id": 24
},
{
"act_id": 558,
"details": "22. (1) Save as otherwise provided in this Ordinance, no person shall- (a)\tuse any name or 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 be likely to deceive the public; or (b)\tgrant or confer any degree, diploma, certificate or designation which indicates or purports to indicate the profession or attainment of any qualification or competence in cost and management accounting similar to that of a member of the institute. (2) Any person contravening the provisions of sub-section (1) shall, without prejudice to any other proceedings which may be taken against him, be punishable, on first conviction, with fine which may extend to one thousand taka, and, on any subsequent conviction, with imprisonment which may extend to six months, or with fine which may extend to five thousand taka, or with both. (3) Nothing contained in this section shall apply to any University established by law or to any institution affiliated thereto. (4) If the Government is satisfied that any diploma, certificate or designation granted or conferred by any person other than the Institute, which purports to be a qualification in cost and management accounting but which, in the opinion of the Government, falls short of the standard of qualifications prescribed for cost and management accountants and does not in fact indicate or purport to indicate the profession or attainment of any qualifications or competence in cost and management accounting similar to that of a member of the Institute, it may, by notification in the official Gazette and subject to such conditions as it may think fit to impose, declare that this section shall not apply to such diploma, certificate or designation.",
"name": "Penalty for using the name of the Council, etc.",
"related_acts": "",
"section_id": 25
},
{
"act_id": 558,
"details": "23. (1) No company, whether incorporated in Bangladesh or elsewhere, shall practise as cost and management accountant in Bangladesh. (2) If any company contravenes the provisions of sub-section (1), then, without prejudice to any other proceedings which may be taken against the company, every director, manager, secretary and other officer of such company who is knowingly a party to such contravention, shall be punishable, on first conviction, with fine which may extend to one thousand taka, and, on any subsequent conviction, to five thousand taka.",
"name": "Companies not to engage in cost and management accounting in Bangladesh",
"related_acts": "",
"section_id": 26
},
{
"act_id": 558,
"details": "24. (1) No person, other than a member of the Institute, shall sign any document on behalf of a cost and management accountant, industrial accountant, management accountant or works accountant, or a firm of industrial, cost or management accountants in his or its professional capacity. (2) Any person contravening the provisions of sub-section (1) shall be punishable, on first conviction, with fine which may extend to one thousand taka, and, on any subsequent conviction, to five thousand taka.",
"name": "Unqualified persons not to sign documents",
"related_acts": "",
"section_id": 27
},
{
"act_id": 558,
"details": "25. (1) If the person committing an offence under this Ordinance is a company, the company as well as every person in-charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence 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 exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Ordinance has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purposes of this section,- (a)\t“company”, with respect to an offence under section 21 or section 24, means any body corporate and includes a firm or other association of individuals and, with respect to an offence under section 23, a body corporate; and (b)\t“director”, in relation to a firm, means a partner in the firm.",
"name": "Offences by companies",
"related_acts": "",
"section_id": 28
},
{
"act_id": 558,
"details": "26. No person shall be prosecuted under this Ordinance except on a complaint made by or under the order of, the Council or of the Government.",
"name": "Sanction to prosecute",
"related_acts": "",
"section_id": 29
},
{
"act_id": 558,
"details": "27. (1) Where an order is made under this Ordinance reprimanding a member of the Institute a record of the punishment shall be entered against his name in the Register. (2) Where the name of any member is removed from the Register, the certificate of membership and the certificate of practice, if any, granted to him shall be recalled and cancelled.",
"name": "Alteration in the Register and cancellation of certificate",
"related_acts": "",
"section_id": 30
},
{
"act_id": 558,
"details": "28. No suit, prosecution or other legal proceeding shall lie against the Government, Council or any Committee thereof, or any officer or employee of the Council in respect of anything which is in good faith done or intended to be done under this Ordinance or of any regulation or order made thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 31
},
{
"act_id": 558,
"details": "29. (1) Where a cost and management accountant or a firm of such accountants has more than one office in Bangladesh, each one of such office shall be in the separate charge of a member of the Institute: Provided that the Council may, in suitable cases, exempt any cost and management accountant or a firm of such accountants from the operation of this sub-section. (2) Every cost and management accountant in practice or a firm of such accountants maintaining more than one office shall send to the Council a list of offices together with the names of the persons in charge thereof and shall keep the Council informed of any change in relation thereto.",
"name": "Maintenance of branch offices",
"related_acts": "",
"section_id": 32
},
{
"act_id": 558,
"details": "30. (1) Where any country prevents persons of Bangladesh domicile from becoming members of any institution similar to the Institute, or from practising the profession of cost and management accountancy, or subjects them to unfair discrimination in that country, no person of any such country shall be entitled to become a member of the Institute or to practise the profession of cost and management accountancy in Bangladesh. (2) Subject to the provisions of sub-section (1), the Council may prescribe the conditions, if any, subject to which foreign qualifications relating to cost and management accounting shall be recognised for the purpose of entry in the Register of members. (3) Nothing contained in sub-sections (1) and (2) shall apply to a person whose services as a cost and management accountant have been obtained by the Government.",
"name": "Reciprocity",
"related_acts": "",
"section_id": 33
},
{
"act_id": 558,
"details": "31. (1) The Council may, by notification in the official Gazette, make regulations for carrying out the purposes of this Ordinance. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:- (a)\tthe standard and conduct of examination under this Ordinance; (b)\tthe qualifications for entry of the name of any person in the Register as a member of the Institute; (c)\tthe qualification for the purpose of sub-section (4) of section 6; (d)\tthe conditions under which any examination or training may be treated as equivalent to the examination or training prescribed for the membership of the Institute; (e)\tthe conditions under which any foreign qualifications may be recognised; (f)\tthe manner in which, and the conditions subject to which, applications for entry in the Register may be made; (g)\tthe fees payable for membership of the Institute and the annual fees payable for certificate of practice; (h)\tthe manner in which elections to the Council and the Branch Councils may be held; (i)\tthe particulars to be entered in the Register; (j)\tthe functions of the Branch Councils; (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 cost and management accounting; (m)\tthe maintenance of libraries and publication of books and periodicals relating to cost and management accounting and allied subject; (n)\tthe management of the property of the Institute and the maintenance and audit of its accounts; (o)\tthe summoning and holding of meetings of the Council and Committees thereof, the times and places of such meetings, the procedure to be followed thereat and the number of members necessary to form a quorum; (p)\trecording and certifying minutes of meetings of the Council and the annual general meeting and extraordinary meetings; (q)\tappointment and removal of auditors of the Institute; (r) \tthe manner in which the annual list of members of the Institute shall be published; (s)\tthe powers, duties and functions of the President, Vice-President, Secretary and Treasurer of the Council, and the honorarium to be paid to the honorary office bearers and other members of the Council and its Committees; (t)\tthe functions of the Standing Committees and other Committees and the conditions subject to which functions shall be discharged; (u)\tthe powers, duties and functions of the officers and other employees of the Council; (v)\trules of professional and other conduct and the exercise of disciplinary powers in relation thereto; (w)\tthe terms and conditions of service of the officers and employees of the Institute; (x)\tthe registration of students and the fees to be charged for such registration; and (y)\tany other matter which is required to be, or may be, prescribed under this Ordinance. (3)\tAll regulations made by the Council under this Ordinance shall be subject to the condition of previous publication and to the approval of the Government. (4)\tThe Council shall, as soon as practicable, send a copy of any regulation made by it to every member of the Institute.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 34
},
{
"act_id": 558,
"details": "32. (1) Where the Government considers it expedient so to do, it may, by order in writing, direct the Council to make any regulation, or to amend or rescind any regulation already made within such period as it may specify in this behalf. (2) If the Council fails or neglects to comply with such direction within the specified period, the Government may make or amend, with or without modifications, or rescind, any regulation directed to be made, amended or rescinded; and any regulation so made, amended or rescinded by the Government shall be deemed to have been made, amended or rescinded by the Council and shall have effect accordingly.",
"name": "Power to give directions for making regulations, etc.",
"related_acts": "",
"section_id": 35
},
{
"act_id": 558,
"details": "33. (1) Upon the constitution of the Institute under section 3, the Cost and Industrial Accountants Act, 1966 (XIV of 1966), hereinafter referred to as the said Act, shall stand repealed. (2) Upon the repeal of the said Act,- (a)\tthe dissolved Institute and the Council of the dissolved Institute constituted under the said Act shall stand dissolved: Provided that persons who were honorary office bearers and other members of the Council of the dissolved Institute and functioning immediately before the repeal of the said Act shall, until such time as the Council is constituted under section 9, be the honorary office bearers and other members and perform the functions of, and be deemed to be, the Council constituted under this Ordinance; (b)\tall assets, rights, powers, authorities and privileges and all properties, both movable and immovable, cash and bank balances, funds of the dissolved Institute and all other interests and rights in, or arising out of, such property shall stand transferred to, and vested in, the Institute; (c)\tall debts, liabilities and obligations of whatever kind of the dissolved Institute subsisting immediately before its dissolution shall, unless the Government otherwise directs, be the debts, liabilities and obligations of the Institute; (d) \tall suits and other legal proceedings instituted by or against the dissolved Institute before its dissolution shall be deemed to have been instituted by or against the Institute; (e)\tservices of all officers and employees of the dissolved Institute shall, notwithstanding anything contained in any contract or agreement or in the terms and conditions of service, stand transferred to the Institute and they shall be deemed to be officers and employees of the Institute appointed by it on the same terms and conditions of service as were applicable to them in the dissolved Institute unless such terms and conditions are altered, not being to their disadvantage, by the Institute; (f)\tany certificate of practice or other document granted or made under the said Act and in force immediately before the commencement of this Ordinance shall be deemed to have been granted or made under the corresponding provisions of this Ordinance.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 36
}
],
"text": "An Ordinance to constitute an Institute of Cost and Management Accountants of Bangladesh for the purpose of regulating the profession of cost and management accountants. WHEREAS it is expedient to constitute an Institute of Cost and Management Accountants in Bangladesh for the purpose of regulating the profession of cost and management accountants and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 559,
"lower_text": [],
"name": "The Bangladesh Public Service Commission Ordinance, 1977",
"num_of_sections": 7,
"published_date": "28th November, 1977",
"related_act": [
559
],
"repelled": true,
"sections": [
{
"act_id": 559,
"details": "1. (1) This Ordinance may be called the Bangladesh Public Service Commission Ordinance, 1977. (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": "559",
"section_id": 1
},
{
"act_id": 559,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context, “Commission” means the Bangladesh Public Service Commission established under section 3.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 559,
"details": "3. (1) There shall be established a public service commission to be called the Bangladesh Public Service Commission. (2) The number of members of the Commission, including the Chairman, shall be not less than six nor more than fifteen.",
"name": "Establishment of Bangladesh Public Service Commission",
"related_acts": "",
"section_id": 3
},
{
"act_id": 559,
"details": "4. The exercise of the functions of the Commission under clause (2) of Article 140 of the Constitution in respect of any matter referred to therein shall be subject to the provisions of this Ordinance, any regulation made under that article or any other law for the time being in force affecting such matter.",
"name": "Functions to be subject to the Ordinance, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 559,
"details": "5. Notwithstanding anything contained in this Ordinance or in any other law for the time being in force, consultation with the Commission shall not be necessary- (a)\tin respect of any appointment to or any other matter relating to- (i)\ta post in a divisional office, a district office or a subordinate office to which appointment may be made by the head or other officer of that office; (ii)\ta civil service or a civil post which is, or is declared by Government to be, a lower subordinate service or, as the case may be, a lower subordinate post; (iii)\tany service or post appointment to which was excluded from the purview of any public service commission before the commencement of this Ordinance; and (iv)\tsuch other service or post as the President may, by notification in the official Gazette, specify in this behalf; (b)\tin respect of any ad hoc appointment, or of any matter relating to such appointment, made during the period from the 16th day of December, 1971, to the 8th day of April, 1972; or (c)\tin respect of appointment of such class of persons in the service of the Republic, or of any matter relating thereto, as the President may, by notification in the official Gazette, specify in this behalf. Explanation.-In this section, “divisional office”, “district office” and “subordinate office” means such office as the Government may, by order, declare to be such an office for the purpose of this Ordinance.",
"name": "Exclusion from the purview of the Commission",
"related_acts": "",
"section_id": 5
},
{
"act_id": 559,
"details": "6. Notwithstanding anything contained in this Ordinance or in any other law for the time being in force, the President may review such test or examination conducted, or advice given, by any public service commission during the period from the 26th day of March, 1971, to the 8th day of April, 1972, and pass such orders in respect thereof as he could under any law in force immediately before the 16th day of December, 1972.",
"name": "Power of review",
"related_acts": "",
"section_id": 6
},
{
"act_id": 559,
"details": "7. (1) The Public Service Commissions Ordinance, 1977 (Ordinance No. VIII of 1977), hereinafter referred to as the said Ordinance, is hereby repealed. (2) Any matter pending immediately before the commencement of this Ordinance with or before the Public Service (First) Commission or the Public Service (Second) Commission established under the said Ordinance shall stand transferred to, and shall be deemed to be pending with or before, the Commission and shall be disposed of accordingly. (3) A member of the Public Service (First) Commission or the Public Service (Second) Commission established under the said Ordinance who was holding office immediately before the commencement of this Ordinance shall, after such commencement, hold office for the remainder of his term as a member of the Commission as if he were appointed as such member on the same terms and conditions as were applicable to him and shall accordingly exercise and perform the functions of such member.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 7
}
],
"text": "An Ordinance to establish a Public Service Commission to replace the two Public Service Commissions established by the Public Service Commissions Ordinance, 1977. WHEREAS it is expedient to establish a Public Service Commission to replace the two public service commissions established by the Public Service Commissions Ordinance, 1977 (Ordinance No. VIII of 1977), for the purposes hereinafter appearing; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975 and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 560,
"lower_text": [],
"name": "The Financial Institutions Laws Amendment Ordinance, 1977",
"num_of_sections": 3,
"published_date": "30th December, 1977",
"related_act": [
560
],
"repelled": false,
"sections": [
{
"act_id": 560,
"details": "1. This Ordinance may be called the Financial Institutions Laws Amendment Ordinance, 1977.",
"name": "Short title",
"related_acts": "560",
"section_id": 1
},
{
"act_id": 560,
"details": "2. The laws mentioned in column I of the Schedule shall be amended in the manner indicated in column II thereof.",
"name": "Amendment of certain laws relating to Financial Institutions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 560,
"details": "3. Any appointment of a General Manager in the Sangstha, Bank or Corporation established by or under a law mentioned in column I of the Schedule made by the Government at any time before the promulgation of this Ordinance shall be deemed to have been made under the relevant provision of such law, as amended by this Ordinance, and every such appointment shall have effect accordingly.",
"name": "Savings",
"related_acts": "",
"section_id": 3
}
],
"text": "An Ordinance to amend certain laws relating to financial institutions. WHEREAS it is expedient to amend certain laws relating to financial institutions for the purposes hereinafter appearing; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 561,
"lower_text": [
"1 The words and comma “Sericulture Research and Training Institute,” were omitted by section 2 of the Bangladesh Sericulture Board (Amendment) Act, 2003 (Act No. XXIV of 2003)"
],
"name": "The Bangladesh Sericulture Board Ordinance, 1977",
"num_of_sections": 22,
"published_date": "30th December, 1977",
"related_act": [
561,
442,
274
],
"repelled": true,
"sections": [
{
"act_id": 561,
"details": "1. This Ordinance may be called the Bangladesh Sericulture Board Ordinance, 1977.",
"name": "Short title",
"related_acts": "561",
"section_id": 1
},
{
"act_id": 561,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Bangladesh Sericulture Board established under section 3; (b)\t“Chairman” means the Chairman of the Board appointed under section 6; (c)\t“filature raw silk” means raw silk reeled from silkworm cocoons with the help of any instrument worked by any form of energy, including electrical energy, which is mechanically transmitted and is not generated by human or animal agency; (d)\t“member” means a member of the Board and includes the Chairman; (e)\t“prescribed” means prescribed by rules or regulations made under this Ordinance; (f)\t“regulations” means regulations made under section 21; (g)\t“rules” means rules made under section 20; (h) “spun silk” means silk yarn spun from pierced or spoilt cocoons, Eri cocoons, pieces of silk, noils or other silk waste.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 561,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish a Board to be called the Bangladesh Sericulture Board for carrying out the purposes of this Ordinance. (2) The Board 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 Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 561,
"details": "4. (1) The Head Office of the Board shall be at Rajshahi. (2) The Board may establish offices and branches at such places as it may think fit.",
"name": "Head Office, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 561,
"details": "5. The Board in discharging its functions shall be guided on questions of policy by such directions as may be given to it, from time to time, by the Government.",
"name": "Management",
"related_acts": "",
"section_id": 5
},
{
"act_id": 561,
"details": "6. (1) The Board shall consist of the following members, namely:- Full-time members- (a)\ta Chairman to be appointed by the Government; (b)\tnot more than three persons to be appointed by the Government; Part-time members- (c)\tthe Registrar of Co-operative Societies, ex-officio; (d)\tthe Director of Textiles, ex-officio; (e)\tfour persons to be nominated by the Government, one each from amongst the silkworm rearers, silk reelers, silk weavers and silk dealers; and (f)\tone person to be nominated by the Government in the Ministry of Finance from amongst the officials of the banks and other financial institutions. (2) The members other than the ex-officio members shall hold office for a period of three years from the date of their appointment or, as the case may be, nomination. (3) The full-time members shall be appointed on such terms and conditions as the Government may determine. (4) The members other than the ex-officio members 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. (5) The Chairman shall be the Chief Executive of the Board. (6) The Chairman and the other full-time members shall perform such functions as may be assigned to them, from time to time, by the Board or as may be prescribed. (7) No act or proceedings 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.",
"name": "The Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 561,
"details": "7. (1) No person shall be, or shall continue to be, a member who- (a)\tis, or at any time has been, disqualified for employment in, or dismissed from, Government Service; or (b)\tis, or at any time has been, convicted of an offence involving moral turpitude; or (c)\tis, or at any time has been, adjudicated insolvent; or (d)\tstands declared by a competent Court to be of unsound mind; or (e)\tis a minor; or (f) \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: Provided that this clause shall not apply in the case of the ex-officio members. (2) Notwithstanding anything contained in sub-section (2) of section 6, the Government may, by order in writing remove any member if he- (a)\trefuses or fails to discharge, or becomes, in the opinion of the Government, incapable of discharging, his responsibilities under this Ordinance; or (b)\thas, in the opinion of the Government, abused his position as member; or (c)\thas knowingly acquired, or continued to hold, without the permission in writing of the Government, directly or indirectly or through a partner, any share or interest in any contract or employment with, or by or on behalf of, the Board.",
"name": "Disqualifications and removal of members",
"related_acts": "",
"section_id": 7
},
{
"act_id": 561,
"details": "8. The functions of the Board shall be- (a)\tto plan and develop sericulture and silk industry; (b)\tto undertake, assist or encourage scientific, technological and economic research and training in sericulture; (c)\tto devise means for improved methods of mulberry cultivation, castor cultivation and other related plants; (d) \tto rear, develop and distribute healthy silkworm seeds; (e)\tto reel silkworm cocoons and to improve the quality and production of raw silk, if necessary, by making it compulsory for all raw silk to be marketed only after the same has been tested and graded in properly equipped raw silk conditioning houses; (f)\tto provide technical advice to the persons engaged in charkha reeling and filature; (g)\tto improve the quality of raw silk and silk products; (h)\tto collect and collate statistics on sericulture and sericulture industry; (i)\tto make arrangements for credit facilities for sericulturists; (j)\tto make arrangements for supply to silk reelers, weavers and printers of necessary raw materials including dyes, chemicals, spares and accessories as required for sericulture and silk industry at fair price; (k)\tto make arrangements for marketing of sericulture and silk products and publicity for their popularisation both at home and abroad; (l)\tto render promotional and extension facilities for standardisation of silk products for export and to provide for training facilities to silk rearers, reelers, spinners, weavers and printers; (m)\tto prepare, implement and operate common facilities schemes for the persons engaged in sericulture and sericulture industry; (n)\tto take steps for establishment of spun silk mills; (o)\tto collect cess; (p)\tto do such acts and things as may be necessary or convenient to be done in connection with, or incidental or conductive to, the performance of the aforesaid functions.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 561,
"details": "9. (1) Save as hereinafter provided, the meetings of the Board shall be conducted in accordance with such procedure as may be prescribed by regulations and, until such regulations are made, in such manner as the Chairman may direct. (2) The meetings of the Board shall be held on such dates and at such times and place as may be determined by the Chairman: Provided that at least one meeting of the Board shall be held every month. (3) To constitute a quorum at a meeting of the Board, not less than three members, including the Chairman, shall be present. (4) All meetings of the Board shall be presided over by the Chairman and, in his absence, by any other member authorised in writing in this behalf by the Chairman. (5) All questions at a meeting of the Board 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: Provided that if any decision taken by a majority of the members present and voting appears, in the opinion of the Chairman to be inconsistent with the Government policy in the matter, the Chairman shall refer it to the Government whose decision in the matter shall be final.",
"name": "Meeting of the Board",
"related_acts": "",
"section_id": 9
},
{
"act_id": 561,
"details": "10. (1) There shall be a fund of the Board to which shall be credited- (a) \tgrants and loans from the Government; (b) \tloans raised in Bangladesh; (c)\taids and grants received from foreign countries or organisations with the prior approval of the Government; (d) \tincome from investments and properties; and (e) \tcess collected under this Ordinance. (2) The fund of the Board shall be utilised by the Board to meet the charges in connection with the functions under this Ordinance and all payments of the Board shall be made out of that fund. (3) The fund of the Board shall be kept in such bank or banks as may be approved by the Board. (4) The Board may invest its funds in such securities as may be authorised by the Government.",
"name": "Fund of the Board, etc.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 561,
"details": "11. The Board may, with the previous approval of the Government, borrow money in Bangladesh.",
"name": "Power to borrow",
"related_acts": "",
"section_id": 11
},
{
"act_id": 561,
"details": "12. (1) With effect from such date as the Government may, by notification in the official Gazette, appoint, there shall be levied and collected a cess, for the purposes of this Ordinance, on all filature raw silk and spun silk at such rate or rates as the Government may from time to time, by notification in the official Gazette, fix. (2) The cess shall be payable by the reelers of filature raw silk and spun silk and shall be paid by them to the Board within one month from the date of the receipt of the notice of demand from the Board in that behalf. (3) The cess shall be recoverable as an arrear of land revenue. (4) For the purposes of assessing the amount of the cess payable under this section,- (a) \tthe Board shall, by notification in the official Gazette, fix the period in respect of which assessments shall be made, and (b)\tevery person liable to pay cess shall furnish to the Board, within such time as may be prescribed by regulations, a return specifying the total quantity of filature raw silk or spun silk reeled during such period. (5) If any assessee fails to furnish the return under clause (b) of sub-section (4) within the prescribed time, or furnishes a return which the Board has reason to believe to be incorrect or defective, the Board may assess the amount payable by such assessee in such manner as may be prescribed by regulations. (6) Any assessee feeling himself aggrieved by an assessment made under this section may, within three months of the receipt of the notice under sub-section (2), apply to the Government for the cancellation or modification of the assessment, and the Government shall, after giving the Board and the assessee an opportunity of being heard, pass such order as it thinks proper, and such order shall be final. (7) The proceeds of the cess after deducting the cost of collection, if any, shall be credited to the fund of the Board and shall be applied by the Board for meeting the expenses of measures taken in the performance of its functions and for contributing towards a contributory provident fund constituted and maintained in such manner as may be prescribed by regulations for the benefit of the employees of the Board.",
"name": "Imposition of cess",
"related_acts": "",
"section_id": 12
},
{
"act_id": 561,
"details": "13. The Board shall, by such date in each year as may be fixed by the Government, submit to the Government for approval a statement to be called the annual budget statement in such form as the Government may specify for the next succeeding financial year showing the estimated receipts and expenditure and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 13
},
{
"act_id": 561,
"details": "14. (1) The Board shall maintain proper accounts and other relevant records, and prepare annual statement of accounts in accordance with such general directions as may be issued, and in such form as may be specified, by the Government in consultation with the Comptroller and Auditor-General, hereinafter referred to as the Auditor-General. (2) The accounts of the Board 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 on such remuneration as the Government may think fit, and such remuneration shall be paid by the Board. (3) Notwithstanding anything contained in sub-section (2), the Auditor-General may, at any time, either on his own motion or upon a request made in this behalf by the Government, undertake such audit of the accounts of the Board as may be considered necessary, and the Board shall, at the time of such audit, produce the books of accounts and connected documents at such place or places 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 and other accounts of the Board 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 Board, and shall, at all reasonable times, have access to the books of accounts and other documents of the Board, and may, in relation to such accounts, examine any member or officer of the Board. (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 Board 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 Board shall comply with any direction issued by the Government for the rectification of matters objected to in the audit report.",
"name": "Account and audit",
"related_acts": "442",
"section_id": 14
},
{
"act_id": 561,
"details": "15. (1) The Board 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 comments, if any, of the Board thereon and an annual report on the conduct of its affairs during that year. (2) The Board shall furnish to the Government such other statements, returns and reports as the Government may, from time to time, require.",
"name": "Statement of accounts, etc.",
"related_acts": "",
"section_id": 15
},
{
"act_id": 561,
"details": "16. The Board may, on such terms and conditions as may be prescribed by regulations, appoint such officers and other employees as it considers necessary for the efficient performance of its functions: Provided that no post shall be created by the Board without the previous approval of the Government.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 16
},
{
"act_id": 561,
"details": "17. (1) The Board may delegate to the Chairman or any member or officer, any of its powers under this Ordinance or the rules or regulations made thereunder. (2) The Chairman may likewise delegate to any member or officer any of his powers under this Ordinance 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": 17
},
{
"act_id": 561,
"details": "18. No provisions of law relating to the winding up of companies shall apply to the Board and the Board shall not be wound up save by the order of the Government and in such manner as it may direct.",
"name": "Winding up of the Board",
"related_acts": "",
"section_id": 18
},
{
"act_id": 561,
"details": "19. No suit, prosecution or other legal proceedings shall lie against the Board or any member, officer or other employee of the Board for anything which is, in good faith, done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 19
},
{
"act_id": 561,
"details": "20. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 20
},
{
"act_id": 561,
"details": "21. (1) The Board may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance 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 Ordinance. (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": 561,
"details": "22. Notwithstanding anything contained in any other law for the time being in force or in any contract or agreement or in any other instrument, upon the establishment of the Board,- (a)\tthe 1* * * Sericulture Extension Programme, and all sericulture nurseries and silk factories, hereinafter referred to as the said sericulture establishments, of the Small and Cottage Industries Corporation established under the Bangladesh Small and Cottage Industries Corporation Act, 1957 (E.P. Act XVII of 1957), shall stand transferred to, and vested in, the Board; (b)\tall assets, rights, powers, authorities and privileges and all properties, movable and immovable, funds, cash and bank balances and grants of the said sericulture establishments and all other interests and rights in, or arising out of, such properties and all books of accounts, registers, records and other documents of whatever nature relating thereto, shall stand transferred to, and vested in, the Board; (c)\tall debts, liabilities and obligations of whatever kind of the said sericulture establishments subsisting immediately before its transfer shall be the debts, liabilities and obligations of the Board; (d)\tservices of all officers and employees of the said sericulture establishments shall, notwithstanding anything contained in any contract or agreement or in the terms and conditions of service, stand transferred to the Board and they shall be deemed to be officers and employees of the Board appointed by it on the same terms and conditions of service as were applicable to them before their transfer unless such terms and conditions are altered, not being to their disadvantage, by the Board; (e)\tall suits and other proceedings instituted by or against the said sericulture establishments before their transfer shall be deemed to have been instituted by or against the Board.",
"name": "Transfer of Sericulture establishments, etc.",
"related_acts": "274",
"section_id": 22
}
],
"text": "An Ordinance to make provision for the establishment of the Bangladesh Sericulture Board. WHEREAS it is expedient to make provision for the establishment of the Bangladesh Sericulture Board for the welfare of persons engaged in sericulture and sericulture industry and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :-"
} |
{
"id": 562,
"lower_text": [
"1 Clause (dd) was inserted by section 2 of the Bangladesh Handloom Board (Amendment) Ordinance, 1978 (Ordinance No. XXVI of 1978)",
"2 The word “and” was omitted and thereafter clause (ff) was inserted by section 2 of the Bangladesh Handloom Board (Amendment) Ordinance, 1978 (Ordinance No.XXVI of 1978)",
"3 The words “weavers’ societies” were substituted for the words “weavers’ co-operative societies” by section 2 of the Bangladesh Handloom Board (Amendment) Act, 1990 (Act No. LII of 1990)",
"4 The words “weavers’ societies” were substituted for the words “weavers’ co-operative societies” by section 2 of the Bangladesh Handloom Board (Amendment) Act, 1990 (Act No. LII of 1990)",
"5 The words “weavers’ societies” were substituted for the words “weavers’ co-operative societies” by section 2 of the Bangladesh Handloom Board (Amendment) Act, 1990 (Act No. LII of 1990)",
"6 The words “weavers’ societies” were substituted for the words “weavers’ co-operatives” by section 2 of the Bangladesh Handloom Board (Amendment) Act, 1990 (Act No. LII of 1990)",
"7 The words “weavers’ societies” were substituted for the words “weavers’ co-operatives” by section 2 of the Bangladesh Handloom Board (Amendment) Act, 1990 (Act No. LII of 1990)",
"8 Section 8A was inserted by section 3 of the Bangladesh Handloom Board (Amendment) Act, 1990 (Act No. LII of 1990)"
],
"name": "The Bangladesh Handloom Board Ordinance, 1977",
"num_of_sections": 27,
"published_date": "31st December, 1977",
"related_act": [
562,
274
],
"repelled": true,
"sections": [
{
"act_id": 562,
"details": "1. This Ordinance may be called the Bangladesh Handloom Board Ordinance, 1977.",
"name": "Short title",
"related_acts": "562",
"section_id": 1
},
{
"act_id": 562,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Board” means the Bangladesh Handloom Board established under section 3; (b)\t“Chairman” means the Chairman of the Board; (c)\t“handloom” means a weaving device operated manually for production of fabrics other than 100% silk or artsilk and includes the following types of looms falling outside the scope of the Factories Act, 1965 (E.P. Act IV of 1965), namely:- (i)\tshuttle pit loom including carpet loom and tape loom; (ii)\tfly shuttle pit loom; (iii)\tfly shuttle frame loom; (iv)\tsemi-automatic or Chittaranjan loom; (v)\tHattersley's loom; (vi)\tspecial type looms used by tribal people; (vii)\t“cottage loom”, that is, power looms up to three units located in household and driven by power; (viii) \tany other loom which is operated in the household for production of heavy or light fabrics; (d)\t“member” means a member of the Board and includes the Chairman; (e)\t“prescribed” means prescribed by rules made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 562,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish a Board to be called the Bangladesh Handloom Board for carrying out the purposes of this Ordinance. (2) The Board 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 Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 562,
"details": "4. (1) The Head Office of the Board shall be at Dacca. (2) The Board may establish as many branches at such other places as it thinks fit.",
"name": "Head Office",
"related_acts": "",
"section_id": 4
},
{
"act_id": 562,
"details": "5. The Board shall act on commercial consideration having due regard to the public interest and shall, in discharging its functions, be guided on question of policy by such directions as may be given to it by the Government from time to time.",
"name": "Management",
"related_acts": "",
"section_id": 5
},
{
"act_id": 562,
"details": "6. (1) The Board shall consist of the following members, namely:- Full-time members (a)\ta Chairman to be appointed by the Government; (b)\tnot more than four persons to be appointed by the Government; Part-time members (c) \tthe Registrar, Co-operative Societies, ex-officio; (d) \tthe Director of Textiles, ex-officio; 1(dd) \tthe Chairman, Bangladesh Sericulture Board, ex-officio; (e)\tthe Chairman, Bangladesh Jatiya Samabay Shilpa Samity Limited, ex-officio; (f)\ta representative of the Bangladesh Textile Mills Corporation of the rank of a Director to be nominated by that Corporation; 2 * * * (ff)\trepresentatives from amongst the weavers in Bangladesh, not exceeding two in number, to be nominated by the Government; and (g)\tone person to be nominated by the Government in the Ministry of Finance from amongst the officials of the banks and other financial institutions engaged in rural banking. (2) The members other than the ex-officio members shall hold office for a period of three years from the date of their appointment or, as the case may be, nomination. (3) The full-time members shall be appointed on such terms and conditions as the Government may determine. (4) A member other than an ex-officio member 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. (5) The Chairman shall be the Chief Executive of the Board. (6) The Chairman and the other full-time members shall perform such functions as may be assigned to them, from time to time, by the Board or as may be prescribed. (7) No act or proceedings 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.",
"name": "Composition of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 562,
"details": "7. (1) No person shall be or shall continue to be a member who- (a)\tis, or at any time has been, disqualified for employment in, or dismissed from, Government service; or (b)\tis, or at any time has been, convicted of an offence involving moral turpitude; or (c)\tis, or at any time has been, adjudicated insolvent; or (d)\tstands declared by a competent court to be of unsound mind; or (e)\tis a minor; or (f)\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: Provided that this clause shall not apply in the case of the ex-officio members. (2) Notwithstanding anything contained in sub-section (2) of section 6, the Government may, by order in writing, remove any other member if he- (a)\trefuses or fails to discharge, or becomes, in the opinion of the Government, incapable of discharging, his responsibilities under this Ordinance; or (b)\thas, in the opinion of the Government, abused his position as member; or (c)\thas knowingly acquired, or continued to hold, without the permission in writing of the Government, directly or indirectly or through a partner, any share or interest in any contract or employment with, or by or on behalf of, the Board.",
"name": "Disqualifications and removal of members",
"related_acts": "",
"section_id": 7
},
{
"act_id": 562,
"details": "8. The functions of the Board shall be- (a)\tto undertake survey, census and planning for rational growth of handloom industry; (b)\tto maintain statistics relating to handloom industry; (c)\tto conduct enquiries and investigations relating to handloom industry; (d)\tto promote handloom industry primarily with the help of the primary, secondary and apex 3weavers' societies; (e)\tto render promotional and advisory services to units of handloom industry; (f)\tto arrange credit facilities for handloom industry; (g)\tto make arrangement for supply of yarn to the weavers at reasonable price primarily through 4weavers' societies; (h)\tto make arrangement for supply of consumables like dyes, chemicals, spares and accessories to the weavers primarily through 5weavers' societies; (i) \tto make arrangement for marketing at home and abroad primarily through 6weavers' societies of articles manufactured by handloom industry; (j) \tto undertake and organise publicity and propaganda for the popularisation of handloom products both at home and abroad; (k) \tto make arrangement for maintenance of depots primarily through 7weavers' societies for the supply of raw materials to, and purchase of finished products from, handloom industries and also for maintenance of common facilities for design, yarn preparation, bleaching, dyeing, calendaring, printing and finishing; (l)\tto render promotional and extension facilities for standardisation for domestic and export sales of handloom products and grant certificate of quality and of the country of origin; (m)\tto provide training facilities and promote research; (n)\tto prepare and implement common facility schemes; (o)\tto collect fees; (p)\tto float subsidiary companies; and (q)\tto do such other acts and things as may be necessary or conducive to be done for the smooth operation and rational growth of handloom industry.",
"name": "Functions of the Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 562,
"details": "88A. Notwithstanding anything contained in any other law for the time being in force, any primary, secondary or apex weavers' society as mentioned in section 8 shall be formed, registered, inspected and controlled in such manner as may be prescribed.",
"name": "Registration etc. of weavers’ societies",
"related_acts": "",
"section_id": 9
},
{
"act_id": 562,
"details": "9. (1) Save as hereinafter provided, the meetings of the Board shall be conducted in accordance with such procedure as may be prescribed by regulations and, until such regulations are made, in such manner as the Chairman may direct. (2) The meetings of the Board shall be held on such dates and at such times and places as may be determined by the Chairman: Provided that at least one meeting of the Board shall be held every month. (3) To constitute a quorum at a meeting of the Board not less than four members shall be present. (4) All meetings of the Board shall be presided over by the Chairman and, in his absence, by any other member authorised in writing in this behalf by the Chairman. (5) All questions at a meeting of the Board 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: Provided that if any decision on any matter taken by a majority of the members present and voting appears, in the opinion of the Chairman, to be inconsistent with the Government policy in the matter, the Chairman shall refer it to the Government whose decision in the matter shall be final.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 10
},
{
"act_id": 562,
"details": "10. (1) There shall be a fund of the Board to which shall be credited- (a)\tthe grants and loans received from the Government; (b) \tloans raised in Bangladesh; (c)\taids and grants received from foreign countries or organisations with the prior approval of the Government; (d) \tincome from investments and properties; and (e) \tfees, if any, collected by the Board. (2) The fund of the Board shall be utilised by the Board to meet charges in connection with its functions under this Ordinance and all payments of the Board shall be made out of that Fund. (3) The fund of the Board shall be kept in such bank or banks as may be approved by the Board.",
"name": "Fund of the Board",
"related_acts": "",
"section_id": 11
},
{
"act_id": 562,
"details": "11. The Board may, with the prior approval of the Government, borrow money for carrying out the purposes of this Ordinance and for servicing any loan obtained by it.",
"name": "Power to borrow",
"related_acts": "",
"section_id": 12
},
{
"act_id": 562,
"details": "12. The Board shall, by such date before the commencement of any financial year as the Government may direct, 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 and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 13
},
{
"act_id": 562,
"details": "13. Any surplus money remaining after payment of all taxes and other dues shall be credited to a fund to be called the Surplus Fund and shall be utilised for such purpose and in such manner as the Government may direct.",
"name": "Surplus Funds",
"related_acts": "",
"section_id": 14
},
{
"act_id": 562,
"details": "14. The Board shall maintain in accounts in such manner and form as the Government may direct.",
"name": "Accounts of the Board",
"related_acts": "",
"section_id": 15
},
{
"act_id": 562,
"details": "15. (1) The accounts of the Board shall be audited by the Comptroller and Auditor-General of Bangladesh (hereinafter referred to as the Auditor-General) in such manner as he deems fit. (2) For the purpose of 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 Board and may examine the Chairman, any member or any officer or other employee of the Board. (3) The Auditor-General shall submit his audit report to the Government and shall forward a copy thereof to the Board.",
"name": "Audit",
"related_acts": "",
"section_id": 16
},
{
"act_id": 562,
"details": "16. (1) The Board shall furnish to the Government such reports and statements as the Government may, from time to time, require. (2) The Board shall, as soon as possible after the end of every financial year, furnish to the Government a statement of audited accounts together with annual report on the conduct of its affairs during that year.",
"name": "Reports, etc.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 562,
"details": "17. The Board 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 deem fit: Provided that no post shall be created by the Board without the previous approval of the Government.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 562,
"details": "18. All officers and employees of the Board shall, before entering upon their duties, make a declaration of fidelity and secrecy in such form as may be prescribed.",
"name": "Declaration of fidelity and secrecy",
"related_acts": "",
"section_id": 19
},
{
"act_id": 562,
"details": "19. No suit, prosecution or other legal proceedings shall lie against the Chairman, any member or any officer, consultant or employee of the Board for anything which is in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 20
},
{
"act_id": 562,
"details": "20. Without prejudice to the right of the Board to recover its dues in any other manner, all sums due to the Board shall be recoverable as an arrear of land revenue.",
"name": "Recovery of dues",
"related_acts": "",
"section_id": 21
},
{
"act_id": 562,
"details": "21. (1) The Board may delegate to the Chairman any of its powers under this Ordinance or the rules or regulations made thereunder. (2) The Chairman may likewise delegate to any member or officer any of his powers under this Ordinance 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": 22
},
{
"act_id": 562,
"details": "22. No provisions of law relating to the winding up of bodies corporate shall apply to the Board, and the Board 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": 562,
"details": "23. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 24
},
{
"act_id": 562,
"details": "24. (1) The Board may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance 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 Ordinance. (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": 25
},
{
"act_id": 562,
"details": "25. Notwithstanding anything contained in any other law for the time being in force or in any contract, deed or agreement or in any other instrument, upon the establishment of the Board all functions relating to handloom and handloom manufacture of the Bangladesh Handloom Goods Export Corporation Limited, a company under the Companies Act, 1913 (VII of 1913), shall stand transferred to the Board and all shares of the Bangladesh Jatiya Samabaya Shilpa Samiti Ltd. in the said Corporation held by the shareholders of the said Shilpa Samiti shall, on payment by the Board of the par value of the shares allotted to and paid by such shareholders, stand transferred to, and vest in, the Board.",
"name": "Transfer of functions, etc.",
"related_acts": "",
"section_id": 26
},
{
"act_id": 562,
"details": "26. Notwithstanding anything contained in any other law for the time being in force or in any contract or agreement or in any other instrument, upon the establishment of the Board- (a)\tall textile facility centres, hereinafter referred to as the said facility centres, existing immediately before the establishment of the Board and administered by the Bangladesh Small and Cottage Industries Corporation established under section 3 of the Bangladesh Small and Cottage Industries Corporation Act, 1957 (E.P. Act XVII of 1957), or, as the case may be, by any other Government agency shall, along with all their assets, liabilities and obligations, including all rights, powers, authorities and privileges and all properties, movable and immovable, funds, cash and bank balances, grants and all other interests and rights in, or arising out of, such properties and books and accounts, registers, records and all other documents of whatever nature relating thereto, stand transferred to, and vested in, the Board; and (b)\tservices of such officers and other employees of the said facility centres as the Government may direct, shall notwithstanding anything contained in any contract or agreement or in the terms and conditions of service, stand transferred to the Board and they shall be deemed to be officers and other employees of the Board appointed by it on the same terms and conditions of service as were applicable to them before their transfer unless such terms and conditions are altered, not being to their disadvantage, by the Board; and (c)\tall suits and other proceedings instituted by or against the said facility centres before their transfer shall be deemed to have been instituted by or against the Board.",
"name": "Transfer of textile facility cetnres to the Board",
"related_acts": "274",
"section_id": 27
}
],
"text": "An Ordinance to make provision for the establishment of the Bangladesh Handloom Board. WHEREAS it is expedient to make provision for the establishment of the Bangladesh Handloom Board for the development of handloom industry and welfare of persons engaged in handloom industry and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance :-"
} |
{
"id": 563,
"lower_text": [],
"name": "The Government Servants (Review of Penalties) (Dissolution of Review Board) Ordinance, 1978",
"num_of_sections": 3,
"published_date": "19th January, 1978",
"related_act": [
563,
503
],
"repelled": false,
"sections": [
{
"act_id": 563,
"details": "1. This Ordinance may be called the Government Servants (Review of Penalties) (Dissolution of Review Board) Ordinance, 1978.",
"name": "Short title",
"related_acts": "563",
"section_id": 1
},
{
"act_id": 563,
"details": "2. (1) The Review Board provided for in section 3A of the Government Servants (Review of Penalties) Ordinance, 1975 (XLVIII of 1975), hereinafter referred to as the Review Board, is hereby dissolved. (2) Upon the dissolution of the Review Board under sub-section (1),- (a)\tall such applications pending before the Review Board immediately before such dissolution as are not subject to transfer to any Review Committee constituted under the aforesaid Ordinance shall stand transferred to the Establishment Division for disposal; and (b)\tthe Establishment Division shall, for the purpose of disposal of such applications, follow, so far as may be, the same procedure as were applicable to the Review Board in respect of such applications.",
"name": "Dissolution of the Review Board, etc.",
"related_acts": "503",
"section_id": 2
},
{
"act_id": 563,
"details": "3. The Government Servants (Review of Penalties) Ordinance, 1975 (XLVIII of 1975), shall have effect subject to this Ordinance.",
"name": "Ord. XLVIII of 1975 to be subject to this Ordinance",
"related_acts": "503",
"section_id": 3
}
],
"text": "An Ordinance to dissolve the Review Board provided for in the Government Servants (Review of Penalties) Ordinance, 1975. WHEREAS it is expedient to dissolve the Review Board provided for in the Government Servants (Review of Penalties) Ordinance, 1975 (XLVIII of 1975), and to provide for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 564,
"lower_text": [],
"name": "The Prevention of Malaria (Special Provisions) Ordinance, 1978",
"num_of_sections": 5,
"published_date": "9th February, 1978",
"related_act": [
564
],
"repelled": true,
"sections": [
{
"act_id": 564,
"details": "1. This Ordinance may be called the Prevention of Malaria (Special Provisions) Ordinance, 1978.",
"name": "Short title",
"related_acts": "564",
"section_id": 1
},
{
"act_id": 564,
"details": "2. (1) For the purpose of prevention of malaria, the Government or any person authorised by it in this behalf may,- (a) formulate schemes and adopt co-ordinated measures for prevention of malaria; (b) lay down the policy in accordance with which the Directorate of Health Services shall execute any such schemes or measures; (c) evaluate and assess the execution of the schemes and measures; and (d) have overall responsibility for the success of any such schemes or measures. (2) A scheme or measure formulated or adopted under sub-section (1) may relate to- (a) \tthe spraying of buildings and other premises with insecticides; (b) \tthe survey of the country; (c) \tthe medical examination of the people; (d)\tthe treatment of persons suffering or suspected to be suffering from malaria; (e)\tthe delimitation of malarious areas and the areas free from malaria and measures to prevent appearance or re-appearance of malaria in the latter areas; and (f)\tsuch other measures considered necessary for carrying out the purposes of this Ordinance.",
"name": "Formulation of measures, etc.",
"related_acts": "",
"section_id": 2
},
{
"act_id": 564,
"details": "3. (1) The Government or any person authorised by it in this behalf may, by order,- (a)\trequire any person to undergo medical examination and treatment; (b)\trequire every person having knowledge or information of any case of malaria or suspected malaria to report the case to any specified authority; (c)\trequire every person coming from a malarious area and entering into a malaria-free area to report for examination at the nearest malaria detection post on arrival at the destination; (d)\trequire any employer in the district of Chittagong Hill Tracts to furnish to the nearest malaria detection post particulars of his employees coming from any other district so that necessary measures for their protection against malaria may be adopted; (e)\tprohibit from washing, white-washing, plastering, painting or applying any other surface treatment with respect to any building or other premises sprayed with insecticide during a period of five months from such spraying; and (f)\tprohibit doing of anything with respect to any engineering, agricultural and industrial projects which may increase the extent and spread of malaria. (2) Any person authorised in this behalf by the Government may apply insecticide, collect mosquitoes, check insecticide deposits, take blood films and do such other acts as are considered necessary to control or prevent malaria or to collect information relating to malaria and for any such purpose enter into any premises.",
"name": "Power to require and prohibit doing of certain things",
"related_acts": "",
"section_id": 3
},
{
"act_id": 564,
"details": "4. Whoever contravenes an order under sub-section (1) or obstructs or resists any person acting under sub section (2) of section 3 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": "Penalty",
"related_acts": "",
"section_id": 4
},
{
"act_id": 564,
"details": "5. No suit, prosecution or other legal proceeding shall lie against any person for anything which is, in good faith, done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 5
}
],
"text": "An Ordinance to make provision for the prevention of malaria and for matters connected therewith. WHEREAS it is expedient to make provision for the prevention of malaria and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 565,
"lower_text": [
"1 Clauses (a) and (aa) were substituted for clause (a) by section 2 of the Bangladesh Council of Scientific and Industrial Research (Amendment) Ordinance, 1984 (Ordinance No. LII of 1984)",
"2 Clause (e) was omitted by section 2 of the Bangladesh Council of Scientific and Industrial Research (Amendment) Ordinance, 1984 (Ordinance No. LII of 1984)",
"3 The word “initiate” was substituted for the word “initial” by section 3 of the Bangladesh Council of Scientific and Industrial Research (Amendment) Ordinance, 1984 (Ordinance No. LII of 1984)",
"4 The words “the provisions of sub-section (2) and” were inserted by section 4 of the Bangladesh Council of Scientific and Industrial Research (Amendment) Ordinance, 1984 (Ordinance No. LII of 1984)",
"5 Sub-section (2) was substituted by section 4 of the Bangladesh Council of Scientific and Industrial Research (Amendment) Ordinance, 1984 (Ordinance No. LII of 1984)",
"6 The word “four” was substituted for the word “three” by section 5 of the Bangladesh Council of Scientific and Industrial Research (Amendment) Ordinance, 1984 (Ordinance No. LII of 1984)",
"7 The word and comma “Administration,” were inserted by section 5 of the Bangladesh Council of Scientific and Industrial Research (Amendment) Ordinance, 1984 (Ordinance No. LII of 1984)",
"8 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 5 of the Bangladesh Council of Scientific and Industrial Research (Amendment) Ordinance, 1984 (Ordinance No. LII of 1984)",
"9 The words and commas “and shall, subject to such general or special direction as may be given to him by the Government, be responsible for the efficient administration and proper conduct of the affairs of the Council” were added by section 6 of the Bangladesh Council of Scientific and Industrial Research (Amendment) Ordinance, 1984 (Ordinance No. LII of 1984)",
"10 Sub-section (1) was substituted by section 7 of the Bangladesh Council of Scientific and Industrial Research (Amendment) Ordinance, 1984 (Ordinance No. LII of 1984)",
"11 The words “who shall be appointed by the Government on such terms and conditions as may be determined by the Government” were added by section 8 of the Bangladesh Council of Scientific and Industrial Research (Amendment) Ordinance, 1984 (Ordinance No. LII of 1984)",
"12 The words “an Advisory Committee” were substituted for the words “a local committee to be constituted by the Board in such manner as may be prescribed by regulations” by section 8 of the Bangladesh Council of Scientific and Industrial Research (Amendment) Ordinance, 1984 (Ordinance No. LII of 1984)",
"13 Clause (a) was substituted by section 9 of the Bangladesh Council of Scientific and Industrial Research (Amendment) Ordinance, 1984 (Ordinance No. LII of 1984)",
"14 Section 15 was substituted by section 10 of the Bangladesh Council of Scientific and Industrial Research (Amendment) Ordinance, 1984 (Ordinance No. LII of 1984)",
"15 The words “an Advisory Committee” were substituted for the words “a local committee” by section 11 of the Bangladesh Council of Scientific and Industrial Research (Amendment) Ordinance, 1984 (Ordinance No. LII of 1984)"
],
"name": "The Bangladesh Council of Scientific and Industrial Research Ordinance, 1978",
"num_of_sections": 29,
"published_date": "10th February, 1978",
"related_act": [
565
],
"repelled": true,
"sections": [
{
"act_id": 565,
"details": "1. This Ordinance may be called the Bangladesh Council of Scientific and Industrial Research Ordinance, 1978.",
"name": "Short title",
"related_acts": "565",
"section_id": 1
},
{
"act_id": 565,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- 1(a) \t“Advisory Committee” means an Advisory Committee constituted under section 15; (aa)\t“Advisory Council” means the Advisory Council constituted under section 13; (b)\t“Board” means the Board of the Council constituted under section 7; (c)\t“Chairman” means the Chairman of the Council; (d)\t“Council” means the Bangladesh Council of Scientific and Industrial Research established under section 3; 2 * * * (f)\t“member” means a member of the Council and includes the Chairman; (g)\t“prescribed” means prescribed by rules or regulations made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 565,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, establish a Council to be called the Bangladesh Council of Scientific and Industrial Research. (2) The Council shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment of the Council",
"related_acts": "",
"section_id": 3
},
{
"act_id": 565,
"details": "4. (1) The head office of the Council shall be at Dacca. (2) The Council may establish branch offices, laboratories, institutes, centres and research establishments at such other places in Bangladesh as the Board may think fit.",
"name": "Head Office, etc.",
"related_acts": "",
"section_id": 4
},
{
"act_id": 565,
"details": "5. The functions of the Council shall be- (a)\tto 3initiate, promote and guide scientific, industrial and technological research having a bearing on problems connected with the establishment and development of industries and such other allied matters as the Government may refer to it; (b)\tto establish, maintain and develop laboratories, workshops, institutes, centres and organisations for furtherance of scientific and industrial research with the object of utilising and exploiting the economic resources of the country in the best possible manner; (c)\tto give grants-in-aid for specific scientific, industrial and technological research schemes and projects of the Universities as by law established and other research institutions; (d)\tto adopt measures for the commercial utilisation of discoveries and inventions resulting from the researches carried on by the Council, Universities or by any other research organisation; (e)\tto establish and award fellowships in areas of research covered by the Council; (f)\tto collect and disseminate information on scientific, industrial and technological matters and publish scientific papers, reports and periodicals on such matters; (g)\tto encourage establishment of industrial research organisations; (h)\tto maintain contact with scientific, industrial and technological research organisations of other countries; (i)\tto take out patents and make arrangement for the industrial utilisation of research processes developed in the institutes and laboratories established by the Council; (j)\tto establish such libraries, museums, experimental plantations and herbaria as the Board may consider appropriate; (k)\tto do such other acts and things as may be necessary for carrying out the purposes of this Ordinance.",
"name": "Functions of the Council",
"related_acts": "",
"section_id": 5
},
{
"act_id": 565,
"details": "6. (1) Subject to 4the provisions of sub-section (2) and the rules and regulations made under this Ordinance, the general direction and administration of the affairs and business of the Council shall vest in a Board which may exercise all powers and do all acts and things which may be exercised or done by the Council. 5(2) The Board shall be subject to the superintendence and control of the Government and, in the discharge of its functions, be guided on question of policy and administration of the affairs and business of the Council 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": 6
},
{
"act_id": 565,
"details": "7. (1) The Board shall consist of a whole-time Chairman, 6four whole-time members for the Science and Technology, 7Administration, Finance and Development Divisions of the Council and such number of part-time members, not exceeding four, as may be appointed by the Government. (2) The Chairman and other members shall be appointed by the Government on such terms and conditions as it may determine and shall, subject to the other provisions of this Ordinance, hold office for a period of three years and shall be eligible for re-appointment for such further period or periods of similar duration as the Government may determine. (3) The Chairman and other members, except the member in charge of Finance, shall be appointed from amongst persons actively engaged in the pursuit of science and technology and eminent in their own fields of specialisation 8: Provided that the condition specified in this sub-section may be relaxed in the case of appointment of part-time members. (4) The Chairman or any other member may, at any time, resign his office by a notice in writing addressed to the Government: Provided that his resignation shall not take effect until it has been accepted by the Government. (5) The Government may, at any time, terminate, by order in writing, the appointment of the Chairman or any other member without assigning any reason. (6) No act or proceedings 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.",
"name": "Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 565,
"details": "8. No person shall be appointed as, or continue to be, a member who- (a)\tis, or at any time has been, disqualified for employment in, or dismissed from, Government service; or(b)\tis, or at any time has been, convicted of an offence involving moral turpitude; or (c)\tis, or at any time has been, adjudicated insolvent; or (d)\tstands declared by a competent Court to be of unsound mind.",
"name": "Disqualifications of members",
"related_acts": "",
"section_id": 8
},
{
"act_id": 565,
"details": "9. (1) The Chairman shall be the chief executive of the Council 9and shall, subject to such general or special direction as may be given to him by the Government, be responsible for the efficient administration and proper conduct of the affairs of the Council. (2) The Chairman and other members shall exercise such powers as may be prescribed and perform such functions and discharge such duties as may be assigned to them by the Board from time to time.",
"name": "Functions of the Chairman and other members",
"related_acts": "",
"section_id": 9
},
{
"act_id": 565,
"details": "10. 10(1) There shall be a Secretary of the Council who shall be appointed by the Government on such terms and conditions as may be determined by the Government. (2) The Secretary shall exercise such powers and perform such functions as may be prescribed or assigned to him by the Board and the Chairman.",
"name": "Secretary",
"related_acts": "",
"section_id": 10
},
{
"act_id": 565,
"details": "11. (1) Each, or a group, of the laboratories, institutes, centres or research establishments of the Council, shall be placed in the charge of a Director 11who shall be appointed by the Government on such terms and conditions as may be determined by the Government. (2) A Director shall exercise such powers and perform such functions as may be prescribed by regulations or as may be assigned to him by the Board and the Chairman and shall, in discharging his responsibilities, be assisted by 12an Advisory Committee.",
"name": "Administration of laboratories, etc.",
"related_acts": "",
"section_id": 11
},
{
"act_id": 565,
"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 thinks fit. (2) Three members shall constitute a quorum at a meeting of the Board. (3) The meetings of the Board shall be presided over by the Chairman and, in the absence of the Chairman, by a member authorised by the Chairman in writing in that behalf or in default of such authorisation, by the person elected for the purpose by the members present from amongst themselves.(4) At a meeting of the Board each member shall have one vote, and in the event of equality of votes, the Chairman or, as the case may be, the person presiding over the meeting, shall have a second or casting vote. (5) At a meeting of the Board no member shall vote on any matter in which he has any personal interest directly or indirectly.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 12
},
{
"act_id": 565,
"details": "13. (1) As soon as may be, the Government shall, after the constitution of the Board, appoint, for the purpose of providing general guidelines to, and overseeing the activities of, the Council, an Advisory Council which shall consist of the following members, namely:- 13(a) the Minister in-charge of the Ministry or Division concerned with the administration of this Ordinance, who shall also be its President; (b) \tthe Chairman, who shall also be its Vice-President;(c) \tall other members of the Board; (d)\tone officer, not below the rank of Joint Secretary, from the Science and Technological Division to be nominated by the Government; (e)\tone officer, not below the rank of Joint Secretary, from the Ministry of Industries to be nominated by the Government; (f)\tone officer, not below the rank of Joint Secretary, from the Ministry of Commerce to be nominated by the Government; (g)\tone officer, not below the rank of Joint Secretary, from the Ministry of Finance to be nominated by the Government; (h)\tone officer, not below the rank of Divisional Chief, from the Planning Commission to be nominated by the Government; (i)\tone person from the University Grants Commission to be nominated by the Chairman of that Commission; (j)\tone person from the Federation of Chambers of Commerce and Industries to be nominated by the President of that Federation; (k)\tone person, not below the rank of Director, from each of such research institutions as the Government may decide to be nominated by the Chairman of such institution;(l)\ttwo eminent scientists or technologists to be nominated by the Government; and (m)\ttwo Directors of the Council to be nominated by the Chairman. (2) Such member of the Advisory Council as may be nominated by its President shall act as the Member-Secretary of the Advisory Council.",
"name": "Advisory Council",
"related_acts": "",
"section_id": 13
},
{
"act_id": 565,
"details": "14. (1) The Advisory Council shall meet as often as necessary, but at least once in a year. (2) The meetings of the Advisory Council shall be convened by its President. (3) To constitute a quorum at a meeting of the Advisory Council not less than five of its members shall be present.(4) The meetings of the Advisory Council shall be held in accordance with such procedure as may be prescribed by regulations and, until such regulations are made, in accordance with such procedure as may be determined by the Advisory Council.",
"name": "The meetings of the Advisory Council",
"related_acts": "",
"section_id": 14
},
{
"act_id": 565,
"details": "1415. (1) The Council may, in such manner as may be prescribed by regulations, constitute as many Advisory Committees as it may consider necessary to assist it, or any one or a group of laboratories, institutes, centres or research establishments under its administrative control, in the discharge of its or their functions and assign to each such Committee such duties as it may deem fit. (2) An Advisory Committee shall follow such procedure as may be prescribed by regulations.",
"name": "Advisory Committee",
"related_acts": "",
"section_id": 15
},
{
"act_id": 565,
"details": "16. (1) The expenditure of the Council shall be met from out of a fund to which shall be credited- (a)\tgrants made by the Government and local authorities; (b) \tdonations, fees, subscriptions and endowments; (c)\tincome from the properties, investments and royalties; (d)\tloans raised by the Council with the approval of the Government; and (e)\treceipts from other sources. (2) The Fund of the Council shall be kept in such bank or banks as may be approved by the Board.",
"name": "Fund of the Council",
"related_acts": "",
"section_id": 16
},
{
"act_id": 565,
"details": "17. The Council may, with the previous approval of the Government, borrow money in Bangladesh.",
"name": "Borrowing of money",
"related_acts": "",
"section_id": 17
},
{
"act_id": 565,
"details": "18. The Council may, subject to such regulations as may be made in this behalf and the availability of budgetary provisions, create such posts and appoint, on such terms and conditions as it may determine, such officers, consultants, advisers, auditors and other employees as it considers necessary for the efficient performance of its functions under this Ordinance: Provided that no post carrying a monthly initial pay of Taka sixteen hundred or above shall be created without the approval of the Government.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 18
},
{
"act_id": 565,
"details": "19. The Council shall, by such date before the commencement of every financial year as the Government may specify, 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 and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 19
},
{
"act_id": 565,
"details": "20. (1) The Board shall maintain its accounts in such manner and form as the Government may specify. (2) The accounts of the Board 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. (3) For the purpose of an audit under sub-section (2), 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 Council and may examine the Chairman or any member, officer or employee of the Council. (4) The Auditor-General shall, as soon as possible after completion of the audit, send to the Council his audit report and the Council shall forward it, with its comments thereon, to the Government. (5) The Council shall take steps forthwith to remedy any defects or irregularities pointed out in the audit report.",
"name": "Accounts and audit",
"related_acts": "",
"section_id": 20
},
{
"act_id": 565,
"details": "21. (1) The Council shall furnish to the Government such reports 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 audited accounts together with an annual report on the conduct of its affairs for that year.",
"name": "Reports, etc.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 565,
"details": "22. The Council may enter into any agreement with any person to render technical advice on, or to carry out, any scientific, technological or industrial research or investigation on behalf of that person and charge for such research or investigation such fee as may be determined by the Board: Provided that no such agreement shall be entered into with any Government Department or any other organisation under the control of the Government, except upon such terms and conditions and on payment of such fee, if any, as the Government may determine: Provided further that any such agreement with any foreign agency shall be subject to the approval of the Government.",
"name": "Agreement of technical advice, etc.",
"related_acts": "",
"section_id": 22
},
{
"act_id": 565,
"details": "23. Discoveries, inventions or improvements, if any, made in the processes, apparatus and machineries by any officer or other employee of the Council in the course of his official duty or by any other person working under grant from the Council shall be the property of the Council and may be made available for use to any person applying for them, subject to such conditions and on payment of such fees or royalties or otherwise, as the Board may determine.",
"name": "Discoveries, etc.",
"related_acts": "",
"section_id": 23
},
{
"act_id": 565,
"details": "24. Where any useful discovery, invention or improvement in the processes, apparatus or machineries has been made by any officer or other employee of the Council or by any other person working on its behalf, the Council may pay to such officer, employee or other person such cash rewards, share of royalty or consultation fee as it may, in consultation with the Government, determine: Provided that no such payment shall be made to a Government servant except with the approval of the Government.",
"name": "Rewards for discoveries, etc.",
"related_acts": "",
"section_id": 24
},
{
"act_id": 565,
"details": "25. The Board may, by general or special order in writing, direct that any power conferred upon it by this Ordinance shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercisable by such member or officer as may be specified.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 25
},
{
"act_id": 565,
"details": "26. The Chairman, every member of the Board, every member of 15an Advisory Committee and every officer and other employee of the Council shall, before entering upon his duties, make a declaration to the effect that he shall not, except in the discharge of his duty as Chairman, member, officer or employee, or with the previous approval of the Board, disclose any information concerning the work of the Council or the contents of any document in the possession of the Council.",
"name": "Declaration of secrecy",
"related_acts": "",
"section_id": 26
},
{
"act_id": 565,
"details": "27. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 27
},
{
"act_id": 565,
"details": "28. (1) The Council may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance 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 Ordinance. (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": 28
},
{
"act_id": 565,
"details": "29. Notwithstanding anything contained in any other law for the time being in force, or in any contract or in any other instrument, upon the establishment of the Council, the Scientific and Technological Research Division Resolution No. I (24)/73-BCSIR, dated the 16th November, 1973, shall stand revoked and the Bangladesh Council of Scientific and Industrial Research, hereinafter referred to as the said Council, established thereunder shall stand dissolved, and upon such dissolution,- (a) \tall assets, rights, powers, authorities and privileges, and all properties, movable and immovable, cash and bank balances and funds of the said Council 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 shall stand transferred to, and vested in, the Council; (b) \tall debts, liabilities and obligations of the said Council subsisting immediately before its dissolution shall stand transferred to, and be deemed to be the debts, liabilities and obligations of, the Council; (c)\tservices of all officers, advisers, consultants and employees of the said Council shall, notwithstanding anything contained in any contract or agreement or in the terms and conditions of their service, stand transferred to the Council and they shall be deemed to be officers, advisers, consultants and employees of the Council appointed by it on the same terms and conditions of service as were applicable to them in the said Council unless such terms and conditions are altered, not being to their disadvantage, by the Council; (d)\tall suits and other legal proceedings instituted by or against the said Council before its dissolution shall be deemed to have been instituted by or against the Council; (e)\tall rules, regulations and bye-laws of the said Council shall, mutatis mutandis, and in so far as they are not inconsistent with any of the provisions of this Ordinance, continue to be in force until repealed or altered by rules or regulations made under this Ordinance.",
"name": "Dissolution of the existing Bangladesh Council of Scientific and Industrial Research",
"related_acts": "",
"section_id": 29
}
],
"text": "An Ordinance to provide for the establishment of the Bangladesh Council of Scientific and Industrial Research. WHEREAS it is expedient to provide for the establishment of the Bangladesh Council of Scientific and Industrial Research for the purpose of initiation, promotion and guidance of scientific and industrial research and commercial utilisation and dissemination of the results of such research and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 566,
"lower_text": [
"1 Clauses (g) and (h) were omitted by section 2 of the Madrasah Education (Amendment Act, 2006 (Act No. XLIV of 2006)",
"2 Clauses (l) and (m) were omitted by section 2 of the Madrasah Education (Amendment Act, 2006 (Act No. XLIV of 2006)",
"3 The words “Fazil Madrasah and Kamil Madrasah” were omitted by section 2 of the Madrasah Education (Amendment Act, 2006 (Act No. XLIV of 2006)",
"4 The words “Fazil standard and Kamil standard” were omitted by section 2 of the Madrasah Education (Amendment Act, 2006 (Act No. XLIV of 2006)",
"5 The word “Alim” was substituted for the word “Kamil” by section 2 of the Madrasah Education (Amendment Act, 2006 (Act No. XLIV of 2006)",
"6 The word “Alim” was substituted for the word “Kamil” by section 2 of the Madrasah Education (Amendment Act, 2006 (Act No. XLIV of 2006)",
"7 The words “Fazil Madrasahs and Kamil Madrasahs” were omitted by section 3 of the Madrasah Education (Amendment Act, 2006 (Act No. XLIV of 2006)",
"8 The words and comma “Fazil, Kamil” were omitted by section 3 of the Madrasah Education (Amendment Act, 2006 (Act No. XLIV of 2006)",
"9 The words “Fazil Madrasahs and Kamil Madrasahs” were omitted by section 3 of the Madrasah Education (Amendment Act, 2006 (Act No. XLIV of 2006)",
"10 Clause (vi) was substituted by section 4 of the Madrasah Education (Amendment Act, 2006 (Act No. XLIV of 2006)"
],
"name": "The Madrasah Education Ordinance, 1978",
"num_of_sections": 43,
"published_date": "2nd March, 1978",
"related_act": [
98,
566
],
"repelled": true,
"sections": [
{
"act_id": 566,
"details": "1. This Ordinance may be called the Madrasah Education Ordinance, 1978.",
"name": "Short title",
"related_acts": "566",
"section_id": 1
},
{
"act_id": 566,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Alim Madrasah” means an institution recognised for Dakhil and Alim standards and affiliated to the Board; (b)\t“Alim standard” means the standard in which Alim course of Madrasah education for a period of two years is imparted; (c)\t“Board” means the Bangladesh Madrasah Education Board established under this Ordinance; (d)\t“Chairman” means the Chairman of the Board; (e)\t“Dakhil Madrasah” means an institution recognised for Dakhil standard and affiliated to the Board; (f)\t“Dakhil standard” means the standard in which Dakhil course of Madrasah education is imparted; 1* * * (i)\t“Furquania Madrasah” means an institution recognised for Ibtedayee standard and affiliated to the Board; (j)\t“Ibtedayee Madrasah” means an institution recognised for Ibtedayee standard and affiliated to the Board; (k)\t“Ibtedayee standard” means the standard in which Ibtedayee course of Madrasah education is imparted; 2* * * (n)\t“Madrasah” means a traditional religious institution of Islamic learning and includes Furquania Madrasah, Ibtedayee Madrasah, Dakhil Madrasah, Alim Madrasah, 3* * *; (o)\t“Madrasah education” means education pertaining to Ibtedayee standard, Dakhil standard, Alim standard, 4* * * and includes- (i)\treading of the Holy Qur'an; (ii)\tIslamiat, that is, Tafsir, Hadith, fiqh, Kalam, Usul, M'aqulat, Faraid and relevant subjects; (iii)\tHumanities including Arabic language and literature, Islamic history, general history, Bengali language and literature; (iv)\tScience; (v)\tCommerce; (vi)\tAgriculture; (vii)\tIndustry; (viii) \tMilitary Science; (ix)\tHealth education including physical education; and (x)\tsuch other types of technical and special education as the Board may, with the prior approval of the Government, determine; (p)\t“member” means a member of the Board and includes the Chairman; (q) “notification” means a notification published in the official Gazette; (r)\t“prescribed” means prescribed by regulations made under this Ordinance; (s)\t“President” means the President of Bangladesh; (t)\t“Principal” means the head of the teaching staff of 5Alim Madrasah by whatever style he may be designated;(u)\t“regulations” means regulations made by the Board under this Ordinance; and (v)\t“Superintendent” means the head of the teaching staff of a Madrasah other than a 6Alim Madrasah by whatever style he may be designated.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 566,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification, establish a Board to be called the Bangladesh Madrasah Education Board for the organisation, regulation, supervision, control, development and improvement of Madrasah education in Bangladesh in accordance with the provisions of this Ordinance. (2) The Board shall be a body corporate with perpetual succession and a common seal and shall have, subject to regulations, power to acquire and hold movable and immovable property, to transfer such property when held by it, to contract, and to do all other things necessary for carrying out the purposes of this Ordinance and shall by the said name sue and be sued. (3) The powers of regulation, supervision, control, development and improvement of Madrasah education in Bangladesh shall vest in the Board.",
"name": "Establishment of the Bangladesh Madrasah Education Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 566,
"details": "4. The Board shall be constituted with the following members, namely:- (a)\ta Chairman to be appointed by the President; (b)\tthe Assistant Director of Public Instruction, In-charge of Madrasah Education, ex-officio; (c)\tthe Director of Technical Education, or an officer, not below the rank of Assistant Director of Technical Education, to be nominated by him; (d)\tone person to be nominated by the Government from amongst the Chairmen of the Boards of Intermediate and Secondary Education in Bangladesh; (e)\tone person to be nominated by the Government from amongst the Heads of the departments of Arabic and Islamic Studies of the Universities in Bangladesh; (f)\tone Principal of a Government Madrasah to be nominated by the Government; (g)\ttwo Principals of non-Government Madrasahs to be nominated by the Government; (h)\ttwo Superintendents of non-Government Madrasahs to be nominated by the Government; (i) \tone Inspecting Officer to be nominated by the Government; (j)\ttwo persons specially devoted to the cause of Madrasah education to be appointed by the President.",
"name": "Composition of the Board",
"related_acts": "",
"section_id": 4
},
{
"act_id": 566,
"details": "5. The name of every person nominated or appointed as a member shall, as soon as possible after his nomination or appointment, as the case may be, be published by notification.",
"name": "Publication of names of members of the Board",
"related_acts": "",
"section_id": 5
},
{
"act_id": 566,
"details": "6. (1) Subject to the provisions of this Ordinance, a member, other than the ex-officio member, shall hold office for a term of three years from the date on which his name is published by notification under section 5, and may, on the expiration of such term, be eligible for re-appointment or re-nomination. (2) A person nominated by the Government under clauses (d) to (i) of section 4 shall cease to be a member as soon as he ceases to hold the office by virtue of which he was nominated. (3) Any member, other than the ex-officio member and the Chairman, may resign his membership by a letter addressed to the Chairman and, in the case of the Chairman, he may resign his membership by a letter addressed to the President: Provided that the resignation shall not take effect until it is accepted by the President or the Government, as the case may be. (4) The President or the Government may, at any time by order in writing, remove any member other than an ex-officio member appointed or nominated by him or it from his office if the President or, as the case may be, the Government considers such removal necessary or expedient in public interest or in the interest of the Board. (5) The Government may, at any time by order in writing, remove the member nominated by the Director of Technical Education under clause (c) of section 4 from his office if it considers such removal necessary or expedient in public interest or in the interest of the Board.",
"name": "Term of office of members of the Board",
"related_acts": "",
"section_id": 6
},
{
"act_id": 566,
"details": "7. (1) A person shall not be eligible for nomination or appointment as a member, if he- (a)\thas been adjudged by a competent Court to be of unsound mind; (b)\tis an undischarged insolvent; (c) \tbeing a discharged insolvent, has not obtained from the Court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or (d) \thas been convicted by a Court of an offence involving moral turpitude, unless an offence of which he was convicted has been pardoned or unless five years have elapsed since the date of his conviction. (2) The nomination or appointment of a person who is, on the date of his nomination or appointment, subject to any of the disqualifications specified in sub-section (1), shall be invalid. (3) If a member becomes subject to any of the disqualifications specified in sub-section (1), his membership shall thereupon cease.",
"name": "Disqualification of membership",
"related_acts": "",
"section_id": 7
},
{
"act_id": 566,
"details": "8. (1) Subject to the provisions of section 11, when the office of a member becomes vacant by resignation, death or otherwise, another person shall be nominated or appointed in his place in the manner provided in the appropriate clause of section 4 and such person shall hold office so long as the member whose place he fills would have been entitled to hold office if such vacancy had not occurred. (2) Notwithstanding the expiration of the term of three years specified in sub-section (1) of section 6, a member shall continue to hold office until the vacancy caused by the expiration of the said term has been filled in accordance with the provisions of this Ordinance.",
"name": "Filling up of casual vacancies",
"related_acts": "",
"section_id": 8
},
{
"act_id": 566,
"details": "9. The following shall be the officers of the Board, namely:- (a)\tthe Chairman; (b)\tthe Registrar; (c)\tthe Controller of Examinations; (d)\tthe Inspector of Madrasahs; and (e)\tsuch other officers as may be appointed by the Board.",
"name": "Officers of the Board",
"related_acts": "",
"section_id": 9
},
{
"act_id": 566,
"details": "10. (1) The Government may, with the approval of the President, cause an inspection by such person on it may direct of the office, activities and funds of the Board and the examinations conducted by the Board and may cause an enquiry to be made in respect of any matter concerning the Board. The Government shall communicate to the Board the result of such inspection or enquiry and may advise the Board as to the action to be taken within a specified time. The Board shall report to the Government, the action it proposes to take or has taken on such communication; and where the Board does not, within a reasonable time, take action to the satisfaction of the Government, the Government may, after considering any explanation given by the Board issue such directions as it may deem fit, and the Chairman shall comply with such directions. (2) Without prejudice to the provisions of sub-section (1), the Government, with the prior approval of the President, may, by an order in writing, annul any proceeding of the Board or any of the Committees if the Government is satisfied that such proceeding is not in conformity with the provisions of this Ordinance: Provided that, before making any such order, the Government shall, through the Chairman, call upon the Board or the Committee concerned to show cause why such an order should not be made.",
"name": "Inspection",
"related_acts": "",
"section_id": 10
},
{
"act_id": 566,
"details": "11. (1) The Chairman shall be a whole time officer of the Board and shall be appointed by the President on such terms and conditions as the President may determine. (2) When the office of the Chairman falls vacant temporarily or otherwise, by reason of leave, illness or other cause for a period not exceeding one year, the President shall, notwithstanding anything contained in sub-section (1), make such arrangements for carrying on the duties of the office of the Chairman as he may deem fit. (3) The Chairman shall be the principal executive and academic officer of the Board and shall, when present, preside at the meetings of the Board and the Committees appointed under section 18. (4) It shall be the duty of the Chairman to ensure that the provisions of this Ordinance and the regulations are faithfully observed and carried out and he shall exercise all powers necessary for this purpose. (5) In any emergency arising out of the administrative business of the Board and requiring, in the opinion of the Chairman, immediate action, the Chairman shall take such action as he may deem necessary and shall report the action so taken to the Board at its next meeting for information. (6) The Chairman shall exercise such other powers as may be delegated to him by the Government or as may be prescribed.",
"name": "Appointment, power and duties of the Chairman",
"related_acts": "",
"section_id": 11
},
{
"act_id": 566,
"details": "12. (1) Officers of the Board, other than the Chairman, shall be appointed by the Board in such manner as may be prescribed. (2) All other employees of the Board shall be appointed by the Chairman in such manner as may be prescribed.",
"name": "Appointment of other officers and employees of the Board",
"related_acts": "",
"section_id": 12
},
{
"act_id": 566,
"details": "13. Subject to the provisions of this Ordinance, the terms and conditions of service, including rules for disciplinary matters, granting of leave and for retirement of the officers and the employees of the Board shall be such as may be prescribed.",
"name": "Terms and conditions of service of officers and employees of the Board",
"related_acts": "",
"section_id": 13
},
{
"act_id": 566,
"details": "14. Temporary or casual vacancies in the posts of the officers of the Board other than the Chairman shall be filled up in such manner as may be prescribed.",
"name": "Casual vacancies in the posts of the officers of the Board other than the Chairman",
"related_acts": "",
"section_id": 14
},
{
"act_id": 566,
"details": "15. The Chairman or, in his absence, one member elected from amongst those present at the meeting of the Board or of the Committee, shall preside at every meeting of the Board or the Committee and shall be entitled to vote on any matter and shall have and exercise a second or casting vote in every case of equality of votes.",
"name": "Conduct of meetings",
"related_acts": "",
"section_id": 15
},
{
"act_id": 566,
"details": "16. (1) No member shall vote on any matter coming before the Board or the Committee in respect of which (otherwise than in the general application thereof to all Madrasahs) he has any personal interest.\t(2) The Chairman or the presiding member, as the case may be, shall decide any question under sub-section (1) arising in a meeting and his decision shall be final.",
"name": "Restriction on voting",
"related_acts": "",
"section_id": 16
},
{
"act_id": 566,
"details": "17. (1) Subject to the provisions of this Ordinance, the Board shall have power to organise, regulate, supervise, control, develop and improve Madrasah education. (2) In particular and without prejudice to the generality of the power conferred by sub-section (1), the Board shall have power- (a)\tto prescribe course of instruction for its examinations; (b)\tto grant affiliation to or to withhold or withdraw affiliation from Madrasahs after considering inspection reports from the Education Directorate or from the inspection reports of its own inspection officer or officers deputed in that behalf by the Board; (c)\tto prescribe conditions governing admission of students to and transfer of students from and to Dakhil Madrasahs, Alim Madrasahs, 7* * *; (d)\tto prescribe the manner and mode of inspection of Madrasahs; (e)\tto cause inspection, if necessary, of any Madrasah affiliated to it by the officer of the Board or by any other person or persons it considers suitable; (f) \tto hold, conduct and regulate examinations at the end of the Dakhil, Alim, 8* * * Mujawwide Meher, Mujawwide Fazil and Mujawwide Kamil stages or any other stage thereof ; (g) \tto publish the results of examinations held by the Board; (h)\tto grant sanads, diplomas and certificates to persons who have passed the examinations held by the Board and to withdraw sanads, diplomas and certificates from them;(i)\tto arbitrate or arrange for arbitration in disputes between teachers and governing bodies or managing committees of Dakhil Madrasahs, Alim Madrasahs, 9* * * or among such Madrasahs; (j)\tto submit to the Government its views on any matter with which it is concerned; (k)\tto determine the number, designation and pay and allowances of the officers and employees of the Board, and to appoint such experts and consultants as it may consider necessary for the purposes of carrying out the provisions of this Ordinance; (l)\tto regulate and decide all administrative matters including the creation and abolition of posts; (m)\tto fix demand and receive such fees as may be prescribed; (n)\tto hold and manage endowments and to institute and award scholarships, stipends, medals and prizes; (o)\tto enter into and carry out contracts in exercise of powers and performance of duties assigned to it by this Ordinance and the regulations; (p)\tto make provisions for buildings, premises, furniture, apparatus, books and other means needed for carrying on its work; and (q)\tto do such other acts and things as it may consider necessary for carrying out the purposes of this Ordinance.(3) The Board may delegate any of its powers to the Chairman or any other officer of the Board or to a Committee appointed under this Ordinance it may deem fit:Provided that no power to make any regulation shall be delegated under this sub-section.",
"name": "Powers of the Board",
"related_acts": "",
"section_id": 17
},
{
"act_id": 566,
"details": "18. (1) The Board shall appoint the following Committees, namely:- (a) \tAcademic Committee; (b) \tFinance Committee; (c) \tSelection Committee; (d) \tRegulation Committee; (e) \tAppeal and Arbitration Committee; (f) \tCurricula and Courses of Studies Committee; (g) \tScience Education Committee; (h) \tTechnical Education Committee; (i) \tIndustrial Education Committee; (j) \tAgricultural Education Committee; (k) \tCommercial Education Committee; (l) \tPhysical Education Committee; (m)\tGirls' Education Committee; (n) \tExamination Committee; (o) \tAge and Name Correction Committee; (p) \tRecognition and Centre Committee; (q) \tDiscipline Committee; and (r)\tsuch other Committee or Committees as the Board may consider necessary for the purposes of carrying out the provisions of this Ordinance. (2) The composition, powers and duties of the Committees appointed under sub-section (1) shall be such as may be prescribed.",
"name": "Committees of the Board",
"related_acts": "",
"section_id": 18
},
{
"act_id": 566,
"details": "19. (1) The budget meeting of the Board shall be held on or before the 31st March every year. (2) No business shall be transacted at any meeting of the Board unless a quorum of five members is present:\tProvided that no quorum shall be necessary for a meeting adjourned for want of quorum.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 19
},
{
"act_id": 566,
"details": "20. (1) The Registrar shall present to the budget meeting of the Board a report on the work of the Board during the last preceding financial year, together with a budget estimate showing, in the prescribed form, the anticipated income and expenditure of the Board during next succeeding financial year. (2) The budget estimate shall, when confirmed by the Board, be forwarded to the Government for approval within such period as may be prescribed and thereupon the Government may either approve the budget estimate as submitted by the Board or make such modifications in it as the Government considers necessary after consulting the Chairman.",
"name": "Annual report and budget estimates",
"related_acts": "",
"section_id": 20
},
{
"act_id": 566,
"details": "21. (1) There shall be constituted a fund to be called the Madrasah Education Fund to which shall be credited- (a)\tall funds which stand transferred to the Board under section 43; (b)\tall fees realised under any of the provisions of this Ordinance; and (c)\tall sums representing income from endowments or from property owned or managed by the Board for the purposes of this Ordinance; (d)\tall other sums received by the Board from the Government or any other source for any purpose provided for in this Ordinance. (2) The Madrasah Education Fund shall vest in the Board, shall be held by it in trust for the purposes of this Ordinance and shall be administered by it. (3) All moneys payable to the credit of the Madrasah Education Fund shall forthwith be deposited into a scheduled bank approved by the Board, or into Government treasury.",
"name": "Madrasah Education Fund",
"related_acts": "",
"section_id": 21
},
{
"act_id": 566,
"details": "22. (1) No expenditure shall be incurred from the Madrasah Education Fund except for the purposes of this Ordinance and unless such expenditure is provided for in the budget estimate approved by the Government under section 20 or is provided for by re-appropriation by the Board.\t(2) Subject to the provisions of sub-section (1), the Madrasah Education Fund shall be applied to- (a) \tpayment of the cost of audit; (b)\tpayment of salaries and allowances to the Chairman and other officers and employees of the Board; (c) \tpayment of all expenses connected with printing of papers and other documents required for carrying out the purposes of this Ordinance; (d) \tpayment of allowances to members of the Board and of the Committees; (e) \tpayment of remuneration to such persons as may be appointed by the Board in connection with the holding and conducting the Board's examinations and of publication of the results thereof; (f) \tpayment of contingent and capital expenditure; and (g)\tpayment of any other expenditure incurred by the Board in accordance with, and for the purposes of giving effect to, the provisions of this Ordinance.",
"name": "Application of the Madrasah Education Fund",
"related_acts": "",
"section_id": 22
},
{
"act_id": 566,
"details": "23. The Board shall keep accounts of all its receipts and expenditure in such manner and form as may be prescribed.",
"name": "Accounts",
"related_acts": "",
"section_id": 23
},
{
"act_id": 566,
"details": "24. (1) The accounts of the Board shall be submitted to the Government once every year and examined and audited by an auditor appointed by the Government. (2) It shall be the duty of the Board, and of every member, officer and employee thereof, to afford to the auditor every facility for the examination and audit of the accounts of the Board, and to comply with a requisition made by the auditor.",
"name": "Audit",
"related_acts": "",
"section_id": 24
},
{
"act_id": 566,
"details": "25. (1) The auditor shall submit to the Government a report on the audit of accounts and shall also submit two copies of such report to the Board and thereupon the Board shall, within such period as may be prescribed, forward one copy of the report together with its observations thereon to the Government. (2) Subject to the provisions of section 27, the Government shall take such action on the audit report as it thinks fit.",
"name": "Audit report",
"related_acts": "",
"section_id": 25
},
{
"act_id": 566,
"details": "26. (1) The auditor shall- (a) \tdisallow any payment which has been made in contravention of any law for the time being in force, and charge it against the persons making or authorising such payment; (b)\tcharge the amount of any deficiency or loss against the person by whose default or negligence such deficiency or loss resulted; (c)\tcharge any sum which could have been, but has not been brought into account against the person failing to account for it. (2) The auditor shall, in every case of disallowance and charge under this section, certify in writing the amount due from the person against whom the charge is made and send a copy of such certificate to the Board and to the person concerned within fourteen days from the date on which the report referred to in sub-section (1) of section 25 is submitted to the Board.",
"name": "Disallowance",
"related_acts": "",
"section_id": 26
},
{
"act_id": 566,
"details": "27. (1) Any person from whom an auditor has certified any sum to be due under section 26 may, within one month from the date of receipt by him of a copy of the certificate, appeal against such order to the Government. (2) The Government shall, on such appeal, make such order as it deems fit after giving the person making the appeal an opportunity of being heard and the decision of the Government on such appeal shall be final.",
"name": "Appeal",
"related_acts": "",
"section_id": 27
},
{
"act_id": 566,
"details": "28. (1) Every sum certified to be due under section 26 from any person shall, within one month from the receipt by such person of a copy of the certificate and unless within that period he makes an appeal under section 27, be paid by him into the Madrasah Education Fund. (2) The Board may direct that any sum not paid in accordance with the provisions of sub-section (1) or, if any appeal has been made under section 27, such sum as the Government may order to be due, shall be recovered- (a)\tin the case of a servant of the Government or an officer or other employees of the Board, by deduction from his salary in accordance with such conditions as may be prescribed, or as a public demand; and (b)\tin any other case, as a public demand. (3) The Deputy Commissioner shall, for the purpose of section 4 of the Public Demands Recovery Act, 1913 (Ben. Act III of 1913), be deemed to be the person to whom such demand is payable and he shall pay to the Board any sum recovered by him in respect of any such demand.",
"name": "Payment of certified sum",
"related_acts": "98",
"section_id": 28
},
{
"act_id": 566,
"details": "29. (1) An employee of an affiliated Madrasah shall be bound by the following general conditions of service, namely:- (a) \the shall not take part in, or subscribe in aid of, or assist in any way, any political movement, or any activities tending directly or indirectly to excite disaffection against the Government as by law established, or to promote feelings of hatred or enmity between different classes of citizens of Bangladesh, or to disturb the public peace; (b)\the shall not canvass, or interfere, or use his influence, or stand, as a candidate in any election to a local body or a legislative body in Bangladesh. (2) Any person who contravenes any of the conditions of service under sub-section (1) shall be liable to disciplinary action including removal from his post by an order of the authority which appointed such person on proceeding initiated against him. (3) Any person aggrieved by an order of the authority referred to in sub-section (2) may appeal to the Chairman who may pass such order on appeal as he thinks fit and such order shall be final.",
"name": "General conditions of service of the teacher of Madrasahs",
"related_acts": "",
"section_id": 29
},
{
"act_id": 566,
"details": "30. Every member of the Board and of every Committee appointed under this Ordinance, and every person appointed for carrying out the purposes of this Ordinance, shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (Act XLV of 1860).",
"name": "Certain persons to be deemed to be public servants",
"related_acts": "",
"section_id": 30
},
{
"act_id": 566,
"details": "31. No suit, prosecution or other legal proceedings shall lie against the Government or the Board or any Committee or any other person for anything in good faith done or intended to be done under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 31
},
{
"act_id": 566,
"details": "32. No act or proceedings taken under this Ordinance shall be invalid on the ground merely of - (a)\tthe existence of any vacancy in, or defect in the constitution of, the Board or any Committee constituted under this Ordinance; (b) \tany member of the Board having voted on any matter in contravention of the provisions of section 16; or (c)\tany defect or irregularity not affecting the merits of the cases.",
"name": "Validation",
"related_acts": "",
"section_id": 32
},
{
"act_id": 566,
"details": "33. (1) The Board shall establish for the benefit of its officers and employees either Pension and Provident Funds or Contributory Provident Fund only as it may deem fit in such manner, and subject to such conditions, as may be prescribed. (2) In case the Board establishes a Contributory Provident Fund under sub-section (1), all officers and employees of the Board shall subscribe to that Fund a sum equal to 8› per cent of his salary every month and the Board shall contribute an equal amount in respect of such subscriber every month. (3) The terms and conditions of deposits of subscriptions and contributions to the Fund and withdrawals and advances from such Fund shall be such as may be prescribed.",
"name": "Pension and Provident Fund or Contributory Provident Fund",
"related_acts": "",
"section_id": 33
},
{
"act_id": 566,
"details": "34. Except the Chairman, every officer and employee of the Board shall retire in the afternoon of the day on which he attains the age at which a Government servant retires.",
"name": "Age of retirement",
"related_acts": "",
"section_id": 34
},
{
"act_id": 566,
"details": "35. (1) The Board shall provide for the officers and employees meeting with untimely death or disabled by accident or illness during service, a gratuity equivalent to one month's pay for each completed year of his service under the employment of the Board. (2) The terms and conditions of gratuity under sub-section (1) shall be such as may be prescribed.",
"name": "Gratuity",
"related_acts": "",
"section_id": 35
},
{
"act_id": 566,
"details": "36. No member shall enter into any contract with the Board directly or through any other person in connection with the affairs of the Board.",
"name": "Members prohibited from entering into contract with the Board",
"related_acts": "",
"section_id": 36
},
{
"act_id": 566,
"details": "37. No person who has any financial interest in any book prescribed by the Board as a course of study for any examination conducted by the Board or has a financial interest as a partner or otherwise in any firm which publishes, procures or supplies any such book, shall be eligible to become a member of the Board or a Committee appointed under this Ordinance and continue as such after having acquired any such interest.",
"name": "Bar against membership of the Board or Committee on the persons with financial interest in the affairs of the Board",
"related_acts": "",
"section_id": 37
},
{
"act_id": 566,
"details": "38. (1) The Board may, with the previous approval of the Government, make regulations for the purpose of carrying into effect the provisions of this Ordinance. (2) In particular and without prejudice to the generality of the power conferred by sub-section (1), the Board may make regulations providing for all or any of the following matters, namely:- (i) \tthe powers and duties of the officers of the Board; (ii)\tthe conduct of the meetings of the Board and of the Committees; (iii)\tthe grant and withholding of sanads, diplomas and certificates; (iv)\tthe curricula and the courses of study to be prescribed for obtaining sanads, diplomas and certificates; (v)\tfor granting or withholding affiliation to Madrasahs and for withdrawal of such affiliation; 10(vi) \tthe constitution, powers and duties of the Governing Bodies of affiliated non-government Alim Madrasahs and Managing Committees of affiliated non-government Dakhil Madrasahs and Ibtedayee Madrasahs; (vii) \tthe terms and conditions of service of the teachers of affiliated non-Government Madrasahs; (viii) \tthe conditions under which candidates shall be admitted to the examinations of the Board and shall be eligible for sanads, diplomas and certificates; (ix)\tthe manner and mode of inspection; (x)\tthe fixing and receiving fees for admission to the examinations of the Board and for other purposes; (xi)\tthe holding and conducting of all examinations of the Board; (xii) \tacquisition, possession and transfer of property by the Board, the conditions of such acquisition, possession and transfer or any other act referred to in sub-section (2) of section 3; (xiii) \tmanner of appointment of the officers of the Board, other than the Chairman, by the Board; (xiv) \tmanner of appointment of the employees of the Board, other than its officers, by the Chairman; (xv)\tterms and conditions of service, including disciplinary matters, grant of leave and retirement of the officers and employees of the Board; (xvi) \tmanner of filling up temporary and casual vacancies in the posts of the officers of the Board under section 14; (xvii) \tform for showing anticipated income and expenditure of the Board and the period within which the budget estimate shall be forwarded to the Government; (xviii) \tthe framing of an Accounts Manual or the prescription of the manner and form of keeping accounts of receipts and expenditures of the Board; (xix) \tperiod within which the copy of the audit report together with the observation of the Board shall be forwarded to the Government; (xx) \tmanner and conditions of benefit from Pension and Provident Fund or Contributory Provident Fund only; (xxi) \tterms and conditions of gratuity; (xxii)\ttravelling allowance and daily allowance of the members for attending meetings of the Board and Committees;(xxiii) \tperiod within which observations of the Board on the audit report is to be furnished to the Government under section 25; and (xxiv) \tall other matters which are to be or may be prescribed by regulations. (3) All regulations made under this section shall be published in the official Gazette and shall come into force on such publication.",
"name": "Regulations",
"related_acts": "",
"section_id": 38
},
{
"act_id": 566,
"details": "39. The regulations set out in the Schedule appended to this Ordinance shall, on the commencement of this Ordinance, be the first regulations of the Board and shall be deemed to have been made by the Board under section 38.",
"name": "First regulations",
"related_acts": "",
"section_id": 39
},
{
"act_id": 566,
"details": "40. The Committees appointed by the Board may, subject to the approval of the Board, make rules consistent with this Ordinance and the regulations- (a) \tlaying down the procedure to be observed at their meetings and the number of members required to form a quorum; and (b)\tproviding for all matters solely concerning such Committees and not provided for by this Ordinance and the regulations.",
"name": "Rules",
"related_acts": "",
"section_id": 40
},
{
"act_id": 566,
"details": "41. Till such time all the members, other than the Chairman, are not nominated or appointed, the Chairman shall, subject to such general or special orders as the Government may give from time to time, exercise all the powers and perform all the duties of the Board and its Committees appointed under this Ordinance.",
"name": "Transitional provision",
"related_acts": "",
"section_id": 41
},
{
"act_id": 566,
"details": "42. If any difficulty arises with respect to the establishment of the Board or in connection with the first meeting of the Board or otherwise in first giving effect to the provisions of this Ordinance, the Government may make any order consistent with the provisions of this Ordinance, which appears to it to be necessary or expedient for the purpose of removing the difficulty.",
"name": "Removal of difficulty",
"related_acts": "",
"section_id": 42
},
{
"act_id": 566,
"details": "43. Upon the establishment of the Board, the Madrasah Education Board functioning immediately before the commencement of this Ordinance, hereinafter referred to as the dissolved Board, shall stand dissolved, and upon such dissolution,- (a) \tall assets, rights, powers, authorities and privileges, and all property, movable or immovable, cash and bank balances, funds, investments and all other interests and rights in, or arising out of, such property of the dissolved Board subsisting immediately before its dissolution shall stand transferred to, and vested in, the Board; (b)\tall debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for, the dissolved Board before its dissolution, shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the Board; (c) \tservices of all officers and employees of the dissolved Board shall, notwithstanding anything contained in any contract or agreement or in the terms and conditions of service, stand transferred to the Board and they shall be deemed to be officers and employees of the Board appointed by it on the same terms and conditions of service as were applicable to them in the dissolved Board unless such terms and conditions are altered, not being to their disadvantage, by the Board; (d)\tall suits and other legal proceedings instituted by or against the dissolved Board before its dissolution shall be deemed to have been instituted by or against the Board.",
"name": "Dissolution of the Madrasah Education Board, etc",
"related_acts": "",
"section_id": 43
}
],
"text": "An Ordinance to reorganise Madrasah education in Bangladesh. WHEREAS it is expedient to reorganise Madrasah education in Bangladesh; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 567,
"lower_text": [
"1 Sub-section (1) was substituted by section 2 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXXIX of 2016). (with effect from 1st July, 2015).",
"2 The words “salary and allowances payable to a Judge under this Ordinance” were substituted for the words, brackets and figure “salary payable to a Judge under sub-section (1)” by section 2 of the Supreme Court Judges (Remuneration and Privileges) (Second Amendment) Act, 1990 (Act No. XLI of 1990)",
"3 Section 3D was omitted by section 3 of The Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2010 (Act No. XXII of 2010) (With effect from 1st July, 2009).",
"4 Section 3DD was inserted by section 2 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2014 (Act No. II of 2014) (with effect from 1 July, 2013).",
"5 Section 3E was inserted by section 3 of The Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2009 (Act No. LIV of 2009).",
"6 Section 3F was inserted by section 3 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXXIX of 2016). (with effect from 1st July, 2016).",
"7 Section 3G was inserted by section 3 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXXIX of 2016). (Bangla New Year allowance (বাংলা নববর্ষ ভাতা) ১৪২৩ বঙ্গাব্দ হইতে প্রবর্তিত)",
"8 The existing provision was numbered as sub-section (1) of that section by section 4 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 1992 (Act No. XIII of 1992)",
"9 The word, figure and comma “Taka 50,600” were substituted for the word, figure and comma “Taka 26,600” by section 4(a)(i) of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXXIX of 2016). (with effect from 1st July, 2016).",
"10 Clause (b) was substituted by section 2 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Ordinance, 1983 (Ordinance No. LIX of 1983)",
"11 The word, figure and comma “Taka 25,000” were substituted for the word, figure and comma “Taka 15,000” by section 4(a)(ii) of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXXIX of 2016). (with effect from 1st July, 2016).",
"12 The word, figure and comma “Taka 2,000” were substituted for the word, figure and comma “Taka 1,000” by section 4(a)(ii) of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXXIX of 2016). (with effect from 1st July, 2016).",
"13 Sub-sections (2) and (3) were substituted by section 4(b) of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2016 (Act No. XXXIX of 2016). (with effect from 1st July, 2016).",
"14 The words “High Court Division” were substituted for the words “High Court” by Article 7(1)(a) of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972) as amended by the Bangladesh Adaptation of Existing Laws (Amendment) Order, 1972 (President’s Order No. 150 of 1972)",
"15 The words “Appellate Division of the Supreme Court” were substituted for the words “Supreme Court” by Article 7(1)(b) of the Bangladesh (Adaptation of Existing Laws) Order, 1972 (President’s Order No. 48 of 1972) as amended by the Bangladesh Adaptation of Existing Laws (Amendment) Order, 1972 (President’s Order No. 150 of 1972)"
],
"name": "The Supreme Court Judges (Remuneration and Privileges) Ordinance, 1978",
"num_of_sections": 17,
"published_date": "28th March, 1978",
"related_act": [
627,
388,
567
],
"repelled": true,
"sections": [
{
"act_id": 567,
"details": "1. This Ordinance may be called the Supreme Court Judges (Remuneration and Privileges) Ordinance, 1978.",
"name": "Short title",
"related_acts": "567",
"section_id": 1
},
{
"act_id": 567,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context, “Judge” means a Judge of a Division of the Supreme Court, and includes the Chief Justice and an Additional Judge of a Division of that Court.",
"name": "Definition",
"related_acts": "",
"section_id": 2
},
{
"act_id": 567,
"details": "3. 1(1) There shall be paid to the Judges a salary at the following rates, namely:- (i) The Chief Justice - Taka 1,10,000 Per mensem; (ii) A Judge of the Appellate - Taka 1,05,000 Per mensem; Division (iii) A Judge of the High Court - Taka 95,000 Per mensem. Division (2) No income-tax shall be payable in respect of 2salary and allowances payable to a Judge under this Ordinance.",
"name": "Salary",
"related_acts": "",
"section_id": 3
},
{
"act_id": 567,
"details": "3A. Omitted by section 3 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Ordinance, 1985 (Ordinance No. XLV of 1985).",
"name": "Omitted",
"related_acts": "",
"section_id": 4
},
{
"act_id": 567,
"details": "3B.Omitted by section 3 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 1992 (Act No. XIII of 1992).",
"name": "Omitted",
"related_acts": "",
"section_id": 5
},
{
"act_id": 567,
"details": "3C.Omitted by section 3 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 1992 (Act No. XIII of 1992).",
"name": "Omitted",
"related_acts": "",
"section_id": 6
},
{
"act_id": 567,
"details": "3***",
"name": "Omitted",
"related_acts": "",
"section_id": 7
},
{
"act_id": 567,
"details": "43DD. There shall be paid to a judge a special allowance at the rate of 50% of his salary per mensem.",
"name": "Special Allowance",
"related_acts": "",
"section_id": 8
},
{
"act_id": 567,
"details": "53E. (1) There shall be paid to a judge, a recreation allowance equal to one month's pay of his salary once in every three years for the purpose of taking leave for rest and recreation. (2) The recreation allowance shall be paid in addition to the leave salary as mentioned in the section 7 of the Supreme Court Judges (Leave, Pension and Privileges) Ordinance, 1982 (Ordinance No. XX of 1982).",
"name": "Recreation allowance.",
"related_acts": "627",
"section_id": 9
},
{
"act_id": 567,
"details": "63F. (1) There shall be paid to a Judge festival allowance equal to two month’s pay of his salary in every year. (2) The allowance under sub-section (1) shall be paid following the provisions mentioned in the Finance Division’s Memo No. FM/FD(Imp)-4/FB-12/86/29, dated 3 July 1988, and other notifications issued, from time to time, in this behalf by the Government.",
"name": "Festival allowance",
"related_acts": "",
"section_id": 10
},
{
"act_id": 567,
"details": "73G. (1) There shall be paid to a Judge a Bangla New Year allowance once in every year at the rate of 20% of his salary per mensem. (2) The allowance under sub-section (1) shall be paid following the provisions mentioned in the Finance Division’s Memo No. 07.00.0000.173.44.018.14-78, deted 14 October 2015.",
"name": "Bangla New Year allowance",
"related_acts": "",
"section_id": 11
},
{
"act_id": 567,
"details": "4. 8(1)A Judge shall be entitled to, and provided with,- (a)\ta furnished residence free from the payment of any rent and charges on account of municipal taxes and local rate and of the use of electricity, water and gas and, until such residence is provided, a Judge shall be paid a residence allowance of 9Taka 50,600 per mensem; 10(b)\tan official transport on the same terms as are admissible to a Secretary to the Government and, until such transport is provided or if it is not required by him, he shall be paid a car allowance of 11Taka 25,000 per mensem if he uses his own car or 12Taka 2,000 per mensem if he does not use his own car; and (c)\ta telephone at his residence at Government expense. 13(2) There shall be paid to the Judges a domestic aid allowance at the following rates, namely:- (i) The Chief Justice - Taka 5,000 Per mensem; (ii) A Judge of the Appellate - Taka 4,500 Per mensem; Division (iii) A Judge of the High Court - Taka 4,000 Per mensem. Division (3) There shall be paid to the Judges a sumptuary allowance at the following rates, namely:- (i) The Chief Justice - Taka 12,000 Per mensem; (ii) A Judge of the Appellate - Taka 8,000 Per mensem; Division (iii) A Judge of the High Court - Taka 5,000 Per mensem. Division",
"name": "Privileges regarding residence, etc.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 567,
"details": "5. A Judge and the members of his family shall be entitled to medical facilities admissible under the Special Medical Attendance Rules, except that he and the members of his family shall be entitled to medical treatment at the residence of the Judge; and such medical facilities shall continue to be admissible after the Judge has retired or otherwise ceased to hold office.",
"name": "Medical facilities",
"related_acts": "",
"section_id": 13
},
{
"act_id": 567,
"details": "6. (1) In respect of leave, pension, gratuity and provident fund, a Judge shall be entitled, subject to the provisions of this Ordinance, to all the rights, privileges and allowances as were admissible to him immediately before the commencement of this Ordinance. (2) Omitted by section 4 of the Supreme Court Judges (Remuneration and Privileges) (Amendment) Act, 2005 (Act No. XXV of 2005).",
"name": "Rights relating to leave, pension, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 567,
"details": "7. This Ordinance shall not apply to a Judge who, immediately before the commencement of this Ordinance, was holding office as a Judge of the 14High Court Division or 15Appellate Division of the Supreme Court and who, within a period of three months from such commencement, exercises in writing communicated to the Accountant General of Bangladesh his option to be governed by the provisions of law which, immediately before such commencement, were applicable to him.",
"name": "Option of Judges",
"related_acts": "",
"section_id": 15
},
{
"act_id": 567,
"details": "8. The Supreme Court and the High Court Judges (Remuneration and Privileges) Ordinance, 1976 (LXV of 1976) is hereby repealed.",
"name": "Repeal",
"related_acts": "",
"section_id": 16
},
{
"act_id": 567,
"details": "9. The provisions of this Ordinance shall be deemed to have taken effect on the 1st day of December, 1977.",
"name": "Retrospective effect",
"related_acts": "",
"section_id": 17
}
],
"text": "An Ordinance to provide for the remuneration and privileges of the Judges of the Supreme Court. WHEREAS it is expedient to provide for the remuneration and privileges of the Judges of the Supreme Court; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 568,
"lower_text": [],
"name": "The Defence Services Laws Amendment Ordinance, 1978",
"num_of_sections": 7,
"published_date": "12th June, 1978",
"related_act": [
256,
568,
235,
237,
310,
248,
249
],
"repelled": true,
"sections": [
{
"act_id": 568,
"details": "1. This Ordinance may be called the Defence Services Laws Amendment Ordinance, 1978.",
"name": "Short title",
"related_acts": "568",
"section_id": 1
},
{
"act_id": 568,
"details": "2. In the Navy (Extension of Service) Act, 1950,- (a) \tthroughout the Act, unless otherwise provided, for the word “Pakistan” the word “Bangladesh” shall be substituted; (b) \tin section 1, in sub-section (1), the word “Pakistan” shall be omitted; (c) \tin section 2, for the words “Central Government” the word “Government” shall be substituted; and (d) \tsection 3 shall be omitted.",
"name": "Amendment of Act XXIV of 1950",
"related_acts": "235",
"section_id": 2
},
{
"act_id": 568,
"details": "3. In the Army and Air Force Reserves Act, 1950 (XLVII of 1950),- (a) \tthroughout the Act, unless otherwise provided,- (i)\tfor the word “Pakistan” the word “Bangladesh” shall be substituted; and (ii)\tfor the words “Central Government” the word “Government” shall be substituted; (b)\tin section 1, for the words and brackets “Pakistan (Army and Air Force)” the words “Army and Air Force” shall be substituted; (c)\tin section 4,- (i) \tthe words, comma and the figures “Indian Army Act, 1911 or the Pakistan” shall be omitted; and (ii)\tthe words, comma and figures “Indian Air Force Act, 1932 or the Pakistan” shall be omitted; and (d)\tfor section 7 the following shall be substituted, namely:- “7.\tPower to make regulations.- The Government may make regulations for all or any of the purposes of this Act, other than those specified in section 6.”.",
"name": "Amendment of Act XLVII of 1950",
"related_acts": "237",
"section_id": 3
},
{
"act_id": 568,
"details": "4. In the Army Act, 1952 (XXXIX of 1952),- (a)\tthroughout Act, unless otherwise provided,- (i)\tfor the word “Pakistan” the word “Bangladesh” shall be substituted; (ii)\tfor the words, comma and figures “Pakistan Navy Ordinance, 1961” the words, comma and figures “Navy Ordinance, 1961” shall be substituted; (iii)\tfor the words, comma and figures “Pakistan Air Force Act, 1953” the words, comma and figures “Air Force Act, 1953” shall be substituted; (iv)\tthe words, commas and figures “the Indian Air Force Act, 1932, or” shall be omitted; (v)\tfor the word “rupees” the word “Taka” shall be substituted; and (vi)\tfor the words “Central Government” the word “Government” shall be substituted; (b)\tin section 1, in sub-section (1), the word “Pakistan” shall be omitted; (c)\tin section 2, in sub-section (1), in clause (b), the word “Indian” shall be omitted; (d)\tin section 3, in sub-section (2), for the word “inferior” the word “lower” shall be substituted; (e)\tin section 4, in the proviso, for the word “inferior” the word “lower” shall be substituted; (f)\tsection 6 shall be omitted; (g)\tin section 8, in clause (17), for the words “Pakistan Penal Code” the words “Penal Code” shall be substituted; (h) \tsection 15A shall be omitted; (i) \tin section 19, for the word “English” the word “Bengali” shall be substituted; (j) \tin section 23, in sub-section (1), for the words “officers by whom” the words and comma “officers, junior commissioned officers or non-commissioned officers by whom” shall be substituted; (k) \tin sections 57 and 58 , for the words “before in this Act specified” wherever occurring the words “specified in this Act” shall be substituted; (l) \tin sections 114 and 117, for the words “service of the Government” the words “service of the Republic” shall be substituted; (m)\tin section 172, for the words, brackets, commas and figures “Pakistan (Army and Air Force) Reserves Act, 1950,” the words, commas and figures “Army and Air Force Reserves Act, 1950,” shall be substituted; (n) \tsections 177, 178 and 179 shall be omitted; and (o) \tthe Schedule shall be omitted.",
"name": "Amendment of Act XXXIX of 1952",
"related_acts": "248,310,310,256,256,237",
"section_id": 4
},
{
"act_id": 568,
"details": "5. In the Air Force (Extension of Service) Act, 1952 (XLVI of 1952),- (a)\tthroughout the Act, unless otherwise provided, for the word “Pakistan” the word “Bangladesh” shall be substituted; (b)\tin section 1, in sub-section (1), the word “Pakistan” shall be omitted; and (c)\tin section 2,- (i)\tfor the words “Central Government” the word “Government” shall be substituted; and (ii)\tthe words, comma and figures “Indian Air Force Act, 1932 or the Pakistan” shall be omitted.",
"name": "Amendment of Act XLVI of 1952",
"related_acts": "249",
"section_id": 5
},
{
"act_id": 568,
"details": "6. In the Air Force Act, 1953 (VI of 1953),- (a)\tthroughout the Act, unless otherwise provided,- (i)\tfor the word “Pakistan” the word “Bangladesh” shall be substituted; (ii)\tfor the words “Central Government” the word “Government” shall be substituted; (iii)\tfor the words “Pakistan Penal Code” the words “Penal Code” shall be substituted; and (iv)\tfor the word “rupees” the word “Taka” shall be substituted; (b)\tin section 1, in sub-section (1), the word “Pakistan” shall be omitted; (c)\tin section 2,- (i)\tin clause (a), for the words “officers and” the words and comma “officers, master warrant officers and” shall be substituted; (ii) \tin clause (b), the word “Indian” shall be omitted; (iii)\tin clause (c), for the words, brackets, comma and figures “Pakistan (Army and Air Force) Reserves Act, 1950” the words, comma and figures “Army and Air Force Reserves Act, 1950” shall be substituted; and (iv)\tin clause (e), the word “Pakistan” twice occurring shall be omitted; (d)\tin section 4,- (i) \tin clause (iv), for the words “Warrant officer” the words and comma “master warrant officers, warrant officers” shall be substituted; (ii)\tin clause (viii), for the words “or a warrant officer” the words “or a master warrant officer or a warrant officer” shall be substituted; (iii)\tclause (xix) shall be omitted; (iv)\tafter clause (xx), the following new clause shall be inserted, namely:- “(xxa) “master warrant officer” means a person commissioned, gazetted or in pay as a master warrant officer of the Air Force and includes and acting master warrant officer, and a master warrant officer of the Bangladesh Air Force Volunteer Reserve who is for the time being subject to this Act;”; (v)\tin clauses (xxiv) and (xxix), for the words “warrant officer” the words and comma “master warrant officer, warrant officer” shall be substituted; and (vi)\tin clause (xxx), for the words “warrant officers” the words and comma “master warrant officers, warrant officers” shall be substituted; (e)\tin section 6,- (i)\tafter the word and comma “officers,” the words and comma “master warrant officers,” shall be inserted; and (ii)\tin sub-section (2), for the word “inferior” the word “lower” shall be substituted; (f)\tin section 7, in sub-section (2), for the word “inferior” the word “lower” shall be substituted; (g)\tin section 11, for the words “warrant officer” the words “master warrant officer or a warrant officer” shall be substituted; (h)\tfor section 12, the following shall be substituted, namely:- “12.\tIneligibility of aliens for enrolment.- No person who is not a citizen of Bangladesh shall, except with the consent of the Government signified in writing, be granted a Commission or junior commission or be enrolled in the Air Force.”; (i)\tin section 26,- (i)\tin sub-section (1), for the words, “Warrant officer”, the words “Master warrant officer or warrant officer” shall be substituted; and (ii)\tin sub-section (2), after the word “aggrieved” the words “master warrant officer or” shall be inserted; (j)\tin section 45, after the words “Any officer or” the words “master warrant officer or” shall be inserted; (k)\tin sections 47 and 61, after the words and comma “Any officer,” the words and comma “master warrant officer,” shall be inserted; (l) \tin section 73, in clauses (g) and (i), after the word and comma “officers,” the words and comma “master warrant officers,” shall be inserted; (m)\tin section 76, after the words “officer or a” the words “master warrant officer or a” shall be inserted; (n)\tin section 82, for the words “warrant officer” the words “master warrant officer or warrant officer” shall be substituted; (o)\tin section 107, in sub-section (4), the word “Pakistan” twice occurring shall be omitted; (p)\tin section 118, for the words “warrant officer” the words “master warrant officer or warrant officer” shall be substituted; (q)\tin section 134, for the words “High Court” twice occurring the words “High Court Division” shall be substituted; (r)\tin section 138, for the words “service of the Government” the words “service of the Republic” shall be substituted; (s)\tin section 140, in sub-section (2), for the words “warrant officers” the words “master warrant officers or warrant officers” shall be substituted; (t)\tin section 141, in sub-section (1), for the words “service of the Government” the words “service of the Republic” shall be substituted; (u)\tin section 147, for the words “that Government” the words “the Government” shall be substituted; (v)\tin section 189, after the words “officer or” the words “master warrant officer or” shall be inserted; (w)\tin section 191, for the words “warrant officer” the words “master warrant officer or warrant officer” shall be substituted; (x)\tin section 192, for the words “and warrant officers” the comma and words “,master warrant officers and warrant officers” shall be substituted; (y) \tin sections 193, 195, 196, 198, 199 and 200, for the words “warrant officer” wherever occurring, the words “master warrant officer or warrant officer” shall be substituted; and (z) \tsections 204, 205 and 206 shall be omitted.",
"name": "Amendment of Act VI of 1953",
"related_acts": "256,237",
"section_id": 6
},
{
"act_id": 568,
"details": "7. In the Navy Ordinance, 1961 (Ord. XXXV of 1961), in section 53, for the words “High Court” the words “High Court Division” shall be substituted.",
"name": "Amendment of Ordinance XXXV of 1961",
"related_acts": "310",
"section_id": 7
}
],
"text": "An Ordinance further to amend the Navy (Extension of Service) Act, 1950, the Army and Air Force Reserves Act, 1950, the Army Act, 1952, the Air Force (Extension of Service) Act, 1952, the Air Force Act, 1953, and the Navy Ordinance, 1961. WHEREAS it is expedient further to amend the Navy (Extension of Service) Act, 1950 (XXIV of 1950), the Army and Air Force Reserves Act, 1950 (XLVII of 1950), the Army Act, 1952 (XXXIX of 1952), the Air Force (Extension of Service) Act, 1952 (XLVI of 1952), the Air Force Act, 1953 (VI of 1953), and the Navy Ordinance, 1961 (XXXV of 1961), for the purposes hereinafter appearing; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 569,
"lower_text": [],
"name": "The Bangla Academy Ordinance, 1978",
"num_of_sections": 24,
"published_date": "12th June, 1978",
"related_act": [
569
],
"repelled": true,
"sections": [
{
"act_id": 569,
"details": "1. This Ordinance may be called the Bangla Academy Ordinance, 1978.",
"name": "Short title",
"related_acts": "569",
"section_id": 1
},
{
"act_id": 569,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Academy” means the Bangla Academy constituted under section 3; (b)\t“Mahaparichalak” means the Mahaparichalak of the Academy appointed under section 13; (c)\t“Parishad” means the Karja Nirbahi Parishad of the Academy constituted under section 10; (d)\t“prescribed” means prescribed by rules made under this Ordinance; (e)\t“Sachib” means the Sachib of the Academy appointed under section 14.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 569,
"details": "3. (1) On the commencement of this Ordinance, there shall be constituted an Academy to be called the Bangla Academy for carrying out the purposes of this Ordinance. (2) The Academy shall be a body corporate having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued. (3) The headquarters of the Academy shall be at Dacca.",
"name": "Constitution of the Academy",
"related_acts": "",
"section_id": 3
},
{
"act_id": 569,
"details": "4. The President of Bangladesh shall be the Patron-in-Chief of the Academy.",
"name": "Patron-in-Chief",
"related_acts": "",
"section_id": 4
},
{
"act_id": 569,
"details": "5. (1) The Academy shall consist of the following members, namely:- (a) \tthe President; (b) \tthe Vice-President; (c) \tthe Patrons; (d) \tthe Fellows; (e) \tthe life Members; and (f) \tthe Members. (2) The President of the Academy shall be an eminent educationist who shall be nominated by the Patron-in-Chief for a term of two years. (3) The Vice-President shall be elected in such manner and for such period as may be prescribed. (4) The membership of the Academy shall be open to distinguished scholars and persons of high literary or scientific merit.",
"name": "Composition of the Academy",
"related_acts": "",
"section_id": 5
},
{
"act_id": 569,
"details": "6. (1) The functions of the Academy shall be- (a) \tto develop, foster and promote the Bengali language, literature and culture in accordance with the national aspirations; (b) \tto facilitate the introduction of Bengali language in all spheres of life in Bangladesh; (c) \tto translate, coin, prepare, adopt, develop and popularise Bengali vocabulary for foreign words and phrases, scientific, technical and official terms; (d) \tto produce, translate and make available in the Bengali language suitable reading materials, including advanced treaties on the various branches of science and technology as well as reference works, dictionaries, bibliographies and encyclopaedia; (e) \tto make arrangement for research on development of the Bengali language and literature and, for that purpose, to enter into contract with experts and to maintain close relationship with the universities and other organisations; (f) \tto set up branches of the Academy within Bangladesh with a view to fostering research, literary, cultural and other activities; (g) \tto render financial help to the indigent but meritorious Bengali writers and research workers; (h) \tto engage individuals or organisations or both for undertaking specific work for the Academy; (i) \tto award prizes and rewards to persons who, in the opinion of the Parishad have made notable contributions to the upliftment of the Bengali language and literature or to the study of science; (j) \tto organise, create or abolish Divisions of the Academy and to control their activities; (k)\tto determine the terms and conditions of service of the employees of the Academy other than the employees on deputation from Government service; (l) \tto confer the honour of being a Patron, Fellow, Life Member or Member of the Academy on any person who is, in the opinion of the Parishad, fit to be so honoured: Provided that the Academy shall take prior approval of the Government before conferring any of the aforesaid honour upon a foreign national and the foreign national so honoured shall not take part in any election under this Ordinance or the rules made thereunder; (m) \tto do such other acts and things as may be necessary to be done in connection with the performance of the aforesaid functions. (2) Without prejudice to the provisions of sub-section (1), the Government may direct the Academy to take over the functions of any organisations, engaged in the cultivation of the Bengali language, literature or culture, set up under a statute, resolution, order or instrument of the Government; and upon so taking over, all assets and liabilities of such organisations shall vest in the Academy.",
"name": "Functions of the Academy",
"related_acts": "",
"section_id": 6
},
{
"act_id": 569,
"details": "7. (1) The Academy shall have the following Divisions, namely:- (a) \tthe Establishment Division; (b) \tthe Research and the Compilation Division; (c) \tthe Translation Division; (d) \tthe Cultural Division; (e) \tthe Publication, Sales and the Press Division; (f) \tthe Text Book Division; and (g) \tthe Folklore Division. (2) The Academy shall have power to create such other new Division or abolish or amalgamate any of the Divisions specified in sub-section (1) as it may deem fit: Provided that the Academy shall, before creating any new Division, obtain the prior approval of the Government if such creation involves new expenditure. (3) Each Division of the Academy shall discharge such functions as may be prescribed.",
"name": "Divisions of the Academy",
"related_acts": "",
"section_id": 7
},
{
"act_id": 569,
"details": "8. The following shall be the officers of the Academy, namely:- (a) \tMahaparichalak; (b) \tSachib; (c) \tParichalak; (d) \tUpo-Parichalak; (e) \tSaha-Parichalak; and (f) \tsuch other officers as may be appointed by the Parishad from time to time.",
"name": "Officers of the Academy",
"related_acts": "",
"section_id": 8
},
{
"act_id": 569,
"details": "9. (1) The Academy shall meet within three months of the close of the financial year in a meeting to be called the Annual General Meeting on a date, time and place to be fixed by the Mahaparichalak with the approval of the President of the Academy: Provided that one month's notice shall be required for holding the meeting: Provided further that at least two-thirds of the members shall be required to form a quorum: Provided further that if the meeting is adjourned for want of a quorum, no quorum shall be necessary for the adjourned meeting. (2) The annual budget of the Academy as approved by the Government shall be placed before the Academy at the Annual General Meeting for information and discussion: Provided that a copy of the approved annual budget shall be circulated among the members at least thirty days prior to the date fixed for the meeting. (3) The Mahaparichalak may, in consultation with the President of the Academy, and shall, upon requisition in writing signed by not less than one third of the total members of the Academy, convene a special meeting of the Academy: Provided that at least fifteen days' notice shall be given for the meeting: Provided further that at least one-half of the members shall be required to form a quorum: Provided further that if the meeting is adjourned for want of a quorum, no quorum shall be necessary for the adjourned meeting. (4) The President of the Academy shall preside over the meetings, and in his absence the Vice-President, and in the absence of both the President and the Vice-President, any member elected by the members present shall preside over such meeting. (5) Each member shall have one vote and in the case of equality of votes, the President or the person presiding over the meeting shall have a second or casting vote. (6) At any meeting, a declaration by the President or the person presiding over such meeting that a resolution has been carried or lost shall be conclusive. (7) Proceedings of a meeting shall be recorded and circulated to the members of the Academy within three weeks of the meeting and shall be deemed to have been correctly recorded if no objection in writing is received from any member present at the meeting within a fortnight of their circulation, and the proceedings so circulated shall be submitted at the next meeting for information.",
"name": "Meeting of the Academy",
"related_acts": "",
"section_id": 9
},
{
"act_id": 569,
"details": "10. (1) There shall be a Karja Nirbahi Parishad for the management of the affairs of the Academy and for discharging the functions assigned to the Academy under this Ordinance. (2) The Parishad shall consist of the following members, namely:- (a) \tthe Mahaparichalak, ex-officio, who shall be the Chairman of the Parishad; (b)\tthree experts in the field of science and technology to be nominated by the Government; (c)\ttwo Heads of the Departments of Bengali from the Universities to be nominated by the Government; (d)\ttwo persons to be nominated by the Government, one of whom shall be from the Cultural Affairs and Sports Division and the other from the Ministry of Finance; (e)\tseven members to be elected by the Academy from its members in the prescribed manner; (f) \ttwo outstanding writers of the Bengali literature to be co-opted in the first meeting of the Parishad; and (g) \tthe Sachib, ex-officio, who shall also act as the Secretary of the Parishad. (3) The members other than the ex-officio members of the Parishad shall hold office for a period of three years. (4) A casual vacancy in the office of the members of the Parishad shall be filled by nomination, election or co-option according as the member whose vacancy is being filled was nominated, elected or co-opted, as the case may be, and the person so nominated, elected or co-opted shall hold office for the unexpired period of the term of his predecessor: Provided that it shall not be necessary to fill a casual vacancy for a period less than three months. (5) A member of the Parishad shall, after the expiry of his term, be eligible for fresh nomination, co-option or re-election.",
"name": "Constitution of the Parishad",
"related_acts": "",
"section_id": 10
},
{
"act_id": 569,
"details": "11. Without prejudice to the generality of the provision of sub-section (1) of section 10, the Parishad shall- (a) \thold, control and administer the property and funds of the Academy; (b)\tprepare and approve the annual budget before it is submitted to the Government; (c)\tcreate or abolish or amalgamate post or posts and appoint officers, including the Parichalak, Upo-Parichalak, Saha-Parichalak, on the recommendation of the Mahaparichalak: Provided that prior approval of the Government shall be obtained before making any appointment to a post which carries an initial salary of more than one thousand taka per mensem.",
"name": "Additional functions of the Parishad",
"related_acts": "",
"section_id": 11
},
{
"act_id": 569,
"details": "12. (1) The Parishad shall, on a date to be fixed by the Mahaparichalak, ordinarily meet once in four months: Provided that ten days' notice shall be required for holding the meeting. (2) The Mahaparichalak may, whenever he thinks necessary, and shall, upon a requisition in writing signed by two-thirds of the members, convene a special meeting: Provided that five members shall be required to form a quorum: Provided further that if the meeting is adjourned for want of a quorum, no quorum shall be necessary for the adjourned meeting. (3) The Mahaparichalak shall preside over the meetings of the Parishad, and in his absence, any member elected by the members present shall preside over such meeting. (4) Each member shall have one vote and in case of equality of votes, the chairman of the Parishad or the person presiding over the meeting shall have a second or casting vote. (5) Proceedings of the meeting of the Parishad shall be recorded and circulated to the members within seven days of the meeting and shall be deemed to have been correctly recorded if no objection in writing is received from any member present at the meeting within a fortnight of their circulation, and the proceedings so circulated shall be submitted at the next meeting for confirmation. (6) No act or proceedings of the Parishad shall be invalid by reason only of the existence of any vacancy in, or any defect in the constitution of, the Parishad.",
"name": "Meeting of the Parishad",
"related_acts": "",
"section_id": 12
},
{
"act_id": 569,
"details": "13. (1) There shall be Mahaparichalak who shall be appointed by the Government for such period and on such terms and conditions as may be determined by the Government. (2) If a vacancy occurs in the office of the Mahaparichalak or if the Mahaparichalak is unable to discharge the functions of his office on account of absence, illness or any other cause, the Sachib shall act as Mahaparichalak until a new Mahaparichalak is appointed or until the Mahaparichalak resumes the functions of his office, as the case may be. (3) The Mahaparichalak shall be the whole-time chief executive officer of the Academy and shall- (a) \timplement all decisions of the Parishad; (b) \tadminister the Academy properly and observe the provisions of this Ordinance and the rules made thereunder faithfully; (c) \tconvene meetings of the Academy and the Parishad; (d)\tmake temporary appointments of officers and other employees of the Academy for a period not exceeding four months in cases of immediate necessity and report the same to the Parishad at its next meeting; (e) \tinitiate policies for consideration and approval of the Parishad in addition to the policies initiated by its members with due notice; (f) \ttender advice to the Parishad as regards its financial matters; (g) \tpresent the annual statements of income and expenditure, that is, the annual budget of the Academy, before the Parishad and the Academy; (h)\tallow expenditure for making payment to the officers and other employees of the Academy and for its normal contingency for a period in between the passage of the budget and the close of the financial year; (i) \tdraw his travelling allowance bills; (j) \tapprove and countersign the travelling allowance bills of all other officers and employees including the members of the Parishad in the prescribed manner; (k)\tprepare a report on the activities of the Academy for each financial year for the approval of the Parishad and submit such report to the Academy at its Annual General Meeting; (l)\ttake, in case of an emergency, such action as he deems necessary: Provided that he shall report the action so taken to the Parishad at its next meeting, and to the Government, if so required, within fourteen days.",
"name": "Mahaparichalak",
"related_acts": "",
"section_id": 13
},
{
"act_id": 569,
"details": "14. (1) There shall be Sachib who shall be appointed by the Government from among the senior officers in the service of the Republic for such period and on such terms and conditions as may be determined by the Government. (2) If a vacancy occurs in the office of the Sachib or if the Sachib is unable to discharge the functions of his office on account of absence, illness or any other cause, the Mahaparichalak shall authorise the most senior Parichalak to discharge the function of the Sachib until a new Sachib is appointed or until the Sachib resumes the functions of his office, as the case may be. (3) The Sachib shall be the custodian of such records and properties of the Academy as the Parishad may commit to his charge and shall- (a) \tprepare the annual budget of the Academy and shall, with the approval of the Mahaparichalak, submit it to the Parishad for approval and thereafter to the Government for final approval; (b)\tget the accounts of the Academy audited and shall place the audit report through the Mahaparichalak before the Parishad at least thirty days prior to the date fixed for the Annual General Meeting; and the audit report approved by the Parishad shall be submitted before the Academy along with the budget; (c)\tprepare the annual report for each financial year on the activities of the Academy and the Parishad and submit the same to the Mahaparichalak for submission at the Annual General Meeting; (d) \tbe the Drawing and Disbursing Officer of the Academy and shall be the Custodian of all accounts of the Academy; (e) \tbe responsible for general supervision and vigilance over the working of the Divisions and the employees and shall submit once in a week a report to the Mahaparichalak.",
"name": "Sachib",
"related_acts": "",
"section_id": 14
},
{
"act_id": 569,
"details": "15. (1) There shall be a Parichalak for one or more Divisions of the Academy and he shall supervise and control the activities and functions of such Division: Provided that ordinarily not less than two Divisions shall be placed under one Parichalak. (2) There may be one or more Upo-Parichalaks or Saha-Parichalaks in each Division to assist the Parichalak.",
"name": "Parichalak, Upo-Parichalak and Saha-Parichalak",
"related_acts": "",
"section_id": 15
},
{
"act_id": 569,
"details": "16. (1) There shall be constituted a fund to be called the Bangla Academy Fund to which shall be credited- (a) \tgrants from the Government; (b) \tmembership fees; (c) \tdonation in cash or kind; (d) \tsale proceeds and royalties accruing from the publications of the Academy; and (e) \tsuch other funds as may be received by the Academy. (2) The Fund shall vest in, and shall be administered by the Academy and utilised for the purposes of this Ordinance in such manner as may be prescribed. (3) The Fund shall be kept in the name of the Academy in one or more banks to be approved by the Parishad. (4) All payments of a sum of Taka one hundred or above shall be made by crossed cheques. (5) The Sachib shall sign all cheques: Provided that all cheques for Taka two thousand or above shall be signed jointly by the Mahaparichalak and the Sachib: Provided further that all cheques drawn on the bank shall be prepared by the Cashier on the basis of the bills passed by the Accounts Officer and signed by the Sachib after proper checking of the payments to be made. (6) The Sachib shall have a permanent advance of Taka one thousand only for day to day expenditure of the Academy.",
"name": "Fund of the Academy",
"related_acts": "",
"section_id": 16
},
{
"act_id": 569,
"details": "17. The Academy shall, by such date in each financial year as may be directed by the Government submit to the Government for approval, a statement to be called the annual budget statement showing the estimated receipts and expenditure and the sums which are likely to be required from the Government during that financial year: Provided that no appropriation of amount from one head to another within the budget approved by the Government shall be made without the previous approval of the Government.",
"name": "Annual budget statement",
"related_acts": "",
"section_id": 17
},
{
"act_id": 569,
"details": "18. (1) The Academy shall maintain proper accounts, prepare annual statement of accounts and present the accounts for audit in such form as may be determined by it in consultation with the Comptroller and Auditor-General of Bangladesh, hereinafter referred to as the Auditor-General. (2) The accounts of the Academy shall be audited by the Auditor-General or any officer authorised by him every year in such manner as the Auditor-General may think fit.",
"name": "Accounts and audit",
"related_acts": "",
"section_id": 18
},
{
"act_id": 569,
"details": "19. The Academy shall furnish to the Government such reports, returns and statements as the Government may from time to time require.",
"name": "Returns, reports, etc.",
"related_acts": "",
"section_id": 19
},
{
"act_id": 569,
"details": "20. The Government may, if the circumstance so require, cause an enquiry to be made into the affairs of the Academy by any person or a committee and may direct the Academy to take such steps as may be necessary: Provided that when a person is appointed to hold the enquiry, he, and, when a committee is appointed, its Chairman, shall not be below the rank of a Joint Secretary to the Government.",
"name": "Power of enquiry by Government",
"related_acts": "",
"section_id": 20
},
{
"act_id": 569,
"details": "21. The Government may issue, in pursuance of its overall policy, directives or instructions to the Academy, which shall be acted upon in the manner specified in such directives or instructions.",
"name": "Government directions, etc.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 569,
"details": "22. The Mahaparichalak may direct that any of his powers and functions under this Ordinance shall subject to such conditions if any, as may be specified by him, be exercisable also by any other officer of the Academy.",
"name": "Delegation",
"related_acts": "",
"section_id": 22
},
{
"act_id": 569,
"details": "23. (1) The Parishad may, with prior approval of the Government, make rules for carrying out the purposes of this Ordinance. (2) Without prejudice to the generality of the power conferred by sub-section (1), such rules may provide for all or any of the following matters, namely:- (a) \tMembership of the Academy; (b) \tfunctions and conduct of work of different Divisions of the Academy; (c) \tterms and conditions of service of the officers and other employees of the Academy; (d) \tmanner of election of the Vice-President of the Academy and of the members of the Parishad; (e) \tmanner of drawing travelling allowance; (f) \tmeetings of the Academy and the Parishad; and (g) \tsuch other matters as may be considered necessary from time to time.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 23
},
{
"act_id": 569,
"details": "24. (1) The Bangla Academy Order, 1972 (P. O. No. 44 of 1972), hereinafter referred to as the said Order is hereby repealed. (2) Upon the repeal under sub-section (1),- (a)\tthe Bangla Academy, constituted under the said Order, hereinafter referred to as the dissolved Academy, shall stand dissolved; (b)\tuntil the Academy is constituted in accordance with the provisions of section 3, the President of the Academy, the Vice-President, Patrons, Fellows, Life Members and Members of the dissolved Academy shall be deemed to be the President, Vice-President, Patrons, Fellows, Life Members and Members of the Academy; (c)\tuntil the Parishad is constituted in accordance with the provisions of section 7 or until the expiry of the terms of members of the Parishad of the dissolved Academy, whichever is earlier, the Parishad of the dissolved Academy shall be deemed to be the Parishad constituted under section 7; (d)\tall assets, rights, powers, authorities and privileges, and all properties, movable and immovable, cash and bank balances, funds of the dissolved Academy and all other interests and rights shall stand transferred to, and vested in, the Academy; (e)\tall debts, liabilities and obligations of whatever kind of the dissolved Academy subsisting immediately before its dissolution shall be the debts, liabilities and obligations of the Academy; (f)\tall suits and other legal proceedings instituted by or against the dissolved Academy before its dissolution shall be deemed to have been instituted by or against the Academy; (g)\tservices of all officers including the Mahaparichalak and employees of the dissolved Academy shall, notwithstanding anything contained in any other contract or agreement or in the terms and conditions of service, stand transferred to the Academy and they shall be deemed to be the officers and employees of the Academy appointed by it on the same terms and conditions of service as were applicable to them in the dissolved Academy unless such terms and conditions are altered, not being to their disadvantage, by the Academy.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 24
}
],
"text": "An Ordinance to repeal and, with certain modifications re-enact the Bangla Academy Order, 1972. WHEREAS it is expedient to repeal and, with certain modifications, re-enact the Bangla Academy Order, 1972 (P.O. No. 44 of 1972), for the purpose of development, nourishment and promotion of Bengali language, literature and culture and for better administration of the affairs of the Bangla Academy; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 570,
"lower_text": [],
"name": "The Finance Ordinance, 1978",
"num_of_sections": 3,
"published_date": "30th June, 1978",
"related_act": [
570,
156
],
"repelled": false,
"sections": [
{
"act_id": 570,
"details": "1. (1) This Ordinance may be called the Finance Ordinance, 1978. (2) Except as otherwise provided in this Ordinance, this section and clause (16) of section 2, section 4 and section 6 shall come into force at once, clause (15) of section 2 shall come into force on the first day of July, 1979, and all other sections shall come into force on the first day of July, 1978.",
"name": "Short title and commencement",
"related_acts": "570",
"section_id": 1
},
{
"act_id": 570,
"details": "2. The following amendments shall be made in the Income-tax Act, 1922 (XI of 1922), namely:- (1)\tin section 2,- (a)\tin clause (6AA), after the words “registered firm”, the words, brackets, letter and figures “or a firm treated as registered under clause (b) of sub-section (5) of section 23” shall be inserted; (b)\tin clause (6C), the words, commas and brackets “and, in the case of a company having its registered office in taxable territories, the amount representing the face value of any bonus shares or the amount of any bonus declared, issued or paid to its shareholders with a view to increasing the paid up capital” shall be omitted; (2)\tin section 4,- (a)\tin sub-section (1),- (i)\tin the second proviso, the words “or unless they are brought into or received in taxable territories by him during such year” shall be omitted; and (ii)\tExplanation 4 shall be omitted; (b)\tin sub-section (2), after clause (xviii), the following new clause (xix) shall be added, namely:- “(xix) \tany capital gain received by an individual from sale of shares of public limited companies listed in a Stock Exchange, to the extent such gains do not exceed ten thousand taka.”; (3)\tin section 4A, in clause (a), after sub-clause (iii), the following new Explanation shall be added, namely:- “Explanation.- In the case of an individual, being a citizen of Bangladesh who is serving outside Bangladesh and who is or has been in Bangladesh on leave or vacation in the previous year, the provisions of sub-clauses (ii) and (iii) shall apply in relation to that year as if for the words “any time in that year” and “any time in that year otherwise than on an occasional or casual visit” respectively occurring in the said sub-clauses, the words “ninety days” were substituted.”; (4)\tin section 7, in sub-section (1), the second proviso shall be omitted; (5)\tin section 10, in sub-section (2), after clause (vib), the following new clause (vibb) shall be inserted, namely:- “(vibb) in respect of depreciation of such passenger vessels plying on inland waters and fishing trawlers registered in Bangladesh and brought into use in Bangladesh for the first time on any day between the first day of July, 1978 and the thirtieth day of June, 1983, being the property of the assessee, a sum equivalent to 40 per cent, 30 per cent and 30 per cent for the first, second and third year respectively on the original cost to the assessee, notwithstanding anything contrary contained in clause (vi): Provided that- (a)\tthe passenger vessel plying on the inland waters or the fishing trawler in respect of which the depreciation is claimed, fulfils such specifications as may be specified in this behalf by the Government by notification in the official Gazette; (b)\tthe prescribed particulars have been duly furnished; (c) \twhere the full effect cannot be given to such allowance in any year owing to there being no profits or gains chargeable for that year, or owing to the profits or gains chargeable being less than the allowance, then, subject to the provisions of clause (b) of the proviso to sub-section (2) of section 24, the allowance or the part of the allowance to which effect has not been given, as the case may be, shall be added to the amount of the allowance for depreciation for the following year and deemed to be the part of that allowance, or, if there is no such allowance for that year, be deemed to be the allowance for that year and so on for succeeding years; and (d)\tthe aggregate of all such allowances made under this Act shall, in no case, exceed the original cost to the assessee of the passenger vessel or the fishing trawler, as the case may be; and Provided further that the passenger vessel plying on the inland waters or the fishing trawler to which the depreciation at 40%, 30%, and 30% has been allowed shall not be entitled to the allowances as referred to in clause (vi);”; (6)\tin section 14A,- (a) \tin sub-section (2B), in clause (a), in sub-clause (ii), the words “and not more than ten crores taka” shall be omitted; (b) \tin sub-section (2D), in clause (a), in sub-clause (ii), the words “and not more than ten crores taka” shall be omitted; (7)\tin section 15,- (a)\tin sub-section (3), for the word “twenty” the word “thirty” shall be substituted; (b)\tsub-section (4) and the Explanation thereto shall be omitted; (8)\tin section 15A, in the first proviso, for the words and commas “twenty five per cent of such earned income chargeable under the head “salaries” up to twenty thousand taka plus twenty per cent of the balance, if any, of the said earned income but not exceeding, in any case, six thousand taka” the words and commas “thirty per cent of such earned income chargeable under the head “salaries” up to twenty thousand taka plus twenty-five per cent of the balance, if any, of the said earned income, but not exceeding, in any case, eight thousand taka” shall be substituted; (9) \tin section 16, in sub-section (3), the following new proviso shall be added, namely:- “Provided that nothing contained in sub-clauses (iii) and (iv) of clause (a) and clause (b) shall apply to any income from an asset transferred by an assessee by way of gift.”; (10) in section 18A,- (a)\tfor the words “additional amount of tax” or “additional tax” wherever occurring the words “simple interest” shall be substituted; (b)\tfor sub-sections (5), (5A) and (6) the following shall be substituted, namely:- “(5) The Government shall pay simple interest at ten per cent per annum on the amount by which the aggregate sum of advance tax paid under sub-sections (1), (2), (3) and (7) exceeds the amount of the tax determined under section 23 from the first day of April in the year in which the tax was paid up to the date of assessment under section 23 or a period of two years from the first day of April in which the tax was paid, whichever is earlier. (6)\tWhere in any year an assessee has paid tax under sub-section (2) or sub-section (3) on the basis of his own estimate and the tax so paid is less than seventy-five per cent of the tax determined on the basis of the assessment under section 23, hereinafter called the regular assessment, and calculated in the manner laid down in sub-section (1) so far as such tax relates to income to which the provisions of sub-sections (2), (2A) and (2B) of section 18 do not apply simple interest at the rate of one and a half per cent per mensem from the first day of April in the year in which the tax was paid up to the date of regular assessment or for a period of two years from the first day of April in which the tax was paid, whichever is earlier, shall be payable by the assessee upon the amount by which tax so paid falls short of the said seventy-five per cent: Provided that- (a)\twhere tax is paid under section 22A, or (b)\twhere a provisional assessment under section 23B has been made but regular assessment has not been made, the simple interest shall be calculated in accordance with the foregoing provisions- (i)\tup to the date on which tax under section 22A or as provisionally assessed was paid; and (ii)\tthereafter such simple interest shall be calculated at the rate aforesaid on the amount by which the tax as so paid, in so far as it relates to income to which the provisions of sub-sections (2), (2A) and (2B) of section 18 do not apply, falls short of the said seventy-five per cent: Provided further that, where, as a result of an appeal under section 31 or section 33 or of a revision under section 33A or of a reference to the High Court Division under section 66, the amount on which simple interest was payable under this sub-section has been reduced, the simple interest shall be reduced accordingly and the excess interest paid, if any, shall be refunded together with the amount of income-tax that is refundable: Provided further that, where a business, profession or vocation is newly set up and is assessable on the income, profits and gains of its first previous year in the year following that in which it is set up, the simple interest payable shall be computed from the first day of July of the said year.”; (11) \tin section 22, in sub-section (1A), for clause (ii) the following shall be substituted, namely:- “(ii)\tin all other cases, by the fifteenth day of September next following.”; (12) in section 23, for sub-section (5) the following shall be substituted, namely:- “(5) Notwithstanding anything contained in the foregoing sub-sections, when the assessee is a firm and the total income of the firm has been assessed under sub-section (1), sub-section (3) or sub-section (4), as the case may be,- (a)\tin the case of a registered firm, tax payable by the firm itself shall be determined and the total income of each partner of the firm, including therein his share of its income, profits and gains of the previous year, shall be assessed and the sum payable by him on the basis of such assessment shall also be determined: Provided that if such share of any partner is a loss it shall be set off against his other income or carried forward and set off in accordance with the provisions of section 24: Provided further that when any of such partner is a person not resident in taxable territories his share of the income, profits and gains in the firm shall be assessed on the firm at the rates which would be applicable if it were assessed on him personally, and the sum so determined as payable shall be paid by the firm; (b) \tin the case of an unregistered firm, the Deputy Commissioner of Taxes may proceed in the manner laid down in clause (a) as applicable to a registered firm, if, in his opinion, the aggregate amount of the tax including super-tax, if any, payable under such procedure would be greater than the aggregate amount which would be payable by the firm and the partners individually if the firm were assessed as an unregistered firm.”; (13) section 23A shall be omitted; (14) in section 24,- (a)\tin sub-section (1), for the second proviso the following proviso shall be substituted, namely:- “Provided further that where the assessee is an unregistered firm which has not been assessed under the provisions of clause (b) of sub-section (5) of section 23 in the manner applicable to a registered firm, any such loss shall be set off only against the income, profits and gains of the firm and not against the income, profits and gains of any of the partners of the firm; and where the assessee is a registered firm, any loss which cannot be set off against other income, profits and gains of the firm shall be apportioned between the partners of the firm and they alone shall be entitled to have the amount of the loss set off under this section.”; (b)\tin sub-section (2),- (i)\tin the proviso, for clauses (b) and (c) the following shall be substituted, namely:- “(b) where depreciation allowance is, under clause (b) of the proviso to clause (vi) or clause (b) of the proviso to clause (vibb) of sub-section (2) of section 10, also to be carried forward, effect shall first be given to this sub-section; (c) \tnothing herein contained shall entitle any assessee, being a registered firm, to have carried forward and set off any loss which has been apportioned between the partners, under the proviso to sub-section (1), or entitle any assessee, being a partner in an unregistered firm which has not been assessed under the provisions of clause (b) of sub-section (5) of section 23 in the manner applicable to a registered firm, to have carried forward and set off against his own income any loss sustained by the firm; (cc)\twhere an unregistered firm is assessed as a registered firm under clause (b) of sub-section (5) of section 23, during any year, its losses shall also be carried forward and set off under this section as if it were a registered firm;”; (ii)\tin Explanation 2, for paragraph (a) the following shall be substituted, namely:- “(a)\tno loss of an unregistered firm shall be carried forward and set off under this section, under any circumstances, against its income, profits and gains of the subsequent year if it is registered in that year under section 26A or is treated as a registered firm in such year under clause (b) of sub-section (5) of section 23; and”; (15)\tin section 26A, sub-section (6) shall be omitted; (16)\tin section 34, in sub-section (2), in the proviso, in clause (i),- (a) \tin sub-clause (e), the word “and” at the end shall be omitted; (b)\tafter sub-clause (e) amended as aforesaid, the following new sub-clause (ee) shall be inserted, namely:- “(ee)\tin relation to the income, profits or gains which were first assessable in the year 1973-74, the words “five years” were substituted; and”; (c)\tin sub-clause (f), for the figure “1974-75” the figure “1975-76” shall be substituted and shall be deemed to have been so substituted on and from the first day of July, 1977; (17) in section 44A, the comma and words “unless the Deputy Commissioner of Taxes is satisfied that there is an agent of such principal from whom the tax will be recoverable in the following year under the other provisions of this Act” shall be omitted; (18) in section 44B, in sub-section (3), for the words “tax thereon at the rate for the time being applicable to the total income of a company” the words and figure “income-tax at the rate of 30 per cent” shall be substituted; (19) in section 51, in sub-section (3), for the figure and letter “38A” the figure and letters “38AA” shall be substituted; (20) in section 66, for the words “High Court” and “Supreme Court” wherever occurring the words “High Court Division” and “Appellate Division” shall, respectively, be substituted; (21) in section 66A, for the words “High Court” and “Supreme Court” wherever occurring the words “High Court Division” and “Appellate Division” shall, respectively, be substituted.",
"name": "Amendments of Act XI of 1922",
"related_acts": "",
"section_id": 2
},
{
"act_id": 570,
"details": "3. In the Motor Vehicles Tax Act, 1932 (Ben. Act I of 1932), for the First Schedule the following shall be substituted, namely:-",
"name": "Amendment of the Ben. Act I of 1932",
"related_acts": "156",
"section_id": 3
}
],
"text": "An Ordinance 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; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 571,
"lower_text": [],
"name": "The Appropriation (Railways Supplementary) Ordinance, 1978",
"num_of_sections": 3,
"published_date": "30th June, 1978",
"related_act": [
571
],
"repelled": false,
"sections": [
{
"act_id": 571,
"details": "1. This Ordinance may be called the Appropriation (Railways Supplementary) Ordinance, 1978.",
"name": "Short title",
"related_acts": "571",
"section_id": 1
},
{
"act_id": 571,
"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 fourteen crores eighty-four lakhs and sixty thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1978, in respect of Bangladesh Railways for the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 14,84,60,000 out of the Consolidated Fund for the year 1977-78",
"related_acts": "",
"section_id": 2
},
{
"act_id": 571,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Ordinance shall be appropriated in respect of Bangladesh Railways for the services and purposes expressed in the Schedule in relation to the financial year ending on the thirtieth day of June, 1978.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Ordinance to authorise expenditure of certain further sums in respect of Bangladesh Railways from and out of the consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1978. WHEREAS it is expedient to authorise expenditure of certain further sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1978; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975 and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 572,
"lower_text": [],
"name": "The Appropriation (Railways) Ordinance, 1978",
"num_of_sections": 3,
"published_date": "30th June, 1978",
"related_act": [
572
],
"repelled": false,
"sections": [
{
"act_id": 572,
"details": "1. This Ordinance may be called the Appropriation (Railways) Ordinance, 1978.",
"name": "Short title",
"related_acts": "572",
"section_id": 1
},
{
"act_id": 572,
"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 one hundred twenty-four crores sixty-seven lakhs forty thousand towards defraying the several charges which will come in course of payment during the period beginning on the first day of July, 1978 and ending on the thirtieth day of June, 1979, in respect of Bangladesh Railways for the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 124,67,40,000 from and out of the Consolidated Fund for the period beginning on the first day of July, 1978 and ending on the thirtieth day of June, 1979",
"related_acts": "",
"section_id": 2
},
{
"act_id": 572,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Ordinance 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 Ordinance to authorise expenditure of certain sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the period beginning on the first day of July, 1978 and ending on the thirtieth day of June, 1979. WHEREAS it is expedient to authorise expenditure of certain sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the period beginning on the first day of July, 1978 and ending on the thirtieth day of June, 1979; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975 and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 573,
"lower_text": [],
"name": "The Appropriation (Supplementary) Ordinance, 1978",
"num_of_sections": 3,
"published_date": "30th June, 1978",
"related_act": [
573
],
"repelled": false,
"sections": [
{
"act_id": 573,
"details": "1. This Ordinance may be called the Appropriation (Supplementary) Ordinance, 1978.",
"name": "Short title",
"related_acts": "573",
"section_id": 1
},
{
"act_id": 573,
"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 nine hundred seven crores eighty-eight lakhs and thirty-six thousands towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1978 in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 907,88,36,000 out of the Consolidated Fund for the year 1977-78",
"related_acts": "",
"section_id": 2
},
{
"act_id": 573,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Ordinance 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, 1978.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Ordinance to authorise expenditure 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, 1978. WHEREAS it is expedient to authorise expenditure 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, 1978; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 574,
"lower_text": [],
"name": "The Appropriation Ordinance, 1978",
"num_of_sections": 3,
"published_date": "30th June, 1978",
"related_act": [
574
],
"repelled": false,
"sections": [
{
"act_id": 574,
"details": "1. This Ordinance may be called the Appropriation Ordinance, 1978.",
"name": "Short title",
"related_acts": "574",
"section_id": 1
},
{
"act_id": 574,
"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 four thousand six hundred eighty-five crores, fourteen lakhs and eighty-nine thousand towards defraying several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1979, in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 4685,14,89,000 out of the Consolidated Fund for the year 1978-79",
"related_acts": "",
"section_id": 2
},
{
"act_id": 574,
"details": "3. The sums authorised to be paid and applied from and out of the Consolidated Fund by this Ordinance 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, 1979.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Ordinance to authorise expenditure of certain sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1979. WHEREAS it is expedient to authorise expenditure of certain sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1979; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 575,
"lower_text": [],
"name": "The Asian Reinsurance Corporation Ordinance, 1978",
"num_of_sections": 6,
"published_date": "17th July, 1978",
"related_act": [
575
],
"repelled": true,
"sections": [
{
"act_id": 575,
"details": "1. This Ordinance may be called the Asian Reinsurance Corporation Ordinance, 1978.",
"name": "Short title",
"related_acts": "575",
"section_id": 1
},
{
"act_id": 575,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context ,- (a) \t“Agreement” means the Agreement establishing the Asian Reinsurance Corporation; (b)\t“Corporation” means the Asian Reinsurance Corporation established by the Agreement.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 575,
"details": "3. (1) Subscription of the shares of the capital stock of the Corporation shall be arranged by the Government pursuant to provisions of Article III of the Agreement. (2) If the Sadharan Bima Corporation participates in the purchase of the Capital stock by an arrangement made under Article III of the Agreement, it shall be paid its proportionate share of any sums received from the Corporation which are related to subscriptions made towards capital stock.",
"name": "Financial Provisions",
"related_acts": "",
"section_id": 3
},
{
"act_id": 575,
"details": "4. (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.",
"name": "Certain provisions of the Agreement to have force of law",
"related_acts": "",
"section_id": 4
},
{
"act_id": 575,
"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": 575,
"details": "6. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 6
}
],
"text": "An Ordinance to provide for the implementation of the Agreement establishing the Asian Reinsurance Corporation. WHEREAS the People’s Republic of Bangladesh is a signatory to the Agreement establishing the Asian Reinsurance Corporation and it is expedient to provide for the implementation of that Agreement and for carrying out the obligations of the Republic as a member of that Corporation and for matters connected therewith; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 576,
"lower_text": [],
"name": "The Political Parties Ordinance, 1978",
"num_of_sections": 8,
"published_date": "18th November, 1978",
"related_act": [
576
],
"repelled": false,
"sections": [
{
"act_id": 576,
"details": "1. This Ordinance may be called the Political Parties Ordinance, 1978.",
"name": "Short title",
"related_acts": "576",
"section_id": 1
},
{
"act_id": 576,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“foreign aided party” means a political party which- (i)\thas been formed or organised at the instance of any Government or political party of a foreign country; or (ii)\tis affiliated to or associated with any Government or political party of a foreign country; or (iii)\treceives any aid, financial or otherwise, from any Government, political party or national of a foreign country; (b)\t“political party” includes a group or combination of persons who operate under a distinctive name and who hold themselves out for the purpose of propagating any political opinion or engaging in any other political activity.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 576,
"details": "3. (1) No political party shall be formed with the object of propagating any opinion, or acting in a manner, prejudicial to the sovereignty, integrity or security of Bangladesh. (2) No person shall form, organise, set up or convene a foreign aided party or in any way be associated with any such party.",
"name": "Formation of certain political parties prohibited",
"related_acts": "",
"section_id": 3
},
{
"act_id": 576,
"details": "4. No political party shall- (a)\tmaintain any secret or underground organisation, group or agency, or engage in any secret or underground activity; or (b)\torganise or maintain any armed cadre, volunteer corps or any other organisation, by whatever name called, which is intended or is likely to operate like a disciplined force.",
"name": "Underground activity and armed cadre prohibited",
"related_acts": "",
"section_id": 4
},
{
"act_id": 576,
"details": "5. All funds of a political party shall be maintained and operated through a scheduled bank.",
"name": "Funds to be operated through bank account",
"related_acts": "",
"section_id": 5
},
{
"act_id": 576,
"details": "6. (1) Where the Government is of the opinion that any political party has been formed or is operating in contravention of section 3 or has contravened any provision of section 4 or section 5, it shall refer the matter to the High Court Division, and the decision of the High Court Division on such question, given after hearing the person or persons concerned, shall be final: Provided that if the Government deems it necessary in the public interest so to do, it may, by order published in the official Gazette, direct such political party to suspend its operation or activity until the High Court Division has given its decision on the reference, and upon the publication of the order, the political party shall suspend its operation or activity. (2) Where the High Court Division, upon a reference under sub-section (1), has given a decision that a political party has been formed or is operating in contravention of section 3 or has contravened any provision of section 4 or section 5, the decision shall be published in the official Gazette, and upon such publication, the political party concerned shall stand dissolved and all its properties and funds shall be forfeited to the Government.",
"name": "Reference to High Court Division regarding certain political parties",
"related_acts": "",
"section_id": 6
},
{
"act_id": 576,
"details": "7. If any person after the publication of any order in respect of a political party under the proviso to section 6(1) or the dissolution of a political party under section 6(2), holds himself out as a member or office bearer of that party, or acts for, or otherwise associates himself with, that party, he 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": 7
},
{
"act_id": 576,
"details": "8. No prosecution under this Ordinance shall be instituted against any person without the previous sanction in writing of the Government.",
"name": "Sanction for prosecution",
"related_acts": "",
"section_id": 8
}
],
"text": "An Ordinance to provide for the formation and regulation of political parties. WHEREAS it is expedient to provide for the formation and regulation of political parties; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 577,
"lower_text": [
"1 The words “a church or” were inserted by section 2 of the Foreign Donations (Voluntary Activities) Regulation (Amendment) Ordinance, 1982 (Ordinance No. XXXII of 1982)",
"2 The words “partially or entirely with external assistance” were inserted by section 2 of the Foreign Donations (Voluntary Activities) Regulation (Amendment) Ordinance, 1982 (Ordinance No. XXXII of 1982)",
"3 Section 6A was inserted by section 4 of the Foreign Donations (Voluntary Activities) Regulation (Amendment) Ordinance, 1982 (Ordinance No. XXXII of 1982)",
"4 The existing provision of section 6 was numbered as “6. (1)” by section 3 of the Foreign Donations (Voluntary Activities) Regulation (Amendment) Ordinance, 1982 (Ordinance No. XXXII of 1982)",
"5 The words and commas “it may, by order, cancel the registration of such person or organisation or” were substituted for the words and commas “it may, by order,” by section 3 of the Foreign Donations (Voluntary Activities) Regulation (Amendment) Ordinance, 1982 (Ordinance No. XXXII of 1982)",
"6 Sub-section (2) was added by section 3 of the Foreign Donations (Voluntary Activities) Regulation (Amendment) Ordinance, 1982 (Ordinance No. XXXII of 1982)"
],
"name": "The Foreign Donations (Voluntary Activities) Regulation Ordinance, 1978",
"num_of_sections": 8,
"published_date": "20th November, 1978",
"related_act": [
577
],
"repelled": true,
"sections": [
{
"act_id": 577,
"details": "1. This Ordinance may be called the Foreign Donations (Voluntary Activities) Regulation Ordinance, 1978.",
"name": "Short title",
"related_acts": "577",
"section_id": 1
},
{
"act_id": 577,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“foreign donation” means a donation, contribution or grant of any kind made for any voluntary activity in Bangladesh by any foreign Government or organisation or a citizen of a foreign State and includes, except in the case of a donation made for such charity as the Government may specify any donation made for any voluntary activity in Bangladesh by a Bangladeshi citizen living or working abroad; (b)\t“organisation” means 1a church or a body of persons, called by whatever name, whether incorporated or not, established by persons for the purpose of undertaking or carrying on any voluntary activity in Bangladesh; (c)\t“prescribed” means prescribed by rules made under this Ordinance; and (d)\t“voluntary activity” means an activity undertaken or carried on 2partially or entirely with external assistance by any person or organisation of his or its own free will to render agricultural, relief, missionary, educational, cultural, vocational, social welfare and developmental services and shall include any such activity as the Government may, from time to time, specify to be a voluntary activity.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 577,
"details": "3. (1) Notwithstanding anything contained in any other law for the time being in force, no person or organisation shall, save as provided in this Ordinance, undertake or carry on any voluntary activity without prior approval of the Government nor shall any person or organisation receive or operate, except with prior permission of the Government, any foreign donation for the purpose of undertaking or carrying on any voluntary activity. (2) A person or organisation receiving or operating any foreign donation for the purpose of undertaking or carrying on any voluntary activity shall register himself or itself with such authority and in such manner as the Government may specify. (3) Except in such cases as the Government may, by order in writing, exempt, all persons and organisations undertaking or carrying on voluntary activities with foreign donation, in whole or in part, shall submit to such authority and by such date as the Government may, by notification in the official Gazette, specify a declaration showing therein the foreign donation received by them, the source from which it has been received and the manner in which it has been utilised: Provided that, in a case where the Government considers it necessary, it may, by order, require such declaration to be submitted at any time to be specified in the order. (4) A person or organisation carrying on any voluntary activity immediately before the commencement of this Ordinance may continue so to carry on a voluntary activity for a period not exceeding six (6) months from such commencement unless the Government has, upon an application made in this behalf in such form and containing such particulars as the Government may direct, granted him or it a permission to continue so to undertake or carry on thereafter. (5) Nothing in this section shall apply to an organisation established by or under any law or the authority of the Government.",
"name": "Regulation of voluntary activity",
"related_acts": "",
"section_id": 3
},
{
"act_id": 577,
"details": "4. (1) The Government may, at any time, for reason to be recorded in writing, cause an inspection to be made, by one or more of its officers, of the books of accounts and other documents of any person or organisation required to submit declaration under sub-section (3) of section 3, and, where necessary, direct all such books of accounts and other documents to be seized. (2) Every such person or organisation shall produce books of accounts and other documents and furnish such statements and information to such officer or officers as such officer or officers may require in connection with the inspection under sub-section (1). (3) Failure to produce any books of accounts or other documents or to furnish any statement or information required under sub-section (2) shall be deemed to be contravention of the provisions of this Ordinance.",
"name": "Power of inspection",
"related_acts": "",
"section_id": 4
},
{
"act_id": 577,
"details": "5. (1) Every person and organisation referred to in sub-section (1) of section 3 shall maintain his or its accounts in such manner and form as the Government may specify. (2) The accounts of every such person or organisation shall be audited by such person or persons as the Government may direct and two copies of the accounts so audited shall be furnished to the Government within two months after the financial year to which the accounts relate.",
"name": "Audit and accounts",
"related_acts": "",
"section_id": 5
},
{
"act_id": 577,
"details": "36A. No Court shall take cognizance of an offence under this Ordinance or any rules made thereunder except on a complaint made by the Government.",
"name": "Cognizance of offence",
"related_acts": "",
"section_id": 6
},
{
"act_id": 577,
"details": "6. 4(1) If the Government is satisfied that any person or organisation referred to in sub-section (1) of section 3 has failed to submit a declaration under sub-section (3) of that section or wilfully submitted or caused to be submitted a declaration which he or it knows or has reason to believe to be false or has otherwise contravened any provision of this Ordinance, 5it may, by order, cancel the registration of such person or organisation or stop any voluntary activity undertaken or carried on by such person or organisation: Provided that no order under this section shall be made without giving such person or organisation a reasonable opportunity of being heard. 6(2) Notwithstanding anything contained in sub-section (1), whoever receives or operates any foreign donation in contravention of the provisions of this Ordinance or any rules made thereunder shall be liable to pay a penalty of double the amount or value of the donation received or, as the case may be, operated, or to imprisonment for a term which may extend to three years or both.",
"name": "Penalty for false declaration, etc.",
"related_acts": "",
"section_id": 7
},
{
"act_id": 577,
"details": "7. The Government may, by notification in the official Gazette, make rules to carry out the purpose of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 8
}
],
"text": "An Ordinance to regulate the receipts and expenditure of foreign donations for voluntary activities. WHEREAS it is expedient to regulate receipts and expenditure of foreign donations for voluntary activities; NOW, THEREFORE, in pursuance of the proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 578,
"lower_text": [
"1 The words and commas “shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both, and such vehicle shall be liable to be confiscated to the Government” were substituted for the words “shall be punishable with fine which may extend to two hundred Taka” by section 2 of the Chittagong Metropolitan Police (Amendment) Ordinance, 1984 (Ordinance No. XXV of 1984)",
"2 Section 74A was inserted by section 3 of the Chittagong Metropolitan Police (Amendment) Ordinance, 1984 (Ordinance No. XXV of 1984)"
],
"name": "The Chittagong Metropolitan Police Ordinance, 1978",
"num_of_sections": 115,
"published_date": "22nd November, 1978",
"related_act": [
578,
354,
75,
12,
159
],
"repelled": false,
"sections": [
{
"act_id": 578,
"details": "1. (1) This Ordinance may be called the Chittagong Metropolitan Police Ordinance, 1978. (2) It extends to the Chittagong Metropolitan Area. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Short title, extent and commencement",
"related_acts": "578",
"section_id": 1
},
{
"act_id": 578,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“cattle” includes elephants, horses, asses, mules, sheep, goats and swine; (b)\t“Code” means the Code of Criminal Procedure, 1898 (V of 1898); (c)\t“Chittagong Metropolitan Area” or “Metropolitan Area” means the area described in Schedule I; (d)\t“Force” means the Chittagong Metropolitan Police constituted under this Ordinance; (e)\t“Inspector-General” means the Inspector-General of Police appointed under the Police Act, 1861 (V of 1861); (f)\t“place” includes a building, tent, booth, enclosure or any other erection, whether permanent or temporary; (g)\t“place of public amusement” means any place where music, singing, dancing or any game or diversion, or the means of carrying on the same, is provided and to which the public are admitted, either on payment of money or with the intention that money may be collected from those admitted, and includes a race course, circus, theatre, cinema, music-hall, billiard room, gymnasium, swimming pool or dancing hall; (h)\t“place of public entertainment” means any place in which the public are admitted and where any kind of food, drink or intoxicating drug is supplied for consumption, and includes a lodging-house, boarding-house, residential hotel, refreshment room, eating house, tea shop, liquor house, hotel, restaurant, ganja shop, bhang shop and opium shop; (i)\t“Police Commissioner”, “Additional Police Commissioner”, “Deputy Police Commissioner” and “Assistant Police Commissioner” shall mean respectively the Police Commissioner, an Additional Police Commissioner, a Deputy Police Commissioner and an Assistant Police Commissioner appointed under section 7; (j)\t“police-officer” means any member of the Force appointed under this Ordinance and includes an auxiliary police-officer appointed under section 10 or any member of any other police-force discharging, for the time being, any duties under this Ordinance; (k)\t“prescribed” means prescribed by rules made under this Ordinance; (l)\t“public place” includes a bank of a river or canal, a jetty, public building or monument and the precincts thereof, and all places accessible to the public for drawing water, washing or bathing or for the purpose of recreation; (m)\t“street” includes any road, lane, footway, square, Court, alley or passage whether a thoroughfare or not, to which the public have, temporarily or permanently, a right of access; (n)\t“subordinate officer” means a police officer below the rank of Assistant Police Commissioner; (o) \t“superior officer” means the Police Commissioner, an Additional Police Commissioner, a Deputy Police Commissioner and an Assistant Police Commissioner; (p)\t“vehicle” means any carriage, cart, van, truck, handcart, bicycle, tricycle, motor cycle, rickshaw or any other wheeled conveyance of any description capable of being used on the street.",
"name": "Definitions",
"related_acts": "75,12",
"section_id": 2
},
{
"act_id": 578,
"details": "3. The provisions of the Police Act, 1861 (V of 1861), so far only as they are not inconsistent with any provision of this Ordinance, shall apply to the Chittagong Metropolitan Area.",
"name": "Application of Act V of 1861",
"related_acts": "12",
"section_id": 3
},
{
"act_id": 578,
"details": "4. Notwithstanding anything contained in the Code, the Chittagong Metropolitan Area shall not, unless otherwise provided by or under this Ordinance, be under the charge of any District Magistrate for any of the purposes of this Ordinance.",
"name": "Jurisdiction of District Magistrate barred in certain cases",
"related_acts": "",
"section_id": 4
},
{
"act_id": 578,
"details": "5. (1) There shall be a separate police-force for the Chittagong Metropolitan Area to be called the Chittagong Metropolitan Police. (2) The Force shall consist of such number of officers in the several ranks and shall be constituted in such manner and shall have such organisation as the Government may, from time to time, direct.",
"name": "Constitution of the Force",
"related_acts": "",
"section_id": 5
},
{
"act_id": 578,
"details": "6. The Superintendence of the Force shall vest in the Government.",
"name": "Superintendence of the Force",
"related_acts": "",
"section_id": 6
},
{
"act_id": 578,
"details": "7. (1) The Government shall appoint a Police Commissioner who shall, subject to the control of the Inspector-General, exercise such powers and perform such duties as are or may be provided by or under this Ordinance. (2) The Government may appoint one or more Additional Police Commissioners, Deputy Police Commissioners and Assistant Police Commissioners who shall assist the Police Commissioner in the exercise of his powers and performance of his duties and shall exercise such of the powers and perform such of the duties of the Police Commissioner as may be delegated to them by the Police Commissioner by general or special order in writing. (3) The Police Commissioner, an Additional Police Commissioner, a Deputy Police Commissioner and an Assistant Police Commissioner shall be appointed in such manner and on such terms and conditions as the Government may, from time to time, determine.",
"name": "Police Commissioner, Additional Police Commissioners, Deputy Police Commissioners and Assistant Police Commissioners",
"related_acts": "",
"section_id": 7
},
{
"act_id": 578,
"details": "8. (1) There shall be such number of Inspectors and other classes of subordinate officers of the Force as the Government may, from time to time, determine. (2) The appointment of Inspectors shall be made by the Inspector-General of Police and the appointment of all other subordinate officers shall be made by such superior officer not below the rank of Deputy Police Commissioner as the Police Commissioner may, by order in writing, specify in this behalf. (3) The appointment of subordinate officers shall be made in such manner and on such terms and conditions as may be prescribed. (4) Every subordinate officer shall, on appointment, receive a certificate in the form set out in Schedule II under the seal and signature of the Police Commissioner or of the superior officer making the appointment. (5) A certificate of appointment shall be cancelled whenever the person named therein ceases to belong to the Force and shall remain inoperative during the period of his suspension from the force.",
"name": "Appointment of subordinate officers",
"related_acts": "",
"section_id": 8
},
{
"act_id": 578,
"details": "9. Notwithstanding anything contained in this Ordinance or in the Police Act, 1861 (V of 1861), or in any other law for the time being in force, the Government or the Inspector-General may transfer a police-officer appointed under this Ordinance to the Police Force constituted under the Police Act, 1861 (V of 1861), and police-officer appointed under that Act to the police-force constituted under this Ordinance, and on such transfer such police-officer shall, for all purposes, be deemed to be a police-officer appointed under the law under which the police-force to which he is transferred is constituted.",
"name": "Transfer",
"related_acts": "12,12",
"section_id": 9
},
{
"act_id": 578,
"details": "10. (1) The Police Commissioner may appoint any person to be an auxiliary police-officer to assist the Force on any occasion when he is of opinion that the Force is in need of such assistance. (2) Every auxiliary police-officer shall, on appointment,- (a) \treceive a certificate in the form set out in Schedule II; (b) \thave the same powers and immunities, be liable to perform the same duties, be amenable to the same penalties and be subject to the same authority as any other police-officer.",
"name": "Auxiliary police-officer",
"related_acts": "",
"section_id": 10
},
{
"act_id": 578,
"details": "11. The Police Commissioner may, from time to time, make such orders, not inconsistent with any provision of this Ordinance and the rules made thereunder, as he deems expedient relating to- (a) \tthe inspection of the Force; (b) \tthe collection and communication by police-officers of information and intelligence; (c) \tthe description and quantity of arms, accoutrements, clothing and other necessaries to be supplied to the Force; (d) \tthe places of residence of members of the Force; (e) \tthe institution, management and regulation of any fund for any purpose connected with administration and welfare of the Force. (f) \tthe duties to be performed by police-officers of different ranks and the manner in which and the conditions subject to which police-officers shall exercise their powers and perform their duties; (g) \tthe efficiency and discipline of the Force; (h) \tthe prevention of abuse of powers and neglect of duties by police-officers.",
"name": "Power of Police Commissioner to make orders for administration of the Force",
"related_acts": "",
"section_id": 11
},
{
"act_id": 578,
"details": "12. (1) Subject to the provisions of Article 135 of the Constitution and such rules as may be made by the Government in this behalf, the Police Commissioner may, by order in writing stating reasons therefore, award any one or more of the following punishments to any subordinate officer whom he finds to be guilty of disobedience, breach of discipline, misconduct, corruption, neglect of duty or remissness in discharge of any duty, or of any act rendering him unfit for the discharge of his duty, 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 one month; (h) \tforfeiture of increment in pay; (i) \tfine to any amount not exceeding one month's pay; (j)\tconfinement to quarter-guard for a term not exceeding thirty days; (k)\tconfinement to police lines for a term not exceeding thirty days with or without extra drill, extra guard, fatigue or other duty; (l)\tcensure; (m)\tpunishment drill for two hours daily for a term not exceeding fourteen days. Explanation.- “misconduct” means conduct prejudicial to good order or service discipline or contrary to the Government Servants (Conduct) Rules, 1966 or unbecoming an officer or gentleman. (2) The power of punishment conferred on the Police Commissioner by sub-section (1) may also be exercisable, in the case of any subordinate officer other than an Inspector, by any superior officer not below the rank of Deputy Police Commissioner. (3) The Police Commissioner, or any other superior officer authorised by him in this behalf, may place under suspension any subordinate officer against whom action under sub-section (1) is required to be taken or against whom any enquiry is required to be made. (4) Nothing in sub-section (1) shall affect any police-officer's liability to a criminal prosecution or any offence with which he may be charged.",
"name": "Punishment of subordinate officers",
"related_acts": "",
"section_id": 12
},
{
"act_id": 578,
"details": "13. (1) Every police-officer not on leave or under suspension shall be deemed to be always on duty. (2) Notwithstanding anything contained in this Ordinance, every police-officer may, if the Inspector-General so directs, at any time, be employed on police duty in any place outside the Metropolitan Area.",
"name": "Police-officer to be deemed always on duty",
"related_acts": "",
"section_id": 13
},
{
"act_id": 578,
"details": "14. No subordinate officer shall resign his office or withdraw himself from the duties thereof except with the written permission of an officer not below the rank of his appointing authority.",
"name": "Resignation of subordinate officers",
"related_acts": "",
"section_id": 14
},
{
"act_id": 578,
"details": "15. It shall be the duty of every police-officer- (a) \tpromptly to serve every summons and obey and execute every warrant or other order lawfully issued to him by competent authority, and to endeavour by all lawful means to give effect to the lawful commands of his superiors; (b)\tto the best of his ability to obtain intelligence concerning the commission of cognizable offences or designs to commit such offences, and to lay such information and to take such other steps, consistent with law and the orders of his superiors, as are best calculated to bring offenders to justice or to prevent the commission of cognizable offences, or the commission of non-cognizable offences within his view; (c)\tto the best of his ability to prevent the commission of public nuisances; (d)\tto apprehend without unreasonable delay all persons whom he is legally authorised to apprehend and for whose apprehension there is sufficient reason; (e)\tto aid another police-officer, when called on by him or in case of need in the discharge of his duty, in such ways as would be lawful and reasonable on the part of the officer aided; (f) \tto discharge such duties as are imposed upon him by any law for the time being in force.",
"name": "General duties of police-officers",
"related_acts": "",
"section_id": 15
},
{
"act_id": 578,
"details": "16. It shall be the duty of every police-officer- (a) \tto afford every assistance within his power to disabled or helpless persons in the streets, and to take charge of intoxicated persons and of lunatics at large who appear to be dangerous or incapable of taking care of themselves; (b)\tto take prompt measures to procure necessary help for any person under arrest or in custody who is wounded or sick, and, while guarding or conducting any such person, to have due regard to his condition; (c)\tto arrange for the proper sustenance and shelter of every person who is under arrest or in custody; (d)\tin conducting searches, to refrain from needless rudeness and the causing of unnecessary annoyance; (e)\tin dealing with women and children, to act with strict regard to decency and with reasonable gentleness; (f)\tto use his best endeavours to prevent any loss or damage by fire; (g)\tto use his endeavours to avert any accident or danger to the public.",
"name": "Duties of police-officers towards the public and arrested persons",
"related_acts": "",
"section_id": 16
},
{
"act_id": 578,
"details": "17. It shall be the duty of every police-officer- (a)\tto regulate and control the traffic in the streets; (b)\tto prevent constructions in the streets; (c)\tto the best of his ability to prevent the infraction of any rule, regulation or order made under this Ordinance or any other law for the time being in force for observance by the public in or near the streets; (d)\tto keep order in the streets, and at and within public bathing, washing and landing places, fairs and all other places of public resort, and in the neighbourhood of places of public worship during the time of public worship; (e) \tto regulate resort to public bathing, washing and landing places, to prevent overcrowding threat and in public ferry-boats and, to the best of his ability, to prevent the infraction of any rule, regulation or order lawfully made for observance by the public at any such place or on any such boat.",
"name": "Duties of police-officers to keep order in streets, etc.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 578,
"details": "18. All persons shall be bound to conform to the reasonable directions of a police-officer given in fulfilment of any of his duties under this Ordinance.",
"name": "Persons bound to conform to reasonable directions given by police-officers",
"related_acts": "",
"section_id": 18
},
{
"act_id": 578,
"details": "19. A police-officer may restrain or remove any person resisting or refusing or omitting to conform to any direction referred to in section 18 and may either take such person before a Magistrate or, in trivial cases, release him when the occasion is past.",
"name": "Power of police-officers to enforce their directives",
"related_acts": "",
"section_id": 19
},
{
"act_id": 578,
"details": "20. A police-officer may lay any information before a Magistrate and apply for any legal process as may by law issue against any person committing an offence.",
"name": "Power of police-officers to lay information, etc.",
"related_acts": "",
"section_id": 20
},
{
"act_id": 578,
"details": "21. When in a street or a place of public resort a person has possession or apparent possession of any article which a police-officer in good faith suspects to be stolen property, such police-officer may search for and examine the same and may require an account thereof, and, should the account given by the possessor be manifestly false or suspicious, may detain such article and report the facts to a Magistrate, who shall thereon proceed according to sections 523 and 525 of the Code.",
"name": "Power of police-officers to search suspected persons in streets, etc.",
"related_acts": "",
"section_id": 21
},
{
"act_id": 578,
"details": "22. Whenever a direction under section 28 has been given, or a notification under section 29 has been promulgated, or an order under section 30, 32 or 33 has been made, or a public notice under section 31 has been issued, it shall be lawful for a police-officer to require any person acting or about to act contrary thereto to desist or to abstain from so doing, and, in case of refusal or disobedience, to arrest the person offending, and such police-officer may also seize any objection or thing used or about to be used in contravention of such direction, notification, order or public notice, and the thing seized shall be disposed of according to the order of the Magistrate.",
"name": "Enforcement of directions, notifications, public notices and orders given, issued or made under sections 28, 29, 30, 31, 32 or 33",
"related_acts": "",
"section_id": 22
},
{
"act_id": 578,
"details": "23. (1) It shall be the duty of every police-officer to take temporary charge- (a) \tof all unclaimed movable property found by, or made over to him; and (b)\tof all movable property found lying in any public place or street, if the owner or person in charge of such property, on being directed to remove the same, refuses or omits to do so. (2) A police-officer taking charge of any property under sub-section (1) shall hand over the property to the Officer-in-Charge of the police station concerned and report the matter to the Police Commissioner forthwith. (3) If such property appears to have been left by a person who has died intestate, and not to be under five thousand Taka in value, the Police Commissioner shall communicate with the Administrator General, with a view to its being dealt with under the Administrator-General's Act, 1913 (III of 1913), or any other law for the time being in force. (4) In every other case the Police Commissioner shall issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto to appear before him or some other officer whom he appoints in this behalf and establish his claim within three months from the date of such proclamation. (5) If the property, or any part thereof, is subject to speedy and natural decay, or consists of livestock, or if the property appears to be of a value of less than five hundred Taka, it may forthwith be sold by auction under the orders of the Police Commissioner and the net proceeds of such sale shall be dealt with in the same manner as is hereinafter provided for the disposal of the said property. (6) The Police Commissioner shall, on being satisfied of the title of the claimant to the possession of any property referred to in sub-section (4), order the same to be delivered to him, after deduction or payment of the expenses property incurred by the Police in the seizure and detention thereof. (7) The Police Commissioner may at his discretion, before making any order under sub-section (6), take such security as he may think proper from the person to whom the said property is to be delivered; and nothing hereinbefore contained shall affect the right of any person to recover the whole or any part of such property from the person to whom it may have been delivered pursuant to such order. (8) If no person establishes his claim to such property within the period prescribed in sub-section (4), it shall be at the disposal of the Government and the property, or such part thereof as has not already been sold under sub-section (5), may be sold by auction under orders of the Police Commissioner.",
"name": "Charge of unclaimed property and disposal thereof24.\tImpounding of cattle",
"related_acts": "",
"section_id": 23
},
{
"act_id": 578,
"details": "24. It shall be the duty of every police-officer to seize and take to any public pound for confinement therein any cattle found straying in any street or trespassing upon any public property.",
"name": "Impounding of cattle",
"related_acts": "",
"section_id": 24
},
{
"act_id": 578,
"details": "25. (1) Notwithstanding anything contained in section 153 of the Code, any police-officer generally or specially authorised by the Police Commissioner in this behalf may without warrant enter any shop or premises for the purpose of inspecting or searching for any weights or measures or instruments for weighing or measuring used or kept therein. (2) If such police-officer finds in such shop or premises weights, measures or instruments for weighing or measuring which he has reason to believe are false, he may seize the same and shall forthwith give information of such seizure to the Police Commissioner, and if such weights, measures or instruments are found by the Police Commissioner to be false, they shall be destroyed. (3) Weights and measures purporting to be of the same denomination as weights and measures, the standards whereof are kept under any law for the time being in force, shall, if they do not correspond with the said standards, be deemed to be false within the meaning of this section.",
"name": "Powers as to inspection, search and seizure of false weights and measures",
"related_acts": "",
"section_id": 25
},
{
"act_id": 578,
"details": "26. (1) The Police Commissioner may, with the prior approval of the Government, make regulations, not inconsistent with any provision of this Ordinance or the rules made thereunder, for- (a)\tlicensing and controlling persons offering themselves for employment at jetties, railway stations and landing places for the carriage of passengers' baggages, and fixing and providing for the enforcement of a scale of charges for the labour of such person when so employed; (b)\tregulating the conditions under which vehicles may remain standing in streets and public places, and the use of streets as halting places for vehicles or cattle; (c) \tregulating traffic of all kinds in streets and public places, and the use of streets and public places by persons riding, driving, cycling, walking or leading or accompanying cattle, so as to prevent danger, obstruction or inconvenience to the public; (d) \tprescribing the number and position of lights to be used on vehicles in streets and the hours between which such lights shall be used; (e) \tprescribing certain hours of the day during which cattle shall not be driven along the streets, or along certain specified streets, except subject to such conditions as he may specify in that behalf; (f) \tregulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders, beams, bars, boilers or other unwieldy articles through the streets, and the route and hours for such conveyance; (g) \tlicensing, controlling or, in order to prevent the obstruction, inconvenience or annoyance to the residents or passengers in the vicinity, prohibiting the playing of music, the beating of drums or other instruments and the blowing or sounding of horns or other noisy instruments in or near streets or public places; (h)\tregulating the conduct, behaviour or action of persons constituting assemblies and processions on or along the streets and prescribing, in the case of processions, the routes by which, the order in which and the time at which the same may pass; (i) \tprohibiting the hanging or placing of any cord or pole across a street, or the making of a projection or structure so as to obstruct traffic or the free access of light and air; (j) \tprohibiting or controlling the placing of building materials or other articles or the fastening or detention of any animal in any street or public place; (k)\tlicensing, controlling or, in order to prevent obstruction, inconvenience or annoyance to the residents or passengers in the vicinity, prohibiting- (i) \tthe illumination of streets and public places and the exteriors of buildings abutting thereon by persons other than employees of Government or of a local authority duly authorised in that behalf ; (ii)\tthe blasting of rock or making excavations in or near streets or public places; (iii)\tthe using of a loudspeaker in or near any public place or in any place of public entertainment; (l) \tclosing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause; (m)\tguarding against injury to person and property in the construction, repair and demolition of buildings, platforms and other structures from which danger may arise to the passenger, neighbour or public; (n)\tprohibiting or regulating the setting fire to or burning any straw or other matter or lighting a bonfire or letting off or throwing a firework in or upon a street or building or the putting up of any post or other thing on the side of or across, a street for the purpose of affixing thereto lamps or other contrivances for illumination; (o) licensing or controlling places of public amusement or entertainment; (p) regulating the means of entrance and exit at places of public amusement, entertainment or assembly, and providing for the maintenance of public safety and the prevention of disturbance thereat; (q) licensing or controlling the musical, dancing, mimetic, theatrical or other performances for public amusement, and regulating, in the interest of public order, decency or morality, the employment of artists and the conduct of the artists and audience at such performances and the hours during which and the places at which such performances may be given; (r) regulating or prohibiting the sale of any ticket or issue of any pass for admission to a place of public amusement; (s) fixing the fees to be charged for any licence or permission required under this Ordinance. (2) The power of making regulations under this section shall be subject to the condition of the regulations being made after previous publication, and every regulation made under this section shall be published in the official Gazette and in the locality affected thereby by affixing copies thereof in conspicuous places near to the building, structure, work or place, as the case may be, to which the same specially relates or by advertising the same in such local newspapers as the Police Commissioner may deem fit: Provided that any such regulation may be made without previous publication if the Government is satisfied that circumstances exist which renders it necessary that such regulation should be brought into force at once.",
"name": "Power of Police Commissioner to make regulation",
"related_acts": "",
"section_id": 26
},
{
"act_id": 578,
"details": "27. (1) The Police Commissioner may, whenever in his opinion such action is necessary, authorise such police-officer as he thinks fit to erect barriers on any street for the purpose of stopping temporarily vehicles driven on such street and satisfy himself that the provisions of any law for the time being in force have not been contravened in respect of any such vehicle or by the driver or person in charge of such vehicle. (2) The Police Commissioner may make such orders as he deems fit for regulating the use of such barriers.",
"name": "Police Commissioner may authorise erection of barriers on streets",
"related_acts": "",
"section_id": 27
},
{
"act_id": 578,
"details": "28. The Police Commissioner, or any police-officer authorised by him in this behalf, may, from time to time as occasion may arise, give all such directions, not inconsistent with any regulation made under section 26, either orally or in writing, as may be necessary to- (a)\tsecure the orderly conduct of persons constituting processions or assemblies in streets; (b)\tprescribe the routes by which and the times at which any such procession may or may not pass; (c)\tprevent constructions on the occasion of all processions and assemblies and in the neighbourhood of all places of worship during the time of worship, and in all cases when any street or public place or place of public resort may be thronged or liable to be obstructed; (d)\tkeep order in all streets, public bathing, washing and landing places and all other public places or places of public resort; (e)\tregulate and control the playing of music or singing, the beating of drums and other instruments, and the blowing or sounding of horns or other noisy instruments, in or near any street of public place; (f) \tregulate and control the use of loudspeakers in any street or in or near any public place or in any place of public entertainment.",
"name": "Power of Police Commissioner and other police-officers to give directions to the public",
"related_acts": "",
"section_id": 28
},
{
"act_id": 578,
"details": "29. (1) The Police Commissioner may, whenever and for such time as he considers necessary for the preservation of public peace or safety, by notification publicly promulgated or addressed to individuals, prohibit at any place- (a) \tthe carrying of arms, swords, spears, guns, knives, sticks or lathis, or any other article, which is capable of being used for causing physical violence; (b) \tthe carrying of any corrosive substance or explosives; (c) \tthe carrying, collection and preparation of stones or other missiles or instruments or means of casting or impelling missiles; (d) \tthe exhibition of persons, corpses, figures or effigies; (e) \tthe public utterance of cries, singing of songs or playing of music; (f) \tthe delivery of public harangues, the use of gestures or mimetic representations, and the preparation, exhibition or dissemination of pictures, symbols, placards or any other object or thing which may, in his opinion, offend against decency or morality or undermine the security of the State. (2) If any person goes armed with any such article or carries any corrosive substance or explosive or missile in contravention of such prohibition, he may be disarmed of the corrosive substance or explosive or missile may be seized from him by any police-officer, and the article, corrosive substance, explosive or missile so seized shall be forfeited to the Government.",
"name": "Power of Police Commissioner to prohibit certain acts for prevention of disorder",
"related_acts": "",
"section_id": 29
},
{
"act_id": 578,
"details": "30. The Police Commissioner may, by order in writing, prohibit any assembly or procession whenever and for so long as he considers such prohibition to be necessary for the preservation of the public peace or safety: Provided that no such prohibition shall remain in force for more than thirty days without the sanction of the Government.",
"name": "Power of Police Commissioner to prohibit assembly or procession",
"related_acts": "",
"section_id": 30
},
{
"act_id": 578,
"details": "31. The Police Commissioner, may, by public notice, temporarily reserve for any public purpose any street or public place and prohibit persons from entering the area so reserved except under such conditions as may be specified by him.",
"name": "Power of Police Commissioner to reserve any street or public place for any public purpose",
"related_acts": "",
"section_id": 31
},
{
"act_id": 578,
"details": "32. Notwithstanding anything contained in any other law for the time being in force, the Police Commissioner may, with the previous approval of, and subject to such directions as may be given by, the Government, requisition any vehicle for carrying on any operation by the Force: Provided that if the Police Commissioner is satisfied that circumstances exist which render immediate action necessary, he may requisition any vehicle without the previous approval of the Government, but in that case he shall forthwith report the fact of such requisition to the Government.",
"name": "Power of Police Commissioner to requisition vehicles",
"related_acts": "",
"section_id": 32
},
{
"act_id": 578,
"details": "33. If, in the opinion of the Police Commissioner, it is necessary so to do for the purpose of preventing annoyance, disturbance, discomfort or injury to the public or to any person who dwell or occupy property in the vicinity, he may, by order in writing, prohibit, restrict, regulate or impose conditions on- (a) \tthe use or continuance in any area, premises or vehicles of- (i) \tany vocal or instrumental music; (ii)\tmicrophone, loudspeaker or other instruments for amplifying music or other sound; (iii)\tsounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus or contrivance which is capable of producing or reproducing sound; or (b)\tthe carrying on in any premises of any trade, avocation or operation resulting in or attended with noise.",
"name": "Power of Police Commissioner to prohibit, restrict or regulate use of music, etc.",
"related_acts": "",
"section_id": 33
},
{
"act_id": 578,
"details": "34. (1) In order to prevent or suppress any riot or grave disturbance of peace, the Police Commissioner may, by order in writing, temporarily close or take possession of any building or place and exclude all or any persons therefrom, or allow access thereto to such persons only and on such terms as he may deem expedient. (2) If the lawful occupier of such building or place suffers substantial loss or injury by reason of the action taken under sub-section (1), he shall be entitled, on application made to the Police Commissioner within one month from the date of such action, to receive reasonable compensation for such loss or injury unless such action was, in the opinion of the Police Commissioner, rendered necessary either by the use to which such building or place was put or intended to be put or by the misconduct of persons having access thereto. (3) In the event of any dispute in any case under sub-section (2), the decision of the Government shall be final as to the amount, if any, to be paid, and as to the person whom it is to be paid.",
"name": "Orders for prevention of riot, etc.",
"related_acts": "",
"section_id": 34
},
{
"act_id": 578,
"details": "35. (1) For the purpose of preventing serious disorder or breach of the law or manifest an imminent danger to the persons assembled at any place of public amusement or at any assembly or meeting to which the public are invited or which is open to the public, the police-officer of the highest rank present at such place, assembly or meeting may give such directions as to the mode of admission of the public to, and for securing the peaceful and orderly conduct of the proceedings and the maintenance of the public safety at such place, assembly or meeting as he thinks necessary. (2) The police shall have free access to every such place, assembly or meeting for the purpose of giving effect to the provisions of sub-section (1) and to any direction given thereunder.",
"name": "Police to provide against disorder, etc., at places of amusement and public meetings",
"related_acts": "",
"section_id": 35
},
{
"act_id": 578,
"details": "36. The Police Commissioner may, from time to time, by public notice, proclaim that any dog found, during such period as may be specified in the said notice, straying in the streets or in any public place may be destroyed, and any dog so found within such period may be destroyed accordingly.",
"name": "Stray dogs to be destroyed",
"related_acts": "",
"section_id": 36
},
{
"act_id": 578,
"details": "37. Any police-officer who in any street or public place finds any animal so diseased, or so severely injured, and in such a physical condition, that, in his opinion, it should be destroyed, shall, if the owner is absent or refuses to consent to the destruction of the animal at once, summon the veterinary officer in charge of the area in which the animal is found and, if the veterinary officer certifies that the animal is so diseased or so severely injured, or in such a physical condition, that it is cruel to keep it alive, the police-officer may, without the consent of the owner, destroy the animal or cause it to be destroyed: Provided that if in the opinion of the veterinary officer the animal can be removed from the place where it is found without causing it great suffering, he may direct the police-officer to remove the animal before it is destroyed from the place where it is found to such other place as he may think fit: Provided further that when the animal is destroyed in any street or public place it shall, as far as possible, be screened from the public gaze while it is being destroyed.",
"name": "Suffering or unfit animals to be destroyed",
"related_acts": "",
"section_id": 37
},
{
"act_id": 578,
"details": "38. (1) The Police Commissioner may, on the application of any person, depute any additional number of police to keep the peace, preserve order or enforce any of the provisions of this Ordinance or any other law in respect of any particular class or classes of offences or to perform any other police duties at any place. (2) Such additional police shall be employed at the cost of the person making the application, but shall be subject to the orders of the Police Commissioner and shall be employed for such period as the Police Commissioner may think necessary. (3) If the person upon whose application such additional police are employed makes, at any time, a written request to the Police Commissioner for their withdrawal, he shall be relieved from the cost thereof at the expiration of such period not exceeding one week from the date of such request as the Police Commissioner may determine.",
"name": "Employment of additional police on application",
"related_acts": "",
"section_id": 38
},
{
"act_id": 578,
"details": "39. (1) When it appears to the Police Commissioner that the behaviour of the persons employed on any public work or in any industrial or commercial concern under construction or in operation at any place necessitates the employment of additional police at such place, he may depute such additional police to such place as he thinks fit and keep such police employed at such place for so long as such necessity continues. (2) The Police Commissioner may make order, from time to time, directing the person by whom the work or concern is being constructed or carried on to pay such amount as cost of employment of such additional police as he may specify therein, and such person shall thereupon make the payment accordingly. (3) Any person aggrieved by an order of the Police Commissioner under sub-section (2), may appeal to the Government and the decision of the Government on such appeal shall be final.",
"name": "Employment of Additional police at certain places",
"related_acts": "",
"section_id": 39
},
{
"act_id": 578,
"details": "40. Whenever it appears to the Police Commissioner that the movement or encampment of any gang or body of persons in any place is causing or is likely to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body or by members thereof, he may, by order in writing, direct the members of such gang or body so to conduct themselves as may seem necessary in order to prevent violence and alarm, or to disperse and remove themselves outside the Metropolitan Area within such time as he may specify and not to enter or return to the said Area.",
"name": "Dispersal of gangs",
"related_acts": "",
"section_id": 40
},
{
"act_id": 578,
"details": "41. Whenever it appears to the Police Commissioner- (a) \tthat the movements or acts of any person are causing or likely to cause alarm, danger or harm to any other person or to any property; or (b)\tthat there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapters XII, XVI or XVII of the Penal Code (XLV of 1860), or in the abetment of any such offence; the Police Commissioner may, by order in writing, direct such person so to conduct himself as may seem necessary in order to prevent violence and alarm, or to remove himself outside the Metropolitan Area within such time as he may specify and not to enter or return to the said Area.",
"name": "Removal of persons about to commit offence",
"related_acts": "",
"section_id": 41
},
{
"act_id": 578,
"details": "42. If a person has been convicted of an offence- (a) under Chapters XII, XVI or XVII of the Penal Code (XLV of 1860); (b) under the Suppression of Immoral Traffic Act, 1933 (Ben. Act VI of 1933); (c) under the Customs Act, 1969 (IV of 1969); or (d) under sections 76, 77, 78, 83, 88 or 90 of this Ordinance thrice or more; the Police Commissioner may, if he has reason to believe that such person is likely again to commit the same offence or any other offence under the same law, by order in writing, direct such person to remove himself outside the Metropolitan Area within such time as he may specify and not to enter or return to the said Area.",
"name": "Removal of persons convicted of certain offences",
"related_acts": "159,354",
"section_id": 42
},
{
"act_id": 578,
"details": "43. An order made under section 40, 41 or 42 directing a person not to enter or return to the Metropolitan Area shall remain in force for such period, not exceeding two years, as may be specified therein.",
"name": "Period of operation of orders under section 40, 41 or 42",
"related_acts": "",
"section_id": 43
},
{
"act_id": 578,
"details": "44. (1) Before an order under section 40, 41 or 42 is made in respect of any person, the Police Commissioner shall inform the person in writing of the general nature of the material allegations against him and the order proposed to be made in respect of him and give him a reasonable opportunity of tendering an explanation regarding them. (2) If such person makes an application for the examination of any witness, the Police Commissioner shall examine such witness, unless, for reasons to be recorded in writing, he is of opinion that such application is made for the purpose of vexation or delay. (3) Such person shall be entitled to appear before the Police Commissioner by a lawyer for the purpose of tendering his explanation and examining the witnesses produced by him. (4) The Police Commissioner may, for the purpose of securing the attendance of such person, require that person to appear before him and to execute a bond, with or without sureties, for such attendance during the inquiry. (5) If such person fails to execute the bond as required under sub-section (4) or fails to appear before the Police Commissioner during the inquiry, the Police Commissioner may proceed with the inquiry and make the order proposed to be made against him.",
"name": "Hearing to be given before order under section 40, 41 or 42 is made",
"related_acts": "",
"section_id": 44
},
{
"act_id": 578,
"details": "45. (1) Any person aggrieved by an order made under section 40, 41 or 42 may appeal to the Government within thirty days from the date of such order. (2) An appeal under this section shall be preferred in the form of a memorandum, setting forth concisely the grounds of objection to the order appealed against and shall be accompanied by that order or a certified copy thereof. (3) On receipt of such appeal, the Government may, after giving a reasonable opportunity to the applicant to be heard either personally or by a lawyer and after such further inquiry, if any, as it may deem necessary, confirm, vary or set aside the order appealed against and make its order accordingly: Provided that the order appealed against shall remain in force pending the disposal of the appeal, unless the Government otherwise directs. (4) In calculating the period of thirty days provided for an appeal under this section, the time taken for granting a certified copy of the order appealed against shall be excluded.",
"name": "Appeal",
"related_acts": "",
"section_id": 45
},
{
"act_id": 578,
"details": "46. An order passed by the Police Commissioner under section 40, 41 or 42 or by the Government under section 45 shall not be called in question in any Court.",
"name": "Certain orders of Police Commissioner or Government not to be called in question",
"related_acts": "",
"section_id": 46
},
{
"act_id": 578,
"details": "47. (1) If a person who has been directed by an order made under section 40, 41 or 42 to remove himself outside the Metropolitan Area- (a)\tfails to remove himself as directed; or (b)\thaving so remove himself, except with the permission of the Police Commissioner under sub-section (2), enters the said Area within the period specified in the order; the Police Commissioner may cause him to be arrested and removed to such place outside the said Area as he may specify. (2) The Police Commissioner may permit any person in respect of whom an order under section 40, 41 or 42 has been made to enter or return to the Metropolitan Area for such temporary period and subject to such conditions as may be specified in such permission and may require him to enter into a bond, with or without surety, for the due observance of the conditions imposed. (3) The Police Commissioner may, at any time, revoke any such permission. (4) Any person permitted under sub-section (2) to enter or return to the Metropolitan Area shall, at the expiry of the period specified in the permission or on the earlier revocation of such permission, remove himself outside the said Area, and shall not, without a fresh permission, enter therein or return thereto within the unexpired residue of the period specified in the order made under section 40, 41 or 42. (5) If such person fails to observe any of the conditions imposed or to remove himself accordingly, or having so removed himself enters or returns to the Metropolitan Area without fresh permission, the Police Commissioner may cause him to be arrested and removed to such place outside the said Area as he may specify.",
"name": "Procedure on failure of person to leave Metropolitan Area and his entry therein after removal",
"related_acts": "",
"section_id": 47
},
{
"act_id": 578,
"details": "48. Any person who having been appointed as an auxiliary police-officer under section 10 without sufficient cause refuses to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties shall be punishable with fine which may extend to two hundred Taka.",
"name": "Penalty for refusal to serve as auxiliary police-officer",
"related_acts": "",
"section_id": 48
},
{
"act_id": 578,
"details": "49. Any person who makes a false statement or uses a false document for the purpose of obtaining employment or release from employment as a police-officer shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.",
"name": "Penalty for making false statement, etc.",
"related_acts": "",
"section_id": 49
},
{
"act_id": 578,
"details": "50. Any police-officer who is guilty of cowardice or of any wilful breach of any provision of law or of any rule, regulation or order which it is his duty as such police-officer to observe or obey, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Taka, or with both.",
"name": "Penalty for misconduct of police-officer",
"related_acts": "",
"section_id": 50
},
{
"act_id": 578,
"details": "51. Any subordinate officer who resigns his office or withdraws himself from the duties thereof in contravention of section 14 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Taka, or with both.",
"name": "Penalty for contravention of section 14",
"related_acts": "",
"section_id": 51
},
{
"act_id": 578,
"details": "52. Any police-officer who wilfully neglects or refuses to deliver up his certificate of appointment or the arms, accoutrements, clothing and other articles supplied to him for the performance of his duties immediately after he ceases to belong to the Force shall be punishable with imprisonment for a term which may extend to three months, or with fine, which may extend to five hundred Taka, or with both.",
"name": "Penalty for neglect or refusal to deliver up certificate of appointment, etc.",
"related_acts": "",
"section_id": 52
},
{
"act_id": 578,
"details": "53. Any police-officer who without lawful authority or reasonable cause enters or searches or causes to be entered or searched any building, vessel or place shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both.",
"name": "Penalty for unlawful entry and search by police-officer",
"related_acts": "",
"section_id": 53
},
{
"act_id": 578,
"details": "54. Any police-officer who vexatiously or unnecessarily searches, detains or arrests any person or seizes the property of any person, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both.",
"name": "Penalty for vexatious search, detention, etc., by police-officer",
"related_acts": "",
"section_id": 54
},
{
"act_id": 578,
"details": "55. Any police-officer who offers any unnecessary personal violence to any person in his custody or holds out to an accused person any threat or provise not warranted by law shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both.",
"name": "Penalty for personal violence, threat, etc., by police-officer",
"related_acts": "",
"section_id": 55
},
{
"act_id": 578,
"details": "56. Any police-officer who detains in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable or, in absence of a special order of a Magistrate under section 167 of the Code, detains an arrested person in custody for a period exceeding twenty-four hours shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Taka, or with both.",
"name": "Penalty for detention in custody beyond a certain period",
"related_acts": "",
"section_id": 56
},
{
"act_id": 578,
"details": "57. Any person who, not being a member of the Force, wears, without the permission of the Police Commissioner, the uniform of the Force or any dress having the appearance of that uniform shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred Taka, or with both.",
"name": "Penalty for unauthorised use of police uniform",
"related_acts": "",
"section_id": 57
},
{
"act_id": 578,
"details": "58. Whoever contravenes any regulation made under section 26 or any of the conditions of a licence or permission issued or granted under any such regulation shall be punishable with fine which may extend to two hundred Taka.",
"name": "Penalty for contravention of regulations under section 26",
"related_acts": "",
"section_id": 58
},
{
"act_id": 578,
"details": "59. Whoever contravenes any direction given under section 28 shall be punishable with fine which may extend to five hundred Taka.",
"name": "Penalty for contravention of directions under section 28",
"related_acts": "",
"section_id": 59
},
{
"act_id": 578,
"details": "60. Whoever contravenes any prohibition made under section 29 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.",
"name": "Penalty for contravention of prohibition under section 29",
"related_acts": "",
"section_id": 60
},
{
"act_id": 578,
"details": "61. Whoever contravenes any order made under section 30 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.",
"name": "Penalty for contravention of order under section 30",
"related_acts": "",
"section_id": 61
},
{
"act_id": 578,
"details": "62. Whoever contravenes any prohibition made under section 31 shall be punishable with fine which may extend to five hundred Taka.",
"name": "Penalty for contravention of prohibition under section 31",
"related_acts": "",
"section_id": 62
},
{
"act_id": 578,
"details": "63. Whoever contravenes any order made under section 33 shall be punishable with fine which may extend to five hundred Taka.",
"name": "Penalty for contravention of order under section 33",
"related_acts": "",
"section_id": 63
},
{
"act_id": 578,
"details": "64. Whoever contravenes any order made under section 40, 41 or 42 shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both.",
"name": "Penalty for contravention of order under section 40, 41 or 42",
"related_acts": "",
"section_id": 64
},
{
"act_id": 578,
"details": "65. Any person who in contravention of an order made under section 40, 41 or 42 enters or returns without permission to the Metropolitan Area or enters or returns to the said Area with permission granted under section 47(2) but fails, contrary to the provisions thereof, to remove himself outside the said Area at the expiry of the period specified in the permission shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand Taka, or with both.",
"name": "Penalty for entering without permission",
"related_acts": "",
"section_id": 65
},
{
"act_id": 578,
"details": "66. Whoever fails to conform to any reasonable direction of a police-officer given in fulfilment of any of his duties under this Ordinance shall be punishable with fine which may extend to one hundred Taka.",
"name": "Penalty for failure to conform to directions of police-officer",
"related_acts": "",
"section_id": 66
},
{
"act_id": 578,
"details": "67. Whoever, when driving a vehicle along the street, without sufficient reason fails to keep on the left side of such street and when passing any other vehicle proceeding on the same direction fails to keep on the right side of such vehicle or violates any traffic regulation made by the Police Commissioner shall be punishable with fine which may extend to two hundred Taka.",
"name": "Penalty for wrong driving and violation of traffic-regulations",
"related_acts": "",
"section_id": 67
},
{
"act_id": 578,
"details": "68. Whoever leaves or parks any vehicle in any part of a street or public place where parking is prohibited by the Police Commissioner shall be punishable with fine which may extend to one hundred Taka.",
"name": "Penalty for wrong parking",
"related_acts": "",
"section_id": 68
},
{
"act_id": 578,
"details": "69. Whoever drives, rides, leads, propels, or leaves on any footway any vehicle, other than a perambulator, so that the same can stand across or upon such footway shall be punishable with fine which may extend to one hundred Taka.",
"name": "Penalty for obstructing a footway",
"related_acts": "",
"section_id": 69
},
{
"act_id": 578,
"details": "70. Whoever causes obstruction in any street or public place- (a)\tby allowing any vehicle which has to be loaded or unloaded, or to take up or set down passengers, to remain or stand therein longer than may be necessary for such purposes; or (b)\tby leaving any vehicle standing therein, shall be punishable with fine which may extend to one hundred Taka.",
"name": "Penalty for causing obstruction in street or public places",
"related_acts": "",
"section_id": 70
},
{
"act_id": 578,
"details": "71. Whoever, contrary to any regulation made by the Police Commissioner, exposes or sets out anything for sale in or on any stall, bath, board, basket or in any other manner in any street or public place shall be punishable with fine which may extend to five hundred Taka.",
"name": "Penalty for exposing anything for sale contrary to regulation",
"related_acts": "",
"section_id": 71
},
{
"act_id": 578,
"details": "72. Whoever in any street or public place- (a) \tnegligently lets loose any animal so as to cause danger, injury, alarm or annoyance to any person or animal; or (b) \tsuffers a ferocious dog or other animal to be at large without a muzzle; or (c) \tsets on or urges a dog or other animal to attack, worry or put in fear any person or animal; shall be punishable with fine which may extend five hundred Taka.",
"name": "Penalty for letting loose any animal",
"related_acts": "",
"section_id": 72
},
{
"act_id": 578,
"details": "73. Whoever in any street or public place exposes for hire or sale any animal or vehicle or cleans any animal or vehicle, except at such times and places as the Police Commissioner may permit, shall be punishable with fine which may extend to one hundred Taka.",
"name": "Penalty for exposing animal or vehicle for hire or sale, etc.",
"related_acts": "",
"section_id": 73
},
{
"act_id": 578,
"details": "74. Whoever in any street or public place makes any vehicle or part of a vehicle, or except when in the case of an accident repairing on the spot is unavoidable, repairs any vehicle or part of a vehicle, or carries on therein any manufacture or operation or work so as to be an impediment to traffic or annoyance to the public or neighbouring residents 1shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both, and such vehicle shall be liable to be confiscated to the Government.",
"name": "Penalty for making or repairing vehicle in street or public place",
"related_acts": "",
"section_id": 74
},
{
"act_id": 578,
"details": "274A. Whoever causes obstruction in any street or public place by keeping or storing building materials or other articles therein shall be punishable with fine which may extend to two thousand Taka, and such materials or articles shall be liable to be confiscated to the Government.",
"name": "Penalty for keeping or storing building materials or other articles in street or public place",
"related_acts": "",
"section_id": 75
},
{
"act_id": 578,
"details": "75. Whoever slaughters any animal or cleans a carcass or hide in or near to or within sight of a street or public place, except at a place set apart for the purpose by order of the Police Commissioner, shall be punishable with fine which may extend to five hundred Taka.",
"name": "Penalty for slaughtering animal or cleaning a carcass",
"related_acts": "",
"section_id": 76
},
{
"act_id": 578,
"details": "76. Any person who in any street or public place or within sight of, and in such manner as to be seen or heard from, any street or public place, whether from within any house or building or not- (a)\tby words, gestures, or indecent personal exposure attracts or endeavours to attract attention for the purposes of prostitution; or (b)\tsolicits or molests any person for the purposes of prostitution; shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.",
"name": "Penalty for soliciting for purposes of prostitution",
"related_acts": "",
"section_id": 77
},
{
"act_id": 578,
"details": "77. Whoever wilfully and indecently exposes his person in any street or public place or within sight of, and in such manner as may be seen from any street or public place whether from within any house or building or not, or uses indecent language or behaves indecently or riotously, or in a disorderly manner in a street or public place or in any office, station or landing place shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.",
"name": "Penalty for indecent behaviour in public",
"related_acts": "",
"section_id": 78
},
{
"act_id": 578,
"details": "78. Whoever wilfully and indecently exposes his person in any street or public place within sight of, and in such manner as may be seen by, any woman, whether from within any house or building or not, or wilfully presses or obstructs any woman in a street or public place or insults or annoys any woman by using indecent language or making indecent sounds, gestures, or remarks in any street or public place, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both.",
"name": "Penalty for teasing women",
"related_acts": "",
"section_id": 79
},
{
"act_id": 578,
"details": "79. Whoever wilfully puts, presses, hustles or obstructs any passenger in any street or public place, or by violent movement, menacing gestures, screaming, shouting, wilfully frightening any animal or otherwise disturbs the public peace and order shall be punishable with fine which may extend to two hundred Taka.",
"name": "Penalty for obstructing or annoying passengers in streets",
"related_acts": "",
"section_id": 80
},
{
"act_id": 578,
"details": "80. Whoever uses in any street or public place any threatening, abusive or insulting words with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned shall be punishable with fine which may extend to two hundred Taka.",
"name": "Penalty for misbehaviour with intent to provoke a breach of peace",
"related_acts": "",
"section_id": 81
},
{
"act_id": 578,
"details": "81. Whoever exhibits, contrary to any regulation made by the Police Commissioner, any mimetic, musical or other performance of a nature which may attract crowd, or carries or places bulky advertisements, pictures, figures or emblems in any street or public place whereby an obstruction to passengers or annoyance to the neighbouring residents may be occasioned shall be punishable with fine which may extend to two hundred Taka.",
"name": "Penalty for exhibiting mimetic, musical or other performance, etc.",
"related_acts": "",
"section_id": 82
},
{
"act_id": 578,
"details": "82. Whoever in or near to any street or public place commits a nuisance by casing himself, or suffers any child in his care or custody under seven years of age to commit such nuisance or spits or throws any litter, refuse or rubbish so as to cause annoyance to any passer-by shall be punishable with fine which may extend to two hundred Taka.",
"name": "Penalty for committing nuisance in or near street, etc.",
"related_acts": "",
"section_id": 83
},
{
"act_id": 578,
"details": "83. Whoever in any street or public place begs or applies for alms, or exposes or exhibits any sores, wounds, bodily ailment or deformity with the object of exciting charity or obtaining alms shall be punishable with imprisonment for a term which may extend to one month.",
"name": "Penalty for begging and exposing offensive ailments",
"related_acts": "",
"section_id": 84
},
{
"act_id": 578,
"details": "84. Whoever baths or washes in or by the side of a public well, tank, pond, pool or reservoir not set apart for such purpose by order of the Police Commissioner shall be punishable with fine which may extend to two hundred Taka.",
"name": "Penalty for bathing or washing in places not set apart for the purpose",
"related_acts": "",
"section_id": 85
},
{
"act_id": 578,
"details": "85. Whoever in any building or place occupied by Government or by any local authority smokes or spits in contravention of a notice affixed to such building or place by the person in charge of such building or place, shall be punishable with fine which may extend to one hundred Taka.",
"name": "Penalty for smoking and spitting in contravention of a notice",
"related_acts": "",
"section_id": 86
},
{
"act_id": 578,
"details": "86. Whoever without satisfactory excuse wilfully enters or remains in or upon any dwelling-house or premises or any land or ground attached thereto, or any ground, building, monument or structure belonging to Government or appropriated to public purposes, or any boat, vessel or vehicle, shall, whether he causes any damage or not, be punishable with fine which may extend to one hundred Taka.",
"name": "Penalty for wilful trespass",
"related_acts": "",
"section_id": 87
},
{
"act_id": 578,
"details": "87. Whoever knowingly gives or causes to be given a false alarm of fire to the fire-brigade or to any officer or firemen thereof, whether by means of a street fire-alarm, message or otherwise, or, with intent to give such false alarm, wilfully breaks the glass of, or otherwise damages, a street fire-alarm shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.",
"name": "Penalty for false alarm of fire or damage to fire-alarm",
"related_acts": "",
"section_id": 88
},
{
"act_id": 578,
"details": "88. Whoever is found between sunset and sunrise- (a)\tarmed without any satisfactory excuse with any dangerous instruments; or (b)\thaving without any satisfactory excuse his face covered or otherwise disguised; or (c) \tin any dwelling house or other building, or on board any vessel or boat or in any vehicle without being able satisfactorily to account for his presence there; or (d)\tlying or loitering in any street, yard or other place without being able to give a satisfactory account of himself; or (e)\thaving in his possession without satisfactory excuse any implement of house-breaking; shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both.",
"name": "Penalty for being found under suspicious circumstances between sunset and sunrise",
"related_acts": "",
"section_id": 89
},
{
"act_id": 578,
"details": "89. Whoever, not being a police-officer or a member of any Defence Force or of the Bangladesh Rifles and acting as such, goes armed with sword, firearm or other offensive weapon or with any explosive or corrosive substance in any street or public place unless so authorised by lawful authority shall be liable to be disarmed by any police-officer and the weapon or substance so seized shall be forfeited to the Government, unless redeemed within one month on payment of such fine not exceeding one thousand Taka as the Police Commissioner may impose.",
"name": "Penalty for carrying weapon without authority",
"related_acts": "",
"section_id": 90
},
{
"act_id": 578,
"details": "90. Whoever has in his possession, or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe to have been stolen or fraudulently obtained, shall, if he fails to account for such possession, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both.",
"name": "Penalty for possession of property of which no satisfactory account can be given",
"related_acts": "",
"section_id": 91
},
{
"act_id": 578,
"details": "91. Whoever takes or attempts to take any spirituous or fermented liquor or intoxicating drugs or preparations into any public hospital or jail without the permission of the person in-charge of such hospital or jail, or into any barracks or buildings occupied by the members of any disciplined force or into any educational institution, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both; and such spirits, liquors, drugs or preparations shall be forfeited to the Government.",
"name": "Penalty for taking liquor, etc., into hospital, etc.",
"related_acts": "",
"section_id": 92
},
{
"act_id": 578,
"details": "92. Whoever, being a pawn-broker, dealer in second-hand property or worker in metals, having received from any police-officer information regarding any property stolen or fraudulently obtained, comes into the possession of, or is offered in pawn or for sale, exchange or alteration, any property answering the description set forth in such information fails, without unnecessary delay, to give information to the effect at the nearest police-station and also to state the name and address of the person from whom the possession or offer was received shall be punishable with fine which may extend to two hundred Taka.",
"name": "Penalty for omission by pawn-brokers, etc., to report to police possession of stolen property",
"related_acts": "",
"section_id": 93
},
{
"act_id": 578,
"details": "93. Whoever, having received such information as is referred to in section 92, alters, melts, defaces or puts away or causes or suffers to be altered, melted, defaced or put away, without the previous permission of the police, any such property, shall on proof that the same was stolen or fraudulently obtained, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Taka, or with both.",
"name": "Penalty for melting, etc., of such property",
"related_acts": "",
"section_id": 94
},
{
"act_id": 578,
"details": "94. Whoever assembles with others in a street or public place for the purpose of gambling or wagering or joins any such assembly shall be punishable with fine which may extend to one hundred Taka.",
"name": "Penalty for gambling in street",
"related_acts": "",
"section_id": 95
},
{
"act_id": 578,
"details": "95. Whoever, being the keeper of any place of public amusement or entertainment, knowingly permits drunkenness or other disorderly behaviour or any gaming whatsoever in such place shall be punishable with fine which may extend to two hundred Taka.",
"name": "Penalty for permitting disorderly conduct at places of public amusement",
"related_acts": "",
"section_id": 96
},
{
"act_id": 578,
"details": "96. Whoever sells or offers for sale any ticket once issued for admission as spectator to any place of public amusement at a price higher than the price at which such ticket was originally issued shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.",
"name": "Penalty for selling admission tickets at higher price",
"related_acts": "",
"section_id": 97
},
{
"act_id": 578,
"details": "97. Whoever allows any cattle, which are his property or in his charge, to stray in any street or to trespass upon any property shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.",
"name": "Penalty for allowing cattle to stray in street or trespass upon property",
"related_acts": "",
"section_id": 98
},
{
"act_id": 578,
"details": "98. Whoever without the consent of the owner or occupier, affixes any bill, notice or paper against or upon any building, wall, tree, fence, post, pole or other erection with chalk, ink or paint or in any manner whatsoever shall be punishable with fine which may extend to two hundred Taka.",
"name": "Penalty for affixing bills or otherwise defacing building, etc.",
"related_acts": "",
"section_id": 99
},
{
"act_id": 578,
"details": "99. Whoever sets fire to or burns any straw or other matter, or lights any bonfire, or wantonly discharges any fire-arm or airgun, lets off or throws any fire-work, in or near any street or public place, except at such times and places as may, from time to time, be allowed by the Police Commissioner shall be punishable with fine which may extend to one hundred Taka.",
"name": "Penalty for lighting fires, discharging guns or letting off fire-works",
"related_acts": "",
"section_id": 100
},
{
"act_id": 578,
"details": "100. Any person who abets the commission of any offence punishable under this Ordinance shall be deemed to have committed that offence.",
"name": "Abetment of offences",
"related_acts": "",
"section_id": 101
},
{
"act_id": 578,
"details": "101. If the person committing an offence punishable under this Ordinance is a firm, company or other body corporate, every partner, director, manager, secretary or other officer or agent thereof shall, unless he proves that the commission took place without his knowledge or that he exercised all due diligence to prevent such commission, be deemed to be guilty of such commission.",
"name": "Offences committed by firms, etc.",
"related_acts": "",
"section_id": 102
},
{
"act_id": 578,
"details": "102. (1) No Court shall take cognizance of an offence, other than an offence specified in sub-section (2), Punishable under this Ordinance except upon a report in writing made by a police-officer. (2) A Court may take cognizance of an offence punishable under section 49, 50, 51, 52, 53, 54 or 55 either of its own motion or on a complaint made by any person or upon a report in writing made by a police-officer.",
"name": "Cognizance of offences",
"related_acts": "",
"section_id": 103
},
{
"act_id": 578,
"details": "103. Any police-officer may arrest without warrant any person committing in his presence or within his views any offence punishable under this Ordinance or under any other law for the time being in force. Explanation.- Nothing in this section shall be construed as restricting the exercise by any police-officer of any power of arrest conferred upon him by any other law.",
"name": "Power of arrest without warrant",
"related_acts": "",
"section_id": 104
},
{
"act_id": 578,
"details": "104. (1) A Court taking cognizance of an offence punishable under section 58, 59, 62, 63, 66, 71, 72, 73, 74, 75, 79, 80, 81, 82, 84, 85, 86, 94, 95, 96, 98 or 99 may state in the summons to be served on the accused person that he may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter and remit to the Court such sum, not exceeding one-fourth of the amount of fine specified for such offence, as the Court may specify. (2) Where an accused person pleads guilty and remits the sum specified, no further proceeding in respect of the offence shall be taken against him.",
"name": "Disposal of certain specified cases",
"related_acts": "",
"section_id": 105
},
{
"act_id": 578,
"details": "105. (1) If a police-officer, not below such rank as the Police Commissioner may by public notice specify, finds that an offence punishable under section 67, 68, 69 or 70 has been committed, he may give the person who has committed the offence or, when such person is not available, affix on the body of the vehicle in respect of which the offence has been committed, a notice in the prescribed form specifying- (a) \tthe offence committed by such person; (b) \tthe penalty, not exceeding fifty Taka, in the case of a motor vehicle and ten Taka, in any other case, which he is to pay; and (c) \tthe date on which he is to appear before the Magistrate and pay the penalty. (2) If such person appears before the Magistrate and pays the penalty on the specified date, no further proceeding in respect of the offence committed by him shall be taken against him. (3) If such person fails to appear before the Magistrate and pay the penalty on the specified date or does not show any cause to the satisfaction of the Magistrate for such failure, the penalty shall be realised from him in the same manner in which a fine imposed by a Magistrate may be realised as if it were a fine imposed by a Magistrate under this Ordinance. (4) If such person appears before the Magistrate on the specified date but denies to have committed the offence specified in the notice, the Magistrate shall take cognizance of the offence specified in the notice, treating the notice to be a report in writing made by the police-officer who wrote it, and proceed with the case in accordance with the other provisions of this Ordinance, and in the trial of the case the burden shall lie upon such person to prove that he has not committed such offence. (5) The provisions of this section shall have effect notwithstanding anything contained in this Ordinance or in any other law for the time being in force.",
"name": "Power of police-officer to impose penalty in certain cases",
"related_acts": "",
"section_id": 106
},
{
"act_id": 578,
"details": "106. Nothing in this Ordinance shall be construed to prevent any person from being prosecuted and punished under any other law for any offence made punishable by this Ordinance or from being prosecuted and punished under this Ordinance for an offence punishable under any other law: Provided that all such cases shall be subject to the provisions of section 403 of the Code.",
"name": "Prosecution for offences under other laws not affected",
"related_acts": "",
"section_id": 107
},
{
"act_id": 578,
"details": "107. No regulation, order, direction, inquiry or notice made or published and no act done under any provision of this Ordinance or of any rule or regulation made thereunder shall be deemed illegal, void, invalid or insufficient by reason of any defect of form or any irregularity of procedure.",
"name": "Regulations, orders, etc., not invalidated by defect of form or irregularity in procedure",
"related_acts": "",
"section_id": 108
},
{
"act_id": 578,
"details": "108. No police-officer shall be liable to any penalty or to payment of any damage on account of an act done in good faith in pursuance or intended pursuance of any duty imposed or any authority conferred on him by any provision of this Ordinance or any other law for the time being in force or any rule, regulation, order or direction made or given thereunder.",
"name": "Indemnity",
"related_acts": "",
"section_id": 109
},
{
"act_id": 578,
"details": "109. Notwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any police-officer for anything done or intended to be done under any provision of this Ordinance or of the rules, regulations or orders made thereunder, shall be commenced within six months after the act complained of has been committed, and a notice, in writing, of such proceeding and of the cause thereof shall be given to the police-officer concerned and his superior officer at least one month before the commencement of such proceeding.",
"name": "Limitation of legal proceedings",
"related_acts": "",
"section_id": 110
},
{
"act_id": 578,
"details": "110. Any public notice required to be given under any of the provisions of this Ordinance shall be in writing, shall be signed by the Police Commissioner, and shall be published in the locality to be affected thereby by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums or by advertising the same in such local newspaper as the Police Commissioner may deem fit, or by any two or more of these means and by any other means he may think suitable.",
"name": "Public notices how to be given",
"related_acts": "",
"section_id": 111
},
{
"act_id": 578,
"details": "111. Every licence, written permission, notice, or other document, not being a summons or warrant, required by this Ordinance or by any rule or regulation made thereunder to bear the signature of the Police Commissioner shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon.",
"name": "Stamping of signature",
"related_acts": "",
"section_id": 112
},
{
"act_id": 578,
"details": "112. The Government may, by notification in official Gazette, include within the limits of the Metropolitan Area any area adjacent thereto or exclude from the limits of the Metropolitan Area any area comprised therewith.",
"name": "Power of Government to include or exclude areas in or from Metropolitan Area",
"related_acts": "",
"section_id": 113
},
{
"act_id": 578,
"details": "113. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 114
},
{
"act_id": 578,
"details": "114. The laws specified in column 3 of Schedule III shall be amended in the manner specified in column 4 of that Schedule.",
"name": "Amendment of certain laws",
"related_acts": "",
"section_id": 115
}
],
"text": "An Ordinance to provide for the constitution of a separate police-force for the Chittagong Metropolitan Area and for the regulation thereof. WHEREAS it is expedient to provide for the constitution of a separate police-force for the Chittagong Metropolitan Area and for the regulation thereof and for matters connected therewith or ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975 and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 579,
"lower_text": [
"1 The colon (:) was substituted for the full-stop (.) and the proviso was added thereafter by section 19 of the Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982)"
],
"name": "The Law Reforms Ordinance, 1978",
"num_of_sections": 4,
"published_date": "5th December, 1978",
"related_act": [
75,
579,
86
],
"repelled": false,
"sections": [
{
"act_id": 579,
"details": "1. (1) This Ordinance may be called the Law Reforms Ordinance, 1978. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint; and separate dates may be appointed with respect to different provisions thereof.",
"name": "Short title and commencement",
"related_acts": "579",
"section_id": 1
},
{
"act_id": 579,
"details": "2. The laws specified in third column of the Schedule shall be amended in the manner set out in the fourth column thereof.",
"name": "Amendment of certain laws",
"related_acts": "",
"section_id": 2
},
{
"act_id": 579,
"details": "3. The Letters Patent in so far as they may have any application in relation to Bangladesh, or to, or in respect of jurisdiction, power and authority of, the Supreme Court of Bangladesh are hereby repealed.",
"name": "Repeal of Letters Patent",
"related_acts": "",
"section_id": 3
},
{
"act_id": 579,
"details": "4. (1) Notwithstanding any amendment made by this Ordinance in the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as the said Code, any appeal, application, trial, inquiry or investigation which was pending immediately before such amendment takes effect shall be continued, held, made or disposed of in accordance with the provisions of the said Code as was in force before such amendment as if no such amendment had been made: Provided that an inquiry under Chapter XVIII of the said Code which was so pending shall be held, conducted and disposed of in accordance with the provisions of the said Code as amended by this Ordinance 1: Provided further that it shall not be necessary for a Court of Session to hold trials with the aid of assessors. (2) Notwithstanding any amendment made by this Ordinance in the Code of Civil Procedure, 1908 (Act V of 1908), an appeal from an appellate decree, or an application for revision under section 115, which was pending before the High Court Division immediately before such amendment takes effect shall be continued and disposed of in accordance with the provisions of that Code as was in force before such amendment, as if no such amendment had been made. (3) Notwithstanding the repeal of the Letters Patent, all proceedings under the Letters Patent pending before the High Court Division immediately before such repeal shall be continued and disposed of, as if the repeal had not taken effect.",
"name": "Savings",
"related_acts": "75,86",
"section_id": 4
}
],
"text": "An Ordinance to amend certain laws for purposes of law reform. WHEREAS the Government constituted a Law Committee to review the recommendations of Law Reforms Commissions of 1958 and 1967 and to make suggestions with respect thereto in the light of the changed circumstances; AND WHEREAS the said Law Committee has made certain recommendations for reform with respect to certain laws; AND WHEREAS it is expedient to amend certain laws for the purpose of law reform in the light of the recommendations of the said Law Committee; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 580,
"lower_text": [
"1 The words, commas and the figure “Bangladesh, Ordinance, 1978” were substituted for the word “Bangladesh” by section 2 of the International Centre for Diarrhoeal Disease Research, Bangladesh (Amendment ) Ordinance, 1985 (Ordinance No. X of 1985)",
"2 Sub-section (2) was substituted by section 2 of the International Centre for Diarrhoeal Disease Research, Bangladesh (Amendment ) Act, 1998 (Act No. V of 1998)",
"3 The word “seventeen” was substituted for the word “sixteen” by section 3 of the International Centre for Diarrhoeal Disease Research, Bangladesh (Amendment ) Ordinance, 1985 (Ordinance No. X of 1985)",
"4 Clause (bb) was inserted by section 3 of the International Centre for Diarrhoeal Disease Research, Bangladesh (Amendment ) Ordinance, 1985 (Ordinance No. X of 1985)",
"5 The words, brackets, letters and figure “under clauses (b) and (bb) of sub-section (1)” were substituted for the words “by the World Health Organisation” by section 3 of the International Centre for Diarrhoeal Disease Research, Bangladesh (Amendment) Ordinance, 1985 (Ordinance No. X of 1985)",
"6 The words, brackets, figures and comma “Subject to provision of sub-section (1) of section 13, no Member ” were substituted for the words “No Member” by section 2 of the International Centre for Diarrhoeal Disease Research, Bangladesh (Amendment) Act, 1995 (Act No. XXII of 1995)",
"7 The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 3 of the International Centre for Diarrhoeal Disease Research, Bangladesh (Amendment ) Act, 1995 (Act No. XXII of 1995)"
],
"name": "The International Centre for Diarrhoeal Disease Research, Bangladesh, Ordinance, 1978",
"num_of_sections": 32,
"published_date": "9th December, 1978",
"related_act": [],
"repelled": true,
"sections": [
{
"act_id": 580,
"details": "1. (1) This Ordinance may be called the International Centre for Diarrhoeal Disease Research, 1Bangladesh, Ordinance, 1978. 2(2) It shall continue in force for a period of 50 years with effect from 9th December, 1978.",
"name": "Short title and Duration",
"related_acts": "",
"section_id": 1
},
{
"act_id": 580,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“Board” means the Board of Trustees for the Centre constituted under section 8; (b)\t“Centre” means the International Centre for Diarrhoeal Disease Research, Bangladesh established under section 3; (c)\t“Chairman” means the Chairman of the Board; (d)\t“Cholera Research Laboratory” means the Cholera Research Laboratory established in Bangladesh under an agreement executed on 15th May, 1974, between the Government of the People's Republic of Bangladesh and the Government of the United States of America and others; (e)\t“developing countries” mean those countries who have been put under this classification by the United Nations; (f) \t“Director” means Director of the Centre; (g) \t“donor” means an agency, organisation, or Government which contributes in cash or kind to the Centre; (h) \t“employee” includes regular, contractual and probationers employed by the Centre; (i) \t“member” means a member of the Board; (j) \t“officer” includes advisor, consultant and expert employed by the Centre; (k) \t“prescribed” means prescribed by bye-laws made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 580,
"details": "3. (1) There shall be an international centre to be called the “International Centre for Diarrhoeal Disease Research, Bangladesh” for carrying out the purposes of this Ordinance. (2) The Centre shall be a body corporate having perpetual succession and common seal with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued. (3) The Centre shall be an autonomous, international, philanthropic, and non-profit centre for research, education and training as well as clinical service.",
"name": "Establishment and Incorporation of the Centre",
"related_acts": "",
"section_id": 3
},
{
"act_id": 580,
"details": "4. (1) The Headquarters of the Centre shall be at Dacca. (2) The Centre may establish such subsidiary offices of research stations as may be decided by the Board as being necessary for effective conduct of its programme subject to the approval of the respective Governments.",
"name": "Headquarters of the Centre",
"related_acts": "",
"section_id": 4
},
{
"act_id": 580,
"details": "5. (1) The aims and objectives of the Centre shall be:- (a)\tTo function as an institution to undertake and promote study, research and dissemination of knowledge in diarrhoeal diseases and directly related subjects of nutrition and fertility with a view to developing improved methods of health care and for the prevention and control of diarrhoeal diseases and improvement of public health programmes with special relevance to developing countries. (b)\tTo provide facilities for training to Bangladeshi and other nationals in areas of the Centre's competence in collaboration with national and international institutions, but not to include conferring of academic degrees. (2) In fulfilling the above aims and objectives, the Centre shall have responsibilities:- (a)\tTo conduct clinical research, laboratory and animal experiments, epidemiological and survey research, field investigations, demonstration projects, within the applicable laws and regulations, or concurrence where necessary, of the Government and other countries where it may be appropriate; to hold meetings and to arrange lectures, seminars, discussions and conferences, both international and national, on clinical medicine, epidemiology, basic medical sciences, bio-statistics, demography, fertility and other social sciences relating to studies of diarrhoeal disease control and public health, in this section referred to as the studies. (b)\tTo publish books, periodicals, reports and research and working papers on the studies. (c) \tTo establish and maintain contact with scholars and their work on the studies through collaborative studies, seminars, exchange of visits or otherwise. (d)\tTo undertake studies on behalf of or in collaboration with other institutions. (e) \tTo maintain hospitals, clinics, laboratories, animal research facilities, libraries, reading rooms, scientific equipment and instruments, as well as vehicles, boats and other transport for its proper functioning. (f) \tTo ensure the rights and opportunities of Bangladesh scientific personnel to participate in the programme and activities of the Centre. (g) \tTo undertake a systematic staff development programme. (h)\tTo institute fellowships for different categories of professional workers on the studies. (i) \tTo create within itself, from time to time, branches, divisions, sections and other units for proper and efficient conduct of the activities of the Centre in different fields of the studies. (j) \tTo accept endowments, gifts, donations, grants, other funds, payments for services and to earn income. (k) \tTo take such other actions as may further the aims and objectives of the Centre.",
"name": "Aims and objectives of the Centre",
"related_acts": "",
"section_id": 5
},
{
"act_id": 580,
"details": "6. (1) There shall be an Interim International Committee for the purpose of assisting in the establishment of the Centre. The Interim Committee shall consist of the United Nations Development Programme which shall be its Chairman and the following initial members, namely:- (a) \tthe Government of Australia; (b) \tthe Government of Bangladesh; (c) \tthe Government of the United Kingdom; (d) \tthe Government of the United States of America; (e) \tthe Ford Foundation; (f) \tthe International Development Research Centre; (g) \tthe United Nations Fund for Population Activities; (h) \tthe United Nations Children Fund; and (i) \tthe World Health Organisation. (2) The Chairman of the Interim Committee may invite any other Government or Organisation to become members of the Interim Committee or to attend its meeting as observers. (3) The Interim Committee shall function through the representatives of its members. It shall meet at the call of the Chairman and shall conduct its business at such meeting. The decision of a meeting shall be taken either by consensus or by a majority of votes of the members present and voting, including the Chairman, each member having one vote. Majority of the members of the Interim Committee including its Chairman shall constitute a quorum. Subject to these provisions, the business of the Interim Committee shall be regulated by the rules of procedure adopted by it. (4) Unless otherwise decided by the Interim Committee the Secretariat of the Interim Committee shall be located in the premises of the Cholera Research Laboratory. (5) The Interim Committee shall take steps for the establishment of the Board. For this purpose it shall elect not less than seven nor more than eleven members for the first Board to be constituted under this Ordinance. It shall also specify the date on which the first Board shall assume its functions under this Ordinance. (6) The Interim Committee shall stand dissolved on the day on which the Board holds its first meeting, unless the Board by a Resolution continues the existence of the Interim Committee for such period and for the purpose as may be specified in the Resolution.",
"name": "Interim International Committee",
"related_acts": "",
"section_id": 6
},
{
"act_id": 580,
"details": "7.(1) The general direction, management and administration of the affairs of the Centre shall vest in the Board which shall have full authority to determine and execute the policies and undertakings of the Centre within the framework of this Ordinance. (2) Without prejudice to the generality of the foregoing provisions, the Board shall, in particular, have power- (a) to exercise general supervision over the affairs of the Centre; (b) to approve courses of studies and research work and other related activities to be conducted in the Centre in broad outlines; (c) to approve the plan, programme and organisation of the Centre; (d) to authorise the Centre to request and receive grants-in-aid from aid-giving agencies, Governments and other institutions; with intimation of such receipts to appropriate governmental agencies; (e) to authorise the Centre, if and when necessary, to borrow money or raise loans in accordance with the applicable laws and regulations of the countries in which the funds are being sought; (f) to select and appoint the Director and terminate his services; (g) to approve establishment of all international level positions in the Centre and approve the appointments of persons to these positions, and in its description, delegate to the Director authority to appoint persons to other staff positions; (h) to determine employment policies and practices of the Centre; (i) to examine and approve the budget for the Centre; and (j) to do and perform all other acts that may be considered necessary, suitable and proper for the attainment of any or all of the purposes, activities and objectives for which the Centre is established.",
"name": "Powers and Functions of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 580,
"details": "8. (1) the Board shall consist of 3seventeen members who shall serve in their individual capacity as follows:- (a) \tthree members nominated by the Government; (b) \ta member nominated by the Director-General of the World Health Organisation; 4(bb) a member to be nominated by a United Nations agency other than the World Health Organisation to be specified by the Government; (c) \tthe Director of the Centre; and (d)\televen members at large, who shall be chosen initially by the Interim Committee, comprising as members of the Interim Committee those Governments and organisations under sub-sections (1) and (2) of section 6. (2) At any given time, no country shall have more than two members except for Bangladesh under sub-section (1). (3) At any given time, the Board shall be so composed that, not counting the members nominated 5under clauses (b) and (bb) of sub-section (1) , more than 50% must come from the developing countries, including the members nominated by Bangladesh, and not less than one-third from developed countries. The Director shall be counted as coming from the developed or developing countries depending upon nationality. (4) The members shall be individuals qualified to serve by reason of scientific, research, administrative or other appropriate experience. (5) Except for the Director, all members shall be appointed to fill three-year terms, except for members of the initial Board. In the initial Board, all members except the Director shall be divided into three classes of approximately equal numbers, these classes serving terms of one, two and three years respectively. The Board shall decide how many members shall be in each class, and the members of each class shall be chosen by lot. (6) Vacancies in seats of members at large shall be filled by the Board. A member appointed to a vacancy arising from a cause other than the normal expiration of a term shall serve for the remainder of the term of the member being replaced. 6Subject to provision of sub-section (1) of section 13, no Member may serve more than two consecutive three-year terms or portion thereof, except that a member serving a term of less than three years on the initial Board may serve two consecutive three-year terms immediately thereafter.",
"name": "Constitution of the Board",
"related_acts": "",
"section_id": 8
},
{
"act_id": 580,
"details": "9. (1) The members shall elect one of them except the Director as Chairman for a term to be determined by the Board. (2) The Chairman shall preside over the Board meetings. (3) In the absence of the Chairman, the members present may appoint one of them as the Chairman for that meeting.",
"name": "The Chairman",
"related_acts": "",
"section_id": 9
},
{
"act_id": 580,
"details": "10. (1) The meetings of the Board shall be held at such time, place and manner as may be prescribed. A majority of the sitting membership shall constitute a quorum. (2) Except for the first year, at least two meetings of the Board shall be held in one calendar year. (3) In the meeting of the Board, each member shall have one vote, but in the event of equality of votes, the Chairman shall have the second or casting vote.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 10
},
{
"act_id": 580,
"details": "11. (1) No act or proceedings of the Board shall be invalid merely on the grounds of the existence of any vacancy in or defect in the constitution of the Board. A vacancy in the Board or a temporary absence of a member for any reason shall not impair the right of the remaining members to act. (2) All acts done by a person acting in good faith as the Chairman or member shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect or disqualification or had been terminated by virtue of any provision of law for the same being in force; but nothing in this section shall be deemed to give validity to any act of the Chairman, member or Director after his appointment has been shown to be invalid or to have been terminated.",
"name": "Validity of Proceedings",
"related_acts": "",
"section_id": 11
},
{
"act_id": 580,
"details": "12. (1) The Board may designate an Executive Committee of its members who shall have the power to act for the Board in the interim between Board meetings on all matters which the Board delegates to it. The Director and at least one of the Bangladeshi members shall serve as members of the Executive Committee. (2) All interim actions of the Executive Committee shall be reported to the Board at its next subsequent meeting. (3) The Board shall convene, at least once in two years, an external Scientific Review Committee from developing and developed countries of such numbers as the Board may decide for the purpose of carrying out a technical review of the scientific programmes of the Centre. (4) The Board shall create a Programme Co-ordination Committee for the purpose of co-ordination of research in Bangladesh and may create such other standing committees or ad hoc committees as may be deemed necessary for carrying out the responsibilities of the Centre. The Centre shall be supportive of, and avoid actions prejudicial to, the interest of research in similar fields carried out by other organisations in Bangladesh. A standing committee with representatives from the Government shall be set up for the purpose of co-ordinating research by the Centre with that of other organisations specifically in fertility and related fields in Bangladesh. (5) The Board shall authorise the creation of an Ethical Review Committee with representation from the Bangladesh Medical Research Council. (6) The Board may delegate its functions and powers to such committees as may be prescribed. (7) The powers, functions and duties of different committees shall be such as may be prescribed.",
"name": "Committees",
"related_acts": "",
"section_id": 12
},
{
"act_id": 580,
"details": "13. (1) The Centre shall be administered by a Director who shall be selected and appointed by the Board for a term of three years which may be renewable for another term 7: Provided that, the Board may in exceptional case, extend the tenure of the Director for a period maximum of which shall not exceed a period equivalent to another term. (2) The Director shall be the Chief executive of the Centre and subject to the provisions of this Ordinance, and the by-laws made thereunder, he shall administer and manage the affairs and funds of the Centre. (3) The Director shall be responsible for implementation of the decisions of the Board in directing, conducting and carrying out research and other activities of the Centre. (4) The Director may be assisted by a Deputy Director who shall be selected and appointed by the Board, in all matters assigned to him by the Director and shall act as the Director during the Director's absence, serving as a member of the Executive Committee but not assuming the seat of the Director on the Board.",
"name": "Director",
"related_acts": "",
"section_id": 13
},
{
"act_id": 580,
"details": "14. (1) Persons including Bangladeshi nationals appointed to the international level positions of the Centre by the Board shall receive the same privileges and salaries for equivalent positions; restrictions on pay and allowances imposed by the Government upon its nationals shall not be applicable. (2) Salaries and emoluments of non-international level positions should be comparable to those paid by the United Nations Organisations in Bangladesh.",
"name": "Salaries, etc.",
"related_acts": "",
"section_id": 14
},
{
"act_id": 580,
"details": "15. The Chairman, members, Director, officers and employees shall be indemnified by the Centre against all losses and expenses incurred by them in or in relation to the discharge of their duties, except such as have been caused by their wilful act of default or negligence.",
"name": "Indemnity",
"related_acts": "",
"section_id": 15
},
{
"act_id": 580,
"details": "16. The Chairman, members, Director, officers and employees shall while acting or purporting to act in pursuance of any provision of this Ordinance or by-laws made thereunder, be deemed to be a public servant within the meaning of section 21 of the Penal Code (Act XLV of 1860).",
"name": "Public Servant",
"related_acts": "",
"section_id": 16
},
{
"act_id": 580,
"details": "17. (1) The Centre shall have its own fund which shall consist of- (a) \tgrants made by the Government; (b)\tgrants and contributions from other Governments and their agencies, international organisations and private organisations; (c) \tgifts and endowments; (d) \tsale proceeds and royalties of publications; (e) \tincome from research and contractual undertakings; and (f) \tother sources. (2) All funds of the Centre shall ordinarily be kept in any nationalised Bank or Banks in Bangladesh as approved by the Board.",
"name": "Fund",
"related_acts": "",
"section_id": 17
},
{
"act_id": 580,
"details": "18. (1) The Director shall maintain the accounts of all receipts and expenditures of the Centre in the manner as may be prescribed and such accounts shall be audited annually by Chartered Accountants as may be appointed by the Board in this behalf, a report of which shall be submitted to the Board. (2) Copies of such audited reports shall be supplied to the donors.",
"name": "Accounts of Receipts and Expenditure",
"related_acts": "",
"section_id": 18
},
{
"act_id": 580,
"details": "19. The Director shall, as soon after the end of every financial year as may be directed by the Board, prepare for the Board an annual report of the working of the Centre and a statement of receipts and expenditure of the Centre. Following the approval by the Board it shall be circulated to the donors.",
"name": "Annual Report and Statement of Accounts",
"related_acts": "",
"section_id": 19
},
{
"act_id": 580,
"details": "20. (1) The Centre shall be exempted from the labour laws in force in the country. It shall be governed by its own by-laws as may be prescribed. (2) The Centre shall not be construed as a “shop”, “commercial establishment”, “industrial establishment”, “factory” or “industry” within the meaning of the Shops and Establishment Act, 1965 (VII of 1965), the Factories Act, 1965 (IV of 1965) or the Industrial Relations Ordinance, 1969 (XXIII of 1969).",
"name": "Exemption from Labour Laws",
"related_acts": "",
"section_id": 20
},
{
"act_id": 580,
"details": "21. (1) Notwithstanding anything contained in any law for the time being in force relating to any tax, rate or duty, the Centre shall not be liable to pay any tax, rate or duty other than those paid by any other person in respect of any movable or immovable property which the Centre purchases or otherwise acquires from such person and other than those payable in respect of public utilities like water, gas, electricity, telephone and municipal rates. (2) All non-Bangladeshi experts, technicians and research scholars employed by the Centre and working in Bangladesh for the furtherance of the objectives of the Centre shall be exempt, notwithstanding the provisions of the Income Tax Act, 1922 (XI of 1922), from payment of income tax in respect of any salary or other remuneration received or deemed to be received by them or accruing or arising, or deemed to accrue or arise in Bangladesh to them, if such salary or other remuneration of the person is also exempt from the payment of tax in the country of his domicile or permanent residence and evidence in respect of the said exemption is produced to the income tax authority concerned in Bangladesh. Such person shall also be accorded privileges for importation of personal and household effects and articles for consumption free of customs duty and sales tax as are accorded, under laws and regulation in force from time to time, to the expatriate experts, technicians and consultants working in Bangladesh under international agreements.",
"name": "Exemption from tax, rate and duty",
"related_acts": "",
"section_id": 21
},
{
"act_id": 580,
"details": "22. The Chairman, Trustee, Director, Officers, and employees- (a) \tshall be immune from any legal process with respect to any acts performed by them in their official capacity except when the Board or the Director waives their immunity, which should be reported to the Board; and (b)\tthose who are nationals of countries other than Bangladesh, and their spouses and dependents, shall be free from immigration restrictions, other than normal visa requirements, and alien registration requirements in accordance with the laws and regulations of the Government.",
"name": "Immunities and privileges of officers and employees",
"related_acts": "",
"section_id": 22
},
{
"act_id": 580,
"details": "23. (1) The centre, its property and assets wherever located and by whomsoever held, shall enjoy immunity from every form of judicial process except for criminal offences for which the Board or the Director expressly waives its immunity for the purpose of any proceeding. Such action shall be reported to the Board. (2) All property and assets of the Centre shall be free from any restrictions, regulations, controls and moratoria of any nature to the extent it is necessary to carry out the objectives and functions of the Centre effectively. (3) Subject to national and international laws and regulations, the Centre shall be entitled to movement of biological materials in and out of the country.",
"name": "Immunities and privileges",
"related_acts": "",
"section_id": 23
},
{
"act_id": 580,
"details": "24. The Board may waive any of the privileges, immunities, and exemptions granted under this Ordinance in any particular case or instance, in such a manner and upon such conditions as it may determine to be appropriate in the best interest of the Centre.",
"name": "Waiver of Immunity, Exemption and Privileges",
"related_acts": "",
"section_id": 24
},
{
"act_id": 580,
"details": "25. (1) The Centre shall enjoy the privilege of free publication and dissemination of its research and other scientific work. (2) All research materials and scientific results shall be treated as property of the Centre and shall not be used, published, duplicated or transferred for private advancements or other material gains or used by any other institution without express approval of the Centre.",
"name": "Free publication and dissemination of research",
"related_acts": "",
"section_id": 25
},
{
"act_id": 580,
"details": "26. (1) The Centre shall enjoy full rights of patents and copyrights with respect thereto under Bangladesh and foreign laws. (2) It shall be the responsibility of the Board to ensure that appropriate arrangements are made concerning the public availability of patents, licences, copyrights and the like arising from the Centre's scientific results and discoveries.",
"name": "Patents and Copyrights",
"related_acts": "",
"section_id": 26
},
{
"act_id": 580,
"details": "27. The Centre may establish benevolent fund for its officers and employees for the purpose of providing welfare amenities and facilities for their betterment and development, and the same shall be regulated in the manner as may be prescribed.",
"name": "Benevolent fund",
"related_acts": "",
"section_id": 27
},
{
"act_id": 580,
"details": "28. The Board may make by-laws for carrying out the purposes and provisions of this Ordinance.",
"name": "Power to make by-laws",
"related_acts": "",
"section_id": 28
},
{
"act_id": 580,
"details": "29. The Government may provide facilities and privileges to the Centre for its proper development and expansion including lease of land at nominal or no rent.",
"name": "Government support for facilities",
"related_acts": "",
"section_id": 29
},
{
"act_id": 580,
"details": "30. On the commencement of this Ordinance, the Cholera Research Laboratory, in this section referred to as the CRL, shall notwithstanding anything contained in any other law for the time being in force, or in any other instrument or in the agreement under which it was established, stand dissolved and upon the such dissolution- (a)\tall assets and liabilities of the CRL shall stand transferred to, and vested in, the Centre. Explanation.- (i) \tThe term “assets” includes all rights, powers, authorities and privileges, 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 or whatever nature relating thereto, and all properties, movable and immovable which were owned, used and/or possessed by the CRL other than land and buildings thereupon wherever they may be situated. (ii)\tThe term “liabilities” shall be limited to all obligations to claims on behalf of ex-employees of the CRL at the time of dissolution for compensation or under existing employment agreements or other contractual arrangements and vendors of goods and services to the CRL. (b)\tall officers, employees, consultants, advisors, and other staff of the CRL shall hold their respective offices on the same terms and conditions and with the same rights and privileges which were enjoyed by them immediately before the commencement of this Ordinance and shall continue to do so until the same are duly altered by the Board.",
"name": "Dissolution of the Cholera Research Laboratory",
"related_acts": "",
"section_id": 30
},
{
"act_id": 580,
"details": "31. Notwithstanding the dissolution of the Cholera Research Laboratory, anything done or action taken in good faith in or in relation to the Cholera Research Laboratory before the commencement of this Ordinance 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, except those currently under adjudication.",
"name": "Validation, etc.",
"related_acts": "",
"section_id": 31
},
{
"act_id": 580,
"details": "32. (1) At any time that the Board may determine by vote of less than three-fourths of its sitting members, whether or not present and voting, that the Centre is no longer able to function effectively or is no longer required, the Board may recommend to the Government the dissolution of the Centre. (2) In the event of dissolution, any land or other assets made available to the Centre by the Government, and permanent fixed capital improvements thereon, shall revert to the Government. The other assets of the Centre shall be retained by the Government and by other Governments where assets distributed to institutions having purposes similar to Government or other Governments where appropriate, and the Board.",
"name": "Dissolution",
"related_acts": "",
"section_id": 32
}
],
"text": "An Ordinance to provide for the establishment of an International Centre for Diarrhoeal Disease Research, Bangladesh. WHEREAS it is expedient to provide for the establishment of an international centre for diarrhoeal research in Bangladesh with multinational scientific collaboration and financial contributions to conduct research in diarrhoeal diseases and directly related subjects of nutrition and fertility with special relevance to developing countries and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 581,
"lower_text": [],
"name": "The Appropriation (Railways Supplementary) Act, 1979",
"num_of_sections": 3,
"published_date": "25th June, 1979",
"related_act": [
581
],
"repelled": false,
"sections": [
{
"act_id": 581,
"details": "1. This Act may be called the Appropriation (Railways Supplementary) Act, 1979.",
"name": "Short title",
"related_acts": "581",
"section_id": 1
},
{
"act_id": 581,
"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 four crores, twelve lakhs and twenty one thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1979, in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 4,12,21,000 out of the Consolidated Fund for the year 1978-79",
"related_acts": "",
"section_id": 2
},
{
"act_id": 581,
"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, 1979.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to authorise expenditure of certain further sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1979. WHEREAS it is expedient to authorise expenditure of certain further sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1979; It is hereby enacted as follows:-"
} |
{
"id": 582,
"lower_text": [],
"name": "The Appropriation (Railways) Act, 1979",
"num_of_sections": 3,
"published_date": "25th June, 1979",
"related_act": [
582
],
"repelled": false,
"sections": [
{
"act_id": 582,
"details": "1. This Act may be called the Appropriation (Railways) Act, 1979.",
"name": "Short title",
"related_acts": "582",
"section_id": 1
},
{
"act_id": 582,
"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 nineteen crores, thirty-eight lakhs and eighty-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, 1980 in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 219,38,87,000 out of the Consolidated Fund for the year 1979-80",
"related_acts": "",
"section_id": 2
},
{
"act_id": 582,
"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, 1980.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to authorise expenditure of certain sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1980. WHEREAS it is expedient to authorise expenditure of certain sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1980; It is hereby enacted as follows:-"
} |
{
"id": 583,
"lower_text": [],
"name": "The Appropriation (Supplementary) Act, 1979",
"num_of_sections": 3,
"published_date": "25th June, 1979",
"related_act": [
583
],
"repelled": false,
"sections": [
{
"act_id": 583,
"details": "1. This Act may be called the Appropriation (Supplementary) Act, 1979.",
"name": "Short title",
"related_acts": "583",
"section_id": 1
},
{
"act_id": 583,
"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 four hundred ninety-six crores, seventy lakhs and twenty-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, 1979, in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 496,70,29,000 out of the Consolidated Fund for the year 1978-79",
"related_acts": "",
"section_id": 2
},
{
"act_id": 583,
"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, 1979.",
"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, 1979. 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, 1979; It is hereby enacted as follows:-"
} |
{
"id": 584,
"lower_text": [],
"name": "The Finance Act, 1979",
"num_of_sections": 10,
"published_date": "30th June, 1979",
"related_act": [
354,
584,
155,
206,
402,
570,
123
],
"repelled": false,
"sections": [
{
"act_id": 584,
"details": "1. (1) This Act may be called the Finance Act, 1979. (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 first day of July, 1979.",
"name": "Short title and commencement",
"related_acts": "584,155",
"section_id": 1
},
{
"act_id": 584,
"details": "2. The following amendments shall be made in the Income-tax Act, 1922 (XI of 1922), namely:- (1) \tin section 2, in clause (6A), in sub-clause (a), after the words “payment made by a company”, the comma, words and figure “, including a company the income, profits and gains of which is exempted from payment of taxes under section 14A” shall be inserted; (2) \tin section 4, after sub-section (2D), the following new sub-section (2E) shall be inserted, namely:- “(2E) where, in any previous year the assessee has incurred expenses and he offers no explanation about the nature or source of the money from which the expenses were met or the explanation offered by him is not, in the opinion of the Deputy Commissioner of Taxes, satisfactory, the amount of expenses may be deemed to be the income of the assessee for such previous year.”; (3) in section 10,- (a) \tin sub-section (2), after clause (vibb), the following new clauses (vic) and (vid) shall be added, namely:- “(vic) an investment allowance equivalent to twenty per cent of the cost of a passenger vessel or a fishing trawler referred to in clause (vibb) in respect of the year in which the passenger vessel or the fishing trawler is first put to use for public utility; (vid) in respect of depreciation of ships, other than ships ordinarily plying on inland waters, registered in Bangladesh and brought into use in Bangladesh for the first time on any day between the first day of July, 1979, and the thirtieth day of June, 1983, being the property of the assessee, a sum equivalent to 40 per cent in the first year, 30 per cent in the second year and 30 per cent in the third year on the original cost to the assessee, notwithstanding anything contrary contained in clause (vi): Provided that- (a) \tthe ship, other than the ship ordinarily plying on inland waters, in respect of which the depreciation is claimed, fulfils such specifications as may be specified in this behalf by the Government by notification in the official Gazette; (b) the prescribed particulars have been duly furnished; (c) \twhere the full effect cannot be given to such allowance in any year owing to there being no profits or gains chargeable for that year, or owing to the profits or gains chargeable being less than the allowance, then, subject to the provisions of clause (b) of the proviso to sub-section (2) of section 24, the allowance or part of the allowance to which effect has not been given, as the case may be, shall be added to the amount of the allowance for depreciation for the following year and deemed to be the part of that allowance, or, if there is no such allowance for that year, be deemed to be the allowance for that year and so on for succeeding years; and (d) \tthe aggregate of all such allowances made under this Act shall, in no case, exceed the original cost to the assessee of the ship other than the ship ordinarily plying on inland waters: Provided further that the ship, other than the ship ordinarily plying on inland waters, to which the depreciation at 40%, 30% and 30% has been allowed shall not be entitled to the allowances referred to in clause (vi);”; (b) \tin sub-section(4), in clause (e), for the full stop at the end a semi-colon shall be substituted and thereafter the following new clause (f) shall be added, namely:- “(f) any allowance in respect of such expenditure on publicity and advertisement as may be prescribed.”; (4) \tin section 12B, in sub-section (1), for the first proviso the following shall be substituted, namely:- “Provided that any distribution of capital assets on the total or partial partition of a Hindu undivided family, or on the dissolution of a firm or other association of persons, or on the liquidation of a company, or any transfer under a deed of gift, bequest, will or transfer on irrevocable trust shall not, for the purposes of this section, be treated as sale, exchange or transfer of the capital assets:”; (5) in section 14A,- (a)\tin sub-section (2B),- (i) in clause (c),- (1) for the word “sixty” occurring twice, the word “thirty” shall be substituted in both the places; and (2) for the word “thirty”, the word “fifteen” shall be substituted; (ii) \tin clause (d), in the proviso, for the semi-colon a colon shall be substituted and thereafter the following new proviso shall be added, namely:- “Provided further that the National Board of Revenue may admit an application after the expiry of the said period of four months if it is satisfied that there was sufficient cause for not making the application within the said period;”; (b) \tin sub-section (2D), in clause (c),- (i) \tfor the word “sixty” occurring twice, the word “thirty” shall be substituted in both the places; and (ii) \tfor the word “thirty”, the word “fifteen” shall be substituted; (a) after sub-section (2D), the following new sub-section (2E) shall be inserted, namely:- “(2E) Nothing contained in this section shall be deemed to exempt from tax any dividend paid, credited or distributed or deemed to have been paid, credited or distributed by a company to its shareholders out of the profits or gains exempt from tax under this section.”; (6) \tin section 15AA, in sub-section (1), for the comma, words, brackets and figures “, sub-section (3A) and sub-section (4)” the words, brackets and figure “and sub-section (3A)” shall be substituted and shall be deemed to have been so substituted on and from the 1st day of July, 1978; (7) \tin section 15C, in sub-section (1), the words, brackets and figures “of sub-section (4) of section 15 and the provisions” shall be omitted and shall be deemed to have been so omitted on and from the 1st day of July, 1978; (8) \tin section 15CC, in sub-section (1), the word, brackets and figure “and (4)” shall be omitted and shall be deemed to have been so omitted on and from the 1st day of July, 1978; (9)\t in section 15F, the comma, words, brackets and figure “, and sub-section (4)” shall be omitted and shall be deemed to have been so omitted on and from the 1st day of July, 1978; (10) in section 17, in sub-section (5), in clause (b), in sub-clause (ii), in paragraph (2), for the full stop at the end a colon shall be substituted and thereafter the following new proviso shall be added, namely:- “Provided that nothing contained in this sub-section shall apply in case of an assessee whose income chargeable under the head “capital gains” has arisen on account of disposal by him of his capital asset or assets acquired before the 14th day of August, 1947.”; (11) in section 22,- (a) \tin sub-section (1), after the words “shall furnish a return”, the words “in the prescribed form and verified in the prescribed manner” shall be inserted; (b) \tin sub-section (4A), for the words “the total assets and liabilities of himself” the words and comma “the total assets, liabilities and expenses of himself” shall be substituted; (12) in section 23B, in sub-section (6), for the words and figures “under section 18 or section 18A” the words, comma and figures “under section 18, section 18A or section 22A” shall be substituted; (13) in section 25, in sub-section (6), for the word “member” the word “partner” shall be substituted; (14) in section 30, in sub-section (1), for the words “additional tax” the words “simple interest” shall be substituted and shall be deemed to have been so substituted on and from the 1st day of July, 1978; (15) in section 31, in sub-section (2), after the word and comma “appeal,”, the words and comma “make such further enquiry as he thinks fit, or” shall be inserted; (16) in section 34,- (a) in sub-section (1A), in clause (b), the word “deliberately” shall be omitted; (b) \tin sub-section (2), the word “deliberately” shall be omitted; and (c) \tin sub-section (2A), the word “deliberately” shall be omitted; (17) in section 47A,- (a) \tin sub-section (1), for the words “twenty thousand Taka” the words “fifty thousand Taka” shall be substituted; and (b) \tafter sub-section (2), the following new sub-section (2A) shall be inserted, namely:- “(2A) Notwithstanding anything contained in sub-section (1), if any right, title or interest in any immovable property is transferred in collusion with the purchaser to avoid obtaining of a certificate from the Deputy Commissioner of Taxes as provided for in sub-section (1), the liability of the transferor to pay tax under this Act or the Gift-tax Act, 1963 (XIV of 1963), shall be a charge on the property so transferred.”; (18) in section 52, for the words, brackets, figures and letters “sub-clause (ivb) of clause (b) of sub-section (4A) of section 15BB” the words, brackets, letters and figures “or clause (d) of sub-section (2B) of section 14A” shall be substituted.",
"name": "Amendment of Act XI of 1922",
"related_acts": "",
"section_id": 2
},
{
"act_id": 584,
"details": "3. In the Amusements Tax Act, 1922 (Ben. Act V of 1922), CHAPTER I shall stand repealed on such date as the Government may, by notification in the official Gazette, appoint.",
"name": "Amendment of Ben. Act V of 1922",
"related_acts": "123",
"section_id": 3
},
{
"act_id": 584,
"details": "4. 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": 4
},
{
"act_id": 584,
"details": "5. The following amendments shall be made in the Excises and Salt Act, 1944 (I of 1944), namely:- (1) throughout the Act, except in clause (b) of section 2, for the words “National Board of Revenue” the word “Board” shall be substituted; (2) for section 2 the following shall be substituted, namely:- “ 2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,- (a) “admission” includes admission as a spectator or as one of an audience, and admission for the purpose of amusement by taking part in an entertainment; (b) “Board” means the National Board of Revenue constituted under the National Board of Revenue Order, 1972 (P.O. No. 76 of 1972); (c) “broker” or “commission agent” means a person who, in the ordinary course of business, makes contracts for the sale or purchase of excisable goods for others; (d) “charge for admission” includes any payment made by a person who having been admitted to one part of a place of entertainment is subsequently admitted to another part thereof, for admission to which a payment involving a duty or a higher rate of duty is required, and any payment for seats or other accommodation in a place of entertainment; (e) “curing” includes wilting, drying, fermenting and any process for rendering an unmanufactured product fit for marketing or manufacture; (f) “distributor” means a person appointed by a manufacturer in or for a specified area to purchase excisable goods from him for sale to a wholesale dealer in that area; (g) “enterprise” includes a company, firm, establishment, institution, club or any other association of persons by whatever name called; (h) “entertainment” includes any cinema show, theatrical performance, musical performance, amusement, exhibition, show or performance in any other manner or by whatever name called, games and sports to which persons are admitted on payment; (i) “Excise Officer” means any officer of the Excise Department or any person invested by the Board with any of the powers of an Excise officer under this Act or the rules made thereunder; (j) “excisable goods” means goods specified in Part I of the First Schedule as being subject to a duty of excise and includes salt; (k) “excisable services” means services, facilities, utilities and entertainments specified in Part II of the First Schedule as being subject to a duty of excise; (l) “factory” means any premises, including the precincts thereof, wherein or in any part of which excisable goods other than salt are manufactured, or wherein or in any part of which any manufacturing process connected with the production of these goods is being carried on or is ordinarily carried on; (m) “manufacture” includes any process incidental or ancillary to the completion of a manufactured product and any process of remanufacture, re-making, re-conditioning or repair and the process of packing or re-packing such product; and (i) in relation to tobacco, includes the preparation of cigarettes, cigars, cheroots, biris, cigarette or pipe or hookah tobacco, chewing tobacco or snuff; and (ii) in relation to salt, includes collection, removal, preparation, steeping, evaporation, boiling, or any one or more of these processes, the separation or purification of salt obtained in the manufacture of saltpetre, the separation of salt from earth or other substance so as to produce alimentary salt and the excavation or removal of natural saline deposits or efflorescence; and the word “manufacturer” shall be construed accordingly and shall include not only a person who employs hired labour in the production or manufacture of excisable goods, but also any person who engages in their production or manufacture on his own account if those goods are intended for sale; and (iii) in respect of gold and silver and products thereof, also any person dealing in gold and silver and products thereof who, whether or not he carries out any process of manufacture himself or through his employees or relatives, gets any process of manufacture carried out on his behalf by any person who is not in his employ, and any person so dealing in gold and silver and products thereof shall be deemed to have manufactured for all purposes of this Act all products of gold or silver in which he deals in any capacity whatever; (n) “prescribed” means prescribed by rules made under this Act; (o) “sale” and “purchase”, with their grammatical variations and cognate expressions, mean any transfer of the possession of goods by one person to another in the ordinary course of trade or business for cash or deferred payment or other consideration; (p) “saltpetre” includes rasi, sajji, and all other substances manufactured from saline earth, and kharinun and every form of sulphate or carbonate of soda; (q) “salt factory” includes- (i) a place used or intended to be used in the manufacture of salt and all embankments, reservoirs, condensing and evaporating pans, buildings and waste places situated within the limits of such place as defined from time to time by the Collector of Excise; (ii) all drying grounds and storage platforms and store-houses appertaining to any such place; (iii) land on which salt is spontaneously produced; and a “private salt factory” is one not solely owned or not solely worked by the Government; (r) “wholesale dealer” means a person who buys or sells excisable goods wholesale for the purpose of trade or manufacture, and includes a broker or commission agent who, in addition to making contracts for the sale or purchase of excisable goods for others, stocks such goods belonging to others as an agent for the purpose of sale.”; (3) in section 4, after sub-section (3), the following new sub-section (4) shall be added on such date as the Government may, by notifications in the official Gazette, appoint, namely:- “(4) Where under this Act any entertainment is subject to a duty dependent on the charge for admission to such entertainment and- (a) the proprietor or enterprise of an entertainment admits any person to any place of entertainment as a spectator or as an audience for the purpose of amusement by taking part in it without any payment or on payment of an amount less than the amount normally charged for admission thereto, the duty shall nevertheless be levied and collected on the amount which would have been charged for such entertainment had it not been provided free of charge or at a concessional rate; and (b) the amount with reference to which the duty shall be payable shall be the amount charged for admission to an entertainment, exclusive of the duty and any other tax, which a spectator or as audience pays or would have to pay but for any special relation ship between the parties in question. Explanation.- For the purpose of clause (a),- (i) “proprietor” in relation to any entertainment, includes any person responsible for the management thereof; and (ii) in case there are different classes of seats in the entertainment 'place of entertainment' means the class to which such person is admitted.”; (4) in section 33, in clause (b), for the words and comma “Deputy Collector, Assistant Collector or Superintendent of Excise” the words and comma “Deputy Collector of Excise, Assistant Collector of Excise or Superintendent of Excise” shall be substituted; (5) in section 37, in sub-section (2), after clause (xi), the following new clauses (xia) and (xib) shall be inserted, namely:- “(xia) provide for the supply and use of stamps or stamped tickets or for the stamping of tickets sent to be stamped; and for securing the defacement of stamps when used; for controlling the use of barriers or mechanical contrivances in use for admission of persons to the entertainments; for the checking of admissions and for the renewal of damaged or spoiled stamps; (xib) provide for the maintenance of books of accounts, registers, bills and tickets and for the submission of returns and statements;”; and (6) the First Schedule shall be amended in the manner set out in the Second Schedule to this Act.",
"name": "Amendments of Act I of 1944",
"related_acts": "206,402",
"section_id": 5
},
{
"act_id": 584,
"details": "6. In the Estate Duty Act, 1950 (X of 1950), in section 25A, in clause (3), in the proviso, for the words “five lakh” the words “ten lakh” shall be substituted.",
"name": "Amendment of Act X of 1950",
"related_acts": "",
"section_id": 6
},
{
"act_id": 584,
"details": "7. In the Sales Tax Act, 1951 (III of 1951), in section 22, for the figure and letter “38A” the figure and letters “38AA” shall be substituted.",
"name": "Amendment of Act III of 1951",
"related_acts": "",
"section_id": 7
},
{
"act_id": 584,
"details": "8. The following amendments shall be made in the Wealth-tax Act, 1963 (XV of 1963), namely:- (1) in section 2, in clause (e), sub-clause (iii) shall, be omitted; (2) in section 5, in sub-section (1), in clause (xi), for the full stop at the end a semi-colon shall be substituted and thereafter the following new clause (xii) shall be added, namely:- “(xii) a house owned and occupied by an assessee for the purpose of his own residence, subject to the following limits, namely:- (a) \twhere the value of such house does not ÔǪÔǪÔǪÔǪthe whole of such value; exceed Taka ten lakh, (b) \twhere the value of such house exceeds Taka ten lakh, ÔǪÔǪÔǪ..Taka ten lakh.”; (3) for the Schedule the following shall be substituted, namely:- “THE SCHEDULE (See section 3) Rates of Wealth-tax Rate. 1. On the first Taka five lakh of net wealth .. Nil 2. On the next Taka five lakh of net wealth .. ½ % 3. On the next Taka five lakh of net wealth .. ¾ % 4. On the next Taka five lakh of net wealth .. 1 % 5. On the next Taka five lakh of net wealth .. 1¼ % 6. On the next Taka five lakh of net wealth .. 1 ½ % 7. On the next Taka five lakh of net wealth .. 2 % 8. On the balance of net wealth .. 2½ %",
"name": "Amendments of Act XV of 1963",
"related_acts": "",
"section_id": 8
},
{
"act_id": 584,
"details": "9. The following amendments shall be made in the Customs Act, 1969 (IV of 1969), namely:- (1) in section 30, in sub-section (2), after the words “of this section”, the comma, word and figure, “, section 31” shall be inserted; (2) \tfor section 31 the following shall be substituted, namely:- “31. \tDate for determination of export duty.- The rate of duty applicable to, and the rate of exchange for computation of the value of, any goods exported shall be the rate of duty or, as the case may be, the rate of exchange prevailing on the date of the delivery of the bill of export under section 131: Provided that where the export of any goods is permitted without a bill of export or in anticipation of the delivery of such a bill, the rate of duty applicable to, and the rate exchange for the computation of the value of, such goods shall be the rate of duty or, as the case may be, the rate of exchange applicable on the date on which loading of the goods on the outgoing conveyance commences.”.",
"name": "Amendments of Act IV of 1969",
"related_acts": "354",
"section_id": 9
},
{
"act_id": 584,
"details": "10. (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, 1979,- (a) \tincome-tax shall be charged at the rate specified in Part 1 on the Third Schedule, and (b) \tthe rates of super-tax shall, for the purpose 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, 1979,- (a) where 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 Ordinance, 1978 (XXI of 1978), 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, 1979, where the assessee is a co-operative society, the tax shall be payable at the rate 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 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, 1979, 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. (i) Where the goods exported abroad had not been manufactured by the assessee who exported them: 30 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 40 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 20 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: 30 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: 40 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: 50 per cent of the income-tax and super-tax, if any, attributable to export sales. (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) raw hides and skin and wet-blue leather, (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 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, 1979, and ending on the thirtieth day of June, 1980. (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 the 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": "570",
"section_id": 10
}
],
"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": 585,
"lower_text": [],
"name": "The Appropriation Act, 1979",
"num_of_sections": 3,
"published_date": "30th June, 1979",
"related_act": [
585
],
"repelled": false,
"sections": [
{
"act_id": 585,
"details": "1. This Act may be called the Appropriation Act, 1979.",
"name": "Short title",
"related_acts": "585",
"section_id": 1
},
{
"act_id": 585,
"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 Five thousand five hundred seventy-three crores, thirty-nine lakhs and forty-three thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1980, in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 5573,39,43,000 out of the Consolidated Fund for the year 1979-80",
"related_acts": "",
"section_id": 2
},
{
"act_id": 585,
"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, 1980.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to authorise payment and appropriation of certain sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1980. WHEREAS it is expedient to authorise payment and appropriation of certain sums from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1980; It is hereby enacted as follows:-"
} |
{
"id": 586,
"lower_text": [
"1 The words “in this behalf by general or special order” were inserted by section 2 of the Government Servants (Special Provisions) (Amendment) Act, 1990 (Act No. VII of 1990)",
"2 The words “or the person who framed the charge” were inserted by section 2 of the Government Servants (Special Provisions) (Amendment) Act, 1990 (Act No. VII of 1990)",
"3 The words “or the person who framed the charge” were inserted by section 2 of the Government Servants (Special Provisions) (Amendment) Act, 1990 (Act No. VII of 1990)",
"4 The words “Appeal and review” were substituted for the word “Appeal” by section 3 of the Government Servants (Special Provisions) (Amendment) Act, 1990 (Act No. VII of 1990)",
"5 Sub-sections (2) and (3) were substituted for sub-section (2) by section 3 of the Government Servants (Special Provisions) (Amendment) Act, 1990 (Act No. VII of 1990)"
],
"name": "The Government Servants (Special Provisions) Ordinance, 1979",
"num_of_sections": 7,
"published_date": "22nd February, 1979",
"related_act": [
586
],
"repelled": true,
"sections": [
{
"act_id": 586,
"details": "1. This Ordinance may be called the Government Servants (Special Provisions) Ordinance, 1979.",
"name": "Short title",
"related_acts": "586",
"section_id": 1
},
{
"act_id": 586,
"details": "2. This Ordinance shall have effect notwithstanding anything contained in any law, rules and regulations relating to Government servants or in the conditions of service of any Government servant.",
"name": "Ordinance to override all other laws, etc.",
"related_acts": "",
"section_id": 2
},
{
"act_id": 586,
"details": "3. Where a Government servant- (a) \tengages in any activity which causes disaffection among, or interferes with the discipline of, or obstructs the performance of duties by, any other Government servant; or (b) \twithout leave of absence or any reasonable excuse, absents himself or otherwise abstains from, or fails to perform, his duties, whether or not in concert with others; or (c) \tincites or in any manner persuades any other Government servant to be absent or to abstain from, or not to perform, his duties; or (d) \tprevents any Government servant from attending to or performing his duties; he shall be liable to be punished with any of the penalties mentioned in Section 4.",
"name": "Offences",
"related_acts": "",
"section_id": 3
},
{
"act_id": 586,
"details": "4. The following shall be the penalties which may be imposed under this Ordinance, namely:- (a) \tdismissal from service; (b) \tdischarge from service; and (c) \treduction in rank or pay.",
"name": "Penalties",
"related_acts": "",
"section_id": 4
},
{
"act_id": 586,
"details": "5. (1) When a Government servant is to be proceeded against for any of the offences mentioned in section 3, the appointing authority or any person authorised by him 1in this behalf by general or special order shall frame a charge and, by notice accompanied by the charge, require the Government servant, hereinafter called the accused, to show cause, within a period which shall not be less than two days nor more than five days from the date of the service of the notice, why he should not be punished under this Ordinance and also to state whether he desires to be heard in person. (2) If, after consideration of the cause, if any, shown by the accused, and hearing him in person, if the accused appears for the purpose, the appointing authority 2or the person who framed the charge finds the accused guilty of the charge, or if no cause is shown within the required period, the appointing authority 3or the person who framed the charge shall, by notice specifying the penalty proposed to be imposed, require the accused to show cause within three days of the service of the notice, why the penalty specified therein shall not be imposed. (3) After considering the cause, if any, shown under sub-section (2), or if no cause is shown within required period, the appointing authority may impose upon the accused the penalty specified in the notice under sub-section (2). (4) For the purpose of this section, a notice shall be deemed to have been validly served if it is served by delivery to the accused or by affixing it to a conspicuous place of his last known residence or by publication in not less than two daily newspapers.",
"name": "Inquiry and punishment",
"related_acts": "",
"section_id": 5
},
{
"act_id": 586,
"details": "6. (1) A Government servant on whom a penalty has been imposed under this Ordinance may, within seven days of the receipt of the order imposing the penalty, appeal against the order to an authority immediately superior to the appointing authority; and the appellate authority to whom the appeal has been made may pass such order on the appeal as it may deem fit. 5(2) Where the appointing authority is the President, the Government servant on whom a penalty has been imposed under this Ordinance may, within thirty working days of the receipt of the order imposing the penalty, apply to the President for review of the order and the President may pass such order on the application as he may deem fit. (3) An order passed on appeal under sub-section (1) or on application under sub-section (2) shall be final.",
"name": "Appeal and review",
"related_acts": "",
"section_id": 6
},
{
"act_id": 586,
"details": "7. No proceeding or order under any of the provisions of this Ordinance shall be called in question in any Court.",
"name": "Court’s jurisdiction barred",
"related_acts": "",
"section_id": 7
}
],
"text": "An Ordinance to make special provisions for maintaining discipline among Government servants. WHEREAS it is expedient to make special provisions for maintaining discipline among Government servants; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 587,
"lower_text": [
"1 The word “three” was substituted for the word “two” by section 2 of the Bangladesh Telegraph and Telephone Board (Amendment) Ordinance, 1985 (Ordinance No. III of 1985)",
"2 Sections 5A and 5B were inserted by section 2 of The Bangladesh Telegraph and Telephone Board (Amendment) Act, 2009 (Act. No. XXV of 2009) (with effect from 1st June, 2008).",
"3 Clauses (a) and (aa) were substituted for clause (a) by section 2 of the Bangladesh Telegraph and Telephone Board (Amendment) Act, 1995 (Act No. XVI of 1995)",
"4 The words and figures “sections 4, 7, 8, 15 and 19B” were substituted for the words and figures “section 7 and 15 ” by section 2 of the Bangladesh Telegraph and Telephone Board (Amendment) Act, 1995 (Act No. XVI of 1995)"
],
"name": "The Bangladesh Telegraph and Telephone Board Ordinance, 1979",
"num_of_sections": 20,
"published_date": "27th February, 1979",
"related_act": [
587,
55
],
"repelled": false,
"sections": [
{
"act_id": 587,
"details": "1. (1) This Ordinance may be called the Bangladesh Telegraph and Telephone Board Ordinance, 1979. (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": "587",
"section_id": 1
},
{
"act_id": 587,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“Board” means the Bangladesh Telegraph and Telephone Board constituted under section 3; (b)\t“Chairman” means the Chairman of the Board; (c) \t“member” means a member of the Board; (d) \t“prescribed” means prescribed by regulations made under this Ordinance.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 587,
"details": "3. (1) As soon as may be after the commencement of this Ordinance, the Government shall, by notification in the official Gazette, constitute, for carrying out the purposes of this Ordinance, a Board to be called the Bangladesh Telegraph and Telephone Board. (2) The Board shall consist of - (a) \ta Chairman; (b) \tfour whole-time members, including a finance member who shall be an officer having experience in public finance administration; and (c) 1three part-time members. (3) The Chairman and other members shall be appointed by the Government from amongst persons who are in the service of the Republic and shall hold office for such period and on such terms and conditions as the Government may determine.",
"name": "Constitution of the Board",
"related_acts": "",
"section_id": 3
},
{
"act_id": 587,
"details": "4. (1) The Chairman shall be the chief executive of the Board and shall be responsible for the efficient management, operation and development of the telegraphs and telephones. (2) The Chairman and other members shall exercise such powers and perform such functions as may be prescribed or as may, from time to time, be assigned to them by the Government or the Board.",
"name": "Powers and functions of the Chairman and members",
"related_acts": "",
"section_id": 4
},
{
"act_id": 587,
"details": "5. (1) The general control and supervision of the affairs of the telegraphs and telephones in Bangladesh shall vest in the Board which may exercise all such powers and do all acts and things as may be necessary for the efficient management, operation and development of the telegraphs and telephones. (2) The Board shall, in the discharge of its functions, act on commercial considerations with due regard to the public interest and shall be guided on the questions of policy by such general and special instructions as may, from time to time, be given by the Government.",
"name": "Control, management and operation of the telegraphs and telephones",
"related_acts": "",
"section_id": 5
},
{
"act_id": 587,
"details": "5B. Notwithstanding anything contained to the contrary in this Ordinance, before the dissolution of the Board under section 5A, the government may, by agreement, transfer such undertaking of the Board as is related to the submarine cable, including landing station (SEA-ME-WE 4), to a public limited company registered under the Companies Act, 1994, on such terms and conditions as may be specified in the agreement.",
"name": "Transfer of undertaking of the Board related to the submarine cable.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 587,
"details": "25A.(1) Notwithstanding anything contained to the contrary in this Ordinance, the Government may, in public interest, by agreement, transfer the entire undertaking of the Board to a public limited company registered under the Companies Act, 1994, on such terms and conditions as may be specified in the agreement. (2) As soon as the entire undertaking of the Board has been transferred to the Company, the Government shall notify the fact in the official Gazette and shall, by the same notification, declare that the Board has been dissolved. Explanation: The word \"undertaking of the Board\" includes its officers and employees, business, projects, schemes, assets, rights, powers, license, authorities and privileges, its properties, movable and immovable, reserve funds investments, deposits, borrowings, liabilities and obligations of whatever nature, but does not include those related to the submarine cable as referred to in section 5B. (3) Upon dissolution of the Board, all officers and employees who were serving under the dissolved Board shall, notwithstanding anything contained in any contract or agreement or in the terms and conditions of service, be deemed to be officers or, as the case may be, employees of the Company on such terms and conditions as may be determined by the said Company or, until so determined, on the same terms and conditions as were applicable to them in the dissolved Board prior to its dissolution : Provided that any such officer or employee may, after 24 (twenty four) months of the dissolution, exercise his option not to continue in the service of the Company. (4) If any officer or employee of the dissolved Board opts not to continue his service in the Company and intends to continue his service in the government, he shall be retained in the service of the government and the conditions of the service as were applicable to him shall continue to be applicable to him in such manner as if he never ceased to be in the service of the Board. (5) The Government may, if deems necessary, by notification published in the official Gazette, make further provisions regarding absorption, posting on deputation, lien, retention in the service of the Government as well as other conditions of service, including the creation of supernumerary posts, in respect of officers and employees of the Board. (6) The Government may, for the purpose of removing any difficulty in relation to the transfer of the undertaking of the Board under sub-section (1) or the dissolution thereof under sub-section (2) make, by notification published in the official Gazette, 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 Ordinance.",
"name": "Transfer of undertaking of the Board to a public limited company",
"related_acts": "",
"section_id": 7
},
{
"act_id": 587,
"details": "6. The affairs of the Board shall generally be conducted in accordance with the decision of the majority of its members but the Chairman may, where he considers it necessary in the interest of efficient management of the affairs of the telegraphs and telephones so to do, with the prior approval of the Government, over-rule such decision and, where he so over-rules, his decision shall be deemed to be the decision of the Board.",
"name": "Special powers of the Chairman",
"related_acts": "",
"section_id": 8
},
{
"act_id": 587,
"details": "7. (1) The meetings of the Board shall be held at such times and places and shall be conducted in such manner as may be prescribed: Provided that until regulations are made in this behalf, such meeting shall be held at such times and places and shall be conducted in such manner as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Board, not less than four members, at least one of whom shall be a part-time member, shall be present. (3) Subject to the provisions of section 6, all questions at a meeting of the Board 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. (4) The meetings of the Board shall be presided over by the Chairman or, in his absence, by a member elected for the purpose by the members present from amongst themselves. (5) All decisions of the Board shall forthwith be transmitted to the Government. (6) No act or proceeding of the Board shall be invalid merely on the ground of the existence of any vacancy in, or defect in the constitution of, the Board.",
"name": "Meeting of the Board",
"related_acts": "",
"section_id": 9
},
{
"act_id": 587,
"details": "8. The functions of the Board shall be- 3(a)\tto establish, maintain and operate, telegraphs and telephones in any part of Bangladesh; (aa) \tto prepare and execute development plans; (b) \tto exercise all powers of the Government under the Telegraph Act, 1885 (XIII of 1885), other than those under 4sections 4, 7, 8, 15 and 19B of the said Act, and all powers of the telegraph authority under the said Act; (c) to associate with any international organisation engaged in any activity falling within the functions of the Board; (d) \tto establish and maintain institutes for the instruction and training of persons engaged or likely to be engaged in any activities connected with telegraphs and telephones; (e) \tto determine the structure and strength of its organisation, manage its affairs, plan its future investments and maintain its financial position in accordance with sound business and financial principles; (f) \tto operate and maintain, at all times, its facilities and properties and, from time to time, make all necessary renewal and repairs thereto in accordance with sound engineering, telegraph, telephone and business practices; (g) \tto carry out all technical and engineering projects and works; (h) \tto make all purchases of plant, machinery and stores either in the country or abroad in accordance with the procedure laid down by the Government and, subject to the provisions of this Ordinance, also to dispose of stores and equipments; (i) \tto discharge with the prior approval of the Government the functions specified in the First Schedule to this Ordinance; (j) \tto do all other matters and things connected with, or ancillary to, any of the aforesaid functions.",
"name": "Functions of the Board",
"related_acts": "55",
"section_id": 10
},
{
"act_id": 587,
"details": "9. The Board may, for the efficient performance of its functions, appoint such officers and other employees as it considers necessary.",
"name": "Appointment of officers and other employees",
"related_acts": "",
"section_id": 11
},
{
"act_id": 587,
"details": "10. (1) The telegraph and telephone finance shall be administered separately from the general revenues of the Government and, for this purpose, separate accounts shall be maintained for the Board by the Bangladesh Bank and drawals from the accounts shall be made by the officers authorised by the Board. (2) For the purpose of separate administration of telegraph and telephone finance under sub-section (1), the provisions of the Second Schedule shall apply and the Government may, by notification in the official Gazette, amend or repeal any of the provisions of that Schedule. (3) The Board shall provide for all administrative and operating expenses, depreciation of assets, interests on all loans and also build up a reserve fund by depositing a percentage of the surplus revenue after meeting the obligatory expenses.",
"name": "Telegraph and telephone finance",
"related_acts": "",
"section_id": 12
},
{
"act_id": 587,
"details": "11. The Board shall, as soon as possible, initiate a review and revaluation of the assets of the Government in respect of telegraphs and telephones in accordance with sound financial principles and reconstruct the capital structure and financial obligations of the assets in accordance with the same principles and shall carry out such revaluation not often than every five years.",
"name": "Board to review and revalue assets",
"related_acts": "",
"section_id": 13
},
{
"act_id": 587,
"details": "12. The Board may, with the approval of the Government, borrow funds from internal source or from an external agency.",
"name": "Borrowing power",
"related_acts": "",
"section_id": 14
},
{
"act_id": 587,
"details": "13. The Board shall, by such date in each year as may be directed by the Government, prepare the capital and revenue budgets of the Board and submit to the Government along with necessary statements and clarifications for further processing of the budget.",
"name": "Budget",
"related_acts": "",
"section_id": 15
},
{
"act_id": 587,
"details": "14. (1) The Board shall maintain its accounts in such manner and form as may be directed by the Government in consultation with the Comptroller and Auditor-General of Bangladesh, hereinafter referred to as the Auditor-General. (2) The accounts of the Board shall be audited by the Auditor-General in such manner as he deems fit. (3) For the purpose of an audit under sub-section (2), the Auditor-General or any person authorised by him in that behalf, shall have access to all records, books, documents, cash, securities, stores and other property of the Government held and controlled by the Board and may examine the Chairman or any member, officer or other employee of the Board. (4) The Auditor-General shall submit his annual audit report to the President and forward a copy thereof to the Board. (5) The Government may, at any time, require the Auditor-General to report to it upon the adequacy of measures taken by the Board for the efficient management of its financial matters.",
"name": "Accounts and audit",
"related_acts": "",
"section_id": 16
},
{
"act_id": 587,
"details": "15. (1) The Board shall, as soon as possible after the end of every financial year, submit to the Government a report on the conduct of its affairs for that year. (2) The Board shall submit to the Government at such times and intervals as the Government may specify- (a) \tsuch returns, accounts, statements, estimates and statistics as may be required by the Government; (b) \tinformation and comments asked for by the Government on any specific subject; (c) copies of documents required by the Government for examination or any other purpose.",
"name": "Submission of reports, etc.",
"related_acts": "",
"section_id": 17
},
{
"act_id": 587,
"details": "16. The Board may, by general or special order, delegate to the Chairman or any member or officer any of its functions subject to such conditions a may be specified in the order.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 18
},
{
"act_id": 587,
"details": "17. (1) The Board may, with the prior approval of the Government, make regulations to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance. (2) 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": 587,
"details": "18. (1) Upon the constitution of the Board under section 3, the Telegraph and Telephone Board Ordinance, 1975 (Ord. XLVII of 1975), hereinafter referred to as the said Ordinance, shall stand repealed. (2) Upon the repeal under sub-section (1),- (a) \tthe Telegraph and Telephone Board established under the said Ordinance, hereinafter referred to as the dissolved Board, shall stand dissolved; (b) \tall assets, rights, powers, authorities and privileges, and all properties, movable and immovable, including lands, buildings, works, workshops, machinery, leases, leaseholds, licences, cash and bank balances, funds and investments of the dissolved Board and all other rights and interests in, or arising out of, such property shall stand transferred to, and vested in, the Government for the purposes of the Board; (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 dissolved Board immediately before its dissolution shall be deemed to have been incurred, entered into or engaged to be done by, with or for Government for the purposes of the Board; (d) \tall rates, charges and fees levied by the dissolved Board shall, until they are varied by the Board, continue to be levied at the same rate at which they were levied immediately before the constitution of the Board; (e) \tall suits and other legal proceedings instituted by or against the dissolved Board immediately before its dissolution shall be deemed to be suits and proceedings by or against the Government and shall be proceeded or otherwise dealt with accordingly; (f) (i) \tevery person in the service of the Republic who were required to serve the dissolved Board under clause (e) of section 7 of the said Ordinance shall stand transferred to the Board on the same terms and conditions of service as were applicable to them immediately before their transfer to the dissolved Board; (ii) \tevery person other than those mentioned in sub-clause (i) who were serving under the dissolved Board shall, notwithstanding anything contained in any contract or agreement or in the terms and conditions of service, stand transferred to the Board and they shall be deemed to be officers or, as the case may be, employees of the Government appointed by it 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 in the dissolved Board: Provided that any such person may, within such time as may be specified by the Government, exercise his option not to continue in the service.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 20
}
],
"text": "An Ordinance to provide for the constitution of a Board for the purpose of efficient management, operation and development of telegraphs and telephones. WHEREAS it is expedient to provide for the constitution of a Board for the purpose of efficient management, operation and development of telegraphs and telephones; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 588,
"lower_text": [],
"name": "The Railway Property (Unlawful Possession) Ordinance, 1979",
"num_of_sections": 14,
"published_date": "28th March, 1979",
"related_act": [
65,
75,
588,
524,
86
],
"repelled": true,
"sections": [
{
"act_id": 588,
"details": "1. (1) This Ordinance may be called the Railway Property (Unlawful Possession) Ordinance, 1979. (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": "588",
"section_id": 1
},
{
"act_id": 588,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a) “Force” means the Railway Nirapatta Bahini constituted under section 3 of the Railway Nirapatta Bahini Ordinance, 1976 (XLVII of 1976); (b) “member of the Force” means a person appointed to the Force other than a superior officer; (c) “officer of the Force” means an officer of and above the rank of Assistant Sub-Inspector appointed to the Force and includes a superior officer; (d) “railway property” includes any goods, money or valuable security or animal, belonging to, or in the charge or possession of, the railway Administration; (e) “superior officer” means any of the officers of the Force appointed under section 4 of the Railway Nirapatta Bahini Ordinance, 1976 (XLVII of 1976); (f) \twords and expressions used but not defined in this Ordinance and defined in the Railways Act, 1890 (IX of 1890), shall have the meanings respectively assigned to them under that Act.",
"name": "Definitions",
"related_acts": "524,65",
"section_id": 2
},
{
"act_id": 588,
"details": "3. Whoever is found, or is proved to have been, in possession of any railway property reasonably suspected of having been stolen or unlawfully obtained shall, unless he proves that the railway property came into his possession lawfully, be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.",
"name": "Penalty for unlawful possession of railway property",
"related_acts": "",
"section_id": 3
},
{
"act_id": 588,
"details": "4. Any owner or occupier of land or building, or any agent of such owner or occupier in-charge of the management of that land or building, who wilfully connives at an offence against the provisions of this Ordinance, shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.",
"name": "Penalty for connivance at offences",
"related_acts": "",
"section_id": 4
},
{
"act_id": 588,
"details": "5. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), an offence under this Ordinance shall not be cognizable.",
"name": "5. \tOffences under the Ordinance not to be cognizable",
"related_acts": "75",
"section_id": 5
},
{
"act_id": 588,
"details": "6. Any superior officer or member of the Force may, without an order from a Magistrate and without a warrant, arrest any person who has been concerned in an offence punishable under this Ordinance or against whom a reasonable suspicion exists of his having been so concerned.",
"name": "Power to arrest without warrant",
"related_acts": "",
"section_id": 6
},
{
"act_id": 588,
"details": "7. Every person arrested for an offence punishable under this Ordinance shall, if the arrest was made by a person other than an officer of the Force, be forwarded without delay to the nearest officer of the Force.",
"name": "Disposal of persons arrested",
"related_acts": "",
"section_id": 7
},
{
"act_id": 588,
"details": "8. (1) When any person is arrested by an officer of the Force for an offence punishable under this Ordinance or is forwarded to him under section 7, he shall proceed to inquire into the charge against such person. (2) For this purpose the officer of the Force may exercise the same powers and shall be subject to the same provisions as the Officer-in-Charge of a Police-station may exercise and is subject to under the Code of Criminal Procedure, 1898 (V of 1898), when investigating a cognizable case: Provided that- (a) \tif the officer of the Force is of opinion that there is sufficient evidence or reasonable ground of suspicion against the accused person, he shall either admit him to bail to appear before a Magistrate having jurisdiction in the case, or forward him in custody to such Magistrate; (b) \tif it appears to the officer of the Force that there is not sufficient evidence or reasonable ground of suspicion against the accused person, he shall release the accused person on his executing a bond, with or without sureties as the officer of the Force may direct, to appear, if and when so required, before the Magistrate having jurisdiction in the case, and shall make a report of all the particulars of the case to his official superior.",
"name": "Inquiry how to be made against arrested persons",
"related_acts": "75",
"section_id": 8
},
{
"act_id": 588,
"details": "9. (1) An officer of the Force shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document, or any other thing in any inquiry which such officer is making for any of the purposes of this Ordinance. (2) A summons to produce documents or other things may be for the production of certain specified documents or things or for the production of all documents or things of a certain description in the possession or under the control of the person summoned. (3) All persons, so summoned, shall be bound to attend either in person or by an authorised agent as such officer may direct; and all persons so summoned shall be bound to state the truth upon any subject respecting which they are examined or make statements and to produce such documents and other things as may be required: Provided that the exemptions under sections 132 and 133 of the Code of Civil Procedure, 1908 (V of 1908), shall be applicable to requisitions for attendance under this section. (4) Every such inquiry, as aforesaid, shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Penal Code (XLV of 1860).",
"name": "Power to summon persons to give evidence and produce documents",
"related_acts": "86",
"section_id": 9
},
{
"act_id": 588,
"details": "10. (1) If an officer of the Force has reason to believe that any place is used for the deposit or sale of railway property which had been stolen or unlawfully obtained, he shall make an application to the Magistrate, having jurisdiction over the area in which that place is situated, for issue of a search warrant. (2) The Magistrate to whom an application is made under sub-section (1) may, after such inquiry as he thinks necessary, by his warrant authorise any officer of the Force- (a) \tto enter, with such assistance as may be required, such place; (b) \tto search the same in the manner specified in the warrant; (c) \tto take possession of any railway property therein found which he reasonably suspects to be stolen or unlawfully obtained; and (d) \tto convey such railway property before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose thereof in some place of safety.",
"name": "Issue of search warrant",
"related_acts": "",
"section_id": 10
},
{
"act_id": 588,
"details": "11. All searches and arrests made under this Ordinance shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898), relating respectively to searches and arrests made under that Code.",
"name": "Searches and arrests how to be made",
"related_acts": "75",
"section_id": 11
},
{
"act_id": 588,
"details": "12. Any Court trying an offence punishable under this Ordinance may order the forfeiture to Government of any property in respect of which the Court is satisfied that an offence under this Ordinance has been committed and may also order the forfeiture of any receptacles, packages or coverings in which such property is contained, and the animals, vehicles, or other conveyances used in carrying the property.",
"name": "Power of Courts to order forfeiture of vehicles, etc.",
"related_acts": "",
"section_id": 12
},
{
"act_id": 588,
"details": "13. 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 override other laws",
"related_acts": "",
"section_id": 13
},
{
"act_id": 588,
"details": "14. The Railway Stores (Unlawful Possession) Ordinance, 1944 (XIX of 1944), is hereby repealed.",
"name": "Repeal",
"related_acts": "",
"section_id": 14
}
],
"text": "An Ordinance to consolidate and amend the law relating to unlawful possession of railway property. WHEREAS it is expedient to consolidate and amend the law relating to unlawful possession of railway property; NOW, THEREFORE, in pursuance of the Proclamation of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 589,
"lower_text": [
"1 The words and commas “a monthly pension, for the remainder of his life, of a sum equal to half of the salary payable to him per mensem before he ceased to hold such office” were substituted for the words “a pension of two thousand taka per month for the remainder of his life” by section 2 of the President’s Pension (Amendment) Act, 1988 (Act No. VII of 1988)",
"2 The words “seventy five per cent” were substituted for the word “half ” by section 2 of the President’s Pension (Amendment) Act, 1995 (Act No. XXIII of 1995)",
"3 The words and comma “subject to a minimum of seven thousand five hundred taka,” were inserted by section 2 of the President’s Pension (Amendment) Act, 1995 (Act No. XXIII of 1995)",
"4 The colon (:) was substituted for the full-stop (.) and the proviso was added thereafter by section 2 of the President’s Pension (Amendment) Act, 1988 (Act No. VII of 1988)",
"5 The words “a sum equal to the amount of pension payable to him for each completed year of the period for which he has held office as President subject to a maximum of eight times of the amount of such pension for one year” were substituted for the words “a sum calculated at the rate of taka twenty-five thousand for each completed year of the period for which he has held office as President subject to a maximum of Taka two lakh” by section 2 of the President’s Pension (Amendment) Act, 1988 (Act No. VII of 1988)",
"6 The words “six months” were substituted for the words “one year” by section 2 of the President’s Pension (Amendment) Act, 1988 (Act No. VII of 1988)",
"7 Sub-section (5) was added by section 2 of the President’s Pension (Amendment) Act, 1988 (Act No. VII of 1988)",
"8 Section 3 was substituted by section 3 of the President’s Pension (Amendment) Act, 1988 (Act No. VII of 1988)",
"9 Clause (a) was substituted by section 4 of the President’s Pension (Amendment) Act, 1988 (Act No. VII of 1988)"
],
"name": "The President's Pension Ordinance, 1979",
"num_of_sections": 6,
"published_date": "20th March, 1979",
"related_act": [
589
],
"repelled": true,
"sections": [
{
"act_id": 589,
"details": "1. This Ordinance may be called the President's Pension Ordinance, 1979.",
"name": "Short title",
"related_acts": "589",
"section_id": 1
},
{
"act_id": 589,
"details": "2. (1) There shall be payable to a person who, having held the office of President of Bangladesh for a period of not less than six months, has ceased to hold office by reason of resignation or expiration of the term of office 1a monthly pension, for the remainder of his life, of a sum equal to 2seventy five per cent of the salary payable to him per mensem before he ceased to hold such office 3subject to a minimum of seven thousand five hundred taka, unless he elects under sub-section (2) to receive gratuity in lieu thereof: Provided that where any such person receives a monthly pension from the Consolidated Fund for having retired from any service, post or office, he shall be entitled to receive either such pension or the pension payable under this section and shall not be entitled to both 4: Provided further that when any such person elects to receive pension payable under this section, the sum received by him on commutation of his earlier pension shall not be recoverable either by adjustment or otherwise. (2) A person entitled to receive pension under sub-section (1) may, within one month from the date on which he becomes so entitled, elect to receive in lieu of such pension a gratuity, and if he so elects, shall be paid as gratuity 5a sum equal to the amount of pension payable to him for each completed year of the period for which he has held office as President subject to a maximum of eight times of the amount of such pension for one year. (3) If a person entitled to receive pension under sub-section (1) dies without receiving such pension or without electing for gratuity under sub-section (2), he shall be deemed to have elected for gratuity and the sum due to him as gratuity shall be paid to the person nominated by him in this behalf or, in the absence of such nomination, to his heirs. (4) If a person while holding office as President dies after having held office for more than 6six months, there shall be paid to the person nominated by him in this behalf or, in the absence of such nomination, to his heirs, the sum which would have been due to him as gratuity under sub-section (2) had he died after ceasing to hold office. 7(5) If a person entitled to receive pension under sub-section (1) dies after receiving such pension, his widow shall be entitled to a monthly pension, for the remainder of her life, equal to two-thirds of the monthly pension he was entitled to receive at the time of his death. Explanation.- In this sub-section “widow” includes a “widower”.",
"name": "Pension to ex-President",
"related_acts": "",
"section_id": 2
},
{
"act_id": 589,
"details": "83. (1) Subject to any rules made in this behalf, a person entitled to receive pension under this Ordinance shall also be entitled to- (a)\tone personal assistant and one attendant and office expenses, the total annual expenditure of which shall be determined by the Government from time to time; (b) \tmedical facilities which are admissible to a Minister; (c) \tthe use of Government transport free of charge for attending official functions; (d) \thave one telephone installed at his residence and exemption from payment of charges in respect thereof to the extent to be determined by the Government from time to time; (e) \ta diplomatic passport; and (f)\tstay in any circuit house or rest house owned by the Government without payment of rent during travel within the country. (2) The facilities in sub-section (1) (b), (e) and (f) shall also be admissible to the spouse of a person who is entitled to them.",
"name": "Other benefits",
"related_acts": "",
"section_id": 3
},
{
"act_id": 589,
"details": "4. Pension and other benefits under this Ordinance shall not be admissible to a person entitled thereto if he- 9(a) holds or has held, after he ceased to hold office as President, any office, seat, position or post in respect of which he receives or has received any salary from the Consolidated Fund; or (b)\tis, after he has become so entitled, convicted of an offence involving moral turpitude.",
"name": "Rights not admissible in certain cases",
"related_acts": "",
"section_id": 4
},
{
"act_id": 589,
"details": "5. Pension, etc., to be a charge on Consolidated Fund.- Omitted by section 3 of the President's Pension (Amendment) Act, 1995 (Act No. XXIII of 1995).",
"name": "Omitted",
"related_acts": "",
"section_id": 5
},
{
"act_id": 589,
"details": "6. The Government may make rules for carrying out the purposes of this Ordinance.",
"name": "Power to make Rules",
"related_acts": "",
"section_id": 6
}
],
"text": "An Ordinance to provide for payment of pension to persons who have held office as President. WHEREAS it is expedient to provide for payment of pension and other benefits to persons who have held office as President of Bangladesh; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975 and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 590,
"lower_text": [],
"name": "The Bangladesh Sangbad Sangstha Ordinance, 1979",
"num_of_sections": 23,
"published_date": "31st March, 1979",
"related_act": [
590
],
"repelled": true,
"sections": [
{
"act_id": 590,
"details": "1. This Ordinance may be called the Bangladesh Sangbad Sangstha Ordinance, 1979.",
"name": "Short title",
"related_acts": "590",
"section_id": 1
},
{
"act_id": 590,
"details": "2. In this Ordinance, unless context otherwise requires,- (a) \t“Board” means the Board of Directors of the Sangstha constituted under section 7; (b)\t “Chairman” means the Chairman of the Board; (c)\t “Director” means a Director of the Board; (d)\t “Managing Director” means the Managing Director of the Board; (e) \t“prescribed” means prescribed by rules or regulations made under this Ordinance; (f) \t“Sangstha” means the Bangladesh Sangbad Sangstha established under section 3.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 590,
"details": "3. (1) There shall be a Sangstha to be called the Bangladesh Sangbad Sangstha for carrying out the purposes of this Ordinance. (2) The Sangstha shall be a body corporate having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.",
"name": "Establishment and Incorporation of the Sangstha",
"related_acts": "",
"section_id": 3
},
{
"act_id": 590,
"details": "4. (1) The Head Office of the Sangstha shall be at Dacca. (2) The Sangstha may establish its branches at such other places as the Board may decide.",
"name": "Head Office of the Sangstha",
"related_acts": "",
"section_id": 4
},
{
"act_id": 590,
"details": "5. The functions of the Sangstha shall be- (a) to carry out the responsibility of national news agency of Bangladesh by securing news from home and abroad, disseminating the same to the people of Bangladesh in general through mass media and organising transmission of national news abroad; (b) to secure world-wide news ― political, diplomatic, financial, economic and commercial, cultural and sports from international news agencies and exchange news with national news agencies of other countries; (c) to sell all kinds of news, general, economic and commercial features and photo to all mass media and news agencies within and outside Bangladesh; (d) to sign agreements with international news agencies, national news agencies of other countries for securing and disseminating news and facilities for the same; (e) to organise systematic programme for news agency business; and (f) to do such other acts and things as may be connected with or incidental to the carrying out of the functions of the Sangstha.",
"name": "Functions of the Sangstha",
"related_acts": "",
"section_id": 5
},
{
"act_id": 590,
"details": "6. (1) Subject to the rules and regulations made under this Ordinance, the general direction, management and administration of the affairs of the Sangstha shall vest in a Board which may exercise all powers and do all acts and things which may be exercised or done by the Sangstha. (2) The Board in discharging its functions shall, as far as practicable, act having due regard to public interest generally and be guided by such general or special instruction as may be given to it from time to time by the Government.",
"name": "Management of the Sangstha",
"related_acts": "",
"section_id": 6
},
{
"act_id": 590,
"details": "7. The Board shall consist of - (a) \ta Chairman who shall be appointed by the Government; (b) \tthe Managing Director, ex-officio; (c) \tthree Directors to be appointed by the Government, from amongst the officers not below the status of Joint Secretary, one each from the Ministry of Information and Broadcasting, Ministry of Finance and the Posts, Telegraph and Telephone Division; (d) \tfive Directors to be appointed by the Government from the editors of newspapers who subscribe news from the Sangstha, of whom at least three must be from Dacca; and (e) \tone person to be appointed by the Government from amongst the employees of the Sangstha.",
"name": "Constitution of the Board",
"related_acts": "",
"section_id": 7
},
{
"act_id": 590,
"details": "8. (1) Save as otherwise provided, the Chairman and other Directors shall hold office during pleasure of the Government for a period not exceeding three years from the date of appointment but are removable by the Government for permanent incapacity or other cause; and a retiring Chairman or Director shall be eligible for reappointment for another term only. (2) When a person appointed as Director, ceases to represent the particular interest which he was appointed to represent shall also cease to be the Director, and his seat shall be deemed to have been vacated and a person shall thereupon be appointed to fill the vacancy. (3) Any vacancy in the office of a Director shall be filled in by fresh appointment and a Director so appointed shall hold office for the remaining period for which the Director in whose place he is appointed would have held office. (4) The Chairman and other Directors shall serve without remuneration but may be paid such travelling and other expenses when engaged on business of the Board as may be prescribed.",
"name": "Terms of office of the Chairman and other Directors",
"related_acts": "",
"section_id": 8
},
{
"act_id": 590,
"details": "9. (1) No person shall be or shall continue to be the Chairman or a Director who- (a) \tis a salaried official of the Sangstha other than the Managing Director and an employee appointed as Director; (b)\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 (c)\tstands declared by a competent Court to be of unsound mind; or (d) \tis a person who is subject to a disqualification imposed by or under any law for the time being in force to hold any public office; or (e) \tis, or, any time has been adjudicated an insolvent; or (f)\t absents himself from three consecutive meetings of the Board without leave of absence granted by the Chairman or, in case of the Chairman, by the Government. (2) If the Chairman or any other Director, by reason of illness or other incapacity or absence from Dacca, is unable, at any time, to perform the duties of his position, or if the position of the Chairman or any other Director is, at any time, vacant, the Government may make a temporary appointment of any person to act in his place or in such position upon such terms and conditions and for such time as the Government may determine.",
"name": "Vacating the office, disqualifications, etc.",
"related_acts": "",
"section_id": 9
},
{
"act_id": 590,
"details": "10. (1) Meetings of the Board shall be held at such times and places as may be prescribed: Provided that the meeting of the Board may otherwise be convened by the Managing Director in consultation with the Chairman. (2) Seven Directors including the Chairman shall form the quorum at a meeting of the Board. (3) Meeting of the Board shall be presided over by the Chairman, and, in his absence, by a person elected for the purpose by the Directors present from amongst themselves. (4) All matters of a meeting of the Board shall be decided by the votes of the majority of the Directors present and voting. (5) At a meeting of the Board each Director shall have one vote, but in the event of equality of votes, the person presiding shall have a second or casting vote.",
"name": "Meetings of the Board",
"related_acts": "",
"section_id": 10
},
{
"act_id": 590,
"details": "11. (1) 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; and a vacancy in the Board or a temporary absence of a Director for any reason shall not impair the right of the remaining Directors to act. (2) All acts done by the person acting in good faith as the Chairman or a Director shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect or disqualification or had been 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 Chairman or a Director after his appointment has been shown to be invalid or to have been terminated.",
"name": "Validity of the proceeding",
"related_acts": "",
"section_id": 11
},
{
"act_id": 590,
"details": "12. (1) The Managing Director shall be appointed by the Government from amongst the journalists having not less than fifteen years experience in journalism on such terms and conditions as may be determined by the Government and he shall also be the Chief Editor of the Sangstha. (2) The Managing Director shall be a whole time officer and the Chief Administrative Officer of the Sangstha and, subject to the provisions of this Ordinance, he shall administer and manage the affairs and fund of the Sangstha, and shall have supervision over and direction of the work of the Sangstha and of the officers and employees, technical or otherwise, employed for the purpose of carrying out the work of the Sangstha, and shall also discharge such duties as may be assigned to him by the Board or as may be prescribed.",
"name": "Managing Director",
"related_acts": "",
"section_id": 12
},
{
"act_id": 590,
"details": "13. (1) The Sangstha may, subject to such general or special orders as the Government may give from time to time and subject to such terms and conditions as the Government may determine, appoint such officers and other employees as it considers necessary for the efficient performance of its affairs. (2) The Board, subject to approval of the Government and in accordance with the general and specific standing orders of the Government, shall prescribe the procedure for appointment of its officers and employees and for taking disciplinary action against them.",
"name": "Appointment of officers, etc.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 590,
"details": "14. The Board may, by general or special order in writing, direct that such of its powers shall, in such circumstances and under such conditions, if any, as may be specified in the order be exercisable also by the Chairman, or by such director or officer of the Sangstha as may be so specified.",
"name": "Delegation of Powers",
"related_acts": "",
"section_id": 14
},
{
"act_id": 590,
"details": "15. The Chairman, Director and every officer and employee of the Sangstha shall be indemnified by the Sangstha 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": 15
},
{
"act_id": 590,
"details": "16. (1) The Sangstha shall have its own fund which shall be utilised by it to meet charges in connection with the affairs of the Sangstha. (2) The fund of the Sangstha shall consist of - (a)\tgrants made by the Government; (b)\tloans obtained from the Government; (c)\tfees from the subscribers of the news; (d)\tgifts and endowments; (e)\tsale proceeds and royalties of news items, features, photos and such other allied matters; (f)\tgrants and contributions from agencies, foundations and organisations; and (g)\tother sources. (3) All money of the fund of the Sangstha shall be kept in any bank or banks approved by the Board.",
"name": "Funds of the Sangstha",
"related_acts": "",
"section_id": 16
},
{
"act_id": 590,
"details": "17. The Sangstha shall, by such date before the commencement of every financial year as the Government may direct, 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 and the sums which are likely to be required from the Government during that financial year.",
"name": "Budget",
"related_acts": "",
"section_id": 17
},
{
"act_id": 590,
"details": "18. The Sangstha shall maintain its accounts in such manner and form as the Government may direct.",
"name": "Accounts",
"related_acts": "",
"section_id": 18
},
{
"act_id": 590,
"details": "19. (1) The accounts of the Sangstha shall be audited every year by the Comptroller and Auditor-General of Bangladesh, hereinafter referred to as the Auditor-General, in such manner as may be prescribed: Provided that the Auditor-General may in addition to the yearly audit either of his own motion or upon a request received in this behalf from the Government undertake such audit of the accounts of the Sangstha at such time as may be considered necessary. (2) For the purpose of audit, the Auditor-General or any person authorised by him shall have access to all records, books, documents, accounts, cash and other properties of the Sangstha and may examine, the Chairman, any Director or any officer or other employee of the Sangstha and the Sangstha shall at the time of such audit, produce the account books and connected documents and furnish such explanations and information as the Auditor-General or an officer authorised by him in this behalf may ask for. (3) The Auditor-General shall submit an audit report to the Government, with a copy to the Sangstha, in which he shall state whether, in his opinion, accounts of the Sangstha are properly drawn up and, if he has called for any explanation or information from the Sangstha, whether it has been given and whether it is satisfactory. (4) The Sangstha shall comply with any directive issued by the Government for the modification of the matters objected to in audit.",
"name": "Audit",
"related_acts": "",
"section_id": 19
},
{
"act_id": 590,
"details": "20. (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 Auditor-General together with an annual report giving therein a true and faithful account of its activity during that year and its proposal for the next 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, etc.",
"related_acts": "",
"section_id": 20
},
{
"act_id": 590,
"details": "21. No provision of law relating to the winding up of companies or corporations shall apply to the Sangstha and the Sangstha shall not be wound up save by an order of the Government and in such manner as the Government may direct.",
"name": "Winding up of the Sangstha",
"related_acts": "",
"section_id": 21
},
{
"act_id": 590,
"details": "22. (1) The Government may make rules for the purpose of giving effect of the provisions of this Ordinance. (2) The Sangstha may, with the previous approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance and the rules made by Government, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Ordinance. (3) All rules and regulations made under this section shall be published in the official Gazette and shall come into force on such publications.",
"name": "Power to make rules and regulations",
"related_acts": "",
"section_id": 22
},
{
"act_id": 590,
"details": "23. Notwithstanding anything contained in any other law for the time being in force or in any contract or agreement or in any other instrument or notification or order, on the commencement of this Ordinance,- (a) \tall assets, rights, powers, authorities and privileges and all properties, movable and immovable, cash and bank balances, grants and funds of the erstwhile Associated Press in Bangladesh and vested in the Government under the Bangladesh (Vesting of Property and Assets) Order, 1972 (P.O. No. 29 of 1972), and all other rights and interests in, or arising out of, such properties and all books of accounts, register, records and all other documents of whatever nature relating thereto shall stand transferred to, and vested in, the Sangstha; (b) \tall debts, liabilities and obligation of whatever kind of the erstwhile Associated Press in, and in relation to, Bangladesh shall, unless the Government otherwise directs, be the debts, liabilities and obligations of the Sangstha; (c) \tevery officer or other employee of the erstwhile Associated Press serving in Bangladesh immediately before the commencement of this Ordinance shall stand transferred to the Sangstha and continue to be in the service of the Sangstha on the same terms and conditions as were applicable to them immediately before the commencement of this Ordinance: Provided that if an officer or other employee is considered by the Sangstha as surplus of requirement, his employment shall be terminated by the Sangstha with due notice and with such compensation as may be prescribed: Provided further that, notwithstanding anything contained in any terms and conditions of service or in any award, settlement or agreement for the time being in force, the Government or the Sangstha, with the prior approval of the Government, may alter the remuneration, whether by way of reduction or otherwise, and other terms and conditions of service of any officer or other employee.",
"name": "Transfer of assets, etc.",
"related_acts": "",
"section_id": 23
}
],
"text": "An Ordinance to provide for the establishment of the Bangladesh Sangbad Sangstha. WHEREAS it is expedient to provide for the establishment of the Bangladesh Sangbad Sangstha as a national news agency for undertaking and promoting news agency service in Bangladesh, obtaining international news agency service, mobilisation of national news, and for matters connected therewith or incidental thereto; NOW, THEREFORE, in pursuance of the proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 591,
"lower_text": [
"1 The brackets, words and comma “(except sumptuary allowance),” were omitted by section 2 of the Leader and Deputy Leader of the Opposition (Remuneration and Privileges) (Amendment) Act, 1987 (Act No. V of 1987)",
"2 The brackets, words and comma “(except sumptuary allowance),” were omitted by section 3 of the Leader and Deputy Leader of the Opposition (Remuneration and Privileges) (Amendment) Act, 1987 (Act No. V of 1987)"
],
"name": "The Leader and Deputy Leader of the Opposition (Remuneration and Privileges) Ordinance, 1979",
"num_of_sections": 4,
"published_date": "31st March, 1979",
"related_act": [
591
],
"repelled": true,
"sections": [
{
"act_id": 591,
"details": "1. This Ordinance may be called the Leader and Deputy Leader of the Opposition (Remuneration and Privileges) Ordinance, 1979.",
"name": "Short title",
"related_acts": "591",
"section_id": 1
},
{
"act_id": 591,
"details": "2. In this Ordinance, unless there is anything repugnant in the subject or context,- (a)\t“Deputy Leader of the Opposition” means that member of Parliament who, in the opinion of the Speaker, is for the time being the Deputy Leader in Parliament of the Party, or Group, as the case may be, in Opposition to the Government having the greatest numerical strength in Parliament; (b)\t“Leader of the Opposition” means that member of Parliament who, in the opinion of the Speaker, is for the time being the Leader in Parliament of the Party or Group, as the case may be, in Opposition to the Government having the greatest numerical strength in Parliament; (c)\t“Minister” and “Minister of State” shall mean respectively Minister and Minister of State appointed under Article 58 of the Constitution.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 591,
"details": "3. The Leader of the Opposition shall be entitled to the same salary, allowances 1* * * and other privileges as are admissible to a Minister.",
"name": "Salary, etc., of the Leader of the Opposition",
"related_acts": "",
"section_id": 3
},
{
"act_id": 591,
"details": "4. A Deputy Leader of the Opposition shall be entitled to the same salary, allowances 2* * * and other privileges as are admissible to a Minister of State.",
"name": "Salary, etc., of the Deputy Leader of the Opposition",
"related_acts": "",
"section_id": 4
}
],
"text": "An Ordinance to provide for the remuneration and privileges of the Leader and Deputy Leader of the Opposition in Parliament. WHEREAS it is expedient to provide for the remuneration and privileges of the Leader and Deputy Leader of the Opposition in Parliament; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 592,
"lower_text": [],
"name": "The Defence Services (Supreme Command) Ordinance, 1979",
"num_of_sections": 2,
"published_date": "31st March, 1979",
"related_act": [
592
],
"repelled": true,
"sections": [
{
"act_id": 592,
"details": "1. This Ordinance may be called the Defence Services (Supreme Command) Ordinance, 1979.",
"name": "Short title",
"related_acts": "592",
"section_id": 1
},
{
"act_id": 592,
"details": "2. (1) The President shall be the Supreme Commander of the Defence Services and shall exercise the supreme command of the defence services vested in him under Article 61 of the Constitution through the Chiefs of Staff of the defence services. (2) The Chiefs of Staff of the defence services shall exercise their command over the forces under them subject to the general direction and control of the President.",
"name": "Exercise of supreme command by the President",
"related_acts": "",
"section_id": 2
}
],
"text": "An Ordinance to provide for regulation of the exercise of the Supreme command of the defence services vested in the President. WHEREAS it is expedient to provide for regulation of the exercise of the supreme command of the defence services vested in the President; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 593,
"lower_text": [
"1 The words “and commencement” were omitted by section 2 of the Armed Police Battalions (Amendment) Act, 2003 (Act No. XXVIII of 2003)",
"2 The dash, brackets and figure “-(1)” were omitted by section 2 of the Armed Police Battalions (Amendment) Act, 2003 (Act No. XXVIII of 2003)",
"3 Clause (aa) was inserted by section 3 of the Armed Police Battalions (Amendment) Act, 2003 (Act No. XXVIII of 2003)",
"4 Clause (dd) was inserted by section 3 of the Armed Police Battalions (Amendment) Act, 2003 (Act No. XXVIII of 2003)",
"5 Clause (hh) was inserted by section 3 of the Armed Police Battalions (Amendment) Act, 2003 (Act No. XXVIII of 2003)",
"6 Sub-sections (3), (4), (5) and (6) were added by section 4 of the Armed Police Battalions (Amendment) Act, 2003 (Act No. XXVIII of 2003)",
"7 Clause (aa) was inserted by section 5 of the Armed Police Battalions (Amendment) Act, 2003 (Act No. XXVIII of 2003)",
"8 Clause (bb) was inserted by section 5 of the Armed Police Battalions (Amendment) Act, 2003 (Act No. XXVIII of 2003)",
"9 Sections 6A, 6B, 6C and 6D were inserted by section 6 of the Armed Police Battalions (Amendment) Act, 2003 (Act No. XXVIII of 2003)"
],
"name": "The Armed Police Battalions Ordinance, 1979",
"num_of_sections": 19,
"published_date": "31st March, 1979",
"related_act": [
593,
75
],
"repelled": false,
"sections": [
{
"act_id": 593,
"details": "1. 2* * * This Ordinance may be called the Armed Police Battalions Ordinance, 1979. (2) Omitted by section 2 of the Armed Police Battalions (Amendment) Act, 2003 (Act No. XXVIII of 2003).",
"name": "Short title * * *",
"related_acts": "593",
"section_id": 1
},
{
"act_id": 593,
"details": "2. (1) In this Ordinance, unless there is anything repugnant in the subject or context,- (a) \t“Armed Policeman” means a member of the Force other than an officer; 3(aa) \tArmed Personnel” means an Armed Policeman; (b) \t“battalion” means a full unit composed of several companies of the Force commanded by a Commanding Officer; (c) \t“Commanding Officer” means an officer commanding a battalion or a body of Armed Policemen; (d) \t“company” means a sub-unit composed of several platoons forming part of a battalion; 4(dd) “discipline force” means- (i) \tthe army, navy or air force; (ii)\tthe police force; (iii) any other force declared by law to be disciplined force or declared by the Government, by notification in the official Gazette, to be disciplined force within the meaning of this definition. (e) \t“Force” means the Armed Police Battalions constituted under section 3; (f) \t“officer” means a superior officer or a subordinate officer; (g) \t“platoon” means a body of Armed Policemen composed of a number of sections commanded by a subordinate officer; (h) \t“prescribed” means prescribed by rules made under this Ordinance; 5(hh) “Rapid Action Battalion” means a Rapid Action Battalion raised under this Ordinance; (i) \t“Second-in-Command” means an officer posted to assist the Commanding Officer or an officer in command of an Armed Police Battalion during the absence of the Commanding Officer; (j) \t“Section” means a group of Armed Policemen commanded by a subordinate officer; (k)\t“Special Court” means,- (i) \tin the case of an offence committed by a superior officer, a Court consisting of the Additional Inspector General of Police and another officer not below the rank of Superintendent of Police, constituted by the Government upon the recommendation of the Inspector General of Police, presided over by the Additional Inspector General of Police and assisted by the Public Prosecutor or a Deputy Superintendent of Police authorised in this behalf by Inspector General of Police or any Court Inspector: Provided that if the accused person is an officer of the rank of Superintendent of Police, the other officer of the Court shall be of the rank of Deputy Inspector General of Police, and (ii) in the case of an offence committed by a subordinate officer or an Armed Policeman, a Court consisting of an officer of the rank of Deputy Inspector General of Police to be nominated by the Inspector General of Police and another officer not below the rank of an Inspector of Police, constituted by the Inspector General of Police, presided over by an officer of the rank of Deputy Inspector General of Police and assisted by a Public Prosecutor or a Deputy Superintendent of Police authorised in this behalf by the Inspector General of Police or any Court Inspector: Provided that if the accused person is an officer of the rank of Inspector of Police, the other officer of the Court shall be of the rank of a Deputy Superintendent of Police; (l) \t“subordinate officer” means an Inspector or Sub-Inspector of Police; (m) \t“Summary Court” means,- (i) \tin the case of an offence committed by a superior officer, a Court consisting of a Deputy Inspector General of Police and another officer not below the rank of Superintendent of Police, constituted by the Additional Inspector General of Police and presided over by the Deputy Inspector General of Police: Provided that if the accused person is an officer of the rank of Superintendent of Police, the other officer of the Court shall also be of the rank of Deputy Inspector General of Police; and (ii) in the case of an offence committed by a subordinate officer or an Armed Policeman, a Court consisting of the Commanding Officer of the battalion concerned and another officer not below the rank of an Inspector of Police, constituted by the Additional Inspector General of Police and presided over by the said Commanding Officer: Provided that if the accused person is an officer of the rank of Inspector of Police, the other officer of the Court shall be of the rank of Deputy Superintendent of Police; (n) \t“superior officer” means an officer of and above the rank of Deputy Superintendent of Police. (2) The expressions “reason to believe”, “criminal force”, “assault”, “fraudulently” and “voluntarily causing hurt” shall have the meanings assigned to them respectively in the Penal Code (Act No. XLV of 1860).",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 593,
"details": "3. (1) There shall be raised and maintained in accordance with the provisions of this Ordinance a Force to be called the Armed Police Battalions. (2) The Force shall consist of such number and classes of officers and Armed Policemen and shall be constituted in such manner as may be prescribed. 6(3) The Force shall include one or more Rapid Action Battalion. (4) A Rapid Action Battalion shall have such number and classes of officers and Armed Personnel and shall be constituted in such manner and under such conditions as may be prescribed. (5) Notwithstanding anything contained in this Ordinance or in any other law for the time being in force, Armed Personnel and officers in Rapid Action Battalion may, as and when necessary, be appointed on secondment or deputation, as the case may be, from among the persons who are in the service of the Republic, including any disciplined force. (6) All Rapid Action Battalions shall be under the direct control and superintendence of an officer not below the rank of Deputy Inspector General of Police or equivalent in any disciplined force as may be determined by the Government and such officer shall be appointed on secondment or deputation from among the persons who are in the service of the Republic, including any disciplined force.",
"name": "Raising and maintaining of the Force",
"related_acts": "",
"section_id": 3
},
{
"act_id": 593,
"details": "4. Every person appointed or enrolled to the Force shall, wherever he may be, remain subject to this Ordinance until he is discharged in accordance with the provisions of this Ordinance or is transferred out of the Force.",
"name": "Members of the Force to be subject to the Ordinance",
"related_acts": "",
"section_id": 4
},
{
"act_id": 593,
"details": "5. The Superintendence of the Force shall vest in the Government and the Force shall be administered, commanded and controlled by the Inspector General of Police in accordance with the provisions of this Ordinance and any rules made thereunder and such orders and instructions as may be made or issued by the Government from time to time.",
"name": "Superintendence, etc. of the Force",
"related_acts": "",
"section_id": 5
},
{
"act_id": 593,
"details": "6. The Force shall be employed for the purpose of the following duties, namely:- (a) \tinternal security duties; 7(aa) \tintelligence in respect of crime and criminal activities; (b) \trecovery of unauthorised arms, ammunitions, explosives and such other articles as the Government may, from time to time, direct; 8(bb) investigation of any offence on the direction of the Government; (c) \tapprehension of armed gangs of criminals; (d) \tassisting other law enforcing agencies including the Police for maintaining law and order; and (e) \tsuch other duties as the Government may, from time to time, assign.",
"name": "Duties of the Force",
"related_acts": "",
"section_id": 6
},
{
"act_id": 593,
"details": "96A. A Rapid Action Battalion along with other Battalions of the Force, shall perform all duties mentioned in section 6, but no Battalion, except Rapid Action Battalion, shall perform any duty mentioned in clauses (aa) and (bb) of section 6.",
"name": "Duties of the Rapid Action Battalion",
"related_acts": "",
"section_id": 7
},
{
"act_id": 593,
"details": "6B. (1) The Government may, at any time, direct the Rapid Action Battalion to investigate any offence. (2) When any direction is issued under sub-section (1), the Commanding Officer of the concerned Rapid Action Battalion shall assume the control of investigation of such offence. (3) The Commanding Officer of a Rapid Action Battalion may himself investigate any such offence or direct an officer subordinate to him to investigate the offence.",
"name": "Power to direct Rapid Action Battalion to investigate offences",
"related_acts": "",
"section_id": 8
},
{
"act_id": 593,
"details": "6D. An officer of any Rapid Action Battalion may, while investigating an offence or performing any duties under this Ordinance with respect to the cases originated from that offence, exercise all such powers and perform all such functions and duties as may be exercised or performed by a police officer under the Code of Criminal Procedure, 1898 (Act No. V of 1898).",
"name": "Powers of officer in respect of investigation of an offence",
"related_acts": "75",
"section_id": 9
},
{
"act_id": 593,
"details": "6C. (1) An officer of a Rapid Action Battalion shall, while investigating an offence, follow the procedure prescribed in the Code of Criminal Procedure, 1898 (Act No. V of 1898) or in any other law, as the case may be, for the investigation of such offence. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act No. V of 1898) or in any other law for the time being in force, the concerned officer shall, on completion of the investigation of any offence under this Ordinance, file his report to the Officer-in-Charge of the concerned police-station, and the Officer-in-Charge shall, within forty eight hours of the receipt of such report, forward the same as it is to the competent Court or tribunal, as the case may be.",
"name": "Procedure to be followed in respect of investigation of an offence",
"related_acts": "75,75",
"section_id": 10
},
{
"act_id": 593,
"details": "7. Every Armed Policeman shall, subject to this Ordinance, 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 Inspector General of Police or such other Officer, and subject to such conditions, as may be prescribed.",
"name": "Discharge from the Force",
"related_acts": "",
"section_id": 11
},
{
"act_id": 593,
"details": "8. (1) An officer or an Armed Policeman, 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 endeavour 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 commit an assault on his superior officer knowing or having reason to believe him to be such superior officer, whether on or off duty; or (c) \tabandons or delivers up any 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 Armed Policeman to abstain from acting against the enemy, or any such person or to discourage any such subordinate officer or Armed Policeman from acting against the enemy, or any such person; or (e) directly 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 disclose 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 Officer, or his post or party; or (h) \tquits his guard, post, party or patrol without being regularly relieved or without leave; or (i) \tuses criminal force to, or commits an 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 destroys or damages any property of any kind; or (j) \tintentionally causes or spreads a false alarm in action, camp, battalion headquarters or barracks; or (k) \taccepts illegal gratification from any person; or (l) \tcommits or attempts to commit rape on any woman; shall, on conviction by a Special Court, be punished with,- (a) in the case of an offence mentioned in clause (a) or (l), transportation for life, or rigorous imprisonment for a term of not less than ten years; (b) \tin the case of an offence mentioned in clause (b), (c), (d), (e) or (f), rigorous imprisonment for a term which may extend to ten years; and (c) \tin the case of an offence mentioned in clause (g), (h), (i), (j) or (k) rigorous imprisonment for a term which may extend to seven years. (2) A Special Court may take cognizance of any offence punishable under this section either of its own motion or on a complaint by any person and shall follow such procedure as may be prescribed. (3) An officer or an Armed Policeman accused of an offence under this Ordinance shall have the right to conduct his own defence or to have assistance of any superior or subordinate officer of his battalion or of any legal practitioner of his own choice. (4) Any person aggrieved by a judgment of a Special Court may prefer an appeal within thirty days of the delivery the judgment,- (a) \tin the case of superior officer, to the Government; and (b) \tin the case of a subordinate officer or an Armed Policeman, to the Inspector General of Police. (5) When a Special Court passes sentence of transportation for life, the proceedings of the case shall be submitted,- (a) \tin the case of superior officer, to the President; and (b) \tin the case of a subordinate officer or an Armed Policeman, to the Inspector General of Police, and the sentence shall not be executed unless it is confirmed by the President or, as the case may be, by the Inspector General of Police. (6) In any case submitted under sub-section (5), the President or, as the case may be, the Inspector General of Police may- (a) \tconfirm the sentence, or pass any other sentence warranted by law, or (b) \tannul the conviction, and convict the accused of any offence of which the Special Court might have convicted him, or order a new trial on the same or an amended charge, or (c) \tmay acquit the accused: Provided that no order of confirmation shall be made under this sub-section until the period allowed for preferring an appeal has expired, or, if an appeal is preferred within such period, until such appeal is disposed of.",
"name": "Offences triable by Special Court",
"related_acts": "",
"section_id": 12
},
{
"act_id": 593,
"details": "9. (1) An officer or an Armed Policeman 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) strikes, or forces or attempts to force, any sentry; or (c) \tbeing in command of a guard, post 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 prisoners to escape; or (d) being deputed to any guard, post or patrol, quits it without being regularly relieved or without leave; or (e) \tbeing in command of a guard, post 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 superior officer in the execution of his office; or (h) \trefuses to superintend or assist in the making of any field work or other police work of any description ordered to be made either in headquarters or in the field; or (i) \tstrikes or otherwise misbehaves with a subordinate officer or an Armed Policeman; 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) with 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 extracts from any person carriage, porterage or provisions; or (o) \tdesignedly, or through neglect, kills, injures, makes away with or 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) \tdesignedly or through neglect fails to apprehend an offender; or (t) \tdesignedly or through neglect fails to perform his duties; or (u) \tneglects to obey Battalion orders or company orders or any other orders or rules made under this Ordinance or commits any act or omission prejudicial to good order and discipline; shall, on conviction by a Summary Court, be punished with rigorous imprisonment for a term which may extend to three years. (2) A Summary Court may take cognizance of an offence punishable under this section either of its own motion or on complaint by any person and shall follow such procedure as may be prescribed. (3) Any person aggrieved by a judgment of a Summary Court may prefer an appeal,- (a) \tin the case of a superior officer, to the Government; and (b) \tin the case of a subordinate officer or an Armed Policeman, to the Inspector General of Police.",
"name": "Offences triable by Summary Court, etc.",
"related_acts": "",
"section_id": 13
},
{
"act_id": 593,
"details": "10. (1) Subject to such rules as the Government may make under this Ordinance, in the case of superior officers, the Government and in the case of subordinate officers and Armed Policeman, the Inspector General of Police or any other officer authorised by him in this behalf, may, at any time, award any one or more of the following punishments to any officer or any Armed Policeman whom he finds to be guilty of disobedience, neglect of duty or remissness in the discharge of any duty, or of rendering himself unfit to discharge his duty or of other misconduct as an officer, or an Armed Policeman, namely:- (a) dismissal from service; (b) \tremoval from service; (c) \tcompulsory retirement; (d) \treduction in rank or grade; (e) \tstoppage of promotion; (f) \tforfeiture of seniority; (g) \tforfeiture of pay and allowance; (h) \tforfeiture of increment in pay; (i) \tfine of any amount not exceeding one month's pay; (j) \tsevere reprimand; (k) \treprimand; (l) \textra guard, picquets, patrol or fatigue duties; (m) \tconfinement to lines for a term not exceeding one month with or without drill, extra guard, fatigue or other duties: Provided that the punishments mentioned in clauses (l) and (m) shall not apply to officers. (2) An officer or an Armed Policeman against whom action under sub-section (1) is required to be taken or against whom any inquiry is to be made may be placed under suspension- (a) \tin the case of a superior officer, by the Government; and (b) \tin the case of a subordinate officer or an Armed Policeman, by the Inspector General of Police. (3) Notwithstanding anything contained in sub-section (1), an officer or an Armed Policeman against whom action under that sub-section is required to be taken shall have the right to conduct his own defence or to have assistance of any superior or subordinate officer of his battalion. (4) Any officer or any Armed Policeman aggrieved by any action under sub-section (1), may prefer an appeal within thirty days of the passing of the order or the action taken,- (a)\tin the case of a superior officer, to the Government; and (b) \tin the case of a subordinate officer or an Armed Policeman, to the Inspector General of Police.",
"name": "Departmental proceedings",
"related_acts": "",
"section_id": 14
},
{
"act_id": 593,
"details": "11. Any officer or Armed Policeman sentenced under this Ordinance 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 so directs, be confined in the quarter-guard or such other place as such Court may deem fit.",
"name": "Imprisonment of persons convicted and dismissed",
"related_acts": "",
"section_id": 15
},
{
"act_id": 593,
"details": "12. The Inspector General of Police may delegate, by order in writing, to such extent and in respect of such subordinate officer or such Armed Policeman as he may think fit, the powers conferred on him by any provision of this Ordinance, except sub-sections (4) and (5) of section 8 and sub-section (3) of section 9, to any superior officer.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 16
},
{
"act_id": 593,
"details": "13. No suit, prosecution or other legal proceedings shall be against any member of the Force for anything which is done or intended to be done in good faith under this Ordinance.",
"name": "Indemnity",
"related_acts": "",
"section_id": 17
},
{
"act_id": 593,
"details": "14. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:- (a) \torganisation, classification and distribution of the Force; (b) \tappointment, control, supervision, condition of service, transfer, suspension, removal, dismissal and punishment of the members of the Force; (c) \tgrant of leave, absentee or acting allowance to the members of the Force; (d) \tplaces at which the members of the Force shall reside and the duties to be performed by them; (e) \tdescription of arms, ammunitions and accoutrements to be furnished to the members of the Force; (f) \trations and supplies and other necessaries to be provided to the members of the Force; (g) \taccommodation and messing facilities; (h) \tdrill, musketry and signalling; (i) \tpreparation and maintenance of accounts and the manner in which such accounts shall be audited; (j) \tgeneral administration of the Force and security measures; and (k) generally for the efficient conduct of the Force.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 18
},
{
"act_id": 593,
"details": "15. The Inspector General of Police, may, from time to time, make such regulations and orders not inconsistent with the provisions of this Ordinance and the rules made thereunder, to provide for matters relating to collection and communication of intelligence by the members of the Force, prevention of abuse or neglect of duty and for such other matters which he may consider necessary for rendering the Force efficient in the discharge of its duties but are not required to be provided for by rules.",
"name": "Power to make regulations, etc",
"related_acts": "",
"section_id": 19
}
],
"text": "An Ordinance to provide for the constitution of Armed Police Battalions. WHEREAS it is expedient to provide for the constitution of Armed Police Battalions and for matters ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975, and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-"
} |
{
"id": 594,
"lower_text": [],
"name": "The Foodgrains Supply (Prevention of Prejudicial Activity) Ordinance, 1979",
"num_of_sections": 5,
"published_date": "25th July, 1979",
"related_act": [
594,
75
],
"repelled": true,
"sections": [
{
"act_id": 594,
"details": "1. This Ordinance may be called the Foodgrains Supply (Prevention of Prejudicial Activity) Ordinance, 1979.",
"name": "Short title",
"related_acts": "594",
"section_id": 1
},
{
"act_id": 594,
"details": "2. This Ordinance shall have effect notwithstanding anything contained in the Industrial Relations Ordinance, 1969 (XXIII of 1969), or in any other law for the time being in force.",
"name": "Ordinance to override all other laws",
"related_acts": "",
"section_id": 2
},
{
"act_id": 594,
"details": "3. (1) A person shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to taka five thousand, or with both, if he engages in any activity prejudicial to the storage, movement, transhipment, supply and distribution of foodgrains. (2) A person shall be deemed to have engaged in an activity prejudicial to the storage, movement, transhipment, supply and distribution of foodgrains, if he- (a) \tbeing a person engaged or employed, whether as a worker, employee, contractor or otherwise, in connection with the storage, movement, transhipment, supply and distribution of foodgrains (hereinafter referred to as “person aforesaid”) absents himself or otherwise abstains from, his duties, whether or not in concert with others, without leave of absence or any reasonable excuse; or (b) \tincites or in any manner persuades any person aforesaid to be absent or to abstain from, or not to perform, his duties or prevents him from attending to and performing his duties; or (c)\tengages in any activity which causes disaffection among, or interferes with the discipline of, or obstructs the performance of duties by, any person aforesaid; or (d)\tinstigates, directly or indirectly, the use of criminal force against any person aforesaid; or (e)\tdoes any act or thing which impedes, delays or restricts, or is calculated to impede, delay or restrict, the transportation, movement, supply or distribution of foodgrains; or (f)\tmakes, prints, publishes or distributes any document containing, or spreading by any other means whatsoever, any false statement or information relating to storage, movement, transhipment, supply or distribution or foodgrains; or (g)\tcauses, or does any act or thing calculated to cause, fear or alarm to the public or any section of the public in respect of availability of foodgrains.",
"name": "Offences",
"related_acts": "",
"section_id": 3
},
{
"act_id": 594,
"details": "4. (1) Where the Government, or any authority empowered by it in this behalf, is satisfied in respect of any person that with a view to preventing him from engaging in any activity prejudicial to storage, movement, transhipment, supply and distribution of foodgrains, it is necessary so to do, it may make an order directing that such person be detained for a period not exceeding three months. (2) A detention order under sub-section (1) may be executed at any place in Bangladesh in the manner provided for execution of warrants of arrest under the Code of Criminal Procedure, 1898 (Act V of 1898).",
"name": "Restriction on movement of certain persons and detention orders",
"related_acts": "75",
"section_id": 4
},
{
"act_id": 594,
"details": "5. Any police officer not below the rank of Sub-Inspector or any other person empowered by the Government in this behalf, may arrest without warrant any person who has been, or against whom a reasonable suspicion exists of his having been, concerned in an offence punishable under this Ordinance.",
"name": "Power of arrest without warrant",
"related_acts": "",
"section_id": 5
}
],
"text": "An Ordinance to provide for special measures for prevention of prejudicial activity relating to the storage, movement, transhipment, supply and distribution of foodgrains. WHEREAS it is expedient to provide for special measures for prevention of prejudicial activity relating to the storage, movement, transhipment, supply and distribution of foodgrains; 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": 595,
"lower_text": [],
"name": "The University Laws Amendment Act, 1980",
"num_of_sections": 6,
"published_date": "8th March, 1980",
"related_act": [
440,
441,
595,
438
],
"repelled": false,
"sections": [
{
"act_id": 595,
"details": "1. (1) This Act may be called the University Laws Amendment Act, 1980. (2) It shall be deemed to have come into force on the 22nd day of August, 1979.",
"name": "Short title and commencement",
"related_acts": "595",
"section_id": 1
},
{
"act_id": 595,
"details": "2. In the Dacca University Order, 1973 (P.O. No. 11 of 1973), in Article 10, after clause (3), the following new clause shall be added, namely:- “(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": "Amendment of the Dacca University Order, 1973 (P.O. No. 11 of 1973)",
"related_acts": "",
"section_id": 2
},
{
"act_id": 595,
"details": "3. In the Rajshahi University Act, 1973 (XXVI of 1973), in section 10, after sub-section (3), the following new sub-section shall be added, namely:- “(4) \tThe 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": "Amendment of the Rajshahi University Act, 1973 (XXVI of 1973)",
"related_acts": "438",
"section_id": 3
},
{
"act_id": 595,
"details": "4. In the Chittagong University Act, 1973 (XXXIII of 1973), in section 11, after sub-section (3), the following new sub-section shall be added, namely:- “(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": "Amendment of the Chittagong University Act, 1973 (XXXIII of 1973)",
"related_acts": "440",
"section_id": 4
},
{
"act_id": 595,
"details": "5. In the Jahangirnagar University Act, 1973 (XXXIV of 1973), in section 10, after sub-section (3), the following new sub-section shall be added, namely:- “(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": "Amendment of the Jahangirnagar University Act, 1973 (XXXIV of 1973)",
"related_acts": "441",
"section_id": 5
},
{
"act_id": 595,
"details": "6. (1) The University Laws Amendment Ordinance, 1979 (XXIX of 1979), is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken, including any authorisation made, notification issued or direction given under any provision of the Dacca University Order, 1973 (P.O. No. 11 of 1973), Rajshahi University Act, 1973 (XXVI of 1973), Chittagong University Act, 1973 (XXXIII of 1973), and the Jahangirnagar University Act, 1973 (XXXIV of 1973), as amended by the said Ordinance, shall be deemed to have done, taken, made, issued or given, as the case may be, under the corresponding provisions of the said P.O. and Acts, as amended by this Act.",
"name": "Repeal and savings",
"related_acts": "438,440,441",
"section_id": 6
}
],
"text": "An Act further to amend the University Laws. WHEREAS it is expedient further to amend the University Laws for the purposes hereinafter appearing; It is hereby enacted as follows:-"
} |
{
"id": 596,
"lower_text": [],
"name": "The Banks and Financial Institutions Laws Amendment Act, 1980",
"num_of_sections": 2,
"published_date": "29th March, 1980",
"related_act": [
596
],
"repelled": false,
"sections": [
{
"act_id": 596,
"details": "1. This Act may be called the Banks and Financial Institutions Laws Amendment Act, 1980.",
"name": "Short title",
"related_acts": "596",
"section_id": 1
},
{
"act_id": 596,
"details": "2. The laws mentioned in column 1 of the Schedule shall be amended in the manner indicated in column 2 thereof.",
"name": "Amendment of certain laws relating to Banks and Financial Institutions",
"related_acts": "",
"section_id": 2
}
],
"text": "An Act further to amend certain laws relating to Banks and Financial Institutions. WHEREAS it is expedient further to amend certain laws relating to Banks and Financial Institutions for the purposes hereinafter appearing; It is hereby enacted as follows:-"
} |
{
"id": 597,
"lower_text": [],
"name": "The Foreign Private Investment (Promotion and Protection) Act, 1980",
"num_of_sections": 9,
"published_date": "1st April, 1980",
"related_act": [
597
],
"repelled": false,
"sections": [
{
"act_id": 597,
"details": "1. This Act may be called the Foreign Private Investment (Promotion and Protection) Act, 1980.",
"name": "Short title",
"related_acts": "597",
"section_id": 1
},
{
"act_id": 597,
"details": "2. (1) In this Act, unless there is anything repugnant in the subject or context,- (a)\t “foreign capital” means capital invested in Bangladesh in any industrial undertaking by a citizen of any foreign country or by a company incorporated outside Bangladesh, in the form of foreign exchange, imported machinery and equipment, or in such other form as the Government may approve for the purpose of such investment; (b) \t“foreign private investment” means investment of foreign capital by a person who is not a citizen of Bangladesh or by a company incorporated outside Bangladesh, but does not include investment by a foreign Government or an agency of foreign Government; (c) \t“industrial undertaking” means an industry, establishment or other undertaking engaged in the production or processing of any goods, or in the development and extraction of such mineral resources or products, or in the providing of such services, as may be specified in this behalf by the Government. (2) Words and expressions used but not defined in this Act shall have the same meaning as in the Companies Act, 1913 (VII of 1913).",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 597,
"details": "3. (1) The Government may, for the promotion of foreign private investment, sanction establishment with foreign capital of any industrial undertaking- (a) \twhich does not exist in Bangladesh and the establishment whereof, in the opinion of the Government, is desirable; or (b) \twhich is not being carried on in Bangladesh on a scale adequate to the economic and social needs of the country; or (c)\twhich is likely to contribute to- (i)\tthe development of capital, technical and managerial resources of Bangladesh; or (ii)\t the discovery, mobilisation or better utilisation of the natural resources; or (iii) the strengthening of the balance of payment of Bangladesh; or (iv)\t increasing employment opportunities in Bangladesh; or (v) \tthe economic development of the country in any other manner. (2) Sanction of the establishment with foreign capital of an industrial undertaking under sub-section (1) may be subject to such conditions as the Government may deem fit to impose.",
"name": "Foreign private investment",
"related_acts": "",
"section_id": 3
},
{
"act_id": 597,
"details": "4. The Government shall accord fair and equitable treatment to foreign private investment which shall enjoy full protection and security in Bangladesh.",
"name": "Protection and equitable treatment",
"related_acts": "",
"section_id": 4
},
{
"act_id": 597,
"details": "5. The terms of sanction, permission or licence granted by Government to an industrial undertaking having foreign private investment shall not be unilaterally changed so as to adversely alter the conditions under which the establishment of such undertaking was sanctioned; nor shall foreign private investment be accorded a less favourable treatment than what is accorded to similar private investment by the citizens of Bangladesh in the application of relevant rules and regulations.",
"name": "Terms of sanction, etc.",
"related_acts": "",
"section_id": 5
},
{
"act_id": 597,
"details": "6. In the event of losses of foreign investment owing to civil commotion, insurrection, or riot, foreign private investment shall be accorded the same treatment with regard to indemnification, compensation, restitution, or other settlement as is accorded to investments by the citizens of Bangladesh.",
"name": "Indemnification, etc.",
"related_acts": "",
"section_id": 6
},
{
"act_id": 597,
"details": "7. (1) Foreign private investment shall not be expropriated or nationalised or be subject to any measures having effect of expropriation or nationalisation except for a public purpose against adequate compensation which shall be paid expeditiously and be freely transferable. (2) Adequate compensation for the purpose of sub-section (1) shall be an amount equivalent to the market value of investment expropriated or nationalised immediately before the expropriation or nationalisation.",
"name": "Expropriation and nationalisation",
"related_acts": "",
"section_id": 7
},
{
"act_id": 597,
"details": "8. (1) In respect of foreign private investment, the transfer of capital and the returns from it and, in the event of liquidation of industrial undertaking having such investment, of the proceeds from such liquidation is guaranteed. (2) The guarantee under sub-section (1) shall be subject to the right which, in circumstances of exceptional financial and economic difficulties, the Government may exercise in accordance with the applicable laws and regulations in such circumstances.",
"name": "Repatriation of investment",
"related_acts": "",
"section_id": 8
},
{
"act_id": 597,
"details": "9. If any difficulty arises in giving effect to any provision of this Act, the Government may make such order, not inconsistent with the provisions of this Act, as may appear to it to be necessary for the purpose of removing the difficulty.",
"name": "Removal of difficulty",
"related_acts": "",
"section_id": 9
}
],
"text": "An Act to provide for the promotion and protection of foreign private investment in Bangladesh. WHEREAS it is expedient to provide for the promotion and protection of foreign private investment in Bangladesh; It is hereby enacted as follows:-"
} |
{
"id": 598,
"lower_text": [],
"name": "The Note-Books (Prohibition) Act, 1980",
"num_of_sections": 5,
"published_date": "9th April, 1980",
"related_act": [
598
],
"repelled": false,
"sections": [
{
"act_id": 598,
"details": "1. This Act may be called the Note-Books (Prohibition) Act, 1980.",
"name": "Short title",
"related_acts": "598",
"section_id": 1
},
{
"act_id": 598,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) “Board” means the Bangladesh School Text-Book Board established under the School Text-Book Act, 1954 (E.P. Act XIV of 1954); (b) “note-book” means any printed book that contains notes, annotations, explanations, comments, references, answers or solutions to any questions on any subject or matter in, or translations or paraphrases of any part of, any text-book but does not include any such book published by, or under the authority of, the Board; and (c)\t“text-book” means any text-book for primary schools or secondary schools up to Class VIII published by, or under the authority of, the Board.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 598,
"details": "3. (1) No person shall print, publish, import, sell, distribute or in any manner put into circulation or keep for printing, publication, sale, distribution or circulation of any note-book. (2) Nothing in sub-section (1) shall apply to any notes, comments or explanations dictated or given in writing by a teacher in a class for the use of the students of that class: Provided that such notes, comments or explanations shall not be reproduced in writing or otherwise and circulated for the use of any other person.",
"name": "Prohibition of printing, etc., of the note-books4.Penalty",
"related_acts": "",
"section_id": 3
},
{
"act_id": 598,
"details": "4. (1) Whoever contravenes any provision of section 3 shall be punishable with rigorous imprisonment for a term which may extend to seven years, or with fine which may extend to twenty five thousand Taka, or with both. (2) A Court trying the contravention of any provision of section 3 shall order the forfeiture to Government of every copy of the note-book in respect of which such provision has been contravened and may also order the forfeiture to Government of the printing press found printing such note-book. (3) Where any provision of section 3 has been contravened by a firm, company or other body corporate, every partner, director, manager, secretary or other officer thereof shall, if actively concerned in the conduct of the business of such firm, company or body corporate, be deemed to have contravened such provision unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.",
"name": "Penalty",
"related_acts": "",
"section_id": 4
},
{
"act_id": 598,
"details": "5. 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": 5
}
],
"text": "An Act to prohibit printing, publication, import, distribution and sale of note-books on text-books for primary schools and secondary schools up to Class VIII. WHEREAS it is expedient to prohibit printing, publication, import, distribution and sale of note-books on text-books for primary schools and secondary schools up to Class VIII; It is hereby enacted as follows:-"
} |
{
"id": 599,
"lower_text": [],
"name": "The Ombudsman Act, 1980",
"num_of_sections": 18,
"published_date": "9th April, 1980",
"related_act": [
75,
86,
599
],
"repelled": false,
"sections": [
{
"act_id": 599,
"details": "1. (1) This Act may be called the Ombudsman Act, 1980. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint. * এস, আর, ও নং ০৭-আইন/২০০২, ০৬ জানুয়ারী, ২০০২ খ্রিস্টাব্দ উক্ত আইন কার্যকর হইয়াছে।",
"name": "Short title and commencement",
"related_acts": "599",
"section_id": 1
},
{
"act_id": 599,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \t“action” means action taken by way of decision, recommendation or approval or in any other manner and includes failure to act; (b)\t “competent authority” means- (i)\tin relation to a Ministry, the Minister, (ii)\tin relation to a statutory public authority, the Government, (iii)\tin relation to a public officer, the appointing authority or, where there is no such authority, the Government; (c) \t“public officer” means a public officer as defined in Article 152 of the Constitution and includes a chairman, mayor, director, member, trustee, officer or other employee of a statutory public authority or of any other authority, corporation, body or organisation established, owned, managed or controlled by the Government; (d) \t“prescribed” means prescribed by rules made under this Act.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 599,
"details": "3. (1) There shall be an Ombudsman who shall be appointed by the President on the recommendation of Parliament. (2) Parliament shall recommend for appointment as Ombudsman a person of known legal or administrative ability and conspicuous integrity.",
"name": "Establishment of office of Ombudsman",
"related_acts": "",
"section_id": 3
},
{
"act_id": 599,
"details": "4. (1) The Ombudsman shall, subject to this section, hold office for a term of three years from the date on which he enters upon his office, and shall be eligible for reappointment for one further term. (2) The Ombudsman shall not be removed from his office except by an order of the President passed pursuant to a resolution of Parliament supported by a majority of not less than two-thirds of the total number of members of Parliament on the ground of proved misconduct or physical incapacity: Provided that no such resolution shall be passed until the Ombudsman has been given a reasonable opportunity of being heard in person. (3) The Ombudsman may resign his office by writing under his hand addressed to the President.",
"name": "Term of office of Ombudsman",
"related_acts": "",
"section_id": 4
},
{
"act_id": 599,
"details": "5. Subject to this Act, the remuneration, privileges and other conditions of service of the Ombudsman shall be the same as are admissible or applicable to a Judge of the Appellate Division.",
"name": "Remuneration, etc. of Ombudsman",
"related_acts": "",
"section_id": 5
},
{
"act_id": 599,
"details": "6. (1) The Ombudsman may investigate any action taken by a Ministry, a statutory public authority, or a public officer in any case where- (a) \ta complaint in respect of such action is made to him by a person- (i) \twho claims to have sustained injustice in consequence of such action; or (ii) \twho affirms that such action has resulted in favour being unduly shown to any person or in accrual of undue personal benefit or gain to any person; or (b) \tinformation has been received by him from any person or source, otherwise than on a complaint, that such action is of the nature mentioned in clause (a). (2) Nothing in this section shall authorise the Ombudsman to investigate any civil or criminal proceedings before any Court, or the function performed by, or the conduct of, a person acting as a member of a Court.",
"name": "Functions of Ombudsman",
"related_acts": "",
"section_id": 6
},
{
"act_id": 599,
"details": "7. (1) Where the Ombudsman proposes to conduct an investigation under this Act, he shall- (a) \tforward a copy of the complaint or, in the case where he proposes to conduct the investigation on his own motion, a statement setting out the grounds therefore, to the Ministry, statutory public authority, or the public officer concerned; (b) \tafford to the Ministry, the statutory public authority, or the public officer concerned an opportunity to offer its or his comments on such complaint or statement. (2) Except as aforesaid the procedure for conducting any such investigation shall be such as the Ombudsman considers appropriate in the circumstances of the case. (3) The Ombudsman may obtain information from such persons and in such manner, and make such inquiries and in such manner, as he thinks fit. (4) Where any action is under investigation by any other person under any other law, the Ombudsman shall not investigate such action unless, for reasons to be recorded in writing, he is of opinion that an investigation by him is necessary.",
"name": "Procedure in respect of investigations",
"related_acts": "",
"section_id": 7
},
{
"act_id": 599,
"details": "8. (1) Subject to the provisions of this section, for the purposes of an investigation under this Act, the Ombudsman may require any public officer or any other person who, in his opinion, is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document. (2) For the purposes of any such investigation the Ombudsman shall have all the powers of 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 any person and examining him on oath; (b)\trequiring the discovery and production of any document; (c) \trequiring evidence on affidavit; (d) \trequisitioning any public record or a copy thereof from any Court or office; (e) \tissuing commissions for the examination of witnesses or documents; (f) \tsuch other matters as may be prescribed. (3) Any proceeding before the Ombudsman shall be deemed to be a judicial proceeding within the meaning of section 193 of the Penal Code (XLV of 1860). (4) Subject to the provisions of sub-section (5), no obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to Government or persons in Government service, imposed by any law, shall apply to the disclosure of information for the purposes of any investigation under this Act. (5) No person shall be required or authorised by virtue of this Act to furnish any such information or answer any such question or produce so much of any document- (a) \tas might prejudice the security or defence or international relations of Bangladesh, or the investigation or detection of crime; or (b) \tas might involve the disclosure of proceedings of the Council of Ministers or any committee thereof; and for the purposes of this sub-section a certificate issued by a Secretary to the Government certifying that any information, answer or portion of a document is of the nature specified in clause (a) or clause (b) shall be conclusive and binding. (6) Without prejudice to the provisions of sub-section (4), no person shall be compelled for the purposes of an investigation under this Act to give any evidence or produce any document which he could not be compelled to give or produce in any proceedings before a Court.",
"name": "Evidence",
"related_acts": "86",
"section_id": 8
},
{
"act_id": 599,
"details": "9. (1) If, after investigation of any action under this Act, it appears to the Ombudsman that injustice has been caused to the complainant or to any other persons in consequence of maladministration in connection with such action, the Ombudsman shall, by a report in writing, recommend to the competent authority concerned that such injustice should be remedied in such manner and within such time as may be specified in the report. (2) The competent authority to which a report is sent under sub-section (1) or a person authorised by it in this behalf shall, within one month of the expiry of the time specified in the report, intimate to the Ombudsman of the action taken for compliance with the report. (3) If, after investigation of any action under this Act, it appears to the Ombudsman that such action has resulted in favour being unduly shown to any person or in accrual of undue personal benefit or gain to any person and that this may be substantiated, he shall, by a report in writing, communicate his findings, together with the relevant documents, materials and other evidence, to the competent authority concerned and recommend such legal, departmental or disciplinary action as he deems fit. (4) The competent authority or a person authorised by it in this behalf shall examine the report forwarded to it under sub-section (3) and, within one month of the date of receipt of the report intimate to the Ombudsman the action taken or proposed to be taken on the basis of his report. (5) If the Ombudsman is satisfied with the action taken or proposed to be taken on the basis of his report referred to in sub-sections (1) and (3), he shall close the case but where he is not so satisfied and if he considers that the case so deserves, he may make a special report upon the case to the President. (6) The Ombudsman shall prepare an annual report concerning the discharge of his functions under this Act and submit it to the President who shall cause it, together with an explanatory memorandum, to be laid before Parliament. (7) If, during any investigation under this Act, the Ombudsman finds any defect in any law, he may report such defect to the Government and recommend such reform of the law as, in his opinion, will remove such defect.",
"name": "Reports of Ombudsman",
"related_acts": "",
"section_id": 9
},
{
"act_id": 599,
"details": "10. (1) The Ombudsman may appoint officers and other employees to assist him in the discharge of his functions. (2) The categories of officers and other employees who may be appointed by the Ombudsman and their terms and conditions of service shall be such as may be prescribed after consultation with the Ombudsman. (3) Without prejudice to the provisions of sub-section (1), the Ombudsman may, with the previous consent of the Government, utilise the services of any officer, employee or agency of the Government if such services are required by him for the purpose of discharging his functions.",
"name": "Staff of Ombudsman",
"related_acts": "",
"section_id": 10
},
{
"act_id": 599,
"details": "11. For the purposes of an investigation under this Act, the Ombudsman may enter upon and inspect any premises and search and seize such books or documents as he deems necessary; and the provisions of sections 102 and 103 of the Code of Criminal Procedure, 1898 (V of 1898), shall, so far as may be, apply to such entry, inspection, search and seizure.",
"name": "Power of entry",
"related_acts": "75",
"section_id": 11
},
{
"act_id": 599,
"details": "12. (1) No person shall publish any proceedings relating to an investigation which is pending before the Ombudsman unless prior permission for the publication is obtained from the Ombudsman. (2) Whoever contravenes the provision of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to two thousand Taka, or with both.",
"name": "Restriction of publication of proceedings",
"related_acts": "",
"section_id": 12
},
{
"act_id": 599,
"details": "13. The Ombudsman shall have power to punish any person who, without lawful excuse, obstructs him in the performance of his functions with simple imprisonment which may extend to three months, or with fine which may extend to two thousand Taka, or with both.",
"name": "Power of Ombudsman to punish any person for obstruction",
"related_acts": "",
"section_id": 13
},
{
"act_id": 599,
"details": "14. The Ombudsman may, by general or special order in writing, direct that any power conferred or any duty imposed on him by or under this Act may also be exercised or discharged by such of the officers, employees or agencies referred to in section 10 as may be specified in the Order.",
"name": "Delegation of powers",
"related_acts": "",
"section_id": 14
},
{
"act_id": 599,
"details": "15. The Government may, by notification in the official Gazette, exempt any public officer or class of public officers from the operation of all or any of the provisions of this Act.",
"name": "Exemption",
"related_acts": "",
"section_id": 15
},
{
"act_id": 599,
"details": "16. (1) No suit, prosecution or other legal proceeding shall lie against the Ombudsman or any member of his staff in respect of anything which is in good faith done or intended to be done under this Act. (2) No proceedings, decision or report of the Ombudsman shall be liable to be challenged, reviewed, quashed or called in question in any Court.",
"name": "Immunities",
"related_acts": "",
"section_id": 16
},
{
"act_id": 599,
"details": "17. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.",
"name": "Power to make rules",
"related_acts": "",
"section_id": 17
},
{
"act_id": 599,
"details": "18. The provisions of this Act shall be in addition to the provisions of any other law under which any remedy by way of appeal, revision, review or in any other manner is available to a person making a complaint under this Act in respect of any action, and nothing in this Act shall limit or affect the right of such person to avail of such remedy.",
"name": "Savings",
"related_acts": "",
"section_id": 18
}
],
"text": "An Act to provide for the establishment of the office of Ombudsman and to define his powers and functions. WHEREAS it is expedient to provide for the establishment of the office of Ombudsman and to define his powers and functions and to provide for matters connected therewith; It is hereby enacted as follows:-"
} |
{
"id": 600,
"lower_text": [],
"name": "The Medical and Dental Council Act, 1980",
"num_of_sections": 34,
"published_date": "9th April, 1980",
"related_act": [
600,
24,
4
],
"repelled": true,
"sections": [
{
"act_id": 600,
"details": "1. This Act may be called the Medical and Dental Council Act, 1980.",
"name": "Short title",
"related_acts": "600",
"section_id": 1
},
{
"act_id": 600,
"details": "2. In this Act, unless there is anything repugnant in the subject or context,- (a) \t“approved hospital” or “approved institution” means a hospital or an institution approved by the Council for the purpose of sub section (1) of section 20; (b) “Council” means the Bangladesh Medical and Dental Council constituted under this Act; (c) \t“dental institution” means any institution which trains for, or grants, or both trains for and grants, degrees, diplomas or licenses in dentistry; (d)\t“medical institution” means any institution, which trains for, or grants, or both trains for and grants, degrees, diplomas or licences in medicine; (e) “medicine” means modern scientific medicine and includes surgery and obstetrics, but does not include veterinary medicine and surgery; (f)\t “member” means a member of the Council; (g) \t“private medical institution” means a medical institution not recognised by the Government; (h)\t “recognised additional medical qualification” means any medical qualification included in the Third Schedule; (i) “recognised dental qualification” means any dental qualifications, included in the Fifth Schedule; (j) \t“recognised medical qualification” means any medical qualifications included in the Schedules, or recognised under sections 9, 10, 11, 12, 13 or 14; (k) \t“Register” means the Registers of medical practitioners maintained under section 20 or the Register of dentists maintained under section 22; (l) “registered dentist” means a person registered as such under this Act; (m) “registered medical practitioner” means a person registered or provisionally registered as such under this Act; (n) \t“registrable medical licence or diploma” means any medical licences \tor diplomas included in the Fourth Schedule; and (o)\t “regulation” means a regulation made under section 33.",
"name": "Definitions",
"related_acts": "",
"section_id": 2
},
{
"act_id": 600,
"details": "3. (1) The Council shall consist of the following members, namely:- (a) \tthe Director of Health Services (Curative), ex officio; (b) \tthe Director of Health Services (Preventive), ex officio; (c) \tthe Director of Drug Administration, ex officio; (d) \tthe Director of Nursing Services, ex officio; (e) the Director General of Army Medical Services, ex officio; (f) \tthe Director General of Family Planning, ex officio; (g) \tthe Director, National Institute of Preventive and Social Medicine, ex officio; (h) \tthe Deans of the Faculty of Medicine of the Universities of Dacca, Chittagong and Rajshahi, ex officio; (i) ten members, at least two from each administrative Division of Bangladesh to be nominated by the Government; (j) \tone member each to be elected by the teaching staff of the Institute of Post Graduate Medicine and Research and each Medical College and Dental College of Bangladesh from amongst the teachers on its staff; (k) \tone member to be nominated by the Bangladesh Medical Association; (l) \tone member to be nominated by the Bangladesh Private Medical Practitioners Association; (m) one member, belonging to the legal profession, to be nominated by the Chief Justice of Bangladesh; (n) \teight members of Parliament, one from each of the four administrative Divisions and one from each of the four Divisional cities, to be nominated by the Speaker; and (o) two women members to be nominated by the Government. (2) No person shall at one and the same time serve as a member in more than one capacity. (3) The President of the Council shall be elected by the members from amongst themselves. (4) No act done by the Council shall be invalid on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Council.",
"name": "Constitution and composition of the Council",
"related_acts": "",
"section_id": 3
},
{
"act_id": 600,
"details": "4. The Council shall be a body corporate by the name of the Bangladesh Medical and Dental Council, having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and to contract, and shall by the said name sue and be sued.",
"name": "Incorporation of the Council",
"related_acts": "",
"section_id": 4
},
{
"act_id": 600,
"details": "5. (1) The President of the Council shall hold office for a term not exceeding three years and not extending beyond the expiry of his term as member. (2) A member, other than an ex officio member, shall hold office for a term of three years from the date of his nomination or election, as the case may be, or until his successor has been nominated or elected: Provided that if such member fails to attend three consecutive meetings of the Council, or remains out of Bangladesh for a continuous period exceeding one year, or ceases to represent the particular interest which he was elected or nominated to represent, his seat shall be deemed to have been vacated and a person shall thereupon be elected or nominated, as the case may be, to fill the vacancy: Provided further that a member shall be deemed to have vacated his seat if he is declared by a competent Court of law to be of unsound mind, or insolvent, or is convicted for a criminal offence involving moral turpitude, including unprofessional and infamous conduct. (3) Where the said term of three years is about to expire in respect of any member, his successor may be nominated or, as the case may be, elected at any time within three months before the said term expires, but shall not assume office until the said term has expired. (4) A member may, at any time, resign his membership by writing under his hand to the President of the Council, and the seat of such member shall be deemed to have fallen vacant from the date of acceptance of his resignation by the President. (5) A casual vacancy in the Council shall be filled through election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office for the remaining period of the term of his predecessor.",
"name": "Term of office",
"related_acts": "",
"section_id": 5
},
{
"act_id": 600,
"details": "6. (1) The Council shall meet at least twice in each year at such time and place as may be decided by the Council, and in case of emergency, the Registrar may, with the consent of the President of the Council, call a meeting. (2) Until otherwise provided by regulation, eleven members shall form a quorum, and all the acts of the Council shall be decided by a majority of the members present and voting.",
"name": "Meeting of the Council",
"related_acts": "",
"section_id": 6
},
{
"act_id": 600,
"details": "7. (1) The Council shall- (a) \telect from amongst its members a Vice President and an Honorary Treasurer; (b) constitute from amongst its members an Executive Committee, and such other Committees for general or special purposes as the Council deems necessary to carry out the purposes of this Act; (c) \twith the previous approval of the Government, appoint a Registrar on such terms and conditions as may be approved by the Government; (d) \tappoint such other officers and employees as the Council deems necessary to carry out the purposes of this Act; (e) \trequire and take from the Treasurer, or from any other officers or employees, such security for the due performance of his duties as the Council deems necessary; and (f) \twith the previous approval of the Government, fix the remuneration and allowances to be paid to the officers and employees of the Council. (2) All persons appointed under this section shall be deemed to be public servants within the meaning of section 21 of the Penal Code (Act XLV of 1860).",
"name": "Officers, committees and employees of the Council",
"related_acts": "",
"section_id": 7
},
{
"act_id": 600,
"details": "8. (1) The Executive Committee shall consist of seven members, of whom five shall be elected by the Council from amongst its members. (2) The President and Vice President of the Council shall be members ex officio of the Executive Committee, and shall be President and Vice President, respectively, of that Committee. (3) In addition to the powers conferred and duties imposed upon it by this Act, the Executive Committee shall exercise and discharge such powers and duties as the Council may confer or impose upon it by any regulations which may be made in this behalf.",
"name": "The Executive Committee",
"related_acts": "",
"section_id": 8
},
{
"act_id": 600,
"details": "9. (1) The medical qualifications granted by medical institutions in Bangladesh which are included in the First Schedule shall, subject to such conditions, if any, as specified therein, be recognised medical qualifications for the purposes of this Act. (2) Any medical institution in Bangladesh which grants a medical qualification not included in the First Schedule may apply to the Council to have such qualification recognised, and the Council may, after due consideration, by notification in the official Gazette, amend the First Schedule so as to include such qualification therein subject to such conditions, if any, as may be specified.",
"name": "Recognition of medical qualifications granted by medical institutions in Bangladesh",
"related_acts": "",
"section_id": 9
},
{
"act_id": 600,
"details": "10. The medical qualifications granted by medical institutions outside Bangladesh which are included in the Second Schedule shall, subject to such conditions, if any, as specified therein, be recognised medical qualifications for the purposes of this Act.",
"name": "Recognition of medical qualifications granted by institutions outside Bangladesh.",
"related_acts": "",
"section_id": 10
},
{
"act_id": 600,
"details": "11. (1) At any time, the Council may enter into negotiations with the appropriate authority in any State or country outside Bangladesh for the settling of a scheme of reciprocity for the recognition of medical qualifications, and in pursuance of any such scheme, the Council may, by notification in the official Gazette, amend the Second Schedule so as to include therein any medical qualifications which the Council has decided to recognise. (2) The Government, after consulting the Council, may, if it thinks fit, by notification in the official Gazette, amend the Second Schedule so as to include therein, or omit therefrom, any medical qualification granted by a medical institution in any State or country outside Bangladesh on and from a specified date, notwithstanding the fact that a reciprocal scheme of recognition has or has not been entered into between the Council and such authority in that State or country as is referred to in sub section (1).",
"name": "Arrangements for amendment of the Second Schedule",
"related_acts": "",
"section_id": 11
},
{
"act_id": 600,
"details": "12. (1) The Post graduate medical qualifications granted by medical institutions in or outside Bangladesh which are included in the Third Schedule shall be recognised additional medical qualifications subject to such conditions, if any, as specified therein for the purposes of this Act. (2) The Council may, by notification in the official Gazette, amend the Third Schedule so as to include therein, subject to such conditions, if any, as may be specified, any additional medical qualification in respect of which the Council is satisfied that it is of sufficient standing to warrant its being included therein. (3) Notwithstanding anything contained in sub-section (2), the Government may, after consulting the Council, by notification in the official Gazette, amend the Third Schedule so as to include therein, or omit therefrom, any additional medical qualification.",
"name": "Additional medical qualifications",
"related_acts": "",
"section_id": 12
},
{
"act_id": 600,
"details": "13. (1) The medical licences or diplomas granted by medical institutions in or outside Bangladesh which are included in the Fourth Schedule shall, subject to such conditions, if any, as specified therein, be registrable medical licences or diplomas for the purposes of this Act. (2) The Council may, by notification in the official Gazette, amend the Fourth Schedule so as to include therein, subject to such conditions, if any, as may be specified, any medical licences or diplomas in respect of which the Council is satisfied that it is of sufficient standing to warrant its being included therein. (3) Notwithstanding anything contained in this section, the Government may, after consulting the Council, by notification in the official Gazette, amend the Fourth Schedule so as to include therein, or omit therefrom, any medical licence or diploma.",
"name": "Registrable medical licences and diplomas",
"related_acts": "",
"section_id": 13
},
{
"act_id": 600,
"details": "14. (1) Medical examinations pass certificates granted on the completion of a medical course of not less than four years by any private medical institutions which were in existence in the territories now comprising Bangladesh in or before the year 1965, and the registration certificates of such course granted by the West Bengal Council of Medical Registration shall be registrable medical certificates for the purposes of this Act. (2) Medical examinations pass certificates granted by medical institutions in Bangladesh on the completion of a medical training course for a period which shall not be less than one year to be fixed by the Government by notification in the official Gazette, shall be registrable medical certificate for the purposes of this Act, and the persons possessing such medical certificates shall be able to practise medicine, surgery and midwifery under such terms and conditions as may be specified by the Government.",
"name": "Registrable medical examinations pass certificates",
"related_acts": "",
"section_id": 14
},
{
"act_id": 600,
"details": "15. (1) The dental qualifications granted by dental institutions in or outside Bangladesh which are included in the Fifth Schedule shall, subject to such conditions, if any, as specified therein, be recognised dental qualifications for the purposes of this Act. (2) Any dental institution in or outside Bangladesh which grants a dental qualification not included in the Fifth Schedule may apply to the Council to have such qualification recognised, and the Council may, after due consideration, by notification in the official Gazette, amend the Fifth Schedule so as to include such qualification therein subject to such conditions, if any, as may be specified. (3) A person who does not hold a recognised dental qualification, but has been engaged in practice as a dentist as his principal means of livelihood for a period of not less than five years, may be recognised for registration: Provided that he submits an application with prescribed fees on a date prior to that fixed by the Government and with his professional proficiency satisfies the Registration Tribunal set up by the Council.",
"name": "Recognition of dental qualifications granted by dental institutions in or outside Bangladesh",
"related_acts": "",
"section_id": 15
},
{
"act_id": 600,
"details": "16. Where the Council has refused to recognise any medical or dental qualification or has refused to amend the concerned Schedule, the Council shall inform the applicant, institution or the authority, as the case may be, in writing of such rejection and the aggrieved person, institution or the authority, may appeal against such rejection to the Government; and the Government, after considering such application and the Council's reasons for such refusal, may, by notification in the official Gazette, amend the concerned Schedule so as to include therein the medical or dental qualification subject to such conditions, if any, as may be specified.",
"name": "Appeal against the Council refusing recognition of any medical or dental qualification",
"related_acts": "",
"section_id": 16
},
{
"act_id": 600,
"details": "17. (1) Every medical or dental institution in Bangladesh which trains for, or grants, or both trains for and grants, a medical qualification, additional medical qualification or registrable medical licences or diploma, or any degree, diploma or licence in dentistry, shall furnish such information as the Council may, from time to time, require as to the courses of study and examinations to be undergone in order to obtain such qualification, as to the minimum age at which such undergraduate courses of study can be undertaken on admission in the institution concerned, examinations required to be undergone prior to such qualifications being conferred, and generally as to the requisites for obtaining such qualifications. (2) Every medical certificate holder as mentioned in section 14 shall furnish such information as the Council may require as to the courses of study and examination undergone in order to obtain such certificates for the purposes of granting registration.",
"name": "Power to require information as to courses of study and examinations",
"related_acts": "",
"section_id": 17
},
{
"act_id": 600,
"details": "18. (1) The Executive Committee shall appoint such number of medical or dental inspectors as it may deem requisite to attend at any or all of the examinations held by medical or dental institutions in Bangladesh for the purpose of granting recognised medical or additional medical, or dental, qualifications or in respect of which recognition has been sought. (2) Inspectors appointed under this section shall not interfere with the conduct of any examination, but they shall report to the Executive Committee on the sufficiency of every examination which they attend and on the courses of study and facilities for teaching provided by the medical or dental institution in question at different stages in respect of such examination, and on any other matters in regard to which the Executive Committee may require them to report. (3) The Executive Committee shall forward a copy of any such report to the medical or dental institution concerned, and shall also forward a copy with the remarks of such medical or dental institution thereon and also to the Government.",
"name": "Inspection of examinations",
"related_acts": "",
"section_id": 18
},
{
"act_id": 600,
"details": "19. (1) When, upon report by the Executive Committee, it appears to the Council that the courses of study and examinations to be gone through in any medical or dental institution in Bangladesh in order to obtain a recognised medical, or additional medical, dental, qualification or that the standard of proficiency required from candidates at any examination held for the purpose of granting such qualification is not such as to secure to persons holding such qualification the knowledge and skill requisite for the efficient practice of medicine or dentistry, the Council shall forward the report, along with such remarks as it may choose to make, to the medical or dental institution with an intimation of the period within which the medical or dental institution may submit its explanation to the Council. (2) On the receipt of the explanation or, where no explanation is submitted within the period fixed, then on the expiry of the period, the Council, after making such further inquiry, if any, as it may think fit, may, by notification in the official Gazette, direct that an entry shall be made in the Schedule against the said medical, additional medical, or dental, qualification declaring that it shall be a recognised medical, additional medical, or dental, qualification or that it shall not be a recognised medical, additional medical, or dental, qualification on and from a specified date.",
"name": "Withdrawal of recognition",
"related_acts": "",
"section_id": 19
},
{
"act_id": 600,
"details": "20. (1) The Council shall maintain a Register of medical practitioners possessing qualifications which are recognised medical qualifications for the purposes of this Act, and may by a regulation direct the necessary particulars to be entered in the Register: Provided that on or after a date to be fixed by the Council, no medical practitioner shall be registered on the Register unless- (a)\the has been provisionally registered under the second proviso to this sub section and has thereafter been engaged in employment in a resident capacity in one or more approved hospitals or approved institutions in medicine, surgery, obstetrics and gynaecology, jointly or severally, for such period as may be prescribed by the Council; or (b) \the has worked in such appointment or appointments as, in the opinion of the Council, may be deemed to have provided him with experience of the practice of medicine, surgery, obstetrics and gynaecology not less extensive than that required under clause (a): Provided further that on and after the date fixed under the above proviso, every person possessing a recognised medical qualification shall be entitled to be provisionally registered in a separate part of the Register on his furnishing proof to the effect that he has been selected for a resident appointment in an approved hospital or approved institution, and he shall be deemed for all purposes to be a registered medical practitioner while he is acting in any such capacity, but not otherwise: Provided further that the name of any person provisionally registered shall, upon his full registration as medical practitioner, be removed from the separate part of the Register. (2) On and after a date to be fixed by the Council, any person who is for the time being provisionally registered under this Act and practises medicine, surgery, obstetrics and gynaecology elsewhere than in an approved institution or approved hospital, shall, on enquiry made by the Council in this behalf, be liable to the removal of his name from the Register till such time he produces a solemn undertaking to desist from such practice. (3) The Council shall maintain in the Register a separate list of medical practitioners possessing registrable medical licences or diplomas which are included in the Fourth Schedule, and may by a regulation direct the necessary particulars to be entered in the list. (4) The Council shall maintain a Register of the medical practitioners who passed from a private medical institution, and may by a regulation direct the necessary particulars to be entered in the Register. (5) The Council shall maintain a Register of the medical practitioners possessing registrable medical pass certificates under sub section (2) of section 14, and may by a regulation direct the necessary particulars to be entered in the Register.",
"name": "Maintenance of medical Register",
"related_acts": "",
"section_id": 20
},
{
"act_id": 600,
"details": "21. Any person who is registered as a medical practitioner or provisionally registered, and who obtains any recognised additional medical qualification included in the Third Schedule, may apply to the Council to enter that qualification as additional qualification and the Council shall, if satisfied that the applicant is entitled to the qualification in respect of which the application is made, direct that the said recognised additional medical qualification be entered in the Register against the name of that applicant.",
"name": "Entry of additional medical qualifications in the Register",
"related_acts": "",
"section_id": 21
},
{
"act_id": 600,
"details": "22. The Council shall maintain a Register of dentists possessing dental qualifications which are recognised dental qualifications for the purposes of this Act, and may by a regulation direct the necessary particulars to be entered in the Register.",
"name": "Maintenance of Register of dentists",
"related_acts": "",
"section_id": 22
},
{
"act_id": 600,
"details": "23. The Government, or any agency authorised by the Government in this behalf, may maintain separate Registers to register names of medical practitioners and dentists possessing such medical qualifications and dental qualifications from such date as the Government may, by notification in the official Gazette, specify; and the Council shall, from the date specified in the notification, refrain from registering the medical practitioners and the dentists possessing such medical and dental qualifications as have been specified in the notification.",
"name": "Additional Register",
"related_acts": "",
"section_id": 23
},
{
"act_id": 600,
"details": "24. The Registers maintained under sections 20, 22 and 23 shall be deemed to be public documents within the meaning of the Evidence Act, 1872 (I of 1872).",
"name": "Registers to be public documents",
"related_acts": "24",
"section_id": 24
},
{
"act_id": 600,
"details": "25. (1) Whoever wilfully procures or attempts to procure himself to be registered under this Act as a medical practitioner or dentist making or producing or causing to be made or produced any false or fraudulent representation or declaration, either orally or in writing, and any person who assists him therein, shall be punishable with fine which may extend to Taka two thousand, or with imprisonment for a term which may extend to one year, or with both. (2) Whoever falsely pretends to be registered under this Act as a medical practitioner or dentist or, not being registered under this Act, uses with his name or title any words or letters representing that he is so registered, irrespective of whether any person is actually deceived by such pretence or representation or not, shall be punishable with fine which may extend to Taka two thousand, or with imprisonment for a term which may extend to one year, or with both.",
"name": "Penalty for fraudulent representation or registration",
"related_acts": "",
"section_id": 25
},
{
"act_id": 600,
"details": "26. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no one, other than a registered medical practitioner or a registered dentist, shall be competent to hold any medical or dental appointment in a medical or dental college or its attached hospitals or as a Commissioned Medical or Dental Officer in any Hospital, asylum, infirmary, dispensary or lying in-hospital, maintained or aided by the Government, Railway or any local authority. (2) Notwithstanding anything to the contrary contained in any other law for the time being in force, no certificate required by any such law to be obtained from a medical or dental practitioner shall be valid unless it is signed by a registered medical practitioner or a registered dentist, as the case may be.",
"name": "Privileges of registered medical practitioners and dentists",
"related_acts": "",
"section_id": 26
},
{
"act_id": 600,
"details": "27. No registered medical practitioner or registered dentist shall use or publish in any way whatsoever any name, title, description or symbol indicating or calculated to lead persons to infer that he possesses any additional or other professional qualification unless the same has been conferred upon him by a legally constituted authority within or outside Bangladesh.",
"name": "Prohibition for using false title, etc., by registered medical practitioners and dentists",
"related_acts": "",
"section_id": 27
},
{
"act_id": 600,
"details": "28. (1) The Council may refuse to permit the registration of any person or direct the removal altogether or for a specified period from the Register of the name of any registered medical practitioner or registered dentist who has been convicted of any such offence as implies in the opinion of the Council a defect of character or who, after any inquiry at which opportunity has been given to such person to be heard in person or through advocate, has been held by the Council as guilty of infamous conduct in any professional respect or who has shown himself to be unfit to continue in practice on account of mental ill health or other grounds. (2) The Council may also direct that any name removed from the Register under sub section (1) shall be restored. (3) For the purpose of an inquiry under sub section (1), the Council shall be deemed to be a Court within the meaning of the Evidence Act, 1872 (I of 1872), and shall exercise all the powers of a Commissioner appointed under the Public Servants (Inquiries) Act, 1850 (XXXVII of 1850).",
"name": "Removal of names from the Register",
"related_acts": "24,4",
"section_id": 28
},
{
"act_id": 600,
"details": "29. Where the Council has refused registration of a person possessing recognised medical or dental qualifica¬tion or registrable medical qualification or has removed the name of a registered medical practitioner or registered dentist from the Register, the Council shall inform the person, or the registered medical practitioner or registered dentist, in writing of such rejection or removal within 90 days from the date of receipt of the application or removal; and the aggrieved person may prefer an appeal to the Government within sixty days of the making of the order refusing registration or, as the case may be, of removal of the name from the Register, and the Government, after considering the appeal and the Council's reasons for such refusal or, as the case may be, removal and also after giving the aggrieved person and the Council an opportunity of being heard, pass such orders as it deems fit, and the Council shall immediately give effect to any such orders.",
"name": "Appeal against the Council refusing registration",
"related_acts": "",
"section_id": 29
},
{
"act_id": 600,
"details": "30. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no one, other than a registered medical practitioner or a registered dentist, shall practise, or hold himself out as practising, the allopathy system of medicine or dentistry. (2) Whoever, after the date fixed by notification in the official Gazette by the Council in this behalf, contravenes the provision of sub section (1) shall be punishable with fine which may extend to Taka five thousand, or with imprisonment for a term which may extend to one year, or with both.",
"name": "30.\tPersons not registered under the Act not to practice",
"related_acts": "",
"section_id": 30
},
{
"act_id": 600,
"details": "31. (1) No person shall, without the approval of the Government, organise any course of study or training in medicine including surgery, obstetrics, nursing, pharmacy and midwifery and grant degrees, diplomas, licences or certificates. (2) Whoever contravenes this provision shall be punishable with imprisonment for a term which may extend to two years and with fine; and if the contravention is a continuing one, with a further fine which may extend to Taka five hundred for every day during which such contravention continues.",
"name": "Prohibition to organise course of study without approval of Government",
"related_acts": "",
"section_id": 31
},
{
"act_id": 600,
"details": "32. No suit, prosecution or other legal proceeding shall lie against the Council or any Committee thereof or any officer or employee of the Council for anything which is in good faith done or intended to be done under this Act.",
"name": "Indemnity",
"related_acts": "",
"section_id": 32
},
{
"act_id": 600,
"details": "33. (1) The Council may, with the previous approval of the Government, make regulations generally to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for- (a) the management of the property of the Council and the maintenance and audit of its accounts; (b) the summoning and holding of meeting of the Council, the times and places where such meetings are to be held, the conduct of business thereat and the number of members necessary to constitute a quorum; (c) the powers and duties of the President and Vice President of the Council; (d) the mode of the appointment of the Executive Committee and other Committees, the summoning and holding of meetings, the conduct of business of such Committees and the number of members necessary to constitute a quorum; (e) the tenure of office, and the powers and duties of the Registrar and other officers and employees of the Council; (f) the appointment, powers, duties and procedure of medical and dental inspectors; (g) the procedure for maintenance, compilation and publication of the Register, list of medical practitioners possessing registrable licences or diplomas, and the fees to be charged for registration and, if necessary, for opening of sub offices or branches for this purpose; (h) the procedure of an enquiry held under sub section (1) of section 28; and (i) any other matter for which under this Act provision may be made by regulations. (2) Notwithstanding anything contained in sub section (1), the Council shall make regulations which may provide for- (a) prescribing a uniform minimum standard of courses of training for obtaining graduate and post graduate medical and dental qualifications to be included or included respectively in the First, Third and Fifth Schedules; (b) prescribing minimum requirements for the content and duration of courses of study as aforesaid; (c) prescribing the conditions for admission to courses of training as aforesaid; (d) prescribing minimum qualifications and experience required of teachers for appointment in medical and dental institutions; (e) prescribing the standards of examinations, methods of conducting the examinations and other requirements to be satisfied for securing recognition of medical and dental qualifications under this Act; (f) prescribing the qualifications and experience required of examiners for professional examinations in medicine and dentistry antecedent to the granting of recognised medical and dental qualifications; and (g) \tthe procedure for maintenance, compilation and publication of the Register, list of medical practitioners possessing registrable licences or diplomas, and the fees to be charged for registration and, if necessary, for opening of sub offices or branches for this purpose; (h) \tthe procedure of an enquiry held under sub section (1) of section 28; and (i) \tany other matter for which under this Act provision may be made by regulations.",
"name": "Power to make regulations",
"related_acts": "",
"section_id": 33
},
{
"act_id": 600,
"details": "34. (1) The Medical Council Act, 1973 (XXX of 1973), hereinafter referred to as the said Act, is hereby repealed. (2) Upon the repeal of the said Act,- (a) the Medical Council constituted under the said Act, hereinafter referred to as the Medical Council, and functioning immediately before such repeal shall, until such time as a Council is constituted under section 3, be deemed to be the Council constituted under that section; (b) \tevery medical practitioner and dentist registered under the said Act shall be deemed to be registered under this Act; (c) \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 Medical Council shall be transferred to, and vested in, the Council; (d) \tall liabilities and obligations of whatever kind of the Medical Council subsisting immediately before such repeal shall be the liabilities and obligations of the Council; (e) \tall officers and other employees, excepting the Registrar of the Medical Council, shall be deemed to be officers and employees of the Council and shall hold office on the same terms and conditions as were applicable to them immediately before such repeal: Provided that the Government may alter their remuneration and other terms and conditions of service as it may deem fit; (f) \tthe Registrar shall continue in office for a period of three months from the date of coming into force of this Act and the Council shall, within this period, appoint a Registrar according to the provisions of this Act, failing which one officer in the service of the Republic may be deputed by the Government as Registrar until such time a Registrar is duly appointed; and (g) \tthe suits and other legal proceedings instituted by or against the Medical Council before such repeal shall be deemed to have been instituted by or against the Council.",
"name": "Repeal and savings",
"related_acts": "",
"section_id": 34
}
],
"text": "An Act to repeal and, with certain modifications, re enact the Medical Council Act, 1973, to provide for the constitution of a Medical and Dental Council, for regulating registration of medical practitioners and dentists and also for the purpose of establishing a uniform standard of basic and higher qualifications in medicine and dentistry. WHEREAS it is expedient to repeal and, with certain modifications, re enact the Medical Council Act, 1973 (XXX of 1973), to provide for the constitution of a Medical and Dental Council, for regulating registration of medical practitioners and dentists and also for the purpose of establishing a uniform standard of basic and higher qualifications in medicine and dentistry and for matters connected therewith; It is hereby enacted as follows:-"
} |
{
"id": 601,
"lower_text": [],
"name": "The Appropriation (Railways Supplementary) Act, 1980",
"num_of_sections": 3,
"published_date": "29th June, 1980",
"related_act": [
601
],
"repelled": false,
"sections": [
{
"act_id": 601,
"details": "1. This Act may be called the Appropriation (Railways Supplementary) Act, 1980.",
"name": "Short Title",
"related_acts": "601",
"section_id": 1
},
{
"act_id": 601,
"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 nine crores, forty-six lakhs and fifteen thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1980, in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 9,46,15,000 out of the Consolidated Fund for the year 1979-80",
"related_acts": "",
"section_id": 2
},
{
"act_id": 601,
"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, 1980.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to authorise expenditure of certain further sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1980. WHEREAS it is expedient to authorise expenditure of certain further sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1980; It is hereby enacted as follows:-"
} |
{
"id": 602,
"lower_text": [],
"name": "The Appropriation (Railways) Act, 1980",
"num_of_sections": 3,
"published_date": "29th June, 1980",
"related_act": [
602
],
"repelled": false,
"sections": [
{
"act_id": 602,
"details": "1. This Act may be called the Appropriation (Railways) Act, 1980.",
"name": "Short title",
"related_acts": "602",
"section_id": 1
},
{
"act_id": 602,
"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 twenty-seven crores, twenty lakhs and fifty thousand towards defraying the several charges which will come in course of payment during the financial year ending on the thirtieth day of June, 1981 in respect of the services and purposes specified in column 2 of the Schedule.",
"name": "Issue of Taka 227,20,50,000 out of the Consolidated Fund for the year 1980-81",
"related_acts": "",
"section_id": 2
},
{
"act_id": 602,
"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, 1981.",
"name": "Appropriation",
"related_acts": "",
"section_id": 3
}
],
"text": "An Act to authorise expenditure of certain sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1981. WHEREAS it is expedient to authorise expenditure of certain sums in respect of Bangladesh Railways from and out of the Consolidated Fund for the services of the financial year ending on the thirtieth day of June, 1981; It is hereby enacted as follows:-"
} |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.